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2016, 07-12 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday, July 12, 2016 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER INVOCATION: Pastor Darrell Cole, Living Hope Community Church PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT PROCLAMATION: n/a PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. 1. PUBLIC HEARING: Mining Moratorium, Second Extension — Erik Lamb 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on July 12, 2016 Request for Council Action Form Totaling:$719,670.65 b. Approval of Payroll for Pay Period Ending June 30, 2016: $511,654.65 c. Approval of June 14, 2016 Council Meeting Minutes, Special Meeting, Budget Workshop d. Approval of June 21, 2106 Council Meeting Minutes, Study Session e. Approval of June 28, 2016 Council Meeting Minutes, Special 5:00 p.m. Meeting f. Approval of June 28, 2016 Council Meeting Minutes, Regular Formal Meeting NEW BUSINESS 3. Second Reading Proposed Ordinance 16-010, Marijuana Regulations — Erik Lamb [public comment] 4. Motion Consideration: To Determine Interviews for Vacant Council Position #7 — Chris Bainbridge [no public comment] 5. Motion Consideration: State Route 27/Mirabeau Parkway Intersection Bid Award — Steve Worley [public comment] 6. Motion Consideration: Innovative Safety Program Call for Projects — Sean Messner [public comment] Council Agenda 07-12-16 Formal Format Meeting Page 1 of 2 PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS 7. Fiscal Year 2018 Transportation Improvement Board Call for Projects — Steve Worley 8. Greenhouse Gas Emissions Reduction Policy — Steve Worley 9. Spokane Regional Transportation Management Center Interlocal Agreement — Sean Messner, Eric Guth 10. Annexation Discussion — Lori Barlow, Matt Dowgin 11. Advance Agenda — Mayor Higgins INFORMATION ONLY: N/A CITY MANAGER COMMENTS ADJOURNMENT General Meetinj' Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 21-1 and 41 Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1st 3rd and St'- Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Council Agenda 07-12-16 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Check all that apply: ['consent ❑ old business ['information ❑admin. report Department Director Approval: ['new business ® public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: PUBLIC HEARING: second six-month renewal of moratorium on mining and mineral product manufacturing, originally adopted pursuant to Ordinance No.15-013 and renewed and modified pursuant to Ordinance No. 16-003. GOVERNING LEGISLATION: RCW 36.70A.390; RCW 36.70A; SVMC 19.120.050. PREVIOUS COUNCIL ACTION TAKEN: City Council adopted a moratorium on mining and mineral product manufacturing on February 24, 2015 and adopted findings of fact on April 28, 2015. Council repealed and replaced the original moratorium on mining pursuant to Ordinance No. 15-013 on June 30, 2015, and adopted findings of fact for the replacement moratorium on August 25, 2015 pursuant to Ordinance No. 15-015. Council adopted a six-month renewal and extension of the moratorium pursuant to Ordinance Nos. 16-002 (adopting Findings) and 16- 003. BACKGROUND: The City adopted a moratorium on mining and mining site operations on February 24, 2015, as set forth in Ordinance No. 15-005, and subsequently adopted findings of fact justifying the moratorium on April 28, 2015, pursuant to Ordinance No. 15-009. In order to ensure full notice and opportunity for public involvement regarding the moratorium, on June 30, 2015, the City adopted Ordinance No. 15-013 to repeal Ordinance Nos. 15-005 and 15-009 and to re-establish the moratorium and provide for another public hearing on the moratorium on mining and mining site operations. The City subsequently adopted Ordinance No. 15-015 on August 25, 2015 to adopt findings of fact justifying the reestablishment of the moratorium. Pursuant to state law, the City established a work plan in both Ordinance No. 15-005 and Ordinance No. 15-013 to undertake its Comprehensive Plan Update to determine if mining is an appropriate use of the City's industrial land given the unique permanence of mining. The moratorium established pursuant to Ordinance Nos. 15-013 was originally set to expire on February 23, 2016, unless otherwise extended. However, the Comprehensive Plan update was not completed by February 23, 2016, due in part to the City not having received a future population forecast and allocation estimate, as described in more detail below. Accordingly, the City Council adopted a renewal and extension of the moratorium on February 9, 2016 pursuant to Ordinance No. 16-003 with one primary modification as described in detail below. Ordinance No. 16-003 extended the moratorium for six -months "until 11:59 p.m. on August 21, 2016, unless repealed, extended, or modified by City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390." Finally, Ordinance No. 16-003 further continued the work plan established in Ordinance No. 15-013. Background on need for moratorium Importantly, RCW 36.70A.170 requires the City to designate "where appropriate...[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals." Further, RCW 36.70A.060 requires the City to adopt Page 1 of 4 development regulations to assure conservation of mineral resource lands designated under RCW 36.70A.170. In 2003, the City originally adopted by reference the Spokane County Comprehensive Plan as its interim Comprehensive Plan. The City's interim Comprehensive Plan included certain mineral resource designations. In 2006, the City adopted its Comprehensive Plan. In the 2006 Comprehensive Plan, the City did not designate any mineral resource lands, and it has not designated any since 2006. However, the Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goal LUG -10: Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. LUP-11.2: Conversion of designated industrial lands to other uses should be strictly limited to ensure an adequate land supply. Although the City did not designate mineral resource lands in its Comprehensive Plan, it did adopt development regulations permitting mining within the 1-2, Heavy Industrial Zone. This was due, in part, to the fact there are several existing gravel mining operations in the City, which take up significant acreage and result in Targe open pits once the mining use is concluded. One of the unique features of mining is the permanent impact on the land where it is sited. Once a mine is opened, the impacts of the mine on the land are usually irreversible even with appropriate reclamation planning. These impacts can mean that the land may be permanently removed from other future available industrial uses, even after the mine closes. With the City's zoning regulations, proposals for new mines and mining operations submitted during the Comprehensive Plan Update process could be permitted on industrial lands, thereby limiting the City's choices on how to plan for industrial uses and mining operations in the future. With that in mind, City Council determined it is appropriate to maintain the status quo by prohibiting new mining operations while the City undertakes its Comprehensive Plan review to determine (1) whether and where mineral resource land designation may be appropriate, and (2) if mining is an appropriate use of the City's undeveloped land given the unique permanence of mining. City Council specifically provided an exception in the moratorium so that it would not impact current lawful operations of any existing mining site. Work Plan; Delay of Comprehensive Plan Update process In order to adequately consider whether and where mineral resource land designation and mining may be appropriate within the City, City Council established a work plan directing the City as follows: A. The City of Spokane Valley Planning Commission ("Planning Commission") is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. Page 2 of 4 B. Upon adoption of the City's 2015 Comprehensive Plan Update, the Planning Commission shall work with City staff and the citizens of the City, as well as all public input received, to develop proposals for regulations pertaining to mining and mining site operations to be forwarded and recommended to the City Council for its consideration. Section 3 of Ordinance No. 15-013; continued pursuant to Section 3 of Ordinance No. 16-003. Pursuant to the mandates set forth in the Growth Management Act and Section 3 of Ordinance Nos. 15-013 and 16-003, the City has continued working through the Comprehensive Plan Update throughout 2015 and 2016. However, the City was delayed for a portion of 2015 in working through its Comprehensive Plan Update while waiting for the future population forecast and allocation from the Steering Committee of Elected Officials ("SCEO") and Spokane County Board of County Commissioners ("BoCC"). On November 4, 2015, the Planning Technical Advisory Committee ("PTAC") provided a recommendation to the SCEO which utilized the Office of Financial Management medium series forecast for 2037 and applied a historic growth rate from 2003 through 2015 for forecasting purposes. The SCEO considered the PTAC recommendation and voted 6-3 to recommend to the BoCC the population forecast and allocation recommended by the PTAC. The BoCC has not acted upon the SCEO recommendation. The population allocation is critical to the City's development of its Comprehensive Plan Update as it provides the basis for planning for future growth and assessing appropriate land use quantities to meet future growth needs. First Renewal Since the City was not able to obtain a population allocation in a timely manner, the City was not able to complete its Comprehensive Plan Update by the original moratorium expiration date of February 23, 2016. Accordingly, the City Council extended and renewed the moratorium for six - months as allowed by law. Based on testimony received during the extension and renewal process, City Council also modified the original moratorium to allow processing of permits related to mining site operations that had received a Washington State Department of Natural Resource County or Municipality Approval for Surface Mining Form (referred to as a "SM -6 Form") prior to the adoption of Ordinance No. 15-013. Ongoing Comprehensive Plan Update work Although there was a delay in 2015 on work on the Comprehensive Plan Update, the City made progress in 2015 prior to the delay and has continued working since the delay on the Comprehensive Plan Update. As part of the Comprehensive Plan Update process, the City is undertaking a comprehensive review of existing land inventory and all existing and desired land uses. Further, the City is analyzing and considering the economic and physical impacts of mining on land within the City. Appropriate recommendations for mineral resource land designations and, if necessary, related development regulations for mining, will result from this activity. To date, work on the Comprehensive Plan Update has included staff and consultant work in preparing analyses of certain portions of the updated Comprehensive Plan. It also has included a broad public process to accept citizen -specific Comprehensive Plan Update requests, called "Citizen Amendment Requests" (CARs). The CARs went through a review process from April through June 2015 by the Planning Commission, followed by a recommendation to City Council to include them for consideration in the Comprehensive Plan Update. The City Council considered the CARs and ultimately approved several CARs in the Comprehensive Plan update for further analysis and consideration. One CAR approved for further consideration was a request submitted by CPM Development Corporation ("CPM") to Page 3 of 4 include a new chapter creating Mineral Resource Lands goals, policies, and designation criteria and a corresponding map amendment to designate four sites as a Mineral Resource Land Overlay on the City's Official Comprehensive Plan Map. Further, City staff have been working through geologic, economic, and GIS data, as well as information from the Washington Departments of Commerce and Natural Resources, to review and analyze the appropriateness of mineral resource land designation within the City. Finally, the City has made extensive progress on the development of its Comprehensive Plan Update since the initial extension in February 2016. The City has obtained a future population forecast and allocation estimate to allow it to move forward with planning and development of the Comprehensive Plan Update. The City Council has heard reports on numerous topics as part of the development of the Comprehensive Plan Update, including an existing conditions report, retail study, tiny homes presentation, water district and water availability report, residential standards report, and the Council conducted a joint City Council -Planning Commission Comprehensive Plan workshop. However, though the City has worked diligently and continues to work on its Comprehensive Plan update, staff does not believe the City will be able to complete the Comprehensive Plan update by August 21, 2016 when the renewed moratorium is set to expire. Second Renewal Since the City does not anticipate it will complete the Comprehensive Plan Update by August 21, 2016, when the renewed moratorium expires, staff recommends a renewal of the moratorium for a six-month period. RCW 36.70A.390 authorizes the City to adopt a six-month renewal and extension of an existing moratorium, provided the City first conducts a public hearing and adopts findings of fact justifying the renewal and extension of the moratorium prior to such renewal. Further, Section 4 of Ordinance No. 16-003 expressly recognizes the City's authority to renew and extend the moratorium. A moratorium renewal will preserve the status quo so that new plans and regulations will not be rendered moot by intervening development. As part of the renewal, the City Council may consider renewing the moratorium as -is or renewing it with modifications that Council may deem to be appropriate given input from the public hearing. Staff has determined the moratorium renewal to be categorically exempt from SEPA pursuant to WAC 197-11-800(19). Pursuant to state law and Ordinance Nos. 15-013 and 16-003, the City Council is conducting a public hearing on the second moratorium renewal. At the public hearing, the City Council will take public comment and at a subsequent meeting consider findings of fact for the moratorium renewal, prior to considering adoption of the renewal. The City continues to work through the City's Comprehensive Plan Update, including consideration of whether and where mineral resource land designation may be appropriate. OPTIONS: Conduct public hearing. RECOMMENDED ACTION OR MOTION: Conduct public hearing. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; John Hohman, Community and Economic Development Director; Cary Driskell, City Attorney ATTACHMENTS: Ordinance No. 15-013; Ordinance No. 15-015; Ordinance No. 16-002; Ordinance No. 16-003; Maps of existing mining pits (operational and non -operational); Notice of Public Hearing published on June 24, and July 1 in the Spokane Valley News Herald. Notice will also be published on July 8, but will not be available for inclusion in the packet. Page 4 of 4 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO, 15-013 AN EMERGENCY ORDINANCE OF THE CITY or SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A MORATORIUM ON MINING, MINERAL PRODUCT MANUFACTURING, REPEALING ORDINANCE NOS, 15-006 AND 15-009, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is in the process of developing its 2015 Comprehensive Plan Update; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning reap, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether er not the governing body received a recommendation on the matter from the planning commission or department. if the governing body does riot adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods ifa subsequent public hearing is held and findings of fact are made prior to each renewal;" and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 isa method by which local governments may preserve the states quo so that new plans and regulations will not 6e thwarted or rendered moot by intervening development; and WHEREAS, RCW 35A.63.220 and RCW 36,70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing, provided the City conducts a public hearing an the moratorium within 60 days of the date of adoption of the moratorium; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements ofa threshold determination under the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.7OA.170 RCW, the City is required to designate "where appropriate...[mjinera.l resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals"; and WHEREAS, pursuant to RCW 36.70A.060, the City is required to adopt development regulations to assure conservation of mineral resource land designated under RCW 36.70A.170; and WHEREAS, the City has not designated any mineral resource lands within its boundaries nor has it developed regulations specific to mineral resource lands; and Ordinance l5-013 Page 1 of 5 WHEREAS, pursuant to Spokane Valley Municipal Code ("SVMC") 19,120.050, mining is currently a permitted heavy industrial processing '.ise within the heavy industrial (1-2) zone; and WHEREAS, the City's currently adopted Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goal LUG -10: Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land iri parcel sires adequate to allow for future development as industrial uses, LUP-11.2: Conversion of designated industrial lands to other uses should be strictly limited to ensure ars adequate land supply; and WHEREAS, the City has existing grave] mining operations within its industrial zone taking up significant acreage, which result in large open pits once the mining use is completed. Once a mine is opened, the impacts on the land may be irreversible even with appropriate reclamation planning. These impacts are permanent and can limit future industrial or other productive use of the site, even ager the mine closes; and WHEREAS, the City has a finite amount of available undeveloped industrial land; and WHEREAS, pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan Update Process, the City will analyze and cr mplete an inventory of available industrial lands and review designation and regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral resource lands may be appropriate within the boundaries of the City, and (b) whether mining and mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible when undertaken on industrial lands and/or elsewhere within the City; and WHEREAS, additional time is necessary to allow the City to continue the development and completion of its Comprehensive Plan Update, including the determination of what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, new proposals for minim; and mining site operations that may be submitted pending the completion of the Comprehensive Plan Update precess would pose an imminent threat to public health and safety because they can permanently alter the built environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's ability to reach a reasoned policy approach related to industrial land capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operation; and WHEREAS, a moratorium on mining and mineral product manufacturing will maintain the status quo by prohibiting issuance of City permits and licenses for new raining 'operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Nan Update, including giving due consideration to the determination of where, if anywhere, designation of mineral resource lands may be appropriate and determining what the City's long-term goals are with regard to mining and mining site operations within its jurisdictional limits; and WHEREAS, ori February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and establishing a moratorium on submission, acceptance, processing, modification or approval of any Ordinance l5 -D13 Page 2cfS permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching; and WHEREAS, pursuant to Section 4 of Ordinance No, 15-005, the City Council set March 24, 2015 at 6:00 p.m, at City Hall as the date, time and location for a public hearing on the moratorium; a,i.i W1 -UREAS, on March 6, 20 l5, a summary of Ordinance No. 15-005 was published in tint valley News Herald, the City's newspaper of general circulation, which summary included the we.encei "Section 4 sets March 24, 2015 as the date for a public hearing"; and WHEREAS, there were articles regarding the moratorium and pending public hearing prior to the public hearing that were published in local newspapers that included reference to the public hearing on the moratorium; and WHEREAS, the agenda for the meeting on ivlarch 24, 2015, which included reference to the public hearing on the moratorium, was posted on the City's website and provided to members of the City's agenda packet distribution list via email in advance of March 24, 2015; and WHEREAS, on March 24, 2015, the City Council conducted a public hearing on the moratorium unposed and established pursuant to Ordinance No, 15-005 and received written testimony from two interested parties and six interested parties spoke at the public hearing; and WHEREAS, on April 28, 2015, after giving due consideration to the public testimony received, the City Council adopted Ordinance No. 15-009 adopting F=indings of fact justifying the moratorium On mining established pursuant to Ordinance No. 15-005; and WHEREAS, though public information and notice was provided of the public hearing, there was no formal publication of notice of the public hearing in the City's official newspaper as is the City's practice; and WHEREAS, repeal of Ordinance No. 15-005 and ordinance No 15-009 and re-establishment of art emergency moratorium on mining and/or related mining site operations with a new public hearing preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and opportunity for interested parties to provide comments ort the moratorium; and V4'HEREAS, the City Council finds that the moratorium unposed and established by this Ordinance is necessary for the immediate preservation of the public health, public safety, public property and public peace. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Preliminary Findings, The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance, Section 2. Moratorium Established. A. The City Council hereby declares an emergency and imposes a moratorium upon submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such us excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. Ordinance 15-013 Page 3 cif 5 B. Nothing herein shall affect the processing or consideration of any existing andalready- submitted complete land -use or building permit applications that may be subject to vested rights as provided under Washington law. C. This moratorium shall not affect any mining or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that were in existence and in continuous and lawful operation as of the effective date of this Ordinance. Section 3. Work Plan. The following work plan is adopted to address the issues involving the City's consideration and regulation of mining: A. The City of Spokane Valley Planning Commission (`:Planning Cornrnission") is hereby authorized and directed to hold public hearings and public meetings to fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Comnrissian shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop proposals fc'r mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration_ The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 20;5, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. l3_ Upon adoption of the City's 2015 Comprehensive Plan Update, the Planning Commission shall work with City staff and the citirrs of the City, as well as all public input received, to develop proposals for regulations pertaining, to mining and mining site operations to be forwarded and recommended to the City Council forints consideration. Section 4. Puhtic. Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, tete City Council shall conduct a public hearing on July 28, 2015 at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City cf Spokane Valley City Hall, City Council Chambers, 11707 East Sprague, Spokane Valley, 919206, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the moratorium set forth in this Ordinance, ,Section 5. Duration.. The moratorium set forth in this Ordinance shall be its effect as of the date of this Ordinance and shall continue in effect until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390, Section, 6. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 7. Repeal. Ordinance No. 15-D05 and Ordinance No. 15-009 are hereby repealed in their entirety and shall be without any force or effect as of the effective date of this Ordinance as set forth in Section 9 below. Section 8. Severability. If any section, sentence, clause or phrase ofthi n L: an 02 One! be held to be invalid or unconstitutional by a court of competent jurisdiction, such reelidiiv ei unconstitutionality shall not affect the validity or constitutionality uf any other section, se:-.rc.nne claris4, or phrase of this Ordinance. Section 9. Declaration of Emergency; Effective Date. This Ordinance i cicsi Dialed public emergency necessary for the protection of public health, safety, and welfare and II -eh: en: ,:,ell take effect immediately upon adoption by the City Council.. Ordinance 1 5-0 13 Page 4 of 5 Passed by the City Council this 311th day oflune, 2015. City Clark, Chris` ine Dainbrid_ Dean Crafos, Mayor Approve, as Form: r 5'11,() Date of Publication: Office oft the ity Attorney Effective Date: June 30, 2015 jIJ Ordinance 15-013 Page 5 of5 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 15-015 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION OF ORDINANCE NO. 15-013 AND THE REPEAL OF ORDINANCE NOS. 15-005 AND 15-009 AND ESTABLISHMENT OF A MORATORIUM ON MINING, MINERAL PRODUCT MANUFACTURING, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is in the process of developing its 2015 Comprehensive Plan Update; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all stitch local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission ar department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public (tearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal," and WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development; and WHEREAS, RCW 35A.63.220 and RCW 36.7fA.390 both authorize the enactment of a moratorium, interirn zoning map, interim zoning ordinance, ar interim official coram 1 prior to holding a public hearing, provided the City conducts a public hearing on the moratorium within 60 days of the date of adoption of the moratorium; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on lune 30, 2015, the City adopted Ordinance No. 15-013 establishing a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining andfor related ruining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and repealing Ordinance Nos. 15-005 and 15-009; and WHEREAS, pursuant to RCW 35A.63.220, RCW 36.70A.390, and Ordinance No. 1.5-013, on July 28, 2015, the City Council conducted a public hearing on the adoption of Ordinance No, 15-013 and the establishment of a moratorium on mining and/or related mining site operations; such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and the repeal of Ordinance Nos. 15-005 and 15-009; and Ordinance 15-015 — Findings of Fact on Mining Moratorium Page 1 of 5 WHEREAS, two written comments were submitted prior to the public hearing. At the public hearing, City Council heard verbal testimony from five interested parties. Further, at the public hearing, four persons who testified submitted written comments and one person submitted a flash drive with three electronic documents and five video recordings of portions of City Council meetings held on February 24, 2015, March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council is required to adopt findings of fact after conducting the public hearing. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as fellows: Section 1. Findings of Faet.. Pursuant to RCW 35A.63.220 and RCW 36.7OA.390, on July, 28, 2015, the City Council conducted a public hearing on Ordinance No. 15-013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stoekpiliig, arid mineral batching and the repeal of Ordinance Nns. 15-0OS and 15-009. The City Council hereby adopts the following as findings of fact in support of Ordinance No. 15-013 and the establishment of a moratorium on mining andfor related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral hatching and the repeal of Ordinance Nos. 15-005 and 15-009: 1. On February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and establishing a moratorium on submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining andfor related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. 2. Pursuant to Section 4 of Ordinance No. 15-005, the City Council set March 24, 2015 at 6:00 p.m. at City Hall as the date, time and location fora public hearing an the moratorium.. 3. On March 6, 2015, a summary of Ordinance No. 15-005 was published in the Valley News Herald, the City's newspaper of general circulation, which summary included the statement "Section 4 sets March 24, 2015 as the date for a public hearing" 4. There were articles regarding the moratorium and pending public hearing prior to the public hearing that were published in local newspapers that included reference to the public hearing an the moratorium. 5. The agenda for the meeting on March 24, 2015, which included reference to the public hearing on the moratorium, was posted on the City's website and provided to members of the City's agenda packet distribution list via email in advance of lviarch 24, 2015. 6, On March 24, 2015, the City Council conducted a public hearing on the moratorium imposed and established pursuant to Ordinance No. 15-005 and received written testimony from two interested parties. Six interested parties spoke at the public hearing, 7. On April 28, 2015, after giving due consideration to the public testimony received, the City Council adopted Ordinance No. 15-009 adopting findings of fact justifying the moratorium an minting established pursuant to Ordinance No. 15-005. 8. Though public information and notice was provided of the public hearing, there was no formal publication of notice of the public hearing in the City's official newspaper as is the City's practice. 9. Repeal of Ordinance No. 15-005 and Ordinance No, 15-009 and re-establishment of an emergency moratorium on raining and/or related mining site operations with a new public hearing Ordinance 15-015 — Findings of Fact on Miring Moratorium Page 2 of 5 preceded by new and more broadly disseminated public notice is appropriate to ensure full notice and opportunity for interested parties to provide comments on the moratorium. 10. Pursuant to RCW 36.70A.170 RCW. the City is required to designate "where appropriate...[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction ofminerals ." 11. Pursuant to RCW 36.70A,060, the City is required to adopt development regulations to ensure conservation of mineral resource lands designated under RCW 36.70A.17U. 12. The City has not designated any mineral resource lands within its boundaries nor has it developed regulations specific to mineral resource lands. 13. Pursuant to Spokane Valley Municipal Code ("SVMC") 19,120.050, mining is currently a permitted heavy industrial processing use within the heavy industrial (1-2) zone. 14. The City's currently adopted Comprehensive Plan contains several goals and policies for the appropriate development of industrial lands, including the following: Goal LUG -l0: Provide for the development of well-planned industrial areas and ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. LUP-i 12: Conversion of designated industrial lands to other uses should Ise strictly limited to ensure an adequate land supply. 15. The City has existing gravel mining operations within its industrial zones raking rap significant acreage, which result in large open pits once the mining use is completed. Once a mine is opened, the impacts on the land are usually irreversible even with appropriate reclamatior, planning. These impacts are permanent and can limit future industrial or other productive use of the site, even after the mine closes 16. The City has a finite amount of available undeveloped industrial land. 17. Pursuant to chapter 36.70A RCW, the City is in the process of developing its 2015 Comprehensive Plan 'Update. 18. Pursuant to chapter 36.70A RCW, as part of the Comprehensive Plan Update process, the City will analyze and complete an inventory of available industrial lands and review designation and. regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral resource lands may be appropriate within the boundaries of the City, and (b) whether mining and mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible and appropriate when undertaken on industrial lands andior elsewhere within the City. 19. The current work program For the 2015 Comprehensive Plan Update anticipates that a draft Comprehensive Plan will be completed by the end of2015. 20. New proposals for mining and mining site operations that may be submitted pending the completion of the Comprehensive Plant Update process would pcse an imminent threat to public health and safety because they can permanently alter the built and natural environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's ability to reach a reasoned policy approach related to industrial land Ordinance 15-015 _Findings of Fact on Mining Moratorium Page 3 of 5 capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operation. 21. Pursuant to Article 11, Section 1 ] of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing, land uses within the City. 22. RCW 36.7OA.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim ming ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing, A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." 23. A moratorium enacted under RCW 35A.63.220 andiar RCW 35.70A.390 is a method by which local governments may preserve the status quo so that new plans and regulations will not be rendered moot by intervening development. 24. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holdinga public hearing, provided a public hearing is held within 60 days of the adoption of the moratorium, 25, A moratorium on mining and mineral product manufacturing will maintain the status quo by prohibiting issuance of City permits and licenses for new mining operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Plan Update, including giving due consideration to the deterrninaticn of where, if anywhere, designation of mineral resource lands may be appropriate, and determining what the City's Tong -term goals and policies are with regard to mining and mining site operations within its jurisdictional limits, 26. Pursuant to Ordinance No. 15-013, City Council adopted a work plan to address the development of the City's Ccrnprehensive Plan Update. 27. Staff has completed. SEPA review of the moratorium and has determined the moratorium on reining and/or related mining site operations under Ordinance No. 1.5-413 is categorically exempt from threshold determination and EIS requirements pursuant to Washington Administrative Code 1.97-11- 800(19). 2g. On July 28, 2015,.City Council conducted a public hearing on the adoption of Ordinance 15- 013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral hatching and the repeal of Ordinance Nos. 15-005 and 15-009, 29, Two written comments were submitted prior to the public hearing- At the public hearing, City Council heard verbal testimony from five interested parties. Further, at the public hearing, four persons who testified submitted written comments and one person submitted a flash drive with three Ordinance 15415 — Findings of Fact on Mining Momon Page 4 of 5 electronic documents and five video recordings of portions of City Council meetings held on February 24, 2015, March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015, The City Council has givers due consideration to all public testimony received. 30. The adoption of Ordinance No. 15-013 and the establishment of a moratorium on mining andlor related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching is consistent with the goals and policies of the City's Comprehensive Plan and the development of the City's Comprehensive Plan Update. 31. The City Council finds that the moratorium imposed and established by Ordinance No. 15- 013 is necessary for the immediate preservation of the public health, public safety, public property and public peace. Section 2. Duration_ The moratorium set forth in Ordinance No. 15-013 shall be and remain in effect as of the effective date of Ordinance No. 15-013 and shall continue in effect until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390. The duration of the moratorium set forth in Ordinance No. 15-013 is expressly intended to preserve in continuous force and effect the moratorium established in Ordinance No. 15-005 notwithstanding the repeal of said Ordinance No. 15-005. Section 3. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 4. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance, Section 5. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as provided by law_ Passed by the City Council this 25th day of August, 2015. A. 7)1' cyT^ice City Clerk, Christine Bainbridge Office o e City A{F!. mey Date of Publication: �- Effective Date: Dean Grafts, Mayo Ordinance 15-015 — Findings of Fact on Mining Moratorium Page 5 of 5 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION OF A SIX MONTH RENEWAL OF THE MORATORIUM ON MINING AND MINERAL PRODUCT IVIANUFACTUI ING ORIGINALLY ESTABLISHED PURSUANT TO ORDINANCE NO. 15-013 WITH MODIFICATIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is in the process of developing its Comprehensive Plan Update; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A390, on June 30, 2015, the City adopted Ordinance No. I5--013 establishing a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and repealing Ordinance Nos. 15-005 and 15-009; and WHEREAS, pursuant to Ordinance No. 15-013, the moratorium shall expire at 11:59 p.m. on February 23, 2016, unless otherwise repealed, extended, or modified by the City Council prior to such expiration; and WHEREAS, the City does not anticipate it will complete its Comprehensive Plan Update by February 23, 2016; and WHEREAS, pursuant to Article 11, Section 11 ofthe Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws,' which includes the adoption of regulations governing land uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning nip, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, ar interim official control, shall hold a public hearing on the adopted mor'atoriurn, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission ar department. if the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance. or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one ye-ar if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent pudic hearing is held and findings of fact are made prior to each renewal;" and WHEREAS, a moratorium renewal enacted under RCW 35A.63.220 arrdior RCW 36.70A.390 is a method by which local governments may continue to preserve the status quo established through the original moratorium so that new plans and regulations will not be rendered moot by intervening development; and Ordinance 16-002 Page 1 or7 WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium renewal for one or more six-month periods if a public hearing is held and findings of fact are made prior to each renewal; and WHEREAS, pursuant to RCW 36.70A.3911 and Ordinance No. 15-013, ort .lanuaty 5, 2016, the City Council conducted a properly noticed public hearing on the renewal of the moratorium on mining and/or related raining site operations for a sic -month period; and WHEREAS, at the public hearing, City Council heard verbal testimony from two interested parties, and each party submitted additional written comments. Further, the City received written comments on January S, 2016, which have been considered by City Council as part of the record for such renewal; and WHEREAS, City Council has determined based upon public testimony received that a modification to the moratorium regarding impacts to existing mines and mines that received an "SM -6 form" as part of their reclamation permitting process from the Washington Department of Natural Resources prior to the establishment of the moratorium is appropriate to give effect to City Council's original desire that the moratorium not impact existing and ongoing mining business operations; and WHEREAS, pursuant to RCW 35A.63.2.20 and RCW 36.7OA.390, the City Council is required to adopt findings of fact after conducting the public hearing and prior to such renewal. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Findings of Fact, Pursuant to RCW 35A_63.220 and RCW 36.70A.390, on January 5, 201 1, the City Council conducted a public hearing on a six-rnanth renewal of the moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, originally established pursuant to Ordinance No, 15-011 The City Council hereby adopts the following as findings of fact in support of renewal of the moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, originally established pursuant to Ordinance No. 15- 013 with modifications: L On February 24, 2015, the City Council adopted Ordinance No. 15-005, imposing and establishing a moratorium on the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. 2. On March 24, 2015, the City Council conducted a public hearing on the moratorium imposed and established pursuant to Ordinance No. 15-005 and received written testimony from two interesred parties. Six interested parties spoke at the public hearing.. 3. On April 28, 2015, after giving due consideration to the public testimony received, the City Council adopted Ordinance No. 15-009 adopting -findings of fact justifying the moratorium On mining established pursuant to Ordinance No. 15-005. 4. On June 30, 2015, the City Council adopted Ordinance No. 15-413, repealing Ordinance Nos. 15-005 and 15-009, and re-cstaD]l hang a moratorium on the submission, acceptance, processing, modification or approval of al), peniiit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching. Ordinance 16-002 Page 2 of 7 5. On July 23, 2015, City Council conducted a properly noticed public hearing on the adoption of Ordinance 15-013 and the establishment of a moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and the repeal of Ordinance Nos. 15-005 and 15-009. 6, Two written comments were submitted prior to the public hearing, At the public hearing, City Council heard verbal testitncny from five interested parties. Further, at the public hearing, four persons who testified submitted written comments and one person submitted a flash drive with three electronic documents and five video recordings of portions of City Council meetings held on February 24, 2015, March 24, 2015, April 14, 2015, April 28, 2015, and June 30, 2015. 7. On August 25, 2015, after giving due consideration to the public testimony received, City Council adopted Ordinance No. 15-015, adopting findings of fact justifying the adoption of Ordinance No. 15-013 and the re-establishment of the moratorium on mining andJar related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and the repeal of Ordinance Nos. 15-005 and 15-009.. 8. Pursuant to Section 5 of Ordinance No. 15-013, the moratorium will last "until 11:59 p.m. on February 23, 2016, unless repealed, extended, or modified by City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390." 9. Pursuant to RCW 36.70A.170 RCW, the City is required to designate "where appropriatc...[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals." 10. Pursuant to RCW 36.70A.O60, the City is required to adopt development regulations to ensure conservation of mineral resource lands designated pursuant to RCW 36.704.170. 11. On March 27, 2003, the City originally adapted the Spokane County Comprehensive Plan as its iciterim Comprehensive Plan. The City's interim Comprehensive Plan included certain mineral resource designations for locations within the City's boundaries. 12. On April 25, 2006, the City adopted its Comprehensive Plan. The City's Comprehensive Plan did not designate any mineral resource lands within its boundaries, and the City has not further designated mineral resource lands since 2006. 13. The City's currently adopted Comprehensive PIan contains several goals and policies for the appropriate development of industrial lands, including the following. Goal LUG -10: Provide for the development of well-planned industrial areas artd ensure the long-term holding of appropriate land in parcel sizes adequate to allow for future development es industrial uses. LIJP-1 L2: Conversion of designated industrial lands to other uses should be strictly limited to ensure an adequate land supply. 14. Pursuant to Spokane Valley Muni..i,,al Code (` SVMC") 19.120.050, mining is currently a permitted heavy industrial processing use wiihiii tIic heave industrial (I-2) zone. 15. The City has .existIIig gravel min in c l7crations within its industrial zones taking up significant acreage, which result in large op::n pits CI[1c;1: 1.1,e mining 1131 :S CL'-nlpleted. Once a mine is opened, the Ordinance 16-002 Page 3 of 7 impacts on the land are usually irreversible even with appropriate reclamation planning. These iii,pi c;'s be permanent and can limit future industrial or other productive use of the site, even after the miie. elr, 16. The City has a finite amowunt of available undeveloped industrial land. 17. New proposals For mining and mining site operations that may be submitted pending the completion of the Comprehensive Plan Update process would pose an imminent threat to public health and safety because they can permanently alter the built and natural environment and limit the City's choices in the exercise of its land use authority, thereby thwarting the Comprehensive Plan Update process and impairing the City's altility to reach a reasoned policy approach related to industrial land capacity, determining where, if anywhere, designation of mineral resource lands would be appropriate, and determining what the City's long-term goals and policies are with regard to mining and mining site operation. 18. With the planning issues and potential far new mining impacts in mind, the City Council determined the moratorium was appropriate in order to maintain the status quo by prohibiting issuance of City permits and licenses for new mining operations beyond those presently vested while the City undertakes development and completion of its Comprehensive Plan Update, including giving due consideration to the deternikrtation of where, if anywhere, designation of mineral resource Lands may be appropriate, acid determining what the City's long-term goals and policies are with regard to mining and mining site operations within its jurisdictional limits. l9. Pursuant to Section 3 of Ordinance No. 15-013, the City Council established a work plan in order to adequately consider (a) where, if anywhere, designation of mineral resource lands may be appropriate within the boundaries of the City, and (b) whether raining and mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible and appropriate when undertaken on industrial lands andfor elsewhere within the City. The work plan directs the City as follows: A. The City of Spokane Valley Planning Commission ("Planning Commission') is Hereby authorized and directed to hold public hearings and public meetings to Fully receive and consider statements, testimony, positions, and other documentation or evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develcp proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. B. Upon adaption of the City's 2015Comprehensive Plan Update, the Planning Commission shall work with City staff and the citizens of the City, as well as all public input received, to develop proposals for regulations pertaining to mining and mining site operations to be forwarded and recommended to the City Council for its consideration. 20. Pursuant to chapter 36.701. RCW, the City is in the process of developing its Com reEiensi'ie Plan Update. 21. Pursuant to chapter 36.70A RCW and the work plan established pursuant to Ordinance No. 15- 013, as part of the Comprehensive Plan Update process, through 2015 and continuing into 2016, the City Ordinance 16-002 Page 4 of 7 has been analyzing and completing an inventory of available industrial lands, and reviewing designation and regulation of mineral resource lands in order to reach a reasoned policy decision in the interest of public health, safety and welfare that addresses (a) consideration of where, if anywhere, designation of mineral resource lands may be appropriate within the boundaries of the City, and (b) whether mining and mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, are compatible and appropriate when undertaken on industrial lands andner elsewhere within the City. 22. As part of the Comprehensive Plan Update process, the City has undertaken a broad public process to accept citizen -initiated Citizen Amendment Requests ("CARs"). CARs were reviewed through a public process by both the Planning Commission and the City Council and several were approved by the City Council for further analysis and consideration through the Comprehensive Plan Update, One CAR that was approved for further review was a request to include a new chapter creating Mineral Resource Lands goals, policies, and designation criteria and a corresponding map amendment to designate four sites as a Mineral Resource Overlay on the City's Comprehensive Plan Map. Further, City staff have been researching, reviewing, and analyzing geologic, economic, and GIS data, as well as information from the Washington Departments of Commerce and Nature Resources, to review and analyze the appropriateness of mineral resource land designation within the City's boundaries, 23. The City was delayed for a portion of 2015 in work Mg through its Comprehensive. Plan. Update while waiting for the future population forecast and allocation from the Steering Committee of Elected Officials ("SCEO") and Spokane County Board of County Commissioners ("BoCC"). The SCE° voted on November 4, 2015, to recommend to the 13oCC the population forecast and allocation recommended by the Planning Technical Advisory Committee which utilized the Office of Financial Management medium series forecast for 2037 and which applied a historic growth rate from 2003 through 2015 for forecasting purposes. The BoCC has not acted upon the SCEO recommendation. 24, The population forecast and allocation is critical to the City's development of its Comprehensive Plan Update as it provides the basis for planning for future growth and assessing appropriate Iand use quantities to meet future growth needs. 25. Due to the delay in recommendation anti adoption of the population allocation, the City has not completed its Comprehensive Plan Update and the City does not anticipate it will complete the Comprehensive plan Update by February 23, 2O6. 26. Pursuant to Article 1 1, Section 11 ofthe Washingtoa Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all etech local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City, 27. RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interirn zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed Ordinance 16-002 Page 5 of 7 for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal." 28. A moratorium renewal enacted under RCW 35A.G3.220 and/or RCW 36.70A390 is a method by which local governments may continue to preserve the status quo established through the original moratorium so that new plans and regulations will not be rendered moat by intervening development. 29. RCW 35A,63.220 and RCW 35.70A.390 both authorize the enactment of a moratorium renewal for one or mere six-month periods if public hearing is held and findings of fact are made prior to each renewal. 30. A six-month renewal of the moratorium on mining and mineral product manufacturing will continue to maintain the status quo by prohibiting issuance of City permits and licenses for new minim, operations beyond those presently vested while the City continues to work on and complete its Comprehensive Plan Update, including giving due consideration to the determination of where, if anywhere, designation of mineral resource lands may be appropriate, and determining what the City's long- term goals and policies are with regard to mining and mining site operations within its jurisdictional limits. 31. Staff has determined that a six-month renewal of the moratorium an mining andfor related mining site operations originally established pursuant to Ordinance No. 15-013 with modifications is categorically exempt from threshold determination and EIS requirements pursuant to Washington Adrnlnistrative Cade 197-11-500(19), 32. Notice of the public hearing on January 5, 2046, was published in the C:!L 's I ega I public<rric r„ the Valley News Herald, on December 11, 18, and 25, 2015, and January 1, 2016. 33. On January 5, 2016, City CoRIncil conducted a properly noticed pubiic hearing on a six-month renewal of the moratorium on mining and/or related mining site operations, such as txca,,ation, nr:neral product manufacturing, mineral ',recessing, stockpiling, and mineral hatching, arig5nalle established pursuant to Ordinance No. 15-013. 34. At the public hearing, City Council heard verbal testimony from two interested parties. Both parties also submitted written testimony. Further, on January 8, 2016, the City received written testimony from a third party. All parties requested a modification to the moratorium to allow processing of permits for the ongoing operation and maintenance of mines that are currently operational as well as those that received a Washington State Department of Natural Resource County or Municipality Approval for Surface N1 i:a ing Form (commonly referred to as a "SM -6 Forrn") prior to the establishment of the moratorium. The panics requested such modification to prevent impacts from the moratorium to their existing and ongoing business operations. The City Council has given due consideration to all public testimony received, including the written testimony received an January 3, 2016. 35. A modification to the moratorium regarding mining operations where the operator received a SM -6 Form prior to the establishment of the moratorium is appropriate to give effect to City Council's original desire that the moratorium not impact existing and ongoing mining business operations. 36. The adoption of a sic-tnonth renewal of the moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, arid. mineral batching, originally established pursuant to Ordinance No. 15-013 with modifications, is consistent with the goals and policies of the Ciry's Comprehensive Plan and the development of; ilia City's Comprehensive Plan Update_ Ordinance 16-002 Page 6 of 7 37. The City Council finds that a six-month renewal of the moratorium originally imposed and established by Ordinance No. '15-013 with modifications is necess=ary For the preseivation of the public health, public safety, public property and public peace. Section 2. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is Hereby ratified and affirmed. Section 3. 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 oFthiis Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 9''' day of February, 2t116. ATTES Clerk, Christine Bainbridge f Approved as t rm: Officef the Ci rney Date of Publication: February 12. 2016 Effective Date: February 17.2D16 L.ill i gg ins, _N4ar Ordinance 16-002 Page 7 of 7 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-003 AN ORDINANCE OF TIM CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A SIX MONTH RENEWAL OF THE MORATORIUM ON MINING AND MINERAL PRODUCT MANUFACTURING ORIGINALLY ESTABLISHED PURSUANT TO ORDINANCE NO. 15.4113 WITH MODIFICATIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is in the process of developing its Comprehensive Plan Update; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on June 30, 2015, the City adopted Ordinance No. 15-013 establishing a moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by Or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching and repealing Ordinance Nos. 15-005 and 1,5-009; and WHEREAS, pursuant to Ordinance No. 15-013, the moratorium shall expire at 11;59 p.m. an February 23, 2016, unless otherwise repealed, extended, or madit<ed by the City Council prior to such expiration; and WHEREAS, the City does not anticipate it will complete its Comprehensive Plant Update by February 23, 2016; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City is authorized to "make and enforce within its limits al] such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing [null uses within the City; and WHEREAS, RCW 36.70A.390 provides that "A moratorium, interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;" and WHEREAS, a moratorium renewal enacted under RCW 35A.63.220 and./or RCW36.70.A.390 i., a method by which local governments may continue to preserve the St,ftr.; t:7ic cstab[is1i.& 7.11: mgli the original moratorium so that new plans and regulations wi[I not be wr,c[t:rctl rtwot bv iricrlt-.i�,, development; and WHEREAS, RCW 35A.63.220 and RCW 36.70+A.390 ball: cel moratorium renewal for one or more six-month periods if a public 9ie r i,l is ir.c1;:1 ;Ind 5 in ie made prior to each renewal; and WHEREAS, pursuant to RCW 36.70A.390 and Ordinari.:i No. ' :y -f) : 5, x;11 i1. lh,. City Council conducted a property noticed public heating on tits. [ it ratorium oI1 ITI.! g and/or related mining site operations for a six-month period; and WHEREAS, at the public hearing, City Council heard verbal testimony from t ; o interesied pari s and each party submitted additional written comments. Furth':r, the O t • rec ivoil written comments cents on January 8, 2016. ti,.iiicli have been considered by City Council as part of the rec:arc for Such rersetiti rl; and Ordinance 16,-003 Ii G 1 of WHEREAS, City Council has determined based upon public testimony received that a modification to the moratorium regarding impacts to existing mines and mines that received a "SM -6 Form" as part of their reclamation permitting process from the Washington Department of Natural Resources prior to the establishment of the moratorium is appropriate: to give effect to City Council}s original desire that the moratorium not impact existing and ongoing mining business operations; and WHEREAS, pursuant to RCW 35A.63.120 and RCW 36.7OA.39a, the City Council is required to adopt findings of fact after conducting the public hearing and prior to such renewal; and WHEREAS, on February 9, 2016, pursuant to Ordinance No. l6-002, City Council adopted findings of fact justifying a six-rnontIi renewal of the moratorium on mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing„ stockpiling, and mineral batching, originally established pursuant to Ordinance No. 15-013, with modifications; and WHEREAS, pursuant to WAC 19-11-88(1, the adoption of this Ordinance is exempt from the regnirements ofa thresliold determination under the State Environmental Policy Act; and WHEREAS, the City Council finds the adoption of a six-month renewal of the moratorium on raining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching originally established pursuant to Ordinance No. 15-013 with modifications is in the public interest and necessary for the preservation of the public health, public safety, public property, and public peace. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Public hearing; findings of fact. Pursuant to RCW 35A.63,220 and RCW 36.74.A.330, the City Council has conducted a properly noticed public hearing and adopted findings of fact justifying a six-month renewal of the moratorium en mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, originally established pursuant to Ordinance No. 15-013, with modifications. Section 2. Moratorium Renewed. A. The moratorium upon the submission, acceptance, processing, modification or approval of any permit applications or licenses by or for mining and/or related mining site operations, such as excavation, mineral product manufacturing, mineral proceaaing„ stockpiling, and mineral batching as originally established pursuant to Ordinance No. 15-013 is hereby renewed and extended For a six-month (180 day) period as set forth in Section 4 herein. l3_ Nothing herein shall affect the processing or consideration of any existing and already - submitted complete land -use or building permit applications that may be subject to vested rights as provided under Washington law. C. This renewed moratorium shall not affect any mining or mining site operations, including excavation, mineral product manufacturing, mineral processing, stockpiling, and mineral batching, that were in existence and in continuous and lawful operation as of the effective date of Ordinance No. 15 -013 - This renewed moratorium shall also not affect any proposed mine or mining site operation that had, prior to the effective date of Ordinance No, 15-01.3, received a Washington State Department of Natural Resource County or Municipality Approval for Surface Mining Form (commonly referred to as a "SM -6 Form") for the site of the proposed mine or mining site operation. This Section 2(C) shall allow the City to accept and process any permit applications or licenses for such mining operations and sites; provided, however, nothing in this Section 2(C) shall be construed es alt approval or acceptance by the City of any mining or mining site operations, legal rights relating to any such sites or operations, or approval, permission, allowance, or Ordinance 16-003 page 2 or authority to mine without receiving all applicable and necessary City permits or licenses relating to any specific mine or mining site operation. Section 3. Work Plan. The work plan established pursuant to Ordinance 14o. 15-013 shall be continued as part of the renewal of the moratorium as set forth herein. Section 4. Duration_ The moratorium as renewed herein shall be in effect as of the date of this Ordinance and shall continue in effect fora period of six -months (180 days) from the original expiration date of the moratorium until 11:59 p.m. on August 21, 2016, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entiy of appropriate findings of fact, pursuant to RCW 3S A,63,220 and RCW 36.73A,390. Section 5. Ratification. Any act consistent with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirrned. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section '. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance a or summary thereof in the official newspaper of the City of Spokane Walley as provided by lay. Passed by the City Council this 9`h day of February, 2816. L.lt. Higgins., ATTES City Clerk, Christine fainbridge Approved as to Fern: el 111 e Office of the Ci .1 Date of Publication: February 12. 2016 Effective Date: February I7, 2016 Ordinance 16-003 Page 3 of 3 Fr1 ay, June 24, 2016 Spokane Valley News Herald Section 2 Page 7 KAY' N. FLEMING, Deceased. Pamela K Posey has been appointee as personal representative rperreenaI ram. senteipel et this a61ale. Any person having a claim against the decedent must. belora the time the claim would her barred by any vtherlviee applicable 8latule el 1imllslites. present the Maim in the mannterare provided in RCW 11.40070 by serving on or mop- ing to the porsonai representative or the personal rdpre-sordativers attorney at the address stated below a Copy el the claim and thrice the original or the elairi 11401 the oarrt In which the probate prer-eedIngs were cum ericed.Thevtairnmustbepresenled within the later ar: (1} 40 duo after the personal representable served ur miulfid the notice to the credimer os provided under RCW 11.44.029(1 }(c); ur 12) tour tr fond s ar- terlhe date of fuel publication of the notice. If the claim [lima erseented within this lime frame, the claim ea iereeer barred, except es otherwise provided in ROW 11 48.051 end ROW 11040.480. Thi* bar i8 elleactive es to ofRi i&again5d bolil the decedent's probate end nonPrabete easels.. Dated this 141h day or Jena, 2016. Female K. Posey,,, Foveation F resei>aralive Artorneylcu Persona Reerasentailve; Reiland MC0urna, W DBA 11E0660 621 W_ Mellon Ave. State 306 Spokane. WA MOT (509# 325.5712 6.24, 7!1.7!9 File No.: Trustee: a410.2O.0 I Maratweell Trustee Services, brit. Grenteru: Celt UI86y, who also appaars al record as Colt D.. Utley, es his separate estate Grantee' Meiji -Won Trust, National Association, not In its In41 vidual oipacliy, Yawl avlely as Ioustee fur MFq,4Trus1241 E.5 Ref W DOTAurF+lor Fla Na :6522434Tax Pascal ID Na: 29281.4208 AbbreviatedLegal_ LOT 8, BLK 5, NEW NPR QN F1RSTAt76,, VOL2?. G97, S : F }r4$144nt IS Lha Ra vis9d.GM8 Wash ingten 81.24, el soli. TNI$ NCTECE larklE FINALSTEPBEFORE THEFORE-` CLOSURE BALE OF YOUR 4OI4E Yoe have only 20 DAYS From the retarding date 4)1lhisnc4 (o pursue mediation_ DO NOT DELAY. CONTACT A HOUSING COUN- SELOR GRAN ATTORNEY LICENSED IN WASHINGTON NO W Io assess your slue• liar end solar yuu to rerediaiion r1 yrau art aligibIa and it may help you say a ytlurhnerre. Sas below roe safe isourr esal help. SEEl{• !NG ASSIS FAAN"Gt Housing ocura,elcrs and legal assistance -may due available el little or rut oust ha you. If yuu. world 19 a aausisrrr rw indelermiAngyourrlights and opportunities to keep your house, you may contact rhe following: Tne S1a161rit1 a loreclasure hotarte for assistance and roterrel to housing caun- serara reconams ed by the !faulting Fr - mance Common Telephone: Toll -tree' 1.077-f54•HOME 114177.0g4 45631. Web site: hitpl/wlywdll.wa.govreansumereiho- 41 Renee Utley alga Renal Irene Stewert 12:516 North Helena Street Spokane, WA 99210 Unitnewn Spouse 2nd,or IJurneslic Partner of Renee U11ay aka Renee aerie Stewart 13106 North Palomino Large Spa - Ione, WA 89209 Unknown Spouse welter Domestic Parka:eel Ronan Utley aka Renae Rena Stewart 7925 2001 Street West Uni- vac-sty Place, WA9d466 by frith first-class and oerlilled m;ah reluni receipt roqurrs1ed an 05/26115. proof of which is in rhe pos- session of the Trustee; and 4n 45194115 Grantor rind Borrower ware. personally seared with aaiawrinen notice of default or the wrilen notice of admit was pealed on a conspicuous pima on the reef properly described in paragraph I above, end ilea TrValee has possession of peel or such serines orpastir9. VIL The Trustee, whose name tdaddroas are sol lodh below, will pmeide in writing to anyone requesting it a statement of 111 Ca51e end trustee's leas dire at anytime prior to the sale. VIII. Tho effeet €,Fthesalewill beca d..riveithe©ranterend all Mose who hold by, Inaugh 01 under the- Granter heGranter 6f a0.their interest in the Property. IX. Anyone having any abjection to the sate vn any grounds lvhalsoeverwIll be offended an opportunity t0 bQ heard as t8 Mese abjac- lions It they brines lawsuk to restrain the sale pursuant th RC W 61.24.130. Faitura to thing SUeh a lawauil may melt ht a waiver Di any proper grounds ler Invalldabng the Trustees sale. X. NOTICE TO OCCU- PANTS OA TENANTS The purchaser at the Trustees SRIe b ePtnle4 to possession of Iheen:INrty on iha 27,h day-halls/MN the sate, as against the Gnarlier Wide -Me Deed OTTfust [Iha owned and anyone having an artvrest Ianterl171he Deed yr Trist. lrrcludlne occupants who are not tenants. Anel the 20th day tollewlahl the sale the purchaser hasthe right to evict oecupanhs who are not lenants by summary proceedings under Chapter$g_12 BCW. For lanen1-00coufed property. the purchaser Snail provle e a Mil- ani with wriUen notice in aovordancs with RCW et2A_d6O, Theiruetne's r ulesol auc- tie-a ewer be- et:Missed el sews arlhwied. trustee.som and are incorporated by -this mierenoe-You may also access sale status at www narlhwesllrugtee.com an. were. USA-Foreclaaurecom Dete Executed: f�T K Inc„ Trustee' 'SE 96th :,r.- C u11e ,`(41h ®b1iev.IA$9QiEi-O421ac1: vlann(e h1cf11o1 (4 `5$6.1909. Utley, Coll and Renee Ti{S0410.2f]$0(1} 1002-20E1 77•F'rie I O. 6124 4 7/15 T3 e80126 -231i 9•N-H1MAAPN aa6152,1 e02 Reference Numbers 5240753 Aebfavialud Legal: LOT 2; BLK 1, PROSSER ADD. Grantor. Akkard N Batmen and Boved DeLeon, Husband and Wile G anlao: North Oastado Trustee BaryiceS Ins. Original Beneficiary: SAXON MORTGAGE. INC. NOTICE OF TRUSTEES SALE PiJRSU- ANTTO THE REVISED CODE OF WASH. INGTON CHAPTER 61.24 ET SEQ. This Ls en Attemptto4cI ctabentandartyFlIiO(na- deed Of trust. including 904-upante Who. are nal tenants. Atter the 2OIh day fnildwing the safe the purchaser !teethe tight to evict occupants Miaow not tenants by summary proceedings under cheer er 51112 ROW. Far lenanteeerpied Oripe1y, the pirrohauar Shall provide a tenant with written notice in accordance with RCW 61.24.088. To mess sale information, please go to salestradr_ IdciLeern or sagthe automated sates lino at: 8h6-998-6736 Dated: March 17, 2016 North G4ssade Trvsles Services Inc.. Duly Appointed Succesanr Trustee Sy Ahan Tibeells,Authorized u`i.grtatery 601 Second Avenue, Suhe 500 Rennie, Warehlnp!rte 96104 Tel hone 1-@tis-676-5Eh66 TAC: 9936S0 Pue: 96.:4/16; 07115,16 TO: Anyone CEetming a Paternal Internal Except the Mimed Father. Allred Muse 'eau are hereby sni e:Mel there has been Med in the Spokane Col:My Sueeeier Cro:x+wt, Cauuu No.16-7-01713-7 and 16-7-61712-9, a PclIinn for Terminanan ndlhe Patent -Child Relagonshlp between children Vieux Muss brain on August 16, 2012 in Spokane. WA. and Sheila Muse Dom on March t8, 2014 in Spokane, WA, and Anyone Gleirlr<ng a Paternal WOOS! Eraep1the ,R4aged Felber, Allred Muse. Acourt healing on the enamor vrh# bo an August 4.MG, a10'OOam in the Spokane COWnty Jevende Ccuil, 1208 W. Mallon, Spokane, Washington 119201. You have the right la be repre0enled by an attorney. If you cannot .Fforc sal attorney, an attorney will be appointed rot ydu. Your failure 14 appear al 1Ris hearing of wend toInienoticaer1K&eclaim e pateroilyenddr ROW 26.20 may result in a delru It order permaounlly terminating all of your rights to int above-named child. 8124, 711, 71g /0TIDEttrITIDSTEE4 alltEPdrauant br the Revised 'Code al Washington 61.24, et see_ TS No WA-15.644185•SW APN He,; 28023,4093 Trite Order No.. 70037678 REF: !Mien -WA -211286U Deed of Trust G rantar(s}. John L Graenemed,.Callehe F Greenwood deed of Trust GranIeo(t): MORTGAGE ELECTRONIC REGISTRA- TION SYSTEMS INC., AS NOMINEE FOR CHERRY CF„EK fa0RTGAI3E CO., INC. D ead 01 Trust Instrurn ntiRetsuenc trio.: 5784059 I. NOTICE 15 HEREBY GYVEN Thar Quality Loan S,arrina (nrp_ nF Muth - 'ratan, the undersigned Trustee, will an 7129/2016, at 10:00 AM at the -South en- trance of the Spokane County Court- house, 1116W, areadlvey, Spokane, WA sell at public auction Io the hip (hest and Lest bidder, payable in the rem 4t coedit bed or ea4h bid in the form of Cashiehs check a caddied cheeks tram federally nr StAla chartered banks. at the lime el bale the following Iceaiued reel property. situated have ma urlherlecotN16eg 1 the Trustee. the Eenefieisry, the Benefices - nes Agent, or the Berrehraarr's Attorney. IF you haws previously barn discharged ihreugh tarlkruprcy you may have been 104760d of personal liability ler this loan In vdr;chcase Ibis lett rinintendedtoeal0reie the nolo halders right's against Ute real property cin. DUALITY MAY BECONSID- EEREEDO A CERT COLLECTOR ATTEMPT- ING TO GCiLLECT A DEBTAND AHY, IN- FORMATION OBTAINED WILL UE USED FOR THAT PURPOSE As neiered by law. you are hereby netiliod that a negative mem ninon retlactin2 en yaur meat record may be submitted to a credit reportagency rt- you lad to fuI1t11 the terms of your credit obligations. baled: 302,12018 Duality Loan Service Corp 41 Washington, as Trustee 8y: Christine Conitnras, Astdarn Secretary Truetee'e Mailing Address_ Ouelity Loan ▪ e+va'* (;.pre. pi Weefeigtnre O/0 Quality Loan Service Carp. 411 Ivy Sirnel, San fhego,CA E210t ($6$}$4.5-7711 Tnueete'9 Physical Address: Qualify Loan Service Corp. al Washington 108 1 sI AVE South, Salle a02 Sandie, WA 04104 (006) 9:25- 0241 Sara Lino: 4i8.P99.4772 Or LgrgIn tot hetpewe_xluelltytaen_eom T9 Ho.: WA -10•d41 -SW JDSPub .X0103728 5r241201 0 711 51201 6 T 5 No WA65000434- l5- I f4PN 2612'1.1510 TO No 1502E0200 -WA -MSO NOTICE CF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 01 24 ET. $.E0. 1. NOTICE 1$ HERESY GIVEN Val 4n July 22, 2015, 10:00 AM, at the South enhance Spokane County Calrrlrholrse 1115 W Rraarway, Spokane; WA, MTC Financial Inc. aha Trustee Corps, the undersigned Trualae, ✓ .611 sell a1 public auction mum highest and best bidder, payable, in the fond of cash, o r esehrer's check or earthed checks from federally or Slate c11e Bred hanks, et the lune of sale the following aeacnoad reel.: -.gape LuilBclrn-thnL:onnby.al,SptleBne. ._ State of Washing tion, ki wit, LOT $, 9LOCX' 10, THE PETTET TRACT• AS PER PLAT RECORDED IN VOLUME •E' OF' PLATS, PAGE 72, SITUATE IN THE CYTYOFSPQ- KANE, COUNTY CF SPOKAkE, $TATE OF WASHINGTON. APA: 25123.'510 Mare commonly krrawn as 2210 W MISSION AVE, SPOKANE. WA93201-2925 which is subject to !hat certain reed of Trust dated- ea atedea ed December 29, 2004,6reetiiCdq Mi- CHAEL L IirmitSON AND EUSAL HAN SON, H USBAND AND WIFE as Truster(s), to secure abHOVE In lavoral MORTGAGE ELECTRONIC REG1STATFON SYSTEMS, ING-iMER$ ea designated nominee for COUNTRYV DE HOME LOANS, iNC , Den&iriary of the security Instrument, its aucceasasand essignn. recorded Decem- ber 22, 2005 as Instrument NI. 5522450 and the benelllel Interest was assigned to D1lath Financial 4.10 FKA Green Tree Senrieing LLD and recorded May 1 2013 as tnsuumant NornO r 6204293 el Mllctier • V, Clly of Spokane Valley Notice aI Pattie Hearing Pursuant to RGW 35A.63.220 and 343.70A.390, notice Is hereby elven that the Spokane Valley DE ' Daum.] will itndutt a public hearing Tuesday, July 12, 2016, begirvning el &&00 p.m. or =soon thereafter as poasiels, to Nee pabl c input en. the renewal al the Oily's moratorium upon !NI '31.uhanisstion. aeceptarlcs, proceseirg, m001000o6 or approval od ary permit appllicaliorrs or licenses by Dr far mining an:Kok-related mining site operations, such esetravalipn; minewel prattled rnuulutaetur• trig, m;neral processing, stockpiling, and rninerar I:alchang.' This rneratnr®um was adopted pursuant to Crdireence is -0I3 and renewed and amended pursuant to Ordinance 10-003. copies of which are available an the City's watsite at www. spokahevalleyarg. Copies of Ordinance 15-013 and Ordinance 16.3303 are also available upon request 10 the City Clerk_ P ublic input may be made in Dorson ru in waling. All persona wishing to be heard ale invited to attend. Written comments should to submitted to the City Clerk end must be received prierto 5-00 p.m. Judy 12, 2016-.Theeubllc hearing wlllbehetdln City Council Chambers, 11707 East S un Avenue, SpokaneVaFey, WA.S92O4. After 1be pu80C testimony portion. of Nb bearing h es ended, the City Council Mil deliberate and cm -wider renewal anSor modification of Pia moratorium. which may be based an eemmenls made by members el the prrhfrc, City staff, Or Council members_ The prapersed'rloratorium ordinance may then be edepied with 91 without modifications. NOTICE Individuate planning to attend the mooting woo require special assistance to accommodate physical. healing, 0t Other impairments, please contacl the City Clark at (5O9) 921- MCC as soon as possafo so Mar arrangements may be made. Christine Bainbridge, MMC Spokane Valley City Clerk P.yybgsh Dates: June 241 and 4uly.1 and Foe Na.. Trralee: 7042.15862 Neremyeat Tames Services, Int. -Glamors: Michael T Lep'kmYw and Lora+KI-epleowicr, husband and wile Grantee: Wed, Financial LLC Ike Green Trea Servicing LLC Rollo DOT Auditor Flo No.: 5606180 Tax ,enrol IC Na: 25350.1321 Abnteve16d Apt PTh L OT 5, a LK. 44, Ell vii. PART[ AI 0t- VOL I , Pc 48, SFQK.A5E Lit., WA, Nvtioa of Trusteo's Sale Pursuant to the Revised Cade el Ve4rehirsgtorr 61 244, et esq. THfS NCTlcE IS THE FINAL STEP BEx'OIiE THE FORECLOSURE SALE OF YOUR HOME Moe have wily 26 DAYS Irani Iha recording• dale of Ibis notice to pursue neneafon- ©0 NOT DELAY. CONTACT A . -.h•. II- ,. Ju 22 2010_Thadelei fl(s) is entitled to p08 pion of the property a1 the 20th day ft8ewing the.sa;le. as egaitsal the Greri1arrurtder the Deed of Trot (Use awning a rid anyme having or lntcresll Junior to the Deed at Trust, including a cupants who are not tenants- After the 201h day fel- lowing the sale the purchaser has the tight tt MEd Or-eop0Dt5 Wee are not tenants by E ummauy proceedings under Chapter 50.12 RCW. For Ionare-occueled properly, the purchaser shall provide aten ent kith written noose in accordance wills RCW 01.24.1}80. The trustee's rules of auction may be ac- cessed scessed al www.northeresltruslee.corn and armineenooratee by mis relerenci, You may 0100 abbes6 Sale slalus at wwwv.nonhvrest- trusiee.00m and www.USA-Foreolasure. can Date Executed= Northwest Trusties Saila:mt, Ire., Tnrs1 oe Aulhbhtxsd Signabrro 135.55 SE96th St. Suite 103 Bellevue, WA 98006 Contact: Nand Lambert (425) 506- 1000. Lepkewies, Mlchasl T and Lona K (TSO -7042:15862) 1002_205,613 -Fee No. et24 & 7/1 S NOTICE TO CREOITOFtG SUPERIOR COURT, STATE CF WASHINGTON, COUNTY OF SPOKANE No. 10-9-00371-4 In tan Matter at the Esfola ai WILMA M. FROMAN, Deceased. The Personal Atpre40EtlaiiVa named balm has been appeFnlii'd-as personal repdesantative of m10 0118te. AAy per"..tf4 having a claim against the decedent muxi, bodoaa the erre the cdeIm would he nomad ay any ciehen Iia applcrble stattete of Irni- latiens, pailsem maclaim 1n the manner 55 pnwi44ad in. RCW 11 .40.070 by serving an or Itlailfng to the personal represenlellyo Or MO porsenel representative's attorney, at the address slated below, a copy 01 the daim and fling the orlglnai of the chilm with the Spokane Gaunty 8uperiar Ceu., 1118 W. Medway, Spokane, WA 99250-02511. Tho Beim must be pfenenled w;lhin the !ajar cit (1l Thirty days alter the personail repreemntatlerrseaved-w mailed theme Ice fn qhs etediter as provided under RCW 11.49.624(3); or (21i lour months after the dam 4f first pkbldobtlon of tho notice. 11 the Balm Is not presented within this erne frau*, the claim Is lovaver barred, except ea ellieneioa Needed In RGW 11.40_051 . and 11.40.060. The bar is elective as to -clii1110 Vim riot tea the deeectenle prabntc Bald nonipWbate ascots. DATE Of FIRST PLJEIL!CATION: en24f16 PERSONAL REPRESENTATIVE: LINDA le FROMAM ATTORNEY FOR PERSONAL FEPRE• RENTATIVF1FICt1AFl•1E.RILL FRAN W89A 9230 ADDRESS FOR MAILING DR SERVICE: 201 W. Pr -enol Spokane, WA 99205 0:4, 7/1, 7/8 alley New* herald 17• er24. T'1,71,3 .. .' Truat.fle: e295.2oa$4 Nertllwawl Sento', int. Gran:ors: Cameron on. 5 single pereen ©ranter': Nome- Sark Rol 1w COT Aud'tu: Filo Ni:.: .Z ax Psnrcel ICT No,: 45Da0-0421 'e10d Logo!: LT 15 b $Il2 OF LT 15. VALLEY VISTA, A SJ$GIV OF za5 $ S r2 DF TRACT Qom, OF, 1 NI Tr_ VOL X. PG 1, 5ROKA NE GO., Ice 41 T¢v#ee's $ale Pumuentto the d Cede el Waehk,aten 81, 24, e l seq. GRECL,OSIURE NAL ALE OF HEMP You h eve Only 20 DAYS kohl arcing dela al bile notice ro pursue Ica. DO MOT DELAY. CONTACT A NCI COLINSELOFi OR AN ATTOR- ICENSED IN YIASI1NGTON NOW ass Sour eteaLlen and reier you Ltr 1019 708 a re eligible and it may help rhe your h5ma.. She bek7N 10/ 360 a of harp. SEEKING ASSISTANCE 1g odUrealors and legal aesists rice a tameable ai Il111e or no 0051 to you. would Vie aSSi9lance,n 115InrTml'Ing ghts seri apProitunldes ro keep your You may cc, HAW Ihd LaLPw1rc The Ide'u roti'. surer hotline for aslslran❑e 'Masi re housing 40ur39d16r5 Moon, At by the Hong rig Finance G41-er5- r1eonene;Toll-lT 1.677-334•HC'ME '-0p4•41963t. Web add htipcavnt'w.dh. viumsurnBreheatr bwriar,ship+p❑st_ :ssr' earrtsslors_I❑redosur,e.hen The ! Steles Ooperhtlenl of Housing And 1 Jeselcpmeini Telephone: TCli-tee: -5e 9.428. Web alba: htlp:Mwiee hud. I rmys.'hsg/e1hrhocilof rx0ex.dm1lvebl ori s1,n•r 116 sdurehelehmVPAEb11ar5 "1,11 yl r;,alcR crag regal 0ti hodloe r.:0 nd n:lq"els l6 alder housing 911J n,olno.% TeleP11 115: T 1k 1-JOU•r06•eb•9- Web silo: h1153:+i Frida . Jul 1, 2016 or 5:eie 1)n:11*.,eren bitnl9tl. 7L'h, smc 01 tent M E'JA 4 Ort-:`.tl 0, T111r:1 u!a1,1h50r11j: onirsnee 01111e Sp.71rerlo Caunrtr Caur1- aerie iiia railerengde0FrLied teal pTPsrty iriFITGAGE E1,ECTf0Nlc REEIS111A ri5 a .117 . Ergedlvre`rlgrpaSler oas alhreted In Ilse Cownly oe Spoil17. trate -RCS SYSTEMS, iN G. [MERS% AS Nona- L•,dder„ oak, au Iii Ire lane o! craspr bider re' Wording11aan',to.wlh LOT a, BLB{=KG3, NEE FOR GN MORTCxAGE, LLC_, A OlyMaP4Ma,eYnit�y 4YOLVERTCfhiNVP GOh Lisa g15 70rf'CN, WISCONSIN LIMITED LIA161LfT r c0M sank bill In the tuna, ❑4 cosheree she* er AS PM PLAT Recd IUrD 161 V4etME PAW( peed wf Tent Ire:n,mcnVRe'e lents certdled 0hacka irom reL^eralry ar titerte NallOe 41 Public ISepring 15` QF PLATS, FACIE 59, 5tECOF1O5 No.: 016T5 3. 1. NOTICE IS HEREBY chanercd he•..ke, sl the lim�peLedf sale 1111 purament to ROW 35A 49-25 and. ❑K SPOKANE OUNT'fi SITUATE IN GIVEN rinser the undo ee Trv�tee�'BM - bib CgenSy rSPD'KANclnecribed real E,SlaterullWaoh- s671inn ey Elly CouncilIrojll samara n Met !he THE ¢IVY OF Sh01{iF COUNTY OF r I 120 Ingtoh.ro.wt: THE NORTH RALF uFLOT a putne hearing Tuteday, July 12, 9410, SPdiSAfiE, STATE C7E WAEliIliCTOR. en rance 9 01 SRAM Akt rt line Chid' P.PN:35'J6l TO5 Morn,06mmonly..740:5 drilrencbelthe 9p❑knneCoun9yCour.* S, II1.0lC1{ 45, LINCOLN HEIGHTS. AS gRgimlr,gak6:QOP-mcresgGlnimeraaher as 9011 N OMICINNAT. ST, S-PO!tAtlE, hc0es, It1OW. 9rOCAxrey,SP nn°• WA WA PLAT "T1'1'ERCIF NEC C71HL7 f3 IN i13 p S,hl4, lG i'5C 1r@ pubiciipM CKe1f•e WA 9920T Whitt Ls mitten! Mc Inst ei rutin 5011.11pubtioet.Vcll1r tolnonigh= 9ndbest VOLUME "L" OF PLATS. PAGE{S) 96; renewal ❑I the Clly'a mcralcnurn upon Deed i1 Truer dated se e1 September Lam, hlddsr, Payable n the k:',rri ti ore d1I hid er SITUATE Ik THE CL3Y OF SPOKANE, The ',slain adore, scsus tmrtca, piocs ilr- g. 5'007, exes'-ied by JOSHUA C SMITH Dash bkd Irl Ilya 1o'm CI tas1l8ra check or COLIN'TY OF 'SPOKANE, STATE OF mmdifie SlSn 09 app 180 Iof any lase Yell AND ameeR M SMITH, HUSBAND AND teamed shocks from {oddr6itfe ar Stale wASHINGT'ON.Maencrrrmcnly I`rla*'naQ eppllenNan5,'r licenses by or kir mining WIFE as Tnester(al, go secure seelogjstons chartered basks, st Ihr time 41 Aare the N821 E 316T AVENUE, sPCKANE. WA endear related mfneigaIleoperallorm,such l'i lawn of WASHiNGdiQN TRUST SANK le 'ceding deserlbsd real prtoefLy, stlueted gied23 which Is subjedt to Mid cameo Deed ee exca',<allun,mlrl8relproduct manufactvr- e6 s'Iglnal b5Fl8iicia7 r�siorbad OciohP'O ar indieCeunly nl6LShNE,Srale olrl+ash- al Trust dales 2113112012_ recorded Tog, ,r,lrersl recessing, soackplIng, ani 2, 2067 as Il trtrmeni hl.- 597520m:too Frisson, Ire-wR: Lot G, lints 8. UnaLelar alrZ012, under 6959194reo❑rde oI gED- miiw5l hp'sfi:ng." Tits rnora,orium 'was benalldel rnnTlSst was awignad La BANK Ind AddltIon, Recording o0 the Pial re- KANE County, Waeh4lgroLi, tram DWG, adopted pumped Is 0ndlnence 15.013 OF AMERICA. NJ4.andrax70rdedMarch3, corded In Volume 13 of Prato. Page* 7$ LAS R. BENSON, MARRIED, AS 1115 end renewed rind amended. pursuant 10 t?C114 as Inslnument Number 52$81 4 of VI- And 71 In i he City o SPeknne, Spokane SERARA-rE PROPERTY, ac Gla!,tcrill. t0 Ordinance t 6,-W.3,Copies o f winch Are IlSler records In ineOtilee al the Re=onlerol Calmly, Washington, MOre carnrt0nly tarLAND pRCIFESSiONAL TjSL,L. LLC, as available do ire CI:Y'a website wenv. SfdaoneCounty,WarshOgren-IL•Neaaicrn known es: 1304 E BISMARK AVENUE. Tltyles.r50Lecu•,.OnealigWWI ravbrsr apakeneuclley,ura. Caples al Ordinance commerroedtty'them<oFA,ME:RICA.N.A.. SPOKANE; wAgBR07whkh.o0 UJacto meRTSA51 ELECTRONIC I�0ISTFIA 15.1113 end b' nanco 16-Cl03 are CWein URS Cr, rem Seneflclary 01 the Deed of Truer TION SYSTEMS, INC.. 745 NOMINEE ova ratio rlxrn 4 5 now pending Ic Reek lagslec¢em 01 the abl,galAin iii srryCourt bymmon P! Iter Bar- r❑we rs' orGnnntera' d@tault on I hri ob118aI Tan secured by the Dela of Trust'Mricrtaa95. CPrrenl Berteleaary: BANK OF AMERICA, N.A.Censer Phone N4; 900-aea.8867 Address; 71+=5 Carpet -ea inns, Building 0, Plano, Th 781124 ill, The dersu11�1) +1)r shish chis I0 aclaeure ,s mode !Snare 8S lol'awa". FAILURE I(O FAY WHEN DLJE THE PQLLDWINL AMCIUNYS WHICH ARE NOW iN ARREARS: CELDADUENT PpyMENT r4FORMATIDN From Clctaoer 1, 2014 To Muth 21. 5IJ1t Numaer of Payments ®'3715.10 10 $724.49 Total 512.971,50 LATE CHARGE rN FQRMA11C N October 1. 2014 March 21 2015 y12&.54 p'RCN0S OFty NOTE IN! MATII"I Neon Dated: Seplembd r Z5, 211177 Nara 4it'ou t 5g 9,5500.176IMnerasl Paid Toy June 1, aoi-o Nevi Due Dale: 0vt5her 1, 2011 W. The eLm esInD r5n Ing tl'nll9elon scoured by the Ned el Trust Is: j' he Rrincpel sum nl $94,'025,27, Iagflther TAIh interest as ghce..,-_N.h.u-clear, I. On July 29, provided in th5 Note dr other iheb'11mr551 a 1 rJO Jit. r.elde$IA mail lobby 01 setnred. and at�h utheransl5 And lees as poL n-- G wnly CGU1J9IUie, 111N W. are due ur.drlrthe Nota wr other instrument Tway Ao5nua in She Elly 01 Spokane mewed, and as ere provided ley aatulA V. nl Washington, Iiia undersigned The above described real Woowrly will bo 4e lsubl°al roomy 05r1di",IPre irr,p5sad s61d 11) ealfely 1t'a 0420loe 01 sale and the atrue(e9) Yrlil Sell al p DIiO 8UE1I0" 14 ohIk,511on Secured 4Y the Deed 01 Trua1 as Oast and beat bidder, payedaMi p le, 119e looming desoribde seal pru - without vusrranty. aesressed ar irrplsd, rG- reperty'. shuffled In the Counlylssl Deeding tele 24pooaea€ n Of encumbrances bale d 71)lra1e, Stele of rlreshngtt•n= Lag 15 0n July 28, he South honor L1)116, t3Iock3, ►'allay to In PerAgraph 111 MBA LA cured hL' July e su1rtl+ISIcn 51 Traci 213$ aro the 15. 2016,111 days bolero the sols dale} 10 h hell of Traci 266, ❑ppprtunity, 50 pa, cause a 5dsorilnI8n05 1 the 4ala. The ,�urtiesd k1 aoFibla "7t"' of faints• paps sale will t>e di8 crlkm.wd and to mllnaLod F '1x518 in 1110 City 51 Spokane Volley, at any lime before July 1$, 24t6 111 days 1ty Of Spokane. Stale 01 yyashlrpton. before the serol the dafau44 as 851 ledh In 1rnonly krasrn aa' '.820.Nnrth Fells P8ragmp5 111 is cured ant me Tus18a5r 1 SpokN1R Vaiay. 'ArA 99206 witch is fees andcosis arc va,d. Payment mol 45 3ci la that, berteIn Coad ai Trot dsled fm cash 6r wilh cashiers' ord&r1Uisd cheeky IRT 14, 115 N . On 202, 14, under 7h. 4am a e may 5E'tcrm naiad any 'Poeeway e alter Ile -'s FIW No. 628$2{72, 'SCPlyde rut Minna 'dad DY gtaisI9. said salelws be made that 08ne1n Deed ❑' Tru at daMS 17-0-464sO4. rs'ojndadIr1u'uss, noel5'.67513icur,d. 0' SPOKANE County,. Waehlnpun, from KATHRYN M EVANS, A RAMIFIED WOM- AN AS HER SEPARATE ESTATE. se Grantne(0), to REGIONAL TRUSTEESER• VICES CORP, es Trustee. l0 secure an IJjeGinior in favor el M0RTGAGE ELEC- TRON IC R EGISTRATfON SYSTEMS, 5, IN C. 'NIERS) AS NOMINEE FOR GN MORT- GAGE, ORT GAGE, LLC.. A 'IYISCONSIN LIMiTEP LJABLLITY COMPANY, .3e. Boleti lc rr,d by benerPLII Nernst 111 wh-ch-..as assts wfORTGAGE ELECTRONIC REG1ST1tA- TICN SYSTEMS, iNft NMEA6) AS NOW NEE FOR GN MORTGAGE. LLC., A WISCONSIN L1TIITEu LIABIL1l1 COM• PANT' ter ny 113 aL1VC96 Url-In-111110301 Amato. esnigna. 1' anti. 10 WILMINc"irTON TRUST COMPANY, AS TRUSTEE TO gage• 111, The de faull(el toe whF.~l, Ihla armorial: '=1e pmysi:'al, hearing, or oilier STRUCTURED ASSET SECURITITE$ Ioniansumolemade leueieas telluric Faiirurel impel nr.IS.pleasc:onsactlneDlyClerk MORTGAGE PASS-TKROUGIi CERT/FI' 10 pay whorl nue the 'allowing amaunis al 1 921.1030 es sC{n as possible so CATFS, SERIES 255$-1X3. 11 rvo ac'Inn high are now In arrears' $11,464.89IV I1r01 ar>a rtlants T:;ry be [rade. nGmmraSc so by the Ben0llkIOn cl the Gael The Sum ori cn the vlAigation aec,urad Chrrall :e eainbddon. MMIC al �..rus is rr0wp8nCing 10 seek nriclac vn tr tie �d 51 Truer Is: The princl{,a1 3081 Spgen-le Salley Dilly ;clod of I`0 obbigelisn in arty Court by reason 01 5i 512Ir,973, 3L asgather vow Interest as Publ,s, pales: June 241 and ,ruly 1 ane the Bo rent 1-'4 or Grsnlore dela o^ 1115. wend dud i:L lin 1650 horn lf14015 an, ane a, 2'413, 441igallon aacur0d by the DeeJ o'• Trust/ sutra r sinal wets end fees es Ars pNr dad Manage. 111, The de8LIll0? 0nr5L'11111¢ by si,rtu:e V. "he above •d rbed "RAI krectosereISmad@Is'area5lo'frn:3Fai'ure pr wlphPgeldlo5ahs1yLlieOn*Ilse tG ,pay hail due Lha Iolbwinp amcdnla 08 lair nod the obliostiu:' secured by 1110 wilier, ere now In @rears 117'„880.13 IV, De56 o1 TruOl0S prdwr3ed by stable. Said The gum, awing on the obligation secured sale will be made without wnrrAnly, 551. by th0 Deed 51 Trusl w: The pdnnlpal awn presseP a ir11p tad, regarding 11lie, p❑5583- dl $51,468.69, together with interest as von or oncl,mhranovs on Jr¢F101fi. Tins providednIhw1l{teIrcn1210l2614Vn,end dS uearpl[xedpinI�agr�lh111mualba S•,rh, xhnr costs ane lase as are prow dad teed by 7 0164,1 d8ys bsrere the sere by 810010158. V. The above -d seed bed real,pdmuse adlscoribrinanteorthe gale • properly will re sold to satisfy the eHpenee Tose sale r' II 115 dlaeahllnL050 and 15111'3' re sale and the cit •Ii 81i0n secured by 111. nod hf aL eery 585.5 he Ore 7125r2D16 {11 Deed 61 -Rumps provided try Mature. Beid Nye bafrrsyle sold}rhe detb1)'4 as net lean sale will be made M111au1 werranly, ex• in Paragraph 161 is cured and mite Trustee's pressed sr broiled. regarding Ills, passes- lees and coals are pad. Payment meal ba Marl Gr 5nnumbrsaa5 4i r.oni16. The In t5:ah b r wllh CdB11iearis er c5nilled chr'PirU dialau lr.r5ler ed td In P$mgrap7llf must he Lro,n a Siebe or IRdarally ctlarSarad ban+ tared by T 015 111 days 17a-0 re toe 581°.5 Thb sale may be tarrltnaled Any Irma alter dale) la UMW d sncmUrwarlce pita gale. toe 712512016 (11 days bolero th 5 afire dale/ Th® sale nil be dieconl5tued ane fermi• and baltre rhe ae15, 0y Rhe Renewer cr nabed A al any Sets beicre 711612419 111 aranlgrortne'ho18r0falry raoordOdrunfar days b5P0re the se. e) Iva d 9leult e.5 eel Farb" lien 1)r 8nc0mbrencAby paying the pru"c+Par in Po,dgrapll 111 la Lured and the TruSt54'9 gad inLemSst, IBUSa88L9,fee.5 sold ad.enoes. lees a^105515 are Rei. Qaymeel 1lU31 ba 11 any, made pur5ua1t 15 51 8 1511115 aI Nee ii rssh cr 115 cashes/$.85 certiied cnACke obligator% anddror Deed orfars7, and 0u0n0 1mm a Slat@ or fixeren? chartered Dant. L1 05851 delaulls. V1. A *Atter! Natic5 al The sap maybe laminated any lime 11111 Oeleu 1181188lransrlItted 117 the BenellCiare -he 7�J51tOi1(it Jaya b5Iere Inn solocale? 4r Tnesice to Ila B0rra1@r and Grantor al end b9L,ne the seta, by lea Borrower ..cr The 'sowing address( es )' NAME DO1Jo- Or:nti'drIhah5ldsao1aI1 15 ordedlurvr LAS 1, BENSON, MARRIED, AS NIS lien ad ncumbrannehYPF1410 thA Pi nuGN SEPARATE PROPERTY AlX5 E56 3828 and In185801, p5u8eOmms,lees and elvano5a E 91� AVENUE, SPOKANE, WA 90222 11 Ary, made pulsvaml 10 the }Arms al the by SOih `Fsl Class And oartilled ma11, pmol ob11patro"andldrDeed UTrust, andcurarlg ofwhithSsInthepesaeasi01101lite TrUolBS: all other 8e18L1l19, VI. A wdllen N0uiso 11 and lh@RvrroLwlrand Grsr0.ervikre person - 42118 Oounty, Wars111ngi0n, Item Carrs- the July 1B, 26111 (11 days lleiora the sale 1 W. T01.111011, a single person. 85 dale) amd before the sale. by the BurrOw'9r 1xx, LO FToellty Volk oil Idle Insurance 0r Gr5rltar ar Ile holder a: any reoerded pare', as Truistee,10 ap{yr5 55 chi:an, polar ler or eneumoranoe by pawing 1ho "Oeltpatior• in favor GI Mortgage principal and interest. ells coals, law and 11-cninPepllro".laf1aS58i15mo,Pie. solely ad, emcee, If any. Inas@ 1ursusnl to ms rumineelowHar81IrseiBank,nasus- terms orrheobligation andlerDeed orTru El. 1414 and asei,Tns, as SeriSllclary, the YI.A Iron Rh Nuics 1)r Dere.h Has ;nnbml't- enclallnla55linwniehwss »saprod b'/ led by the tortoni - l8' 01ldary, BANK OF lgegeEiSNre-iePe,gielrationSyMI@ms. AMIERIGA, N,A.orTrustee 'uthe 130rrewrlr ('PtAERS ,, es designated. no'rinee for and Gramm. at ate I❑Il0rrring aides as): na61ree1 Ban11, banehciary o1 she tel- ADDRESS A1.41Ea 00 „MTTH 3011 N IN- irtelrum ani. OA gE,C00B561's and a0MtgnC GINMATI ST s1'OKANE, WA 592D7-0L1a ) iemeSlreet$ent.under an Assignment/ Jr51-1U/• C ;&AR4 9011 N C!JCINNATI 4gssive hasrl7rlF OMS record0d Under. ST. SPOKANE, '.VA 9 5 2 07-105 40 by both fades Pl5eNo. 639B�4. `The Tax Parcel limitclase enc re -MEd wail ca OCi0ber 13, fY eh served, if epplloaldS, with said lvrlidan lumber and Abbravlalad Legal Opsonb- 2D15, prone 0' whis* LR in the p30sess1Ch Df D8IT.,1 w15 1r011EITihed b3' 1110 3an,Rntla al eh se of DSleult or the woken ld v.ntl 0! ars p,avi 15d 501811 t0 Damply *Oh the the Tnasttre: a,' d'.he 6crrcw?' and :1•.anldr Ora rn1,winothe addr�t ea l and NGrantor • ilusoe 113was stall rth woken Ko to 1 011188 5r54Ulaa aril are not kutemdtld ID 81815 pgrr,e Helly sowed, 11 4tp108hle, w in 9 lemma 51, amerryorsuperaede 1ha said wFallon1FslIoe41DMMAuacrllrew"b85 RYN11etirmS,AMAO HIED VOOMAFNAS X11,ar 4pt5115 ycasc+ibedtnPare9n'P1i 'perry,5 purl legal dsooriplinn provided 11kdic al00101J11was posted inaeon spiry HER$tPARATE ESTATEAODFIFS110'4 IAOG+re.andtheTrustee hespasm01015n41 ern, 11. rap a0Yon catmn@r,c5C by tea Rus Place en the reel property c5iLhbcd In E B ISMAR E ,AVENUE SPPI:ANE, WF proal of ouch Sr'N e w p0$(Iry1. ThRaS r0- i9°i0iery 01 the Dead 51 Trust IS riga paragraph I L1'00u,a. and 4881 Trusle5 has 5882587 by cuthikslc-ass and00'lilledm5h,q�remenlswere�lplRledasar1t1f2N1�1415 851818 t4 seek satlaFact8n o1 Iiia Outgo, pea5ees7Pn al prnol o' etch ser., ice CI plod at o18cl 15 in the cc:;�as 650 or the ,viii -tnuTrtadSewhaa9 name and address I in any :Abney reason el rhaGrsnlor a posting. VIII, TnuT. n/stns o1r s0 name and TmaLsn; ervdlhaB1)n0Y wig dGrunlC'were are $et forth Weer wf 1 proside 111 wnlin8 tc it e.0 In palsrhelyaerted 11arrplicabi,NY111odul anyone nagqussliog0,astdLW11Sn1°talicasts R s - ....,__—.........Ai.... t4 any l.. VII. Th a eTec1 e.1 hie sale will In le door*. __� _ w�.�.e r". a.,o m �nW lima iniac to oI C61aUlt w849 3aelad in a COrtSpicu uUa ... ,. _ �_< m•. INET FOR 1550581 to t.ho Cir/ hrANNM4RTQAO.E,LLCBBAHEAfTAGE pubic input n'Ap be mobs In person 4r in HOME LOANS, BENEFICIARY OF THE xr,il,g. bII Persona Melli1 to be hoard 5ECUaITY isiSTIIUMENT. 1T5 BUGS- are mired IP 8G'end. WrlIIen comments sons Alm ASSIGNS, e.5 beneficiary, o a^Gdclr l 1111518111 m which wasas5l 115d b5 MORTGAGE E ELECTRONIIC REdISTirTA- TrONSYSTEMS, INC., AS NOMINEE FOR MANN 1AOEITG AGI LLC DOA HERITAGE H OME LOANS, EE'HEFICirARY.E F THE SEOURiTY INSTRUMENT, ITS SUCCES- SORS AND AS81CiNS Iur by Ire suooe5- 5nrs•in•Irlleredt en5fOr eaalgne. i1 allyl, 10 Wee Forgo Sank, NA, 11 No adi10e8 cote• mewed byline. Bon0Elclar3' of tree Gleed of Trust Is now pending 1a seek sailsieetion or the el:llgelbon In any Court by reseor 01the eorrawee s 1)r Gra nbaih elelaul I an eine cbli- graticn seaweed by 188 Coed of Truslrhl4rl- should he sudmrnetl to am city G ark And must ee received Oar 11)5.00 p.re.. ny 1E. 010, The pwol nhearing tells be Ys'din City Doing! 5di Chembere. 11707 Bae' Sprague Are"nue.S5Dl0neValley, WA, 915 0E. Abet the alliin 150117151111 p015011 of the heanne has o maetl, the 'City Curios I •M'1 deliberate arra swafder renewal mediae rnodticadol al eke r1:iatodum, which 1 on of the ed on c❑n51rle^11B made 0y Public . Icy staff, or tatelmenfaera, '-ho proposed nloraocoum ordinance may mon be adupled Nr111 of 141110111 rr.9dlilsallena. NOTIrE'. Individuals planri ng bs *Melte meeting mho requiem 5.,731 asslMpue la Borrower's Bre lanf 411fka ll. Thericn el' wrung i are Rel lora es1110 ',u prevl >3d'by fine laced 01 T•uaL ITh Bartel' iI55 r 0 slaw manl 1 Con NOliaeal Defa1)a aria 05 1wnN4dca and leas due 18 1157 58 5 prim la the aala. ADVERTISEMENT FOR BIDS On OF SPOKANE VALLEY PUPUC WORKS DEPARTMENT BID 111541.82 PINES 1113 {SR 271 dI MIRABEAU PARKWAY INTERBECnd1N, PRtx!ECr hlolJce IS a ermhy (pan that 1he Div 01 sbo- Kane lie 110y', 7?*Sine Cairn 1y, WaertnglLn wll a 0001. sealed bids '0" the Pinel Rd ISR Z71 4 1 lrabNiu barkv9Ly ,niarSOChon Prela'1 Trio project work I^cludea'aurlde- dun 11518 aria 5 50wr518 demd,l.n; signal IoundSllanr, wah>cle JuiOclior Icop. 15015 and Epnainyelern Irylar'0i0n, ncrtirlm5lva demaerw!, sysl8erf i..n 91an11cn; sidewaht and Curb', pgraAm8, ITS conn eche a work; storm drain r.ak: pavement pad: fling: pavement leading and eiher relotad work. Ospiesalthe hiOpnokSl1551udlflg:speuilko, 1i0na endplays may. beabfein5dln FOR 'cr- eak al vr- e kat ww,+,.cilyobpokanevallerplAnn m. t}m. Te be added l❑ the nem -odor's psi, Olddera abet doW58@d project Iles er Pu r• cha/e henicppy dosornenls. Any addenda le 5,81 pr6lett will e4 ward only 10 thcOC f shed on Mu www.chyoreprikenavolanglenroam 0pm F'gnholdeds h The. e Psohaldr's List isals❑ 5n+aila,bl8Lils81 thio 8511505'8- For further lnfermallan. eorlect Lore Lariolais al Iletivlai@a seelteriSvarlOy.8 rg 0r (B 1 720-SOt7Bf.+o•rd8ylhredg ee c a.m. La 5;04 p. m - All bids must be aalxmpenlSS by a 415 de9o8.r4 in 1115 loam pram—rely bond. postal mGr155 aider, cash, 55551 '5 dl81oh. a- Cant. 1eddletkInan alra115 wool is °a•1) percuiri I5%) cf the amans,l er the hid proposed Fa lura In I urnloh a bid bond ir. corn plFance veil? Ihs Gripes bid depose ears/ bond f©rrn shall make the bed nen-reippon81VR end Nivea the bid to be r001501 Ridv!MINI besutr1151ed h sealed enwel tea CITY OF SPOKANE VALLEY Request far Council Action Meeting Date: July 12, 2016 Department Director Approval: IZI Check all that apply: consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Fallowing Vouchers: VOUCHER LIST VOt: ;I1 :.R N1 i -I1 ERS 06/2 [ 12016 06/2312016 06124/2016 (1(7/2912016 #001 - C:tuc rail Fund 001.01] .1Jtirii._> 1 1 001 ,013.000.513. 001.013.015.515, 001.01 6.000. 001.018.013.513. 001.018.014.514. 001.018.016.518. 001.032.000. 001.058.050.558. 001.058.051.558. 001.058.055.558. 001.058.056.558. 001.058.057.558 001.076.000.576. 001.076.300.576. 001.076.3 01.5 71. 001.076.3 02.37 6. 001.076.304.575. 001.076.305,571. 001.090.000.511. 001.090.000.514, 001.090.000.517. 001.090.000.518. 001.090.000.519. 001.090.000.540. 001.090.000.550. 00 1.090.000.560. 001.090.000.594. 001.090.000.595. 7,1:~lailation t;l $ $22l] ' X6 $2 :l }2. i $616,831.71 $8,105.33 GRANT) TOTAL: $719,670.65 ] asci 1Vunrl-'crs foul l"4 t r"11ilL.11 City ilanager Lega 1 Public Safety Deputy City Manager Finance [human Resources Public Works CED - Administration CED - Economic Development CED - Development Services -Engineering CEI) Development Services -Planning CED - Building Parks &. Rec-Administration Parks & Ree -Maintenance Parks & Rec-Recreation Parks & Rec- Aquatics Parks & Rec- Senior Center Parks & Rec-CenterPlace General Gov't- Council related General Gov't -Finance related General Gov't -Employee supply General Gov't- Centralized Services General Gov't -Other Services General Gov't -Transportation General Gov't -Natural & Economic General Gov't -Social Services General Gov't -Capital Outlay General Gov't -Pavement ?reser, id on Voucher Li Other Funds l ( 1 - Slrccl, Fund I 03 Paths .&.']'ails 105 -- Hotel/Motel Tax 106 - Solid 'Waste 120 - CentcrPlace Operating Reserve 12I- Service Level Stabilization Reserve 122 - Winter Weather Reserve 123 - Civil Facilities Replacement 204 Debt Service 301 - REET 1 Capital Projects 302 - REET 2 Capital Projects 303 - Street Capital Projects 309 - Parks Capital Grants 310- Civic Bldg Capital Projects 311 - Pavement Preservation 312 - Capital Reserve 402 - Storrnwater Man agemelit o-11:13 Aquifce''r.lic•ctinn Area 501Ktntal & Replacement 502 - R14: \1aim,_LL! rnent RECOMMENDED ACTION OR MOTION: M ivc to approve attached list of claim vouchers. [Approved as park c1 the Con ent Agenda, or may be removed and discussed separately.] STAFF CONTACT` Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 06/21/2016 8:26:15AM Spokane Valley Bank code: apbank Voucher ❑ate Vendor Invoice Fund/Dept Description/Account Amount 5504 6/20/2016 002227 fDAFHO TAX COMMISSION Sen67697 001.231.50.03 IDAHO STATE TAX BASE: PAYMENT 1,617.67 Total : 1,€17.667 5517 6/20/2016 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben67699 001.231.14.00 401A: PAYMENT 37,474.12 Total : 37,474.12 5518 6/20/2016 000682 EFTPS Ben67701 001.231.11.00 FEDERAL TAXES: PAYMENT 46,092.31 Total : 46,092.61 5521 6/20/2016 000145 VANTAGEPOINT TRANSFER AGENTS, 457 Pt/ Ben67703 001.231.18.00 457 DEFERRED COMPENSATION: PAYI 7,086.46 Total : 7,086,46 4 Vouchers for bank code : apbank Bank total : 92,270.86 4 Vouchers in this report Total vouchers : 92,270.86 Page: 1 vchlist 0612312016 1:33:20PM Voucher List Spokane Valley Page: Bank code ; pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 6653 6/23/2016 005089 AKERS, STAN & HOLLEY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY P1 75.00 Total : 75.00 6654 6/23/2016 005003 BARZEE, CHRISTINE PARKS REFUND 001.237.10.99 REFUND: SUMMER DAY CAMP 108.00 Total : 108.00 6655 6/23/2016 005090 CHAPLYGIN, ALEX PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 204.75 Total : 204.75 6656 W23/2016 005091 CHAPMAN, WENDY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES 75.00 Total : 75.00 6657 6123/2016 005092 CONTINEO INC PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 210.00 Total : 210.00 6658 6/23/2016 005093 DCKKEN, CHAD PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6659 6/23/2016 005094 EDMONDS, CHRISTINE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MtRABEAU ME, 75.00 Total : 75.00 6660 6/23/2016 005095 EHLERT, DEBORA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 300.00 Total : 300.00 6661 6123/2016 005096 ELLER-DOUGHTY, MICHELLE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME) 75.00 Total : 75.00 6662 6/23/2016 005097 GARCIA, BARBARA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: TERRACE VIEV 75.00 Total : 75.00 6663 6/2312016 005098 HILL, CHRISTINA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6664 6/2312016 005099 HUFFMAN, JESSICA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: EDGECLIFF PA 75.00 Total : 75.00 6665 6/23/2016 005100 JONES, AMY PARKS REFUND 001.237.10.99 REFUND: SUMMER DAY CAMP 30.00 Page: _� vchlist 0612312016 1:33:20PM Voucher List Spokane Valley Pager —2 Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 6665 6/23/2016 005100 005100 JONES, AMY (Continued) Total : 30.00 6666 6/23/2016 005101 KELLOGG, TOM PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY P1 75.00 Total : 75.00 6667 6/23/2016 004373 MILLIRON, BETH PARKS REFUND 001.237.10.99 DEPOSIT REFUND: BROWNS PARI' 75,00 Total : 75.00 6668 6/23/2016 003413 NORTHWEST GYMNASTICS ASSN PARKS REFUND 001 237 10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6669 6/23/2016 005102 PEOPLE TO PEOPLE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: AUDITORIUM 52.00 Total : 52.00 6670 6/23/2016 005103 PESSEIN, LINDY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES 75.00 Total : 75.00 6671 6/23/2016 005104 POPOV, SERGIU PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 250.00 Total : 250.00 6672 6/23/2016 004270 PRIMAKOVA, DARYA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME/ 75.00 Total : 75.00 6673 6/23/2016 005105 SUSENS, CHERI PARKS REFUND 001.237.10.99 REFUND: SUMMER DAY CAMP 108.00 Total : 108.00 6674 6/23/2016 005106 THOMAS, MELINDA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: SULLIVAN PARI 75.00 Total : 75.00 6675 6/23/2016 005107 TIFFANY, ERICA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: EDGECLIFF PA 75.00 Total : 75.00 6676 6/23/2016 005108 WILLIAMS, CARISSA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Total : 75.00 24 Vouchers for bank code : pk-ref Bank total : 2,462.75 24 Vouchers in this report Total vouchers : 2,462.75 Page: vchlist 0612412016 111:05PM Voucher List Spokane Valley Page:/ -4— Bank code: apbank Voucher Date Vendor Invoice 38678 6/24/2016 000958 AAA SWEEPING LLC 38679 38680 38681 38682 38683 38684 6/24/2016 000648 ABADAN REPROGRAPHICS 6/24/2016 002931 ALL WESTERN INDUSTRIAL SUPPLY 6/24/2016 004046 AMERICAN ONSITE SERVICES 6/24/2016 004278 ARCHITECTS WEST INC 6/24/2016 000444 ARCTIC LIGHTING & ELECTRIC 56030 56031 63385 102827 A-181883 8566 14507 6/24/2016 003337 ARROW CONSTRUCTION SUPPLY INC 173177 Fund/Dept 402.402.000.531 402.402.000.531 303.000.207.595 101.000.000.542 001.076.300.576 313.000.215.594 001.016.000.521 Description/Account Amount STORM DRAIN CLEANING STREET SWEEPING SERVICES Total PRINT SERVICE SUPPLIES: PW Total : Total : PORTABLE RESTROOMS AT PARK: Total : 0215 -CITY HALL DESIGN & CN ADA., Total : REPAIR LIGHTS AT PRECINCT Total : 402.402.000.531 SUPPLIES: PW 173286 101.042.000.542 SUPPLIES: PW 38685 6/24/2016 000918 BLUE RIBBON LINEN SUPPLY INC 9759572 9761547 S0138562 50139654 50139681 38686 6/2412016 000815 BNSF RAILROAD CO 38687 612412016 000904 BRANCH, CAROLBELLE SPOKA 041016 SPOKA 042016 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 001.076.305.575 101.042.000.542 101.042.000.542 EXPENSES 001.018.013.513 Total : LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C LINEN SERVICE AND SUPPLY AT C Total : CROSSING ARM REPAIR CROSSING GATE RE -HUNG & INSF Total 19,383.45 55,973.28 75,356.73 478.23 478.23 237.30 237.30 144.00 144.00 28,306.83 28,306.83 240.00 240.00 5.76 396.99 402.75 172.54 130.35 35.85 45.22 45.94 429.90 54.45 163.36 217.81 EXPENSE REIMBURSEMENT 43.43 Total : 43.43 Page: •�t— vchlist 06/24/2016 1:11:05PM Voucher List Spokane Valley Page:P --2- Bank code : apbank Voucher Date Vendor Invoice 38688 6/24/2016 000101 CDW-G 38689 6124/2016 000322 CENTURYLINK 38690 6/2412016 002572 CINTAS CORPORATION 38691 6/24/2016 003221 CITY OF SPOKANE VALLEY 38692 6124/2016 004437 COMMUNITY ATTRIBUTES INC 38693 6/24/2016 000683 DAVID EVANS & ASSOCIATES 38694 6/24/2016 002604 DELL FINANCIAL SERVICES LLC 38695 6/24/2016 002920 DIRECTV INC 38696 6/24/2016 002385 DKS ASSOCIATES 38697 6124/2016 000999 EASTERN WA ATTORNEY SVC INC DJG3271 DJG9444 JUNE 2016 606189898 606190065 606191180 606/92459 606192624 606193754 606195049 606195218 CIP 0227 1674 377295 78547769 28692454865 0060769 101204 Fund/Dept 001.090.000.518 001.090.000.518 001.076.000.576 101.000.000.542 101.042.000.543 101.000.000.542 101.000.000.542 101.042.000.543 101.000.000.542 101.000.000.542 101.042.000.543 309.000.227.595 001.090.000.513 101.042.000.542 001.090.000.548 101.042.000.543 001.090.000.513 001.013.015.515 Description/Account Amount IT SUPPLIES MEMORY FOR SERVERS Total : 2016 PHONE SVCS: ACCT 509 Z14• Total : SUPPLIES: PW ACCT 2629 SERVICES AT MAINTENANCE SHO SUPPLIES: PW ACCT 2629 SUPPLIES: PW ACCT 2629 SERVICES AT MAINTENANCE SHO SUPPLIES: PW ACCT 2629 SUPPLIES: PW ACCT 2629 SERVICES AT MAINTENANCE SHO Total : SEPA CHECKLIST REVIEW CIP 022 Total : SPOKANE VALLEY TOURISM ANAL Total : SPV TRAFFIC SERVICES 20116-17 Total : COMPUTER LEASE 001-8922117-0C Total : CABLE SERVICE FOR MAINTENAN Total : CONSULTING RE CONTRACT 16-0. Total : PROFESSIONAL SERVICES Total : 103.81 1,245.19 1,349.00 529.46 529.46 91.28 219.84 91.28 91.28 255.95 103.03 91.06 219.84 1,163.56 350.00 350.00 3,162.03 3,162.03 15.130.70 15,130.70 1,049.27 1,049.27 57.99 57.99 7,928.67 7,928.67 45.00 45.00 Page: —2-- vchlist 06/24/2016 1:11:05PM Voucher List Page: Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 38698 6/24/2016 004950 EIGHT31 CONSULTING 1014 38699 6/24/2016 003697 ELECTRIC LIGHTWAVE LLC 13913849 38700 6/24/2016 003682 EPIC LAND SOLUTIONS INC 0516-0614 38701 6/24/2016 004165 EXPRESS SERVICES INC 17387617-8 17416907-8 17450409-2 38702 6/2412016 001447 FREE PRESS PUBLISHING INC 45729 45801 45806 45807 38703 6/24/2016 002568 GRANICUS INC 77690 38704 6/24/2016 000917 GRAYBAR 985286321 985553963 313.000.215.594 PROFESSIONAL SERVICES Total : 001.090.000. 518 SCRAPS INTERNET SERVICE Total : 303.303.123.595 0123 -RW SERVICES 001.032.000.543 EMPLOYMENT SERVICES 001.032.000.543 EMPLOYMENT SERVICES 001.032.000.543 EMPLOYMENT SERVICES 303.000.221.595 001.013.000.513 001.013.000.513 001.013.000.513 LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : Total : 001.011.000.511 MAINTENANCE FOR JULY 2016 Total : 001.090.000.518 COMPUTER HARDWARE 001.090.000.519 SUPPLIES: IT Total : 4,500.00 4,500.00 13,902.08 13,902.08 18,304.50 18,304.50 1,014.00 779.51 665.44 2,458.95 139.20 192.70 29.75 91.80 453.45 777.16 777.16 195.12 111.63 306.75 38705 6124/2016 000321 GREATER SPOKANE INC 109003 001.011.000.511 CEO EXCHANGE AUG 2016 - ROD I 20.00 Total : 20.00 38706 6/24/2016 000002 H & H BUSINESS SYSTEMS INC. 316528 001.058.057.558 COPIER COSTS 20.32 316529 001.058.057.558 COPIER COSTS 2.72 317067 001.013.000.513 COPIER COSTS 243.74 317068 001.013.000.513 COPIER COSTS 33.49 317073 001.013.015.515 COPIER COSTS 73.34 317074 001.013.015.515 COPIER COSTS 22.38 317081 001.058.050.558 COPIER COSTS 203.42 317082 001.058.050.558 COPIER COSTS 32.85 Page: •3--- vchlist 06/24/2016 1:11:05PM L Voucher List Page: —4 -- Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept DescriptionlAccount Amount 38706 6/2412016 000002 H & H BUSINESS SYSTEMS INC. (Continued) 317089 317090 317198 317199 317251 001.018.016.518 001.018.016.518 001.076.000.576 001,076.000.576 001.058.057.558 COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS COPIER COSTS Total : 45.44 9.17 610.72 22.91 6.01 1,326.51 38707 6/24/2016 001728 HP FINANCIAL SERVICES CO 600494861 001.090.000.548 SCHEDULE 572DD016 745.84 Total : 745.84 38708 6/24/2016 000313 INLAND ASPHALT COMPANY INC. PAY APP 5 311.000.188.595 0188-SULLIVAN ST PRES CN CONI 1,854.85 Total : 1,854.85 38709 6/2412016 002810 INLAND NW PARTNERS ASSOC 2016 CONFERENCE 001.011.000.511 SUMMER 2016 CONFERENCE 80.00 Total : 80.00 38710 6/24/2016 005086 IRON MOUNTAIN INC 3901186858 001.058.057.558 DOCUMENT DESTRUCTION 61.61 Total : 61.61 38711 6/24/2016 001635 ISS FACILITY EVENT SERVICES 1044578 001.076.305.575 5/1/16 MONTHLY CLEANING 7,136.00 1044579 001.076.305.575 EVENT SERVICES AT CENTERPLAI 84.28 1054240 001.076.305.575 EVENT SERVICES AT CENTERPLA( 210.70 1054241 001.076.305.575 EVENT SERVICES AT CENTERPLAI 128.81 1054242 001.076.305.575 EVENT SERVICES AT CENTERPLAt 480.84 Total : 8,040.63 38712 6/24/2016 000864 JUB ENGINEERS INC. 0101507 101 042 000.542 2016 TIP MAINTENANCE & UPDATE 9,777.07 Total : 9,777.07 38713 6/24/2016 001944 LANCER LTD 0459602 001.058.057.558 BUSINESS CARDS 54.07 Total : 54.07 38714 6/24/2016 004992 LEADERSHIP SPOKANE 1560 001.058.056.556 TUITION: L BARLOW 2,250.00 Total : 2,250.00 38715 6/24/2016 001130 MPLC 504027973 001.076.305.575 LICENSE FOR NOTION PICTURE 575.70 Page: -4-- vchlist 06/2412016 1:11:05PM Voucher List Spokane Valley Page:L• ---5 Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Descrlptlon/Account Amount 38715 6/24/2016 001130 001130 MPLC (Continued) Total: 575.70 38716 6/24/2016 002203 NAPAAUTO PARTS 737353 101.000.000.542 SUPPLIES FOR MAINTENANCE SH -9.77 738529 101.000.000.542 SUPPLIES FOR MAINTENANCE SH 45.28 Total : 35.51 38717 6124/2016 004850 NAVIA BENEFIT SOLUTIONS, HRA PLAN 10043135 001.018.016.518 FLEX SPENDING ADMINISTRATION 356.00 10045410 001.018.016.518 FLEX SPENDING ADMINISTRATION 360.00 10048223 001.018.016.518 FLEX SPENDING ADMINISTRATION 360.00 10050518 001.018.016.518 FLEX SPENDING ADMINISTRATION 360.00 Total : 1,436.00 38718 6/2412016 000239 NORTHWEST BUSINESS STAMP INC. 97129 001.018.016.518 NAME BADGE 16.85 Total : 16.85 38719 6124/2016 000652 OFFICE DEPOT INC. 1944785162 001.018.014.514 OFFICE SUPPLIES: FINANCE 10.52 843826572002 001.013.015.515 OFFICE SUPPLIES: LEGAL 18.77 844332944001 001.076.301.571 OFFICE SUPPLIES: PARKS 91.61 844889757001 001.013.015.515 OFFICE SUPPLIES: LEGAL 63.79 845573857001 001.090.000.518 VIDEO/AUDIO EQUIPMENT 224.23 Total : 408.92 38720 6124/2016 003587 PACE, ED EXPENSES 001.011.000.511 EXPENSE REIMBURSEMENT 29.16 Total : 29.16 38721 6/24/2016 003653 PARTSMASTER 23028165 101.000.000.542 SUPPLIES: PW 112.45 Total : 112.45 38722 6/2412016 005109 PICTOMETRY INTERNATIONAL CORP 186180 001.058.056.558 LICENSE AGREEMENT 543.50 51036165 001.058.056.558 PICTOMETRY CONNECT 4,554.53 Total : 5,098.03 38723 6124/2016 001860 PLATT ELECTRICAL SUPPLY J597760 001.076.305.575 SUPPLIES FOR CENTERPLACE -44.04 J660682 001.076.305.575 SUPPLIES FOR CENTERPLACE 106.74 Total : 62.70 38724 6124/2016 001089 POE ASPHALT PAVING INC. 44945 101.042.000.542 2016 STREET & STORMWATER MA 61,509.56 44946 101.042.000.542 2916 STREET & STORMWATER MA 72,092.65 Page: �5`� vchlist 06/24/2016 1:11:05PM Voucher List Spokane Valley Page:7 —6 Bank code : apbank Voucher Date Vendor Invoice 38724 6/24/2016 001089 POE ASPHALT PAVING INC. 38725 6/24/2016 000019 PURFECT LOGOS LLC 38726 6/24/2016 000675 RAMAX PRINTING & AWARDS INC 38727 6/24/2016 000153 ROLLER VALLEY 38728 6/24/2016 000415 ROSAUERS FOOD & DRUG CENTER 38729 6/24/2016 002288 SARGENT ENGINEERS INC. 38730 6/24/2016 003231 SHERWIN WILLIAMS COMPANY 38731 6/24/2016 002531 SIX ROBBLEES INC 38732 6/24/2016 001892 SKILLINGS CONNOLLY INC (Continued) 44947 44948 44949 43781 28352 3807 02-712778 03-561887 03-566043 Fund/Dept DescriptionlAccount Amount 101.042.000.542 402.402.000.531 101.042.000.542 402.402.000.531 001.011.000.511 001.076.301.571 001.076.301.571 001.076.301.571 001.076.301.571 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA Total : EMBROIDERY FOR VEST PLAQUE Total : Total : SUMMER DAY CAMP HELD TRIP Total : RECREATION PROGRAM SUPPLIE: RECREATION PROGRAM SUPPLIE: RECREATION PROGRAM SUPPLIE: Total : 30513 101.042.000.542 CONTRACT 16-060 6224-6 5-765233-1 5-765580 5-766049 5-766236 5-766638 9980 38733 6/24/2016 004943 SMARTLITE 155083 101.043.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 101.000.000.542 303.303.141.595 001.076.305.575 Total : SUPPLIES FOR MAINTENANCE Total : MAINTENANCE SUPPLIES: PW MAINTENANCE SUPPLIES: PW MAINTENANCE SUPPLIES: PW MAINTENANCE SUPPLIES: PW MAINTENANCE SUPPLIES: PW Total 0141 -ROW ACQUISITION SVCS Total : 53,607.11 118,685.31 6,215.41 312,110.04 8.70 8.70 114.95 114.95 300.00 300.00 19.98 79.52 26.79 126.29 1,762.62 1,762.62 310.41 310.41 178.27 -100.42 95.87 57.48 -178.27 52.93 2,114.19 2,114.19 ADVERTISING FOR CENTERPLACE 550.00 Page: vchlist 0612412016 1:11:05PM Voucher List Spokane Valley Page: -7 Bank code : apbank Voucher Date Vendor Invoice 38733 6/24/2016 004943 004943 SMARTLITE 38734 6/24/2016 001140 SPECIAL ASPHALT PRODUCTS, INC 38735 6/24/2016 000090 SPOKANE CO INFO SYSTEMS 38736 6/24/2016 000001 SPOKANE CO TREASURER 38737 6/24/2016 000093 SPOKESMAN -REVIEW, THE (Continued) INVC071100 50314370 110100127 453889 38738 6/24/2016 003532 STERICYCLE COMMUNICATION SOLUT 8010353821 38739 6/24/2016 001969 SUNSHINE DISPOSAL 38740 6/24/2016 001472 TESTAMERICA LABORATORIES 38741 6/24/2016 000335 TIRE-RAMA 38742 6/24/2016 001444 UNITED LABORATORIES 38743 6/24/2016 000140 WALT'S MAILING SERVICE LTD 1038182 59103460 8040065161 8080043530 8080043532 INV156508 51077 38744 6/24/2016 000038 WASTE MANAGEMENT OF SPOKANE 0063671-1518-2 0285101-2681-7 Fund/Dept 101.042.000.542 402.402.000.531 101.042.000.542 001.013.000.513 001.076.305.575 101.042.000.542 001.076.300.576 402.402.000.531 001.090.000.518 001.032.000.543 001.076.305.575 001.011.000.511 402.402.000.531 402.402.000.531 Description/Account Arnount Total : CRACK SEALANT - PREMIUM QUAI Total : COUNTY IT SUPPORT MAY 2016 Total : ENGINEERING ADVERTISING ACCT 42365 Total : Total : ANSWERING SVC CENTERPLACE Total : TRANSFER STATION Total J3628-1 MONTHLY DRINKING WATI Total : SERVICE: 2011 FORD F-250 SERVICE: 2003 DODGE CARAVAN SERVICE: 2003 FORD EXPLORER Total : SUPPLIES FOR CENTERPLACE Total : POSTAGE SERVICES Total : WASTE MANAGEMENT: PW MAY 21 WASTE MANAGEMENT MAINT SH( Total : 550.00 18,626.70 18,626.70 11,420.51 11,420.51 55,592.25 55,592.25 1,470.45 1,470.45 54.44 54.44 482.59 482.59 28.50 28.50 80.86 217.90 36.90 335.66 184.05 184.05 259.86 259.86 277.80 173.27 451.07 Page: 7 vchlist 06124/2016 1:11:05PM Voucher List Spokane Valley Page(/ - $--- Bank code: apbank Voucher Date Vendor Invoice Fund/Dept 38745 6/24/2016 000066 WCP SOLUTIONS 38746 6/24/2016 003210 WEST CONSULTANTS INC. 69 Vouchers for bank code : apbank 69 Vouchers in this report the undersigned. do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid ubliyatiun against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date 9580700 CR 9616050 007784 001.076.305.575 001.076.305.575 001.058.055.558 Description/Account Amount SUPPLIES FOR CENTERPLACE SUPPLIES FOR CENTERPLACE Total : PROFESSIONAL SERVICES -34.46 869.65 835.19 328.86 Total : 328.86 Bank total : 616,831.71 Total vouchers : 616,831.71 Page: vchlist 06/29/2016 8:20:11AM Voucher List Spokane Valley Page: -1" Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 38747 6/29/2016 001606 BANNER BANK 38748 6/29/2016 001606 BANNER BANK 38749 6/29/2016 001606 BANNER BANK 38750 6/2912016 001606 BANNER BANK 38751 6/29/2016 001606 BANNER BANK 38752 6/29/2016 001606 BANNER BANK 8581 June 2016 001.058.055.558 8581 June 2016 001.058.057.558 8581 June 2016 001.058.051.558 8581 June 2016 001.058.057.558 8581 June 2016 001.058.057.558 8557 June 2016 001.013.000.513 8557 June 2016 001.011.000.511 8557 June 2016 001.011.000.511 8565 June 2016 001.018.016.518 8565 June 2016 001.076.099.576 8565 June 2016 001.090.000.518 8565 June 2016 001.013.015.515 8565 June 2016 101.042.000.543 8565 June 2016 001.090.000.518 8565 June 2016 001.076.099.576 8599 June 2016 001.076.305.575 8599 June 2016 001.076.305.575 8599 June 2016 001.076.000.576 8599 June 2016 001.076.000.576 8599 June 2016 001.076.000.576 8599 June 2016 001.076.301.571 8599 June 2016 001.076.301.571 5214 June 2016 106.000.230.537 8573 June 2016 8573 June 2016 8573 June 2016 Description/Account Amount DEPT OF LICENSING WABO INLAND NORTHWEST PARTNERS WABO GUESTHOUSE INN Total HILTON HOTEL OMAHA GREATER SPOKANE VALLEY CHAP WALGREENS Total : CRAIGSLIST RISE VISION AVTECH SOFTWARE SERVICEMEMBERS CIVIL RELIEF AFFORDABLE LOCK EXPRESS SHINE 'M UP DETAIL BANNER BANK INT'L TRANSACTIO Total : HAMPTON INN SEATTLE/EVERETT URM CASH & CARRY NRPA N RPA ALASKA AIRLINES S&S WORLDWIDE FIRST-AID SUPPLIES ONLINE Total : THE COAST WENATCHEE CTR HO Total : 001.018.016.518 CRAIGSLIST 101.042.000.542 ROSAUER'S 001.018.016.518 SKILLPATH NATIONAL 116.00 1,606.66 80.00 95.00 -15.76 1,881.90 1,127.35 75.00 16.52 1,218.87 50.00 644.60 466.94 36.40 76.09 173.92 5.80 1,453.75 253.32 143.46 199.30 589.00 435.20 391.81 244.34 2,256.43 537.24 537.24 25.00 24.72 249.00 Page: �� vchlist 06/29/2016 8:26:11 AM Voucher List Page Spokane Valley Bank code : aphank Voucher Date Vendor invoice Fund/Dept Description/Account Amount 38752 6/29/2016 001606 BANNER BANK (Continued) 8573 June 2016 001.032.000.543 ASCE MEMBERSHIP 250.00 8573 June 2016 001.018.016.518 OFFICE DEPOT 8.69 8573 June 2016 402.402.000.531 HARBOR FREIGHT 97.15 8573 June 2016 001.018.014.514 O'REILLY 02.58 Total : 757.14 6 Vouchers for bank code : apbank Bank total : 8,105.33 6 Vouchers in this report Total vouchers : 8,105.33 [, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the c[aim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: .2`� CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ['new business ['public hearing ['information ❑admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending June 30, 2016 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 292,128.63 $ 4,077.26 $ 296,205.89 Benefits: $ 207,833.47 $ 7,615.29 $ 215,448.76 Total payroll $ 499,962.10 $ 11,692.55 $ 511,654.65 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT Attendance: Councilmembers MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington June 21, 2016 Staff Rod Higgins, Mayor Arne Woodard, Deputy Mayor Ed Pace, Councilmember Sam Wood, Councilmember Mark Calhoun, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Chelsie Taylor, Finance Director Mike Stone, Parks & Recreation Director Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. 1. Council Positions #2 and #5 Candidate Interviews — Mayor Higgins Mayor Higgins explained that each Councilmember will ask each candidate three questions, with a maximum time allotment for each candidate of thirty minutes. It was noted that each candidate has been asked not to be present for the previous applicant's interview, but to check in with our Human Resources Manager Mr. Whitehead. At the appropriate time, Mr. Whitehead escorted each candidate to the Council Chambers where Councilmembers took turns asking questions. The candidates were interviewed in alphabetical order, as follows: Jonathan Collier, Pamela Haley, Frank Hutchison, Michael Munch, Michelle Rasmussen, and David Wiyrick. After the first three candidates were interviewed, Mayor Higgins called for a recess at 6:58, and reconvened the meeting at 7:08 p.m., at which time the remaining three candidates were each interviewed. At the conclusion of the last interview, Council thanked the applicants for their commitment and desire to serve the City. Mayor Higgins announced that the selections would be made during next week's Council meeting, 2. Advance Agenda — Mayor Higgins There were no suggested changes to the Advance Agenda. 3. Council Check in — Mayor Higgins Mayor Higgins said his question to candidates regarding keeping the budget to a 1% budget increase and cutting services was hypothetical, but that our City Manager has brought the proposed budget under 1% over last year, without any cuts. 4. Acting City Manager Comments — Mark Calhoun Mr. Calhoun mentioned that Police Chief Rick VanLeuven is retiring effective June 30, and that there will be a farewell for him tomorrow at 2:30 in Council Chambers, and he encouraged everyone to drop by. Mr. Calhoun also noted that Captain Mark Werner has been appointed the new Chief and that he will begin his duties July 1 and will be sworn in during next week's Council meeting. Mr. Calhoun also noted that we have been contacted by CHAS Health, asking for a letter of support for their federal grant to open a new clinic, and said once the letter of support is drafted, he will e-mail that to each Councilmember for review, and during next week's City Manager's Comments, will seek consensus to allow the Mayor to sign the letter. Council concurred. Council Study Session: 06-21-2016 Page 1 of 2 Approved by Council: DRAFT It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:34 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Council Study Session: 06-21-2016 Page 2 of 2 Approved by Council: DRAFT Attendance: Councilmembers: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Ed Pace, Councilmember Sam Wood, Councilmember MINUTES City of Spokane Valley City Council Special Meeting Tuesday, June 28, 2016 Staff: Mark Calhoun, Acting City Manager Cary Driskell, City Attorney Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 5:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. EXECUTIVE SESSION: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into executive session for approximately sixty minutes to evaluate the qualifications of candidates for appointment to elective office [RCW 42.30110(1)(h)] and that action is anticipated thereafter during the 6:00 p.m. regular Council meeting. Council adjourned into executive session at 5:01 p.m. At 5:41 p.m., Mayor Higgins declared Council out of executive session, at which time it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. L.R. Higgins, Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes: 06-28-2016 Page 1 of 1 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, June 28, 2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Ed Pace, Councilmember Sam Wood, Councilmember Staff Mark Calhoun, Acting City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Chelsie Taylor, Finance Director Eric Guth, Public Works Director John Hohman, Comm & Eco. Dev Director Mike Stone, Parks & Recreation Director Morgan Koudelka, Sr Administrative Analyst Steve Worley, Capital Improvement Project Mgr John Whitehead, Human Resources Manager Christina Janssen, Planner Mike Basinger, Senior Planner Christine Bainbridge, City Clerk INVOCATION: Pastor Matthew Larson of Advent Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: 1. Representatives from Atlas Advertising—John Hohman Community and Economic Development Director Hohman introduced Atlas Advertising, our contracted marketing team; said that although they are from Denver, they bring a unique perspective from a national standpoint; said they have worked with about 200 agencies, mostly governmental. Atlas Advertising CEO Ben Wright then introduced his team, and said he appreciates the time to briefly introduce his company to Council; said he has been getting to know the community and most of today was spent on one-on-one meetings; his slides included mention of some of their experience working for companies across our nation; briefly mentioned the project approach for our City; spoke of measuring our City's project return on investment, and went over the implementation timeline. 2. Oath of Office: City Clerk Administers Oath to Incoming Police Chief Werner Acting City Manager Calhoun mentioned that current Police Chief Rick VanLeuven will be retiring effective June 30 and that Mark Werner has been selected as our City's new Police Chief. City Clerk Bainbridge administered the Oath of Office to Incoming Police Chief Werner, who was then congratulated by Council, staff and the audience. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Pace: said he attended an STA (Spokane Transit Authority) Board meeting where he heard reports on future plans; said one of the board members brought up the topic of STA's finances, and Councilmember Pace said he feels there are no problems with their finances; said he attended a tiny house Minutes Regular Council Meeting: 06-28-2016 Page 1 of 6 Approved by Council: DRAFT ribbon cutting and is excited to see the start of that; said he attended a Chamber meeting presentation on servant/leadership; went as a guest to the Library District Board Meeting, and attended outgoing Police Chief VanLeuven's retirement reception. Councilmember Wood: said he had no report except that he attended Chief VanLeuven's retirement reception, and he thanked the Chief for his work. Deputy Mayor Woodard: said he also attended the Chief's retirement; went to a tiny house presentation with Ian Robertson and others; went to the Chamber's transportation committee meeting where they talked about increasing the gas tax; and attended the STA Board meeting. MAYOR'S REPORT: Mayor Higgins had no report. PROCLAMATION: n/a PUBLIC COMMENTS: Mayor Higgins explained the procedure, and then invited public comments. Rick Scott, Spokane Valley: said he is the Director of S.C.O.P.E., which is a nonprofit 501c3 organization with over 350 very dedicated volunteers; said they always strive for well-trained volunteers; said he heard a few weeks ago about having better communication with crime victims and law enforcement; said they have a few programs in place where they call the victim and work with the property crime detectives; said the volunteers call the victim to reassure them the case is being reviewed and to ask if they have other information; said the volunteers are also trained to lift fingerprints off vehicles broken into and that they are very good at that; said the traffic control, or SIRT team works on directing traffic at accidents, fires and crime scenes, all of which allows law enforcement officers to be on the streets taking care of the more serious crimes. He also mentioned upcoming National Night Out Against Crime, which occurs the first Tuesday in August. Steve O'Mara, Spokane Valley: said he lives at the corner of McDonald and 8th and that there have been a rash of traffic accidents in front of his house, with six accidents occurring in the last two months; said last Friday a car overturned on its side; said he has four kids and would hate to have one of them hurt and he implored Council to get a four-way stop sign there; said many people have been aware of this need for many years. Mr. Calhoun said that Public Works staff was made aware of this situation this afternoon, and that staff is looking into the accident statistics in the clearview area along 8th as it leads into McDonald; and that Economic Development as well as the Police are evaluating the situation and will be in contact with Mr. O'Mara. Gene Strunk, Spokane Valley: commented about the four Councilmembers bringing the appointment of two new Councilmembers to fruition; said hopefully they will have the same approach in serving the citizens, even under the worst of conditions; said they will replace two individuals who are quitters and who abandoned the people who supported them, and who went home because they lost their power; and he commended current Council for sticking with it and doing the City's business, and for hiring a firm to promote this community. Carol Snyder: said she is one of those 300+ S.C.O.P.E. volunteers and thanked Rick Scott for his comments; said she has been with S.C.O.P.E. for almost twenty years; she also extended thanks to former councilmembers Grafos and Hafner for their years of service, said they have been a huge part of this community and they will be missed. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on June 28, 2016 Request for Council Action Form Totaling:$3,091,406.04 b. Approval of Payroll for Pay Period Ending June 15, 2016: $378,171.80 c. Approval of May 31, 2016 Council Meeting Minutes, Special 5:00 p.m. Meeting d. Approval of May 31, 2016 Council Meeting Minutes, Study Session e. Approval of June 7, 2016 Council Meeting Minutes, Special 4:30 p.m. Meeting f. Approval of June 7, 2016 Council Meeting Minutes, Regular Formal Meeting Minutes Regular Council Meeting: 06-28-2016 Page 2 of 6 Approved by Council: DRAFT It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance 16-010, Marijuana Regulations — Erik Lamb After City Clerk Bainbridge read the Ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 16-010, adopting amendments to Appendix A, chapter 19.85 SVMC, and SVMC 19.120.050 relating to marijuana regulations, to a second reading. Deputy City Attorney Lamb gave a brief history of this process, mentioned his previous report on this topic at the June 7 meeting, and that the Ordinance recitals outline the background and basis for additional regulations, and he went over the ordinance sections. Mr. Lamb also noted that there has been a request for Council to visit a marijuana facility, and said he is working with a grow operation, and a grow and processing and retail operation, and that such a tour is tentatively set for July 7, and that staff will be working to set up a time, and if a quorum of Council attends, it will be noted as a special meeting. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3. Proposed Resolution 16-008 Amending 2016 Transportation Improvement Program (TIP) — Steve Worley It was moved by Deputy Mayor Woodard and seconded to approve Resolution 16-008, adopting the 2016 amended TIP. Mr. Worley explained that this has been before Council several times, and that for these amendments, staff takes the current year and looks at the projects they are doing, and adds them to the list; said since REET (real estate excise tax) funds are often used as a local match, state law requires in order to use REET taxes, the projects must be part of an adopted plan, like this TIP. Mr. Worley then described the added projects of Sullivan Euclid PCC Intersection, Barker Road/BNSF Grade Separation, and the Bridging the Valley Pines Road Grade Separation, Pinecroft Property Acquisition. There was a question about whether the condensing of a four -lane road required bike lanes, and Mr. Worley said not specifically as a requirement to reduce the lanes from four to three, but that it depends on the particular project; that most of the grant agencies for newer roads require we look at all users of the roads, so we look at this from every user perspective, including ADA (Americans with Disability Act) requirements, as many of those aspects improve scoring. Mayor Higgins invited public comment. Mr. Steve O'Mara asked if a stop sign would help even if the mode of transportation was a bicycle; and said a stop sign is cheaper than putting in bike lanes. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Proposed Resolution 16-009 Adopting 2017-2022 Six -Year TIP — Steve Worley It was moved by Deputy Mayor Woodard and seconded to approve Resolution 16-009 adopting the 2017- 2022 Six Year TIP as presented. Mr. Worley explained the background of this annual TIP; mentioned the previous public hearing a few weeks ago, said these projects can be changed, adding that is usually done so annually. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. Motion Consideration: Bid Award, McDonald Road Project — Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the McDonald Road Diet Project #0221 to Inland Asphalt in the amount of $1,728,000.00 and authorize the Acting City Manager to finalize and execute the construction contract. Mr. Worley said that they received good bids, with Inland Asphalt the apparent lowest responsible and responsive bidder. Mr. Worley also noted that there is one section of McDonald in particularly poor condition, and when they do the road work, they will also improve the drainage system for the roadway. Mayor Higgins invited public comment. Mark Mims, Spokane Valley: said this Council seems to be resistant about providing bike lanes, and he asked Council to please keep in mind that bike lanes are primarily a safety feature, and reducing lanes from four to three has been a huge benefit in a way of safety, and the bike lane is a buffer between the roadway and pedestrians, adding that Minutes Regular Council Meeting: 06-28-2016 Page 3 of 6 Approved by Council: DRAFT bike lanes are especially important for young riders. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. Motion Consideration: 2016 JAG Grant Application Approval — Morgan Koudelka It was moved by Deputy Mayor Woodard and seconded to authorize the Acting City Manager to apply for the Justice Assistance Grant. Mr. Koudelka explained the background of this grant opportunity as noted on his June 28, 2016 Request for Council Action (RCA) form; and that additional funds for the remaining cost of the equipment will be provided by Spokane County from DWI (driving while intoxicated) funds; and said that no City match is required. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7. Motion Consideration: City Manager Recruitment — John Whitehead Human Resources Manager Whitehead explained the options for Council to consider in recruiting the vacant city manager position; and went over the steps needed for each option; said that most situations in Washington use the third party recruiter method in order to eliminate any perception of conflict of interest with staff conducting the process, and they have a broader network from which to seek applicants; said for either option Council might consider a small work team or committee to assist with daily procedures, and to look at what recruitment materials might be used; and stated that staff is looking for direction from Council on the options. There was some discussion about the negative aspects of having this done in-house; other comments about the estimated $35,000 for the recruitment, plus travel expenses, and which internal firm to use, should that be the option Council chooses. Deputy Mayor Woodard said he does not want to be on the committee, and that Mayor Higgins and Councilmember Pace would be his suggestion. Councilmember Wood also stated he does not want to be on a committee. Mayor Higgins invited public comment. Nina Fluegal asked about other options such as promoting from within and saving the $35,000; said the person we already have is doing the job quite well and if he wants to apply for it, he is doing a pretty good job. Tony Lazanis stated that we have a good man over there [referring to Mr. Calhoun] and that he'll do a wonderful job for us all. There were no further comments. It was then moved by Deputy Mayor Woodard and seconded to utilize an external firm to lead the recruitment process to fill the City Manager position, which would include the appointment of a small committee comprised of Mayor Higgins, Councilmember Pace, Mr. Whitehead, and Mr. Driskell to analyze options from qualiing recruitment firms and to make day-to-day procedural decisions relating to the recruitment for expediency purposes; and to choose the firm the committee believes is most qualified for fulling the needs of the City in this recruitment, and to directly authorize John Whitehead, Human Resources Manager, to finalize and execute a services agreement with the recruitment firm chosen by the committee. After the motion there was some Council discussion, with Deputy Mayor Woodard stating that this process does not exclude Mr. Calhoun as he could apply for this position; said he prefers looking more in the inland northwest area, unless it is someone who understands who we are, acknowledging that we won't know that until we go through the recruitment. Councilmember Pace said that any process will have bias, but that Council will go about this as objectively as possible, and thinks the money will be well spent. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 8. Motion Consideration: Council Appointments of Interim Councilmembers Positions 2 and 5 — Chris Bainbridge [Note: oath of office administered immediately after each appointment) City Clerk Bainbridge explained the policy for filling an interim Council position, which she explained is contained in the Council's Governance Manual; and that once the process is completed for Position 2, it will be repeated for position 5. The following are the results of the nominations and votes: For Position 2: Councilmember Pace nominated Caleb Collier. The nomination was seconded. Deputy Mayor Woodard nominated Michelle Rasmussen. The nomination was seconded. Councilmember Wood nominated Pam Haley. The nomination was seconded. Mayor Higgins had no nomination. Minutes Regular Council Meeting: 06-28-2016 Page 4 of 6 Approved by Council: DRAFT The outcome of the written ballot voting for position 2 showed Mayor Higgins and Councilmembers Pace and Wood voting for Caleb Collier. Deputy Mayor Woodard voted for Michelle Rasmussen. Caleb Collier was deemed the new interim Councilmember for Position #2; he was sworn in by City Clerk Bainbridge, congratulated by Council and others, and took his seat at the dais. For Position 5: Councilmember Wood nominated Pam Haley. The nomination was seconded. Councilmember Collier recused himself. Deputy Mayor Woodard nominated Michelle Rasmussen. The nomination was seconded Councilmember Pace had no nomination. Mayor Higgins had no nomination. The outcome of the written ballot voting for position 5 showed Mayor Higgins, and Councilmembers Pace and Wood voting for Pam Haley. Deputy Mayor Woodard voted for Michelle Rasmussen. Pam Haley was deemed the new interim Councilmember for Position #5, she was sworn in by City Clerk Bainbridge, congratulated by Council and others, and took her seat at the dais. Mayor Higgins called for a recess at 7:32 p.m.; he reconvened the meeting at 7:48 p.m. PUBLIC COMMENTS: Mayor Higgins invited public comment; no comments were offered. ADMINISTRATIVE REPORTS: 9. Residential Development Standards Update — Mike Basinger, Christina Janssen As noted in the PowerPoint presentation, Ms. Janssen went over some of the residential standard comparisons among our City, City of Spokane, Spokane County, and Liberty Lake for zones and zoning regulations, such as minimum lot size, setbacks, minimum lot dimensions and proposed regulations. A question arose about tiny homes and Mr. Basinger said staff has been looking at cottages and tiny homes, perhaps affiliated with a church or as a quasi -public entity; and said staff will be coming forward with those at a later date. Ms. Janssen also explained about the multifamily residential standards and comparing ours with the City of Spokane, Liberty Lake and Spokane County, including minimum lot, units per acre, building height and proposed regulations. 10. Sullivan Road Bridge, Max J Kuney, Centennial Trail Change Order — Eric Guth As a quick overview and to inform the new Councilmembers, Mr. Guth showed several PowerPoint slides of the Sullivan Road West Bridge Replacement Project; and he explained the vertical clearance problem and design error, as shown in the red circle; said the designers took the deck height and went down to the pavement without accounting for the girders; and said CH2M Hill paid to get those items changed; said we had to realign the section closer to the river to give more room to lower the trail to create that needed height; said there are three change orders related to this design problem; and he went over some of the other aspects of the overall project. Mr. Guth said that phase 2 is the change order which he will be bringing back next week for a motion; and it includes extending the stairway and connecting with the new trail alignment; he also mentioned that with a forced account for labor and materials accounting for their exact costs, we only pay what actually gets done, and he explained some of the cost share figures as shown on page two of his Request for Council Action. Mr. Guth said that even if this error were caught in the beginning, they would have to do the realignment and we would have still incurred these costs, minus the redesign or temporary paying, and said CH2M Hill will be paying about $76,000. Mr. Calhoun said staff will be looking for approval next week of the change order of $104,000; plus the total new contract amount of $12,866,000. 11. Advance Agenda — Mayor Higgins Deputy Mayor Woodard asked about some of the district court contracts, and Mr. Calhoun said that if Council wanted to make changes, we must provide notice by February 2017; and said any readjustment would be done through the negotiation process. City Attorney Driskell concurred. Mr. Calhoun stated that about $25 million or 62% of our general fund budget is for law enforcement, and said staff will be providing Minutes Regular Council Meeting: 06-28-2016 Page 5 of 6 Approved by Council: DRAFT some information next week as well as queuing up additional opportunities for discussion. Councilmember Wood asked about the CenterPlace equipment/kitchen inventory and Mr. Calhoun said staff is working on that and will come forward once the inventory is completed; he said that during an August Council meeting, further budget information will be provided and we can examine the idea of factoring in a replacement program for that equipment and setting up a reserve account. The (12) Department Monthly Report, (13) Fiscal Year 2018 Transportation Improvement Board Call for Projects, and (14) Washington State Department of Transportation Call for Projects: Innovative Safety Program were for information only and were not reported or discussed. CITY MANAGER COMMENTS Mr. Calhoun said he was contacted by a representative from CHAS Health asking for a letter of support as they apply for a grant to assist them in a new facility; that a copy of the letter is before each Councilmember, and he asked for consensus to allow Mayor Higgins to sign and send the letter, which grant has a July 15 deadline. Council concurred. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:26 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 06-28-2016 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval: Check all that apply: ['consent ❑ old business ® new business ['public hearing ❑ information ['admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: Second Reading Proposed Ordinance No. 16-010 adopting marijuana - related amendments GOVERNING LEGISLATION: RCW 36.70A.106; RCW 69.50 (codifying Initiative 502); RCW 69.51A; SVMC 17.80.150 and 19.30.040; SVMC 19.85; SVMC 19.120.050 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted a moratorium on unlicensed marijuana uses on December 9, 2014, and further extended it on December 1, 2015. City Council adopted a moratorium on licensed marijuana uses on October 6, 2015. City Council adopted regulations regarding zoning and buffering restrictions on licensed recreational marijuana on July 22, 2014. City staff provided numerous updates in 2015 on the 2015 State Legislative amendments to marijuana laws. City Council heard an administrative report on June 7, 2016 and a first reading on June 28, 2016. City Council is planning on visiting a licensed production/processing facility and licensed retail store on July 7, 2016. BACKGROUND: The City is in the process of developing comprehensive local marijuana regulations, as required pursuant to moratoriums on unlicensed and licensed marijuana adopted pursuant to Ordinance Nos. 14-021, 15-017 and 15-023. The moratoriums were adopted to allow the City to contemplate and respond to extensive State Legislative amendments in 2015 that reconciled recreational and medical marijuana laws. Those 2015 State Legislative changes and the rules being proposed and considered by the Washington State Liquor and Cannabis Board (WSLCB) and Washington Department of Health (DOH) are described in detail in the staff report, which is attached to this RCA. However, generally, the 2015 Legislative changes eliminate the unlicensed medical marijuana shops and create a single system of licensed marijuana production, processing, and retail stores. Retail stores may apply for and obtain a "medical marijuana endorsement" that allows them to sell "compliant marijuana" to qualified patients and designated providers in greater amounts than recreational marijuana and with an exemption from State and local sales taxes and the marijuana excise tax. The term "compliant marijuana" was developed by the DOH for those types of marijuana that may help alleviate medical symptoms in patients. However, since there has not been sufficient medical research on the medical benefits of marijuana at this time, the DOH has determined it could not call such marijuana "medical marijuana." Notably, anyone may purchase most types of compliant marijuana, but non -patients do not receive the tax exemption like qualified patients. Further, as part of the 2015 Legislation, the State increased the number of marijuana retail stores to be able to meet the demands of the medical marijuana market. Preliminarily, the WSLCB provided no increase in the number of stores within the City due to our ongoing moratorium. However, if the City were to allow additional marijuana retail stores, the number would likely increase from the three existing stores to six total retail stores. All currently unlicensed medical marijuana stores must close or obtain a license from the WSLCB by July 1, 2016. The City currently has three licensed retail stores, 21 licensed producers, and 25 licensed processors. The Planning Commission has been working since October 2015 to develop a proposal in response to the 2015 Legislative changes. The Planning Commission conducted an extensive number of meetings to take extensive public and expert input before developing and considering the proposed marijuana regulation amendments. Initially, On October 22, 2015, the Planning Commission conducted a background study session on the 2015 State Legislative amendments. As part of the session, staff provided an update on the 2015 Legislative changes, background on the City's prior marijuana regulations, and the options available for the Planning Commission to develop marijuana regulation amendments. Those options ranged from leaving the existing regulations as they were (zoning and buffering for licensed marijuana retail, marijuana production, and marijuana processing), to adopting additional buffers between marijuana stores, to adopting a full ban on all new marijuana uses. On November 12, 2015, the Planning Commission took public comment to assist with the development of marijuana amendments. The Planning Commission requested input from the Police, Fire Department, and School Districts, and on December 10, 2015, the Planning Commission received testimony from the Spokane Valley Police and Spokane Valley Fire on the impacts that each respective department had seen with the legalization of marijuana. Further, Central Valley School District provided a written statement regarding impacts it had seen within the school system. As part of that December 10, 2015, meeting, the Planning Commission deliberated and developed a proposal that banned all new marijuana uses. Specifically, the proposal banned new licensed marijuana retail, including any new retail stores seeking a medical marijuana endorsement, new licensed production, and new licensed processing. Further, the proposal banned marijuana cooperatives, which are small four-patient groupings that may grow marijuana in a domicile for medical purposes, and marijuana clubs. Finally, the proposal would have imposed strict indoor-growing standards on any home-growing by qualified patients, which was authorized by the 2015 State Legislative amendments. Staff took direction from the Planning Commission and drafted appropriate amendment language implementing the Planning Commission's proposal. The Planning Commission considered the proposed amendments at study sessions on February 25, 2016, and March 10, 2016. Further, on March 3, 2016, the Planning Commission visited two marijuana production/processing facilities (one as a drive-by, and one as a guided tour) and toured a licensed retail shop. On April 14, 2016, the Planning Commission conducted a public hearing on its proposed amendments and one interested party spoke. After the public hearing, the Planning Commission deliberated and ultimately decided to consider a modified proposal. Pursuant to SVMC 17.080.150, the Planning Commission conducted a second public hearing on the modified proposal on May 12, 2016. At that meeting, the Planning Commission voted 5- 2 to approve the modified proposal that is now before City Council for its consideration. The amendments as recommended by the Planning Commission and set forth in the proposed ordinance will amend chapter 19.85 SVMC, SVMC 19.120.050, and Appendix A by (1) adding definitions for medical marijuana endorsed retail stores, marijuana cooperatives, and marijuana clubs, (2) prohibiting any new licensed marijuana retail stores from all zones, (3) allowing existing licensed marijuana retail stores to locate within the existing designated zones in compliance with existing buffering requirements, (4) prohibiting marijuana cooperatives from all zones, (5) prohibiting marijuana clubs or lounges from all zones, (6) requiring any home-growing by qualified patients as allowed by state law to be conducted only in single family residential zones in permanent structures that are opaque and not visible by neighbors or from the public rights-of-way, and to clarify that renters may be required, as may be authorized by federal, state, and local laws, to give notice to landlords of their intention to grow marijuana plants in a rental dwelling. Note that the Planning Commission considered an extensive amount of information and had extensive detailed discussions regarding the 2015 Legislative amendments and development of the proposed amendments. Accordingly, copies of all RPCAs and minutes from all Planning Commission meetings on this subject are included as attachments to provide City Council with the full background on this item. At the June 7, 2016 administrative report, City Council requested to take a tour of a marijuana production/processing facility and a marijuana retail store. That tour is scheduled to take place on July 7, 2016. OPTIONS: Move to approve the proposed Ordinance No. 16-010, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 16-010, adopting amendments to Appendix A, chapter 19.85 SVMC, and SVMC 19.120.050 relating to marijuana regulations, and repealing the existing marijuana -related moratoriums. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; Christina Janssen, Planner; Jenny Nickerson, Senior Plans Examiner ATTACHMENTS: Proposed Ordinance No. 16-010; and A. Updated Staff Report for May 12, 2016 modified proposal B. Copies of Ordinance Nos. 14-021, 15-017, and 15-023 (adopting moratoriums on unlicensed and licensed marijuana uses) C. Proposed Amendments to chapter 19.85 SVMC, SVMC 19.120.050, and Appendix A D. Copy of RPCA from October 22, 2015 Planning Commission meeting E. Copy of minutes from October 22, 2015 Planning Commission meeting F. Copy of RPCA from November 12, 2015 Planning Commission meeting G. Copy of minutes from November 12, 2015 Planning Commission meeting H. Copy of RPCA from December 10, 2015 Planning Commission meeting I. Copy of minutes from December 10, 2015 Planning Commission meeting J. Copy of RPCA from February 25, 2016 Planning Commission meeting K. Copy of minutes from February 25, 2016 Planning Commission meeting L. Copy of minutes from March 3, 2016 Planning Commission tour M. Copy of RPCA from March 10, 2016 Planning Commission meeting N. Copy of minutes from March 10, 2016 Planning Commission meeting O. Copy of RPCA from April 14, 2016 Planning Commission meeting P. Copy of minutes from April 14, 2016 Planning Commission meeting Q. Copy of RPCA from May 12, 2016 Planning Commission meeting R. Copy of minutes from May 12, 2016 Planning Commission meeting S. Copy of Findings of Fact adopted by Planning Commission at May 26, 2016 meeting T. Copy of minutes of May 26, 2016 Planning Commission meeting U. Police crime tracking information requested at December 10, 2015 meeting DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING AMENDMENTS TO SPOKANE VALLEY MUNICIPAL CODE APPENDIX A, SPOKANE VALLEY MUNICIPAL CODE SECTION 19.120.050, AND CHAPTER 19.85 OF THE SPOKANE VALLEY MUNICIPAL CODE TO UPDATE DEFINITIONS, PROHIBIT NEW LICENSED MARIJUANA RETAIL STORES, COOPERATIVES, AND MARIJUANA CLUBS OR LOUNGES, AUTHORIZE EXISTING LICENSED MARIJUANA RETAIL STORES TO LOCATE PURSUANT TO EXISTING CITY ZONING AND BUFFER ZONE REQUIREMENTS, AND TO ESTABLISH REQUIREMENTS FOR HOME PRODUCTION AND PROCESSING OF MARIJUANA AS ALLOWED BY LAW WITHIN RESIDENTIAL ZONES, AND TERMINATING AND REPEALING THE MORATORIUMS ESTABLISHED PURSUANT TO ORDINANCES 14- 021, 15-017, AND 15-023, AND OTHER MATTERS RELATING THERETO. WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug, based on the federal government's categorization of marijuana as having a "high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242, 21 U.S.C. 801 et seq; and WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on November 3, 1998, and now codified as chapter 69.51A RCW, created an affirmative defense for "qualifying patients" to the charge of possession of marijuana; and WHEREAS, in 2011, the Washington State Legislature considered and passed ESSSB 5073 that, among other things, (1) authorized the licensing of medical cannabis dispensaries, production facilities, and processing facilities; (2) permitted qualifying patients to receive certain amounts of marijuana for medicinal purposes from designated providers; (3) permitted collective gardens by qualifying patients whereby they may, consistent with state law, collectively grow marijuana for their own use; and (4) clarified that cities were authorized to continue to use their zoning authority to regulate the production, processing, or dispensing of marijuana under ESSSB 5073 and chapter 69.51A RCW within their respective jurisdictions; and WHEREAS, on April 29, 2011, former governor Christine Gregoire vetoed the portions of ESSSB 5073 that would have provided the legal basis for legalizing and licensing medical cannabis dispensaries, processing facilities, and production facilities, thereby making these activities illegal; and WHEREAS, on November 6, 2012, voters of the State of Washington approved Initiative Measure No. 502 (I-502), now codified in various chapters of the RCW, including chapters 69.50, 46.04, 46.20, 46.21, and 46.61 RCW, which provisions, (1) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (3) established a regulatory system licensing producers, processors, and retailers of recreational marijuana for adults 21 years of age and older, and required the Washington State Liquor Control Board (now the Washington State Liquor and Cannabis Board and referred to herein as the "WSLCB") to adopt procedures and criteria by December 1, 2013 for issuing licenses to produce, process, and sell marijuana; and WHEREAS, on August 29, 2013, the United States Department of Justice issued a memo providing updated guidance on marijuana enforcement in response to the adoption of I-502. Several ongoing federal Ordinance 16-010 Page 1 of 10 DRAFT enforcement priorities were outlined, including prevention of crime and preventing distribution of marijuana to minors. Further, the memo provided that the Department would not seek ongoing prosecution of marijuana providers, users, and local officials in states that authorized marijuana, provided that those state and local governments "implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests. A system adequate to that task must not only contain robust controls and procedures on paper; it must also be effective in practice;" and WHEREAS, on July 22, 2014, the City adopted Ordinance No. 14-008, which established in chapter 19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations, zoning, buffers, and other limitations on marijuana producers, processors, and retail sellers licensed under chapter 69.50 RCW, but which did not regulate unlicensed marijuana uses under chapter 69.51A RCW; and WHEREAS, on December 9, 2014, the City adopted Ordinance No. 14-021, adopting a moratorium on the establishment of new unlicensed marijuana uses in order to allow the City to consider any marijuana - related legislation adopted as part of the 2015 Washington State Legislative Session and to develop comprehensive marijuana regulations incorporating such changes, and such moratorium was extended on December 1, 2015 pursuant to Ordinance No. 15-023; and WHEREAS, in 2015, the Washington State Legislature adopted the "Cannabis Patient Protection Act," Laws of 2015, ch. 70, and additional comprehensive marijuana -related regulations pursuant to Laws of 2015, ch. 4 and other enacted legislation (collectively, the "2015 Marijuana Legislation"); and WHEREAS, as part of the 2015 Marijuana Legislation, the State (1) reconciled the medical and recreational marijuana markets by establishing a "medical marijuana endorsement" that retail licensees will be able to obtain to sell medical marijuana to qualified patients and designated providers, while also making unlicensed collective gardens illegal by July 1, 2016, (2) expanded the amount of marijuana production that may be conducted state-wide to accommodate the needs of marijuana retailers with medical marijuana endorsements, (3) expanded the number of licensed marijuana retail licenses to "accommodate the medical needs of qualifying patients and designated providers," (4) authorized qualified patients and designated providers to grow up to 15 marijuana plants per residential unit, (5) created "cooperatives" which must be registered by the WSLCB, and (6) created a new license for common carriers to deliver and transport marijuana between licensed marijuana producers, processors, and retailers delivery/transportation and created a new marijuana research license for permittees to produce, process, and possess marijuana for certain limited research purposes; and WHEREAS, on September 23, 2015, the WSLCB issued, effective immediately, its Emergency Rules #15-18 (the "WSLCB Emergency Rules") to amend chapter 314-55 WAC to provide for (1) the WSLCB to begin accepting marijuana retail license applications on October 12, 2015, with the limit on the number of marijuana retail licenses to be set at a later date, (2) the WSLCB to begin accepting applications for medical marijuana endorsements, and (3) the state cap on maximum marijuana production space to be increased to an amount to be set at a later date; and WHEREAS, on October 6, 2015, the City adopted Ordinance No. 15-017, adopting and establishing a moratorium on all new licensed marijuana uses in order to allow the City to develop appropriate marijuana regulations in response to the 2015 Washington State Legislative Session and the WSLCB Emergency Rules; and WHEREAS, the Planning Commission conducted meetings on October 22, 2015, November 12, 2015, December 10, 2015, February 25, 2016, and March 10, 2016 to receive public testimony, conduct study sessions, and receive testimony from representatives from Spokane Valley Fire and Spokane Valley Police, Ordinance 16-010 Page 2 of 10 DRAFT and develop proposed amendments regarding marijuana regulations. Further, on March 3, 2016, the Planning Commission visited a licensed marijuana production and processing facility and a licensed marijuana retail store; and WHEREAS, on September 17, 2015, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing a 60 -day notice of intent to adopt amendments to Spokane Valley development regulations; and WHEREAS, on March 25, 2016, and April 1, 2016, notice of the Planning Commission public hearing was published in the Valley News Herald; and WHEREAS, on April 14, 2016, the Planning Commission held a public hearing, received evidence, information, public testimony, and a staff report followed by deliberations and provided an informal recommendation to consider a modified proposal; and WHEREAS, on April 22, 2016, and April 29, 2016, notice of the Planning Commission public hearing on the modified proposal was published in the Valley News Herald; and WHEREAS, on May 12, 2016, the Planning Commission held a public hearing on the modified proposal, received evidence, information, public testimony, and a staff report followed by deliberations and provided a recommendation; and WHEREAS, on June 7, 2016 the City Council reviewed the proposed amendments; and WHEREAS, on June 28, 2016, the City Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS, on July 12, 2016, City Council considered a second ordinance reading to adopt the proposed amendments; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, the amendments below bear a substantial relation to the public health, safety, and welfare and protection of the environment. NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows: Section 1. Findings and Conclusions. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments and recommends approval of the amendments. The City Council has read and considered the Planning Commission's findings. The City Council hereby makes and adopts the following findings and conclusions: A. Growth Management Act Policies — The Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. B. Compliance with Spokane Valley Municipal Code (SVMC) 17.80.150(F): Ordinance 16-010 Page 3 of 10 DRAFT 1. The proposed amendments are consistent with the applicable provisions of the Comprehensive Plan: LUP-1.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning Land Use Goal LUP-10.2: Encourage a diverse array of industries to locate in Spokane Valley. Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. Economic Policy EDP -7.1: Evaluate, monitor and improve development standards to promote compatibility between adjacent land uses; and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7.2: Review development regulations periodically to ensure clarity, consistency and predictability. Neighborhood Policy NP -2.1: Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning 2. The proposed amendments bear a substantial relation to the public health, safety, welfare, and protection of the environment: The proposed amendments will allow compliance with state law and allow existing state -licensed recreational and medical marijuana businesses to continue to operate within Spokane Valley while separating such uses from identified sensitive uses and the City's existing and future residential uses. Further the amendment will limit additional adverse impacts from new marijuana uses on other existing commercial uses. Finally, the proposed amendment will protect the residential character of residential neighborhoods. Section 2. Amendment. Appendix A of the SVMC is hereby amended with the following additions and amendments, to be added alphabetically: APPENDIX A DEFINITIONS A. General Provisions. 1. For the purpose of this eCode, certain words and terms are herein defined. The word "shall" is always mandatory. The word "may" is permissive, subject to the judgment of the person administering the eCode. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. Ordinance 16-010 Page 4 of 10 DRAFT 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5. Use of male designations shall also include female. B. Definitions. Manufacturing, petroleum and coal products: The manufacture of asphalt paving, roofing and coating and petroleum refining See "Industrial, heavy use category." Marijuana club or lounge: A club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume marijuana on the premises, whether licensed by the Washington State Liquor and Cannabis Board or not, or such other similar use pursuant to RCW 69.50.465, as now adopted or hereafter amended. Marijuana cooperative: A marijuana cooperative formed pursuant to chapter 69.51A RCW, as now adopted or hereafter amended. A marijuana cooperative is comprised of up to four qualifying patients or designated providers and formed for the purposes of sharing responsibility for acquiring and supplying the resources, and producing and processing marijuana for the medical use of the members of the marijuana cooperative. Marijuana processing: Processing marijuana into usable marijuana, marijuana -infused products, and marijuana concentrates, packaging and labeling usable marijuana, marijuana -infused products, and marijuana concentrates for sale in retail outlets, and sale of usable marijuana, marijuana -infused products, and marijuana concentrates at wholesale by_ a marijuana processor licensed by the Washington State Liquor Control and Cannabis Board and pursuant to Gchapter 69.50 RCW, as now adopted or hereafter amended. See "Industrial, light use category." Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by the Washington State Liquor Controland Cannabis Board and pursuant to €chapter 69.50 RCW, as now adopted or hereafter amended. See "Agricultural and animals, use category." Marijuana sales: _Selling usable marijuana, marijuana -infused products, and marijuana concentrates in a retail outlet by a marijuana retailer licensed by the Washington State Liquor Controland Cannabis Board, along with any applicable other use allowed as part of the marijuana sales pursuant to an endorsement associated with marijuana retail, including but not limited to marijuana sales with a medical endorsement, operation of a marijuana club or lounge pursuant to an endorsement, or delivery of marijuana that may require an endorsement, all as provided and pursuant to €chapter 69.50 RCW, as now adopted or hereafter amended. See "Retail sales, use category." Marijuana sales with a medical endorsement: Marijuana sales and medical marijuana sales by a marijuana retailer licensed by the Washington State Liquor and Cannabis Board that has been issued a medical marijuana endorsement pursuant to chapter 69.50 RCW and chapter 69.51A RCW, as now adopted or hereafter amended. Market, outdoor: A temporary or seasonal location where produce and agricultural products including, but not limited to, pumpkins, Christmas trees and firewood, as well as crafts and other items, are offered for sale to the public. See "Retail sales, use category." *** Ordinance 16-010 Page 5 of 10 DRAFT Section 3. Amendment. SVMC 19.120.050 is hereby amended with the following additions: 19.120.050 Permitted use matrix. Permitted Use Matrix Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental Conditions R- 1 R- 2 R- 3 R- 4 MF- 1 MF- 2 MUC CMU GO 0 NC C RCP/OS I- 1 I- 2 Agriculture and Animal Kennel S S S S S P P See zoning districts for conditions Marijuana production S S S S Chapter 19.85 SVMC Orchard, tree farming, commercial P P Food and Beverage Service Espresso establishment P P PPPPP A PP Marijuana club or lounge Chapter 19.85 SVMC Mobile food vendors S S S S SS S S S S SVMC 19.60.010(L),19.70.010(B)(2) Industrial, Light Manufacturing, light P P P Marijuana processing S S S S Chapter 19.85 SVMC Ordinance 16-010 Page 6 of 10 DRAFT Permitted Use Matrix Use Category/Type Residential Zone Districts Commercial and Industrial Zone Districts Supplemental Conditions R- 1 R- 2 R- 3 R- 4 MF- 1 MF- 2 MUC CMU GO 0 NC C RCP/OS I- 1 I- 2 Plastic injection molding, thermoplastic P P P P P P Residential Dwelling, townhouse PPP P P P P Manufactured home park SSS S S SVMC 19.40.130 Marijuana cooperative Chapter 19.85 SVMC Retail Sales Manufactured home sales P P P Marijuana sales S S S S Chapter 19.85 SVMC Market, outdoor P P PP P P A = Accessory use, C = Conditional use, P = Permitted use R = Regional siting, S = Permitted with supplemental conditions T = Temporary use Ordinance 16-010 Page 7 of 10 DRAFT Section 4. Amendment. Chapter 19.85 SVMC is hereby amended as follows: 19.85.010 Marijuana production standards. A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana production facility to the nearest property line of any one or more of the following uses: 1. Vacant or undeveloped parcels owned by public school districts pursuant toas established in RCW Title 28A; 2. Vacant or undeveloped parcels owned by public library districts pursuant toas established in chapter 27.12 RCW; 3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under this sectionSVMC 19.85.010: a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan or program adopted by the eCity eCouncil; and b. The Appleway Trail; or 4. a. Any facility, or building, campus, or collection of buildings designated or identified in any document, plan, or program adopted by the eCity eCouncil as "Spokane Valley City Hall" or other similar term that identifies such facilities or; buildings, campus, or collection of buildings as the eCity's primary administrative and legislative location; or b. CenterPlace. B. Marijuana production in the regional commercial and community commercial zones shall only be permitted indoors. 19.85.020 Marijuana processing standards. A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana processing facility to the nearest property line of any one or more of the following uses: 1. Vacant or undeveloped parcels owned by public school districts pursuant to as established in RCW Title 28A; 2. Vacant or undeveloped parcels owned by public library districts pursuant toas established in cchapter 27.12 RCW; 3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under this sectionSVMC 19.85.020: a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan or program adopted by the eCity eCouncil; and b. The Appleway Trail; or 4. a. Any facility; or building, , : - ... • : designated or identified in any document, plan, or program adopted by the eCity eCouncil as "Spokane Valley City Hall" or other similar term that identifies such facilities; or buildings, campus, or collection of buildings as the City's primary administrative and legislative location; or b. CenterPlace. Ordinance 16-010 Page 8 of 10 DRAFT B. Marijuana processing in the regional commercial and community commercial zones shall be limited to packaging and labeling of usable marijuana. 19.85.030 Marijuana retail sales standards. A. New marijuana sales shall not be permitted within any zone. B. Marijuana sales uses in existence and in continuous and lawful operation prior to the date of these regulations shall not be deemed nonconforming and shall be permitted as a legal use subject to the following: Mmarijuana sales shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana sales facility to the nearest property line of any one or more of the following uses: 41. Centennial Trail; 42. Appleway Trail; G3. Vacant or undeveloped parcels owned by public school districts pursuant toas established in RCW Title 28A; 134. Vacant or undeveloped parcels owned by public library districts pursuant toas established in €chapter 27.12 RCW; g5. Vacant or undeveloped parcels leased or owned by the City; provided any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan or program adopted by the eCity eCouncil shall be excluded from consideration under this section; or 4a. Any facility or, building, campus, or collection of buildings designated or identified in any document, plan, or program adopted by the eCity eCouncil as "Spokane Valley City Hall" or other similar term that identifies such facilities; or buildings, campus, or collection of buildings as the City's primary administrative and legislative location; or 213. CenterPlace. 19.85.040 Other licensed or registered marijuana uses prohibited. Marijuana production, marijuana processing, and existing marijuana sales shall be permitted pursuant to SVMC 19.85.010, 19.85.020, and 19.85.030. All other commercial and non-commercial licensed or registered marijuana uses are prohibited within all zones of the City. This prohibition includes, but is not limited to, marijuana clubs or lounges and marijuana cooperatives. This prohibition does not apply to home growing or processing of marijuana by qualified patients or designated providers in residential zones as set forth in SVMC 19.85.050 and in compliance with state law. 19.85.050 Marijuana production and processing in residential zones. Washington State law authorizes qualified patients and designated providers to produce marijuana and to process marijuana in dwellings, residences, domiciles, and similar housing units under limited circumstances and with limited processing methods. Subject to applicable federal, state, and local laws, any owner, lessor, or leasing agent may request or require disclosure of a renter or lessee's desire to produce or process marijuana within a rented or leased dwelling unit. In addition to compliance with any applicable state or federal laws and regulations, lawful production or processing of marijuana by any person in a dwelling, residence, domicile, or other similar housing unit shall be subject to all locally applicable land use, development, zoning, and building regulation requirements, including but not limited to all applicable requirements set forth in Titles 17, 18, 19, 20, 21, 22 and 24 SVMC as the same are now adopted or hereafter amended, and the following regulations: A. Any home production or processing of marijuana by any person pursuant to state law shall not be permitted outside of the dwelling or accessory structure; Ordinance 16-010 Page 9 of 10 DRAFT B. Any home production or processing of marijuana by any person as allowed by state law in a dwelling or accessory structure shall be enclosed, blocked, or sight -screened from the public right-of-way and from adjacent properties so that no portion may be readily seen by normal unaided vision or readily smelled from such locations. Accessory structures shall be permanent structures enclosed by a roof and walls on all sides and connected to a permanent foundation. For purposes of SVMC 19.85.050, accessory structures shall not include cargo containers, recreational vehicles or other similar types of structures. Accessory structures shall be completely opaque in addition to necessary site -screening; C. Home processing of marijuana shall not involve any combustible method and shall comply with all federal, state, and local laws and rules, including all standards adopted by the Washington State Liquor and Cannabis Board; and D. Production or processing of marijuana by any person pursuant to state law in a dwelling or accessory structure shall only be allowed in the R-1, R-2, R-3, and R-4 zones. Section 5. Moratoriums Terminated and Repealed. The moratoriums adopted pursuant to Ordinance Nos. 14-021, 15-017 and 15-023 are hereby terminated and such Ordinances are hereby repealed and shall be without any force or effect as of the effective date of this Ordinance. Section 6. Other sections unchanged. All other provisions of Appendix A and Title 19 SVMC not specifically referenced hereto shall remain in full force and effect. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 12th day of July, 2016. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 16-010 Page 10 of 10 1'ACIiI.u•t A Sfitika .0000Villey COMMUNITY DtvELou 113NTDEPARTMENT PLANNING fIvlSION STAFF REPORT AND R.ECOMMENDATION 10 TILE PLANNING COMMISSION CTA -2U16-0001 STAFF REvoRT DATE: May 12, 20]6 (updated from April t4, 2016 version for pubic hearing based upon modifications sought b}' Planting Comm iss]ort). HEARING DA•tT AND LOCATION: itirlsy 12, 201(. beginning at 6:01 p.m., Spokane Valley City Hall COtincil Chambers, Valley Reclwued Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,. Washington 99206. PROPOSAL DESCRIPTION: A city initiated text arnendmient to Spokane Valle} Neiunicipul Code (SVMC) to amend SVNIC 19.85 and Appendix A. to add dlefinitit,rr3 irc1 ,modify the rc.,tllatians to prohibit any additional state -licensed r;:tail Sales of inarijua t:. incl,idin * regulations kr licensed r'elail stoics titi'ith medical) marijuana endorsements, to allow existi -:,. licensed marijuana retail t,117.;: to locate within existing allowable zones in compliance with ex...,t ua ir,:: I.LLluiror-,.!r,r . to narijuarrt cvoperatio'e:, and to add general requirement `'ysl ;+II s, ,rr,t �r,�ti int ".�� :It:alili it I}aticris in residential 7.0US, PROPONENT: City of Spokane Valley Cr} F1 1II1ky 1.:.clt ltrn.nq 1 41tnrctnent, 11707 E Sprague Ave, Suite I OG, Spokane Valley, WA 99206. APPROVAL. CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVNIC) 'Title 17 43i nUr<'lr ?roviMorts. SUMMARY of Ri COMMENDATtO(\: The Planning Divisions rniikr'y ❑o statement of recommendation regarding the proposed amendments other than Lira, LILA iny :,.: , 'irI li ;.iTh City text amendment requirements pursivant to SVMC :7.80.150(F). STAFF PLANNER; Cltr'isli,na Janssen. Planner, Community I.1cl'r=1,\1'.r,t�rir ATTACHMENTS: Exhibit 1: Ordinance Na. 14-021. adopting a rnoratoriurn on ::11 rth:l'tIl :hll:; rl:. ; ciherthan recreational production, processing, and retail tr<e 1 ccn.s+:cl t,� rl,� '+:r . h �t,i. '.;h(4.' I ,i�trrrr :roc. Cannabis Board. Ordinance No. 15-02.3, adrrprint, ;u. cxter,tiic)n 011 0'1.. tlr;l.icem.cd nh;rriioana uses. Exhibit 2: Ordinartcc Mo. 15-017, adopting a ntorate•r-rtinm rrrt Inarijuar;a uses RN to be licensed by the Washi von State Liquor and Canti Exhibit 3: Proposed text amendments to S''M1. 19.t S, V1w1t' I 9.120.050, and Appendix A. A. EACKCROIJ1`+I) IN'FORMATIt:)N 1. :'.PPtJc.i.-t'iur'' 1'Izf?cEssi,4:: SVNIC Chapter 17.80, Pcnrrit Processing Procedures. The l`nllnwin.z appli:.ation procedures fur the proposal. Process Ordinance 11O2 passed, adopting interim definitions anti regulations for state -licensed recreational marijuana Date 2/11/14 Ordinance 1.4-004 passed, adopting amendments tU the Mite= regulations for state -licensed recreational marijuoria Ordinance 14-00S passed, adopting definitions- and regulations for state -licensed recreational marijuana and repealing interim development regulations adopted pursuant to ordinances 1'1-002 and 14-004 4/22/14 7/22/14 Ordinance 14-021 passed, adopting a moratorium on the establishment of all marijuana uses other than marijuana producers, marijuana processors, and marijuana retail safes as licensed by the Washington State Liquor :snd Cannabis Board (previorasly Ma "Liquor and Control Board"). Ordiraanee No. 15-017 r•,r.-.sed. adopting, a morale}riurn ctn all marijuana ,i ctiirprred io bt Ila:t•r ..id or registered with the Wash _ on Sr. Ic l.iga.a and l`:.nn:.l,is l3 yard', 12P9/14 10x6/ l 5 Ordinance Ni) 5-02; lJas:,.cl, adoptirti a six-narrnth renewal of the n (:rags:ri;rirr On 'inI Z riIU;I a inD5 originally adopted 1 arrsu..,a 10 (_irlin rnww NO, 1 4-1.}t 1 SF.PA Determination 1211115 April 8, 2016, for current proposal, and June 21/. 2414, for existing regulations Published Notice of Public Hearing Sent Notice of Application for C'pticnal D:terminatiion of Non-Sigaificance slalPagrPncies April 22, '2p16 and April 29, 20I6 February 26.2016 PKo?oS, u flAC: r .;KOLM): hrillgh the rxrursc of meetings an October 22, 2015, 'November 12, 2(}I5, and December 10, 2015, Planning Commission lre;rrd multiple reports front staff, SpokaneValleyfrolic., and Spokane Valley Vire, as well as receiving extensive public comment on the City's regulation of legal nrrarijuana. Staff reports included discussion of existing City regulations, Stale law, ongoing rulemaking by the Washington Liquor and Cannabis Board (`- VSLCB") related to ail licensed marijuana types and. dor Washington Department of Health related to medical marijuana (although the Departnlearl f -Health has since categorized medical marijuana as '`compliant marijuana" due to ongoing questions about its beneficial medicinal qualities), and a rank of options for Planning Commission to consider_ Planning Comrni.ssion also visited a marijuana production.'prticLwsing iveradon and retail store an March 3, 2016. The background of these discussions are included as part of the R.POA for the public hearing on this code text amendment. Planning Commission considered various options and ultimately gave a consensus for staff to draft proposed arrrcralantnt language that would ban nil new mairijiu:rnn uses, allow home growing, require notice bti reriu rs to landlords for home growing, arid ban horn: Ca April 14, 2016, Planning Commission held a public Iir, T L„ ila iia ,a.° , ti. ',N1 -11 d1 generally would prohibit any new marijuana uses- One inlr:res( c. l-a:rr, :.I .•1,,. i]rrrin . 1)1 1,1ri: 17carin�„ As part of deliberations follo'wr-ing the public hearing, Planning Page 2of8 substantial modifications to the propusul as described below. Pursuant re SV: riC: 17.80. I a{rllsl, the Planning Commission is alllowed. to modify a proposal, but must first conduct a public llerriu on 1Iw modified proposal if the modification is substantial. Accordingly, the P1.11tniltp al,rrltitixi::s i; Il::ciin,_ :a public hearing on the modified proposal on May 12, 2016. The modified proposal is to amend Spoknwc Valk, 411'r, l i .:sl Cede (SVMCll chapter 19.120.1150. and Appcndi.r A by (1) Fidciil;L (.1..!11,r.linas for medical marijuana endorsed reiail tva'i 3, marijuana c operrtivcs, and marijuana club6, (i inulribiting any new licensed marijuana from all zones, (3) ulluwi.l r i..tiiig !Icer o.1 marijuana retail stares to locate within tl'r rxislillu designated zones in cotnn:i:1nc,' ,. tI t ,srirr 'lnifering requirements, (4) prchil:riti., :lrl.i_jtr4Lll k cooperatives from all ZO-1IS_ 1.5j prolribilrnl, Irlar, ulurtt clubs cr lounges from all awes, and .;6j r4t;uirirl any home -growing by qualir'ea 11_rlient: as :k11i-iwod, by state law to he conducted only in lint:l;: ratnil\ resideriIi ul tones in penaaneiii siructiI i that Linc opaque and not visible by neighbors or from ll.o lrt_LI,c rights-of-way, and to c.I.l: ill iii.il rcii tors may be requ[red. as may be authorized by federal, state, and local laws, to give notice: Lo lanclord.ls or their iris inion to grow marijuana plants in a rental dwelling_ The trtujar changes laHoe oripinn! p:[,I,.asal were to (1) allow licensed tnarijunna production :rid processing in existint], f, [1 ti :,x U4.-inii-liance. with existing buffering requirements, and (2) allow existing licensed marijuana rc:trni1 stL,cs tea I.Ictr_ atitl:irt ci.isting allowable zones in compliance with existing buffering requirements. Recr ecrt'r'onet! Mor Brre•k};r-c+ui!' Recreational marijuana was le2a1ibc1 within Washington Shite with the: passage of Inili:,rivo ~O2 fl -502) in November 2012. The Stare has; 1.:orkttl ever the last three years to develop extensive r..__',lrl,dinrtis for licensing and permitting of production (vowing), processing, and retail sales of reereali.mal rrarijt:ana, All recreational marijuana facilities must re licensed by the WSLCB. The WSLCI3 be t•i ziceLTIIIT and processing aplplications in November 2013, a.nd issued the first production and process%nE_ I: n e_, within Spokane• Valley in March :ION. As provided by law, the WSLCB developed rales to ailow:u.:. Iinaitc.d number ofretail licenses within titch jurisdiction. The City was allocated three recreat l lt,i1 I .'1 tiro and the WSLCB has issued all three licenses and all strops arc open and operational. 1...ln:te, state 1::Lu, there is no restriction on the number of prod action and processing Facilities allowed. State law provides 1,000 foot buIF: rs between licensed marijuana facilities and several 34titirtive uses, including schools, libraries, and Fub]ic parks, but excludes trails and r.Ir.:. ti's Iped seliool or library property. The ''.,;,/!--;1_.C11c''.,;,/!--;1_.C11 enfoi u the shite buffers through the state iicer wi k lir ;w.e:-';. On Jarl:ary 16, 2014,�1� a 71'ashivi4i.:'ll t. e11.a-,t! n.w5 1"L` l:.l ill iI1:iC prrf5'rd'(l opinion was that luc.tl „carr: not prck;-,rnCc:rl by 1-502 Iron) acl�;l,nns !•„.', L ttl:Iri I ul[I restrictions on stale-liceiii d i_`t'it' ['.1.'ii 1":Iarijuarm a cs. ilii' L ity's `1utfc.r- ,1 r:° in -r[I,lil.imi mandated butlers and are .cr.t'Jrec:c::1ti' k1.i. illi. All rnttrijuann uses remain illegal i:ricI :l Inti Ccd,21.,:1 C:i.rntriillccl ` tthstan.„:cs rlcr, 1 Ic v,o'ci, llrc' t: riitcd State Departlnc'slt r f.lt:s[i' Iia- rdlua-ell :r pt,i cy: 10 Iii}_ Ili ccrit 1ic. ii. eti In1:ri ran;l pr=.:t.idr..I'3 ill slates which have lC:!iilr/.e[1 !nariji.an,t bite L strong L.nlllr4'L';[+-:I11 :II id rc'a.,ul ac' v * llt'ri14. i• b:rr'e?.cerr irti[ri rtfridl[d 13cat:i:C�P•�Jiri7fr,� In 1998, voters approved d10 ntciclii.A1 use of iill:tt{'.1 in SCU�C. In 2011_ the asltirlL,ttoi' Stare i.L!.LsIatrlrL :!,trite i1 :Il•rcr.;'I:,fill::. t,,s .It: ri 1iiL:ul Ir�:il, Iksl;! !.i'•':ti that would have created a state r.,4 istry For paticn n['. lt', :.l i,:ea list}c [ . trI•.::, .11dd .:74.:111!.'.7.11 The Governor vetoed al _L"t'.L711: r-,'.Ifhied La the 4r.lLL :i.i.t 1 l,...1:: " ,1.iN,i,:r:t 11 confusion rind leavirT L_cjl'Lt:L:tiv.2 gftiJc`ns [r`; the :: il.i Ine:ms 16r ;:•r'.i.1trL;['I;s ,ii 1 .i.:: r,,; Irlt ri•_::I marijuana. The City Slid Iri:i reL.j.iintinr.s at Li;:' lr:liti, l -n issued I.I IIL': 1..1':.,..‘,;!1:11::,I , '. collectives, provided the). ‘).•eru located t:t tl LUTIL' V4'' -127t '!CI i:l `'.'.1 ti r;L;IL ;.ttl1'ropri11ate. Ili'I: ;ii-� :,E. 1 I.::l',”: ,' s:.:'1 '.;','CI VL1-y ,1"ti[_n;�r �iiid 5L'1:1r ii rl':.kl k-j.r:911;,. 1-502 and legalization 1)I re�'-c,rti:,n.il rl IA tt,I:l,,:.,- IraF I 1 - regulatory regimes — a licensed. and regulated rzeneaticriztl market and art unregulated and Jitliccstsect rrtl dical market. Lrt 2015, the Washington State L,er,islatiire passed major changes to existing medical rttarijuana laws in an effort to reconcile the medical iiid rccrc:1Li3r•,al marijuana markets_ There were two primary brills pass :d as part of the changes: Second Subsiiautc Scrialte Bill 5052 (Cannabis Patient Protection Act) and Second Engrossed Sccorid Substitute I4lolt,,c Rill ?116. 'rhe major changes included the following: Recrr,rcrle / kdical afrrtRetrealloo 1 Maryiraw +tfrfrkces Estalishes a "medical rttarijttatm endorsement" for licensed niarijtrana retailers. This crndor er[tent allows a licensed retailer to sell rnedicinal marijuana to qualifying patients and designated providers, • -rhe medical nl:ti'ijilati:t endorsement cl[w_, I101 prohibit the licensed retailer from also selling. recreational marijuana_ + QL.talitl/iti,g patients and designated Sr -it ell. Sr: to s marijuana tax when purchasing medical rrr ri tl:l t ' f•r tm ictill..2r with ai Gtiec'.ical rnarrjuatnrt endairsemerai. + Anyone over the age or 21 may 1,•:r -::I1.1!;.7 any of 'Ilc :t-.ar htiatn:r Sold .ata retail store, crirctic:ss of ulictlier it is °ii 1QJical" tiii. ., ,:rt�d ru .is i,'l l:an[ [far:.juuea by the Dtparl1riielr. [ f I I::. IAAi) nr "r� re,ir,ictti,tl"}. rim r'::.?. ;uirho-I/:Ition dill ithase that qualify: r �: nt;,1,:1.:* I:1 1 -1 • ::'.I�'rll, a.:l,_ ''rti. i ISI s its •.,i d_t I: rc tn.�t7iti, , , :t rlti that authorlz.e neem to purchase IIil• I�_ it ttC�1:',IIIItl7,l. It.1SL heopctatiorial by July I, 2-016. must cease operations as °f lluly l 2016. 4r ▪ l.i'1= t',ust t•ec0s)sider• and increase number of retail outlets to accommodate medical tricrst :!ci'ulol, mcri[ based a alica tio:i process for ri::w retail license. !mist Iticdiica`llrtsarijuan. needs. ;� cstrict tial: LLC t:-.In'..`r +..:!', 5 511-[i11r lirl,lr7:1 t ti'ii ictI rt to beady lieuesed marijuana I3rueessurs(It« horic lite' t t�pt}:.3FLrtr;e.5and SliLvent;s). I ctai'- I s Ivo.° tet:.t;Ii iiL t -)r h\ drive -up windows. 1'. [:1:3115 7L:5 ,1 tr°I IiwlltYrl:.CI ,li :ti:t:' C for COM mon b tweert licensed facilities. _'.Scat ]litillCS .i r'tl:; iTjil'.a a I= Ii.`.{,. • Allows Ii 4s,;t:'.1 I.. _:i otters to research este nic; l potency, clinical inVc51.'. L?t'.l•..i;S into arid el Beaty and saat'ety of administering ll,c�l:�,I al . ,Irltl.:il. ,st1:1 ?c'. corriu4t „crtclrni4 car aur li:arid research. ,:..It,lrl :::i;_.rl,''c: ,I'. 1.11t ; r1.`It1! •:.ts of Iger ltcc;ti+`c. processors. and retailers providing Ii;`-crise t;ac Iitc1Iities ars n iiirijuaina producer, processor, cr r�rl�'sltC;T. .i��eJ .1 rf,'� �.r'F.i—i:F:�4', r•.'ftt` ': I,i .r: lst 7, ri.7l IIsi. L.:I,7:11'uC1 '.! I1.;.:t,2C. [I1:rrllHindi ..L',OlrCITiJ. e W _L Flay be , , I1JLL I:_: Ir al 17;:(1I ,"t:'iIt''3'ni'I�;ltte"I.; ,:111-107 I,c !,.0-._;:55_76 .kill::. r, r.7IIC` of [rtarilli•ii a I 't,'_'.{ut' rr reel of ▪ l talar?I.Itgi,t, r:,.t al. JI wrl :`lilts cars „u'.,°I I`ur•I c :µr!:s I';'r I. tr:msil library, cir :i: 1!:..:,al)le gaiii<` arcaiie. Page 4 of • Cooperativc 110crAio11: regisi2rod with the li.k'SLCEI. • 1 I[I• mos..I. i Of the participants and only one .111 9Fl1dV ill-.1.‘,11; 'Ili! C,11.1 tnoly ukit NcLAIlity and traceability requiruments for not considcrcl ilur,e. 11).:,tii o 1),.1:Auess aensc4 or Nt-.-ey not locatcl.VilOTC F:. :1 HT:: .;,yr paTvisiort. rtioaA; child Desiglialee! !-- 101,06altli...5T1 In)111 - reeopition card crib. [c...3 into Ow database are necessary to - .Aillounts of marijuana listed on authorization card. yi) Ii nlant.. in house. • F., [,...2r housing no.it re.p,anicss ir ILL hro--dr4 TI.v.2.(0 pkyht) No bc r lin Cr Iii 1„..:1 11 pii• !L. prop..:7( F. Iift ,v 11 1;y.trwpol1 Fo/ provic:c•r_ 111.0.v hi. ivtic..1. '.11 L!. L,/ And cour-ticiIi i.iiihority to adopt and enforce 1:.!:trij1c11t. _ •L,. rpl iY iiiIiiu for riaticnly, aid designated priders by -3052. - ordilancus rc-tioc;oilf he-v.,::::11Hi1ihc asci recr.tat]on arc.akie' which is 1Hhl: branc..-... P.:11 I thOSC: .L'f.° !rcri 1 1L.1 11 iI.in 100 111:1. fltdCd soC:i distance )....111 not riegalivciy rAiP.:R.1 Ili: L:1 ic) i :.i!3FOry erifoirCerriCrilt, cri'inirial Law hc;1111) 1.,01;0 • Holici.; Lc) L.ciwols state feet. - Subject to any rules adOpted Liy (he WSLCB, And iicl)pt an ordinance ..,..1.1cer or proGossor 1re11 i:2, CL 1 'N11.11111 0.11:05 use Or rural 11.7:€.7 Wi[11 1:11111EILIM,7‘1:,..-feS snia]let. J3Fjj! "i rart of the SrAc. 1 :Iv, State muit ipwrc::•.:-.4c thr.i ntrub..2r ra.:11,1 for the I1hnl,c11 Aricrp.,2.ncyr1II2ciLiiii., tho VtiSLC13Iii5 111c;itci icd t0111 iiIL [:t :1;1N 11:.!i. a[loctiled rutiiller or stores in 1111 ity ao.: ihre:e 011guir !cc lit the evi.T,: 1 nioralor11.311. i 1V.:t1 and the City ailowsliddilionoi retail Niurc:.lIie .to six total stores, On Septeiriber 23, 201:J,. its 1;:aor;:ycli".:•,.. Rtilcs 415-18, ...Nnicti antonz, n [her things„ provided for tLi'NV Si .CEI to begin acLcr r.r.fiall license applications beginning on October 12,2(1 15. Vag,: 5 cfrfa TItc: WSLC'B recently released revised proposed rules implementing the changes from the Cannabis Purtent Pii.rectian Act and Second Engrossed Second Substitute House Bill 2136. Those revised rues in i,rl.. l;ur are not limited to the following provisions: - Expanded definition at` -licensed premises". - Removed requirements far °Mr. Yuk" stickers to be on labels for infused edible and liquid products. A different label will be required. - Added mandatory signs at the point of sale on retail licensed premises. - Modified Fiat enforcement provisions to clarify that persons operating without a WSLCB I icease will u� iss ;:+1.tnnI�:cl. - Added language regarding authority of WSLCB to deny registration for cooperatives that do not the W'LSCB rale raquircrnents. pc:r 7lties so ([oat failure to address rrmnretar - penalties for two or mare violation notices° ire orLL p.riod will result in licensee cam:elkiuoa. . `.}r.i[1,2J ra::naltius fiir producers and processors so that all penalties are monetary; product will not be dos._ 1-0_,„..0.1,1 ;is a pe nal [y, The WSLCB final rulemaking is anticipated to be complete ire late spring/early summer of 20I6. Further, the Washington Department of Health is in the nalemakiing, process, but has provided through emergency rulemaking that in lieu of" medical marijuana", certain types of inrarijt-rna will be "compliant" marijuana that will be subject to certain testing and which:may contain higher CBE) ratios or nigher TIBC rotic s. Other than one particular variety of high TI -[C marijuanta, orayrarie over the age of 21 may purchase any compliant marijuana. In discussions with the WSLCB_ they have indicated they will not consider any differentiation of medical retail stores and recreational retail storks, but will instead simply considered licenser:I retail stares. The Department ofF-iealtlt has adopted Neral ra[Iez. requiring any retail store with a medical inarijttana endorsement to hove a certified medical marijuana cortsnitani on staff Final rulemaking on the other i,spccts of compliant marijuana and the medical marijuana authorization database is anticipated to be complete lay June, 2D16_ City Regula/o y & ckgrottml. In response to I-502, the City adopted perrnaneiit regulations on July 22, 2014. The regulations, as they now exist? arc set forth in SVMC 19.120.050 (pc: pitted use matrix) and SVMC. 19.85 and provide as follows: - State licensed marijuana production is a permitted use in Heavy industrial and Light Industrial zones, and indoor growing only is permitted in Regional Commercial and Community Commercial zone. - State licenser] marijuana processing is a permitted rise in the Heavy Industrial and Light Industrial zones, and packaging ani labeling of ora a.10,1c rrurijunira only is permitted in Regional Commercial and Community Commercial tones. - Both production and processing uses inaa not. I.r Ic. i[kh[I viii? 1,00D feet of City 1-lal1. Centel-PIrtue, vacant City property (other t1. sno, zry'vatcr :arrcf p.rl7li� I i? 'rt, -anal ar ret n library property, and vacant school prcperly Prialtrctic'ira and pror:: sti;r;,; may 'tu 1 rttctl .. iilei:r 1,000 feet of the Appleway Trail, pry,ideci 11. r,. ii is it [Ire :_Iiprcrpriate 7.0 rc ,;it'cre ;are Lcw Regional Commercial and Community Cornnaerci i zones within i1001) beet :71` clic ;%.IapIcv ay Trail). • State licensed marijuana salmi arc permitted in the Mixed Lisa Garter. Coriidor Mixed L;e, Regional Corraratcrcira!, and f.,..:011in-lundy Corrrrnemi l cones. Page 6 of 8 - Licertse:d retail sales may not be located within 1,000 feet of City 1-1211: Cclttc:rl'1ace, vacant City property (other than storinwatcr and public rights-of-way), vacant libt'ury propetlly, vacant school property, the Appleway -frail, and the Centennial Trail. Further, after the passage of 1-502, the City saw an increase an the number or collectives (unregulated medical i iirijttaata] seeking, business registrations. The City passed a moratorium on unlicensed marijuana uses (e,g., primarily medical marijuana) pursuant to Ordinance No. 14-021 uu December 9. 201.4 to allow the City to detenrilte what action the State would take to reconcile the mcdical and recreational marijuuna markets and to develop its own regulations. In response to the WS1.CE's Emergency Rules nn September 23, 21715 (described {shovel. the City adopted Ordinance No. 1,-(.117, which established a moratorium on mari :iw4r1tic11 by the k'SLCB in order to allow Lite City to uornplete the consideration, clr,:><•.:lopire.ro, aii i trloprion or its regulations without allowing additional licenses t0 vest or create pat:r.tr:ill-, silt,! iliconpatilale uses. The moratorium did not impact existing marijuana tisei which Iiud al!LagiIti Li license frcni the 1 'SLC8. t:-iowev'cr, it will prevcnt the City from processing any alt l,IicaIic,nr from _.:1.::'. t ves which wish to receive ;i retail license from the \V S1.C1L- Further, the Inoratori'.tii- cI: 1 ii i i:nl:a t ; l[Ii tiume use or ccinsumptiort, This proposal sterns from a requirement originally adopted pursuant to c.rdiii.ilicc No. lel-021 and subsetlucntly also Ordinance No. 15-017. Pur'silarit to both ordinances. t1l2 _:itr cscabIislied a work plan to work through and adapt permanent regulations for all rriarijuana Uses.'this proposul coirstitates the permanent regulations required pursuant to Section 3 of Ordinance No, I4-02.1 and Section 3 or Ordinance No. 15-017, B. FINDINGS AND CONCLUSIONS SPECIFIC C -ro THE INIUNI1C.l.PAL CODE TEXT AMENDMENT 1. Cum pliance with Title 17 (General Provisions or the Spokane Valley Mtrrticipal Crile a. Finding: SV;v1C` 1 ;.';'I. i'I 1`:nii,i i!i!tl C:.c10 Mit r'S.r17c't1r.'.t i:rnl ." pprco.71 :`rtcria i°. rhi; i..1mil:111II i ,5i1�:"'EX! iltncllc.lit-cllt. ''. 11 : ir1Lti that (I 1 i li:::: L1xjsed te;•,1 ,11:y:ud!11.;nk :ipillitabk (.'•:?11i'..I.ti:herlSiVe Plan; Staff Analysis: Elie amendment iscorlsistentwith 1.1k-1, L.-iipr, lti.o,i-E I'l.1 i Ir„etecting residential areas, protecting commercial 11S 1. iIiiriurt.r:" 11 i'•}lu and iisi••tent regulatory environment, and promoting ;:;1:1lEtI;I il_,' l,t.'aec11 idjucent Lind uses. Further, the proposed amendments of residential neighborhoods by prohibiting cooperatives alae lirrl:lin;. s;ccorJ.i . irrrpacts on survouncling properties for any medical growing will.io residen_i:11 ,°:,,i,c;• through cotnpliance with land rise and building codes. Relevant Comprehensive Plan goals and policies arr s.1_0wrt below: LUP-1,1: Maintain and protect the character or existing and future residential neighborhoods 'hrough the development and enforcement of the City's land use regulations and joint planning. [:1 `P-1.2: Protect residential areas from ilrl''tict3 ni etijaccrrt n{ori-r4r cl: r,liltl uses .d11rlr01 1111:[1.21- Liit4.11Slt]' '.:illi 11;1' ll ti t1;c ;1t l'c1{1tk1i .:ill !:l;LI 1.:Zit.i2 I_LlrtCllt ..t tI t City'S :1r:il ll:=t reurrlations a t'.oint plinitnt!,. kind USC Ursa! LUI'-1112: Encourage a diverse array of industries to locate in Page 7 o t' Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency. predictability and clear direction. Economic Foliar IDP -7.1: Evaluate, monitor and improve development standards to promote coiiiputibiIity between adji ceitt hind uses' and update permitting processes to ensure that they are equitable, cost-effective, and expeditious. Economic Policy EDP -7,2: Reviedevelopment regulations periodically I{ ensure clarity, consistency and predictability. hlei.thorhood Policy NP -2.1: Maintain aid 111,': C:r [itr , 1 .1 r„ t1 1" .isting and I-I41111-�> residential neighborhoods through of the L 'i1w' land use regrilations and It7[nt planning. d'':. The prop,oscci aniundrneiit bears a, substantial 1'LI.11.1.'0 1'111111'.. Ilt:.l1:li. : Co.,* 1c'I:1�u, Enid protect kilt or the environment'. •1tia1ysis: 'flit proposed Yini411dltrent will :ltln:'.' collu„Iirutcc with slat,_ I s I rt l' [tiliI'g state-11cepsed ret rentiorial and medical I! -:ir j IR!!1;1 I1ntii[' "tiS :t -,: ciy::rate within the Spokane Valley while 4.:JcI1'altl'{ '-t1t.1'• llse tion, .!i'S11'Itl;.:,i 21lsitive uses and the City's existing and Ifltl.re I'cSidontiiii uses. I urillLr [!: do..c.titnenr will limit additional adverse impacts Irc71u new Mac 01 ,: isting commercial uses. 1^Inully, the propu e4,1 :t1.1&.intik'-lit t+'ill 1]x;.11+'•-[ r -: ,c,,iJc:lti,.l character terIesideritial neighborhoods. 1.,11111:d 11sitill j: rt r• r.,= lut':tl :,'115-i l4.;11 .. r: .0 l ;:. 1'l: '111'?1'[W:Li :::!1 is c ill ,i,l .,.i 'I' Ole SVMC. Fint.li tt; and i,lint:ltlsitrn; DL 11ailL' fl) 1'It.ltl' [.11IYinI .'[1ts a. Findings: No public confluents have been received to duce on the modified proposal, h. Conelusidlnls Adcgu:uc ii11biic r:1IIdUcted for CTA -7015-0006 in accordance with adopted ptdllie, noticing pmceclures Finding and Conclusions Specific t1l Agency Comments _ Findings: No .igeslcy comments have been received to date. b• Comet r.ision( ); No concerns [Ir_ noted. C'. OV.E dA.LL C(}N :i_i SIGN 1 .1c proposed G(ll:' l =il ;111C.11 IS 1 i ,i,l,:;l ;1L:rI: L`.1 1'• HIS; r'['Ir`?prI'.Ilc l'151 ' `�l.lii:1 11i1i+cie and goals. D. STAFF RECoMlI!:NDA i ION Thu ?1.lnninu, I)ivis•t)n, after reviuw and csinsideration of the sub:IY.r.cz. 1-1:1 Id..:11, 11 iuld applicable oprlt'v:il criteria. I711iI,tis 110 rece!'nInL1'dar.lt1ll as to the. approv,ll '11L; r. -dated td) 111oalued,-5:1, ret'tr1 sales a71 stma-licensed recreattt1rr1. marijuana, and land li L' '11101 mice medical mart t.1111a 111'l}ill,'titt'?11 :1111,1 processing within. 1I. ICi'=1111.!1 fi'[1L'ti_ exct:7t tFiTt 17'r'p115•.:t1 :1'11Cnd[ricats inti '1 il.i t.: 11 ,':sill 1.. 11iipreI1ensive Platt nod icie.s rind roals and !T:cC:t the UtI, ri_t .-;12E It1 :11 iIi 8Vt 1C 17.ti: row!, 8 of 8 CITY OF SPOKANE VALLEY SPOKANE COUNTY, AV ASHINOTON ORDINANCE i'tiO. I4-Il21 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE, COUNTY, WASHINGTON, ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF ALL MARIJUANA USES OTHER THAN MARTS ANA PRODUCERS, NLARIJ[IANA PROCESSORS, AND PrIAn.IJtA 1A RETAIL SALES AS LICENSEE] BY THE WASHINGTON STATE LIQUOR CONTROL BOARD PURSUANT TO CHAPTER 69.50 RCW AND REGULATED BY CHAPTER 19.35 SPOKANE VALLEY ibivNic1PAL CODE A O SPOICA.NE VALLEY NIUMCZI'IIL CODE SECTION 1.9.120.O50, AND OTHER MATTERS RELATING THERETO. WL-IE:LEAS. since 14741, federal law has prohibited the mdnuFacttrre and possession or marijuana as a Schedule 1 drug, based an the Federal government's catr:;;arizaaion cf marijuana as having tt "bier potential for abuse, lack of any accepted medical use, and absence of any accepted safety far use in medically supervised treatment,' Gorizales ti. Raic/7, 145 U.S.. 1, 14 (2005), Controlled Substance Act, S4 Stat. 124.-2, 21 U.S.C. SOL et Nog; and hllivREAS, Iniliatit'e Measure No. 692, approved by the voters of '.`'..-ir,ingtan Slate on l�c;bci,7h r 3,:' 98, and now codified as chapter .69.5 IA RCW, created un ,:e e•nse For to the charge of possession of near ii uanE; and W1 I RP.AS, in 2011, the Washington State Legislature considers:. c:I.d I.a3s- L.`_ -.;SSB :a `E;' [hat. authorized the licensing of medical cannabis dispe):.0 ics, 11eil1tie5, ..ricl l:;c:,essiuti raiilities, (2) permitted qualifying patients to receive GL'Et.riii .,nra:„{;r r,r Tor n •_l,a.r, cl. I_tirpses From designated providers, (3) permitted c0llectiv, ;,rr.lc ns l,_ rr7 .lit_ i:,t� _, lir ❑ls tl: consistent ',villi state Taw, collectively grown mii.lOarl,! 9',, 'heir rnvr� rise, ('I) t rr,lir l :li,tt r i.iprt were authorized to continue to use their zoning Autl,,; ii :w1q:lapr❑duccior1, disiavrisirrg cif marijuana under ESSSB 5073 and ch?uicr "'l :art RCW their and vv.`t ° i1-i.REAS, on April 29, 2011. former governor ChristineC ..Li: y vetoed tate portions of ESSSI3 5073 that would have provided the legal basis for Legalizing and licensing medical ctitrreabis dispensaries, processing facilities, and production facilities, thereby making these activities illegal: and WiTEItEAS, on No'vernbcr 6, 2012, voters of tate State of Vilu'Irilt:2.1-.on ;:pl,r� ved I•,atiativL Measure No. 502 ("1-502"), n.ow codified in chapters 6' .50, 1G.04, 46.20..1 2I . talo-16.6is„iI Code of Washington ("RCW"), which provisions, (1) decriminalized possession and us;u c,r c rta.r:i sr„ r.}r1nts .7r marijuana and rnarijua.na paraphernalia; (2) amended state laws pertaniiri inherence of into' is eE,ts to include driving under the influence of marijuana; or, r story, system licensing producers, processors, rind retailers of recreational ntarijttan;! ',, �r age and older, and required the ).Vashingiort State Liquor Control Board (lite '`l...:l; ,I A:1u,,.1 Ii.:fu i urns and criteria by December 1,2011'3 for issuing licenses to produce, process, and s::IL ,,e;rr dru, r-.:iiul WHEREAS, an August 29, 2013, tate Lnired Suites Dcp: r:Ekte: of providing updated guidance on marijuana enforcement in response tri tal-, r<1 1 50=. Several ongoing federal enforcement priorities were outlined., inchu.dirrg, Pi,{+w-i.tio[. or ;:rinw :end preventing distribution of Inarijaana to minors_ Further, the rncino provided Dep.=rt,nci,r '..could not seek. ortgoiiag prosecution of marijuana I7rovid tis, u_crs, ar..J local officials in 's:.ire marijuana, provided that those state :enc local governments "implement strong ans.1 crrccrive regulatory and enforcement systettts that trill I.I I[c•.ss. the threat those state laws could pe`s2 rr. 1-ir7liY solety, public Ordinance I4-021 Page 1 of healr11, int_Y 2 (3. A 3yst:m adequate to that task must not only contain robust cpn,1� Ii ;!.I1d 1 rr ;:Laura:. .Y I`;11±".• 1.17 L1t:5t :1 he effective in pract:cc;" and W[-1ED.EAS, the LCf? iri . itil.::F1::;11v 1 a conlprclu:nsive regulatory scheme for the li4ensirY :'lY'�1:'t�•:.`iY' and .vi`•.-'rc•_-,Tne It o tE:1iia production, processing, and retail sales :dor, u!1CILr d,Avter 314-55 WAC; and WHIRJ AS, irl ";:'1 tit; ,''.'J, Iiiiw...+IY !star . 1 .,.•L•;C.::_rILL::':In::i :4;lt;a!, i:u; did not ndC[1L ; SL ]'$Si: that would li." lIi_ cc. n7I:r licrk.iti _` cheme Far mereatienal 11jr1rijUllIial under [-502 and the lack rat 1 t�u`..s.er, ::.e.a>;, i7: „n corirr;ls Over medical marijuana ttndcr E.haptct 69.5IA RCW; grid WHEREAS, the pu_;scs.;icir1 ircitica[ marij'.ianti, operation of collectivegardens, rid provided by daii2natecl :39:11',r'itJ ts; ' c nL:liri ill.12,3I under chapter 69,-51A RCW and Crrr nejr.'L:.•Ir.'el Craal!!:011 v, Oiyt of, rrrt. !NO ti4't'.. App. 455 1261 4i, cert. granted, w.111 suck lcCi''itiC5 only er':tit :ri! rL s:r arfIrntativ'e di Rause; and 'l 1{ER1=r'. R '\1 C.A `iii .145 pr.:3.1iiLiii tlu; C+t _:rlJ1 '! •tet 1 :}r:'::k;•t;e containiEla t77ArCIu Tri `, t15 $E][ti :TlilrLJlia.na, or a rn; ri111;L•11-111[ ;al 1.1 :E+'U I, t'- .:+1115L11i1:5LSC11 Qt Ira:Juana, riquatirc Inarij a1la, r'r r7 ,rlari.9lirina-initr.sect t odiaCt' lvitlur; L it'•'; rsI 191. t.:''I°. .al public,' but t] e5 not otherwise regulate aperaliotl •1l' 3riy fJt'l' tl_" 1S1,Itiivrarta colic-++ 1,1^+tica 1;i iILt: -..-.aping" c'f raurijtJ1^ana extracts Car oils, or outer 'Ir1Iiecilst:rl marijuana Dr. 2t',_t1017S; ;ili WHEREAS, 1Jnlikc recr.,=:t:".... lig:_ ',sod marijuana p;oductia]t, Lader chapter fig `'ti ECI:ti'u. :,I' -,'1. r It' lriit . n:', u545, incLudilzd T:1edic.a1 r1:r j1.1,1:.i 1;u inesses 1'1t_ri; g t]riVBt�" f1[iS'Je1 U:Cri or 5'i'[yrr61' 1C1' .i 111 1:iiaCensed marijuana ;1:-W i:11 -L' 111atdd and al,;; ri4i7 LJFiI CL i:; r':ti'^=':'., .IGyfl.S TY',. ?I '.:,.i '. r4 :'tcilt by the LCB; and y.'t'I ]:-..•;.. L."�4.5. r;Nc Vb:i`l:iiir' IL '17 LeliSlafura. is likely to conSidi.r lid. ;.�l ,l'Yti:.•1Y i'11 ":II;E:rt ',17:Y:'i :i1;I17 Ir: Old upcuminc 2111; I-gis1attv'e session,. but Or. Ciry cannot Clti[LrJiLL17'. '..i i. L11slt !,:.,i;.;:,1•,-, } :t :, . ;,rc•. i• -I a:,r. when or if it will he passed; and ,•J [, 4',i f"r`1 _'i IIY::. ,.I t' i!I :'-iE +L 11 ice: 1' a1I';•v L'alic'u have iitfani i !' ., t•E1vL II',;' --`_it 1':tjlt, 3 L, I.1 :5•'L 1 J'_r 1J.I}1 '. I; it first JO of those 11F: f'.`'TL,' T7C:r ,+.y :`ICI'_r L L Ll:'.r' l,! 2 :Y!iCj Jul) , b _ ,l I rh'' Citi' adapted O:dlnati' No_ 14 I}',,l!i(:tt cs+<:I:,is rcLl in C 1 tI7tE E ;".l L-•1' r1 i:,,:'r ll; , ...1_:; fe:1j1 ,15 a1 Codi.' {"SV[ IC") e'liicl SV v1C : I .a 1 r,;l?I.IlyltiP115, T_tL"li! r, ;.iiI1^rs, and ril 'r HE!' producers, pro' este, r' . '1't., r::1;; 7;4:11'_ I:, '_:r:: it Under ?['lr,'- _an[ +'.111411 <IPar r , -i ".II'..' t''ll "tt marijuana '.r w?: t k:.,.`lwr 7S, to CiIy had at least 18 i i-:[i•.:EI-alarijuana rclat+:d riislnw�sCs rt r' tit <•1 '.�1 1711; rll t.k 'l1'. r} Zti'L11:17 provide marijuana outside of the 1Tet osiI1g, r";;Llatioa, r'riforc.1'_1, cut of [I:;: 1 F 1'i; [10ViC i'I ��41.;1:1L ;?r'v licensed rtoriijuacia pro2w.":ars. Raroccssor,, (}r retai. oL tIC1s utldJwr c!I:1 't r G(1.5 1 I:;'C5V.:lrri 1.E1ne ofh::ich DIVSubjeet to the City's regul:shim under SV),1(' SVh'1i: 19. i 2.1.050;. aa:l \Y[tFRE S, p17 +l.ant 1') Art,cle 11. Er_"'L r r 1 of thr C'ijrysiitllt (r7, the City of S!ul -1.i: ` ;:itlL"r is atrthnri; Ct1 1L. "nihil;' and _n!- w'illii,I i1,; I nli]r :III SLiCS t,:lice ro:;Llati}ns ii irc n•st LI cc3.111ia..1 ',i'I'I "':n rail '.st s �a'i1i'l, incl.Yidcs ilio` ddopticiii cif 5ai, VL l IIin" I CCI. iS:.'s '1.ithi~ tltc C:i13' � ari �- U ki S, RCW 16.7.11,',190 ,:d.• ir1:,t. - 1;y '4'x)vc niTtg IOd. 71!at ,::1•.;1i1:: , G'[�C-lel= �'a.17:c''',� _:, thud. "A G!: m )ratnr:uIl1, iructrin zoning ink), interim zonin crdin nvi , ut Ordironci! 1:1-':]2] interim i)itic .,11 c1111t:-c)I 1ih Jt IY0lt.iii i a 2af5 public hearing on the proposed moratoriums, interim ronitlg map, interim zoning ordinance, or interim official control. shall hold a public hearing an the adopted moratorium, interim zoning itsap. interim zoning ordinance, or interim official control within at ileast sixty days cif its adoption. whether or riot Lite governing body received a recommend;ttion on the matter from the planning cornmission or department. if tho l'4r!r'n body does not adopt findings of fact justifying its action before this hearing, then the c.nv.,::roing body shall Llo 4+,1 immediately alter this public; he.iring. A moratorium, interim zoning map, iut'ariitt ;•:Gillis!, grdin;ilicv, or itlrcriini official control Yidopted r.ride:' section may be eincti~.'e For not ionfr .r than ;i': months, but iiu:ti i.c f tia:: }::; 1 to one year if a work plait is developed for rAleted such a ]cL cr period. A Ln :•r i1 . fi.:llt i it:rlt: !ling Chap; interim zoning ordiiuu1ce or li1i i l�1 C[ c 1 riltiri_ l may i}Y: i ct7e'" (d for tin,: I:l. [ ;i periods if a subsequent public hearing iS held and tlildrrr OL' tact C;}6ltl ['I 'I -.. .,..:'I I•:°° :"•'•'Cil ' a:i ! ]T: r:. "+ .:.!'°..[V _'24 and/or RCW 36.70A.390 is Ll": 5"+".11411 IrY',1I :Lt",W pI ris aid regulations w i flet :C reLndr r -A nic:u' by init:rye n:[[I , d-zvelopi11C:it; ani ;,\-.:, 5.21Q ROW R ;',_ .:w-. `it7 bath authorize the eilactnr[,u of a 111or;i!Ci'''i!rr'. it r rF1:l 'e:',Ji:16ik', Cf:i' 11t':r7,t11 Zvt71C''-. ijrt iiint'spa 0' interim official contrail, prior to lidding a \V:'+,r', ',97-1. 1 • . 1.1w Qr this i rcinatice is oti ail �t Ironr fl:i l'•.. l�,i ll'f ^:r.�,llf:, +": .I 111(�sl':1 '.' chlt.'a'Itlirlo!io11 wider rhi. PQIICV AO... Mid %WHEREAS, the 1•ia l: ,._-i:!-'.LIaatDry 15',er;;.t :ti ?::[1 over lllill t'ii''.CL[ nlarilUFt l:! , medical mini ivi.tlia co11Cci ''C i:id::r..�. de :2:I:ltt!I l;+l-OV::1411'?. aril "prL':cIt [17arlju4.rii1 .':1i'.rki.ei Ilial is Inc'r:tihit_l1[ : l}C1 FCI•Leil b_ '.I.'- t CB ,? I allr u s irsl:l l' .S5 r ac.,.. -3;;;;;;[;? 111,11'Iill:ll!:17+ 171111 71`:, :Lr ;I �} Lri�[.iC"s' .- !:sL lC `.I'.;[ I.uLll.r, I1r;:11ti1, oL Ulu -ack ul i,,,.il;ttiirr 1,':'r'-i;'I[r .l;.il pi,..eillial I .r abuse; ;!rid •.t?I ,' :11 1\;,:r,;:[.1l,trr• , :1114, the Citi' Council ,:idoptr;cl its 21115-20C 7 Legislative tvllcli 11: 11 ,J+_l: Yli 11: i; '-Fait':1: Ll 11lr: ..IL's' {.7,0j/R., , tii•r1C l: ll 'ti'[.'rl li; `-Sktppri the rue il4;11l.itt!)11 tit 111:t aril lflc'i1:4:at devc::npn14'm of one s','sr•Jrii dun i"+`4?L.'I•j [E''_rll;Ii t11''.c;.1 :111':$ 7'.Y-:c:iii:,7rial elintination cci medical rilari,juan[ij, in �wl:'[,','°.11 }e: ',M•.',: LI Y` "St:pport State rq,',cgrulraitionS vii:llL'11 C •;e r°,;'7.ti '•`�It illi ;.0 rr CCII ]r'•ijF}lel:l l'7 ,1` VapLnrg, edibles, oils. and -pi i vale- cu nsii L➢tnliorlffacilitieF; and under Lt d llrSCssirs:i aiid e i itit4I11 pC'C311 WHEREAS, additional time is L"'J- ; r] '7 :''i •'L" 11i {. d!',' L4; l tPii 4:'.LL i '-1 I;:lt`. ",!':(-nrcit Ls uln:ilyc ills allowa 1C `, 3itin , and inecu'S3i1: I:lir:, :,!!` :itl{1115 ft:r ilrlll Itit:'1 Ptt;ll'1�11111'I :;c, iI1:lC' �;?;i li lr'; :i[il l+� 1<'-•.',, ontl to determine what, if an.y, pritiS L:xl l)y the \.-.I".il.�!, It:.l �;,'-t':• Ls:Lrislittur. in Ill:' !Flicrlmi[tg 20l:i. legislative L[I _II i ,1patit ot-S:L..I1 L w; iut on 1 I1—. d marijuana uses within .ii-: City;;�tld l .i.l=.ti :. e moratorium will provide (ha Clay with ;additional time to review and amend ;ts IYu lilt Il ,'.IC'1. :i itt t'. ;gala welfare requirmer1[n artd zoniii am] lain -,1 use regillationa rel itacJ to the 1.`I li,.il Ic. lot :1'.ed (Li E _i i:ian of unlicensed Inaryjualna tees; :Jul !':asltinrttc,n Snug: I:i+�', in 1Llitiii RCN.; 35A.61220 and L C1V 36.21IA,3J'. i111t::"i'i;f"r; =`•',= r.'Iti;i ._l]L;)! 1, I I lrlrt':rli[i 1, p civtdc j i,Ci l i[1' ulriduc.'E a public iie firing on Lha moratorium vIli /111 '1{ :.:1 .•L filo?Ilw U .t'-':! :L1,101..tin +i1 t114` 1!L,.'.r;t4',+I'i'Ir1!, I1Cl WHERf'_AS, [nu iry. has authL)riry innratoriutr, eortcerning the cstabiishi cnt and ur}lrali•;.)11 c:f urtla.:ensL 1 ma iiiLina tiscs as a tlecassary it:,p-LNip !Pleasure: (1) to provide the City tivith fun niiirsirl.CC I4-021 Page 3 ofS opportunity to Study the isst;es associated with siting, and regulating unlicensed marijuana uses, including determining whit, if slily, regulations are passed by the Washington State Legislature its the upconiine 20 i5 legislative session and the impurts n; those laws upon unlicensed marijuana uses, (2) to protect the health, safety, and welfare of the of the City of Spokane Valley by Avoiding and ameliorating negative impacts and unintended consequences of additional unlicensed marijutll't.; Arid (3) to avoid app honors possibly estdbtislting vested rights contrary to and inconsistent with any revisions the City may make for its rules and regulations as a result of 1:ic Lily's 510Lly ,rf this matter; and City Council finds :lis+. ;;i I::ui:.['rrri[;nl :n;rvn,.d ;[nli established by this ;•{tIC'nC 4.", nuc:es arl' :ire..s,_tr. ?11'1.. .-t t:'!C l?I'I1iIa and pi.bLiG peso:_ Tr-ll1 C.?F'f', -1rr: rit;. r.�.:u toil I•titc City crk-:ains rL t :.zhkvti Section Ealjnittar++ l'indllts. The City _cum ;1 adc.p[s I[ findings of fact in support of this Ordinance. Section. hiflratariu Esl orJ. A. The City' Council hereby declares and la�}. c3 a ruuratt✓ri.l It upon the :SLa6inissina, acceptance, processing, modification or approval of any permit applications or licenses by or for unlicensed marijuana use. B, For purposes of this moratorium. °'tnlicensed marijuana use" means the prui7LCtian, growing, processing, rnanutaGtvritig. extraction, infusion into edible solids, liquids dr gummies, allowing consumption on the premises of, sale, distrihwiclrt, or delivery of marijuana, rrturijuatrtrt-infused products, e-htracts, concentrates,. oils.. DT any otl'e' rurlr, of product containing or derived front marijuana and intended for hurnalt use 1.-,y any business,:zsscciation Or Other 5 r. -profit or not-for-profit establishment, including but not Limited to collective gardens, designated providers. medical marijuana dispensaries, ,rn. oriole rr.ar juana "vat+in;;,•' smoking, or consumption clubs, provided, I1owerrer, "unlicensed marl u;ina use" stria I not include a -11r° nt,hrijllarla producer, marijuana processor, or marijuana retailer fust has received and holds a valid i:iarijuana prtlueur, marijuana processor, or marijuana retailer license tool file Washington Liquor Control l '.3rd .pursuant to chapter 69.50 tR.t:W and chapter 314.55 tii''AC:i fiwther, if a building lice":tit or ti4 irli IL'tlll:l'_ I„I<Iri' iS 1 n4uuSJ+t.7 in orclL:r for C to :iht.iin ✓ alid ruarijuana license frnihi fleet V/a Iiir.gton l n,,rcl. ILLI chatirc- 693C [C'. t: c may accept and process such 7enn-. alp its 51aii[y, Liquor Control Board. C. "Unlicensed marijuana use" d,, - I14" ;1:1ti; : ;1:'!; :li:i ii!cIuJk any pc:Nont:LI pos:t?SsiOi1 or LIS; • marijuana, rnarijur"liri:-infused produeis, n1Sr.jl'.:3,•;1 �'.atl-il.;Ls ['it�l 7j 1,1:111;x. 0.1,11.:1;.',IF,Ir'ti, rllairijuana. oils, or other form of product containing or derived ir' i I n,;1 I�L,;sn l .I;rl .11!:,..-.1!:it�:' i1LLI'.i:111 IIS 171' all;a 114r :all pursuant to chapter 69.50 RCV/ or by an'y q,rali , I:r0 l' l';L:1..1 t p. r':.;11.d D. Nulhiliig herein shall affect til 1}r:wce3siit . or consideration •+f any ;sal alc. nLly• submitted complete land -use or built !}e l:e,niit ,1ptica.ions t11:LL -:I>. provridedirnder Washington law_ 5[ ct uLL 3. W 'l}rk Pint). 'I'Itc :aIIoLs ir1 1'r,ar : 1a'.:+' address the issues involving the City's regulartion of. and Lit cs'.ab1ishaLera Lit rtAi rcenSid I:1;Lrlfil:lnii fisc=: A. The City of Spokane Vat'cy P'lattnilig Conaniiss!rin k 'licre il,' ,ilr[linrlr:al ind. dircutCtil tv hold public hearings and public meetings to Rah,. rc ive altrl ce:}r;icicr statenterns, testimony, pusitions, Ordinance 14-021 Pave 1 of 5 curd rather documentation or evidence related to tilt; public Itealtl;, safety, and welfare aspects of unlicensed marijuana uses. B, The City of Spokane Valley Planning Commission Ls 11!:r'by atitharircd and directed to work; with City staff and the citizens uitbe City, as well ull public input received., !..c develop proposals for regulations pertaining to the establishment of unlicensed marijuana tise.t, wlY'c17 rcgutations may provide provisions restricting or limiting unlicensed marijuana use up to and including bates, to be ferwarrted and recommended to the City Council for its consideration. Section 4. Public fearing. Pursuant to RCW 35A.63.22f and 16.70A.390, the City Council shall conduct a ptibiic hearing on January 27, 201.5 at 6:00 p.m., oras soon thereafter as dee nxnner Ia.w be heard, at the City of Spokane Valley City Hall, 11707 Sast Sprague, Spokane Valley, 992'J6. City C.'.'nnci! CLtambers, to hear and consider the comments and testimony of those wishing to speak: at reit` ;sublic hearing regarding rata moratorium set forth in this Ordinance. Scetint] 5, put .tion. The moratorium set ltorth in this Ordinance shall In i:, date of this Ordinance and shall continue in effect for a period of 365 days from ted ! aL r l ilii Ordinance, unt ss repealed, extended, or modified by the City C'nr,neil after subsequent public tet is Esq and entry of appropriate iluditim of Fact, pursuant to RCW 220 and RC W 36.10A.390. Section 6, Ratification. Ar.y act c. n..i L:, ii wi :. ±L.: ant °nrio, ti t Forth `iercin ._nc :mu to the effective data of this Ordinance is hereby roti.i.a.2 Section' 7. any Seur,ii, sen rcitae, c .`LItis. Ord in:;n!'� s:i LI I: held to be invalid ar uncomstitutianal by a court of in.'<ii dit. or unconstitutiuila.ILty shaIl not affect the validity or aortsiii L:i •r li;k .rt ,u1} alter , rtit;IL, sc rti nL . clause, or phrase of this Ordinance:. Section S. S. Deckar'l,�rjon of Pi��__nc:1F F -.r i:tc.'�t' 1-}a:e. Ti.i,; i)idiivince is designated as a • public emergency necessary for the protection of public health, Safety, and S.•=If-are and therefore shalt take effect immediately upon adoption by the City Council, Passed by the City Council this 9111 day of December. 2014, A T V S t Dean rafos,, s vest .. 2 1 ,,l� r --City Clerk, hre u Ageistitiaai t Age ''-- Approved as Fo Office ()CI ie City - ttorr.ey Date o' Pith] ic, tion. Dec etuher 12. 7014 Effectivc Date: December 9, 21014 Ordinance I4-02.21 Page 5 cf J CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.15,017 AN EMERGENCY ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A (MORATORIUM ON THE ESTABLISHMENT OF ALL NEW !MARIJUANA PRODUCERS, MARIJUANA PROCESSORS, mARtit 1.1N.,1. RETAILERS, MARIJUANA RESEARCHERS, ARCHERS, MARIJUANA �l' A'N. {z,4_.t. .5, D DELIVERY USES, AND MARIJUANA COOPERATIVES, LICENSED WI' OR REGISTEEREO WITH THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD, AND OTHER. 1vEAT1EL S !RELATING TIIERETO. WFIEREAS, since 1970, fc:ki r'll Iaw has pithibitcd the manufacture and pJssessiert of marijuana as a Schedule I drug, based Olt the fcc.cr;cl I"54tH! Fl 's categorization of marijuana a$ (raving a "Iligll potential for abuse.. lack of !Aso. rtrd absence of any accepted safety for use in medically supervised Ircatrricnt. " .315 U.S. 1, 14 (2005), Ccilltla lied Substance Mt, $4 Slat. 1242, t L1.S.C. 80: c'. 'r^rt and W1-iE9tfe'4S-1[14iali}"_Mclsi.FL; No,G£r:..byOut vntersD1-t� a:di1I tonSt;u. _I, L:t'iiiibcr itis ,' , LY i, i .k l r +�[:l.l;tlllt°714':' •13tr�^.IIt S"f .�- I �Jt`a. • n':1 114�.f ��1ai;it'r 1l5 cL•�II_t::r G.,`` 1 . I C.1��, .� �cit�c tuY tlfirinatl.•c �i�.�rls� fol' - ti trJ t1Yt of :l1:!tt11i.'i UR; and V11ER..LAS+, in 2011, the Vt, I1iI1 LDr1 Stolle L:,;i_l3lalr ' Oi'iSi 3�rt :.I: i �Jti Wr; C:.55S=, 5;:'. 3 nc�ll, '.u1iJ'1-x �'_.Il1Lr tllll tL,tii i.1) 1111 tor i7i:il t11,C ir�;;lYtil:l.3 it Ilt'=: Ci! ®;rllioOis 'lis! ..!rs'I L::, Ilrl•1111 Lion li :itlt i;:l, t1 [t41 11['JC�4:i311g I�,i. !IitiI , ,11"; l'CCltl:ttO L.".11'r, t''r:r'v; l}illlvlll'1 clJ Ii:4,Ci5'ti Cti:rt Itril[ElV}cl[li::•TT 1111".rla:.r;4[li1 i'.}t tll''-'.fll_71Y:11 pr-.4'iJcrs, [3) 1 011.11:10; '.11-r;[:I';.' 1.:wy 111i'..'v. :')1 I:.;( iIt •:5'11h stL.l: kii tllCiI 0.0,11 115e_. allit yr. Cl:l It.Li [MI CA1C.S ':i[LIt'.II';tl,'I��.Ct lV C'l:[:t',Sli , rn LESv tllCIf Zr)Ili:]+g* ;aLlt:lority to rG�'.IIa[: undue} ESS'~ -t3 54") X11+1 chapter 'i4+ -51.k E.C1k' ,5'i,iiir tI . it r4 pecri r• ;tad 1', ; i lil'.f,.�' 1''i' rl if .'-[' 7'11 1. Flrrner ;11.131:[t. ;-1.: '•.'11't .t',1'ced the portions o �S SU ' :1.17 .:-1)1_Ifl 1'.'t'1. ! [: ; I:I'v:l 116: 1-^ I• ':rs ffi I' :i[i and licensing medical cannabis ill .I I)Itrc:tssiit faCill[l,y::.I!:i.1pr.I„tllcrCbyra.a!digthese activitiesillegal;and WI#L-IikuAS, tl 1111:,:16- a12, voters orth- %iccif 4'lusltington approved Initiative !c. 502 ("I-50211, now ,_:rrlitled in chapters 59,50, 46.04, rI6.20. 46.21, and. 46.6i ICewi;ctil c_'[;cik (l) dzrritninalixed possessinrt and use of certa41 rllllrtu4s 1_4 91Yc9rl�ll:Eu t:llt{I 11E1r11-I rl't j:::I':!13k'.'e'r�',:'li (.,.1 _iL[Ii_':".dedstate laws pertaining to driving under the ilt-liicln_c (if ic•t:' ,I L'II 1s lrr i11c111(1 4'-I l:lfi an11 ,Ile Influence of marijuana; and (3) established a cg1-Ildit::y sf lrl,, prac;t1';crs, pii,,:c.:-:'ra, ..lr.;l rt:r1llees of recreational marijuana for adults 21 hears .Fag Lnd ra.:Itrire.d Ole r: 1,.,ti_Itrt' Control Butird (nuw the Washington State Ligticr and L :Ilt;lail.� Itiir•a71, ;in:1 rel;err d tc:' 11': 1.:-1!1 [: I'ie '•'\1• SI.,CB") to ad:ipt procedures and criteria by December 1, 20.17.1 Lir licenses to produce, Irroc;:s3, -9r.r! c1I Inarijuar;i.: and W1-11.1,117, 15', cL : 1t«llat 2+7, 2013 lll'{17Lc;(.: gtlitlinr21 DTI I[Eikrljll 1118 i:iYlfl1C; 11' :1 I1LI[CL..IP.C11t I1,10r'1lC:S +1'!:1'C i]uLtlnL'il,, r11:31'I_11,i.lrtu L.] ;11.11L1i5_ .lril-�E`t- :Ill: memo of mi-ici_w1n i "11'@vl(li:r.4, SI cis, and (reel: ',LI54'aid .o :ll,.?Cvr.11-111i2tl:5 r trd in;I ,l. 1 SI site IJ lifted St',l1 S F).ir::frtir,entnf.Justice issued ,arnerno providing -.cat ill :t-o1rs'Y to chc J;._ilsptioii on -502. Several ongoing federal rtr.lutliti prk-01.1.0:1011 •ti:- crime and preventing distribution or In[t ' ill4d tl,<it t -x: I)u1Sa: Lrlti nt WOEi ld not seek ongoing prosecution that at.rl1c..rixed marijuana. provided that those scr"Irt. .,13CI •-fI':l lis'•`_ rcguil-E1L:Ly and enforcement systems that will Ptrac I of & ::lrltll' y5 tAc;li r2nL :'.1; ", t:li l t'.v amid Foie to public safety, public health, Land other law enforcement irttr reSt5. A ,tar: cic:`.rut.,. t{i thar rack most not contain robust crantrots nrrd procedures cr paper; it mast also be effscli,,c'. in luat:ri.f ;'. ,arid WL- E.1.11v City adopted Ordinance No, I.4-008, which established in cltamrer 19,85 of the :Spokane t:lley Municipal Code ("SVMC") and SVMC 19.120.050 rcgrrlat ons, wing, buffers, and oilier limitations on marijtta nn producers, proce55rais, and retail, sellers licensed under chapter 169.50 1.CW, but which did not .cgulatte unlicensed rrtarijttatta uses, including medical marijuana; and WHEREAS, the City's regu:attinns ;were premised, in part, upon the laws and regulations then in effect (chapter 69,50. RCW and chapter 314-5a WAC), that allocated a total of threw rnitrijuatta retail licenses within the City and provided a ttlaxitrturi limit on rnarijttana production space; and WHEREAS, on December 9, 201 'l, tale C;ty t dopa d Ordinance No. 14-02I , adopting a moratorium. on the establishment of new unlicensed rtririjuana usLs In order co allay!' the City to consider any mariju ana- related legislation adopted as part of :iti&: 2017 Viinitirtgton State Legislative Session and to detielop comprehensive marijuana rcguIaticxis incorporating iiC:i changes; and W1 -17.R E;AS, the. mwratnrium adopted by the C'iLy can December 9. 2014, did not impact exit licensed cr tinlicunsed ctarij.rana facilities and clyd net prohibit the City from processing ;tltplicttt:,.:rr : rnnrijnsrta p',rducers, processors, and retailers because the City had already adapted f-ar suck ., c;'l.r:r 'Cir prenrisexi, in part, upon the laws and regulations then in e'ffe'ct (chapter 69.`:t: rt.sl c1i:ir r,2 14-:5 \VAC), :hat alloeatcd a rata[ of three retail Iizenscs ;;'itltin the City and in:ixinrum limit on ;marijuana production space: and Wf'1'.Ccl?A5, to date, the City has 19 licensed marijuana producers, 21 'ic:crse.t pr, ccssor,.r.riii thr.'c 1irc,'s ;l ;r,;rrijt:ait:i retailers located within its boundaries. All tiirea lica::et i r,.i iru;:ir r::r;liler, ri:em rrpcn.ti•:te:al :AM at -C .sell.ng marijuana at their locations within tlic City. TL; I11v12 rciated to medical marijuana in 2013 rind 10 business registrations in -i . pri,,r act rlic adepiion of lite moratorium; and WHEREAS. in 2015, th.e Washington State Legislature adopted the 'Cannabis Patient Protection Act, ' Laws of 2015. eh, 70, ai :1 additional comprehensive marijuar.a-related regulations pursuant to Laws of2G15, cit, 4 and ,:t1it: _ 1a° .t4:i 1c ;idatimn(cDilvetivcly. the '2015 Marijunria Lc.7islatitvn"); and WHEREAS, Rs part of the 2015 Marijuana Legislation, the State (1) merle' led the medical and recrz:ttirtnal marijuana markets by establishing at "medical marijuana endorsement" roti[ retail licensees will be able to obtain to sell rnedicai marijuatna to qualified patients and designated providers, *bile also making unlicensed collective gardens illegal by July 1, 2016, (2) expanded the amount of niarij tram production that may be conducted siate-wide to accommodate the needs of marijuana retailers ‘' ith medical marijuana endorsements, (3) created "cooperatives" Which must be registered by the WSLCB, and (4) created a new liat:rlse for common carriers to deliver and transport marijuana between licensed marijuana producers, processors, and r'ctailcrs deliveryrtransport:ttion and created a Mex rat;rivatra research License for perrtiittcs to produce, process, and possess marijuana far certain Iimited resc:a.cli purposes; and WHEREAS, as part of the 2015 t tarijtnan7,r Legislnt:on. etre St,ite reiuir.2d an increase in the mmnl:cr ct il:utijuana retail licenses to 'accommodate tic medical needs cl e +iali';ire': paiiontS: and designated p:.oviticrs" and directed the WSLCB to protnt.1lgara: r.rlcs :end rc ;u.0!, .icr..s For of increased retaii IiccnSCS, accepting new retail license applications ,nes axuptiog for '.71cc!',cal rni;tijt,ana endorsements; and Drdinarrce 15-017 F'ar�y `` of ,IUL1;,Lr1 y on September 23, 2015, the WSLCB issued. , efectiue initttediuLdIy. it I l,',RQS la-l., 1. 4 1'JSLCR Emergency Rules") t4 amend chapter 314-55 WAC to prayidc t1.I ,';i1 1,11 •, : i•�',13 �'; i it i7v r1:1 11L:cepting Lnrtl'ijunna retail license applications c•n OctobL:r 12, 2015 mil it rill r;t.t r. 1iw11'.l On 111 11..1'111i1;:r of marijuana retail licenses Until Et filter date, (2) the WSLCB will begin n ca111[6r1 marijuana ericleisewerlts, and (3) the State cap on 111ilximu[il Ittilr'ljll�Ylly'L nL'='I II',ti_ n. S'S''t :1S i'• •llaL'r date; .uui 1 1 [;R1.:„r\S, on September 2.5, 2015, the WSLCL naso issued its Proposed Rides : 1 1 7 �.illcll 1 lc1 pttbIIC car ri-w•Ir, a[1C pursuant co w11ic11 theW.SUCB h;Ls provided that it '.Vial 1:17L set 1'i'.Irilber of-r;i[irijLl.L;l;l :k.i. 1:1 licenses or a Stat.. capon Marijuana production slliaa: ur111 .1 later da:L:i mai Va'1 'E':Itl ,'w` ,lt[Ir uiL'lt lo Art rc, 1, S .cri1]11 1 ..'thy- Wa:—.111ii :oii 1' }11�tI:llCl..1. lift' ivil'•' l` S;1rlk:ln', is 1111[;'.':11' ll1 "1111'tit .11'.i t::1ti)rC 41'1]11;] r[i 11[1111.7 al'. :3uwI1 IIi ,11 It1)16.'w, ~:1nII;L1 a[l,: Othei In: i11 a 1.r',IL '1 '.4llll , e.aeral laws." winch inci'.[dc5 the noopLk111 L4f :e'-jCl1[1+i(1 `,ri'CI'11111 _T w' I!1:t t.. •. 7 i.I:.Ar 36,7D .39%} 17r17'iwi[_ I.I I1 "r1. c.iiii'..t,,• or city o' . ,lin', I ud ilial adopt:, 1 ;1't}' I.,: ,i„IL .111J1II!1 ,,,,,a Llrlg map, 11X]'11 YC}[1iI ', i.IlEla2L1CC, :11” tli?llh't'i "I 1llihliw ii.::.l II.: La ..6'.ti proposed moratorium, illtcr:lll : '11111+ wan, i:1tcL`irlt zonini, tiir;Il :x11 4ir II't44'II:1 .i]7;L111lold a public hearing fin the acli[iN:111 LTIr 9aLorlllt1-. zn:11lg map., int i4ri .:-tiro: lcc, ;1I' int=rim a1tic control within at 11;[t,t ;i ,wC`1' :IL3'.'t 01" is irdoptinn, whether or not tlx: tgo...:r..1in iz body [ t .'6': L:;1 II ru':1omma'L1(Lation on tale Matter ft:oi1 the: l}It7r11r.11tti commission of Cli pa"tLr1_^:':. A. the govcriliinib.dv'ducs not adopt findings of facr_i,J!,-;r:1"yh 2 AS 3C11011 L`L:tore this lieiring. 1.1::r k7 1ti ±iL'.', cic tii 61n nediatEly after this public l"O ri 1 '4 it'(]l;rtoril1111, interi •. 1;1:iillg map, itllt',i 1. 'U11.1.11:_ or[1.11a[1CC, or i[li^1 i:11 r FCicial c' ntrOI adaptcd '.[rlL:. l :I Ltit`711 111 i!' be 'L'l1 (l' far POI '.01.2...;1' li•t' SL . 1711:-.7:111<, hu 11:a', bc. effective f01' up to one yo;1'' 111;11-. i .:L:: 'd Cioperl Ir}{' le l:'.ic 1 tillC.l a la?ILt eI 11t•.i4'1.1 A moratoriums, interim "!-•.r`i:1!', in:111, i; llt:l:,r. zrrnin nr':11n111.Ci or 'cowl! 21 [1:113. [:.ti 1'G:11evM1:1 Rif one rd. tiior .1 It i.d :711d IIlict are made prior to :....tr:'' WHEREAS, d meratarturn cna.cleL1 undo: 35A.67;:„1-111. and/or RCW isi.; {Jra = 71 ;4 ;1 Ir14>tIi 1 by wllicb local governments may preserve the Strlt ell; } li':.".t new plans arid regulations Will Ii.JI LIE" rendered moot by intervening development; and WHEREAS, RCW '71,1_(') arid RC'W 35.70A.3911 both uil,r: i r'v '111 .eridetermLt of a nli1i'It.1riLILr• (Hitt:riL1 ].'.I##111; 111111, IlitGrL'11 1:I' I:1r. Li11 ti�l:IGI[.1 control 1?n?: 1,] ,r+)Iil!L: a public hearing; and WHEREAS, pllrsuarlt ! ti'.l 197-11-1fic1, the ldopticrr `'I this Crilli14inee is enempt from the reduiri nlLInn of a iiirewlic1d (EOt4`111:LIl1ticlI unite. iI 1::'le 1".Ilti lrilrl',11L:;1•.aI C"<)4'4 ti' Act: anti ✓dF.61t[;'`'1 1 •I1,1, 161 Citi' is ire I.11c sill:cs.r 14. rl ,cdr11-1in, a7llr3'.:n;lt ',.L [�' i If'iL144:4,' � R VO1t17rRI`.L' 1': 14'4'. !L14c11(: ,! '1'10,1 4i'.I-t atio11x1 1113E Ij C,I;hl 1"L L.13t41;:P;. 1"111 .V1:4'L'L': 1;10 1I;il lllln -•]1111111 LS I[?n ar.i^ Cil 'Council +."L11 not Heave X14 L' J [tLlll[ly rO folly consider and tlei.2101) euisiprel!C[L'ai','L: lit..:l1ii.'n:i dee i ri LI1LLL :r„ c. i1 LlL'LiL1:ltu Co11`.i .-..atl£1!1 t'J .' 01 ? '.;[i#}lIIl1`e:l Lt+_[ I: il(1'1, o1' Fl? adopt EIIGI: I. i y I _L1J1:LtL311�, prior LoCketobcr '?0115 When 11W iC &.:1'i 111 q'e 6[1:stCeolii ? [[n ! i:I"Oct'1 in ;r[1.l11L[1Il:5, 1i i :L; 11::;1:1 L1 it ii ketoses; aiul 11EREAS , re>,v proposals ta'r add ili'. r:. I 1i rases that int$• 3111mitind beginning October 12,=0'l]_. pose Ail ir11L11inCnt [.L:e_::1'. L;:• lam: i:•LI:}lig: rt';11. , : !L1 -.11•[_:0:.' 1S Ilty} May l:L'4lIt:: ir-cornpntib-le Ianci uses st.hjent to file City's C`iistil, _ l'-.:ta! :I Lti..r117:. 1 l 11 .:r 1:.'N[r;I ; 1, Irl part, ULi aiotas of Ordinance 15-017 Page 3 oft three marijuana retai I stCL:.S and a 5to.1'c cup on tl►r. ma:jinniil amount of nwri j valla produ Gl ion space, '''i[bout allowing the Citi: to Billy consider the impacts of the 20 i`-':.rilt:.Lria Leg,islatirlil or the VWSLCI3. Erma -gooey Rules. Further, ttllowi►lt an tInkLtown number of 1131 uldWir. retail Iicet7al:s to vest ol! b bleated within the City prior to completion of the City's review and 33cve1oppinc:1tt of its marijuana zening and land 1151 p„2,-ulatici>I►s impairs the City's ability 1;_1) Lo sivefllll cei1SiclEra::'1'. rile 2015 Ii•larijutrnn Legislation, WSLCB Emergency Rules, ,illi" current!}' uncapped incre:I c. n nxti'ijuana retail stares tmd statewide 17naxilnuim marijuana prL dLlwli',:Irl spnoc, (7) tr. develop a : oiLs,.,n,'i ;L;)proar:li Lu the pltblic health, safety, and well'ilrc impacts from the ".til N•li:ijl,rami :1..`;L+::3 lmergettey Rules, and the uncapped increase in the n1iiflI ci c,1 ,t►r:;LrL,r:.: r_t.;il s ttii— a,;,ai .:t_wide maximum marijuana ;)r. 1,1c,i• qi spuicc, ,iiid (3) to adopt app`-C'pria: c::-'.71)rrI,'liSik"'' 1.::gtilations goyerI1in'_, Il'x.riit ill ;wid %creational marijuana based upon /11 2. 21111', ijrlana Legislation and L,rnergency Rules; And i1V •1 t 1 , acktiti''ci; I1 I1. i- 17C.'.]'l:•'IIt C,7r f LlE .:..,-in5ideration t0 117,-_, 2111 7 'w': t .I,I Y:I:I I S'.'CI'+:c1S in innal't,]Rlltnil LL::i •.i4.r..•; etlt. "ills .,'r la: 'It;'.'+ dzoncd apprt}tich to the 13-: 71i, it allii ,:' f 1 .1 '. tir,;SL(.B En1'irQ rlcy Rules, and the oil!.r'°11?ka, ,llir_-ir; 'l; n.1-;t:,ll`�ti'{[;IE' tl'llltill11W1111 In,!rl Ilh;Lr1:7 1 Y:t hI,L:I r15 rc �,LIIatic i ':' 17'1,7':: n1t:11+:,r1 .sl i I' 21)1.f., 1.:.11 -,1 :'i:.', aii•.,rI'In,l V' 1_'. I� I`.1"u: .'• .. 1' I'I',I r'• LL .I1. ii';L, I.1 i, ':I I:: [I. I.1. CIt'': :.I'a Eli:, I L,) :ti I ii) • J i9 o:7,I1C l'I�,nli nt, C-=)rn lissiou and City Counc I( ) tc t* we ti .0-13 I°iner'i,:Iicy RUI1Cs1 and currently Li; .11►i'scd .I'r Ptlli i11ariju;:�l:: p7rodttctian1 sp;I tee. (?) tc develop a ! "' t: II[l j ;ll.i'a ;rum the ICI I ?3i'tj'_I,Ln'i'. 1,�e1itil.11inril •:1L,11L;: I`i the number of 11 L]_l.tr1<) I'•;l,!il 34tti1'}5 p.1):.10) tL i741tii9'•: '1ppri;nri:lrt: t_[ t1!IiI:'11+._:igl' e. ;' :111.'1 lir,riiu 1rLu lltt5 it t[1'•tl11 clic iia r,L.l:, li; ,t1 Lllt �tC'kV 35..63.22'),7sal R12W:l6.7D....i9C►.;lllt'1vL'i C5 ia[lllcis W pubIIC heariI14 on the 177'1::atr'rLLrrl7 1.1.2. _',':, l'rL .:.t '° ..::L: l.1 _ ,I::It, r,l .! r,' )1 _itrirfUnl concc.min'the a ,rrl.il is11niertr and nir ,11 -II ,... _. :L :1' t" and 4'41r;'ll:tl1 II11:3171iCC1 `,Ir: r•.',r: , I [1' :1'1111 rl 17 a1 F' . Y. iatl'C .LL a..,. -'. ..._ ni;L':ii ii!n'1 171. IIIGlIIa p7riiilrt:7t''111 7r):1Ce .c -1L I!IL)l) 11 .'Ii'7r;]acl1 :':' 1.11•- 1„1-hll.' I•_'.. III'. `;.:i :l :1 '-`'-:k1: l'4 II:1;);1CLy [R•Ci tilt' y! i i` 1'.Slpl :!17."". .LULSIittl�ll. ' f - L1P., :cri [[IL'I'vai3i, u. lli+_ nu: ".l•c :it it ,1,.j'.t_l:r�.. r._:::il 31;y•.r +, �1 � 1 I r1r:: � ;5',� , ..~<, :; !.I Li.: Lll � I. l :,1: iiiihpt ;IISliCt:!71"lolls:-:,'LtIli7rci :n L.': r"' i Illi z11:11{l IaP!'I'11f1 1.1:-;11 1:::1 -I 1 C1: 1br15{:c; L[1H1 L:•2 nil, R.( • t)c ivic rjn:ini701 aric 4�i 4 'Its .I`."•.il It }.IL `;E_ii. - 17-}r.51.)-1 $191] 15111 1 •.'.1.sii(l dlg'.'Lt5 contra!). to ..irl4: LLiLs=•i11:irk:rl LYlll1 any IC.. isi.1[1S 11." L i;:y :;1:1" :, 1i. Iu'.' its I tiI s 111 C1 (l:_L'UI,$t.t?115: ,i7(l -.1)e tit',' C'r:unc.iI 5:1'.I this Orclln:t[ice i. Ii:scessary for the Mt l;reservilticn aI't 10 plibkir health, I?t f}ii sr, anti p iiblis -1-1117..7Z 1:'z I,,,y .I, r. the Cry I.`co.nc.n...: l nrr1;,'r .s as Follows: :.-7',211A 1 1• Prciirnirmry Fir7,_lin2,5. The ac,..4ts the above re ilals as 1Li:i.irid4 Gr': ti'.C_ 1), _lLl"1'p Set".'rGrl 2, iLi.y1 1L : iutr: f SLal)l,i`tlled- 1 I1:: Cic ,"_'Durres I a moratorium tLpDn the submission, C1I' a171:,,,v1I ,1rL': jar::"L')'t :°p1136114L c1[15 or licenses by or FO_' any rtew i1.':71x1 .-- Pagel of6 i . For purposes or- ibis moratorium, 'licensed or registered Marijuana use" 1tLealls .'Yljy tmiAt'ijtu n ! producL:rs, [lryrtrciu;+1lil processors, marijuana re'ailers, including itRy Iiermsed retailer seeking of medical marijuana endorsement, rtt,arr .serrchcr, marijuana delivery or transportation by common CUL'rier between licensed Facilities, inarijuctia cooperative, ur other use that is required pursuant to chapters 69.50 and 69.5IA RCN and chapter 3 L4-55 WAC to be licensed by or registered with the WSLCR. C, This moratorium shall not affect, and "licensed or registered marijuana use'' shall not include may petSC•nal possession or use 'of- marijuana, niarijLtana-illfu$ed products, n1Llri;,ua L ?';irc'1cts,, marijuana concentrates, marijuana oils, or vtl;er Farm of product containing or derived from marijuana and intended For human use b;, any peLson pursuant to chapter 69.5G (CWN or by any cluaLfyhlg rlaticnt or designated provider pursuant to chapter 69.51, RCW. D. Nnd.11?. i;cl. in Shari ;Ll:cct Llle processing or consideration of any existing and already - submitted ccirnplete lari {•Ll '. Ii1 �!I : I"',,iL ,eplaiicntions that may be Aibjeci to vested rights tis lIl'oviticd under \Vaskiington law, or :._l, I.I;+_';:t.. oc consideration o!• any land -toe or building llzr[T it for a rriarijuaft,`l producer, nlar114 :r.:;, j i'=:.{: I' I'..:'-' IJ ]1311 retniik i— that has, as of the date of this moratorium. already received its limns:. t'r.7111 die :`' _ _ ; ;n:(: 'avlliCll permit application is lora modipiL.antioa or renewal ;1t the ex:stinc, location listed on itizt I;c'.:LI ;'.; Ior tliat.l;lda':juana producer, processor, or retailer. RL'L'tllltl. 3. 4'a�(•.:' 1'r!It. 1IY','. 10i11,` iug okooik 1)1an IS adopted t!7 iLC;;all-'v Lhc is:•;.:iti::`. illiI} s'In ie L.1„t'v's ['c U1a:Li11 r1 ::•F ;1.1L1 of licensed or registered marijuana uses: Valley Planning OQtnmissiOII is hereby aittllnri'r._'d [old YiirCct: ! s:} IC ?ri] ::i11? I.; I'.:' ILL Is!i: ,.•s 0. .'..'1'a ' '. } ir.Lly receive and consider st,'7Li".I tl'"s. -..1:11'1 l.S• `Ills. I'r:'Ia'.I' to the public nealgh, safety, anti ..'C.:fl[-', i al:LCL 9_ The City of' Sll.i'.ane Valley Planlning, Commission is hereby autl.t r;�._.i _ s .li'::•_L . Lite city. I: L i tlr City, as 1 :1s all public input :tiL t i L:rl 7L1 r. +.'c,• l' , r,^pC) II lit I4'!r11'Lr11d'.3 l}LrLainirIC to lite CSI:1.7iislial. t of 1ic<nsed. or re'1sts1'%:e1 17.=1[;1Llt1'i 1 giving full ;;i}11 1cler'1CIC+r. to ell: 701'1 r.,1;':i.i1tiU['r. and ‘V.-;.1.17_13. I11L:C�_l'-Ir:i' 1.1;1 . ;LL'.:: l�.'1kL(:,l feGul ticliy prOVHs2 ' 1L•C't`il7['an4 `.'I: Ir'” 1'f Y:,1161.t1.fl: ,1 SL: lrpJ ;v.L['tj LI ati 1 Lel'UrLIlYI;:Itl.C'L (0 LhL (_I['• ti74-11'::I1 rat' ILS cC iSLCIeratiO11. Section 4. PuLl,i:,_Iill:aein Pur3Lrut t: I r\ iA.6 2?fl and 36.70A 3Q11, the City Council shad; conductpublic hearing cit October 27,201 j.t I rti ls. I :l.': Il t11L :II altcrmay rC hoard, .:1.1 the City of Srinkane Valley City 1-lall, t I tr. l ,L L:' +', li I.:llt•. 'k L Chambers, to hear and consider the CCMIlients ar,.: bc.-L ol .:'l:';K •';i,l:ll::' L(. s11��L ,1[ sucE, :}L:lalic hearing regarding ilie moratorium set forth in this t_tl4:1111J 1'..o. Section 5. Duration. The moratorium set i ilh in this 1..'I ,linolire ;4;1::1' tie in eff.:ct ,tsof the date ef this Ordinance and shall continue i[1 ;:11441 Ile•Y!orl of '56' +: l'1 4 11'C111; I'Ii.2 L i;LL Cil Ci:lti L ;YIii11ncr'. unless repealed, extendt.:(1., cl' rr:r,ef fled by the; Cty"::; L,n i1 3i- r > .l 5r ''u n ;nitIlit: Ila::lr'iitg(5) and s;1rtl'y of apprupria,te findings of fact, pt.r. uant t4 RCW i5.\.5 ._A.:II and (,!.i.:V,/ 1.'..70.A..3'.14.1. Section 6. Ciasitiistellt '.■•It t rriti .:11111. LLQ �:t r L:I'::a a, 11 _'.ill" to t:lC effective date of this Ordinance is 11QL',21.1}' i.iti I iL'1.' and afiiri;u.t.i. Section r,�".--'I':17illt�' rf ;LI'. ` S' llti n, 'LiiLL:LlLL;, L: LO,I. i7 t' I711E:'. :- ;i i,1iy :'.'rein YI' C sha11 be or I111,.:•:yWli[.'l_f+1":11 by a court of L'!`7'11p,aet11 juriSdicti13II, such 1nvNlidity or LL L- II'a.l',.Li+'I::LIIC': `"11:'..11 rl+'d .i1'-','1 11r+. '-' 0, C1, i�tL!i.t1a�L1:111Lb' 1]I ;;r:•` U'lu:r section, `.a',I1t:::1C . ausn, or p:1171'7C (1.111 :S Ordinance 15-017 Page 5 or 6 Section 8, r •Irive Dare. 'fhis Ordinance k dusiviated public etywrgeoey 1teec53m-yIL t' l:•Ib1LI'...`d11111'::1.'.1;_iy, and ,,velfare and therefore silts!! tilt- eflea iminediaely upon ado.--,tien !Alit:. 1. Passed by rite City Council this 60 day of October, 2015. Dean Guafos. Mayor ATTEW Christine Bainbridge, City Clerk ell Approved as to rinrrn: Office pf the City Attorney 4 36 76— liate of Publication: Effective Date: October 6, NI 5 Ordinance 15-017 Flt.ge 6 of- b CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE 1.O. 15-023 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SVOI(ANE COUNTY, WASHINGTON ADOPTING THE RENEWAL AND EXTENSION OF THE MORATORIUM ON ALL UNLICENSED MARIJUANA USES, ORIGINALLY ESTABLISHED PURSUANT TO ORD ANCE NO. 11-0211 FOR A PERIOD OF SIX MEONTHS, AND ADOPTING FINDINGS OF TACT JtJSTtFYUNG TME RENEWAL AND EXTENSION OF TEE MORATORIUM ON UNLICENSED iVIA IJIJANA USES, AND OTHER MATTERS RELATING NG TI'IEI ETO. WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane: Valley is authorized ro "make and enforce within its limits all stuch local police, sanitary and Della regulations as aro not in conflict with general laws," which includes the adoption of rezulations governing Land uses within the City; and WHHEREAS, RCW 315.7QA.390. provides that "A county or city governing body that aalpts a moratorium, intsritn zoning map, interim zoning ordinance, ar interim cfliicini control without i c:Iding a public hearing on the proposed moratorium, interim euuinf man, interim A.:n.ing, 4>rdinr,rl[:c, [r iut ri1-1 official control, shall hold a public hearing, on the adopted moratorir:rii. :;ut;';tl r':irun r-onin,g ordinance, or interim official control within at least sixty days n ii t5;i:[i u1.. �.'I,� tri r , :' Il;ft t ,c governing body received a recommendation on :itc matter from the l.iI iii i r1.' ::ti 1.i :lis Ion it err a tm n:. if the governing body does not adopt find'incs of fact justifying i;i action I r hearing. then t: governing body shall do so immediately uftcr this puLrlic hearing. A r:,:•pr a..viiini ,i _cr;1„ 1+:iii!1 ,:loll:. interim zoning ordinance, or interim official cortrral adopted, under I,,,, , he; ctl`Lc.i 4 `. +- 1:r I longer than Six 1Tlontlis, but may be effective fcr Lip to nn' year if a wo1"V Ir'ir stud ie; pr'oviriin,, such a longer period. A. moratorium, iltt-'1i.11 -ronin irtterina Oficial control may be rc:icvred tbi cine or mor! : i`: n r:r.t 1 .._ric.. l'[ it ,. it1A,' • 1'1C 11 lri i� Beed and findings of fact ore made prior to =oh renewal;" WHEREAS, a moratorium emoted under REV; 3 ;A.L3.220 arrtfI:r RCW 3-6 by wIi ch local ;overnrnenrs may preserve the status quo so that rle'4' I,];,1.,•; : tu.l 1 ulruitlrl:i ,k.il not be rendered moot by interw Laing development; and WHEREAS, RCW 5,"i 'i �0 and RCI,' 36. �1: /..,39ir _, ,ell 111°'',orife ren ';."al of a n1Oritrlriiirn, i.ritr::rim zon..n14 ;Imp, interim zoriir'.g ordinance. Or' interim Oftkii.'_l contr'1l tilt month periods it :l ptil,Ilu ; ;:::I'In " i:, I':1='c and findings of fact arc rn:!dL prior to c,rc1; rc'i''r."r..I . Aro:. WHEREAS, pur 311t to RCW 35.A.63.220 and Rl:W ii.7QA.394, on .doptcd Ordinanc'r No, 1''-02V c.;lallli.hirig a I orat•JriLil i upon the Su]I:liLw5i{}u, iitxvl]i,rllls. ,16:•-,.,;1.;L :_ ln�:�,,:lti';n=',';11.�frrc:-uaL of at -:y pi rll1it :!Illpli4iLic'l13:Ji '.E.:et1SeS by kir for urili,ci:ns�ti marijuana 1:i r;,i.ir1t to Section 5 of the. moratorium shall rclirairr i[1 Clia,:YCouncil [a.:,'i:'�dl ,"k '{"'i :1:I�r, front :' I Is, .:1.':: �.",j. :111 Ii:, 1'C ..s1ed exti t{I3d. yr rnodifi d Cit, ;alter si i :;" ,r`11t l I!l7li Il t1 'ttij ; n:: .inLr_.• (:1 ]pproprl:ltc findings of Tacit, pursuant to 'hr 35A.i 3.2?W and ftC:1V '? I-IFRE✓AS. I 1C"',. - _ !' ::..3:. ati: ti:r . , "rl.1 ' +1M .,.I d:,'.'c,i 1: r I fl ?r} 11'. city 'I'v.;a i. i,. r, Call cel candtLoWlCCI ti' ,Neil'.' Il `:.rll'i!'. .1w L;'..: I1lm,:II lii[.J .';xk'I.;ii?r. 1:71, ; I: ll }'iI11Yr i,il 1r1111Cti;tSt'�I IT1 i11.11.1;1':1 r"=4`;, :',I. ;[:rt 1.1.%Ie.lrrar:,,ilc. ]I »... If: fi 1.'I ] :±d r:1.:°; ink:1 atlll Ordinance 15-0'23 WHEREAS, City Camel' l heard testimony horn two interested ad.rries during the public (tearing; and WHEREAS, pursuant to RCW 35A,G3.220 and RCW 36.70A,390, the City Council is required to adopt findings of fact attar conducting the ;public hea-ing and prior to renewing he moratorium. NOW, THE( EFORL, tltie R: ity Council ofthe City of Spokane Valley ordains as follows: Section 1. Findings of `act. Pursuant to RCW 35A.63.22O, RCW 36.70k,390, and Section 5 oVOrdinancc No. 14.021, on 'November 10, 2015, the City Council conducted a public hearing on talc renewal and extension of the moratorium on unlicensed marijuana uses_ originally established pursuant to Ordinance I'Ia. 14-1J21, Far a period of six months. The City Council hereby adopts the fallowing, as findings cf fact in support of the renewal and extension of the moratorium. on unlicensed marijuana in3t:s, orig,inally esa=iblished pursuant to 4.diniince No. 14-621, for a period of six months: Since 197fl, Cederal law has prohibited the mantrfaeture and pi ssessicn of marijuana as a Schedule 1 drug, based on the leder'agovernment's categorization of marijuana as having a "114 01 potential for abuse, tack of any acccpred medical Ilse, and absence of any accepted safety for use in medically supervised treatment," Ceramics 1.. Rehear, 545 U.S. 1,14 (2005); Ccrntrollecl Substance Act, 24 Stat, 1242, 2 L U.S.C_ 201 e! seq. 2. liiitia[ibt' Measure 69 , appro' cd i, tate rltt.'s of ',i.`.u.lt'.n.+-'ren St:stc on Nokvx:;trr 3, 1992, and now codified as chapter. 69.51A R .W. enol., 33 affi'i;x -li•.'. rlc-cuse I:ur "rlrl:]Iil'y`i]i l�r.-ieiti,s to the charge oIFpossession of malt mina_ 3. In 2011, the Washington State LC#,i,l i:.,C° cu,tsiik• d ;Incl passed *rSSSE SC72 that, :unot,g other things, (1) authorized tate licensing sof rri1lk,]1 .. JF1 r.]l,ws orodu trort 1r:cit_rir aril processing facilities; (2] permitted qualifying pat:er,is t{', receive eerrain +ir1711ntr; of IF ir'11'ti177 ler medicinal purposes from ccsigntatcd providers, .; j IIS .itutr,rl colloid t,'lrtile,ts Lw' grr]I ryi t_. whereby they may, consistent with state law, ttsllrci]...I1 _'`r;: .t."ii moat I_,, l7 it 1};wn .r 'And : 1 thrilled that Cities were authorized Lo continue t.r t:r.c ?hal."Ltitlii, ;]clr.-+]']ry to r < u1 :;t: rltfj prouessrnu, or dispensing of marijuana under ESSSB _'it}� °• •:(real 4'li 1:r4r 69 51A I`.e_ '". respective jurisdictions. 4. On April 29, 2011, former governor Christine Gregoire vetoed Mc portions or );S'::.!li i That would have provided the: legal basis for legalizing and licensing medical cannabis processing facilities, and production Facilities, thereby making thus: activities illegal. 5, On November 6, 24)12, voters of the State: of Wrtsltington approved initiative 1%.1e.;stin:.'112o. 502 N-5112"), now codified in chanters 69.50; 46.04, 45.20, 46.21, and 461.61 Revised Code of ;ii:iiii .:.,r ("RCW"), which provisions (i j decriminalized possession and use of certain amounts of marijuana and tiarijuana paraphernalia, (2) amended state Iays pertaining to driving under the influence of int .is ant5 to include driving r:nder t:ie influence. of marijuana; and (3) established a regulator)• s}•s«:n li �usina producers, processo-s, and rciaileis cif recreational marijuana for adults 2.1 years . f tit' tirtc? r cv:r_ r l required the Vitashington State Lic,uor Control Board (now the Washington Liquor .inti Cattrr.ibis•:,, r :I and hereinafter referred to as the "WSL.Cfl"j to adopt procedures and criteria by December 2013 fcr issuing license; to produce, process, and sot! marijuana. 6. On August 2r3, 2013. the: United States Department of Justice issued a mento previdine updated guidance on marijuana enforcement ent in response lc the adoption of 1-502. Several ongoistg Federal enforcement priorities were outlined, including prevention of crime and preventing disiu ibutivn of marijuana to minors. Further, the memo provided that the Department would not seek ongoing prosecution or: marijuana providers. users, and local of iiwials in states that authorized marijuana, provided 12R inriitice 15-11F : Page 2 of 6 that those state and local governments "implement strong and effective regulatory and enforcement systems that will address the threat those: state: laws could pose to public safety, public health. and ether law enforcement interests. A system adequate to Erni: task must not only contain robust controls and procedures on paper; it must also be ercativc in practice." 7. On July 22, 2014, the City adopted Ordirttiriec No. 14-008, which established in chapter 19.55 of Rite. Spokane' alley Municipal Code ("SVIv1C") artd SVMC 19.120.050 regulations, zoning, buffers, ,anti ether limitations on rnarijuana producers, processors, and retail sellers licensed under chapter 69.51 RCW, but which did not regulate urrlicerrscd marijuana uses. S. Unlike recreational licensed marijuana production, processing and retail sales minder chapter 54.5[1 1.0 V, all other marijuana uses, including medical marijuana and businescs offering ''private' rt>,arijtiana consumption e7r "vapirig," remained unlicensed ruurijuau:r uses that were lamely unregulated and were not subject to review, licensing, or enforcement by the WSLCB or other State or laical agency. 9, The City believed ,he Washington State Legislature was likely to propose and consider legislation on medical marijuana in ILLS 2015 Legislative session, but the Citycould not determine what that legislation may have provided or tivl•:cther it would in fact be passed. 10. As !A-October'Jt, :� i 1. I:r: C'i1p had processed business registration endorsements for at least LS medical-marijuan, within the City, all of which provide niarijiiana ectside of the licensing, regulation.WSLCB, noire of which were or are licensed marijuana producers, processors, chapter 69.50 P.CW, and none of which were or are subject to the City's regulatiorti; I 'J.!:-.!3, or SVMC 19.120.050. 11. On DeeernL'::l `.::!; k City ackapted Ordinance No. I4-02 1, adapting a moratorium ori the establishment of new kin licoirsr:d r°.r ri liana uses in artier to allow the City to consider any marijuana - related legislation adapted as put i t CI:. 211I5 Washington State Legislative Session and to develop comprehensive Ina rijuana gulttions ::rw..Q, rttirigsuch changes, 12. The moratorium adopted by the City on December 9, 2014, did riot impact uxisti:t•4 I.�a.rs4-1 yr unlicensed marijuana facilities and did not prohibit time City from processing a151i1ication's rclt�[ccl l licensed marijuana producers, p':ocessors, and retailers because the City hind a1r4,.trJy adopted ru:;ul,iticins fol- such uses that were premised, in part, upon the Lau" ,•incl rc iilatinns tl•:e:1 iii eflcer (ctinl: �r iia'_ RCW and chapter 314-55 WAC), that allocated a total of three retail Beer . cs {.'.ty :,r:rl lirnvicti:C. a rnaxiniurm li niton marijuana production space. l3. Pursuant to Section 3 of Ordinance No. 14-02.1, the Cir•_,' of clic .: ric ': ',Ic I'lU:trsritg Commission was directed to cnttduct prul}lic Ticar: igs and public riteetiii:is to ec,asidcr die uupacrs i unlicensed marijuana uses, arid) to work wit'. City stai`T and citizens of the City to develop proposals fur regulations perIairilag co the establishment of unlicensed marijuana t*.es, which regulations may include provisions restricting or limiting unlicensed marijuana rise up to and including burns, to be Forwarded to the City Council for its consideration. 14. The 2015 Washington Stat: Legislative session bun on January 12, 20 L5, and was extended through a third special session that concluded on July 10, 2015. 15. [n 2015, the Washington State Legislature adopted the 'Cannabis Patient Priorection Act;' Laws of 2015, ch. 70. and additional comprehensive inaryuana-related regulations pursuant to LAWN of 2015, on. 4 and other enacted legislation (collectively, the "2015 Marijuana 1-egislalion"). /6. As part of the 2015 Marijuana Legislation, the Slate (L) reconciled the medical and recreational marijuana markets by establishing a 'medical marijuana endorsement.• that retail licensees- Ordinance icensees Ordinance I5-423 I 3 old will be able to obtain to set', medical marijuana to qutl]ihed patients and designated providers, whilc also making unlicensed co11ici-Rive gardens illegal by July 1, 2.016, (2) expanded the amount of marijuana production that may be conducted state-wide to accommodate the deeds of marijuana re -la c:1.s with tliCdical marijuana endorsements. (3) created °cooperrtives" which must be registered by tiro WSLCB, ;and (4) created a new license Petr common caltricrs to dc:IivL;r and 11`tin5port marijuana between licensed marijuana producers, processors, and retailers d'elively/iiwtsportation, and creEed rL :lett' maa''juana rose1L'Gh license for p'ernrllees to ptLlduCe, priaces,s, ,and I}ossass marijuana for ccraii: 11r1:ts'C1 rt:suacch purposes. 17. ,A p;Lrt or ri[G 7.015 M rijtIana L vis]atictn• the State required an increase in the iiont ic7 c•f lnari,j1111:1a 1 l,'_1. IL+. iI:•'v s '.._i t:`,.:.SaYllli'�IIICI'. tI1l medical needs of qualifying patients and L]C tfi,tlmc:d a:aC p on ilgate rules rir}ri regulations for 5eltirl4 the ii i 1bol c f ttL;••1' ';ul)lic;Llions a .d accepting applt"cMions for medical I111I-I'u:t:1i! Iicl•.y1'x+vrlr�ItC.S. ij, is+[; `ic:k:•t"It .l7L'r 23, 201S_ lilt: LI;CCiivc irnrztediutely, Rtllet' 1 ` i11.2 111 31.1tv11d cliG:pi.Li 314- - 1 .r}'L ' is provide Cllr (1) th:: 7�i Lir; LIc 1. 1>1:11,. nrLrs rI=Lra"rctail icc:7s4 ;al1p i7;r:•ns cn [,''•:1clbcr 12, 2015, with the limit. an Ili Taber ii -111 ii'411:7 '7'I:II lti•:I: 1' tie so. at (2: Illi: 1W'SLCR to begin accepting applic::i1111r5 for il'�rllv;]I ri.lSlrilt:r-n_l •_;:ti.•[_.'Irll:lit}, tLilsi (1) 1112 y:I:I1:: vat, .7)II L1l:: 111rCu1I n1arijLl011a production spiw,tt'r i'1r_I L:,L4ti ,1 [i. a i ;.,.111i?'=S1}t !,1)rI'ile- 1 i. .ji71 .:' ItrcirLt r 23, 21.11,, '.y7.ry L1 51..:.'13 abet sslle;d its Prnpc�;i-u I?. r ' s ; I •ti'II 11. 'L:c: :.ill ;�:.r 11IhI.0 con- w..w. :1d :r'I7'=.1... :i ,7L'Uri",;I + 1:'1,1':'li!rrCl ill; -1 tlti: 11ll;l ,.'n I:I ili.11tl+;I +.I aar'CJ'.I:1G' 0::171 LCCrisej all:. :,! 'a , ;,17011 nia"ljk.rl.'al L' I.CII l'. space .', lI. !f•: ;el ;7.: I'II::1 :__B Emergency Roles, and Itl 1,I1.:tr to, LttlL: :':'I} 111:: staff iS illi I!:aw tit -1 't'I:11lie 201 i M ri a:11,l I;.v.al,;4 :I., WSIJ(. I? I'la.r r. n1:,' kink :•, I r 1• v I.Lk; '�r�ltsid•:r , to -1 ' 11:.s, and rrL'ir ll..l.'rl1.i 'I_".%1. -.'..ti •'IL,`' 1711!1I;!I!.11;1 prCdil'vI+il'. :4:14:2, i2 ngt15It• !}t5;.1 - :I .1,ICI l:'l': 11131'..I.r•; ;t.mr the 11!,5 1V.at°ilildltla L i . al L. ''`L.i'It e I i s'l1.-.'!.; ll:' q„: -.1!--,r1 ru :. , r1'J ',Lc 11 l4clir.kat rltcr•,crs❑ iri rumijliJLla il[el 41ti':i'fi' -k`::�11 :llI(1 1-! ,11;•1:' r 7l'I;a[:..:LrI' Curl}p1t2I1rn avL 1:00ing awl, land IIS„ •1'; '1 �l!'I{ �i�l'+;r-�.1"i IIIt.CICs -? D. ::r 1:1+:l:--: tI i"i l'1 :11e 21) 15 I: -i -1• I2 -I 1 -,ial. li ;r 4 `.�1.+� [� 1_.11 �:r Pl'.•�: i '' _ S. ,. }�; t�Jtil, f'I I -r --,til I .11 ,::: +!4;r .. iV r= 1tabklSllcd i new tic{ , =i t or re4.sti-e(.1, usL:s on () . ob[;r 67 +1 Nu. :.5-017. 21. , ltktouph t1rc: City 1.,F; H:_511Ia rh work 171a1ns _:-iL;:hl1::I1ld ill i::ldli! irrw° 'I,i I'1-07.1 ;Loci is lite; tice No, 15-11',',+`tl l�� lLlllil.1 t ; :nlniaaic7:t aft.; +,_:ily i`trllrcii ti ill rtra: 113'02 ;:t1 ;:l 'ull :l'L-i4!:'.. 117 C! !L4'v»]•;,1 ..CI11:,.`_'ll,.lt`.I' r Irl.arijualt;f policy „1. C 1iLC11[ ilti;t 6 -cc; ;ICILg1lc'7.Z Grins°i1,:raii u to 2015 \':,1•1111'tr:i• '1'hlr;ttioc: :1ior 711 tir.trrtirraticin LI3ratLL'itr 411 0:111C•,:117:'\l. Lrl riiII,ILi !'".IL- ial•11'i,lt..i;-ralnu;1I1 Lc CIr{:1:1[1ncr.: 7`,o. 14-0+21 11,1,0.`5 5l:ch nitiarir:'.`.'IIlI1ri is r•�:;•s'.°. eJ and >-1 :tctCCl 1='r lj Si ❑.I_+Ittl7 ;trrica[1. 22- Pursuant to Article 11, Section 11 [1f lite Vlrasilin 117rt i:nns`tku,i}:1n, the Ci:'a L( Spokane. V..[ILV 1S .111111nr17_CC1 10 r-M.Y.';4 . II+.f LrT•:.'r-c wiLLLilt ;1E, 11GIIIl :ill ;LI211 I0::11 police_ sanitary anti t'lllei g:]Iratt•]Its .ire not in aL}.::II : vLiil '.'I rl.:l I 1}i; 5.' ,"111i:I1 inL:I udc3,-ia i 1•i'.11 I11LF1 1;tnt1 i;suN Olie City. 23 I he ii nt.-•- :il t:C :I`. r'I(ILaor:Llai [.t1S ,71iI :.'SL'_:l:ll s11.L1' G'I•St11 IISc;, C t`ISr,ir1a1 "% CSlrrl'll:.11c41 1pulr;1.1"MHC to Ordinance No. 1-1-417., Hr :1 i ittcl',rtit pciL(1 prnvicl�s CIL. +_:i!; titii[l1 <I,l;tiriL}r::rl dint tot tl°";'••i•..nAe an;i aii crtci i15 ptiltili.c health, .. '_ : iu: tv 'il_1r r4:[ eli nl4 t'4 and -/a+I}I1 1 :LtsJ lar.'I tlaw r�+�tila!iE;la� : lararrl C� the estibli ii rit nt and cp'rl:I1il1I 01 -unlicensed mlriju :i3 USS. Ordi:i a}cG; 1i•f12:1 24. RCW 36,70A.390 provides that "A county or city governing body that adopts :t moratorium, interim zoning map, interim zoning ordinance, or interim. official control without holding rl public hearing on rho proposed moratorium, interium zoning map, interim zoning ordinance, or interim official control, skull hold it public bearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, >,vltcther or not the governing bx lyr received a recommendation an tate mortar from the p'.annitm commission or departillent. if the governing body docs not adopt findings of fact justifying its action before this hearing, than the governing boo shall do so immediately af.er this public hearing. A moratorium, interim zoning I'nap, interim zoning ordinance, or interim oftic.ia', control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies poviding such a longer period. A moratorium, ictterim zoning trap, interim zoning ordinance or inlerint official control may be renewed f'ar one or more six-month periods if a subsequent public hearing is held orad finding of Fact are made prior to each renewal." 25. A ntaratal•iurl enac:s:d under RCW 35A 61 T"b And/or RCW , , 76p, NO L ;,triad by which local governnit7.i; r:1rLv llres:.rve the siattis [IJ.' }i? i11:.: I1'.\; .11,,111'': .ill-' I'-_',lLiaL; iiI I1Ol b rendered moot by ir,tc.r ,, 11,: 1:..xclopmertt, 3G: RCW 35,x.63.' A trite! RCob' 16.10A.390 both rt_u.',•. I I I ;, 4i1:0ri, ori, ink Ii1r. i111Lr1,a Map.. 1.4t.tla•1L11 :511111:_ .'Lillll.liltiC, ':.},' Ii1(.r611 O`LIrr�cial r c,11'.[.:1 Col 111, I I'1rr:.1 5 :: [nD1rtI1 13;::;iicl5 it putplie huarin} is itf'1, ill."-` c .::1['. tlulde prior Th,: city ;7r ar;er!', l 111 :i l ,: ,.1•aticc firths pLl'..I!c llemrinr 01. LIlc 1:11 :., II -.)r- mu! r- n141rarannLIni on iIIlil4 [Sy Inanjuz.11;', L `L'•; tT ii;;1ih, c`ti'.1:.II;z11.:1 i11 L'Lli",11; I„7 [_ IILf .`; 1 I. I:.L A period :I: 11i1`IIlhs, tri. ''Jt_•`,:=1-J-, :r i 1 i 7:: r'::1:,•+.: r +t:rc:lt,'_ 1 ltr+l 1: .:Ll pLI}]lic ,tic li. Counc Ptrstltlnl_ U::r li[.:1�,' >; �...+'I.r.''2C' ;,n41. .CW 36,70A.390, on Nov'an7:xer O. 2015, the City Council con.JC1. o :1 illtl}I.c 17tnr,112. 1:11 t11.2 rr:Ilt;1`Z. and exter15iot1 of ale tl'P ir;Litiri11n'1 Lill III' licensed 111:71T11.1.LI1:+ 11 .C•;, S71"I�'.I1JII pLil':ti111IlI to ?:'WIIIli111L;E'- -No_ 14-02..1, for a P,'.`I•I;CI 1:1; si:. [i1JIIt!14• ?cF. t11 City Council rvt'1= vCci I_t'Stirl7;}n I,IQi11 partiuS wI;a Spoke at the public tlL,lri;[p_ TY1c Ci L}• t:ounl:il lL„s {;iktn Ju.: ral i:iL;aLion to all pot Ilc: Lestimony received. 30. Pursuant to WAC 197-11-8$0, the renewal and extension of the moratorium on unlicensed marijuana uses, originally established pursuant to Ordrtlance No, 14-021, for a period of six months is exempt from the requirements ora threshold detenninrztion under the State i;nvir amental Policy Act. 31. The renewal and cxlension of the moratorium on unlicensed marijuana uses. originally established pursuant to Ordinance No. til -02.l., for a period of six months 1,5 {:Orlskteill •vc.ith the goals and polkies of the City's Comprehensive Plan. 31 The City Council t'illds that the renewal and extension r?l' Lh' rid: ;:tlaillt sl t[nlic ,lsYtl marijuana uses, originally established pursuant to Ordinance No. l4 -r),. 1 Hi. ri'li L l si:; 1:1:11:11.;. is necessary for the immediate presr=rdation or Elba public health, public „1I t,, I,L;11.:. pidiFJ ll, peace. Suction 1., Renewal arld erI io;1. The moratorium on unlicensed marijuana uses, originally established pursiant to Or-dinaitce No. 1 is hereby renewed and extended fora period of six months from December 9, 2015, unless repealed. extended, or modified by Ilse City Council after subsegLLentpublic hearings) and entry or tlppropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 35.70A.390, As part of the renewal and extension of the moratorium, the City shall continue to work through the work plan estab tisil.erl pursuant to Section 3 ar Ordinance No. 14-021. Ordinnam 15.023 Pae 5 of6 Section 3. Ratitic?hon. Any act tciisisieut with the authority set forth herein and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 4.. Sevei bility. 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 outer section, sentence, dame, or plu-nsc or this Ordinance, Section 5. Effective Date. This Ordinance shall be in frill force and effect five days after publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Councii this I ' day of December, 2011 ATTES Christine Bainbridge City Clerk to Forth: Of tjof the City Attorney Date of Publication: 12)04/2015 Effective Date; 12/09)2015 ® uan Grafas, Mayor Ordinance 15-023 Pep 6 of 6 AltaeLirnent C PROPOSED AMENDMENTS 1, Definitions APPFNDIN A DEFINITIONS A. General lirovisi©ns. 1. For the purpose of this Lal .rode, certainwords and teats are herein derined. The word "shall" is always mandatory. Thc word ''may" is permissive, subject to the judgineni of the person administering, the ei 'ode. 2. Worlds not defined herein shall be construed as defined in Webster's New Coi egiare Dictionary. 1. The present tense includes the future.. and the future the present. 4. Thc singular number includes the plural and the plural the singular. 5. llse of male designations shall also include female,. 13, Detiniticns, #*k it nufttctrlring, petroleum and coat products; The manufacture of asphalt paving, ruing and coating. and petroleum refining, See `industrial, heavy use category " :al'I 111911'1 CILI . lll' 111114) L.'111k,. . ,'- ._ IIl1'. ";5. "y, L 1.11PQ ` l`L: a'IL .:LW �} II +' .'1n1,21 ,. j, II 1 17 LIlIlI:1r115 :1 ofrt.11ll+l._. f!, ;,14.0 IL`IIS�7 1' Ii 11 h :] _... ._ 111 _ ., ,-� L, 1 :I l '+`..,, 1411" 1t _�,a1 1' a. Y11 I.1f l.' -.I I I 1,111.1 II I I. I 11 II L11 _�I 111. II - I. Li[III. L;.kll ,Li1,Y t I 11 1, 1 Ile'4, iI, .ILw1 L11114_'r .wi 1,:r :Iwti ] ; h11.4111 I. L1,1IL'III. . 1. :11;1#'1LLll[#ll ClitfpL"C'LIttVC": 611911 :.`BI:L i"''I',l .1;: 1...2 I,1L]II LI ill''1;.11li Fa" '.4:Ii41i_E r+[I ' l..- •111.)[-v.1 ..'1111-I[-v.l Ill L:1:! I'11.-:'111L'.L 1'. ,;0111Ii41-4L'1.1 Yl 111' 1' • 'eaLI. .jtl.11I `. I1 I 1 L1 ..I IrI!.t'L1 ,11•0ti 1;.!I:I11,:x1 110>r 1 'l_ 11,11 } I l ,IL'.11111 4 ,' ,lnwiIli I. I' I.}1LIII'1114 .1'., .Its ?]� ]11 111ti .'�ktLIII ri.4111y1 I I'"11I:141uy J'Yll ] rn�L'�vlll'�" i.1,.1"xtl,lli.._ �. • I. '.t 'L1. 1'ti.'I• ail 111e 111;'.IIjIY:t1-:p �III,111,tC'�t'1'L'ti; Marijuana processing: Processing marijuana into usalbl'e marijuana, marijuana-i1'>tvsed products, and marijuana concentrates, packaging and labeling usable n111rijLLlnJ, rnarijunna-infused products, and marijuana concentrates for sale in retail outlets, and sale closable marijuana, marijuana -infused products, and marijuana concentrates at wholesale by -a marijuana processor licensed by the w` r l; i 4+ tI .State Liquor CoLntre1-:i_1 "'I L1;',i„K. Board andI I ;`.; ' Echaptcr 09.501 RCW, as Roy.. adopted or hereafter amended. See "`industrial, light use category." Attachment C Marijuana praclaction: Production and sale of marijuana at wholesale by a marijuana producer licensed by the ' State liquor n4Ral_e * t'.anib _„ Board and pIl_r.li_il_d �ti G,ktapter 69.51) Rt,W, as now adopted or hereafter amended. See "Agricultural and animals, use category," ll arijuona sales: _Selling usable ;rlarijuana, rnarijutata-infused products, and marijuana concentrates in a retail outlet by a marijuana retailer licensed by the '.i1ll' 1.11.,Sta€e Liquor c3rrz el,n1�" �'a117E4:1Ik1, Board, abr1 \\ltl: .1114 '.Ir7,�l:.<1111,` .1C�Y.'t' :1,L' .11 ,+1•t.11 "Yti 9;k1' .1t 1i1� 116I11i71 Lh. :61� LI.': 11 1 '. Cl7 1.17 .211.101,C11,1141 :1.4ti,IL6;liLl'. Y till Fl1.lilil.I:I::.Y Iv1,71�. II1•:� ..11l'L; 1116.: 1101 11411!1;•1 ltr 111,1ripllml ,'tiaIc. ;t l.Ii 1.9.11:L•:,1ti•!:S�•I 6' Til 6aI, 11.1 11 c;4111 of 1111111"+_ 1 $1.11•nlillll 11 :III ..11.1,.1.-;c 1-1%' •'i' ,L: 1. 1'! i III;IIIJIGPI!:I 1H1:1t G14;It. 1'4ti.t1111'a,• :_17 c IllIt'1''iLrl 11"111_ .1 4 1;11:ini .1 C._haptcr ilk) RCW, as now adopted or hereafter amended. See "Retail sales, use category." 1�a1'1�trortrt 1111 a IILLIl14'.II l'Fk111INL'JX6t'11t: 0;14'41,1::pl:1 114 ;L !1.1k''It•iI:L ..:111114';` 1U:41I .d b :Il: t Gl �.11 _ ,17. X1.:16. l_IS' I+ :' ;tll.l I_IU113:11ht•. 1„.., r.. flu.: 11 4tI,C4'i -11'_1IL'J 61l:.1"I �I:'.'.t •.Ilal'll ._.19';116 1'111 1,411! '.�4tll`i:'' 11tt -tp� l:1 ':' .1;11,1 ...j1 1. fly .% [Itlµ7J`C:1" !) Market outdoor: A temporary or seasranal location where produce and agricultural products including, bill. not limited to, pumpkins, (Christmas trees and firewood, as well as crafts and °t1 ur items, are offered far sale to the public. See "Retail sales, use cat :t or}',' Anachtnent C u. SVNIC 19.120.050 19120.050 Permitted use matrix. Permitted Use Matrix Use CategaryIType Residential Zone DiSirict5 Cotnmerciaf and Industrial Zone Districts Supplemental Conditions Agriculture and Animal 11 R_ 4 MUC CO 0 11 RC ' i 1- Kennel S S S See Zoning (110105f -or rnndetions Marijuana production Orchard, Tree farming, commercial Food and Gave€urge Service Chapter 19.85 SVMC 11 III 1111 P Espresso establishment P P PPPPP A P P Ofiariilrana club. or icungc II IIIII : izAptcr .1•T255.- SV MC Attach neat C_: Permitted Use Matrix Use Category/Type Residential Zone District s`'fi ch•lr R -IR - 1 i2 3 R- 4 MF -MF - 1 2 Commercial and Industrial Zone Supplemental Conditions Districts CMU GO 0 NC RC 2 Irirlustrial, Light M2rurar',w ir1g, light Mariiucana processing S S S S S s S S SV C 19_60.010(L).19.7O.01O( )(2) S 5 S S Chapter 19 85 SVMC Plastic injection molding, thermoplastic P P P P Residential Dwelling. townhouse Manufactured home park P S P S P P SVMC 19,40.130 mites hrnent C Permitted Use Matrix Use Category"Type Residential Zone Districts Commercial and Industrial Zone Distrlets Supplemental Conditions R- 1 R- 2 R- 3 R- 4 MF -MF- 1 2 MUCCMI!GD 0 NC C RC PADS I- 1 I- 2 I. ii1i r F VOi 'Cr nti dc ;i., -9 :.1.-..:r t.1 t4 `,ViL Retail Sales Manufactured ?some sales P P Y Marijuana sales S S S S = Chapter 19.155 SVMC Market, mitdtlrr P P P P P 9 A = Accessory use, C = Conditioral use, P = Permitted use R = Regional siting, S = Permitted with supplemental conditions T -• Temporary use Attachment C 1It. SVNMC 19.85 A. Marijuana production shall be located or ritaintained at Fast 1,430 feet from W': ilcatusR prcperty lute, measured from the nearest property line oldie nnarijuana production facility to the nearest prcDerty line of any one or more of the following uses: 1. Vacant or undeveloped parcels awned by public chorwl districts Iii _,s-estbtrisltei RCW Title 18A; 2. Vacant or undeveloped pur=ls owiad by public libz.ay districts 1, ,rs ectal shed win t= irapter 2f.L2 RCW; 3. Vacant cr undeveloped plruels 1ased or owned by the City; provided the thllowing shall be excluded Frorn consideration under #{ait~-e esti ar, ` F I a. Any storitv.vater facility or right-of-way parcels owned or leased by the City and designated or identified as a storinwtater facility or .i.,ht-ofway in any document, plan or program adopted b. the aunci1; and b. The: App1L"r,r:, `l -rail; ar 1. a. Any buildirtig; oni - 41 -a -p designated or identified in any docurne tt, plant, or program adopted by the: city council as "Spokane Valley City Hall" or other sirilai '.LL l that identifies such facilities ,; buildings, ii . .' ` eildin as the city's primary administrative and legislative location; or b. CcnterPlace. B. Mari.juana production in llrc regional commercial and community commercial zones shall only be permitted indoors. A. Marijuana processing shall be located or maintained at least i ;00U feet from the nearest properly line, measured from the nearest property line of the marijuana processing facility to the nearest property Linc of any one or more or the following uses: 1, Variant or undeveloped parols owned by public school districts I,u ',.:siir 1, -es-e•ttakaltsheel-i-ri RCA, Title 28x4; 2. Vacant or undeveloped parcels owned by public library districts r�.,-u,�nti t tel lislacd as G7,;hapter 217.117 RCW; 3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under E.14-ii-aeviensv a. Any stornnwater Facility or right-of-way parcels owned or leased by the City and designated or identified as a sturmwoter Facility or right-of-way in any document, pian or program adopted by the=t_auncil; and h. The Appleway Trni1: or 4. a. Any facility ,.: bttitcling- a npus. designated ur identifit l [n any document, plan, ctr Fragrant adopted by the city council as "Spokane Valley City Hall" or other Attachment Q similar terns that identifies such latcilities, cr`' I- i as the City's primary administrative and Ic,islatiY.i location; ur h. CenlerPlacc. E3. Marijuana processing in the regional corsllncruiffI 'uid COillilltiriity commercial zones shall be limited to packaging and label Frig of LIb1 marijuana. _ •. _ �1+_1i1,'1,1'i Ll,tll•I .,,IY, ti:k,III 11_'' I`: tiL•:'1111t11::1 15 h11111 til' ik'eLd, , I1 :u'll,hzll,! ti. [L+ Lt, , d'k ;',I, tll'.0 117,_E :I° lltll'_tIF1 - :I:`:,I Iwo .111 c9,:s1!1 ,I L,_ .1 Jot' III 'Ih_'wo_ Ct c_I II: -I I,.IILti ri Cl[. I:.'. IIV ;,.tilltllil •I,IL'1:^' I.'i' I, 11'" .I,' ..:1;11 h P74 I',CI .I, ,! l:'.:L1I 41,c wl.k!}Iti t' Il,kti I•,1111 ',5 iIITT E~tlilarijuana sales shall he bloated or maintained at [cast 1,000 feet from the nearest property line, measured from the Dearest property in of the marijuana wales facility to the nearest property line of arty one pr more or the Fol luwitl uses: . Centennial Trail; 131.. Appleway Trail; Vacant or undeveloped parcels owned Ey I'Sublic school districts RCW - "Isle 28A; ? t. Vacant or undeveloped parcels awned by public 'bra*. districts •`I •YI.l111 t. + :.uhIizlled ist €"Jtapier'", [' RCW; Vacant or tintfc,,c"!,lied parcels leased or !owned by the City; providod any storinwater fa^ility+ or right-of-way parcels (45A•]ii d or leased by the City and designated or idcsitifaed as a storrnwatcr facility or right-of-way in any dc.-.LImellt, plan or program artoplLucl by the *=. -iCy ouncil shall be excluded from consideration under thiS Section; far ",. a. Any facilityi'! bLliilding, eun:gt , r cal -e-4-14 -t?-1= F.-il;Einos designated cr identified in any decumcnt, plan, or program adopted by the city council as "Spokane Vallay City I1ai1" or other similar term that identities such facilities; I as the City's primily administrative and legislative location; or lh. CenterPlace. 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CITY OF SPOKANE VALLEY Request for Planning Commission Action Detecting Bute: October 222.20 [5 Item: Cheek all that :apply: ❑ public hearin3 ❑ consent ❑ old business E❑ new business ❑ information 0 admin. report ❑ pending legislation FILE N U M.BER: CTA --2015-0006 AGENDA iTFI"t TITLE: Study sessiolt— Recreational and Medical Marijuana Regulations DESiCRIlPTION OF PROPOS 2'1 L: Providing nn update and bcacki'ri?LJ:lLI i::i l 11rC' ll1 recce tT,onai ant:, Lily:h A. 111211;,j ii is lir .`o .i, ineiud nig recent 2015 Slate Legislative amendments an" lllti (its ti u7 Lnt marijuana regulations. Discuss poSSihl options for amendments to City regulations. GOVERNING LEGISLATION: RCW 36.70,4-106; RCW 69.50 (c:adik)ng Initiative 5021: RC' .' 69.5 LA; SVMC t7.130. 150 and 19,30.041d; SVMC 19,&5; SVMC 19.120.050 PREVIOUS ACTION TAKEN: City Council Lias adopted regulations as set forth in SV MCl'),I"_t},p lJ and SVMC 99.85 for the zoning and buffering of :recreational marijuana and Further adopied rriaratoriurn an all new marijuana uses which are nor licensed by the Washington State Liquor and Catna+ais Board (primarily rnedic:tl ruarijuana). On October 6, 2015, City Council :aclflptLd LI rrillra[slriurn an marijuana uses licensed by tate Washington Liquor and Cannabis Board. BACKGROUND: In December of 20:14,, the Sp ,ane Valley City Council adopted Ordinance Nc. 14- 021 which established a moratorium on the establishment ornll marijuana rises other than rip 'aim. producers, marijuana prrrcessors and marijuana retail sales as licensed by the Washington State Liquor and Cannabis Board (WSLCB). This included all medical marijuana establishments, which at the time cvere net regulated by the: State or WSLOB. Pursuant to Ordinance No. I4-021. the City established a work plan to work through ar.d adopt puns:a: m:ru regulations for such medical marijuana uses. On October 6, 2015, the Spokane Valley City Council adopted Ordinance No. 15-017, which established a moratorium on all marijuana uses licensed by the WSLCE. Pursuant tro:Ordinance No. 1.5-017, the City established a work plan to ‘vorkthrolugh arid adapt permanent regulations for al! lria.'ijuana use licensed by the WSLCB. This study session will provide background material on the development of marijuana Taws. Further, staff will outline three types of possible options in order to initiate Planning Comm i5sie n discussions an City marijuana regulations. Once Planning Commission has given ("section on what type of regulations, City staff will return at a later meeting with proposed amendment language for further Planning Commission discusSii r and a public hearing J"Lfcrcadrnfra1 Marijuana BackrrouJx1: Recreational rrtarijuana: was legal zed yitbii Washington State with the passage of 'initiative 5D2 (1.542) i11 November 2012. The State has winked over the last three years to develop extensive regulations for I ic2nsir.g and permitting of production (growing), procc43jng, and retail sales of recreational marijuana. Ali recreational marijuana facilities must be licensed by the WSLCL3. The WSLCB began accepting and processing applications in November 2013, and issued the first production and processing licenses 4witltin Spokane Valley in 7viarch 2014. As provided by law, the WSLC13 developed rule to!1 lil number of retail licenses within each jar,risdiction. Th City wrr,9 Ellecaied three recreational r:i• li_c1--•=, and the W LCB has issued all three licenses and staff understands that all three retail shops arc , :: 1 :;r•,i operational. Under state law, there is no restriction on the number of prodx tiara and processin :e ili[ia allowed, although there was originally a cap on the told amount of matte' ion space statewide. Currently, tip:. City has 19 licensed production and 21 licensed processing facilities. State law provides 1,000 tbot buffers between licon ed marijuana facilities and sc�. x:,11 ell t -J ;ti including schools, libraries, and public parks, but excludes trails and undeveloped ;cl,,�,tiC a,r lil rlr. property. The WSLCB enforces the ~lite buffers through the state liccnsfng process. Or; i ri ar'.• l`!. 2014, a WasltivaF,ton Attorney General Opinion was released that provided that the Attorney Lrenc:af opinion was that local jurisdictions were not pf•cempted by 1-502 from adopting local regtllat1I-J.1)(1 restrictions on. state -licensed recreational rnarijLI tIKa uses. `Che City's buffers are in :icldrtirlrl r,:, -he of rr mandated buffers aanJ are enforced by the Ciry. All marijuana uses remain illegal under the federal Controlled Substances Act. However. the United State Department o Justice has released a police to not prosecute licensed marijuana. providers in stiles which. have legalized mar juuna %nd which have a strong enforcement and regulatory scheme. Medico/Marijuana a a Brtckgrvarrd.• Crt 199%1, voters approved the medical use of marijuana by initiative, though approval was liii[nitrd 111 scnl1.C. in 2011, the Washinctcn State Legislature adopted amendments !o the medical ntarijuzann laws that would have created a state registry for patients and legalized dispensaries and collective garde as. Governor Gregoire vetoed all sections related to the state registry and dispensaries, creating a laryc ~amount of confusion and leaping collective gardens as the sole legal means for producing and pi -c :Lorin medical marijuana- The City did not adopt regulations at that time, but issued business registrations for collectives, provided they were located in a zone where retail sales were appropriate. With the passage of 1-502 and legalization of recreational marijuana,. them developed two very distinct and separate marijuana regulatory regimes — a licensed and regulated recreational rnarket and an unregulated end tu-:1icew:ed medical market.. In 2015, the \Vash[ragtun State Legrslat.rrc passed major changes, to existing medical marijuana laws in an effort to re ii':.iIc the =din] and re::rcratio..litI marijuana mar.:ki:ts- There were print iy bills passed aS part of tic c:Iran«c's'; Sccortd Sub.itif-tre Vie:°r:rtr f3:1i 4057. (Citi :mils Patient Pre recon» '.c.1) and Seeand E agr used Second Substitute House 3111 2136- `I I,a major cr,:t11.,e.. ii e ud d rli4 %:mooring: Ree.. inetle Me'd{1cal and RPC!'Lrtiiralal A'ial'lj!far3:7 beta! cci f ,311 hei -27cdical lntrriiu;.rr er•rlVrscntenr' I,: r is ,::i:,i ; "F; . i +l;nl.'; retailers, This erakirJaJineat rallr'wtis r1 li4rll-A;I:i r'ctAller pakient5 slid dei i`.r-.4a:r- d I:ri.l': niers. • I•hc r°rw:tli: t. min -9,13;1U t;dvi.se.ln :nt does not tlae licensed retailer from also rt:l,il,i' I[..I'CKit:Dr:lt m,trijriana. • Qualtl� in;; r.:6Lflrs and designated prcm,ider-- r.iav rtce~i'.e an exemption from the State's 7:•r':j1L;i i:t t:::, 0:11 1) ,:}otchaeing medical rst[rrijuiir3.1 ir0.1m a 1ircnscd retailer with a medical ;ti,ir'.I�ra a,1 call: e ntr,r!.. C'rta:r> :l:cdica. r, :l ".jug rl. :r,.1il;:rir.;2';ir ra I tabasc that qualifyine patients Lnd designated 1}r{14'.liLl' r" -L'S. be cniereel ill 'Cr, rs I':t.i nt5 and I�rc,ti i,itr' ll •:,ht,li:t ,.r:.a !,1i[i I. :trig tit if ie ilkarirt. utero to purchase a 'I hs' :t;1,;l1 ;s .0 r'lu t be; lerariti sal ibv Jul). '.,''t1 6 ; zrcE,_llti roust c:a<e aTet';1tiOF :is r1r'.lrtl,. Changes la Licensing - WSLCB must reconsider and increase number of retail outlets to accommodate medical marijuana nods. WSLCB must develop merit based application process Far new retail licenses. - 'WSLCB must increase canopy limits For produzers to account for incdirlll Irlurijuana. needs. - Restricts the use el butane or other gases 1 ' mar i t;!;;A .'rrrl3Ct11.1:1 L. ', ,LI].11`• licensed marijuana processors (no home extraction with those - retailers may not Belk them Ih vrndin4 - Establishes a transportation on license for iorrtrnon - Establishes a research license. • Allows licensed researchers to re :l':I.', 1t i1 :I ;}c tcnc'r, c:i,3, :=_1 ,r1VCSti^atir:1 into marijuana -derived drug products, and ciliL:E)V ;ell.; :1e1111inimerirly_ rrlilriIi:ana as medical treatment, and to conduct !?�I, :Ilii �r,,rlt9 ll.r,,ll resc:�rc41 - RuqulreS Signage at the remises of j1Y'",•'.''==CI't I1I'O1]LY r r:i, 13,1*L'uti4 +" -, ;111[1 1' Cit:'.Lr 11"i?5'12IIrig notice to the public of the intent to license ti7e trei]ities as a marijuana producer, proc sst r, or retailer. Allow for troaperalNes '(N: = a:,..'.r r!l 1 20.16. e - , Iltr., ti l`or the cre31ire1 "l:til,?pL' Lives'` that may l''v Fbrniei1 by up to four qualii.ii1_ I; tlitlltr 1: • : t1'° Cia:1L'S Ci-iRlt'.'. 1' IC•...'1r..Li "s`.%i1:;1 i Cr i;tllt el ula:.I=i.. ',:7 r.'.I :I C;S ,'I' ti'1t111R 1.4O) feet of playground,. 1 r.°,I.i+'11 -:'els :r , child care: cent,: 1%4. 1°I :tic packs, public transit Ceutess, library, O1' :Ell'liL.1.' t: :'. 111ti ilrt:lt1Cs. • CQupt'l'clti'. IDt`;Ilairl1 l t l r; l':,` :;.L"' `il v.'!tl'r elle '1'.1.1.:13.. • The location of ;; LL )pvl':1tI\'L Iiiu 1 II'll• I,` a olle ofthc participants and only one cooperative:11..071' Ii_ r c:11a:1 oil :3 Aingic I'tr)pc -I.} • Cooperate ='v5 111)1.0 :, IIIR:tillrt'J,11 .1E ...oh • The WS -LCI 111'tLV olid L I';:lvti i'+ Iil'.I:l :i> ".C' Il:r .lila i.'=arr:.it' 10..0:.lt'Irlent for cooperat1 VCS . • Cooperatives are not considered busirli ew f:,,tl ' riw ,• only distribute to tete four members), so rio basin:: s licenses or taxes. • May rloi locate where prohibited by a c it county wring provision. ` nrr.r!"ir Poi lolls and Designated Providers - C.'lu C ruccive authorization from health ore prr-l-L sicirrill Authorization and recognition cud i '.1111''1 Iti`. darab;3Se are necessary t0 receive arrest protection. - May keep amounts of (marijuana listed on authorization card - May grow up to 15 plants in house. • lal} more than 15 planes per hiiltsir:g unit regardless r11ow many patients reside in the housing unit (except for cooperatit:::s, +ti'll.c i 111 .i (lilt c 6.0 it I:lelc.9. - i 1d prodllctic n I 11rnccssin: if any portion can he seen irl,nl 11,Y'�i 11[1 1'.-iI711 Lel s_t11 Iii: I'ronl a e't'i1°ti: ;7111+-:'Y co k'r ivc'ite property of arioncQr hi7!.Itiin4. ul'IlL- - cd,T.0 4i]I adopt rules allowing no ii-eenOtisti h le exalt;lion k ti gtii:l1H:LI p;Itic•rllti i : rce'i- alti de i,!2luteti pro) -i. ;eCS- Local .-f rrthor•ity - Repeals RCW 69.51A.140, which granted cities and counties the 0:: ..I L.srl'++:-•;4 requirements related to medical marijuana, including zoning. Cities are authorized to adopt civil penalties for patients and designated play�+tL growing/keeping plants outside the limits set by S13 5052. - Cities may adopt ordinances reducing the buffers between licensed facilities nnd rccrcatinn ccntr.;rs, child care centers, public parks, public transit centers, libraries, or game arca.e which is not restricted to those over 21 from 1,000 feet to not less than 100 feet, provided uely clisrmnce reduction will not negatively impact the 7turisdicti,on's Civil regulatory enfarcernenl, criminal law enforcement interests, public safety, or pudic health. • Buffers to schools and playgrounds may riot be reduced below the state required 1,000 feet- - Subjcet to any rules adopted by the WSLC:B, cities and counties may adopt an ordinance prohibiting a marijuana pradueer or professor from operating or locating a business within ;meas zoned primarily fc'r residential use or rural arc with a minimum lot size of five acres or smaller. A$ part of the changes, the State must increase the number of retail stores to account for the medical marijuana market. The fiscal note indicated an cstirnotc that approximately 400 new retail quires would be licensed, which would effectively double the number ortrliowable retail stares througho!:r The WSLCTfd is currently in its rulemaking process as discussed in further detail below. City Regulatory Background: In response to 1-502. the City adopted permanent regulations on July 22, 2014. The regulati.i .:. now east, are set fort}, in SYNC 19,120.05 D (permitted use matrix) ami SVMC 1,983 and [my.- i t.r' :1; follows: - State licensed marijuana production (outdoor and indoor growing) is a permitted use ire Heavy Industrial and Light ladustrial zones. Indoor growing only is permitted in Regional Comrnercial and Comm unity Comrtercial zones. State licensed snarijunrta processiu , (131.-eling and pack -aging, and chemical or other extraction) is a permitted use in he Heavy Industrial and Light Industrial tones. Packaging and labeling of useable niar Juana only is permitted in t e�:iunuI Commercial and Community Commercial zones. Both production and processing uses may not he located within 1,1]O0 feet of City Halll. CenterPlace, vacant City property (other than stonnwater and public rights-of-way'), vacant library property, and vacant school proper:v. Produe ion and processing may be located within 1,000 Feet ref the Applewny Trail, prcvid:,l !I7,r! the location is still in the appropriate zone (there are few Regional Commercial and C.:!rr,:rrnity Commercial zones within 1.000 feet of the Appletvay Trail). - State licensed marijuana retail sales ore permitted in the Mixed Use Center, Corrido, Mi ted Use, Regional Cornrricrcirrl, and Commu:iity Commercial zones, - Licensed ri tail sales may not be !anted within 1,060 feet of City flail, CerrtcrPlace, vacant City property (other than stormwater and public rights-of-way), vacant library property, vacant school property, the Appleway Trail, and the Centennial Trail. Further, anter the passage of 1-502, the City saw un increase in the number of collectives (unregulated :r)edical marijuana) seeking business registrations_ The City passed a moratorium on unlicensed :rtarijuarta uses (e.g., primarily medical marijuast$) pursuant to Ordinance No. 14-021 on December 9. -.IA 14 rcr allow the City to determine what action the State would take to reconcile the medical and recreational marijuana markets and to develop its own regulation$. In response to the WSLC13's err r,�ency Rules on September 23, 2015 (described in detail below), the City adopted a moratorium on marijuana uses lictnised by the WSLCFF in order ro allow the City to comp the consideration, development, and adoption of its regulations without allowinp additional licenses to vast or create potentially inconsistc l- or incompatible uses, The tnoratoriulsl did not impact existing: marijuana uses which had a]rettdv received a License from the WSLCR. 1-1nwever, it will prevent the City from processing any applications from collectives which wish to receive a retail ticensc From the WSLCI3. Further, the moratorium did not inn pact any home use or consumption. Thus, as it stands, the City has three existing licensed retail stores, 19 licensed producers, and 21 licensed prccessors, with two moratoriums that elTectiv'ety prohibit any further licensed retailers, producers, or processors until the City adopts its regulations, I wSLC!3 20)5 Rrrteraki,v Or. September 23, 2015, the WSLC13 issued, effective inin ediately, its Emergency Rules ar I5-I &, which removed the cap on the number cif marijuana retail stores, with the cap to he set at a later date, ar,d provided for the WSLC13 to begin accepting and processing marijuana retail license -applications beginning on October 12, 2015. Ft'rther, tl'te.,inergeney l .0 les specified procedures for marijuana retail licensees to apply for medical marijuana endorsements and removed the statewide cap on the total amount of ntarijniraa production space, with the total amot i t to beset at a letter da1:c.'. Concurrently with the F mergency Rules, The WSLaCI3 issued is proposed Rules 15- I 7- Those rules implement the new laws aduotird in 2015. Telt; rules include the following: Specifics the priority w iI. t4rini1'.k,: Iii 4-.➢rderi11 which nlarijuana retailer:: arc �i4Ciliid!. • First pri ri"1' i t[� tL1[1tiL' l,�rll .C•iii ',-11•:? I_ l ;7r Y1.'1"r2 iitCl[IIi�' S : I : 11'SC11<C.-[.;. collective r'.rckii 1ir:. r 1l", January . -C ° } (.'_F tpplirLi 11)1 °�":1r1 1ii.. it t°-S;1 Ilr 'i,VSLCB, (31 live maintair.t rl state ane lul~al business liceas' , and (4) aro cul r:,21u required ta:e., • Second prior iter is to those applicants who {1) owned or were m4mbers c,i a marijuana collective garden prior to danuaxy 1, 2013,(2) have maintained stare arc' local husi;less license, and (3) are current in all required tuxes. • Third priority is tu ail other applicants. m[11 .11,25 slate laws and allows applicants to locate 11:i1:1 :il] ,..r 'rill i lv2 Sr.: (0111(.. LI'Uile SC',I —.:-o ti arid play rC.17rrnCIS) it'.11C La::a CIL`, II<r p:!,t.rt'w' °:EI w'r'(I1:1'ull,'L°;sll..w`aar'_ wta:ll illl. 4'l r•-•d r:tl,:!I - Prov'dos that outdoor grows C:arinot .;] • ltic,;:t1'-4'- :11 ILC347 20 tic: trout cad)L Lh z -;a'1..5 mLxirnunl prod t;t'tion space ;11 .',1`.:11'3 7tli 1 lir• :t. ties :IY.6:li.;1 :t1 !.i:t,l'i::1.tt, i7rc}'r i sIythe Mil\I[17'.r111 till k 5'. :LS L.1 I?:: ?CC by r",ahtiC up 1,i 11,i!Lionkt�LJJ t' pewee. - Provides that a producermas atdaa proccssor [Mit -;,u114 Isr+ erl. - Sets rules for applying for, receiving, and tnainteiliiug a mtd:cal ma.rii•.raItn endorsement. • At least 25% of the inventory must be medical marijuana to maintain the medical marijuana endorsement. - Specifies that the WSLC13 will accept retail lict:nse applications during tele time fr.sti- , sat Furth on their website. Further. specifics that, tete maximum nernbl:'r 1 f i.ctaiI lit.t nRc per Lt1urt.' w il. he set at a lat:r date. - Expands requirements for certain types or pr-ocessirlg exir:rd tarn s seems• - Allows two retail advertising signs (up from one). Each sigh may tic 1,600 square inches, Sell ruts fc}I' l: I�ly'i't!' Iti;, 1C'C'L:I',i11C"„ :anal nldina3it1.::,4 .1 il',Ir'a}.'r1;it.R''1. !.ali•,4. • Iransparinti.In'.i'iiic1; must be tJIC purnitiL41 s -° Si: rc;Ic� €i r zr..cperitti,ves. I:1c 1IL!l:lti l"ca, .Ii::tic_'n :'L:au:ran-ar.ta, }I:;tlt Haar wall I rouianor ?rola, and reao;'4I-kc. pili a Na &amen, eairaction. City Raga/al/on Options. Planning Commission may consider a r�.nue afoptions for the City. The options range from ataint; iirina current regulations to adopting some hurdler limitations (float would allow a limited i,icrzttr•.t: in 1ioc;tsed marijuana uses) to adopting a han on additional licensed marijuana uses. Staff presented puteraial concepts to City Council at its .August 18. 20'5, meet . I7urina that meeting, Couneil indicated a desire restrict maryuana uses to their oi.trrent levels at to rttiniltTi x increasing the number of stores. State law would likely preclude the Ciro from expressly setting the number ofstories to be allocated within the City, but the City may adopt reasonable land use regulations go4'erning the nml location of such stores. One option Council discussed was possibly including an additional buffer prcveining retail stores from locating within 1,000 Feet of any other licensed a e. Option 1: Rely on existing regulations. This.ipproaclt would leave the existing City regulations in pima.: to deal with any additional retail, production, and processing licenses. boder this option, Plann;ng Commission should consider whether there should be arty additional regulations for cooperatives (which can only be located in residential zones). This would allow a potential increase in the number at retail, production. and processing stores within the existing acmes and subject ccs tate buffers. Thu lunate evould ultimately be set by the Stare. Underthis option. staff would recommend minor changes lo exiatiitia definitions to ac'el ant Fur retail steres With medical marijuana cnricrsements, Cinder chi; option, there are 727 available parcels for retail stores. However., not all are available due to market constraints and (alto: commercial operations that take up asignificant number of those parcels. Opiicre 2: Adapt additional limitations, such as buffers 1-etween licensed rrtatuarta uses, cooperatives, or further limiting the allowable zcnr a licensed uses may locate. For ex:zt-ral.a if Planning Corninission wished to further limit stul , , a.-Jouial adopt a 1.000 fona buffer betwaaa halls-La! retail stories and all other licensed marijuana uses. This wrnild limit the number ofavatlable p'::'.:lo I However_ this docs not take into account any existing commercial stores occupying those parcel! market-factor limits ori those parcels. Further, stnee thele are licensed stores and due to potentla.1 nuisance-type impacts on neighborhoods, Planning Commission could consider prohibiting coal: :raai•.'c4 (Hoene grows of up to GO plants). I.fice:lscd marijuana cues arc currently allowed in (`our zoi " l P. MLC, RC, and C. This could Ix tilr'thcr restricted to limit tete areas where additional licensed wIulps a.m.]IiI locate by either reducing the available -Lancs or adapting, an overlay zone limiting where licensed rra:%juarta may be located. Existing stores that might otherwise be impacted by any new regulAlt-i4 II; would become legal non-conforming uses mid X41 wrnuld not be adversely impacted. Option 3: Adopt a prohibition an e n w: ;!1 lel type al licensed marijuana uses. Existing licensed 111 !s would become legal more -can forming and so would nut be required to stop operation: haaa?t'cr, [rah ibition, WtDu1d prey Itt :my addia.ali. l !ivenscd uses. Note that while .7staff believes a prohil-itiat valid, there ;lava LailC'i4 u1 elle^.t!' .,'.'a.i"• +',:4'1=1or v il•.lo'tit1! ciry"ss authority to ban I Ice ISL:d IIIA r:j,ia:ii Itilti. and su4[ 1.1 4:,111➢1 I �ti.lall''I','e'I` t II.( \'�',it i 4;t' ur i Il'I:ty, tl.' 11 Ille 4 i'.y were ehallen; ed on a LiiI:ition.. `\(},i.iCF- 'untie: u1 ...rtN. lar 1Itc,;1•:i ;i:tli:.iclments~.ill be provided in a timely manner to comply with Tolie.1111:. pi ti.. APPROVAL CRITERIA: SVIWIc Section 17.80.15')(F) pravidus appruuttl criteria for text amendments to the SV MC. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive. Plan and bear a substantial relation to the public health, safety, welfare, and protection cfthe environment_ RECOMMENDED ACTION OR MOTION: Staff is peeking Planning Commission development of and consensus on an option. Once art option is +nevveIcpcd and approved in concept, staff will draft appropriate proposed amendments based upon that concept for Further Planning Commission car�sidc:: tttio�t. STAFF CONT'4CI: Christina Janssen — Planner !entry Nickerson — Senior Plans Examiner Erik Lamb — Deputy City Attorney A TTACEMENTS: r1, f rescntation B. Maps of exiitiri ; :Mores and potentlal additioiral buffers APPROVED Minutes Spokane Valley Planning Commission Council Chambers — City Bald, October 22, 2015 Chairman Stay called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Ms. Horton took roll and the following members and staff were present: Kevin Anderson Heather Graham Tim Kelley [Mike Phillips, absent - excused Susan Scott Jac Stcy Sarn Wood Erik Lamb, Deputy City Attorney Lod Barlow, Senior Planner Jenny Nickerson, Sr, Plans Examiner Christina Janssen, Planner Deanna Horton, Secretary oFthe Commission Hearing no objections, CommiS=cusedrormm the October 22, 2015 meeting. Commissioner Graham move:r r,� t!t f :.,� . ?;r�: October 22. 2015 crgendet as presented. The wale on the motion was six in favor, Posses. Commissioner Anderson moved to o,_c opt the September 24, 20)5 rain:rtes as presented The vote on the motion wars six in favor, zero against, motion passes. COMMISSION REPORTS: Commissioner Kelley reported he attended the Traders Club Meeting. Commissioner Wood reported he attended the City Council meeting on October 20, 2015. The other Commissioners had no reports. AIME0STRAT IVE REPORT: No administrative report. PUBLIC COMMENT: No public corn ments_ COMMISSION BUSINESS: Study Session: CTA -2015-04:106 Marijuana Regulation$ Deputy City Attorney Erik Lamb began the evening explaining to the Commissioners the current status of marijuana in the City and the state changes in the law. • A moratorium on new medical marijuana uses (unlicensed marijuana uses) was established by the City Council en Dec. 9, 2014. • A moratorium on new marijuana uses licensed by the Washington State Liquor and Cannabis Board (WSLCB) was established by the City Council on Oct. 6, 2015. • Both moratoriums require the City to develop appropriate local regulations giving effect to the 2015 State Legislative amendments. City zoning and buffer restrictions cn recreational marijuana were adopter! July 2014: • Production permitted in heavy and light industrial zones — indoor and outdoor, indoor growing permitted in Regional Commercial and Community Commercial. • Processing permitted in heavy and Tight industrial zones — packaging and extraction; packaging and labeling only allowed in Regional Commercial and Community Commercial.. • Local buffers for production and processing -- cannot be Iocated within 1,000 feet of City Hall, CenterPlace, vacant City property, vacant library property and vacant school property. • Retail sales permitted in Mixed Use Center, Corridor Mixed Use, Regional Commercial, and Community Commercial. 10.22-15 Planning Commission Minutes Page 1 ct 5 • Local buffers for retail sales — cannot be located evithiti 1,000 feet of City Hall, CenterPlace, vacant City property, vacant library property and vacant scktoot property, the Appleway Trail and theCentennial Trail, Prior to 2015 there were two different regulatory schemes for recreational marijuana and medical marijuana. • Recreational Marijuana (Initiative 502), evdified primarily in chapter 69,50 RCW. a I-502 passed in Nov. 2012. o Decriminalized possession and use. o Established a regulatory system for the Washington State Liquor and Cannabis Board (WSLCB) to license producers, processors and retailers of recreational marijuana. o August 29, 2013: US Dept of Justice issued its response to I-502, stating no prosecution in States with legalized marijuana if there are strong regulatory systems on paper and in practice. The federal government still considers marijuana a Schedule I controlled substance. o Possession and use of marijuana legal for people over 21 years of age o WSLCB went through extensive rulemaking pro: est in 2013 and began issuing licenses far production and processing in Spring of 2014, issued first retail license in July of2014, o There are three types of marijuana licenses: Producer — indoor and outdoor growing, Processor pulling marijuana into useable form, e.g.: packaging making marijuana extract and using it in edibles or as a concentrate. Retailer — a person licensed by the WSLCB to sell useable marijuana, marijuana -infused products, and marijuana concentrates in a retail outlet. o WSLCB rules prohibit any state licensed marijuana facility from being within 1,000 feet of the perimeter of any elementaper or secondary school, playground, recreation center or facility, child care center, public park (excluding trails), public transit center, library, or game arcade open to persons under the age of 21, this is administered solely by the state through the state licensing process, • Medical Marijuana — codified in chapter 69.51 A RCW. o Originally approved by initiative in 1998- o Amendments in 2011 resulted in confusion, lack of regulation, and left collective gardens as means of producing and procuring medical marijuana. • City issued business registrations for collectives, provided the collective garden was located in zone where retail sales were appropriate. There were no medical marijuana specific regulations at that time. Reconciling Medical and Recreational Marijuana -2015 Legislation. • State Legislature passed bills to reconcile medical and recreational marijuana markets • Maintains same licensing system through WSLCB • Adds "medical marijuana endorsement" for licensed retail stores. allows licensed retailer to sell medicinal marijuana to qualified patients and designated providers: qualified patients and designated providers may receive an exemption from the State's marijuana tax. • Eliminates collective gardens effective July 1, 2016. • Establishes cooperatives, which consist of up to four patients. Tile, neee 1 : in a Jrmitif. cannot be located within one mile of licensed retailer, must be re,* _.:r. _l v ia:: I.lry may contain up to a maximum of 60 plants. • Specifically allows cities to prohibit cooperatives. • Cities may reduce the buffers to 100 feet, except around schools and playgreerick - • Establishes transportation license. 10-2245 Planning Conmisslon Minutes • Establishes research license. • Allows qualified patients to grow up to 15 plants per housing unit. • WSLCR must increase number cf allocated retail locations to accommodate medical marijuana needs, fiscal note estimated 400 additional retail stores, but the number will be determined later. • WSLCB issued emergency rules effective Sept. 23, 2015: c Specified WSLCB would begin accepting retail license applications en Oct. 12, 2015 o Specified the total number of retail stores would be set at a later date o Specified maximum production space would be set at a later date • WSLCB concurrently issued draft rules at the same time as emergency rules, which will go through the public process and will be adopted in late 2015/early 2016: o Also specified the total number of retail stores and max. production space would be set at later date, o Specifies priority in which retail applicants will be licensed. o Set rules for applying for, receiving and maintaining medieal marijuana endorsement. r� Set rules for applying for, receiving and m aint aining a transportation license. o Set rules for cooperatives, which must register with WS LCB. Mr. Lamb stated the nroratcriums direct the City to develop regulations. Staff discussed possible options with the City Council on August 18, 2015, at which time Council indicated a desire to limit further retail stores, possibility with a buffer between stores rather than outright prohibition. Council also discussed limiting cooperatives. Mr, Lamb explained staff would like to discuss with the Planning Commission what their thoughts are for possible apticns to changing the marijuana regulations before they brought forward any proposed changes. It was also suggested if the Commissioners would like to hear from the public before making any decisions it would he possible to have a public comment session where the Commissioners could talk to people regarding the subject before. The Commissioners agreed they would like to do that and have a presentation from the police department as well as the fire department. Commissioners asked Mr. Lamb several questions in regard to marijuana regulations, either in the City or state. Current retailers will be able to get a medical endorsement. The moratoriums did not affect any of the current businesses. Because of the way the medical dispensaries were brought into existence, it is difficult to say how many there are currently, however based on the new laws, if they cannot be converted to a retail shop with a medical endorsement they must stop operations by July 1, 2016. Although the state has said it will later determine how many more additional retail shops it will allow, previously the original number was determined by a population allocation calculation by the Office of Financial Management. In the initial allocation Spokane County was allowed 18 retail. stores, the City was allowed three. Mr. Lamb felt the state would probably turn to something similar to this to determine a limit in the future. The Commissioners discussed individual medical patients. 1 -low many marijuana patients are allowed to grow for themselves, up to l5 plants per person, they must not pose a nuisance for the neighbors (sight, height, smell). Were landlords allowed to restrict growing on their property, it would be up to the landlord to enforce the terms of a ease, which would be a civil matter between the two parties. In regard to processing the marijuana, chemical proeessing is not allowed in some of our less intense zones because of the processes used to extract the THC. Some processes can be dangerous which is why they are not allowed in the less intense zones. The extracted THC can then be used in edibles or in other concentrated forms. Commissioners asked if the Health Department inspected the processing ©f the food made with marijuana. The Department of Agriculture is the agency overseeing food preparation. There was a question if there was a limit on how many cooperative$ there could be. There is not, but they do have some limitations. They can only consist of a rria'irnum of four qualified patients, must he in a domicile, the patient must have the medical authcariratioe It:rsr, a doctor, and they must register with the WSLCB. 10.22-15 Planning Commission Minutes Page3 of 5 To generate further discussion, staff brought up tin possible directions the ? ttions could take. Option 1) Ivlaintttin existing regulations • Add definitions regarding retail stores t4•it'i mtiiedical endoisenieiit • Allow cooperatives • Clarify permitting requirements for any modifications for home grci.vs • Would allow 727 parcels for retail, though not all available due to market and existing ether commercial uses Option 2) Additional regulations • Additional buffer, the possibilities could be 1,000 feet from retail store use. this results in 61 allowable parcels • Additional buffer could be 1;004 feet from a residential zone • Limit allowable zones • Overlay, limit areas where allowed, e.g. just along west Sprague area • Limit or prohibit cooperatives • Clarify permitting requirements for any modifications for home grows Option 3) Prohibition • All license types or just particular ones e.g. ban retail but allow production or processing • Cooperatives • Clarify permitting requirements for any modifications for home grows • Potential issues with challenges, ongoing appellate cases, with no decisions yet, so result is uncertain Under all options, existing licensed stores become legal nonconforming uses to the extent they may not comply with the new regulations. Commissioner Anderson stated he had come up with another option. 1 -le said he felt recreational use of marijuana was going to stay_ He said he felt medical marijuana will not be allowed to be blocked by cities, his goal would be to have the minimum number of retail Outlets as allowed bV law, to control the co-ops, and eliminate processing other than growing in any residential facility but not eliminate the availability of the infused products for medical purposes, Mr. Anderson offered the following as possible options for marijuana regulations. • Medical marijuana must be sold only at recreational retail outlets, maintain the existing retail outlets but require them to obtain a medical endorsement. • Maintain the current buffers, but possibility restrict under age people from entering the stores. • Allow cooperatives under the same zoning rules as recreational growers and with the state cooperative requirement that one must be an owner dale property. • Allow medical marijuana growing in private residence for personal use assuming approval is received from the property owner in the case of rented or leased facilities. • Do not allow any solvent extraction within any residence/domicile or property. • Require all infused product or concentrate to be purchased froth medicaifrecreational retail outlet. Commissioner Stoy suggested changing the allowable retail outlets to ten. There was a discussion regarding limiting the number of plants allowed in a residence to keep it below the number which would trigger a sprinkler system. It is possible that growing the plants could damage a home from the moisture required to grow them. The question carne tip as to how enforcement would work if you don't know who is growing. to any other licensed 10-2215 Planning Commission Minutes Page 4 ors The Commissioners came to a consensus they would like to take public input regarding this subject before making any suggestions about which way to go with the regulations. They would also like to have a presentation prior to the public input from the fire and police departments, as well as they would like to have input from the schools. Ms. Nickerson will also return with information about the restrictions for single family housing if purple want to grotiv in their homes. GOOD OF THE ORDER: There was nothing for the Good of the Order ADJOURNMENT: There being no other business the meeting was adjourned at 8:02 p.m. toy, Chairperson e: a Horton, Secretary Date signed 10-22-15 Planning Commission Minutes Page 5 of5 CITY OF SPOL:ArslE VAILEV Request for Mar ninc Com mis:siott Action Meeting Date: Novlari1x21- 12, 2015 (tam Cheek all that apply: 0 consent 0 old business D public hearing E information admin. report FILE NUMI:WR: CTA -2015-0006 o new bwines$ ID pending legislation AGENDA 111.,N1 I 11 Slidv session — Corn nreliensi vo %.Iarijuana Ftegulations DESCRIPTION OF PROPOSAL: Providing An update and background on current iriarijnana lawsincluding recent 2015 State Legislative amendments and the City's cumin marijuana regulations. Discuss possible options for amendments to City iegtslat1ons. GOVERNING LEGISLATION: RCA' :36.70A.:06;, RCW 69,50 codifying Initiative 502); RCW 69.51A; SVMC [7.30.150ml I9.3O.O4O SVMC S'Vretr: 19.120.050 PREVIOUS. ACTION TAKEN; City Council 1111:4 rivr.lii Sly'V1C and SVMC 19.85 for the Zoning Jrd burfering 11.FirijIIPX.1. Dcccia..2r Council adopted a moratori urr CPP.mxi "JS.CS 0:1 6, 2015, City Council adopted a moratmiunt 011 :no ji..111:1,1 1icerna.1 Cannabis Board (IWSLCB''), Planning Cornrnis5l iii ober 22, 201c, BACKGROUND: The City is in Ii rot' '1 ev.Lopir ompreEen4.nv Ari.. our. ons, as required pursuant lo moratoriums cieNcrihml chw. The Piinc. Cornini,s1, F, study 1- ., session on October 22, 216[5 and requested to take public tommulit ;Lidon - Po/ice and Spokane Volley Fire before deliberating and deveinpiaL2. ; Commissior vb.111 take public comment on 1.4oventber 12, 2015. Spo:.'.or1o. t.'0:et, and Spokane Valley Fire will present information at Planning Commission's Decernbcr ;"!.11 mooting. Mforonveionfroor WSLCB, Since October 22, 2615, the r..,-.,!..2.(1 some ackEtional infontation regarding, its ongoing rulemaking process. First, .`•.t indicated Li hr.-; bcen .iNorking with a consultant to determine tke appropriate number of additional retail stoit•t-i. l.)4„ith jLifl5dictL�Tt- by-jurisdi.tior Ilte NV,SLCB anticipates having the nuinbers by 1,...l.,..11.,e(rporeited into the proposed rules. Thus, while the proposed rules currently prcivitit an •.11.;..:•tint ddertilined later, by adoption there Will be either a set amount or rpcthoc1310.0. ••]Ic vAnu. number will be allocated by the State as was done in the first rot.r.d of . [. I once the rules arc adopted with the increased ittimber of retal L;ic !ic,Inse that ni.mbor of additional stores, reuarcit fie numbe: yIid, As of',...yeember 2, 2015, :i 1d rcc2ivcc1 100 V4IT 7 i1,1 cLirinr. its frow PiaPue;N:,.; frs Oc-tolior 22 201!q ' 131r wi 11 r_4;. :It Lb 2 Ncvuirluzi 201.5 me oOno ismie that hos b.cun braiught tu stairs attterirititt since the October was clarification on what the van'iatis terms nitii': - specifically "r::71}c iye— k°L'r;iis "medical dispensary'" Vi rSUUS `'Cooperative" versos medical marijuana store. e,a Lioii ir. a Lein that was originally in chapter RCW fi II referrcc! to a group of 10 ur.ltti d ptuie;:tti tit llt5 could grow and distribute marijuana amongst tktr:irt However. there were no restrictions on the how patients could enter or lent the a:tillcetive. atnd sa in nianyy cases they tieveJope d into de 1'apto dispensaries. A medical marijuana dispensary was contemplated in 301 I. by the Slate, but ultimately vetoed by the Governor. Accordingly, a medical i i rijt.ana dispensary is not a legal use under chapter 69.51A. 1T ouult technically collectives were the means under cIi tpter 69.51A RCW for patients to obtain medical rntlrijrr:tna (outside of growing it themselves), the tcri:is "collective," "dispensary," and "medical ntarijttana store," are often used interchangeably to refer to the existing medical mari[Liana collectives ht operation Rettardless of term, all such unliconsed medical marijuana uses mast cease operations as 3' July I, 2415.. Auer that time, only (1) licensed recoil stores and .;2) registered cooperatives will be allowed to continue to operate. A new medical marijuana store is simply a licensed rciail store that obtains its medical rmarijuann endorsement, where it imwv'heal sell rnuediCal marijuana to patient=. tax-er;empt. A cooperative is a completely new term (}° t refers to a group of up to .our patient wuhn cache together to grow marijuana for elems elves only. They cannot sell or distribute the tnarijtrr3na they grow to anyone other than tau four patteirls in the. Coope :tt va. They may only have, a cooperative in a domicile and cannot be located within one mile ufa licensed retail facility. Car purposes olcomparison, most likely retail stores ttith medical marijuana endorsements wilt be the most likely analog use to today'ollccti • s" Or -dispensaries". Options Cry Rc.gulatin?r Options Planning Ccrtnmission May K.:Vnsid2r a range of options For the C!ty. Tilti.. option.; rarrge front ma niain;jw.. current riegulatians to adopting some further limitaiticits ..that .epotr1Ci ;.1I,.e,. a •ill ii •rl its-.r.:l iii :i•_l:nsxd marijuana uses) to a dopL?n.g a ban on additional licensed itwrijuart: concepts to CIry i= tiuelt'.k ,v irs August 18 2015, in,2e ing. Outing that meeting, C xtitrcil indicates! a dc:!,.ire restrict marijuana uses to their Current levels or Ra• ;n;nimize increasing the x,!nil,.-.71. of steres, law would likely preclude the City from cxpreSsly seetti iL file ntirn.ier ofstores t .:),L7 ;, ciciIlt2 I V:1111-11 tIrr' C'ii nut the City may adopt reasonable lard use regulations governing the siting and Iu.- ui.?n One option Council discussed was possibly including an adc'itional lxrai't;r prev:ntin� retail ,steer€.; h.ont locating within 1.000 feet or any tither licensed use. Oprrcui f- Rely on existing rc {ulations. This apprioach would Leave the D ist nT City- regi�l.,°its:rr in place to deal with any additional retail, production, and processing licere s. Lnt'.er rh' Planing Commission should consider whether there should be any additional rcgulrili(Hi r ,e.lt)�ra:ri'.e3 °�ti'11iGkt can only be located in residcn:ial zones) This would alloiw a potential ioc:.rea;0 number of::a°l, production, and processing stores within the existing zones uric subject .ar ;, svraild ultimately be seer Igy the State. Under this option, staff would rccornmeuc irinor enai,tL4L•i; :;~<isting definitions to account for rattail stores with medical marijuana cndorsomc-iis. _.hiderlilis:rfrtic�rr, tlicp:: arc 727 available parcels for 'eta] stores_ 1•Cta ".ever, not all are available dui: tri r!raiket constrain, acid other commercial operatiritts thtrt talcs tip a significant number of those parcels. Option 2- Adopt additional Eirnita[ioris. suc:i :is bathers between licensed uKtrilutma,scs, rirolcil-,ti,: cooperatives, or further limiting the allow ble zones where liceased it PJanr,in,g tromrnissiora wisi~ed to i'urther lirtiit stores, ii could adept a 1,0OO fns l .:ii': r s itt°-ti, t lie;ns:d retail scores and all other licensed marijuana uses. 'l his wi.auld limit the numl1:T4': I'r.r :al ;l: i7;: !* :a C.,]. However, this does not take into account any existing commercial steres aar_c.- i.;; ;I r" ;°. °.ir.. rl nr otly.tr market -factor limits on those parcels. Pitt -they, since there are licensed stores and clue to potential nuisance -type impacts on neighborhoods, Planning Commission could consider prohibiting cooperatives (home ;rows of up to bit plants). Licensed marijuana uses Lire currently allowed in four zones — CUP, MUC, RC, and C. This could be further restricted to limit the: areas where additional licensed strops could Locate by either reducing, the available zo:ies or adepring an overlay zone Lit -railing where licensed marijuana may be Lovated. existing stores that might otherwise be impacted by any new regulations would become legal non -conforming rises and so would rat be adversely impacted. 0priorr 3: Adopt e prohibition on sone or all types of licensrd marijuana uses. Existing licensed uses would become legal non -conforming uses and so would not be required t'. stop operations. I`tow-ever, a prohibition would prevent arty additional licenseduses. Notes that ',sidle staff believes a prohibition is valid, there have ben no appellate court deoisiens validating a city's authority to ban licensed marijuana uses, and so staff cartnot definitively state what a court ratty do if the City were challenged on a prohibition. Option 4 (prow ted at ()ember 22 orating): • Allover only minimurll number required by lay. • medical marijuana must be sold only at recreatioival ;etaii outlets, maintain tl,:: :: tin,- retail outlets but re:quiriz them to obtain a medical endorsement. • Maintain the current buffers, but possibility restrict under age people iron enteric Et i;),• • Allo�n- caoperat.ves under the same zoning rules as recreational growers and i:li the state cooperative requirement that one !nay only have a cooperative is: a domicile. • Allow medical marijuana growing in private residence for personal nal use 1•:;tatii:t_: .;71:1L7',11 is received from the properly owner in this case of noted or lee -eel i tr,il iti t ti. • ❑tl riot alloity any solvent extraction within any ICS t{ lira tacitchile Lir prep:rty. • Require all infused product cr concentrate to be purchased from medical/recr_;tti.-r-T L retail n:itict. A. cope, 00he proposal is provided as pan of this pac,kcr_ GcncE.:d ititernl,ll:c,n regarding the background actions by the City and state law requirements are rrr� i,ir.rl i:`. he RFCA from the October 222. 2{115 meeting, which is attacired, Ol'1(11.: Noticc of the opportunity for public comment was provided through a publication in the the City's website, by media release, and by distribution through the Planning ?_ }nuc, •aIii clistriiautierl liiyr I~urthur; staff=visaed known industry advocates and citizen groups the opportunity to provide public comment. r�.l'l'Idi.)l'r11. CRiT'l!,RIA,: SV MC Section 17.20.150(F) provides approval criteria for text 3rlertdri to rhe Svtt•',c. The criterion stipulates that the proposed amendmertt[s) roust he consistent with the applicable provisions of the Comprehensive Plaza and 'near a substantial ro]a:icn to the public health. safety, welfare, and protection of the environment, RECOMMENDED ACTION OR MOTION: Staff is. seekirlq Planning Commission devclupu wnc of and consensus on: an option. Once an option is davcloped and approved in concept, staff will draft appropriate proposal amendments based up I ibat concept for further Maiming Commission consideration. STAFF CONTACT: Christina Jriii - Pial Jenny Nitlurson EI tans Exam i ncr Erik Lamb — Deputy City Ammo)/ ATTACHMENTS: A, Presentation 13, Ploposal *oil- 1 oroi )1,-jon.ur An, C, Copy u j 112111 I D. Map ofexIstino APPROVED Minutes Spol-tane Valley Planning Commission Council Omni hers - City Holl, November 12,2i115 1t.rirnaarl Aricior,on called the mc2tir.g to order at 6:1X4 p,m. Commissioners, stair and audience stood For •lir: pledge. c-.I'atl.egirnnce, Iris. Beath! tank roll and the Following members. and stafTwcre present: exctisccl Erik Cramb. Deputy City Attorney Lori D rie , Scnior Planner Jenny Nick Jrson, Sr, Plains Examiner Chtistina _Lannert, rimier Kanctt Kendall, Plun:tcr Elisha hl4:atli. So'_r_r,:: e, ti c :•rai.5i -•1} i.M".!, lf;j!r!•. ,? j II iLI e.Yc:rsedfrom the ,Vol f.';i:'ii-, dO Cdi r;''!:1., (he amended November 12. .20 :ir lt.Fl. {!.'` !i!''.: .ice':.. ivrt n of:L..; rhe motion passes Wood' i,:cwt?d to accept the October 22. 2015 rrrhrrrrces as presented. Commissioner Scott Fa•!-ected the ;' rcft'ss otr page fire, line three to acid the words card "school rli.srricis Commissioner ! ri'LJ .,c;n' r,rr ,Net to accept the corivetedmrinutes from fOctobttr 22, 2015. The vote on ilre mwiian was six in ;[, r'ur, zero Jt?oik t,Hr,ses. COOMMISSION REPORTS: Commissioners had nothing to report.. I}MINISTRATIIVE REPORT: Senior !=Tanner Loi Barlow reputed that the City Council determined ",I: tt they would be appointing the new Planning. Commissioners at the liar rgzular City Council meeting in! Januay rather t.lmn the Danninbcr meeting. Asa result there will not be za 1'Iannins2 Cnrnrnission aneet.ing January 14. 2016. ranc the January 28, 2016 mating will be Et 'raining meeting iu +1rd -r ki bri::g the new Planning Co rnutiis;iutt fllelnbers up to speed. Ms Barlow stated that the al ta.:al Comprehensive Plan Cycle was opened and one amendment request was received. The Docket Ito; been pre4ented w the City Council For approval. The Planning Commission will likely begin its review cycle in 1:c•-3ruar . She also gave an update on the population :allocation PTAC prnc ss for the Comprehensive Lion UpJate, The Steering Conulaittee of' Elected Officials met on November 4i'' and forwarded the Spokane Courtly Planning Technical .Advisory Committees reco mnendatiou to the Board of County Commissioners- Tlie reeotr uncrrdation was to use Office of Financial Management's medium range population f'vrceeisl fear the 21 -year planning period. PUBLIC COMMENT: No public comments. COMMISSION BUSINESS: Study Session= STV -2015-000I, street v-acation of 3' Avenue Planner Karen Kendakt presented the street vacation request of 3`I Avenue located between Appleway Trail and 4' Avenue just west of Skip -word] Rci; d adjacent to six parcels. The request is for an area approximately 34C feet in leragttli and ranging in tv idth from 40 to 50 feet, Thr northerly three parcels are proposed to he consolidated into one. South of 3' Avenue the two weltsr1y parcels will be consolidated into one and access will be by an existing easement from 4'1' Avenin. The final remaining parcel will be unchanged. Ms. Kendall presented five reasons identified by the applicant for the request 1. The area proposed to be vacated is unimproved and not maintained 2. Location of road limits maximum tiso of abutting properties 3. All six parcels abutting 31`1 Avenue (northtsouth) etre owned by the same property owner 4. The stntctut-es along the west property line hinder future right of way connection 5, No parcels lure 3'd Avenue for access, k 1 -k? -t5 P1a.rtrtirtg Carnmission 1.1inulws Kap 1 or The Pub. he Hearing date i,s set rot December I. 0, 2015. commissioner Ander. ,i asked 'if the process filr changing the fat lines was already underway, crnd if they 1 r','r'e° got rhea, why The Iwo pr racc_s rcr', chaaging the tot Pins and the street vacation, were not eaot rrc,'tcrrl Siniuflartcawl{y. Ms. Ken da',I e`cplaitLcd that not knowing how the pareelw are going to end up and that this application has six pare:ets. there. is potential for a parcel to beJecmc land locked and we da not runt that to happen. The property owner has presented how he would orient tl'.; parcels so that all of them would have direct access to a public sL1tet, Currently, the parcels are not proposed to be c ,[soli 1nicd ur adjusted. Thitt will be proposed going, forward at ;lte time 4-1. the street vacation is beim: finalized. Typically, the lot linin adjttsrrcnt is handled by the record c51 sun ew ih,it lira rliruti the titI°tre:t vacation'. Commissioner Anderson asked flare CJky can ptouruc_' ,I l•'i:;ll?r .-00:1 or: i.' I 2 fr1r.'i c'.',.712tYi h'1. Ms. Kendall replied that it is an existing easement that does provide legal access to cul existing home, `float easement will not change- Coprrrrrissioner Plriliip,s stated that it did nrir make 5't.'f LSI! trt gC11 roc' qf VIVO al,hem! One parce! he ra'1r,`rr'! fit a 12 jraat easerneJ7r, He asked what the J i'1 r r ' ti�'` r ;r. "f' I.;fr; !%,:' r.roPertY. stated that the property owner has not dig use of the ircperty. Ili ad:liiiort site clarified that the ea,RcI:i4'-"t°. l: :, I F..:41 .i Ila.: '.. i Jr!! tiiir7t[''...2' serves aS access foi- n -. ':idence. The two parcels will be La:•111 i,r1•:'. ` 1 ,. ti 1111 'I i i6 a:. 1' Is4iia_ 1 -Ai 7 l,I_r! 1•-I 1 the 12 foot CLl',12111',:i0 :i access. Cfao..a; r'r. klner Stott asked if the Crfy :.`herr gets il'l,en it uacaies right of wu4.. K.:21-0.12,11 stated that the City Council mould determine what they would like to do for compensation of the v1CaLian fthe Street_ ('+'Irrrrrrissioner .Andersrm asked if ROW is not ri-srti .4+' the C fl+ rr rtci ria lru. !+I !!1 c' F'! rip,:rev fU i ►!{'r. f,.17. 'Lamb stated there is a provision for plan, l:'I.i'.l'_i. 1903 tl;.-'il.':1t :51 5•;.'f ;li',I 1:;•C t ,11111 11 °I it Avert bark to the owner. For all other rf'CIiL —Cil-wjy, '.h rll'11'-i"°t-'., ]`.' 1'L'[al::lrl t i. ;IA' .1;7,' if 1I , (iperi or riot. COMM c:...c.la e • c rahain asked rthotrt the access fcrr- rr•, three- r': rr : c'r,• ir. ,. < r1, !"lir, iMs. ...:,C1< II ;i:ii,.:tl 'heli the property' ov.r:er lids spoken with the Developr,lt:1.: provided rot. [`.:111,:L s traveling down Skipl!'otth I::, ;!11. 11 is ...Yid: dedication R.:7. chicles to turn around, and it wou:d 1 c 15ai11Lic. C"fXiritrar :°rrsritr' Graliain Cakef;' 11 r;rr+ct Web' (1,..) .'.yarn'['.! 1'01.14,7P-0';7ri' + f",4 Mil;: ;V15• 1<_CII,L:.l:,Lr,,It [hal11 "'1'.Ir.,h ;.,I1r�11rm ii '.[1��f1 .,`.\-if:ler t. e1'. fr "f :r.'. i.. A._'{'/ #''..ri' fire ;../4-rrrrr.+. .. 11i. Kcndu11 ,-2I:irii-wd the lin s14: �:: :a �•J:r .:Ilii:°1'�r l''1e.1• '.,chicic-t- `I 1114_ .'Ill :1 .111 ': Re' w I.1!11'I L1.r1>I,1,c.i1Ls;1; the: i„,roceA i,',;:Ifr,�+'ri1!,. lc1,1:1rri:mil. (ioe:i l �`[ 1, i. or-! 1.2(1: Y 1'C'C�rU+•f1 rrr�'i �,'i . 1fJJ- r`! Or' rt'J1Z". 1'. Ir+f'r:.tif Irl and 1t_ci;te: IIII'cii;-114 1.,r ;1 .I'Licr1Liun end 11 c 61 6:.• ("1.A-211 1 Otho n 741.iriiiian a I2.e2lel<lt'ions Alio Il, l' Erik _..!1111: . ;:;IIB tl 1 ,_.'.Iii1' ex;7L11Si#1L' ICi ih ~ C.f]rriui tori ".i ih c ciLrrcnC St;!tli3 .,'1 Ir,LI:iirulii:l Ai Ilk! Cit' nr-.{1 !I-• ▪ A li:,..'r.uoruJiii ctrl !I1..;di ..7.1 itmttrijuana u.,i :: (unlicensed marijuana uses) was established by the City C ou:..' :1 ' r.: >cc. 9, N1141, • A Ir$1r,riorl;Jrr1 loll new marijuana uses licensed by the Washington State Liquor and Cannabis Ri,Irr: c 5:4' I C13) wa established by the City Council on Oet, G, 20:5. 13.711, 1 1 , +t:'1 niters require the City m develop appropriate local regulations giving, effect to the �.1 • = t,lt< 1.4::=illative amendments. 4r$0l'd Cr clan:6)4,17g ifue 'tkrnr o 7 tilt.' tno7'ctoriwn cu' crew uteri jr it7120 Wes licenses r;',:rt Q ilrlecl 111 ! �ir.'5°r currently llcerrses recrcatr'crrra! marijtrati i shops and crrr•rerrth licensed Jrrr tr':ti.,,1 rf:_rr j:rera'Ja sfira;;., ,++,;rrr applying for a medico! marijuana errdrat'. eJitcml Mr. Lamb stated the i''spl'lri na Coralmtssion `.i:Irutes rage f of 9 moratorium will. prohibit any new licenses from sontcotte who ct:rrently does not have a license. Far the current Three retail stores, the maratoriurt will not affect their seeking a medical marijuana ends rsernertt. The WSLCB will trot be isseing those endorsements until July 312016, Mr. Lamb presented the geestions posed at the October 22, 2015 meeting: Couto we require individuntl qualified patients ei license or register with the City? The full legal review has not been completed, however there appears there arc scverti problems presented with this: HIP PA requirements, which requires the City to keep chat information confidential and private which does against our mandate, under the public records act. to he a transparent government. Secondly, there could bc some preemption issues given how the state has set out ilia law for patients tar be gealifed patients and receive their authorizations. Filially, there are cenccrnw from a Fifth Amendment standpoiat, irr terms of requiring a patient to register icor what is still illegal under federal law. Requiring patients to notify landlords Again it raises similar issues, with the Fifth Amendment. It also would be difficult from an aiif+,src r„�,rt strrndpiaiirt. It reaa.Ily is a private issue and the landlord would be able to pursue that thele;*: thcir.vc3intract with i[2 tenant. Cairlarrisrrorrcr Graham .fie.atfr rr fitr aj ra cooperative bad to have a signed deeicralied from the tc-m.010rri. Mr. 1_,:ea e tItat when using the term patients he is referr.tig to individuals. Commissioner :hid: a :,.r : ,i::.r;. R:.' ;°4r was on issue virlt lclrrdlnrds plating.stip7t?citrons within their contracts to be ..fro*iaag or rrandrfy rag lftC r sfrlettce_ or growing. Mr. Lamb stated that he is not aware E-' ii Lk landlords are not his clients and he is not able to give them legal advice, Clarification rrcgardirrt terns used for medical marijuana., kiediaal collective, medical dispensary, and rneetica; shop all refer to an unlicensed medical facility, under prior RCW 69.51A, A dispensary was originally slated to be a legal use back in 2011, however the state through the Governor's veto eliminated the "diepensary_" Medical collectives, are a grrrttp or 10 patients coming together and growing the marijuana amongst those 10 patients Fur the same 11} patients. From a practical standpoint, since there is no ettforccuu rot of those cellactives, marc f shags nisi npomo as do facto dispensaries. The City has riot regulated them or looked at them and treats them a: collectives. Those are the unlicensed medical shops that we had register prior to our ntoratorittnt, •wc do not know how many are iri operation now, those are the ones war) will be seeking the license from i4'SLCI3 to become a retail shop. A cooperative i5 a group of people taking the place of the collective. They are required to be in a domicile..A eaciperativc is up to four qualified patien:4 corning, together tr grow marijuana themselves. Cooperalivae are required to be registered with the WSLCB but they do not obtain a license and they are FIN a retail shop. Only allow medical marijuana? Preemption will prevent the City from breaking this up into medical and retail, The licertssc that is obtained is a retail license. it: is solely up to the owner if they wish to seek the medical endorsement.. Thu question was raised can the City require a location early sell recreational or medical snarijualt;r. Mr. Land) stated that the challenge would he there is no requirement at the stator level that a shop bc just a medical sloop or just a recreational shop. Commissioner Scott rrxkecl if to City cora be Stricter than rice Dote, Mr. Lamb Slated that the City can enact laws that are riot in conflict -wills the state laws. Front a land use standpoint the City cors determine where land users are appropriate, coning and buffering requirements for marijuana. From a licensing standpoint and the products a shop is selling is a highly regulated State activity, Mr. Lamb presented that there are Outer types of uies that the City coli In want to regulate for example a marijuana club. Currently. there is one considered a 420 friendly lot ngc where you are able to consume marijuana but not purchase marijuana. Discussion returned to the collective and medial dispensary. Mr. Lamb explanted that some up.! under the definition of collective since they are taking a donation from a rnemher. Others have expanded and operate ELS rt business. Between 2013 and 2014 fifteen business licenses Ltd listed services for medical marijuana. However, that does not include these who applied under t.it;i i viva. medicine. If they do not get their license by July 2016 it does become an illegal ,aciivit W:.1.(.73 1 1.1 —1 i Hurling Commission Minutes 3 d Lt stated in rr wsbinar that they will not be in the enforcement business against those unlicensed collectives or dispensaries. it will be upto the Ioca1 1eue1 Jnr' natifcatian or policing. Coarrrrfixsirarter Grethen asked about ale consult= retrurred by the WSLCB to be present t (.? loPed?cat endorsed retail shopx, that the regulations for !hem would ,Jul be available tile' Jut' 1. 2(;16- Mr. Lamb slated that he would have to research that further and that the Stag is working with the Department of Health ort those regulations. Corrtrnissioner Anderror marked f the Cily had banned recreational marijuana a lrc!,,. {,<- rcday an the subject of medical N?u l:tha is? Mr. Lamb staged that we would be in a s;r iLar terms of defining terminology, co one wouId he able to obtain a marijuana license, sea ,+'0001d 11,e no marijuana. (Discussion from the Commission turned to the City choosing to Inose ahead 1t'iib i ,nii'z 1;0 new liccrwsing, what issues the City would face with rrredital marijuana. The existinj,t stores only entities that w a:ld be able to apply l'or th+ rrv4diCA1 endorsement. Under 11iis 0:dir4n rnl.ili::al dispensaries would not be able to (rbtaiii ti license within the City and would another city or county. Cormmissioner Graham clarified that the cooperatives would nil, 1111%2.2 t:, leave, since they are for private patients in a domicile. Mr. Lamb stated that is u distinction that could be made, the cooperatives are called out in the State law in terms of a city zoni'r., aridup to prohibiting. Mr. Lamb presented information from rhe WSLCf on the process they are undcrtakinu 'u determine i he number of retail locations. One of the primary things the WSLCf3 ,11'4 Wu rt:itl. wvith a consultant to determine elle: approl:•rialte +1llmher of r t:.;il :IE1res. 'They IcIC i. •,s: ; ,Inks i .,hrl ::. get the lice.-n5ing process going, which is why t1ley 1, 114 i up the Cctobcr 12. 2i1l:; However, similar to how they did before rap•tilauciin number for retail stores for the statewic.e: bt'; ccn clowni:, nnh ;. nl ire in ":he Hopefully will be detaniiiiitd by December. Based inn that WC :. submitted, however, a\,liatcver number the \'SLCS .i t _dial is 1'h. II Mr. Lamb continued with the presentation on the bickgrouw. 01, -V11111 it lla + City zoning and buffer restrictions on recreational marijuana o Adopted in July 201,1 o Applied to licensed retailers, producers. aril I,at:Less:7r o Have used for siting of 19 producers, 21 prerccssurs. alr. 3 rel li!e!� o Note that previously State limit ct (:i.ty" to 3 rt' ailur kLyti'.4" khl':IsllOa` I; l3alll,",fir C.11a.:l ti • Marijuana Production: Permitted iri iheavy and lii:jit indus;ri,11 feriae:. u„t1'i'�I1. 1 11 I till1 an,l outdoor); permitted in limited iiianner (inuothh s,rt' i!hL only in ILC aid :).511.0s. + Marijuana Processing; Permitted in !heavy ancl i:idusCrial extraction); perilhircd in Iiinited manner i;15,1,1t rijii ir,,, RC and C zones. • Local buffers for both marijuana produutit't1 w).; , 1':l r:,siru=: 4:tn1mq+1 ht 10.:atcci wk it l:i:t 1,000 fcct of City Hall, CcnterPlacc, vacant City prof- (c 1her than wtor:nwat.:r and public Ci4111-ot-i.vay}, vacant library propeity,, and vacant school property. Retail sales: permitted in the Mixed Uise Center, Corridor Mixed Use, l{cgional Commercial, and Cumin LI111i ly Cutat]h72;Cjai zones. • Matra! ti af1L1-s for 1't! it rte. c.mi ni l: Cc,c;ated within 1.1100 fc:t of City Hall. CcriteiPlcL:I, vac:inn. t.l'.'' ly:`fiptilt:+ ii,k I 'h' :hdri 6i ....Ihl1ti":'!IL:' :IIid public illt.i'-:.' vacant school propel -t;', t1l� l?p1u,4.1y .l`r.yi I. t'c•,tanni•i1 1 r:iiL Christina Janssen, Planner presented the options ,lir I, Op'k'ii 1) Maintain L'ki cin',_ rt"!ulaltiU'ns • •del retail stories with reed `iiI endorsement 11-12-13, ' u,ir.;^ n.r uu.:iy r. ilii items �•..11I'.. t-_il .an' Lw'ak17 the rcgiliarioiii, • Allow cnu.r1 Lratives • Clarify pcIYi1YT'II`.!" I'::lLIIR:'T"e 1 l;ir crny Y_-.i:i:llli`.:lti0it5 ti`I I1!kr1YC • 41.'ptrld allow 72J rut: Lk hi Itvt::i It'111rI1 AO... ,ill ;nail m:IIk. rind kis.iri otltwr' commercial uses Option 2) Additional regulations • Additional l)llfThr. the passtilrlitlti-• w:.x';]:1 kir use, this results in 61 allowable l).lrr-u Iti • Additional buffer could be 1,Qtil! feet from a residential zoite • limit allowable zones • Overlay, limit areas wheve allowed, el. just along wet Sprague urea • Limit or prohibit cooperatives • Clarify permitting requiremen's for arty modifications for horns: grows Option 3) Prohibition • All .i[mrise types or just particular Cgs e.g. ban retail but allow production or' processing ▪ Cooperatives • Clarify permitting requirements for any modifications for horse grows • Potential issues with eliallenge.s, laligoin appellate cases, with no decisions yet, so result is uncertain Option 4) Provided at the October 22, N13 rnectinp. • Allow minimum aunrbr:rrequired by law • iedicsl sold at retail outlets — existing ti7re. oiY1al;n niett/caI endorsement • Maintain current buffers, possibly restrict under age • Allow cooperatives but only in same zones its producers • Allow qualified patients le Thome grown, assuming approval from the property owner if a rented or teased property • No solvent extraction within any residlerrce/'dutni_ile • Require all infused prodael. or concentrate to be pal chased from a retail snare Discussion on the tax bersctits of having a rota proL: ssing facility and prcductittn facility in the City. Mr, Lamb slated that the City does not see much ui lax revenue from the processing or production facilities since they are wholesale, The retail storc the City ,'eccive die standard sales tax, the additional benefit is a portion ot"the thirty-seven percent tax imposed by the State. Public Comment: Marilyn Miller, 2124 S. Harold Road: Ms Miller stated the was new to Planning Commission meetings, and ttniess your w•.'a1i to work on this till the end of your lives which you would if you adapt option 1, ? or 3. 1 think prohibition is the best way Logo. i do not believe you are going to i,c denying any patients the right or ability to get their medical marijuana, Time is access in very close localities. 1 don't think Spokane Valley needs Io indulge in this. Tara Harrison, 513 N. Locust Riad: Ms. Harrison stated that she is the itatcrim admits far the Collation for Cannabis Standards and Ethics (CCSE). Her involvement with the CCSE , began last year when she was working for an unregulated medical marijuana dispensary. She realized there was a lack of einninurtic i1ion on this side of the Slate, Many business owners were unaware of the legislation that was ming, on. In efforts to close the cornmunica1ion and information gap she sought nut the CCSE, One projecr that they are working on is the Washington Cannabis Commission through the Department ak Agriculture. Ms. Harrison staled that while prohibition may soiirtd great, but no amount: of prohibition is going to keep drugs out of school.. Ms. Harrison stated that she is a mother of a child in a Valley School District. Fier child does witness drugs dealing at school each clay. The programs that are being utilized in school ata ineffective. She has taken the time as a parent to educate her child as to what is medicine and what is not and why. Her child is Rot interested in partaking, she sees it as a medicine. That is a parent's Pageof 4 11-I2•15 Planning Commission Mirulcs { responsibility and no one else's. Ms. Harrison st ted you have to teach your children. When it tomes to something like this, the real~ n Ibis. Harrison is involved abet ti,.hy it is so intportattl k the patients. The patients that she has meet tri the last two years leave imelted her lire ill a wvay she could never have imagined. Slie stated that she did not seek out this, carter, It Iicr ththcr could have had this option she may not Have lost hien at nitre. Tans °f her flintily hay!: ddie1 from cancer. she hes Mir people with that, theircaiiccr is gone. There are medical studies that prove thew, we know there is a very valid opportunity here. In order to hest take care ref public Itetiltll, whet is important to the City and how you want to reflect. ''L1 want to embrace the health, ofpeoplc, Not cvcrycnc has access to transportation, public transit is 5' 1iet they rely on. So having ate option for medical lmee in the Valley is very important. That may be their rily option.. Luckily with the way tealsiatien happens people do have, options. They can choose not to re istcr at all and pay extra taxes, they have the ability to gel '.he produets that the Department of Health .. ill not he overlooking. M5. Harrison stated that you can have a producer that ;.;rows medical and recreational in the future, the erawer curt state that he is or lv growing one: Strain, ones deemed medical o ic:s; deemed recreational. The one that is deemed medical under Mies inure testing and regulations. 1?;.:;:ei w have that is very, very important_ People are seeking this titre in droves, the people that Comte .is patients eighty percent are fifty-five plus. That means a lot, this is growing. need to embrace that this k happening, this is a movement. In my opinion it will be rescheduled in ten years: if we look at what's happening in the iutiirc and ~where this is going we are going to be left with rr: eratoriums trying to scramble tci pelt in regulations to keep the dangers away. That's all we want to keep th c.'en ;ars at hay. it's something that is new and fresh and people are scared. There is also very beautiful der; e-; heii e bent out of this and en turn a blind eve on it time you don't want to have anything to do with t of .:licit. We treed to take care of our city and our health and our wellbeing,. We make r? Hews, retake sure flint everything is pesticide tested, Laid you knew than right now our laws do not reel i Iitedicine on the reerreationaI shelves to be tested for pesticides? Tliat is appalling to me. As a City you may be utile to require that everything on the shelves within City limits is teeuired to have those e.rids of tests. Then yow; can boastabout liaw healthy and viable your city i5 because you are taking care erannd makinu sure:hat your City and the people are getting theee medicines. and that it is gtl.'aranteed to healthy mr;dicine. The tar benefits, public education, only three schools. 1 believe, ir. Spokane County ;rre receiving any kind of benefits for drug education and prevention. Three in the whole county -that's horrible. One of the tax bene Fits is to be able to give education and prevention to OW youth. it is very important that we do that. Ori the Moratorium. I understand why because of the unregulated businesses, there are a few businesses that have given the Valley a black cyc. Ms. Harrison staled that she trndeisturd why the moratorium exists. it is important that everyone followed the rules and goes by the b:1, When art eighty year old wwotnan walks in to get her medicine, she does not walk irttp something that she may get shat over. She doesit't need to walk in, not ror her reeds, she does not need to see someone hieing u bnngnr trimming their product on the table in front of ever:one in the lobby. Certain things liter' thee would never want my mother in a place like that. We need to have standards. You have recent i.: r ;:! see in the Valley that already have their medical endorse:mer.t. So in July they can open their doors ;l reedy. So we do have options -or medical here in the Valley. She stated tient having; morel}r: a .:..ti preeessore is not ruing to hurt anything. People work behind the seencs, they bring in income;; :mmre spronding money within the Vr,lley. They are buying their preducts here they have employees [Rile taxes all of that is very viable for our City and our economy, There is a Inedical research lieentee someone to grew specifically for research purposes, ALI oftheir product goes through the bane traceability system but its turned over to a school or university that is going! to do specific medical tests. We should allow that. It does not hurt anyone or anything. This isn't something that interacts with the public what -so -ever. Blake Alverts, tStil S. St. Charles: Mr. Alvcrts stated his problem is the ainoure of medical shops popping up, We scare). to have more o[ these than we have eseressa stands. He s'..;:c that bu diel rrr�l 1: iI .i they contribute ter the taxes that we collect in Valley, the revenue that could cone ire. ] :. :., ,.tel :rr l:•:.:,,:,;i when he read in the Spokesman Review that lletillwood is ttie isnring. their i i+,.: I ,in ; Lee marijuana in the hundreds of thousands, lettere we are. it tens c,fthousands Wel- •:o'..r ere Its r it irl:'lst and Liberty Lake, we should be kieking leti I lweref eutt. Bring in muc : Ii es :e -e...11.34: 111 , Alvcrt su_ ested that decrease the number of purely medical, they should all h4 rLt.:iI ib ineil. the tiske.d For a reasonable number of recreational shops. that three is not eel -melt 11-12-15 f Iaainir, Carnrnission Minutes ; `) Jahn Miller, 2124 S. Herald: Mr. Miller stated that he k a child of the sixties, he grew up and went to school ut Berkley, F -ie knows n little bit about marijuana, not because he uses k but because he's scut it abused. The question tame up about the amount of money that is taming into the City of Spokane Valley over and above the sales tax, he believed he read it was above $18,OOO and he also road that, that money is used to enforce the laws concerting marijuana, Sot if we arc bringing in money just to enforce the laws, not sure if that is a win-win rat anyone. He stated that he did not vote for marijuana in this state, and reels it is a mistake. Flo asked that the Commission consider Option 3, adopt .a p icrt icy of prohibitirin. Medical marijuana is a little different, he asked why ifitledical marijuana is considered to be a medial= wiry isn't a prescription written by a doctor, perhaps it is. Matt why is that prescription riot taken to an established drug store? The marijuana delivered to those folks could be tested, certified, safe for the intended use and that would take care of that problem. He stated that recreational marijuana makes no sertsc to him what so ever. He would like the Conrunissiort to Consider Option 3 at the least, maintain the moratorium and make it permanent. Commissioner Anderson ask l the erau{iratcc" if anyone rata a medical rrrarijr' is ctikne.Osar;ta, One member °lithe audience used to wort: at one. Another audience member stated that they run a recreational shop art ati'ou Id he available to answer any questions. C:nrr}rrtis,viemer- Kelley asked if the retail owner settee challenges taking the medical endorsement and seeparating:he recreational rraeu'ijuurarx time is nzred,ftarrr the medical marijuana ttahaieh is trrrtca'ecl Doug Peterson, 16104 E. Ricky Top Lane: Mr. Peterson stated that he did riot sot: a problem Neparutirts, the taxed from the untaxed- He has rout with the Department of Flcalth t •Bich will be bringing r i, r; stctns in the spring which his business will help beta test, His business is cmbracing it. ()rte survey a t;.'cl i ti,c business would train its people in more of consulting role for the medical, if they would pia, _. r rr, l would like everyone in his store to be trained medically through the stat;. Revenue C',lristi+'rt Ill tsri ci that his business has only been open for three months. it's I10t going t.. :,r ,. Iib:• , -a..a• i;r- i a. _i stores open on Trent in lvliILwcod. Part of the challenge k that the iraliL:': [ici a i:: ii;_rlt:-r :r:,i:n, a ;;.',• s 1 c worked with the City and with Christina Janssen. Origina]Iy there were thrc_ I tar t.'.:.: ".'H It_, . l .,w April away [rail and other trails made it tough to find a.Iccati,rn. When the Sane revamped v,.ir[1 `::r7"_ - chalk m ittg as a business owner. who just opened_ since r:e ju t got opened unto rite old la':'. ;. Mr Peter,oit stated one of his concerns as a business owner. the restrictions were difficult and ib.. iiaa. licenses may have Tess restrictions. He's heard dia. die zones are going to drop down to 500 Rita 10011 and that the licenses are not zone specific. You lawn "a" amount of licenses for the Valk_, bt;i ih- C n be from anywhere. The original licensing process .vas you were lieenscd Jab the Valley iF .i ha(' :! valid location_ As a business eavncr hu embraced the ellerages and will continue TO meet the star•:Ian-l4 the state. He invited the Commission to visit his shop, it .s professional envirnnrnent they take a ai- seriously". it is a nicL place, he stated that h is not like what you might think is is like. Mr. Peeter•,ar: that he does not o to the medical shops, he understands that tiro regulation process need to t.al3,' pl:y.:,:. ! l addressed die earlier comment on pestieitks, growers have a state issued list of pesticides arca ars: approved: the marijuana that is going through recreational stores is tested pretty exterrsivelyjtr.;t Irot specifically pesticide tested. There are labs that will test it. He is in talks with labs to putt` a:.aahh marc if their products that have been tested more. Cormttssioner Kelley compared business who still to cusrrarmrrs as well as whole stile, ret niat erd as t7 cauiparrs'orr io rrmrlrccrl marijuana Arad retail marijuana war'l? there he any prablenn? Mgr. Peterson stated that it's about building the lrcccss in the stare and makirig it logistically make sense. Need to he ?ry cicar with patients and regular recreational uses. There would need to be Iogisties in place, he '.': iI ..v'c rk I, the WSLCl3 to see what kind of process ,would meed to be in place, Mr. Peterson ,ci,iaxl .1 1 ;icer, civ. nor Thai: process is important, the cxpericrcc of the customer is important, regulation is 14,:err:int, A.; you t.r i w retail marijuana is one cf the most regulated processes in the uvarld. There is se. laud l ilial z stca.c has to tic to be open, we gladly =can: -13; t challenge. ff i r f.i;'� +�'.r;ti±['_i !„ 11:�: '}rl'i 1.'i 4i r C�rarrrritis'it.�rro.r° ��r.{r.+�trrxr irskecl�far•clarre�acuir}rr on r}r¢CDrr.-rrrra: . i'gdfP1':tE17rL'nf. orf! rilvr'errr~G' ra fxraEierad,s mould imply drat they .rc't-n}I},, i -r maedi arior', 1 ri' pf:arrrrrcru!' :,} r1=J!'iCcd?y whem yob' think .mete• 4 r d+l:'r�fc .. +:. :,P.�:.1, .' r` !fiat r _a.'t I, 11-12-15 t'larn_ng Cornrr,i$•siun \ rr}utvs } if you know 14 tae Departinva of !leach looking u! then! would Find, Chep person acting GS a ccrMWiFarra.jrOM offthring medical advice? Mr. Peterson stand it is goirig to he very strict. i-ie wvas in a meeting last week that was dcfiining what a consultant means. A person is not gong to be able to sake a two week course on marijuana tnedical and become a physician. He believes there will be'rahaittE opt how and what you can tell a patiettt, It will not be a position of giving medical advice rather explaining the product and what potential the effects arc of the product. Commissioners had questions about the eorwceutratiatt levels of medical verses recreation r arijtiana. Mr. Peterson confirmed that there is not a difference in concentration levels. Discussion continued on packaging and labeling differences for medical and recreation marijuana. It is the same product but regulated and taxed differently:. Commissioner Anderson declared a 10 minute break. Commissioners cantirmed w,^ith cCiscussioti. Commissioner Anderson suggested narrowing down the discussion :o tour subjects: who should get a retail license with a medical endorsement; should wc make regulations beyond the state in regards to home grew; extraction and where it should he allowed; finally should we allow cc•ops. Concerns about commercial rentals renting lo marijuana retail affecting the surrounding businesses. Mr, Peterson addressed that it is very dit`ticuit tc, find a location as well as higher rates are being charge for this type ofbusiness. Additionally marijuana businesses are having issues with banks being willing to accept funds, Mr, Peterson also kart}twg17t up the Fact that since it is federally illegal that the biwsiness;s are riot allowed to take any tax write-offs For operating their business. Dis:.us inn moved to the Opticns 2 of increasing buffers and the locations of co-ops. Interested in the l l}rt[} font buffer between stores and the residential zones and to look at !tow to allow cooperatives., CoLnnilssioners asked what happens to a business that beentnes legal. nnncauforming. Mr. Lamb stated drat if a legal, nonconforming use abandons their use for a year they y are done.. If there is damage up t' righty percent they can continue that use. Ms, Janssen stated that the legal, noncouforlltiryg had to resume operations within twelve niontlis. The question was raised as to whether a business may move locations and 5611 be maintain that legal, nonconforming, status. Mr. Lamb stated that the noncanroan ing use allows them to continue operating in that location with that use. [f they moved they would be subject to the new rules, Commissioners asked about nta.int°ainitwg the status quo of eurr-ent retail, producer. artd processor would that be considered prohibition. Further they asked if it would be pcssib[c to allow: the current retail shops tllc option of moving locations and maintaining license, Mr. Lamb stated he would heed to think about this further. The issue was raised that maintaining the three retail locations and that only one of these shops is located on a bus line. This may eau transporration and accessibility's For medical marijuana patients. The issue of capacity was raised, Mr. Lrsinb explaiitec[ that there will be a three tier structure related to square Footage ataci this will remain the same size, but allow more stores, he will confine. Di. ussian turned to the possibility of regulating, the ctlncertrltion of marijuana as well as the paraaging. Ms. Harrison returned to further discuss the different compounds within maryuann. Commissioners asked about controlling signage and promotion ofthe rn:lrijt.ran . Mr. Lamb stated that the State regulates the signage as it relates to the location. The City Joes not allow off site signage. Jenny Nickerson, Sr. Plans Examiner, presented an update or a proposal before the State Building Code Council to limit the number of plants to 15 in a buildings other than a Moderate Hazard Industrial Occupancy building. It-any entity wanted to grow more than 15 plants it wvould have to be in a Moderate Hazard Industrial Occupancy huik tins, a residential use would typically not be allowed in this zone without a fire sprinkler system. For the most part a large number Of our 'existing buildings that house residential rises wvould not lac appropriate for the gtooilw of any more than 15 plants. The. Commission asked why growing marijuana plants is considered to be a fire hazard. Ms. Nickerson stated that it is not necessarily afire hazard. However a iirttitation needed to be seal to determine if it would be a Factory occupancy ora standard garden. Acct-op which is able to grow up to 60 plants would aced to bean F 1 occupancy. She further explained that the types of operation in a building and size of the building would determine when tiro sprinkler systems would be required. If an extraction system is iii place that include chemicals thew can trigger a fire sprinkler system requirenwcnt at a much lower threshold. Mr. Lamb Pose g aft L 1-I2-13 Planning Commission tvtisrutcs Y`� it ti�tti :sir .villi clariftc ation that a co-op would be limited to 15 plants if located in a domicile, unless 1•i• were Ii -ated in an industfial rove_ i [w. Barlow reminded the commission ',1131, at the nextrneeting they will be hearing frorn the police and d .pnrirncnt. AUkrlc'r's0,1I ashy/ ►lahnl a MariitleMer s eciadlu cdrrrli is. M. F1arriSan explained that A s1icciaity dirk is a rotating clinic that have doctors who do authorizations for medical marijuana. are allowed Lo write thirty authorizations a month after that they have to report the number to ;i10 Stem.. ADJOURNMENT: There being no other business the meeting was edjaursaed at 5:39 pan. Datestgrted i�4l►t.o. Sectary 1 1-12-15 1'!:mrnn CurimiiS.",irill Minutes hoc 9 cf 9 CITY OF SPOKANE E VALLi'=Y Request for Planning Commission Action Meeting Date: December 10. 2015 'Ruin: Cheek .it1 that apply: 71 consan IJ. old business U flet+ bti iil:sti 1:; L1L1.11i:' '1a;lri:ri ir13t1r:YlrltioI L ail,f11111 7cport 17.I}.'1Yi. la i_' lit i 1;1ti4ii 1. IF I'' i"41..111"41.1.11.k: J\-i'r11 g.t1'JIJ � FIT )•t TITLE: Study session - Comprehensive Mariju,lna Regulations 10. SCItlPTIC)N OF IRr P 0.ti.AL: IrL-r1 '.;.LiEL :I.1 111'c ;! :2 .[td I, ckgruund on ciriwlnt a;r'; r1i melt , :rl1t: 1c City's current T11Z1'16'.i:•ui I rL!'11l.1Iions. CI1"I0I1: 1•1214t1IaLl(1L18. GOVERNING LEGISLATION: RCW 331.70A.106; RCW 69,50 (codifying initiative 502): RCW 69.51A; SVMC 17.80.150 and 19.30.040; SVMC 1915; $VMC 19.120,050 PREVIOUS ACTION TAKEN: C;'ir1, Council has adopted regulations as set forth in SVMC t9.L24,050 and SVMC 19.85 for the zoning ;Ind bulT ring :jf recreational marijunnu_ On December tuber 9. 2014, City Council adopted a moratorium on urrlrC.:rtsed marijuana uses (prirrtatiIy medical marijuana), On October 6, 201 5, City Council adopted a inOr:l1 •riuln on marijuana us©s licensed by the Washington Liquor and Caannnabis. Board t.-WSLCB"j. conducted a study session on October 22, 2015 and v_ic:o"cnib 07 1 2 2015, 13ACKGROiIJND: The City's in the process of developing comprehensive Local marijuana regulations. as required pursuant to moratoriums described bcic,v.'. Tian Plur riing Commission conducted a study ,'f 5;001 on October 22, 2015. On Novertiher 12. 2111:S, Piallnirl mmissin-1 zonducted a second study �� inr1 4111t# receive:. public comment regarding de,,dopmcit 01i_::ty marijuana regulations. l'Lannine. (:c1i'nhission has algia requested to hear from Spokane vn&,,,, ,!-.4.7,014.mic Valley Fire, and local 3+2L1c01 districts b4L'carc clisr.ussing and da4eiapiPl IIC.;l rc ulaticns. P1anring C'onnnlission will hear from Spokane Valley Police and Spokane Valley 174e [111 I Jh.:einbur 10, 2015. Statilia3 invited Central Valley Scanol District, East Valley School District. and \ vst Valley School District to participate or provide comments as well. Oitleslraajunr Pki.Iuring Cuiriijr ssicw i1t its Arut+cni/T.7 22 261.7i r„rc'ri►rr, DUI-iltf the Novernbet 12, IC:' I meeting„ there were several questions from Planning Co!rtrlli:tiion I a[rdinga variety of issues. .1.1;.1 anSwcr t11osc Issues at the December 10. 2015 meeting. L)11(.; iisue that 4t'a drsk;ut ed "! 1 ,11 ,'I ':I1L City could allow'medical-only- reca.t .•1..'11 111 ILr.0 (1 ci,,,,t,:iloci teere ;tion tl-mek.I1 '..11 't°I:iI1 note Chat the State sy5r :111 is set tell : I1 Erar Leii iit or rc•:.-ail stores. rct..U1 an option ofthcn :_•eking ar.d rccci-virlp.nlarijttml ond. -sari:ani. in 1 r;;e1 ',ta :• ItY.r-iiu,lrii: t:a qualified pm ° t'.l .!L .1 1a .—t til"111111 !':11•,' ,,'I;I.it[t ;It llll7E' i I1_ tlisl'::lC1ioil ]11 ;,;Lir Iti ' klith'L'l:cll stores" and 1.‹cfc:iti-: iuil tiCi1f1 S .i, :'1 ti.I!:.:` 'rLr.: .:.i 111, tea l sties. al)1'a t[ tiT,1 'T1iTr'.Ld]il'i; tax-exempt to C :r u1:1 L AC o1 'iw,j[e;c1;L!!11;11 '" :+. Llll [1iL.,l ' i5 ;i li ell=:r1g ci11C s 1 the State level much more so than can be parsed out from a land -use plain ir ; standpoint at the local level. Further legal and praelical aspects c1this issue will be discussed at the Di cemher 10, 2015 meeting. After hearing froth. Spokane Valley Police and Spokane Valley Fire, staff will be looking for direction From Planning Commission on what tltc City's marijuana regulations should accomplish. After receiving that direction, staff will draft proposed amendtncnts to match Planning Commissions direction and Planning Commission will conduct. a Further study session on the proposed amendments a5 well as a formal public heurirtgen the proposed amendments. As a reminder, there are numerous options tlunt Planning Commission. may ;:onsider as to what the City's marijuana regulations should accomplish, Stag has provided examples at prior meetings and the examples are included again below. Opf fret s City ReAralorkm Options Planning Commission a.2, consider a range of options far the City. The options rank From i,7, ri,::, il;n�a sa m current retul4I.eii. to adopting conte further limitations (that would allow a limited i,rcre.Vs :I licensed marijuana uses) to adopting a ban on additional licensed marijuana arses. Staff pri. ernuE. potential concept's to City Council ;at its August l, 201S, meeting. During that. meeting. Council iitdic i.:d ,i (b_ sire restrict marijuana uses to their current levels or to minimize increasing lite ,lumber or stores 'i.iie_ iaw would likely preclude the City -From expressly setting the number of stores to be a!Ionated tivitl:ln ir: tire,, but the City may adopt reasonable land use regulations governing the siting and location of s"t :' suras. One option Council discussed wus possibly including an additional buffer preventing retail s..07.cs from locating within 1,004 feet of any other licensed use. Option d; Rely on existing regulations. This approach would leave the existing City regulations in place to deal with any additional letail, production, aiid processing licenses, Under this option Commission should consideF whether these should be any additional regulations for cooperELLi". Vit; ILe t can only be located in residential zones). This would allow a potential increase in thy r`rirlIll4, aw,:fir prod tint ion. and process int,' stores within the ex.sting zones and subject to the buffers, "lite I Uri it ultimately be set by the State. Under this option, stag would re;onrttend minor change:+ i 4 -ink definitions to account for retail stores with rnvdic:tl marijuana endorsements. Under this option. Ir4r aro 727 parcels that would allow retail steres. i-lowevei•, not all are available due to market cows.. other commercial operations that take up a significant number of those parcels. Opiion 2: Adopt additional limitations, such us buffers between licensed marijuana uses, prohibiting cooperatives, or further limiting the allowable zones where licensed arses may locate. Far example, if Planning Commission wished to further limit stores, it could adopt a 1,000 foot buffer between licensed retail stems and all other licensed marijuana uses, This would lituit the number al -allowable parcels to 61. I-lawever, this does soot rake into account any existing commercial stores occupying those parcels or other market -tactor limits on those parcels. Further,. since there are licensed stores and due: to potential ri iisancc-type impacts on neighborhoods, Planning Commission could consideer prohibiting ccoperativcs l.L7rr,i rows of up to GO plants). Licensed marijuana use are currently allowed in four ones CUP, RC, and C. '1`11°ti could be further restricted to limit the areas where additional licensed shops could ].,)care by either reducing the mailable, zones or adopting an overlay zone limiting where licensed r.rc l ijuarla Amy located. Existing srcires that might otherwise he impacted by any new regulations SIC:IL! hcci ••roc Tlilri-crit :1ri'Tlinst owes and so would not he adversely impacted. Ad :iii ;1 I)';:1hillit-iii Lm scum: 1; ty"pes of licensed ntitl'i i imi L isi 110. Ill nse'I .ISIS t-C:c,1nh::�"::;.1 non-c.-ynf-oi-mirin uses and :Lo would not he required lc stop uIl rotioili. 'I 11^,L'?'.\-er. W any addition:1i iicctl; d Uses_ Note that Whi] o If l elf ' 'es prohiliiic.Lt is valid, lure have been no al}pellote ...ieurt decisions validating a city's mithcrity to b,in licensed marijuana uses, and so staff cannot definitively state what a court may do if' the City were challenged on a prohibition. Option 4 (provirlerfa:ti Qciober?2 meeting): • Allow only rnllilnurn number required i.t law. • Medical marijuana must be sold only at t•wcn2Ali-.);)al 1'tita l L'ILtki,. maLril;Lirt the exlS11r1u re«lil outlets but require them to obtain n medical. l id L 41111:1tt • rvlaintalrt thle current buffers, hitt possibly ell1C1!11! • +lllotiv cooperatives under the same 7.0niiii rxtIc cooperative requirement that one may only 11avc..1 cooperative in a (tom iIC. • Allow medical marjuarla growing in privaic 72sidenve fir personal use. a;7y:1 r, .l ; .1;'1+ •',li r ;ceived Limn the property ntaner in the case ot .t:nu:LI n ltiasec: !`aicilitics • Do not allow any solvent extraction within:lrl; 1'esiduric.f;d llaticile or 1]r,11,�rL}. • Require all inFitsed product or content -rale to hey purchased from inedicalireereariona. " tail outlet. A copy of the proposal is provided as part of -this Packet. Genera! Backgr°urrrrd General iril`rrmati•:Al regnethr!2 11.E b.ttl.«reiultc.. PL1iCris h%r iFi City ;inti state law requirements are provided ;_n t'7e Iti1'CA from 1:13 October 22, 21015 Ltice[ing, whit 1 is att welic'd. NTOTTCE.: Sraff contacted Spokane Valley Police and Spokane Valley File to present information. Staff SL:11L7i+1 cll�, :lit_'l� [4.: pl['l1C1 pate or provide comments. ..PPR€)\•'- i CIHTF.IZI.t: `1 1(° - cli[ n 1 7_E;i_150(I ), 7rr;wielcs :i.,prov ar. crit•.ri t for tee,..:uni dmeuis c Illi 'tC tll� er:terio:lS[I� uI itt:, LE:il t,llw �!I'C� l='tiC'l= i=1,?�.ILLI'.li'Cll(5) CIll15r I'0 c4'.•1;ISCtil1- v: 1111 1110 :!;til lictl:]le prsraiit'r13 i III,: and 1•t-c:r a ;1111.-[ nvi;11 r:.1:'.lion. tel ;ltc public I'.ealtl�. sclfety, .Welfare, and (}rt,[•. i [i ilk e 1ht:: 4 ll rctirll rii. RECCI1VNIE DED] _k€'1'Ii)w ss'orl :1Ca. Lcnise lSus on an option_ Cii:c ;ill ..-viioIl lr- C1 -'11::G1}1, tib:"t :'•I I tl"'.'.11 2pirepriatc proposed amendments based upon ;itis; Lu:i p It,l' llll'!i'.w[ 4.::315IClCratiL;n. STA1r CONTACT Christina Janssen — Planner fermi., Nickerson — Senior Plans Exalr,iner lir-''• Deputy City Attorney ti1..IA{ ttNIF'N'C; Cort nissiener Anderson B. ''...:i R, (71 1&11C..-\ from October 22, 2015 . C t::. '-. i Itl'c.•\ from November 12, 20. 15 ,11 41I 1; C. Copy 1,l .11 -Ili minutes From November 12, 21J 1 .-_- E. E-. 111:]1; licensed marijuana facilities Minutes $ptiltane Vnlley Pluming Commission Council Chambers — City Hall, 1.1ecembo.. 101.2015 Chairman Anderson called the meeting to order at 6!I:10 p.m. Corninissioli. -,:tatr Lid Cur Li .A-..:111egianc,c M. Horton took DIA and the FoLlowing member,. ;1:11: ,,L_Zi.c.^.'CL'e Kevin. Reather Graham Tim Kelley Mike Phillips Susan Scott Joe Stoy, absent -excused Sem Wood Cornrni.urioner Ptrocia to •'•q•:,1,!!!'t Coo; Gr(tinCtirt '.vas J.fxiJltr•ft'.:C.,,P, Zera John Cornir.t.nn.v Eiik City Lori PLI'ir.•:':r .1 Sr. 1-1um ?Laiiicr Ken PLaiiei Sectctary of tric ComirnigSibil Joe .5,roy f,rom the rpp.1..i.r.T. Tirg retre on this motion '11,a5 a in rssed. /O. Commissioner Suit 1.4.11 said on Page 3,secon.... Elitrawapb, I iu (111:_:1 - types of ifle.; ri::. regieLve considered; 421) " tr;1:5ktirige WherC yr"? piaNjuatia." 11 was deLmnined the at.' in frorc. d other correctivas to the utinmes. os cpprended. The yore pm al? dnoriodif we...! 0 i 1'01,01% COMMISSION R EP 0 RTS: regarding marijuana usage, [n2 ADIVIENESTRATIVE REPORT: Cmm ounit) Nlopmcni kiln Hui- rcpoi:cet ,:k:litl for Planning Commissi,un Ciputiirkgs AS 2(.r i\1r. W110 ViMilid he 'Leaving at the exc. 0." LIN and Mr, ilollrnan also reported :he first meeting of [he F I 1111111.1 1 .7: . 2016. This will allow for the delayed pror2-2Ns ILL Courim:sioners. Li January 28 meeting will be training which is rerpiNd icI rnr Cor Contiii.s.s,o(t,-A'$, PUBLIC COMMENT: No public. comments. COMMISSION BLIS I. 71/41 VSS: Public Hearing: STV -20(5-11011!„ Street k'n-un (in pcvLion of 3" rtikvcunc Karen Kenthdi pIi.il1JJ 11 icdik ;"•1 and 4111. Av.-..nue ti5t 'ad 141:L:111 1.1`112 340 NO ia length and innr,i.L,L ..7,0 t;2:c[. -Au; i);.r.;e!E :471 cni2o1idated lac onc. Scud] or. 3' Av2.rui •)Nrce!.F. CAC LI:id iiccess will be by an existing cas:rnclii: tr..)m 1'' renctiniK, Ms. Kendall prnented[iv EdruiIie 1i' the niinilictird l'or the recitvast: 1_ 111e area proposed to be vacated is Lull Ho_ ; 1;1c 11 2. Location of road limits ninKirnuirt use of.t.iittmg 3. All six parte b abutting 3'4 Avenue (north:10'AI oreLI K. t.;[in,,, Ily ty,xnc.-,r 4. The structures along thc wcst proneril ri itth II.Nuy cuiiiii1iOfl, and 5. No parcels use 1`.6 Avenue for access. Commissioner Scott. said the staff report nicrni)ii.cd a1)uttii4,2, pl-Qptity along 3'd were notified riLly.5.111,2[1 11H on the City's noticing bit r ;vas nnone on 4' Avenue slot" ricd. \ Kctb:.11..'11 scntenc,.: 12, •iii-7ar. .22.-A.11,01C 6' WO.' 1,7; brri. rt:pl,Lcv: an 12, 20 II1E Jruf10 Cnnim:ssioner Kelly rpoPcd Iic [Wended a -1:11.11'2, a: C -:n.,211' -'.1e2 :_:iirnmitislnti Minima Pala2et a the properly owners who were rtbutting :7"1 Avenue wcrc notified. Commissioner Scat[ ti'4tl ti_ r.rt: ,Iii I:ermori with the easement was not notified. Cowan ia ns ked about the noticing on the property and Ms. Kendall explained the pnstin , requiremenla fl:Ir a street vacation and the location of the signs which had beim posted on the properly- Mr. Woad mentioned the sign hanging on the fence was difficult to see. Commissioner Anderson asked why the southern Tots were not combined into one parcel. itis. Kendall asked for clarification, Mr. Anderson said the rorthcrn parcels were proposed to be combined into, one parcel. The southern three parcels are being proposed as two parcels instead of one as is being done on the north side of the right-of-way (ROW). Mr. Anderson ~unloved a reason why the parcels were being aonftgured as proposed. Ms. Kendall suited [hare are t'vc single f hilly[ rc3idences nn tIi 131-id and in order for each residence to have its own parcel this is how the configuration u=1; ;i-c>iiosed. Mr. Ander_aon said he thought the goal was to develop the property into muttifam' iv I; .a:I'-- l.• -int. Ms, Kendall stated staff was not aware of any future development plan for the property. If in the future, the parcel configuration did nut work for the property owner, them steps could be tCilit.ii at the time of development to realign diem. Commissioner Scott stated she was co treaded about the size of tllc eeisernents- One ciftharn is a IMoot driveway easement which was granled in 2002. to serve as a driveway for one of the homes on the Applicant's properly and an easement which Will be granted to the City fora path to the Appleway Trail which is drown to he 15-feet wide. Ms. Kendall stated as part or the proposal, adjacent parcels with .It:ccas are not haul:ad at. Ms. Kendall said only daring Future development would acc:s.s to the parcels ie:nrl C''' be 14idres:,tsd. Ms. Scott vas concerned thewedtc the wcs., with 111e coli:tl4.l :;i.,anicitt'vas ltii. i)oLi 14[: 01 Tx: street vacation. senior Planner Lori Barlow Cep:a4I1 : the notraiiiig 1:11 :ikk_S to tate i.c�ltillliSs {11L ^s. 'Hie noticing requirements tier a proposed street iI' 1:'toJ tlst` :;lr, ':treat 't! comment. Ms. Ba1-1ol' sand the property- to winch tile. Scan a a.. i; ,i.- 1s aft :Kit bti [hu of the street. Ids. Barlow said the noticing e.rpui'c ilCr1'. her.•'.: _::1 :n't; ['tier;' discus-;:on ra .hi i1t.;:�1 t':,. 1L:iire access v.'alild be taken up irfurther develupine COinni:ssit,ti. ..tinder}on opened the public hearing at 6:30 p.in. Conines-;ict1e ,Anderson asked the applicant if he would Like to spc=:'I, Ilic (lie audierIL: 1iv d 1 not really+ have anything to say. Commissioner Andel cii as'.,.LL Ilii ft• [cp ttyi I1 the podium to ;pea': because he wanted to question hien. Dain Fdultquist, 14,502 N. Freya: Mr. I-lultguist stated Inc had 111S} ectu"iiissionea Anderson asked to clarity whether the: driveway easement, which serves one of the Mouses on Mr. L1u]tquist's property, wank' Ifo an easement as it is. Mr. L-Itlttgrrist said it was just a driveway to the ]louse on his property, Calx nlissi4lr:er .Anderson asI:cc i F tic had to leave it as an easement. Mr. Hultquist stated he did net understand tlic question. Commissioner Anderson asked irbeticveloped the property in the future, if the easement would change. Mr 1-itiltgtlist stated it would he 1ifi,rd to say[, he didn't know what else it would be. He had been planning on developing stir: property fur 20+ years now and it still looks lite same. 1-Le said icer could, root at till time, anticipate what would Kapp rl to the property. He would not want to give up the easement since it scrums his rental property. Commissioner Anderson aSked Mr. Hultquist if [he easement w.ns :is it is, where it is and would not change:. Mr. Hultgaist again stated Iie was net sure NNW,: ivt ?w,nd.: h en was asking, but it wins .4 II easement tc'the rental prcperty. IVIS, Barlow clarif ad that iii this ;:,tic ;:, sl1C casement will remain as it is. Mr. Anderson stated he was (tying to look out for the property ownci lint invehhed in this process. Having no one else who wanted to testily, Commissioner Andersoli closers the ptabl[c ]rearing at 6:33 P. m. Commissioner '~Vood stated Iie had no issues with ti'ris proposal. Camsr.issiorter Deily said lie did not have a problem with it either. Corttmissiouer Philips was only concerned there ti"ould not be a landlocked parcel, Commissioner Anderson said lie had no problem with the street vacation, hut be was fixated on Lhc easements. He was concerned the easeinelits for the property would not he sufficient for future deveiopment. Contlmissioner Scott asked if ti3e property had been inveslilalod to be one which the ROW would go back to the propee y owner. Deputy City Attorney Erik Lamb stated, although he did not look up to see if lllis plat was dared previously to 1904, if it had been then the land would have reverted IzIO-ii Planning Csanunissiuii MinnIcs I'agc3 of9 back to the property owner. Ms. Scott wondered irate City would have to buy back the ROW 1rih;re WAS future development. Ms. Barlow stated if there tions future development, the ROW v.muuld be dedicated to the City. Ms. Scott was concerned the increase. in the amount of square footage or the properties would increase the density allowed in the arca. Ville' property was developed, CoutitiisSfoner Graham mooed era approve ST V -20.1.5-000L The vote on f!nr +aroiion wrts six in fraior. zero against artdthe Nrolioft paia'.sed Nanning Outrun Issiort Findings: STV -2 H5 -40b1, Street Vacation of portion of 3'1 Avenue Ms. Kendall stated the City preferred process is to raring the findings back at lair' r meeting after the l,uhlte hen-ing However because of the holidays and the Planning Commission's next available meeting for business would riot be until February, staff :s bringing the findings forward now. Ms. Barlow stated the proposed findings reflect the decision made at the public hearing- C'oiaraaissorterr. Cia'rrlro as waved& crppi'U, ,. retie Prcitinraa ; CUHrriris,Crdra firrclirags for STV -2015-11061, the vote on the enc3tioer rine SO: in AMP, _Lara agaiirsi and e!te wain' prase d. CTA -2015-0006 Marijuana ijuana Regutiations Commissioner Anderson asked the Commissioncrs if they ikv+anted to proceed with the study session or to defer the discussion lentil new Commissioners are appointer:! die New Year. Deputy City Attoriiey Lamb said this ~would be up to the Commissioners, mini LIP.A ,..ert people in .dteudanee who came to speak to ilea: sribject and there would be at written record o Itr . ir,_eti acs for tiro tees, rncrniters to review, There was consensus to continue with the study sessio s <rt ', listen eta the people who carate to share infer imilian regarding marijuana in the City anut related fire codes Lt. Khris Thompson, Spokane Valley Police Dettar'tnuint (SVPD): L.t, Thompson stated it had been long process in clianging the regulations regarding the Iegislartion of rtiarijuana, Senate Bill 5452 brings together how medical at compliant marijuana will be handled. The C;ty's numbers since lite passing of 1-502, which is when the police department stated tracking marijuana related driving under the influence (DUD. In tlirr 'first period aFte.• law ,aras enacted the police made 13 arrests, Econ of which were minors. In. 2013, there were 43 arrests with 20 being miners. Ix Thompson clarified the law reads a `rnirtor would be anyone 21 years of age or younger. Commissioner Kelley asked if these went: just marijuana arrests, or all DUI arrests, Lt. Thompson stated Meese were. all intoxicants, including alcohol, marijuana and other intoxicants. He continued in 20! 4 there were 62 total incidents, with 22 of theme being; under age:. So far this year there have been 50 D'.„11 arrests with 15 of them being under age Thml were DUI, by drug, specifically rrturijuana. Comnrissic ner Wood asked if there was a blood lest associated with the DL'1 arrests, t.t. Tlwinpgon said there are many methods used to confirm the use of drugs. He said there are peap* trairi.d specifically to determine if sorneoate is using drugs at the Linc they are pulled ever. In 2013/14. when rite SVPD StFirisd tracking marijuana rain ted calls there were ;.1 calls related to Inarijuanti. These could be burglary, thefi, properly crimes and so on. lit 2015 tl-_er2 been gS inc.-id:Nits so far. He stated about Lialt-of the arrests were minors and ihcre was a trend trf but:nit becoming involved int these crimes. Commissioner Graham asked if Lt. Thompson was aware of any increase in funding to support the po]ic,: departments. Lt. Thompson said he was not aware, but this would t;,. question for administrative staff. Commissioner Kelley asked how the police department handles cis .s where plants were involved if the person owning the }prints stated they were for medical gegen. Lt. Thompson stated there were different levels of enforcement between Ilse different police cicpatrtrnents and tlic Liquor rind Cannabis Board (WSLC13). A medical patient is required to keep paperworl: ;irc to show if there is ever tan issue with prams being grown in a (tome. Lt. Thompson stated laatien.;, who wished to grow their own, would need to he licensed in order to avoid potential prosecution. Commissioners had questions regarding cooperative grow. Lt. Thompson stated the rules for n cooperative grow have changed, from allowing 10 people to participate to four, it also reduced the number of plants which will be allowed. Registration would assist officers in knowing where authorized growing, ,.vonld happen, but it is voluntary for individuals. However the nle'ditr71 card r ived from the doctor would state how ninny peones lite patient needs, C.nnamissinner KeF!e.' asked if the increase in crimes could be pin -pointed to c act:rring around schcots, siting the Commission has been tasked to consider new regulations including new possible buffers around certain facilities. Lt Thompson stated he did not have hmt detail of information with him, but it might be possible to fund the 12•10-I$ Pinning Com nrissiois IMtirsutis Pale 4nr9 information at a later time. Commissioner Scott asked about enforcement from the WSLCB Lt. Thompson stated there are different levels of enforcement and Cite W5i,Cf enforces the licensing, rice police enforce the crisninul virrlarions. She also asked if the information regarding un in-home grow MIS supposed to be posted on the door of the room containing the plants. Lt. Thompson stated the patient is required to have the information readily available, it should be posted but this is not always thv case. Commissioner Wood asked if there was a portion of the City getting more criminal incidences than another. Li 'Thompson slated it was all over the City, not in any one pine. Commissioner Ston also ast:cd if, in his personal opinion, the ofncer could see the trend continuing Lt. Thompson said he could see the trend continuing with the availability eafthe product. 'reg Rogers, Spokane Valley Eire Dept. Fire Marshall: Mr. Rogers stated he did swot ham the numbers, like the police department does because they do not associate these brings with their response with the chemical components which are used. They have seen an increase in call volume, mainly from older adults whin are experimenting, !wised cn people thinking they are leaving symptoms of larger issues such as a passible heart a.tttck. Said lac bars seen the call volume increase in the last month, of rinaulhrsri-r-ecl bt.rn of harvested plants and feels this is in part the to fewer extraction processors in the county. In these incidents, the fire department is required to turn these incidents over to the Cle=an Air Agency, and they are responsible for the enforcement. Tracy Harvey, Spokane Vrtlley Fire Dept_ Fire Protection Engineer: Ms. Harvey stated she has become involved in the mart, uana re¢uIations tltrot[gh the trading permit process. She his noted a need Tor regulations to make stiru the growing and piocessingof the marijuana are done salol:!. She has been involved with the international Fire Cone 2015 amendments. She t[:1• -'t uteri Hive lacca some emergency umen'Jnments to address some of the extraction processes. `aisry st,;d I3W participating. in a Cannabis Technical Advisory Group for the Siete Building Cock reNi 4cor• : ',i .gate the Fire department is learning From the growers and proeessers mile! li, .+Y in regulate these businesses. CantmissionerGrtis;un about the extraction i ro ±,s -'s Find ;lee ,Flt.iic:l I`:iciCities which are licensed to do business, but are net licensed to operate ES a riw. :::N i,.:;::[v:; `• Cs. 't,��,. y explained as the new rules take fNct and 'iucdicaF' marijuana gets rot: -.!C irltr. stores the regtrireniet is for the rccrcationa: will apply. A new permit, which hay h:cr- :,c:o:licd by the Fire Code. stales any new extraction processes most bo reviewed) by the local tiro :3c11.:7.[1l1 [it. There 111 be inspections of the processes, fneilities grad an annual review will be re gSrir::cl- r tt;iii ,r3' tier Greiran. asked if the fere department had responded to any MIN at ant wrf tiro C ty`[•:3r tlrc:dUCCLZ, Mr. Rogers stated they had not. He mita the processor's and growers ha'. r tirc depar1sucat to look at what they are Going so they are tante aware of what is going on a; tlac, I1,-cal);:r[y H Cas--, 471I'tlac need response. Mr. lagers said he was Aar] Ilte medical would Iiavc Iu Follow the wars: regwI[1(zia, as. recreational, wlhicli means they will rrat be able to open business nnlcE;s they i are; been thrbu,ia department permitting„ process. Ms. Harvey explaincd cL:rr[ Fitly lli :;: i :101 ;I 17 •;:i .t sior- in the City which is using a chemical extraction process. Soine are using a CO2 system, bi i riot a chemical rxtr:[c:irrr - Commissioner Anderson asked if harvested plants can be taken to the `c:lean roe=[l" i„ .rt,.A the transfer station. Ms. Harvey stated there 15 a process where the plaints mast be taken to ncrgy Plant for destruction. Mr. Lamb offered theme are; also stow regulations which r::Ei',ir:: the addition afnon-edible materials in with the plants so there is no useable material, Commissioner Wood asked if y, on have a cooperative wow of two to four people, acid LIk can grovr. up to 6o plants, aren't they using halogen lights to grow the plants, which could be a tire !wnfarel. Harvey stated nanny are using LEI) lights now. Commissioner Wood said he felt this type ofcl:rratior. could cause trouble for the fire department. Ms. Harvey stated a couple of yews ag,o. thele Wei ra ti'e 1 :1 garage; which had a grow operation in it Tlic two minors running the operation had Fisc :ichl sl:;. 1?.at this was seldom. Commissioner Wood asked if using so [mach imam to those kinds of llatngs, wouldn't ibis be a concern to the fire department'? ;,.:. Harvey . [ :rt .l [ 1ivrnsiz would be needed to [make any changes to the (tome. Changes to the cli:c-i, 1:.II [. a -; Labor tend Industries, which the City does riot have a hand in. Ccinn>!i r:i,:ie'i 1 it nett a way to make suggestions requiring these types o changes Lind tl,;.-.;r, have to meet a certain stnnr and to be safe. Ms. Harvey stated the re6iski ins ;ilr.:ad . :,.11, i - :e .,'I1r.isl _ w•: occupancy to an h.-1 occupancy, which would require iL pertniL and City r..;°::, ,.s 1' 4. e ,. e: izt ,s rectory industrial moderate-[tazurd out:opaU y In :in F-1 ocenpil1Cy (were °.; i 12.10.15 Planning Commission tvliuuiw:s Page 5 or') minimum at whielt the building is required to have sprinklers. Most cooperative, grows ww'oule nal trigger this rcquircment, Sprinklers aro based on the size and square footage of a building, nor on hew many plants might be growing in a home. Jenny Nickerson, Senior Plums Examiner. Ms. Nickerson responded to a question from Commissioners regarding the ability to require sprinklers in a cooperative. Ms. Nickerson pointed out some or sults being discussed are proposed, and have not been adopted by the State Building Code Council, and are not currently requirements. She s: id in theory if`ttn in-home grow Bart 17 plains, was classified as F -I occupancy, there would be miniirrum life safety rtquirsuse.nts in plaec. Sprinkler thresholds arc generally at 12,O00 square feet for ort F-1 ucctkprrncy. I -Lo xe i. on F-1 occupancy of ark size is going rn he subject to certai.: fire sensitivity, egress in an emergency situation, including address and posting measures which would allow the lire departirment to respond adequately in an emergency. Coittrnissioner Kc1Lcy asked if a daycare with 7,00 square feet would nnl rceltiire a sprtrkler system. Ms. Nickerson stated a dnyarre k r different occupancy and the requirement wcutd be based on ti:e age of the children, number of exits, and the number of children which would be oceontrnndated in that building. Ms. Nickerson felt a 7,000 square foot daycare would probably be a sprinkled I uilding. Commissioner Kiley asked if the Commission could suggest lowering the limits for a home grow npertItion. NIs. Nickerson said canopy space could be something which could be considered. Site said it could be considered, tighter sprinkler thresholds for !lose types of uses. Commissioner Graham asked if a co-op has 17 plaints, have registered with the state its u co-op, do they need to apply for A change of occupancy. Ms. Nickerson said, assuming the proposed regulations are adopted, whicb would trigger tltc F-1 occupancy requirement, a single Tinnily dwelling would not be consideree an C' -I occupancy classifications. She said what had been discussed al the previous meeting was ifa grow kavas hatred in a building which has an F-1 occupancy and a person decided to I;va in the building, that would trier the fire sprinkler requirement, no matter what the square tentage was. Sprinklers are only gain; to be required ifa person is living in the same building. A detached garage would need to maintain et least 20 feet of separation. Their tame a question regarding a domicile, which is in the state code as a regluirement for a co-op, but. Mr. Lamb stated it would not fit the City's regulations for residential zoning. Coiixinissioner Wood stated he e,1, riot understand a cooperative very well. Ha offered a likely suggestion of a person with a ni(c! c-.' :.,rr:i for marijuana. That person wanted to grew 15 marijuana plants iti their home, a person could do thin-. Mr. I.anah stated unless that person wanted to modify their borne in a wet' which would trigger a standard buildings permit, there would be no my anyone would know about the ;plants. Commissioner Wood confirmed no one in the City tv"culd know abvul the growing plants, ifa patient decided to do so. A cooperative is i.rp to Farr individuals who decide to grew plants to,getlter, Mr. Lamb slid tliis would he Icgal under current local waning rides_ However, there are proposed changes to tttc bni.dirag code, where once a person is growing gwcr 15 t,l;ln_s there would be a requirement far a chain;+t in occupancy. Currently zoning does not allow Coy :tu irluatrial' building irk a residciatial zone. A c:rt•*i:' Inas It, register with the state, however there k no mechanism wvltich shales that iffinrrnation with the jurisdiction. MT. Rogers stated once ai permi' is applied for 1i change of occupancy and is approved, then it would irigger annual inspections Front the Fire department. itwould Pc considered part of n twine business and al Inv; for the inspections, Commissioner Kelley asked lithe City liad the power to require anyone who applies for a medical marijuana card to register with the City. Mr. Laura stated he did not kol this would be possible based on the ;teed to protect an individual's medical records accordine to the Health Insurance Portability and Accountabilitt. Act 1 [?P.'\A). and k could be a possible violation of an irtdividtutl"s rights. Commissioner Wood asked 1f inc sug«cstiort of riot allowing cooperatives in the City would be a problems. Mr. Lamb stated it was in theRev,- state law to allow the prohibition oft5aoperativ'es if jurisdiction chose. Mr. Lamb stated the earrperatiw'e was allowed 1713T more rural areas, wlsere some patients [night not ice able to gel to a store to purchase what they reed. Mr. Lamb said he felt ti•e City could site other stores in ;lsv areas in the county as well as a person could grow for themselves. Lt. T1sontpson added regarding, medical ,rutlierization charges. patients do not need to enter into a registration, they can purchase marijuana at retail amounts. and pay the extra tax. If a patient does voluntarily register, then they are able to purchase a higher quantity than a tegular retail customer and they will not have to pay the totes, Lt, Thompson said he would try and get more information for the Commissioners regarding property crimes around within a quarter mile around a retail store. 12-10-15 Plaraninf Cuii,ii iwsic r kliuulufi !'ase G ai 9 Commissioner Graham asked if there were regulations in place where if u person went into a retail location and they :appeared to be `intoxicated' dens the retail store trade the riuhl to refuse service to them, and Lt. Thompson said he gild not know. Mr. Lnanb then stated he would Tike to address some of the questions which were raised al the last meeting. • Qr>ecstion: How much mutiny in taxes is the City getting from marijuana? The taxes being received are a 371% »cine tax but also general sales taxes. Producers acrd processors are considcn d wholesale and so they gencra:e na knees. Said wa do see secondary benefits of employees who work for these operators void would live or shop in the City, l'[r. i.r,-tel.' said rr- least once laroduceripracessor employees l.t7fi people. The Cit 's distribution in 20!6 of the c vise tax is $75,000, hosed ori the S7% tart collected at rhe point of sale. The remit [:i1 rations tin gerter.tt ing a Fairly good business and the sales tax for this year should b4 in the arca of F 2.OQd. The stAtc must usi a prrrtivan or the revenue generated for education and enforcement. The distribution fb the City has not been lied to this. WSLCF3 reported for their fiscal year ending June 30, 2015 ir fill QrSpokaii C41:nty, who were allowed 13 retail shops total, from producers Leas. St31 6,000, S14.000,000 from processors and 537,001.1,00 in stiks from retailers. • Question Can the City restrict retail outlets to be medical only? Mr. Lamb said after looking at rise law there eauld 1r4 significant legal questions From :a preemption stand point, primarily based on the way than3tut lits set the licensing or the ret:.il stores. l`hc City would no[ be 1.-arcking at it from a land use basis, but It the clo their b:isiix,s and that is +;e., rued by t:ru licensure. scheme. Cased on this the City would he trying to sr,2r, two tl12 stat is rc,l _ There were questions reg:rr°clin2 the health Department. The Health L:.p:trlia:..it[ It:iz [''°<nr:til [iE;rd then_ could be some beneficial propt:rties in marijuana. They can't n7:ric ii :7 13r tiwrih 1 a aliciae so what people are commonly referring to as -riedicat marijuana is ivi lr n I'c[:•.7ds°:, }<:''. b.; the Dep;rrtrnei r of Health as -medical" marijuana. The terra used is ec.muli::nt`° n7:trija,:u:a. 1l7 ry will bc three different types of compliant marijuana. Tilw:• ., 1 lee :;e:rr��c;i rrr;!riu,r marijuana wlriclt [y sarfc Handling and litnhs use ofpe:s.iric�c milligrams of THC, this will lead to patients having a cleaner pi::11:_.. "l r. n: ;r :! compiiale this cannot be [n loud form, it roust be in caps.:1,.:•i a'.°: t .:: 1ai�lt THC compliant has a hit her Ti-1C than is allowed for recreational, the i I l l i l . l , Board ; 0 milligratms per serving and is only available to gtiwlified p 3tic[7::.. r.. 1 to r+ i It_ h CBD compliant" which i3 similar to the high THC but the ratio of tit°_ :,i',. I ,.,r°.r than the EHC. This marijtiniltt has more lain relieving affects, big is allowed .7y ;11Y buyer. Only the high TI4C compliant will require a medical card for ptercitase. The hlealtt C)t3partnunl tivill nut be regulating the marijuana more than this at this time. This would be why it WDcld 7a difficult for the City to separate the two types of stores. Cnirainissioiter Wood asked if the City could regulate growing in homes. Mr. Lamb said it would 'taut to come from a healtlifsafc: standpoint which would roguire talking about any gardener and what they want to grow, Commissioner Kelley .asked if the City had the right to make a prohibition uta medical marijuana lwtne grows. Mr. Lamb coni' cted saying the City could !limit the cooperatives, but the individual patient w.'hc wants to ,grow up to 15 plants, there would be a very difficult time in prohibiting thorn. if it was done there was a health/safety standpoint wwhith ‘,..cold apply to all plants being grown. Commissioner Anderson said Iic felt the Health Department supported his theory of it being a public health/salty issue for !laving segregated facilities. Mr_ Lamb said the Department of Health has made different clasfiiFicatlons for cofltpliaai :r3:7rijunna. Commissioner Anderson said the only thing common about the two types t stores is the word marijuana. 1-Ic feels there would be different inventories, there should be a separate wall between the two facilities ir order to keep the public safe from the sales of the wrong product to the. wrung person. Ile offered that he ..would be willing to take the chr:rice in :i court robin on itis idea. Mr. Lam!; said I.:2 (isl 1.J1 know from an enforcement standpc int, how this could bc done. Compliant marijuana kw:ira t,r trlr!. to anyone. The only time a sale would meed to have a thee: for a medical card witty:! Lac if a p..rson wanted to. 1) buy in hither than recreational amounts, 21 buy risc high Tl [C marijuana or 3) didn't want to pay the sales lax. Mr- Anderson conLiniac1 he st [1 f2.1i tlt:it medical and recreational should not be in :he sarrac building, then there could be mow a4do .�I shops aftd we could get away from alLowitag MOM recreational shops, Mr. Lamb said the 12-10.15 Planning Commission Minutes L'ri of 9 L 11.1 U.r;;r E:- t1. C' ty would be trying to enforce the limit that a retail store would not be selling I+:cre[itiau ni .i5 well as :l medical store. Commissioner Graham asked Mt. Lamb to L:,:) a:n this, A. a retail marijuana store ,any person eon go in and buy any kind ofmorijIYana they E Xi. E?['l' for high 'roc compliant marijuana. Mr, Ltinib said if the City were to only r ° a:,l_:i:. iilitrijuanti stores, tinyone over the age of 21 Nv'ould be able to go in and buy any of 111,s Izroduct<, except the high TI'iC complialit marijuana. Conilxiissioner Graham asked whit i' IAdd he tiie problem with this proposal. Mr. Lamb asked what the goal wallet be in trying to do this. Mr, Anderson asked if inct ical inti. ijuana wouldn't be more expensive, have to have trainin„ a consultant is mviired, t:glrter product regulations, tighter packaging regulations, itt general a recreational user would want to go somewhere else and bey their product. Comri'issioner Kelley said many businessci sell rota'ilfwltofesale in the same phot.. Ms. Janssen asked the Commissioners to clarity why they would want to separate the two businesses. Commissioner Anderson said to keep the number of major retail stores from growing and medical has a legitimate paint, and the state is saying we have to have more outlets. The Commissioners Said they are frustrated the rules kt.cp chats irig while we are trying to make the rules. Commissioner Graham said as orluly 2016 all of fbc unlicensed dispensaries will have to be aut of business or 'loved to a retail stow She asked if it was far to these business owners. She asked if the City ;k:tooted something, like Commissioner Anderson was proposing, couldn't tEiose businesses appy o_l b one of those places. IT would protect their business, thcyv are used to p}'r,vrdinq medical Inariju.;L.a. Mr. Lamb said :Vey could and it would be up to the brit t}clti,l':: t'LOV'ill+, IIi .virr,I Iii ,•+uuld like to ii Il ir`ht frl's' [;Erlii,lr ii they :'r: 4rc l:1y [lD 11: they are g 'rn i tc} pr :ii,:il St res t i,}” cistdd rc!.II LuIneS in a( Itli:; ti:i1 .-e::orid lie leis tr':: 1:I11:".' tlliw C1 iSi{Si" would iaa slltliect :41 4 CII ll :1+ f119' xl"irllt a i.: :II i r4iiti. mil:v : I roil not r ut to Sill Int Ii..111. it l..tll{I ''= ;')j_ct LY, Cir.11:','""' I aLI ' 'l:'S d Ll� lti. r Ill .p",}l . 11 :' cot 1nCCI1Call {:I'ii3L . lil.'S iiud 44E1 -Jim! li.r_Il: .11. :.t'."cnue 1CM cuntinue then i,Il iIIi::;ti ,'. i11{• YI. ;i icr.t'Ir'1; filly" !7.701•C rt ['4fItIC [' 11 r II i 1C it I.r.n1h x171 r1 the tr] is �[:ir';c Ir' .t . ti,.li. :: II1c City man' !Hy 11cc:.l r71 'i'.r c;itilrn.Yn'.(V. 1.1c 5r3ir theft: is nl: {�t1..Ir:::1.;: 1 I. i tllv44 tC ?=l t Ii:'_ .>'iltC ta'Cztt.:C :", '1.1:'Lrl xi tCtl[ IIl k.11l I1 is t:; rIC = '::L,' .'.t ;l;i' i3r'tiL I 5i t fir t I1, rrwrul;;1':.1 t'.'1 11:111' tho ;illi 7•,'{t'.il ]lrl}'l bel' pt .;. -Iti•ti, .-.5.1'Ci .1'13Q �cl. Jawi 1:3;4r:J tli'r91:§ ',L'[I'. n:-.. 1 LI, tollrtive t,l If.. ;,;: 111:,: Ir:l:'1' tiiI ,nlalw[npritq'° ,Ir,+_u ne.,rc grir,ll in order ;•> nr:i 1Y' v':.rs a'.vay LI) I.r4'I1L!i a 1 IILI_I-l: i1C, -.:' L 1 11:Z Lay u,l[iI '°l'.l: 1'u t SSA' ['li: °' is ',} d <' l]l:t'tet. daiined rotes=e.!7,[irdil1 tiiC s IIIiY,� C+ lttadjt ;lit-, 1.tr. Lanni) 3tsz[I ti.l; w+,rILI_+_ [ •_', c:lr: opt ion.. + If the City prohibited any rztw new stores could c.4isrin1; ;tomes be t'rrnir+l 1 t:11 nonconforming uses earl be allowed to move around tete City. -I•Iic:rl; is ri ails for tiff. Ice billboards, There is no statutory rule which would prohibit it. Mr. Lamb cautioned ilii rc i [i. outer business in the Cit' which would be allowved to do that andel' cur non -conforming use provisions. Calntiossioner Scott wondered if :his would not 6e : problem because v.>^ cr3 clot allow otjier businesses to iso this. She said lltese businesses have already said they know this is a high risk latlsine s and A112 did not reel obligated to allow special accornrnodations. Mr. Lamb said the City's current nonconforming regulations would take care of these concerns. • Signage restrictions: Mr. Lambsaid he has concerns about the First Amendment and l:'�ili hw regulate the content of signs. 1 -le sait_' there was a question atom. comparing it cr. ci uu'r'tt advertising. He said this kiwi.• was written wvith extensive studies on how long a minter ;t•cs advertisement can directly affect their likelihood Lising that product. There ww:i.S serol. , factual basis for those laws. If the City were to cevelop a I'aetual record, we might he able :r develop a regulation along those lines,. TIhere was a recent court case (Coed vs_ tbrLL. Gilbert) wl}io1i has strengthened First Amendment protections and further rt'Stric.l' ti" c;i' authority for their sign codes„ The state has significant restrictions on signs. The s1;it:: l:r,c 9107. allow~' mare than two signs on site, tend signs arc limited o 1440 square niches. code does Clot anew any off-site signage. Tlie WSLC8 also does not allow the s.:gns appealing to chi#dren- They have stated, but [t is not in the miles, they will not allow signs +.with cannabis leaves in than. I 1- I I 5 Phannietz.CuntimissianMinutti Pap 8of9 Coltirtaissiimer Wood Said his opinion moving rorwtard would beta allow the three existing retail stores to become licensed i,sedic tl inarljuana stores. He said he felt the three retail toilets were enough, the number of pr3eecsstirs and producers was sufficient. He stL I we should allow a private individual patient the right to grow up to 15 pu'aits, but not to allow cooperatives in the City. The City should maintain ail of the current buffers around schools, parks ald city land. Commissioner Scott said she tagre:ul with Commissioner Wood and would make the three existing stores n legal nonCOIaforrnilat'• use. Commissioner Phill:las said he agreed with Contrnissiouer Wood, he would like to reduce the ones we already have but did not feel that tia'as possible. Commissioner Anderson said he did not see any reason why the City would change or expand its przcessing and producing regulations. He is in favor of eliminating cooperatives. He would like to require the home owner be aware when someone is growing plants on their property for medicinal purposes. He feels all the boundaries should remain the same. lie did not foci the City should Ebe allowing home extraction. He would allow more: steins if they could be medical only, even though lie fee is it would Wort, but if not then he would riot allow any mare stares in the City. COromiss]oner Kelley said he agrees with [ate all the guidelines proposed, but he would inc:case the bugs. Commissioner Wood said some orate retail stores came in and said their landlords were not going to allow thein to continue their leases, wti1Lch would be no fault of their own, and be Vaarrted to tallow the noncollfbrminl; laws to tit,,:' -E2 with the store, to allow thele to continue on if they were a business in ;rod standing. Then Ih:: ❑t, discussion r,gardin, legal nonconforming lases and of the ultilnaLe goal at' the Ccmmissic>'atw:s. i:-, ,you have to make the three retail shcps nonconforming? Cc,t,lmissicncr :A:tde~rson said nc 1111t77.:.'trr, lite three eiit!:;t5 without making their. I a! nonconforming LI$CS, WI k -Ii %b'[Jllit: Iaruhtbit IILj ll; i:; i.i,ir'i,3 i `t: !ISCS. QGt:L:I E)f the State licensing rt: itte"e isn't way toILLst restrict three La our City, Sr, I,•L.,: to prralliltii' ..:tai use Ell!: Mill x,:1i:-'nttit:',_ 'w.;e1l tai':'7i5. Mr. Laid s nttmarircri tiro! 3:nr.1i::, •.,Il'. c] sir.:ddjrcuti 'rl t.: • r: i-,J3ua, I :.II:L'i:' is • • 1i more It".:Lrij lira I'wt<Lrl;:t?, I+I'".ciLLL_er5 OT 1}rocC550r$ • :o clubs ▪ ,',1 I10n i.'.1 :,:, [AIL look at the passibili[y+ of requiring the grower be the hoarse owner ▪ ] 1CI1iC4'X1'1AC:',ti;lj. C': I..,Ilis• Ltnet- SL;{}t' :I:.I;..1 if it was passible to restrict chemical extraction in alit Ci._,". Mr. t_21Lr:13 .:•LII : l: a+ H.0:7 i r.: sl,cak tC 1114 5t. bjccL, brit i❑ mined rheic ;irL oth•rr prc:c2sses .vi1l,:ll LIQ,::, t._'-:.n_:'I_, ••; li'.:I::.;;. :,�:'r. r.-.1.7tted tc mar.ltiiaz. girls. L-larv'c • said the :t:' rt r.;:tiana,le amount Allo `:nl.l'c ;•.Iii. h pr??ceEs 111 tial`.:r airy. ITflfl1 in control •vl' au: l:l]•::iriic:11:; Lt .I 'tili.l pirol'leatl$. t'.tilractiocn F.\tea, Ctio s at 'i trlti �Lrti LISI r.p. r11k}ting alcohol wli.'2lt is not likely' to be a but rlicrc ILS v.h.1 Lit a probletn with the ;r1: I=rr3k r 1,L:r,311C. Mot are using a 002 prUC,..73s Slat soH it was iii heti onti ely to SCC One of these tilcnis in a Iwuto bcc.tusu thol„..are expensive systc ns.:'csn lris::inu r :;L:11".ani .;cd clic would like tic see. Itt etc I:r;.LY 1,.. iii , L I,Ll;' iir2 a ad that they ct.n't :rc .Ca ti -Jin sI ricigltliLsr'S old. How 'r conic! I`ur'ic:ncr:l of this ilc:pIse:li. ()Illy after they were rei orrtt•' .I rltj: lint it was ;igrc:ed staifi will begin to draft regulations based on lilt Conlin agrueing this wt r1u directtoa they wanted the regLalali':,n6 hi move. Cunlrltimsici er graham asked abnur accomn:ntl,lilnt, the current business owners threicl llt_1 I LiI_. :It'.tl '.1r :ilr:[. s4ui14LI ;111 CCitlId be Cr :t • c[ keit chili ;:I?ul zoning woUkl not be allow:cr 4"ilii[":1!ti4i:iti .r ‘Vc.: I 01J...}t3t r -i l::'r5 vi'I had I,3`rr1issii ra 1• glow, and it was clarified this Weiler. be ;Wowed.rIir. Fc' l'.'�.Lti cuL'SL;li:L.S nott tiiC'I`.'L back 4vill, :_ .-_uuir:E .illuriitative to be able to tallow :Ls Ltrlst1flg me:diL::11 :,tor(.s (elis ��L,a:IriL: it. .a : r�rtin i erltt r.. it a inarj.'laar1Li Trow, or fl tedcrallt illegal activity,. was sornetliing which woL:lel 1.,::a [ t t;',: ;ii:mrl ::,. ; ', IIL n sclli11 ra'building_ Cori tissicuer Wood said he would say no,. but he felt 'IL',:', .:r:; ;kiln!) :.;::I .. ula9 4.'r.tr:le blain. mold ;'rIti.:h tvould he required to be disclosed. f„�:11Il111i-.:i rt'.'L --..� 1'_;' �'.:I'�l•: �l 1,L, I1�;: `,'r ]k tltc CE1, .c.oti I[i Iilsll;.r: :1 is requirement to inforltt or al liontc grow. I I .',I rr iIri' Sri tlttr rt. 12-1(1-15 L'Initning commission Wotan 1'9ni9 GOOD OF T[iE ORDER; Tlttre was a discussion regarding Planning Commissioners motes. Do they to be timed in to staff at the end of the year. These were their own nates, but Commissioners need to be aware they were subject ton public records requests. They should probably be destroyed at the end of each subject. ADJOURNMENT: There beim, co other business the meeting was ndjontriacd gat 8:53 a.trt. Kevie; ridetson, rperson :411; Deanna Horton. Secretary r� Date signed CITY OF SPOKANE VALLEY Request for Planning Commission cion Meeting Date: February, 25, 2016 Tierra: Check ;all that .'apply': El consent. ❑ old :11rsilu:s,s Ej new ❑ publi4 hearing r?»nrt ❑ l cndi,::_ t},i l;l i, l', Fi l.F. CTA -2015-0t706 �t„;EtNDA ITEM TITLE: Study session - Comprehensive °iarijuankI 1Zq.a:l1:U•c•ii; 1.)1.; CR1PTtc}iti OF' PROPOSAL: text amendment to the Spink: r1 'S' i I4 y iunicipeal C:)dC 050, and Appendix F lo ad{. :LC1lt'it1C111s rcgarding, marijuana usc..:, : liro.1:1'iI ;111 1:'rll ll?I;l.`,.1 11h k, tncluciiii production, processing, .:oop:2Talives, rind 4'.1x1Ir( 111 i1.}, and tea provide additional regulations for :Indi ty}' qualified patierltsand designated providers for iiC l:{'•r::l Its 11. r_.LA14_11CR11 GOVERNING LEG1ISLATION: RCVk' 69.51A; SVMC 11.80.I5O and 19.3(1040; SVNIC 19.55_ SVMC PREVIOUS ACTION TAKEN: City Council has ,1Joprcd in n".:C I9.12o.Oi1 and SVMC 14.55 for the zcrling and bu fcritlr, l7:" rccrcatio ial rnarijur.na. Ori 1'.ccclnhcr 9, 24'.4, Council adopted a moratorium on unlicensed marij1od..mt Li: c ("prin1t111Iv 1114x11 .r 111:1ri1ut1:1'! Y_ C` rt ~'i.rsll 'r 5. 2015, City Crooned adopted a moratorium or. '1'.n1'lllraIEI 1 Il;'.tl}r 111[1 Cannabis foam (`WS1.C13"). P]anr:ing ColtlniisskOn coltducrcd study sessions on Odtc ltc7 2`', 2013, November 11, 2015, and December 10. 2015. BACKGROUND: The City is in the pmcess of developing comprehensive lacai rnariju tra regulations. as required pursuant to moratoriums as described in the Staff Report. The Planning Commission conducted study sessions on October 22, 2015. November 12, 2015, end December 10, 2015- At those study sessions, Cornmissit ri receiver. information from staff regarding recent changes iv State lau.•, ongoing rulcniaking by the Washington Liquor and C:aonabis Board (WSLCB) and Vtieshingtari Department of Health, testimony from the public, information from Spokane Valley Police and Spokane Valley Fire, and a range of various types of available options. Further, Planning Commission considered various options and ultimately, gave a consensus for staff to draft proposed amerldinent language that would ban all new mariivana. U&Es, allow hams: growing, require neliee by renters to landlords for home growing, and ban home extraction. Planning Commission will now be uori i wring draft ,amendments that would ,mend chapter 19.85 SVMC, SViv1C 19.120.050, and Appendix A by (1 ) adding definitions Ibr nitcl,c,il 11t'rriji ane endorsed retail stores, marijuana cnoperntivcs, and marijuana clubs, (2) prohibiiiinz ftny 110k 11i'Cr1 0'd na riju$na production, processing, Or retail stores from al] acnes, (3) prollihitin marijuana tiou"p, r: lives from all zone;, (1) prohibiting marijuana dubs or lounges from all zones, and (5) requiring qualified parients as allowed by state law to be conducted only in single fanlil: r :.1 1. nr1.31 ,1 tie": i1t permanent structures that are apaquo rad not visible by neighbors or from the p11h}i : l; i t, :y1 w l?,' ,: ,,i 1,, ;:kl,'l ir',cil nonce iu Lt iL ;}r 'C' '4 r0. `.k' 111Ji ij i li'a pl311Tti in i rondo' dwc1L11'.a. 4:Ic:r LllnS14 '.1!! iri 1)1 ti;l: (,;rr l.r.li ,1[s11 + i?i canc'-u _t ri x111'7111' he',Lr111', L111 ,'�i ch 24. 2016. For informational purpcsc , From the prior study sessions have been included as attaclianents to this RCPA NOTICE. Notice for the proposed amendment; will be prcvkkd to the Spokane Valley Netia }feratti in accordance with the requirunents or Title 17 SVMC. APPROVAL CRITERIA; SVMC Section 1.7.8O.15' (F) I,ro% cri'erL. for text amendments to the SVMC, The criterion stipulates that the prronn,;u;l ;117::;11.11[1:!111.[:;i• iii.. b.' : •i iti: st. w. lith t r_ applicable provisions of the Comprehensive Plan niid 'hi 1r ,; ..klHisrnriaJ NI,itRAI safety, welfare, and protection or the environment. RECOMIVIEI DEI) ACTION OR MOTION: No aciiol'I rccorincndcd at this time. lite P•.kinniii Commission will conduct a public 1ivring and consider the P1'LF1'}c sed iitiicaciment Lirt ? 1:irLli 24; 2016. STAFF CONTACT: Christina Janssen — Planner Jenny Nickerson — Senii r Plans Examiner Erik Lamb -- Dt:lauty City Attorney ATTACHMENTSi A. Staff Report, including copes of Ordinari Nos. 1,1-021 and 15-017 B. Proposed amendments to chapter 19.85 SVNIC, SVMC 19120.050_ acid Appendix A C. Copy of RSPCA from C letob::r «', 2015 D. Copy of RPCA from November 12.. 2015 meeting E. Copy of FPGA, from December 10, 2015 meeting F. Copy of minutes from October 27, 2015, November 12, 2015, and December 10, 2015 meetings G, Police crime tracking information requested at December 10.. 2015 Meeting Chair Graham called pledge of allegiance. staff were present: Kevin Anderson Heather Graham Junes Johnsoin Tim Kelley Mike Philips Suzanne Statins Joe Stoy &PP RQV El) Minutes Spokane Valley Plaaning Commission Council Chambers — City hall, February 25, 2016 the meeting to order at 6:00 p.m. Commissioners, staff and audience stood fur the Administrative Assistant Deanna Horton took rail and the following members aad E ril; Lamb, IDep1:r,:„.C i t .+I tr +ley Senior 1$Er:ns'.er C I21':7tllt:f .I211.SSC71, Planner Kar_rr L.. ndu'.I. 131a:trier Deanna Horton, Secretary of the Commission Corrrertr,5stoner , fn , erdr'e'i! f,-; tiiC ;7; !rat i:(2,1).,./1(12) =01+ td''r'.' : is ::r,Ypm.yenled. The vote G}! the 330t'ron it'as favor, zero cr eiri:•st : r �a+ 1'11t,2 u'r ' cJlr PL.'..i 7c1 Commissioner Roy moved i ' e,:pptove the '"n 'r.un i J. 2'] i o.ti they were pre.c '.; 7ft'd. The vote On the Th,101/012 5t'CdSYei£r7 1q f(r4'Oa'„ zcrf) tt&°'JP.V.'1 COMMISSION REPORTS: Cemmissi•.mer Kelly rept*.tt:;: Esq; 411ty;iilci t}:. TraRr's CIA1 meeting The other Commissioners had no reports. A 131r'IT14lIST RAT1 REPORT: Staff ]tiad no re. poris. PUBLIC COivlg'IENT: No public comments. COMMISSION BUSINESS: A. Public Hearing: CPA -2016-1001, A privately propm-:cd Comprehensive Plan Amendment, near Elizabeth and Utah, requesting a change frr'rrl Low Density Residential to Light Industrial. Chair Graham opened the public hearing at 5:07 p.m. Planner Karen Kendall gave a presentation regarding the privately proposed CDrnprchensivse Plan amendment;. CPA -2016-0001. That proposal is to change seven parcels otimed by Avi•sta located along Elizabeth Road from Low Density Residential (LDR) b Light Industrial (LI). Arista owns the parcel to the west of the request, on which they have a natural gas equipment yard. Avista proposes to expand their natural gas storage facility in this area. Ms. Kendal! noted she had received one comment letter from Ivlark Zink, 2420 N. Elizabeth. Ms. Kendall said she had some answers to gileStiCILS from die study session_ She slid one queslian was the width of the right-cr--way (ROW) the avhitlt of Utah is approximately 30 feet wide, Elizabeth is appro: imatcly 40 feet wide with 3C feet of pa'ernct t, N1.s. Kcttcall grid auuthrcr question was regarding appronchcs. The City's street standards WaLld apply at the time of development, but each parcel could have a maximum of two approaches but would need to meet the standard. Ms. Kendall said tht: parcels may be small cnaugh they could only ::ave one approach. Only if access was taken off of Elizabeth would floatage improvements be aaeceE;ary including curb, sidewalks and swales. Ms. Kendall contacted the Spokane Valley File raTt.. regarding response times, they indicated when a call conies in they notify the closest true; for any emergency response call. This would he any emergency call which came into the departmvl:t. The department cocks have a ha.z-mat response unit, but it for larger spills. Commissioner Johnson asked if there were rto approaches installed along Elizabeth, that a,1.;i' l.incE of improvements would be required. Ms. Kendall responded she could not tell at this would be something whet would Lie determined at the time of future development in depend on what was being aroposcd by the applicatu, Commissioner Stcy asked if would have to be enreMg:rted into one. Ms. Kendall stated it would not be :ariaiced. 02.2546 Planning ComtnbsianlvIinutcs Pae ofd Eton Staten, Avista Facilities Manager: Mr. Stators said Avista purehr<scd the property which fronts Dollar Road in the mid 90's and began :ransiticnting the natural gras storage to this Facility because of ower -crowding rat the Mission location. lig 2008 and 2009 Avi5tt1 purchased the adjoining properties ottd built a fleet maintenance briiiding. in 24]4 and 2015 Avista scat letters to the property owners along Elizabeth to ingatire if they 'Cr' interested in selling. Seven of the lots were sold to Avista along Elizabeth Road, one property ipwrier was not interesting in selling. Avista also purchased a triarialc shaped piece in the mien; of their property. Avista is proposing to change the zoning to Light industrial. They aregoing to use the property or storage of natural gas pipe. Mr. Staten said this was a norlaprojecc related request, meurting Avista docs not have a specific project corning up in which they need a place to store extra pipe. Aw.is!a is out of room in their Mission Avenue storage area and need more room to grow their operations. They need more morn to be able to store. all the pipe, aliow for e,ontraotors to came and m2ateaiver iaa the yard with room to grow for future growth. Mr. Stator said Avista was not apposed to all of the properties in the roti., including the one they did not purchase being Wined the same, Mr. Seaton saki Avista works with thr; building and planning departments to be a good neighbor and make improvements which arc requircd when developing a property. iNtr. Station commented on tlae intpra emettts Avista had made on latah. Mr. Staten said one of the properties had a dump site on it, which Avista 5puit S65,+000 to r;1_nra up. Mr. Staten said Avista is a quiet neighbor, the crews came in and leave the yard around 7:]0 in the morning, the,a room around 3:30 in the afternoon, and there are is nothing wing on a: tate property at night. L -k said Avista has no desire to build along Elizabeth Road. All or the trucks exit the current facility out of Utah or Dollar and travel out of the neighborhood on those roads. Crary mi... si iier ,Grder;sdrt asked if there is ire projzcr wiJear aril) happen to the property, Mr. Staton replied the purchases came about because the site was running out or acorn to store natural ;as pilOin . Avista would like to install some asphalt and begin to store additional pipe on it. They are going to acquire the proper permits and do whatever is necessary to make this possible. Commissioner Almon asked aka:rt the soil resliiPg and lead levels. Mr. Station responded Avista had removed IA dump truck loads of old_ hike parts, washing machines, car parts and other old metal painted items, along with a lot of other debris. Mr. Staton felt the lead levels were from the old lead based pints fro -n the old parts in the 'neighborhood dump.' Cortrr><rissioner• Saoy c keel if there wasenough wooer oil the site for Avrsrcr's needs. Mr. Stator, said they fel: this should be enough storage space for the next 20. years. there is no natural gas stored on the site, only pipe, meter assembly sets, meter repair, gas lines. Commissioner. Berthas risked y. they wound continue to only store pipingo+r rirepr•vpnr•.ry. Mr. Stators replied Avista has an internal environmental department and it is very important to them to bz in compliance with all the required standards. Co rtrrrisrirmer Graham asked (hoar a curvy pwperry ti„c herr,,o.car rig flee! rrrurrrter.ulrce facility oral Me Elizabeth Road properties, and were METE' rimy ethCr ;31ac :°,i r;�rar ar Ainsta was staring rcrrrural gcrs piping, Mr, Stators said the curvy litre is a pi as ut protta'ra purchased from the railroad, there arc nothing other natural gas pipe storage facilities t arra ].a northern Idaho. Chair Graham then :i.kred for testimony from the public. Mark Zink, 2420 N ta'Iii;ibilli Road: Mr. Zink said he was concerned about what would happen along Elizabeth Road, but that Mr. Staton had answe:ed most of his questions, He raid he was aware raf the improvements which had occurred on Utah and lie was happy with that. He wandered what kind of al timeline there would be for the improvements. [Via rk Shalleoiberger, 2205 N Bradley Road: Mr. Sho1Ier taerget said the only acres: would be on to Utah and down Dollar Road. He said that is not true, that every morning ana every night, the trucks are coming down Bradley, Dollar Read is backed up and so they use Bradley to get around the problem. Mr, Shollcnberyer said he bed brought this up when the SCRAPS facility was being proposed. He said there used to be a sign which said no trucks allowed, however someone hit it and the county came out and instead of putting it back up, they just took it away. He says he has ci Iled Inde enforcement andthey have done nething about the many dead cats, dogs and squirrels caused by the tracks coming down the road. He is concerned that this will just increase itte number of trucks corning Frnrn Avista, along with ,'4lutual Materials and Standard Battery. 0--2546 Planning Commission %Chutes Page 3 of 4 Buddy Meaglen 2 014 11 Elizabeth Road: Mr, Meagley stated his daughter was buying the property whiryh was the pie piece. AViSIu did not own. His vrtrs concerned the rezoning '..mild make the property taxes go ❑p. 1 l also stated he would net be very happy if he had to look oat the yellow pipe all the time. Rots Statnn, Avisia Facilities Manager: Mr. Staten said he would be calling the facility ininui and hove the strivers stop dri'ir.a down Bradley. He would support the repeating of the `tic trrlcks' sign on Bradley as well. Mr, Staten said he will be happy to comply with whatever standards' Tiro necessary' as they move forward. They do net have tti; large project !braving forward, adieu than replacing old pipe which was put dawn in the 7O's, ale also said there is a brick hvu5c an the comer and there will be scrrteene living in it until May. During the study session the sale ari the corner property was not final, Mr. Statan said lie sale was completed this day and all the cars lata been removed from the property, hawing iw one aisa wrlio wished ur (nab, Cha). Graham Ciesed the ,public teserttrarty al 6:35 p.m. CarrrrnfssPortcr Srap moved ra revoornenalappa°ovai ofCAsl-2016-0001_ Commissioner Graham asked if the flea maintenance property was bought and improved in 2009 why wasn't a fence put along the properties en Elizabeth. Planner Christina Janssen explained that at the time of the development, the `curvy' piece of property between the Eli zabela. Road properties and the neut. mrtir3tc:nuncc property was owned Ihv the rail road and so it was no: regtaircd a that time_ CommissionerJohnson said, if this were not approved for Light industrial but was combined for residential, there could he 23 homey btelt upon the same around and that would be verse than what Avesta wanted to do to it, Conunissiorte, Julaisan said he felt that the recommendation should be b straight line the recommendation anti not lag around the one parcel. Commissioner Phillip said, if the zoning was different on the one parcel, Avista would have to fence around k, if it was the sante zoning„ thea they ..+-ould not. Commissioner Stoy asked Jr the zoning was changed to be a straight line for alt Ells lots, wotiid the landscaping buffers and setback apply because it was a residential use on the praperty. Ms. Barlow said the code protects the zones, not the individual uses. Commissioner Phillips said he would ordinarily be in favor of including the extra lot it the request but in this case he wculc prefer to go around it to protect the buffers Would apply. Commissioner Kelley said he would be in favor of including the other parcel ie the request. Comrnissiorw Graham said she was not in favor of blanket zoning, and would rather leave the miler lot as R-2. She said she had concerns about the project but would support it if the other commissioners did, She said she was glad to hear ,5,vista was willing to put up a fence, but knows they need a place to store the pipe. Commissioner Johstsor, said he would support the one lot remaining residential. Commissioner Kelley sai D] -25•i6 Planning Con nigsfonMirLacs t'age4oE1 change in regulations for the compliant marijuana. People could apply for the new licenses, however priority would be given to those who have been running* collective. The ettrr❑tit recornrnendatica from the Planning Commission was to not allow any additional retail stores o any more producers or pr censors and to ban any kind or club. Corninissioncr Kelley confirmed the Commission also wanted to expand the &oilers to the maximum allowable between retail stores, should in the induce the state say the cities cannot prohibit marijuana stores. Th:rc was discussion of' t}:e taxes collected from the marijuana; the City last year received $75,GDo in exoise taxes from marijuana, along with any sales taxes. Thcsc t'urtds are not car -marked For any specifically, except lll% at the stage level is to be used for education. Commissioner Anderson asked if there was anything in the state bring looked at fake this related to home grown alcohol, Mr. Lamb was not aware of any. Commissioner Anderson said 13e would consider allowing additional compliant marijuana shares, but no more recreational marijuana stores, He also felt that the compliant marijuana should be required to be separated from the recreational by a physical barrier. Commissioner Johnson said Mr. Lamb explained there would be no legal basis for the. City to require an operation to be: compliant cn1y or to require a retail store to separate their complaint and non-compliant operations with a physical barrier, i.Ir. Lamb said .f the Commissioners }vantod t4 allow additional `medical' or compliant stores they would need to allow more retail operations which allowed recreational as well. Commissioner Johnson said this would be a tine way to help with control of younger patients, but people 4f age were going to be able to go into a stare and purchase whatever they would want tc, 1 -le feels prescription drugs were a la:l er problem and there should be a clear perspective en •.uhat is trying to be accomplished. Commissioner Kelley commented the state of Massachusetts is trying to develop a presc.ription drug puncam. Commissioner Graham stated that a.5 a school nurse she feels there is a transition rram marijuana to other drugs. She feels there is a transition taking place now from marijuana hapin. She Feels the mistake being made is not providing enough education. S}te said she is seeing an upswing in children using e -cigarettes and underage drinking. Ms, Barlow stated there is art opportunity, if the Commissioners would like to take it, for the Commission to tour a producin&processing facility es well as n retail operation. If there is interest staff can set up a special meeting and make arrangements to facilitate this field trip. Thursday March 3, 2016 at 5:34 p,ri. has agreed upon for the field trip. GOOD OF THE ORDER: There was nothing for the good of the order. ADJOURNMENT: There being no other business the meeting was adjourned at b: 1.7 p.m. Chair Graham Deanna Horton, Secretary 0/L Date signed Chair Graham called pledge of allegiance. staff were present: Kevin Anderson Heather Graham lames Jollcison Tim Kelley Mike Phillips Su:win-Le Stathas Jae 5toy APPROVED Minutes Special Meeting Spokane Valley Planning Commission Council Chambers — City Hall, March a. 2016 the meeting to order at 5:32 p.m. Commissioners, stuff and audience stood for the Administrative Assistant Deanna l -Corton tool: roil and the Following members and Erik Lamb, Deputy Cir•: Attorney Lori BnrIow, Senior Ptanner Chr.stin . Janssen, Planner Jenny Nickerson, Senior Plans Exatni ier Deanna 'Horton, Secretary of the Commission CO 14 MISSION BUSINESS: Y The meeting was recessed while the Cidik411L ICi;1 and Sz.\•• 1 I ;Iicrnla 3' .1 ;I 1..11 'i:io :if the Following marijuana facilities: • grow Op Farm located at 2 L i N Woodruff. This Facility tiva.,: ;;: •L a ..,..eind:.:;HLI i=..:: ` 7, the site. It was commented this is the highest-producihQ, facility in doth} �Iic Er. a shir z ton but very nondescript from the exterior • Toured L riftboat production/processing Facility located at 15141 E L uclirl ::,l lie , Manager Stan Fong and property owner Pail IE ielec discussed the operations loLatu cl at this facility ▪ Visited Locals ettruta House retail facility located at 9415 F., Spraizuc Avenue where we were immediately asked for our identification and spokc to 1 -sip owner lou Pederson about his operations. • Connnissioners and staff then returned to City I-lk11- ADJOURNMENT: There being no other business the eteecririg was adjourned at 7:55 p.m. 1/i_kkfrrTh' ',PIN `-',e!,W1--) I co Chair Graham Date signed ')("02 Deanna Horton, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action :Flection Dine: March 10. 21116 !tern.: check an that apply: FILE NUMRER: CTA -20I,6 -(0I1 I L. 1 k'•rt it .,. (p...w. .. new basilic:is rt.:i Clilt:_ I is1.16i�tir° AGENDA Pl'Ei t 'TITLE: Study session — Comprehensive Mairijuana Regulations (continued from i-drruary 2=t: 2016) DESC'1ZJPTf4k initiated code lex: amendment to the Spoltane Valley Municipal Code (SVMC) chapter 19.85, SVMC 19.120.0511, and Appendix A to add definitions regarding marijuana uses, prohibit all new r::1.irijuana uses, including production, proccsbin. retail, cooperatives, and clubs from any zones within =.112. City, and to provide additional regulations for pn.duction and processing c'f home-grown rnarjuana by qualified patients and de ig,nated prnviders for personal use in residential zones_ COYER1NING LEGISLATION: RCW 36.70A.136: RCW 69,50 (codifying Initiative 502); RCCW 69.51A; SVMC 17,80.150 End 19.30.040; SVMC 19.85; SVMC 19.120.050 PREVIOUS ACTION TAKEN: Cite Crarrrtcil has aioptal regulations as set forth in SVMC 19.120,050 and SVMC 19.85 for die zoning arid buffering or recreational marijuana. On December 9, 2014, City Council adopted a attnratorirarn on unlicensed marijuana uses (primarily medical marijuana). On October 2015, City Council adopted a moratorium on mar.juar.a rises licensed by the Washington Liquor and Cannabis Board (:{W'SLCE"). Planning Commission conducted study sessions en October 22, 2013, November 12, 2015, December 10, 2015, and February 25, 2016 . Planning Commission visited a prnductioniprocessing Facility and retail facility on March 3, 2016_ BACKGROUND: The City is in the process of developing comprehensive local marijuana regulations, as required pursuant to moratoriums as described in the Staff Report. The Planning Commission conduced study sessions on October 22, 2015, November 12, 2015, and December 10, 2015, At those study sessions, Planning Com"' icion received information troll staff regarding reccrlt changes to State law, ongoing reternaking h. tile Washington Liquor and Cannabis Board (WSLCR) and Washington Department of Health, testimony from the public, inforriltf n from Spokane Valley Police and Spokane Valley Fire, and a range of various types ofavailable options, Further, Planning Commission considered various a.1 -icons and ultimately gave a consensus for staff to draft proposed arnendment language that would bars all new marijuana .rses, allow home growing. require nolite hy renters to landlords for borne growing; and bun bonne extraction. Planning Commission will now be considering draft amendments that would amend chapter 1955 SV 1C, SVMC 19,120.050, and Appendix A by (1) adding definitions for medical marijuana endorsed retail stoles, marijuana LTOperatives, and marijuana clubs„ (2) prohibiting any new licensed marijuana production, prucessing, or retail stores from all zones, (3) prohibiting marijuana cooperatives From all Lodes, (4) prohibiting marijuana clubs or lounges from all zones, and (3) requiring any home -growing by qualified patients as allowed by s*.ate law to be conducted only in single family residential zones in permanent structures that arc opaque and not visible by neighbors or from the public rights-of-way, and to clarify that renters may be required, As linty be authorized by federal, state, and local laws, to give notice to landlords or their intention to grow marijuana plats in a i etnt,atl dwelling. A copy of proposed amendments were distributed at the February 25, 2016 meeting. Staff has updated those amendments for grammatical issues, consistency with the existing Spokane Valley 1'lunieipal C-.0de, and to incorporate. legislative proposals that aro: not moving forward this session (specifically, the "marijuana lounge definition was deleted), The changes are highlighted in yellow. After consideration ofthe study session, Planning Cotnnlission will conduct a public hearing on April 14, 2al6. Por int'nrrnationat purpcasc t, all innformation provided as part of the packet for the Fehruary 2i study scion lvts been included with this RCPA.. NOTICE: Notice for the proposed ametrclments will be provided to the Cf: hylic, !-riNc•-• _Vc.w•s . ra! d in accordance with the requirements of T tle 17 SV MC, APPROVAL CRITERIA: SVM.0 Scution 17.84.I5D(F) provides appr•t-Aal crim—il. f`ta- tic'!':t :1:;rzndmcins to the SV.MC. The criterion stipulates tltnt tl c prr,pc sed 7mendmerr.(] t tri , he consi ent +s.itlt tl ti: applicable provisions of the Contlarellensive Plan ;rid bear a substantial ?elation to :lte 1tii,` li I1e:111h.. safety, weifate, and protection f the env irc>nn-.e:tt. R-ECO14M-ENDED -AC ION OR MDT TON:No acs_ NI recommended al tliis time. The FIffrrat,a Commission will conduct a public Lluaring and consider tl,ie proposed amendments ort April I.1. x(11 i,. STAFF CONTACT: Christina Jansen — Planner Jenny Nickerson — Senior Plans Examiner Erik Lamb — Deputy City Attorney AT'1fACHM1 NTS: A. Staff Report, including copies of 'idistance 1.1-0121 encs 15-017 0 Proposed updated amendments to chapter 19.85 V NtC, SVMC 19,120.050, and Appendix A 13. Copy of RPCA from October 22, 2015 C. Copy of RPCA from November 12, 2015 meeting D. Copy orRPCA from December 10, 2015 meeting E. Copy of R.1'CA from February 25, 201 nxucting E. Copy, of minutes from October 22, 2015, November 12, 2015: rind December 10, 2015 rneelinss F. Police crime tracking information requested at December 10, 2015 meeting APPROVED D Minutes Spokane Valley Planning Com mi;siinn Connell Charubtrs -- City Hall, I Larch 10, 2416 Chair Graham called the rieeti:r4 to order at 6:00 p.m. Commissioner$, Staff and audience stood far the pledge of allegiance. Administrative Assistant Deanna 1 -lira took roll and the following members and staff were present: Kevin Anderson Erik Lamb, Deputy City Attorney 1-1eather C'irahaar7 Lori Barlow, Senior Plattner James Johnson Karen Kendall, Panner I'iin Kelley Mike Phillips S:aranne Stathos .ins; Sray, absent excused LT)eaiiw.1 E l;rrr: i . Secretary attic Commission ln) ',(MH;:a+".'. r ";�'• .';1 7S LYtraC"{i rrv19d r!le c1 rCai' "+d JO, 0,16 mii'a,2fln . Yr, ,.r:..r, :rtr + .; .) :FCs •; r?ar` A14-'a'i..k 1 2.4)16 itrtia'YxrCJ ers „•.'.:.'!.!; .. .'r;.. e("ro :rr': a?!�� LVI ,fir?''!(.oed { .I'arYYrfs.s on r.4YMf<'i'.S'r1+ "i ...°.i lv (li' "f•'. _.' (rid' ' Yd?r1Y): 7 , 20) 0 4,1irral/i'?' '+1' t£i'v fir''.re f'!' 1'li.j(?, '.'r+1r• r111 the motion was sfx fav 1=r -OI', ve)"r! '_ :;';:ir rsf, !ht 9106011 faxfa.pc'if CO:MNIISSIOM REPORTS: 'i'he Comm: iG" 's hurt m. reports. ADMINISTRATIV.F REPORT: SeniorPlannerLoti Barlow reporlecl the cite -f I i1 cri . a Planning Short Courst on _l i i1 27, 201,6. She said ii'aray'of the Cointninsion '3 a;'.::rtir,r_ to let. Ms. I-lorto'Z know and S:tti: would assist them in their rc _isirarion. PUBLIC COMMENT: ]here were no public GC.r`.am_nts. COMMISSION BUSINESS: A. Planning Ctam>aissiora Findings: CP'A-2016-00011, A privately proposed Cornprehen ii{" I't,an Amendment, near Elizabeth and Utah, requesting a ch:ran c from Low' Density' Re'irti ntiat to Light Industrial. Planner Karen Kendall reviewed the Planning Commission's roan igs from the public hearing held February 25, 2016. on the priivaLely proposed Comprehensive Plan amendment, CPA -2t115-]]001. The Planning Commission rounds the proposed amendment was consistent with the approval criteria in the Spokane Valley Municipal Code (SVMC) 17.30.140(H), it is consistent with the City's Comprehensive Plan, and will promote .he health, safety, welfare and protection °fate environment. Cominiysioner Anderson moved w approve the Nanning Ccundnissinttfindings for C.T4-2616-0OO.1,. The vole on the rraoriaa+r was- in favor, zero against, the motion passed. B. Study Session — CTA -2415-11006 proposed amendment to Spokane Valley Municipal Cade (SVMC) 19.35 Marijuana Uses,19,1.20.050 Permittedd-Use Matrix and Appendix A Definitions Deputy City Attorney Erik ].arab stated the Commission had previously discussed the changes co the slate marijuaiaa regulations in order to bring the medical marijuana businesses under regulation. The state has aligned the regulations for `medical' to be more in ]inc with those of the recreational marijuana. Mr. Lamb rev icwed the proposed changes to the SVMC. The definitions have been updated to rel"leet the current state RCtW's. Also, they will he cur.•era when the state updates its definitions as curs will be op -dated by reference. Section 19,1 r . i 1 Form hied Use M atrhas been updated to remove any S' which means permitted with supplemental conditions. These uses are no longer permitted, but the reference to SVMC 19.85 in the `=supplemental conditions' will still exist to direct users to SVMC 19 R5 far rererenco talc additional marijuana regulations. Also, existing lawful tiSeS wall be legal nonconforming uses which will still be allov,td to continue. 03-1(1.16 Nanning CwnniiBsion Minutes Naga. 2 ar 3 Section 19.85 hats been, updated to reflect the Cernntission's desire to prohibit any new prodLLdli«n, processing and retail sales in the City. A section has been added to address the collectk cs which allows home grows fur ineividuals with a medical endorsement. There is a resit 101 combustible type of processing in a home grow situation. Roble giow'i[. iS limited to re:cirlentia1 14- 1 through R.4 zones only. Mr, Lamb said the public hearing is set for April 14, 2016. Commissioner Anderson raised a question regarding taxes. Mr. Lamb explained the etiLisa rix on marijuana sales is 37%, which does not ittciticle sales tax. The City is allocated an aatim:rl 1rr the excise rax based on the number 4it retail stare; the City has. Last year the City rcczived approximately $75,O00 from the marijuana sales. An authorization card gives Kt patient relief iiom those taxes. Commissioner Anderson asked if hat included the sales tax fis well, Mr. Lamb said he would have to check into that. Commissioner Kelley shared an article from the Seattle Times, written by Bob Young, from Monday February 15, 2016. He said ht; had read this arrticle and it adriressed the use of unacceptable pesticides orntgrowers have been using enmarijuana plants. Commissioner Kelley said hebroughttie article because lie hrtd brought up pesticides during the tour and wanted to bring the information and share it v,itlt the rest of the Commission. Commissioner Kollo" said there is no way to know right noi. which pesti ides are safe, anal he feels flora should be a 'slow go' philosophy, He said until these safery issues can he worked out the City should not rush into allowing more businesses before the safety issues are: kno'. •n. Commissioner Anderson shared a spreadsheet he created after tory ing to understand the compliant vs. recreatioital and when :ln ati1Lioritatiott card was needed. Cnrriniissioner Graharn said ,she was surpriistd ai hove close elle retail shop, whic,lt the Commission visited on March 3, 2D16, was to a bar. Slty vow itccl t{, kr-r..w ;r_ it 1ki .. possible to place a restriction an how close a retail store was to :t marijuana retia shop. Ske a.su Went d to know ifa retail shop was required to "riot sell" to someone 1.vho ; pt:e ared to lir impaired, Mr. Lamb confirmed it was possible to restrict the location of a retail shop, but he V.ar.ld need to check regarding selling to someone who was impaired. Commissioner Juhuvcan titikeci why it would be a prcblena if a retail shop was next to a bar, Mary times there is a bar rrtxt to a i5.ir, anti this is riot much different, except you can't consume the product on site. I -le offered one of the sites viaited was employing just over 100 people and they would like to double than figure, hut they can't because of our current moratorium_ They also would not be ahle tta do i: with the way the regulations are currently drafted. He Felt that cigarettes and alcohol were more gateway to harder things and much easier to gel than marijuana, The companies which were visited wore clean, generating jobs anti revenue for the City, He fel this was important as well. Commissioner Johnson acknowledged Commissioner Graham, being a school nurse, probably saw worse issate:s ira the school system than he did- But funds to provide education, education materials, teachers, and nor3es, was under high demand all ;round the state. Commissioner Kelley said just because the state approved marijuana doesn't •mean we Should Open the floodgate. He said the people in the community can make a I ivirig, people can hu5 it here, but he felt there 3Iiould be no more allowed in the City until there is a better nridcrstandinE of it. Tho Commissioners askew] about chemical extraction, Ms. Jenny Nickersort. Sr. Plans Examiner, said currently there have been no requests for chemical extraction in the City. Chemical extraction would not be allowed in a residential zone. els. Barlow asked if the Ccvnmissianers felt there was benefit from the field trip which toured a marijuana producerfpr,::Ce or and retail shop, Tl"lic majority of the Commissioocr.5 agreed they found some benefit in the tour, 1'. y Ie.i-,-red thin! til ; had i-anndered about, i.e.: size ',)1 plants. how they ere processed, and howti, LI is pac.,:a LPJ Linin under itltudiag o1'tlic use as a business, However, C._ rir:r_is •iLu_r I . I.v r-rli.. rl s l Ii;:• was di appoiriteci in ;he eAperitnce+- GOOD OF THE ORDER: There' is nothi; icsi th,s• ADJOURNMENT: There li :ru other husines :Ir: i:ix:L i lett 4":;:. _ 4ii' urned it 7:02 p.tn. 43 -I4 -I6 Planning Commission lfiauh�:; PAQC 3 of Chair Graham • Deanna Florton, Secrccary ke 7(4 Date simud (ITN SI°fKANkr_ f eqttcsst l pr 1'Iatarlin r C,CMnaijiission Action !Lite: Ape I 11.x, Item: Cheek all Shat apply; J li."t',' 17 r, tilt :ti 11c3r'llig 14 ri I Cr1RlC 1. r relf:r; Icvi l:ui•. FILL NUMBER: CT ,\ ="ll t-t.s}t, AGENDA. ITEM TITLE. Public I Ic {. omprrhen;iae 1V(arijuana Regulations D€SC'TION OF PROPOSAL: City initiated code text amendment tiac Spokane. Valley Municipal Crate SVMC 14.120.050, and r'tp cndir A t+, add ti l��iiii�latis regarding nt,atijeiann lytic , pr lri!:'i' .L1.1 nc•t, marijuana uses, including production, processing, retail, cooperatives, art cltihs from .tlttic7 the City, and to provide additional regulations for production kind processlog at L'i roe•-s.i :r •+ n nal IIuan;: by qualified patients and desigmatcd providers for personal use in residential comes, GOVERNING LF.GI LAT1Q\. RCW 36.7iA.106; KCW 69.50 (oodifyiii lrtiii4Ci, i1�7�. I C''A' 69.51A; SVMC 17.80.150 and 1930,040; SVMC 19.65; SVMC 19.120.05D PREVIOUS ACTION TAKEN: City Council leas adopted regulations us sof forth in SV 41C l9.I20.0,', 1 and SVMC 19.85 for the zoning and bufferirtg of rccrcatioiial marijuana. On December 9, 2014, Cite Council adopted a Moratorium on unlicensed marijuana uses (primarily- medical marijuana). On October 6, 2015, City Council adopted a moratorium on marijuana uses licensed by the Washington Liqu:ir and Cannabis Board ("WSLCi3"), Planning Commission conducted study sessions on October 22, 21)15. November 12, 2015. December 4, 2015, and February 25, 2016. Planning Commission visited n procluc.til n/processing facility and retail facility on March 3: 2016. Planning Cttmtnissioct conducted subsegment study session or. March 10, 206. BACKGROUND: The City is in the pros of developing comprehensive local marijuana regulations, as required pursuant to moratoriums as described in the Staff Report. The Planning Commission conducted background study sessions on October 2,7, .70': 5. November 12, 2015, and December 10, 2015. Al those study sessions, Planning Commission received information from staff rc irding recant change to State Law, ongoing rulernakin, by the Vi+ashing,ten Liquor and Cannabis 13raurd (WSLC13) arid Washington Department of Health, testimony from the public, information from Spokane Valley Portico and Spokane Valley Fire, and a range of various types of available options. Planning Commission also visited a annrijuarta production/processing operation and retail store an March 3, 2016. Planning Commission considered various options and ultimately gave a consensus for st.iI'f TO draft proposed Amendment language that would lima rt:1 new rnarij.inna uses, allow home growing. require notice by renters to landlords f, r llortic i,rcwirtg, and nan horrre extraction. Vol 4.ie, the recommendation from Planning Con -mission, 3t tff has drafted proposed antendmerrts, '. iL k1 were discussed briefly at the meeting or, l"1:b1'uar-r• 25, 2016 and again during, a study session on March 10, 2016. Planning Commission Will row be considering draft arrterldments that would artrend chapter 19.85 SVMC, SVMC 19.120.050, and Appendix A by (1) adding definitiions for medical marijuana endorsed iv..:irijunna cooperatives, and marijuana club; (2) prohibiting any new licensed marijuana P:CduCtiern. 1 !:`mss 5sittg, at retail stores from, all ooncs, (3) prohibiting marijuana cooperatives frim all ..}rics, (4) prohibiting marijuana cltihs or lounges from all zoites, and (5) requiring any home -growing by tiir,iliFied patients as allowed by state law to be conducted only in single family residential roues in permanent structures that are opaque and not visible by ne:ghbers or From the public rights-of-way, and ti clarify that renters may be required, as Wray be authorized by Federal, state, and local kiwis, to give notice to landlords of their intcntittl, to grew marijuana plaints in a rental dwelling. l'I,nse note that the staff report from February 25, 2015, has been updated to (L) conform to the change. to the amendment project number (ter CTA 2016-0001), C2) update dates of publication of'the public hearing ural SEP& and (3) update the discussion of proposed rules by the Washington Liquor and Cannabis Planning Commission. is conducting a public hearing an the proposed amendments, after which it will deliberate and ultimulely vote on a recommendation to forward to Cit Council. Note tliat all information taken mJ received since the beginning of this process is incorporated into the Planning Comrt1ission'S consideration of these antcndmonts and is part of the record and basis for Planning Commission's recommendation. For informational purposes, all information provided as part of the prior meetings has been included with this RCPA. NOTICE: Notice kir the herring on the proposed ;tet 4:tr.117.o':aL Inti bc-c,i provided to lite Spokane raft Aims Herald in accordance with the ter] ii run tents of Title i + S APPROVAL CRITERIA: SVMC Section l?.K }.'1 :'!0(F) Fat-oviel+ ;3p1,r'it‘;:! fbi' text amendments to the SV1viC. The criterion stipulates tliat ilii: anic°tidrtwrit(3) mast il:.! v.ith the applicable provisions of the Crintpreiicnsil,•c Plnri b;.ar :a sobs tctt ii:il 1-21a60r1 1_ Lre l ul]lic Iic a.tlt, safety, welfare, and protection of the environmeril. RECOMMENDED ACTION OR MOTION: The: ['Li -inning Gi'.ivi:wi: aakv:s no statement or Nv..1mmendation reg irdiind, the prop..]>;L(I-oraetidrirerttl. C3 IlCr Ell;lre C1'.:ta Mirr!I :lti"Lr,ni lllu w`li h 'it1 tet r+rtiOndttn nt requirements p,.,r s,e;ittr r;:. ,....•i(_ 17 2i) 1;Q{F'j. STAFF CONTACT: ..'In isti rri kusiscn — Planner Jenny Nickerson — Senivir Plans Examiner Lamb — Deputy City At.o .w y ATTACHMENTS: A. Staff ReporOnclidiirn copies of Ordil:etrlCi; Nk.is. 14-021 artd 15-017 B. Proposed amendments re, Lir:,t,l: . k. ;: 'rvi+:. '4'',1C. r� [2ii.O50, clink: ApE:Aldk A C. Copy of RPCA from C)ct: l::r .':', ::(31 D. Copy or RPCA from .;,_ e�lt•,:r - 'rl I nlc tits E. Copy of RPCA A `.'r97 IJLccuil:cr , "+'e ; .. r:ra.,tiri2 F. Copy of I I'Li f lie, l^:1nv;:i t G. Copy of RPCA &crni d'.ia t -1e 1 t?, 'L . i, ii /1:.t H. Copy of minutes iiront i.}..--robcr 22, 2015. 2015. December 10, 2015_ February 2.5, 2016, and March 10, 2016 meetings. 1. Police crime tracking information requested di Ue,, ,n:4! !1, 2015 meetiii J. Document regarding "medical" marijararta rule rrurri Le e'tirii'.:is r;.r .\:.I.: ori trurn \lard' 2016 meeting -i.l'I:1-tf]\1]) Minutes r; p. Fk:rnc 1r':rllc:e ISI:La[I11rlQy Commission (•4,1111Cil U ;tribers--City Hall, April 14, 2016 Chair Graham coiled r : t 6:00 p.m. Cottamigsionet•s, staff and andiettcc stood fcrr the pledge of Administrative Deanna Morton took roll and the t'r'llcgv'inL [numbers and staff were present: Kevin Anderson Erik Lamb, Deputy City Attorney U[altom Lori Barlow, Senior Planner Jaren:, Johnson Christina Janssen, Planner Tim 1;elIcy Jenny 1tir,el+erson, Senior Plans Exaarni,ner 'like Phillips Saitinne Eiisha I-1eath, Office Assistant SL.,• Deanna Horton. Secretary of the Commission ' it °,':' j r . u .' :°' ?'r : k:lr� 14. 2016 agenda as preSei ttd The Vole mr the ra'raticn %was r/1J -Sti ii PI lrr jcra'ui', ;cm irtitllfr5-J Lili4r flit r1 f.J�!tJ ti {1[r5_S LY{. ,Jr,frrrtir +. 017f:1V 1.fo f.rr1i ^:vis'Ire .49crr'ch 16, 2016 ►Biomes as they were presen?ted. The tole on the rt'2i t! Jpl Kr sJti K: '1' Lip' au in'. MO lire inalicni pass CUM flSSION REPORTS; The Commissioners had no reports. ADMINISTRATIVE REPORT: Senior Plattner Gori Barlow reported there is n Dior sturty se 5 on schedule for May 3, 2016, between the City Connell and the Plannirp, Conimisginn to dismiss draft;pals and polices which could be inclladed in the City's Comprehensive Plan. PUBLIC COMMENT: There were no public comments. COWITVIIISSJON BUSINESS: Public Rearing: CTA -2015-0006 proposed amendments to Spokane Volley Mrenecitml Code (S' C) 19.57 Marijuana Uses, 19.120.950 Permitted Use Matrix nod Appendix A, Del -Indians After rcadin, the rules for a public ]1c:]ring Choir Graham opened the puhlrc hcurire at 6:08 p.m for CTA -20] 001167 proposed amendments lo Spokane Valley Municipal Code (S' MC) 19.55 Marijuana Uses, 19.1':0,058 ?emit:cd LJsa r+lc.lri`ti and AppcndixA,,, Definitions. Deputy Cit..,- Arlarnc r::-ik Land) ,t.r. the Commission ar1cl aud1 t'.c' ar pres4niition outlining the preccs.5 of rrn,tn.:li:Ig the eurrc:nt ra.ri . :iia regulations and the current moratoriums which are in place. Rwcrra[ti:In:11 7n1.;IrijL1tt111: i • le!!.:11 •:ast' 1'rl" 1.V.i )ington and uses arc licensed by the Washington sr3tc 1.ir rI,r and C;rnnal s , i3,, .rci t`,`' i ,-':i;r.:1i:rrrtLiana use is gvrernrrd by numerous lass and codes: 1'Lrl r°rl_ tir:r;t` aar:d City. i hw passaoc Ut ]- �.i [dill Il[.}[ a11411+'y5 how the State would regulate the medical n1arljuan:] 1't v of industr'y°. ▪ in 2015 the State Legislature passed biLLs to rec=oncile medical and recreation marijuana markets c, IVlaintairts the carne licensing system through the WSLCB co Adds `medical marijuana endorsement' for licensed retail stores o Eliminates collective gardens effective July 1, 20l6 o Establishes cnoperatives for up to four patients a Cities may reduce the slate bulfekrw io I DO feet except ar.ound schools and playground's o Establishes a t' ansportaii:'n o Establishes a research tical. : o Allows qualified patients to r i, 1:. ; tal;�n[s per housing unit c WSLCB must increase the r,ui,r`' r i .:ri c7:.1[ed retail locations to accommodate trr.%ciical marijuana needs rr. 1-gC!ir:}' Mules in Oct. of 2015 04-14-161'',UI nine CLion nissi(W1 inu €s Vas of • Proposed final rules should be complete by mid -2016 • Sets the number of'retails stores statewide at 556. Still three for Spokane Valley, but ]f the moratorium were lifted, would likely go to six. • No limit an. number of producers acid processors ■ Sets rut= for cooperatives, which must register with the WSLCB Mr. Lamb explained the Dept. of Health Pias been coxed with developing rules for `medical' marijuana. Since marijuana is still acontralled substance it cannot btested for !Led inal qualities. • Emergency rules in 2015 ▪ Proposed final rules should be co !up el, [lid 7,1.11 r>' • Designates `compliant' marijuana, rc;lst.e.1 • Mx exempt for qualified patients • ,.n) -Cotte over21, and certain minor r°I;I r [It 1'C t.;*k' -til r hillli 111 .!:ll l`. i�n'[l, ▪ Only qualified patients may purchase: a High THC compliant marijuana o Higher volumes of marijuana o Receive a tax exemption Mr. Lamb covered the current status of the marijuana nlorat 1 LUni5 in the City: • A moratorium on new medical marijuana uses, unlicensed marijuana uses, was established December 9, 2014 • A moratorium on new marijuana uses licensed by the licensed by the WSLCl3 was established October 6, 2015 • Both moratoriums require the City to develop approl:' ::1,c .:,-::'i r .]. f,.iii }k .�;• i17: effect to 2415 State legislative arrumdtrtents, • Prior to the moratoriums: • The City had established zoni 1 , (:' iC,trt`,11 •.71'i ]'4::-1;':1L1i'1lel. [":U11.1 which were adopted in July of • The adopted regulations applied producers, and • Marijuana production is permittcL. -.11 lt: I II1:,:r,,trial and tlic t, -llt lnllll;;c zones outright and is permitted in a litt,'It4cr mannLr in tlhc Regional Cornmcr•nia] and Community Commercial zones • Marijuana processing is permitted in the Heady Industrial and the LiJlii latcl1,rstrial zones outright and is permitted in a limited manner in the Regional CLrimII,:rc.ial and Community Commercial zones • The Inca t buffers for both production and processing are these facilities cannot he located within 1,000 feet of City Hall, CenterPlace, any vacant City property (other than stnrtnwater and public rights-of-way), vacant library property and vacant school property • Marijuana retails sales axe permitted in the Mixed Use Center, Corridor lrlixed Use, Regional Commercial and Community Commercial zones. • "file local buffers for retails sales are. these facilities cannot be located within 1,004 feet of City Hall, CenterP]ace, p .-perty (other than stortuwater and public rights-of=way), vacuo'. '.il r,:_ ;�ropilcy and vacant school property, the Appleway Trail and the Center -;-,1,11 Mr. Lamb explained the Planning Cuntr::is.,;..1.1A k7;,d been through an extensive process ro develop the proposed draft changes to the'i. i,, . v�:41r ]i17g the marijuana regulations. There had been moetings ori (noted by staff oiler n�L :i,r , E I r:r-nber 24), October 22, Novernl:c:r 12, December 10, 2015, February 25 and March ; I:: ell , .the Planning Commission took a held trip in which they: U414.16 Planning Cam Fru , %1inutvs Page, 3 of S • Did "vwindshiold tour" CI Ltirowu Op Farm located at 26 I N Woodruff, wwlhcre i1 wits trnec'i this is the highest-producing facilitp in dollar value in Washington but vert no nd2..;crr wt from the exterior Toured [ riftlxrar production/processing facility located at l.S1{It E Euclid Avenue. Manager Stan Fang rind property owner Paul I3ielec the opernticns Il+cxe~d at this facility • Visited Loc415 Carina Louse retail facility healed Lit 9610 I where stat" and Coni iTiissidr7ars spoke k shop owner Doug Pederson e1:;!t.r :ii : zt:eratinns Mr. L. rnb commented the Planning Commission has also receivdc,:l I•i :m rrdffi_ frog; the, pulblie:, irom the. police and fire departments. Based on previous discussions with the Planning Commission stabdrafied proposed amendments to the,: marijuana regulations which in short: • Do not allow for any view marijuana processors • Do not allow for anw irewti marijuana producers • Do not allow for any irew marijuana retail stores • Do not allow for any cooperatives Appendix A, the definitions ;rave been amended to be updated with the correct langlrngc t new definition for a marijuana club or lounge has been added and a line in the Farmirted Us•c. l'vlti,rix has been added showing it: is not allowed in any of the City's zones. The Permitted l_,se !dal ;t !ra^; 1 4n amended to show the line items on the matrix lrn.e been charmed from an `S' wrhich ref :., ro Supplemental regulations, to being struck out meaning that use is not allowed in any zore. iIcrme grows arc allowed in a]1 low density residential (ones, hut the residence must comply wii ;:11 lea a! building cedes, the grow must be indoors in a permanent structure„ no smell, no :ability to ;4i; it Eto,: outside. Language has been added regarding rental property and disclosure is required is ihe,e..:1)cr.r-: for it. Processing, is allowed at home, but no chemical processing is allowed in a reiieicrac . The SEPA Determination of Nonsignificance for t]tis amendment will be, issued April 1 5. _rC Mr. Lamb wanted to address the questions from the !gist greeting_ fhe first question was Lite; Lax_ excinption Applies to qualified patients. Mlariju na sales are charged a state exci t along with applicable state {ale. aind use tax. All of these taxes would be exempt to a qLL. I I iw:: piitit. Mr. Lamb clarified that -qualified patients' are onLy patients who had been lo i di .ch r" authorization card and rr ister with the sate s':stent. The next question was it :lir:re ;:1i$ regarding prohibiting the selling of rnarijusna to impaired purchasers* There is ! I, ) prohibits selling marijuana to a marijuana impuiri.d purchaser. Commissinner Anderson clarified only 15 plants are allowed per housing unit, but they are not allowed in a multi-family zone. CommisSiOT1er OrnhauT1 didn't remember eliminating cooperatives from the regulations. Mr. Larnb confirmed it being part oldie proposed ducted language based an Commission discussion and was in the draft regulations sent in the most recent packet. Commissioner Anderson asked Low the nonconforming, regulations would work il`the lease of one of the retail shops should not continue to work well for the owner. Mr. Lamb said based on the current noncantot ing regulations, a retail store would not be able to move from their current location, Tile provision for abandonment is I2-months, but tal that location, so it doesn't allow for the business to change locations. Only billboards are allowed to be able to change locations. Commissioner Anderson commented however we don't restrict the nun/bet of other businesses. Commissioner Stathos asked if another business of the stitne type could move into the same Io ration. Mr. Lamb responded if it was done within a 12-month period. Commissioner Allinson asked Witte license was in a joint name and the partnership dissolved, could one of the partners then tr eve the business. Mr. Lamb said the nonconforming regulations go with the use and arc not tied to an owner. CDmm:ssioner Stathos asked how a smell would be enforced. Mr. Larnb said it currently is difficult to enforce, and explained the process. Under the new provisions, enforcement would be easier. Current nuisance, ordinance sues a smell to a reasonable person. The proposed changes would make any smell a code enforcement issue. Commissioner Phillips asked hew the nonconform ir rules could be changed to allow the retail shops to move. Mr. Larrnh said the t04-1 d-16 tintrizs Pap 4 orb Planning Commission ccuid make that request, but he would need to c 1Tti'Lr •�a•iiI :-:r.:tt the change was substantial enough to require an additional pubii= 1,trini.! Chair Crrahtrn continued the Commissioners had no other qucstLor, iryr ,::.r i .:nd 111pi I l testimony, PaulBit<Iec, 911 S Valley View, Post Falls: Mr. Bielec I5 the Pres idl ei ,til 1 Li...ice.r, .,l i i c.; ......'trade owns the northwest cooter of Euclid and Laden, the place which rlie 1.1t:r : getting a blessing from the City for 1-502 production and processing in 201,1, rklr. It c;uc 4.e:dl ilii k.vas able to lease a good amotant of his property to a new lie ensees with the idea they would <,dd infrastructure in the future to obtain more tenants. Since then he and his tenants have added hundreds of thevsands of dollars for tenant improvements. Mr, Biielee said the Commissioners iorrers saw what was inside the building but there is more that is not seen. Due tr.; the moratoriums, he is no longer able to obtain any new tenants far his v+acartt space. He said this may seem .rivinl lo the Commission, however to him it is devastatiztg, He said they arc new restricted from leasing any additional space to any processors/growers, and more important we are not able to replace any of the tenants. F a tenant goes out of business, if they change business plans he cannot replace these tenants. In recent months he has turned away several potential tenants who wanted. to Icuse from hire, which could have resulted in 20- 100 jobs for the City. He asks the Commission ID please consider separating the grcwingiprxessora from the retail. He said Ile realized this had not been brought up before and he feels they are two different animals, 1-1e said he has attended many of the planning meetings and most ol'the ciscussion has been but retailers. Growers in the Spokane Valley sell their product either to existing retailers `n the City or to any other retailer across the state. The product will be gown regardless of the location through any licensed 1-502 grower any place in the state. Prohibiting additional growers ill the City does not accomplish anything other then moving; jabs out of the Spokane Valley to another tuning jurisdiction. Mr. Bieiee offered that licensed growers have a huge amount invested in their businesse.s. The product is tracked from seed to sale. The product is tested for quality, meld, fungus, bugs and hopefully soon pesticides. If meld, fungus or pesticides arc round it wi11 not pass testing and cannot be sold as is. It built out Facilities 5uch as his site, it is a controlled environment %%hick helps to eliminate the lit, :d, bugs and fungus. Many growers are ewcn $xarting to utilize organic methods of controlling the aur,$. He believes this will eertintre into the future ataa>,use oldie pesticides. He offered the Black Markel dues not care if they selL to minors. if they use pesticides, fungicides, they de not pay LAI, or payroll taxes for employees, They do not track their product from seed to sale, they do not test their product for mold, fungus or quality_ They do not pay sales or excise L x to educate the public He said this goes for flat: home grows as well, saying there are some home grows that don't know what they are doing. He reiterated his request to separate the grower/processor from the retaiiers when, snaking the recomlt ndation to the City Council. They are comp:etcly different with different Gcncerns. He said he could understated the: cancunes %vitt' additional retailers in the City. However growers ship product outside the area as well as selling is in the area. He asked what harm is there to support employees who work hard tc support t=heir Families in a legitimate business Mate City of Spokane Valley in a first class secure environment, Commissioner Stoy asked if there were limits on producers and processors. Mr. Lannb said there was a tom] cancpy limit statewide. There is a limit on how big each production rucility can be in terms cf now much canopy they arc allowed. There arc three different levels %with a matt of 30,000 square Feet of canopy. Th.e state max is 8,0O0,000 square feet of canopy space, he thought. There could come a time when they start to limit the production but the state is nowhere near that at this time. Commissioner Anderson asked if Mr. Bielee's current tenants could expand under the moratorium, if their License allowed more canopy space. There was discussion with Mr. Bielec regarding his un ented space, how he can only expand the tenants lye already has if tleey have a license which a1tows for more canopy space, how the moratorium is for the grower;/processors as well, he is a property owner not a license holder_ Having leo one else who wished to testy5i Choir Graber closed the, public hearing at 6:51 „p.m. Commissioner Graham confirmed the taxes are oriy collected at the paint of sale. Mr. Larnb reminded the Commission because the producing and processing .'arc wwholesa.Ie b}uyinesses, nes taxwes are gained from the producers/processors, Commissioner Graham confirmed there would be income collected on .,11-16 I':itnnine Cnmlrtissiun Minutes Pap s of b1 the larnperry used by the growers/processors bul secondary income would be frons the employees working in the facilities. COM rtais5ionnr discussed some information he shared with tic Commission. I1c said page 1 of his Imliclout states that in 2009 tate American Medical .r' wsociation (AMA) requested that cannabis be removed from the Schedule I; controlled substances, ill carder for it to he studied properly. Without this requested being honored, which it hasn't, there will be no studies and therefore no support. So eery time someone says there is no AMA suport, it is because they can't study it. Without it being removed from the list of Schedule i drugs, tl.c AVIA won't study it. He said while A`,IA as a body doesn't support medical cannabis as a valid treatment, numerous independent surveys are indicating medical professionals around the Mabe are corning out in support_ ivcn the Food and Drug Administration is wanting to `get going' on the approval o'fcannabis. Colnsnissiura i .It 1insort .said that another misconception of cannabis k that it is a gateway drug. He quoted from the oldest report he could find h his research, which was from 1999. but other reports he round were similar. He said that the report said that while roost people Aire use harder drugs usually used cannabis First, there isnnthing which links cannabis to moving on le stronger drugs_ It is more ofa middle step, in a progression which cornrnonty starts with tobacco, then alcohol, then cannabis and then whatever the harder drugs are that someone would experiment with. Cannabis when not available, is more often replaced with. prescription drugs found in an adolescent's hone. Commissioner .iohn.son said so cannabis being labeled a gateway drug is often inaccurate, 1-te said another argument everyone has heard is that legalizing cannabis sends the wrong message to youth. He said pace 3 ofhis irirndont shows an excerpt from a study which says that legalizing cannabis does not increase use in adalesceatts. He said his impression 1.114g that the age group we are talking about does not to adults. They listen to their peers. They don't care what message the City Council might be sending, or any government body for that matter. He said anyone who has pare Fled a teeito erundersrands that commonly a par11L's message is considered an anti -message by the teerttr er. 'I`hcre. was a study that showed in states which legalized cannabis use by adolescents, that it was higher before and after passage. There are other factors at play and those factors need to be discovered and addressed and blasting, cannahis is actually zt :el herring, Mr. Johnson discussed the tax revenues which would be rained by t:te City from the sale cannabis. Ile offered the $75,000, which had been mentioned in a previous meeting, did not seen. iike a lot. however there are news reports about the growth of the industry. Mr_ lohnson said he fell that last year's $75,000 would be $1 50,0Drt next year, and S30G,000 the next. I -]c said you can look r_t Ulu graph which boas on the VV'SLl~A's website and sec It has increased 7D% in 10 months, most likely to double in a year. By the time late slate fiscal year ends it have doubled. Also on the WSLC.13 website there was research on how the legal sales are impending on the illegal sales. Fie last referenced an artick from Time magazine, from April 2015, which states there has been a 2.5% drop 0f caru1bis confiscated by CIS Border Patrols and a 32% drop by Mexican aauthoritie€, relating chis to the legalization in sortie. US states. Commissioner Johnson said he did not think rhe Commissioners would drop the moratorium on retail, but he hoped the other Commissioners would consider drooping it for the producers and processors. He said the City is leaking at the loss or lobs, ~'(ages, and millions of dollars a year. He said there is one property owner who is here, and another property owner, which the Commission drove by that business, which had 200 ad time jobs, which is a lot of wages. he said he hoped the Commission would take a serious look at the proposed arnendment as it was written. Coiiimissioner Anderson stated he never considered the moratorium on the proclucersiprocessors since most of the conversations had centered on the retail_ hie said the best outcome wvnuld probably bp produce it here and sell it someplace else and he would consider that over selling to locals. Commissioner Anderson said the prcducingJpracessiag was nota problem iii Iris mind over the three retail outlets. He said he did not remember having a conversation about how rimy acres should be allowed, he thought it was State controlled. I -le would allow the productionprccessing. Commissioner Kelley- said the discussion is about how fast the City moves forward. Commissioner Kelley said there area lot of businesses in die State of Washington we'reich have trouble with regulations. He said there are u tat of associations which spend a lot of time fighting ni capital bill to get rid of regulations, welcome to the small business world in the State of Washington. He continued suyi:i4 there are associations like :he Elomc Builders Association, the Association or General Contractors, the Associated Builders and Contractees Association that are getting regulated every day. Every one :1 O4-I4-16 PlanningCarnmission Minutes Pegs 6 orb them ]las invested a great deal of money, maybe net the trillions yeti have, nue a great deal of money to them. They are getting regulated out of business and they are moving out of state all the tune. This is a cletitenge, this is something that needs to be addressed, hut he did not see where the marijuana industry should get special privilege just because they are a drug operation. Join the other associations that trrc. fighting the regulations. Find people who are on your side, that have common causes 7 rel get involved in them turd stop asking for the king to anoint your industry. Ccmii issio:ter Phillips said he felt that the nonconforming regulations should be changed to allow the retailers to mood l-lc said he did not Iikc placing anyone at the mercy of a landlord, He said the landlord should trot leave the right to trod over the lease the fact they can't move and they would be able to raise the rent. He feels, we should craft the regulations to ai:luw for the movement of the three retail shops. Commissioner Phillips said he was not opposed to allowing more prodeetioniperreeseurs, Commissioner Graham said she felt that some °Fere iuformatie}n was from a time when marijuana still held u stigma and that the gateway aegureent tori because it wasn't as readily available as it currently is, Commissioner Graham said she thought ahem the producers+'pracessors, where they are located and whar little impact they had on the surrounding areas. F r thoughts are rncrrc iii lime with lifting the nloratorienr On die pioducersiprocessors, She thinks it zooid bring as many jobs as Commissioner ,ir.I ii on I'iopcs, which is always geed. She has some conmerns abnur the Department of l iealih and how they are going to entbrce pesticides. She also agrees with allowing the current licensed retailers to move under nonconforming rules. Cornmissiaaers Stoy agreed that the mailers should be allowed tee nttrve. He also agreed with allowing the moratorium producers and processors to be hied. Commissioner Stathos said in all the discussions she. slid not realize the moratorium was affecting the producer'processors. Sile eornmertted on the visit, said the site was secure, there was no smell on the outside, it was clean andjobs are being created. She spoke to Commissioner Kelley's statements about fighting to create less regulations and she said we arc creating another layer of it because of our moratorium. She said Hs options now are so narrow there is no room for growth, even for someone who has already created a facility. She said she felt that the regulations needed to he reviewed_ Commissioner Kelley said he agreed a retailer should be allowed to move and not be bound to a location if they could not work cut a geed lease with a property owner. He else felt the- City should not allow for more than the three which lead already been established, Commissioner Kelley said regarding the production Facilities, he said he Felt the City should move cautiously. There was no data on what would happen to the employees working in the facilities now, there. is no data un, what kinds of eliallenires the Industry would face, he is more its favor of putting the brakes on a Attie bit, lettieg people op.rate as they are, but he is not in favor oF opening the flood gates. Chair Graham stated she felt the Commission had :r ticnseilsus on the following items: ■ Lifling the moratorium on the prochuc rr't,rcaeGs.: errs • Drell: regulations which evould allow 11 Lsrre~ rllrti.rtt[', slirps to change locations Commissioner volley requested an informal vote on the two items. c}ml°YI;;sin .e: Stc,v asked ifthere was consensus to limit the numbers of produccr..processors in order to aline. C:;] n r: i til .nor KeIIe to be more condonable. Mr. Lamb responded the Stare controls hew those lice-i es kr:. chis+ °,I ii_i. d and they are not given out based on a rtuniher of outlets, but on amount of cancioy sl ac... 1.'L} ,inlissio ler Anderson discussed how the State is controlling the canopy space and it is a sink... ice rauit:lhrr. a lel t1wi5 could be a floodgate in Spokane Valley, however this is occurring all Quer the state. Ile f :i the restrictions and eliallcngesto starting this type of business would not allow torr just anyone to I-c :ii]lc to do it. Com:nissir3rter Kelley comteented that just because cvcrw one else in the State is dai.t'!. it ridiculous. In response to Commissioner Ser iIi s' comment about the requirements For licensing a producer/processor, Mr, t,an b explained the State requires they knee a property in mind, Iic.wcwer he was unsure to the extent they must demonstrate they have: u lease; tion the npplicurit must have an opt:reline plan for that location, whit.h mitst include ull the rtecessory security features, the cruor iitine 04-14-16 Nanning Cammirsinv helin ACE. ['ageoFS area, Gamirras, how many employees, Until the applicant has a site pinned dom n, which includes zoning at the Iectal level, any teuari i trlpravemerit s which might be necessary! they must cpntbrrn to all building code requirements. All of tllis must occur before taey arc allowed to have a WSLCB license. Sr, [Mans Examit:cr Jeutty Nickerson discussed site had been working with some applicants for possibly a year and a half or uirwc As they work turuugh identifyirtg u !gcntioir, securing a least:*, identifying sr+ttnt type of modifications would be necessary, applying fat the permits, eomplhiiig with the 'permits, Following the inspection process, applying fora husine.ss license and moving forward with W"SLCB. She said some applicants have nc problems with the process when they find property which is zoned properly. the building doesn't need many inodifications to meet Etre?safely requirements. The City will mi approve a business license without [herr, having applied for airuilding permit completed, The 1' ;[.C'I would look to make sure that the building and tire codes have been mut before issuing a prac"sIL license. She noted she has had applicants who have done work, invested money only to learn they v.ill not be aprirowrcd. The Commissioners hod a cullsensus irate co modify th propasad draft; language to allow. • Marijuana Production — Perrrritted in heavy and light industrial zones outright (indoor and outdoor); permitted in limited manner (indoor growing only) in Regional Commercial and Community Commercial zones. ■ Marijuana Processing Perrnirted in heavy and light industrial zones uu.Gright 'packaging and extraction); permitted in limited manner {pack...:`in1., a,rtl 1:)"oclitt� t i. useable marijuana only) in Regional Commercial and t.. .!'11tu::it4 C rn1:lcr::i: I .renes. Local rafters f'nr both rnariauant p:'r iu-l7c"r1 pi::,c.,, :n - C1 r.nnor be located within l.nr..0 1._.r:. i t';", p i.tI I,, Centc-place. vacant City propery (otlher [1131] : L in iwater and public piTTL tyr and vacant st:hciuL propel':y. Cor11111iSSicwr Kelley Rota[ once this was dime. tilers 0...ould be no limit on the number of production facilities which could open in the City, 176re oor (hi .ti' propcsaf. wrrs SOX in favor, one against. Commissioner r Kelltra r}is.h'eiitiirg. The Commissioners hits u conwnsus Grote ILO Modify the sar'oposee drank language to • Allow only the three; retail marijuana stores, but to modify the nonconforming rules to allow the three stares to change locations as long as they Maintain all the previous requirements. ▪ Permitted in the Mixed Use Canter. Con -id it Mixed Use, Regional Cammercaal, and Con? mu nity Cont trier[ ial :wanes. F Local huffers fcir retail sales: Cannot be located within 1,000 feet of City Hill, Centel -Place, vacant City property (other than storrnwater and public rights -cif -way), vacant library property, vacant school property, the Appleway Trail, and the Centennial Trail. Commissioner Kelley asked if the language could be crafted to only allow the shores w move, if they were experiencing lease negotiation issues. There was discussion about how the City would not be able to acco r.plisli this. Commissioner Johnson wanted it noted his vote on this would reflect his desire to not restrict lite retail stores to only three in the City. The vote on this proptlscl wars sLrr lar aw '. one ❑ Tea znst, with COnarttassr nner Johrasour dissenting. Mr. Lamb noted staff would draft up a now proposal and notice a new public hearing. This would not be happening at the next meeting based on,. statutory requirements. c4-1,4-16 Pianryitis Cornanissien minutes Poge s of 8 GOOD OF THE ORDER: Ms. Barlow explained how the new gads and polices for the newtupdated Comprehensive Plan had been developed and there was a possibility that there would not be a direct comparison to the old Comprehensive Plan. ADJOURNMENT: There being no other business the meeting was adjourned at 7:02 p.m. Chair Heather Graham .$acre ry Deanna Harton Dat s ed (_f1\ 0U. POK.1':I.. VA. L1;\ Request for Planning Commission Action Meeting !sate: May 12, 2016 Item: Cheek all that apply: [i m . isent E] or, Ej ;Dublin 11earing r 2.r:•di1t6 legislatiOn FiLE NUMBER: CTA-2016-c10O I GEND:\. ["CFAITITLE: Public I Ica 1.1:7i1.:;i11;. DESCRIPTION OF PROPOSAL: City ^ �initiated /ycode text arno.ralniciii to the Spokane - Valle} it]un ip tl ':��i r � Ir1C) cI 'L:ler 19.85, SVMC 19.120.050, and 'ti.pp,iiid;x to adt1 4LILLLIIL&iii izgarlr'::1!! Is".iA::':':!Ir<I ':LSCS, Ali. new marijuana retail Lyses, cooper...i '. i .:Ind Clubs from any zones Ikithii' °`•:' i Il',', I: :'1 .0.......txtsting retail us' to locate within existing :irl:i subject to existing bufferiiu2: Ill 1)4 Ide af:l1.1".1 71131 regulations for production and lrrc.lccss.ine of home-grown ui,i: i1LI'LI11a1 by enol:I ... l 1.:!' it..s::< aid ri1 igit;-!°uCi providers for personal use in residential zones, GOVERNf°G LEGISLATION: RCW 36.70A.106: ftCW 69,50 (LoLJi]ii:l II61:dti't.4 *;':'I; Rif* 69.5IA; SVMC 17.80.150 and 19.30,010; SVMC 1935;.SVMC 19.120.0311 PREVIOUS ACI ION TAKEN: City Council has adopted regulations' as st;t 1."::d1 in SVMC 19.120.05° and SVMC 19.E5 for the zoning and buffering of recreational marijuana. CLx December . 2CI'i:I. City Council adopted a moratorium ort unlicensed marijuana uses (primarily medical niariii.<Luti). On 'October 6, 2015, City Council adopted a moratorium! 1.711 marijuana uses liccn5cd by tlri Liquor and Cannabis Board ("WSLCB"). On April 14, 2016, Planning CommissioL 11 iL1 a pu'alic 1.eLirir,6 and approved a modified proposal fog• consideration. BACI<GROUNT: The City is in the process of developing ectraprehensive focal niarijuana re4LL;aticus. as required tlursttaut to moratoriums as described in the Staff Report, rile Planning C:L,mrrlissi.I1 conducted background study sessions on October 22, 20:5, November 12, 2015, and December 10: 7.1 tl At those study sessions, Planning Cc iomissiLan reocived information from staff regarding recent tihanucs to State law, ongoing ruiernokittg by the W"ask,9ngtort Liquor and Cannabis Board CO.'SL(._:13) ;mit Washington Department of ] ii alth, testimony from the public., information from Spokane Valle; I i iiu and Spokane Valley lire, and a range of .urious types or:availablle options. Planning, Cc.nirnisior: also visited a marijuana production/processing operation) and retail store on March 3, 2016, Planning Commission considered various options and ultimately gave a consensus for it:!,':1 to draft proposed amcndLzlent language that would ban all new marijuana uses, allow home le notice by renters to landlords for home; growing, and ban home Ii1L: recommendation from Planning CoLn:nission, staff drafted proposed amendments, whit:I: ',•, _r 2.11 briefly at the meeting on February 75, ?f}1 6 and again duringa study session on March 10, 20 i u. On April 14, 2016, Planning Commission held a public hearing on the proposed amertiii7LAiiiti, t•.hi;:l, generally would prohibit any new marijuana uses. One interested party spoke during the pub'.ic 11L -sing. As part of deliberations following the public hearing, :Tangling Commission approved a subsi.zr.tialiy modified proposal as described below. Pursuant to SVIWIC 17.80.150(K.), the Planning Cormnission is required to conduct a public hearing an the modified propesil if the ria odific.ation is snbsianti:rl. Accordingly, the Planning Commission is holding a public hearing on the modified proposal on Mdy° l2. 2016. The modified draft amendment. proposal will amend chapter 19.85 SVMC, SVMC and Appendix A by (1) adding definitions for (medical marijuana endorsed retail stores, marijuana cooperatives, and marijuana clubs, (2) prohibiting any new licensed marijuana retail stores from all zones, (3) allowing existing licensed marijuana Mail stores to locate within the existing designated cones in conzpliiance with existing buffering requirements. (4) prohibiting marijuana cooperatives from all %OaiC,, (5) prohibiting marijuana clubs or lounges from all z;orllf;s, (6) requiring any home -,growing by qualified patients as allowed by state law to be colid;IL`•,'d only in single family residential zones in. permanent structures that arc opaque acid not visible by nci_libura or front the public rights-of-way, and to clarify that renters may be require -d, as may be antlinrir d by federal, state, and local Taws, to give notice to landlords or their intention to grow Imrijil r: t plants in a rental dwelling. The major changes to the original proposal were to I l) altow licensed marijuana production and processing in existing zones in .:olnp:lance with existing buftcring requirements, and (2) allow existing licensed. marijuana retail stares to lot we within existing allanwabl2 zones in compliance with existing buffering requirements. Please note that the staff report has been updated to conform to the modilied proposal. I?laratni i Commission is conducting a public hearing wi the proposed modified amendments, one. Aida it deAcrate and ultiniaiely vote on a r'ecomm:ndarion to forward to City Council. Note that: all infaorm:Akiri I;rkcn find received since the beginning of this process is incl -(rusted into Planning Commission'; cor, ideration of these amendments and is part cf tlic reLcrd ;Irr,_! 6:1 I'1;irlr; rr Corniiiission'> recommendation, FC: I' I'1iirnla`II14111'.Il l;llrposes, all infarniaficri prcrvieeiI ;I p;':rr et the prior 11r4CtL: l;r",:. Imar. If`: .ijdcd with (111 RC'PA. (t't'IC'E: lit t= : (.;r the public hC:ting c} t rltir prc}l!I;sL arn�rliF I.!I1i 'I:rS h �tl )rtivitlLLl h::'tu .5;•rnd:ar+cr `: i l , cordancc with the' rC'.gLllrc:]i eats IJC ILI0 17 S\'i IC. APPROVAL i.. C'RI"T f'-R.fA: SVMC Section 17,80 15O(r) pr:wid1 , : lv..v:al crilcria for tet am en:lincr,ts tc7 the SVMC. ,:riterion stipulates that. the PTrai)trscci :tirendirem(s) rnt.`;t I:rc: cransist;:lat -.villa t':1 applicable prov'isionti of the Comprehensive flail L.ari br:rr <, uh l_lr li;tl rel€;ti;'i I[; r1r falllrli. hculll., 5u1'ety, aw•e.Jiare, pry+.cation ofihc environment. RECOMMENDED ACTION ORMOTION: "I hi f}f.ln_r nl l?ivisicrn RI;IIke no st:tlencrit tr;` rccon;nicndxtion regardin!4 flaw proposed amendment.; oth.;r IIi;iLe propo!.:,111 c,.irtrplies City ie' ;Illtenilment requirements pursuant to SV1v1(' 'wvl:ashinpion Siat.c L w. STAFF CONTACT: Christina Janssen — Plattner Jenny Nickerson—Senior ?lens Examiner Err,( Lamb — (Deputy. City Attorney ATTACHMENTS: A. Updated Staff Report on modified I,..� I+, h.11 :: c Iu+lIII t .: iw ; i C rr, in;ince Nos. 1.4-021 and 15- 017 3. Proposed modified amendments to chapter i{F ',t la Appendix A C. Cstpy of RPL'A from October 22, 2015 Ccpy of RFC from November 12. 2015 meet E. Copy of RPCA floor Deeernher 10, 2015 nrcrlinfr F. Cepa of RPCA i`rom l cbruat'y 25, 2016 mcetintx G. Copy of lt.p'C, from March 10. 2016 met n Fi. Copy of RPCA rrom April 14, 20 id meeting L. Cope of minutes from October 22, 2015, Notienbcr 12, ?0'i 5, December 10, 2015. February 25, 2016, Mardi le, 2016, meetings and April L4.20 G public item inn and meeting, J. Police crime tracking information requested at December 10, 2(I 5 meeting K. Document regarding "medical" marijuana rule from Commissioner Anderson from Merck 10, 2016 meeting Chair Graham called pledge of allegiance_ staff were present: Kevin Anderson Heather Graham James Johnson Tim Kelley Mike Phillips Suzanne Stntho; Joe Stay APPROVED ilelinutes Spuknuc Valley Planning Commission Council Chambers— City halls May 12, 21116 the meeting to order at 6:02 pen. Commissioners, staff ;arid audierce stood For the Administrative Assistant iJeanna Horton took roll and rhe fallowing mensltus tsnd Erik De.rwry City Aticrnty ',11 t Janssen. Planner Leel r.r.:: 1-lerton, Secretary of the Commission Commissioner Siry moved to accept s)te ,l f ry 12, 2016 agwi'da aq presented. The vote was seven ; r: frtlro,r, zero against and rhe motion passe el. Cnrurrris,5/Air r &toy PI OVVar approvc the Apr it28, 2OJ6reinuiesas• presented. The vote Wenseven r"xrfavor, aero againstanddle= reeliun passed. C'rrratrotjnion r• Stay mover! to approve the May _T, 20,16 minutes as they were presented. Commissioner Graham She wanted to clarify something which was said tai the May 3, 2C lb joint meeting. She read a prepared statentertt saying she took exception to s:utcrnent made by the Community and Economic Development. Director John Rahman at the May I'd hint CourirFiIiCoinmissian meeting- She said during the opening, of the meeting Mr• Flolirnan made a conenent that tlic Plarming Curnanission had somehow diverted its attention away fmrn the Comprehensive Flan. to Focus en tate marijuana issue. She said she would like to remind City staff the Comr7iwsinners work at the behest of the staff, us they sat the Commission's agenda. Interruption in the Comprehensive Plan was not because the Commission Wtws so focused on the marijuana issues nor was it because they Lensed to ignore the Comprehensive Plan, as a matter df Fact we spent many meetings address ire: Sevr2r r1. of the items on the Comprehensive f 1adt. until st fell off the Commission agenda in June (2O 5). She said thea were several meetiti!ge canceled ie the summer and the fall, xyhen the Commission resurnatf in 2016, i5 when the marijuana issues Came forward and the Commissions heard nothing more about the Comprehensive Plan until thejairtt meeting. She stated she cannot speak for all the Cornnlissioners linweve- 'hr ch.tirnran .7f this Commiseen, sane felt as ifthe integrity of their work had been questioned. She see' ,h. ;cti i ,,,,; ri+.rst importent re brute this forward and ask for an a .pole froth City sulfa.Carttnti., :: �}. i<. ii t. .-;Grid he did net ger that Feel from the statement. He said he felt it was more as if Mr. 11:)l1rr,.r._ 4415 ,inssi1y4' explaining the Commission has had other work as well, such as this marijuana subject, which 11, 1., ':sten consirlerrhlii 'tirnc. The other Commissioners said they steed by Commissioner Ji a!ett,m' r:,•i; 9i„ �Et The vote n„ rhe runtish wos seven in laver zero against, incl the urotion passed COMMISSION ISSION REPORTS: The Co mrxaissioners't::si no r,:port. A.DMLNISTRJ.TIVE REPORT: There wa_s no :tdtto:rikirari'.,c tepee:, PUBLIC COMMENT: "There were no public comments. COM MTSSION BUSINESS: A. Public Hearing -- CTA -2016-01I111 proposed amendment to Spokane "Valley Municipal Cnde (SVMC) 19..5 Moria ea ea Uses, 19.120.060 Pea'rriitted Use Matrix and Appendix A Definitions Commissioner Graham opened the pub lie hearing at 5;4 p.m_ Deputy City Attorney Erk 1arub gave an overview of the revised proposed amendments to the SVMC regarding the marijuana regulatiors. PPrevieesly a public hearing had been conducted on April 14, 2016, Al that hearing the Commission was contemplating a complete ban or; arty new retail marijuana stores, tiny new marijuana prodii ers or processors. After the public hearing the 05-12.16 I1:! n rsi ¢ I6 Cori r! tis i o n Minutes Page 2 or 5 rn i e an informal decision to modify the proposal for consideration. Staff determined die modifications were substantial encu;h to warrant another public hearing. The pec:nosed modified amendments are: • A definition for a marijuana club or lounge has been added • A definition fora marijuana cooperative has been added • The name of the Washington State Liquor and Cannabis Board has hewn '.1.I+c'.1tcd ilj Ti definitions • A definition for marijuana sales with P. medic it endnrerncnt has been ritldc.c • The definition for marijuana sales Eii 1.- the medical ':-ndorscpi `nt • Mearijuann production has Lieun reLLIrncd 1'7 1" zrnilt ti:.ii wilt ',I1,il' erroenia1 CI: is i�li 14�r1 •-1:T: ..I; in the Permitted i.J..e MatriM • Marijuana processing has been rL°?r r : ci a,' I::rmitted 9, 41- iipp.einentai conditions-.t:uus in the P+:rmitted Use Matrix • The regulations for 19,85.010, hvfarijuana production has be added back, with updates to the language regarding. City Hail • The regulations firer [0.85.0 20, r\-LLriJal.r,l., I ;;4 added back, with updates to the laug a.ee regardin City Hall. • Thr; re,gnlatinns for 19 5.630 Marijuana reiai: s.,i] ; h, °; :e :r rttinditi:rt re ::trate in ri:w marijuana. retail sr:]CS4:no(1 allOW til le L.! E1 I• 11:t•v:: iii lain the City afi lcngaw they can dill conform witli rl,e. I'• i2ti it+els :)°;ice • 19.85.040 are rile rc!e) .ro!.ioi' I.E. r,1,:rkItlrina uses ��'Irl� ! sr: I;rr.IIii:iic,i .r!�11.xIi i , cli�lxs, 1ourigi ari[I L _ F[tE I lti' '• . ,I_;I .It,L:;. [li'r :apply Lo I1 Ciril I lr :: • I9.$5.050 IIL 11'x' t'1 Ill:::1: ,y;1:r--'arl]u: ria Eiicti is Irt n _r.'1,; I(,I. qr. 1 11.: I I,..ril., ES: {:CITE'. ]: ss.CI[-.Cr (r311C''!1- 1! IL: Ii R1'i11" n resicii:l Iieiig 1.;nn4r 14i'I]ec1 t.le SI:_iL- had ti:: :t4t`I ;7'.11 .CI }- '..Ir'1 .` [7l.! I'=1:i 3'r'L[' ITt adc;r;l'.1r1 to adtlraNs L ii1 cluE s a roti itt'. ii r _7t 0111Y lIk' City's buil also -1.11,Z h ;il4.2 .; r.7 well, C:urk,rrri..poner Graham c!l1Scc? the public blic hearirl} at 6:23 p.m.. Commissioner Stay moved r, approve CTA-2P16-6OO1 as presented. Commissioner Johnson said he le conlirruing with the moratorium on any new mai[ business is not going to have the :rnpnct the Cuituiiik',uiri is hoping for. He feels more retail establishments will open immediately outside the City's borders with than revenue going to another jurisdiction. In the end will be just as much canruibi: inside the City as if we elbowed the mark t factors to control the business. He did sppreci:rte tlltd support the Commission's evolution on production and process and Said the supports Conunis: neer Phillips amendment from the last meeting to allow the current retail outlets tc move should they need to, but he would be voting against the arnclidtnent feeling it needed to allow more than the three current retail dreams. Commissioner Kelley- said he also would he voting against the amendment, saying not enough is known about how this would work. I -le feels the current amount of -producers, processors and retailers are sufficient. I -le would rather have the City wait five year and see how things have turned cut before allowing any more marijuana businesses. He would not be supporting the amendment for this reasons. The other Commissioners had no comments. Chair Graham called for the question. The gore on the remotion Was five iii favor, two against, with Commissioners Johnson and Kelley B. Study Session: Coiuprehensive Plan — £cor,oniic• l>crtielopnnent Retail Improvement Report Economic Development Specialist Chaz Bates l,r w€ :L I;r:scnt itinn on a recently completed economic development study, this one regarding rc.tr r il:'I ,1 :1 I;ilrr;. '.'.Rich will be incorporated into the Comprehensive Plan. The inforrnatio in .:.c ;ll -. i; 1r:3:[.:015. This will be used 10 [ruck retail growth in the City, this will also provide. steam _i., :,w.I ria; it' tltc 1_'ity to be able to use in the future. Staff conducted an inventory with the consultr,rel;, vt 'ke rut: ,tt retail in the City and the consultants :15••12• 16 ['limning Crtnintih.wi a Page 3 cf5 were surprised 41 haw tunny big liQX SUDIVZ the Ciiy already had, This helped them to identify the key retail anchors, define the retail trade areas, demographics and tho retail demand. This report will be used at a tool to assist in attracting bus:ncsscs and facilitate growth in the City's retail lbctpriiii. This report assisted in identifying the primary (rude area, which is a five minute drive front a major retail iccntion. This primary trade area is generally the City's boundaries. The secondary trade area is generally a 10 minute drive from a major retail location, which reached out beyond the City's herders. The demographics of the trade arca for the City had a wide range of irtctiines. Mr. Bates dater that relatively speaking the City has a more households earning between $30,000 and $75,000 than the City of Spokane. There werie higher pockets of Moraine north and south of the City but these people were driving through the City to shop The City has almost 36% of our households spending. more than 30°%a of their income on housing costs, which reduces the amount of income for discretionary purchases. ConamissionerJohnson asked about the demographics of these statistic. Mr. Bates said he die not have that information with hire this evening, however this inforniatiurt was corning frlonti the 2015 American Community ttunity Survey data. The greatest number or retail establishments are Pond ;er ices and drinking at 19%, small to mid-size retailers at 131% and motor vehicle/part dealers at 12%. Big box 5lares only account for 2% of the market, hut have a large influence on the retail sales. While the food services account for 19% or the market, they are limited service, not sit down restaurants. The largest spending category was motor ',Aide sales and part; which is followed by general sales which is the big hex story,. This is 66% of I the retaiI sales in the City. The City c rpttucs marc than 100%01 the rpeadine p w.er 1st rtt.)st retails L terroties iii tl:t• prinic.ry ritde area, The categories where the city captures 1c.ti;; thar 10IM art: sLcL,;0Inn1.;1.1atinn:,, fr)Chd and beverage ;e stores, performing arts, anti spectator sports. Pias Ictiv themes which carpe frarrt this study are ▪ Regiora1 iiraw I Ft' sl, peers throughout the rri ion Few nem:lyorhood retailers • Retail is diidw red by bitr bore 13i2 box st3re3 represent significant perti:;ni ul-sit!Qs • Spokane Valley Mall is a major retail draw • Few full-service restaurants • Higher incomes outside City to the north and south • Ara of retail are underperforming ar underutilized SN: r*rail improvement goals came from the report, along with passible supportive actions: • Leverage reoinnal rail k cal assets tr, drive local _ar�rtmerec o Identify potential projects that could spur tourism and prioritize city investments o Consider implementation of u 'might out' program o Ccrllsider implementation of a 'Taste of Spokane Valley' or ' i. staurant week' event • Support and expand existing retail centers o Offer financial incentives For voluntary physical irnpro,-riiirri. o ivl.atch businesses to available space o 1ritvnsity recruitment efforts o Provide flexibility for allowed uses and development types • Support catrr1vtia. transformative. or innovative retail prctjccts o Encourage high duality° retail and supportive uses at Mirabcau Paint o Participate in suhnrea planning process for the City Hall naso o Market analysis for a Farmer's market • Craft policy to support goad retail in the right places o Rezone commercial corridors c Expand andlor create neighborhood commercial overlay zone o Permit 'local production' uses • Plan 1d arid intiatstructure to support retail development o Identify capital improvements to existing retail centers o Invest in .1ppcarance or key gateways in Spokane Valley O5-12-Ici iaarlfling Omni -miss idrr Min Lik [ i nr' a USS Applevav i'r-n] 1: ;Tr.!' nearhy rets:] developnicn: pan r.carby parcels, ■ Strenntlien Spokane ValieN's Minix its rjta:btiernir.,tli::t O Promote retail sewrrients o Promote SptrkancValley's prioritic' r.: i irlErr":ctirl!i In r T niarketingefforts o nub licirc retailers and events Mr. Bates stated the next steps are to integrate this i;a:o i irricirl Alto [he x_ c march unsivn t'Ir:iii ni ;1111L`I1:i the development regulations to support these suggestion. Explore ret:til connections to the Appl'cvrdv Trail. Develop marketing materials which support our retail trade, coordinate with out rceion.tl partners, develop a list orfretail vacancies, and coordinate with developers to fulfill eottGmit; pr.Uriiiew. Commissioner Anderson vsked for clarifi:ation ors r part of the report which said `critical moss business versus limited rnix,' which is in lrjbit 4. Mr. Bates said there is usually a tipping noint'A'l'.er it comes to retail. Commissioner Anderson ri asked of thea was a list of the things tlte' City ��tr Irllssla'r in its retail, naming specific stares. Mr. Bates stated this ‘vas not this consuitann,i" tai':ti Information that specifics would cute from a retail recruiter, Commissioner Anderson said one of the sporting events missing from the list was a vol;cyi iiII tournament ever year, which usually is 12,040 rooms per year. Commissioner Stay commented on a large soccer tournament which also happens every year at Plante's Ferry Park. Commissioner Johnson 4vcndered how the Planning Commission would be able to impact these goals. Mr, bates and Ms. Janssen explained the information would assist in °reining policy in the Comprehensive Plan which would guide the staff in tlx: work they do. Commissioner Johnson also said he felt there should be more social media interface in order to reach out to the younger people in the community. The subject of a mixed rise development in the City of Sim-lkane lead herr, 1r critroped .md Commissioner Anderson has shared he did not feel the City shiul. brt -I1.111L2 iIE IIS I .:Ir 711 l -.I:, i'1Liw... w'. Con]I1lL. ic, J .ihiltitil:l :ti:al l ht felt a development or this type would l,t alit• ii i ,,.1; ',1C.C.11.i -L worked into I!1 plait. Cnr-Linis41[''1U1' Si Loin: said the joint tweeting hod tionllict Ir.n points in it. For cx; hill '.hl rti '�"inti gLICtitiOri. r t \'::stir C0i1 CrVati0n but In also then l' a1uIIrICrilrain nl tIiL C::3 ,1'1!11 Lrvos :111[1 lkhieh, require watering.. She said the exercise V"1.s 'P1 111E.. 1 i..t 1: seemed Lo,.', sit. Certain tl'rll'4'? Irl certain areas but not the same in all areal. Mr. Rates ;tang! Mr. Basinger would be returning to the Conurtission to share the results at'the workshop +.hide was held May 3, 2016. He said this report did not deal with I:ctISerVator. She said she would like to see some of these things addressed, hiring a specialist, but she was waking to find out where the money would come from other than raising tares. Commissioner Anderson said from a Planning Commission position and the, Comprehensive Plan the only thing the Planning Commission could do to assist retail sales tax improvement wound be to let zoning restrictions or zoning changes where more bbt.sinesses could locate. He said a City can't make retail sales happen. He said the City could facilitate it by not restricting business, He said return on investment (ROI) was mentioned in the report several times, but what did we spent to get it, the City did not. invest a penny to get it. He did iiot know what eke the City could do other than change Pic zoning structure, or cut hack on our restrictions to allow more businesses. Mr. Bates said the rclurn on investment was referring to hiring a marketing firm w help us develop a marketing program -and making sure if we are going to invest in capital improvement it would generate a return on that investment. Commissioner Anderson contmented the report discussed investment in infrastructure. Commissioner Johnson ommissioior- Johnson asked hew niui h of an impact the Planning Commission would have on the development of iat#-i•as-ructure. Ms. Janssen said the Comprehensive flan is a road wrap to statrs ~work, it guides the pry graltls which are implemented, if implementing infrastructure vasa goal & policy in the Com \,ehensivc Plan then staff would work to towards programs or decisions which supported those mails and polices. Coramissicner Kelley said he felt it was more like a bit; picture, broad brush so when changes 'rune forward the Commission would know why things would be a certain way. 5-12-16 Planning Commission Minuias Raga 5 of S GOOD OF THE. ORDER: I .,cry uas nothing for the good of the order_ ADJOURNMENT: Ccrnmissior: Johnson tno+vec to adjourn the, tweeting at 7;U5 p.m. The mW on the motion was unanimous in favor, r:,4atoo passed. Chair Heather Graham Date signed Secretary Deanna 1-kurtort FEN011 GS AND RECOMMENDATIONS OF TUE SPOKANE VALLEY PLANNING coteassior FOR CTA -21:11G -000t May 26, 2016 The following itndings are consistent }vith the Planning Commission's decision to recommend approval. Background: I. Spokane Valley development rcgulaticms were adopted in September 2007 and became effective on October 2S, 24 7. 2 Ci'A-2016-0001 is a city initiated text One rtdntent proposing the arncnd chapter 19..85 Spokane Valley Municipal Code (SVMC), 19.l2C .050, arid Appendix A Iy (1) adding definition sfor medical marijuana endorsed retail stores, marijuana ijuana cooperatives, and marijuana clubs, (2) prohibiting any new licensed marijt:tutts retail stores from all zones. (3) allowing existing licensed marijuana retail stores to locate within tile exist ingdesignated zee incompliance with existing buffering requirements, (1)prohih ting marijuana cooperatives from all zones, (5) proh biting marijuana clubs or lounges from all zones, +:6j requiring any home -growing by qualified patients as allowed by state law to be conducted only; in single family residential Zones in permanent structures that are opaque and not visible by neighbors or from the public rights-of-way, and to clarify that renters may be required, as may be authorizers by federal, state, and local laws, to give notice to landlords of their intention to €;raw marijuana plants ir. a rental dwelling. 3. The Planning Commission held a public hearing and conducted deliberations on May l2, 20:6. The Planning Commission voted 5-2 to recommernd approval to City Council. Planning Commission Findings: 1. Compliance with SV71'MC 17,80.1150E Approval Criteria a. The proposed city initiated carte taxi amendment is consistent with the applic:,rblct provisions of the Comprehensive Plan. tr indtns(s)t LUP-1.1t : Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement (tithe City's land w e .uggulirtions and joint planning. LTU -1.2: Protect residential areas frons impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. Land Csc Gaal LUP-10.2: Encourage a diverse array of industries to locate iin Spa atse walls}'. .toner is Cana1 EDO-7: 7: Maintain a regulatory environment that offers tlexihi lite, consistency, predictability and clear direction. Economic Policy EDP -7.1: Evaluate, monitor and improve level opiiser.t standar] . to promote compatibility between adjacent land uses; and update permitting proCcsses to CCSUre :1 -at ti:Cy are equitable, cost-effective, and expeditious, Economic Policy EDP -7.2: Review development regaldt'ors periods al]} to Ln 4ire cl:lrit'r, ccrisistc:ncy and predictability. Hann inc Commission Find ingsand Recornmen dations CTA -2.0 1 -DO P.11 •1 :.r Neighborhood Policy NP 2.1: liriaint; in and protect the character of existing and future residential neighborhoods through the develop:nem3t and enforcement cf the City's Innd rise regulations and joint planning. h. The proposed City -initiated amendment hears a substantial relation to public health, safety, welfare, and protection of the environment. Cinding(s): The proposed amendment will allow compliance with state law and allow existing state - licensed recreational and medical marijuana businesses to continue to operate within the Spokane Valley while separating such uses from identified sensitive uses and the City's existing and Future residential uses. Further Ilio amendment will limit additional adverse impacts from new marijuana uses on other existing commercial uses. Finally, the proposed amendment will protect die residential character of residential neighborhoods. 2. Cuticlusion(s): a. The proposed text amendment is consistent with iii 'r,-:-' ; ,:ci ii:: d Comprclicnsk.c Pan and the approval criteria contained in SVMC l 7.S[). l Ib_ Tit The Growth Management. Act stipulates tl;:t the '.ret �I I:ti°rz i�c rani'. Aso ltl2n 3:.d ::c :IOpmenC re ulatioirs shall be subject to continuin,i .iivi Recommend The Spokane Valley Plan -tint. Commission aiL...;rr t y4 ,rj^r .:cl 2ily- initla[L'cd conic text amendments to chapter 19.8.:1 ' 'i':If.. i int ' 9,i'+1t1�1 tilt. AI 7e:Iaix A. Approved t itis 25th day of May, 201 G FLeather Graham, Cbainean Deanna Horton, Planing Commission Secretary Planning Commission Findings and Rena mnierdationsLTA-2016-AO01 fuze ofl Chair Graham called pledge of allegiance. staff were present: Kevin Anderson Heather Graham James Johnson Tim Kelley Mike Phillips Suzanne Stathos Joe Stcy Minutes Spokane Valley Planning Commission Council Chambers — City Hall, May 26 2016 the meeting to order at 6;03 p.m. Commissioners, staff and audience stood for the Administrative Assistant Deanna Horton took roll and the following members and Jahn Holman, Community & Economic Development Director Erik Lamb, Deputy City Attorney Gabe Gal linger, Development Services Manager Mike Basinger, Economic Development Coordinator Henry Allen, Development Services Engineer Adarn Jackson, Development Services Asst. Engineer Chat Bates, Economic Development Specialist Deanna Horton, Secretary of the Cornniis,.ion Cotrtutissionrer Stay moved to accept the May 26, 2016 agenda as presented_ ale was seven irr favor, zero against cold the motion passed. Commissioner 5toyr uroved to approve tire May 12, 2016 minutes as presented TIJ, twice isua .)e i•err in favor, zero against and the notion passed. COMMJSSION REPORTS: The Commissioners had no report. ADMINISTRATIVE REPORT: Community & Economic Development Directcr John Hohman said he wanted to clarify what he had said the night of the May 3, 2016 joint City Council/Planning Commission meeting. Mr. Holtman handed out a transcript of what he said at that meeting, "I would like to remind the City Council, we have actively been working on the Corarprehensive Plan. This is the 126' visit we have had since the begiiming of the year_ If you remember errrber• We have had the retail improvement study, st•e talked abut fottrisrn. we talked about water districts, we have talked (tore/ number t+f things. The Planning Commission has beer: a bit &ehi!td fir Haat regard, (m receiving rhe presentations regarding completed studies) but we do intend to bring all of those presentations forward (to thelia). Bert the Plararring Con mraissIIan had some very important legislation that they were working on in relation to taaarrfurnna uses, so they have been preoccupiedfar the fast several months on that. But once that has (movedfari.rar•d, next Tue.sdtay alight you will have a presentation an the retail improvement, their the water districts �widl folloiv. So anything that we have had with council, the Planning CtImmissiorr will receive as nelf. It will be just a little bit offset, but l think we con catch up pretty quickly here." Mr. Hallman said the words in parentheses had been added for clarifcativn. Be said staff have been working an Comprehensive Plan, taking presentations to City Council, but have not Itad the same presentations made to the Planning Commission. Staff will be bringing those forward so that the Commission has the same information as the Council does. Mr. Hohman said the staff and Planning Commission are a team, they provide support to each other, and he would never disparage the work the Ccmrnis$ionwas doing. if ever in the rutins anyone Itas a question about something he has said, or any other staff member has said, please free to call him at any time and talk to him. He said this evening's meeting is more ageing back to basics to understand the Comprehensive Plan and where it came from, what is in it and where it is going, because when it starts to conte before the Commission it will be a neo document instead of a redlined version of the old Comprehensive Plan. Commissioner Graham later thanked Mr. Hahman for addressing the concerns expressed at the previous meeting. She said she did not understand why the Comprehensive Plan had been moving along but then had stopped. She appreciated the information and understanding where the Comprehensive Plan was now. Mr. Hohman said again, if any of the Commissioners have a question about anything which is going on, they should not hesitate to contact him and talk to him. PUBLIC COMMENT: There were no public comments. 05-26-16 Planning Commission Iwlinuics Page 2 of5 COIVIMISSION BUSINESS: A. Planning Commission Findings for CTA -2016-0001 - Proposed -amendments to Spokane Valley Municipal Code (SV1VMC)19.85 Marijuana Uses, 19.120.050 Permitted Use Matrix and Appendix A Definitions Deputy City Attorney Erik Lamb explained the background leading up to the recommendation which the Planning Commission is forwarding to the City Council. The Planning Commission worked for several months on this subject to develop the proposal. A public hearing was held April 14, 2016 and the Commission informally agreed to modify the original proposal. On May 12, 2416 a new public hearing was held which produced the current recommendation.. Commissioner Stoy moved to approve the PlanningCeinrnission findings of fact, The vote on this motion was six in favor, one againstwith Commissioner Kelley dissenting. B. Study Session: Comprehensive Plan — Compre1rensive Planning Mr, Holman explained he was going to talk about the basics, talk about the cun-ent plan, and where the plan is are going_ Through tiie work the Economic Development division Inas been working on, including the retail improvement plan, the tourism study, and the marketing plan, the topic of land use continued to cone to the top. After speaking to several focus groups, we have reinforced what we already knew, office zones aren't working, Medium Density Residential isn't working, and this is crossing over to the City's ecotrornic development. The new Plan wiIl be a wholesale rewrite in a completely different format from the old one. It will be more user friendly, with more basic language, but people will not be able to compare the old and new side by side. Economic Development Coordinator Mike Basinger explained to the Commissioners how the City's first Comprehensive Pian was developed, the background, the Growth Management Act (GMA) requirements, Comprehensive Plan basics and what is currently in the City's plan and why it must be updated. Mr_ Basinger clarified there would be many €rpportrmities for the public to comment on the new Plan. Commissioner Johnson asked why the City CotineiI was asking, to have the Plan completed before the end of the year, as this only allows for foyer months to review, take public comment and forward a recommendation to the Council. Mr. Hohman explained the Council hard actually asked to have it done before the end of 2015. However in the middle of last year the work eame to a stop because the City was waiting for a population allocation for growth from Spokane County. This number is generated by the Spokane County Commissioners. In 2013 the Board of County Commissioners (BoCC) issued a number, however the methodology they used came into question. In May or June of 2415 the BoCC lost their challenge regarding their methodology. Froin June to October 2015 an effort was made to generate a new number. In early November 2015 the Planning Technical Advisory Committee (PTAC) worked with Department of Commerce to come tip with a good number. The PTAC presented it to the Steering Committee of Elected Officials (SCEO), which all BoCC Commiseiorrers are members. The SCEO voted to recommend the number from the PTAC. The BoCC feelsthis number does not allow for enough projected growth, and the BoCC has not approved a number. After speaking to the Department of Commerce, to our attorneys, to special council the City decided to rrrove forward with the number which was approved by the SCEO. We feel this number would be defensible. Commissioner Johnson asked what number the BoCC eras sugoesting. Mr. Holtman said it was the Office of financial Arfanagement medium population plus 12 percent. The County is still in discussions regarding this number. Mr. Basinger explained the Comprehensive Plan basics. The GMA requires certain elements and a land use map. The included elements must be consistent with the land use map. GMA requires a public participation process, and they look for that process. The City will turn to the document to guide where development should go, it is a tool to support grants. ]f the City has certain language in its Plan which will support certain elements and projects types this, in turn will support this as a framework for capital improvements, including Public Works Transportation improvement Plan, which would support certain grants, among others. Grants far street improvements are hew we get our share of the gasoline taxes back, for example. Q$.2$ -le Planning Commission Minute- Page 3 ors The required elements are: • Land Use — Where the projected population would be accomrrrodateci, land use designations, potential annexation areas, historic and cultural resources. The land use element is supplemented land use trap. Commissioner Graham asked where tura poreneia1 annexation areas would be considered raid Jraw would it be handled, MT. Basinger offered they would most likely be to the north or south of the City since east and west are impacted by other jurisdictions. The State does have a defined process for annexation. It would need to be incorporated into the Comprehensive Plan and then development regulations would need to be written for how it would be handled, Coii rYlissioner .412 erso. asked about the meed for annexation. Mr. Basinger said over time there will be a need for space to provide for future development, it also gives the City more e'er trul over the development. Commercial areas pay for themselves. Mr, Hohman offered the legal team is currently working on a presentation regarding annexation, which stafwill bring to the Commission after it is presented to the Council. • Transportation - Provide for the movement of people and goods, classification of streets and concurrency_ The classification determines our level of federal funding. The rnodes of transportation which are planned for are important. There are concems with some rail traffic, which drives the Bridging the Valley requests but then for economic development it is important to get a rail spur to bring in manufacturing. We must plan for transit and we are working with Spokane Transit Authority (STA) so that the timing of routes is better, and to provide shelters along Sprague. We must provide choices for people to commute, car, bike, walk, bus, however people want to get around. Capital Facilities — Public facilities and services to support future growth. Since the City does not own any of its own facilities, water, sewer, fire, we contract for these services, we make sure the other provider's goals are lining up with ours. The City has level ofservice standards for each of these providers and we review each of these standards and their plans to make sure these levels of standards are able to accommodate our citizens and the projected growth. • Housing, — Planning for housing to accommodate different demographic and socio- economic groups. Encourage housing near services, provide a variety of housing options, and provide techniques to ensure efficient use of land. Commissioner Stathos questioned the statistics of younger people not wanting a home and yard, feeling more multifamily housing is not good for the area. She said there is not enough available affordable housing the area. Mr. Basinger stated the studies show younger people leave the area but return in later life. The median age in the City is about 40 years old. There was some discussion regarding the economy of home ownership, the supply of housing, the change in mindset of home ownership over Living in inuitiwamily developments, younger people movingavuay after school and returning later to raise families, the housing stook in the Valley being more expensive due to larger lots, and density bonuses for affordable housing, ▪ Lid Iities — Knowing the location of existing utilities, working with the City's providers to have as much data as possible. Working with the electrical and gas providers to have as much inforniation as they are willing to share with the City. The water and sewer are maintained iri the Capital Facilities chapter. Economic Development —The City realizes this chapter was weak and in the new Plan will be developed to support many of the new strategic platforms the City will embark on, This will drive all of the new marketing, branding, and economic development strategies which the City is currently developing. • Natural Environment — Many of the plans the City has already put so much work into and developed will be referenced, smell as the Shoreline Master ?Ian, Parks Master Plan, and the same consultant who helped develop the Shoreline plan is helping to work on this chapter. • The Neighborhood chapter will be incorporated into the land use chapter. The City has not been in a positon to be able to assist in developing subarea planning for the neighborhoods. There needs to be some careful consideration before any more planning can he done in these areas. QS-2G-16 Planning Comrnisston Minutes page 4 ci S • Bike and Pedestrian Plan —TJiis is a great plan with some great ideas. The City Nrrs rho first to provide buffered bike lanes, people want to use thein, this plan has enabled the City to go after wants and enabled people to look at the City differently, but this plan belongs in the transportation element. Next generation Comprehensive Plan (Comp Plan) will be unique to the City, offer flexibility, be understandable, action oriented, it will drive the City work program, focused on analytics, drive economic development. It will be a streamlined document, and will not loot: like the old Comp Plan at all, After the Comp Plan has been approved, staff will be reviewing the development regulations to make sure they support the Comp Plan. Some of the thoughts moving forward regarding the Comp Plan are to consolidate some of the zoning districts: Cfftce/Garden Office/Commu.nity Commercial into Mixed Use, combine Medium Density Residential with High Density Residential, combine R-2/R-3/R-4 and consider a 5,000 square foot lot minimum, combine Light and Heavy Industrial zones. When the Commissioners asked the rationale behind reducing the minimum lot size in the residential areas, Mr. Basinger responded that Spokane County is developing at 5,000 square foot lots right outside of the City borders. This would be consistent with development in the area, the stakeholders have said that anything larger does not make it "pencil out." Mr. Basinger said in a development it difficult to tell the difference between 5,000, 6,000 or a 7,500 square foot lot, hut to someone who is trying to make some money it could mean one or two nacre lots. Many of the rezones the City Lias processed have been changing from R-2 to R-3 or R-4, mostly R-4. If the property is adjacent to the R-4 zone, the Hearing Examiner has to allow it based on the current regulations.. Commissioner Stoy commented 5,030 was a standard city lot size. Some of the other Commissioners had comments regarding the lot size, saying the Valley is known for `larger lots," were we going to go through and take the Homes off a 10,000 square foot lot and turn it into two lots? Mr. Basinger said, the reality is the larger lots are not going to get rezoned; the majority is already zoned for 10,000 and this will not change, this was designed more for infill lots. C. Study Session: Water Districts Discussion Development Engineer Henry Allen explained to the Commission that for the Comp Plan update the question arose as to what are all of our water districts doing, how important our water resources and water quality and quantity are to the City_ Do the water purveyors have the ability to keep adding development and capacity, so the City decided to look into this information, Development Engineer Adam Jackson stated that there are 16 water districts which serve the City. Eight of them are contained within the City, while the boundaries of the others reach outside the City limits. Three only serve a particular area and cannot be expanded; Kaiser, Pinecroft Mobile Horne Park and Holiday Mobile Horne Park. Mr. Jackson provided the statistics for each water district for their service population, annual water rights capacity, residential ]and capacity and water service area. One of the water districts seems to be at their capacity and others have plenty of capacity. It is impotent this information is in the Comp Plan, but staff is still working to determine what level of detail will be placed in the plan. Although this is a planning issue which we can't control we do need to know what is out there and what the City's limits are, if there are any. Mr. Hohman added there has been a bill in the state legislature, which did not pass the last session but is expected to pass in the future, to allow the water districts to convert their irrigation rights into municipal rights. There will have to be a study to determine Iiow much water is available, and where it is corning from but it must be adjudicated with Idaho. This is a touchy subject and a much discussed topic between the water districts and the Department of Ecology_ Mr_ Lamb explained ane of the reasons for collecting this information is a requirement for development concurrency and without it, development can't move forwvard. It was an issue for the City to know what the different water districts are doing, 05-26-16 Planning CommissE n Minutes Page Sas GOOD OF THE ORDER; Mr. Hohmun shared the ground breaking for City Hall would be Thursday Jure 51, 2016 at the site of the new City Flail, located at the corner of Sprague and Dartmouth. ADJOURNMENT: Commissioner Kelley moved to adjourn the meeting at 5:16 p.m. The vote on the motion was unanimous in favor, motion passed. ("I ale Chair Heather Graham Date signed EilYkrino Secretary Deanna Horton Spokane County Sheriff's Office Regional Intelligence Group 9 8.0 Selected Incodenta Withi.n 112 MIlc of Canna Hous@ (9615 E Sprague) Opened C7/01/2015 Jul 1.201.4- 0c~20,20114 Al 1.2015- 0dc20,2005 pmc21,2014- D0C31,1014 lan1,2018. 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PE RW FROST PROW L RAPE RECO RLIS R:[3C SLxC 11 SHOOT 5 HO Pl STAB STALK STP ROE' SU CA, SUSCFEE SIJSPEEI 3LJS4LH THEFT THRLAT ?RESP fGHPRC V.HTFT WARRNT Tw+ul Oct 1.20:3 - Sen 30, 2014 Oct 1. 2014 • Scp 34, 2025 Oct 1, 29:3 - Tatal Dec IC, 2015 1 $ 2 1.1 :1 .9 3 3$ 1 0 1 2 $' 7 11 15 0 0 2I T 1 12 3 2 L 6 3U0 350 75 725 4 0 10 1 2 1 2 6 0 1$ Ld 441 01 0 i 16 11 SS 58 58 j 6122 63 121. 49 223 59 15$ 20 264 65 47 6 L1$ 11 9 1 21 6 10 3 19 13 27 el d 46 535 i39 1.345 9 5 4 18 11 7 a 18 17 7 5 39 19 9 SE3 14 14 3 31 1,53 2,15E 449 4.570 Pure 2 612 hport Crea:ad: 17111/:111 Spokane County 5heriff'S Office Regional Intelligence Group 9 mow almiremembeek CAI) Serected Incidents Within 1/2 Mlle ofTreehau se 44421 E Tr 00 °paned 12/01/2014 9114 AIMC ALMA ARCU ASLT BUOG0 BURG:9 CC CAKEV ')I50PD LOA RJGS ]UI DV3PV 6VW FIGHT FRAUD cec1,EU13• IN or 30. 2014 0ec1,2014• 'I o++ 34, 2015 Dec 1,2015- Dec 20, 201S Tetal 61 75 3 L11 3 U 9 1 0 4 1 26 LZ 1 38 9 L(1 3 22 4 6 1 11 1 0 DI t 0 6 9 16 33 24 1 5a 1 2 d 3 5 2 0 13 1 2 , 3 7 6 C1 15 11 6 0 1.7 16 9 4 25 46 33 1 3C 5 9 0 LA 7 6 0 1 3 Z 0 e 0 0 5 HAR4$5 4 MALM5 14 PE MAO 5 PERBOT 1,3 PERF 1 Pact 7of7 Repan Crered: 12/2.1/ C15 Oe: 1, 2013 - NW, 20, 2114 Dec 1., 2314 - Nov 34, 2015 On 1.2015 - Trotz1 0e4 IA 2015 PEW 5 3 a 8 PROWL 2 0 0. 2 RAPE 0 1 0 L RE.NDR 27 35 5 69 RQRC 0 1 1 2 SEKC10 3 0 0 3 SHOOT S 1 0 6 SKIM 3 1 0 F 5TA@ 0 1 0 1 STACK ,1 1 0 1 STISROP 2 z 0 4 SLA CA 10 3 4 33 5USCI R 31 23 3 57 SUS P` R 41 33 1 75 SUSVEH 24 10 2 5E THEFT 31 I 22 2 SE TW1£AT 7 3 1n TRBI) 3 4 2 e TM SP 14 2 L, 1€ TS 1ES 211 4 3A1 u4UFST A 2 0 5 WEN PRL7 3 2 0 r^ VEHkEEG 4 4 4 8 VEHTFr 5 7 0 12 WARM T 10 T 1 1.8 Tram 670 655 33 1,368 Pact 7of7 Repan Crered: 12/2.1/ C15 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval: n Check all that apply: nconsent n old business ® new business n public hearing n information n admin. Report n pending legislation n executive session AGENDA ITEM TITLE: Motion Consideration: To Determine Interviews for Vacant Council position 7. GOVERNING LEGISLATION: RCW 42.12.070 BACKGROUND: Councilmember Bill Bates (position #7) resigned his position effective beginning June 15, 2016. Councilmember Pro Tem Bill Gothmann's temporary appointment also ended June 15, 2016. Pursuant to RCW 42.12.070: "Filling nonpartisan vacancies: (1) Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.... (4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified person to fill the vacancy." The date to meet the 90 day deadline is September 14, 2016. Once Council makes the appointment, the newly appointed Councilmember's term would begin immediately and end once the November 2017 general election results are certified, which is generally about seven to ten days after the election. Per Council's Governance Manual, the Procedure for Filling a Council Vacancy, states in part: d. Hold a regular 6:00 p.m. meeting Per RCW 42.30.110(1)(h), Council shall meet in open session and part of this agenda shall include selection of applicants to interview. Selection shall be by nomination and second. A vote shall be taken and candidates receiving three or more votes shall be interviewed Immediately after this Council meeting or as soon as practicable, the Clerk shall send a list of potential questions to all those to be interviewed. Interviews for this position will be conducted at the July 19, 2016 Council meeting. RECOMMENDED ACTION OR MOTION: For each nomination — "I nominate to be included as a candidate to interview July 19, 2016 for vacant Council position #7." [a second to the nomination is required] Once all nominations have been made and seconded, a motion to close the nominations is appropriate. Council will then vote on each person nominated. Candidates receiving three or more votes will be interviewed. STAFF/COUNCIL CONTACT: Chris Bainbridge, City Clerk ATTACHMENTS: Applications for Council position vacancies. 05_13-l5A 11 : 43 CVD CITY OF SPOKANE VALLEY 11707 L. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (509) 9211.000 APPLICATION FOR CITY COUNCIL MEMBER POSITION #2 or #5 To be considered, you must be a resident of they of Spokane Valley. Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City Council. Completed and signed applications roust be received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday May 13, 2016, date arriving mail will not be accepted). Applications ray be band -delivered or mailed. Faxed or e-mailed applications will not be accepted. Name: Bauder Francis William (Last)(Middle) (first) Complete Home MViailitig Address: 1 1 51 5 E . Boone Ave Spokane Valley WA 99 20 6 Be sure to include City and Zip Code If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at diose residences: Compb to rreviouas ►,ddress Lea tlt of Time at this Address Y N Wilbur T;ed Spokane Valley WA 99206 13 months 20417 N Mt Carlton Rd Plead WA 99021 Tirane Phone; ( ) BusiacssPhone: (5o 252-2324 E-mnii: rrrb i 112 @ao1. cosi 14 years Fax: ( ) Cell: (509 990-x,245 Occupation: (if retired, please indicate former occupation) Letter Carrier Business Address: i 171 2 E Sprague Ave Spokane Valley WA 99206 Educational Background see attachment I. Registered voter to the City of Spokane Valley? Yes [ X ] No [ ] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires a counciimer ber• to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes [ X ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic violation? Yes [ ) No [ X j 21_ if you answered "YES" to #3 above, please explain: 5.. Do you or your spouse or any itayrri 1iato family member (spouse, children, siblings, parents) have a financial inter t in, or are you an cmpicsv . or officer of any b iness or agency which does business with the City of Spokane Valley? YES [ ] NO [ X j if yes, please explain: - Once subnittedl, epplieutious become the property of the City of Spokane Valley and are subj eat to pnblie d los l , 6. Is any member of your immediate family Currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? YES [ ] NO [X] If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? YES [ ] NO[X] If yes, please Main: 8. Please list ycior employment for the past ten years: NAM OF EMPLOYER POSITION HELI] US Postal Service numerous National Assoc. ct Letter Carriers Branch 442 Secretary/Treasurer 01/2000 to present DATES OF EMPLOYMENT 04/1982 to present Staff Pro Event Security WA State Assoc. of Letter Carriers Self employed 06/2015 to present Secretary/Treasurer 03/2013 to 05/2015 Landlord 12/2015 to present 9. Please list the professional affiliations, club, social, or fraternal organizations to which you belong or hold office: The Heritage Foundation, The National Riflr Association T'he National Association of Letter Carriers 10. Please list your special skills and/or interests: see attahrnent I1. Please list your volunteer experience, and include any volunteer or paid positions held on any governmental oatd, committee or commission: rirnrna Justice Avisory Committee Community Colleges of Spokane FROM:2014 TO: 2015 Child Evangelism Fellowship of Spokane FROM: 1998 TO: 10/2014 FROM: TO: FROM: TO: 12. Why are you interested .in serving in this interim position as a Spokane Valley City Cnuncilmerubcr? I am interested in serving as an interim Spokane Valley City Councilmember because 1 believe my education and work experience would make me a valuable addition to the current city council. Once submitted, applications became the Property of the City of Spokane Valley mud Lire sabred to public disclosure. 13. What are the three Highest priorities you believe the City needs to address? How would you propose to address these issues? see attachment 4_ Rave you u'.•t:r- Lucndcd a meeting of the Spokane Valley City Council? YES [ ] NO f Xj If yes, give an eszimate ofk,w many meetings you have attended in the past twelve months: 15_ Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur an Tuesday evenings_ Councilmembers are also expected to represent the City of Spokane Valley by serving on various regional commissions, committees and boards. Are you able to commit your nine and energy to participate fully as a member of the Spokane Valley City Council. yEs [X ] NO [ ] 16. References:. Please hist name, address and phone number: Todd Soliday 11712 E Sprague Ave Spokane Valley 99206 252-2324 2. Denise zabller 1212 N Washington 9104 Spokane 99201 2311-7823 Sharee Eschenbacher 17201 N South Bank Rd 9 Mile Falls 99026 953-3027 (nice . xrhmittecl, applications and related materials become a public record subject to public disclosure, and will atipnt the. Council agenda packet for the lune 21, 2016, City Council meeting. Interviews arc tentatively s':II :Iu[cd for the evening of June 21, 2016. Selected applicants will be notified of the exact date and time of the _illerliCAV once all applications have been received. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur June 28, 2016. No City elected officer shall bold ally other office or employment within the Spokane Valley City government. Signature: Today's Date: nal'1 2 , 201 6 (* Applicants will first be chosen fvr Vacant Position #2, Hallowed by Vacant Position #5) Once submitted, applications become the property cfthe City of S'vkaue Valley and are subject to public disclosure. Attachment Sheet William F. Bauder Educational Background: Masters of Public Administration, University of Colorado bachelors of Science In Criminal Justice, Metropolitan State College Associates of Arts in Police Science, Fullerton Community College Question 10. Please list your special skills and/or interests: While living in Maryland I was a volunteer fireman and attended the University of Maryland Short Course for Fireman. l enlisted in the US Air Force and was a Law Enforcement Specialist for four years. Working for the Postal Service I've attended numerous training including the Administrative Training for Postmasters Course. I am currently the Spokane Valley Station Safety Captain and have been trained to be a First Responder in case of an accident. I am also an On the Job Instructor training new carriers at our station. I've also performed the functions of a Belief Supervisor and Personnel Specialist hiring temporary employees. In January of 2000 I was elected Secretary/Treasurer of National Association of Letter Carriers Branch 442. As their Secretary /Treasurer I manage the office including taking tare of all communications, pay all bills, pay our 15 employees, pay all payroll taxes and all Federal and State taxes, I make all travel arrangements for our employees and create the yearly budget. In March 2013 I was appointed Secretary/1reasurer for the Washington State Association of Letter Carriers. i was reelected in May of 2013. C perf=ormed all the same duties as Secretary/Treasurer of our Branch except with a much larger organization, Twice 1 travelled to the District of Columbia and met with our Senators and Congresswoman to discuss Postal Service issues, I also met with Congresswoman McMorris-Rogers in Spokane. 1 earned my Masters of Public Administration with an emphasis in Human Resources Management from the University of Colorado. I received my Bachelors of Science in Criminal Justice from Metropolitan State College in Denver Colorado and myrAssociates of Arts in Police Science from Fullerton Community College in Fullerton California. Question 13. What are the three highest priorities you believe the city needs to address? Haw would you propose to address these issues? 1 Fiscal Responsibility: We must be fiscally responsible and stay within our means without raising taxes. One way that we could do that is by getting rid of zero based budgeting. Every year each department would have to submit a budget that would not build on the previous year budget but they would have to justify their budget as if it was a new beginning. 2. Police: A decision needs to be made regarding the contracting out of our Police Department with the Sheriff Department. I believe having our own force would and any of our Officers having allegiance to the Sheriff and their loyalty would solely be with our city, I would also like to see our police force put an emphasis on crime prevention instead of enforcement Our Officers should be in narked vehicles instead of unmarked vehicles with an emphasis on preventing violations not citing violators. 3. Trains: Our city is plagued by the sound of train hams and traffic congestion caused by train crossings of major roads. I believe we need to work on making our major arterials free of train crossings by making underpasses where possikple and relocating the Union Pacific Line. Also we need to work with the Department of Transportation to make more train crossings silent like the crossing of Che Burlington Northern tracks at University Road. Attachment Sheet William F. Bauder Educational Background; Masters of Public Administration, University of Colorado Bachelors of Science in Criminal Justice, Metropolitan State College Associates of Arts in Police Science, Fullerton Community College Question 10. Please list your special skills and/or interests: While living in Maryland I was a volunteer fireman and attended the University of Maryland Short Course for Fireman, 1 enlisted in the USAir Force and was a Law Enforcement Specialist for four years. I have worked at the Spokane Valley Post Office for 33 years. Working for the Postal Service I've attended numerous training including the Administrative Training for Postmasters Course. I am currently the Spokane Valley Station Safety Captain and Dave been trained to be a First Responder in case of an accident. I am also an On the Job Instructor training new carriers at our station. I've also performed the functions of a Relief Supervisor and Personnel Specialist hiring temporary ernpioyees. In January of 2000 1 was elected Secretary/Treasurer of National Association of Letter Carriers Branch 442. As their Secretary /Treasurer I manage the office including taking care of all communications, pay all bilis, pay our 15 employees, pay all payroll taxes and all Federal and State taxes, I make all travel arrangements for our employees and create the yearly budget. In March 2013 I was appointed Secretary/Treasurer for the Washington State Association of Letter Carriers. I was reelected in May of 2013. I performed all the same duties as Secretary/Treasurer of our Branch except with a much larger organization. Twice I travelled to the District of Columbia and met with our Senators and Congresswoman to discuss Postal Service issues. I also met with Congresswoman tv+lcMorris-Rogers in Spokane. 1 earned my Masters of Public Administration with an emphasis in Human Resources Managementfr❑m the University of Colorado. I received my Bachelors of Science in Criminal Justice from Metropolitan State College in Denver Colorado and my Associates of Arts in Police Science from Fullerton Community College in Fullerton California. Question 13. What are the three highest priorities you believe the city needs to address? How would you propose to address these issues? 1. Fiscal Responsibility: We must be fiscally responsible and stay within our means without raising taxes. One way that we could do that is by getting rid of zero based budgeting. Every year each department would have to submit a budget that would not build on the previous year budget but they would have to justify their budget as if it was a new beginning. 2. Police: I would like to see our police force put an emphasis o, crime prevention instead of enforcement Our Officers should be in marked vehicles instead of unmarked vehicles with an emphasis an preventing violations not citing violators, 3, Trains: Our city is plagued by the sound of train horns and traffic congestion caused by train crossings of major roads. I believe we need to work on making our major arterials free of train crossings by making underpasses where possible and relocating the Union Pacific Line. Also we need to work with the Department of Transportation to make more train crossings silent like the crossing of the Burlington Northern tracks at University Road, pole Valley CITY OF SPOKANE VALLEY 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (509) 921-1000 APPLICATION FOR CITY COUNCILMEMBER POSITION # 7 Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City Council. To be considered, applications most be completed, signed, and received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday, July 1, 2016, (late arriving mail will not be accepted). Applications may be hand -delivered or mailed. Name', first) (Last) (Middle) Complete Home Mailing Address: f, If you have lived at your current address less than one year, please list your previous address s and state how long you lived at those residences: Complete Previous Address SAr.+F .kc Atjevt Horne Phone: (. r 9. '-- J 7 itet Business Phone: ( ) Email: ..• I l .k� Length of Time at this Address 4 EO: 1 ) ._.._... 44, C'c C L (5-;:,;) Occupation: (if retired, please indicate former occupation)�',f Business Address: Educational Background: 44 1. Registered voter in the City of Spokane Valley? res[ XJ No[ ] 2. Have you contirroously resided within the city limits of the City of Spokane Valley for a year or more? (State law requires, a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a regi. tered voter at the time of application.) Yes (X] No [ ] 3. Hue you ever been convicted for anything other than a minor traffic violation? Yes [ 1 No [ X 1 4, If you answered "YES" to #3 above, please explain: 5. Do you or your spouse or any immediate family member (spouse, el klren, siblings, parents) have a financial interest in, or are you vitt employee or officer of any business or agency which does business with the City of Slau uic Vailey'' 't ES [ 1 NO l J if yes, please explain: 6. is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? YES [ 1 NO] 1l' yes, please explain: Pk 67 0.1 7. Would your appointment crcatc a c.o n:11,ct of interest or an appearance of a conflict YES [ ] NOXI If yes, please explain: 8. Please list your employment for the past tcr9 yew,: : NAME OF EMPLOYEi�p 1°(D i 11x tN HELD DFS I S 01. E l' 1:4}' 'MEN ' 1 1 Aiz .f T /.#i+':,c.f y.�_'I'reef 6/i' - . / r fxser .._..-- 9'91— , 3 e.V ... 9. Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong or hold office: 10. Please list your special skills andfor interests: f fd ififog iWAt5_, 11, Please list your volunteer experience, and include Ivy S.Tnluntccr or paid positions held on any .ovLrnmental board, cc'mniittm or commission: 1.4 Imo}^ I,K( .'tid. .% ft): Je!), 7 ._._... Zezi I"fc.4r\: , TO: zi 1?RQM_ TO: FROM: TO: 12. Why are you interested in serving iI I ,.hi. in' crim position as a Spokane Valley City Councilmeanber? } Ik _ Y 4401Iy 2,4;11 /'G ' ' 1 -42 I ,. '0,11.01 '.c:ievc the City needs to address? How would you propose to address l;tt i.L.c`i Thr`%"i` �I,i i t .4 fa,�� `�"''y l'%i _ s✓ ireape?''.4A'.I 14, 6-i: L' a you ever attend a meeting of the Spokane \ illey City Council? YES Da NO [ ] 1f y,,,,, 'dive an estimate dhow many meetings you have attended in the past year: 15 Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings. which generally occur on Tuesday evenings. Councilrnembers are also expected to represent the City of Spokane Valley by serving on various regional commissions, committees and boards. Are you able to commit your time and energy to participate fully as a member of the Spokane Valley City Council. YES L.Ne4 NO [ ] 16. References: Please list name, address and phone number: ri �' fa_r—v"c 1. Once submitted, applications and related materials become a public record subject to public disclosure, and will appear in the Council agenda packet for the July 19, 2016 City Council meeting. Interviews are tentatively scheduled for the evening ofiuly 19. Selected applicants will be notified of the exact date and time of the interview once all applications have been received and interviews determined by Council. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur July 26, 2016. No City elected officer shall held any other office or employment within the Spokane Valley City government. 1 certify under penalty of perjury under the laws of the State of Washington, that the foregoing is true and correct. f4r.t_J DATE *Tame 05-30-76PO4 :03 CVD l'9' pl'iPOI(AL:'V&LLEY I 1 lit.+ 11. S1 '.'t.:u :'k 4'Ci.1I14CC,`SU�Iy1L 106 .spo:Jaiti: 5,' il. �e:V'' YY�: �fcl�'iJ6 (_5(19) !)21-1()00 APPLICATION FOR CITY COUNCIL MEMBER POSITION # 7 Thank you for your interest hi serving the Spokane Valley community as a member of the Spokane Valley City Council. To be considered, applications must be completed, signed, and received at the City Clerk's office, 11767 E. Sprague Avenue, Smite 106, no later than 4:00 p.m. Friday, July 1, 2016, (late arriving mail will not be accepted). Applications may be hand -delivered or mailed. N;1nie: 3 riffith Curtis Howard '1_.:1st;1 (Middle) (First) Home Mailing Address: 920 S Collins Rd, Spokane Valley, WA 99210 f y()LI have lived at your current address less than one year, please list your previous addresses and state how Coag 7I 1 I ived at those residences: (:„replete Previous Address nta }lame Phone: (509) 710-7291 Business Phone: (509) 3594802 l -mail: houvardgriffith©yahoc.com Length of Time at this Address nla Fax: ( ) Cell: ( ) Occupation: (if retired, please indicate former occupation) Information Technology Specialist Business Address: Eastern Washington University, 815 F St, Cheney, WA 99004 Educational Background: Vocational Certificate in Computer Engineering Technology 1. Registered voter in the City of Spokane Valley? Yes [ X 1 No [ 2. crinr it rl;7us1,j, resided within the city limits of the City of SpoLoi,e Valley dor a year or more? (State law requires a L:,: [Ill l:.'i]IIiL:II`.C1er to be a resident of Spokane Valley for at ]c,i ;i ..ricer to appointment, and to be a registered vot:.�r r:t ib.. (llritof application.) Yes [ X i No [ 1 1 i:l' 'I 7t' Il L',tiri victti'd for anything other than 111171.er Ir'rf c '.•• lii1;1tion? Yes [ ] No [ X ] �. 1.f_wu4 above, please explain: n!a 5. Do you or rots spouse or any immediate family T.:ember (spouse. `Ili]dren, siblings, parents) have a financial interest in, or are S',,u an employee or offi,:cr :,f' I I ' 11]1 ir:t:ss ;r: l 'YnC:. which cfcL.s business w.th the City of Spokane Valley'? [ 1 NO [ X 1 If yi s, 6. Is any member of your immediate family currently ra: l?'4:t•;' i o itllt.r Pili] time or part time, by the City of Spokane Valley, or currently perform any volunteer viol k I+•r tlK' ley? YES [ ] NO r ij If yes, please explain: n/a 7. Would your appointment create a conflict of interest afr an appearance of a conflict of interest? YES L ] NO[ if yes, please explain: nfa S. Please list your employment for the past ten years: NAME OF EMPLOYER POSITION HELD DATES OF EMPLOYMENT Eastern Washington University Information Technology Specialist 412008 - Present Computer Business Solutions Apple Service Technician 212006 - 4/2008 9. t'Ivc:. list the professional affiliations, clubs, social, or fraternal organizations to which you belong or hold Member of the Combat Vet Riders motorcycle group. Ride Captain for the Washington State Patriot Guard 10. Please list your special skills and/or interests:Computer technician, customer salVic,". childrens issues, budgeting and fund raising, traffic and public safety, ni: pcnz;ible gun owner sl hunting and outdoorsmanship 11 Please list your volunteer expedience, and inclnuae 'my 5:•nlr'niA•v- , r Niel l,n;itinnS held on any governmental hoard, committee or commission: Washington State Foster Parent University High School Boosters Vice President Executive Board Member, WFSE Union Local 931 Boy Scouts of America- Cub Scout Den Leader Pack 439 1.RONL 7120D9 1.0: Present yRoivi 7.'2O15 TO: Present FROM: 6/2015 TO: 6/2010 FROM: 8/2015 TO: Present 12. Why are you interested in scr.°iii ' in this interim position as a Spokane Walley City Councilmeinbcr? As a resident of the City of Scokalo Valley for the last 10 years I have watched the city grow and prosper .1 I:ive watched as we have made. improvements in some places and failed to improve in others. As taken/ .Irr opportunity to volunteer in various roles as isteed above in ritiy applic• dhori, I have Lys2ing, ari advocate tor a cause or stepping up to be a leader when there is a great need can be a very rewarding experierIcr�_ I bc'itivsen/incl The citizens of the city as a member of the City Council will be another rewarding experiencry, and look fnrw rn i' 110Vir1q that opportunity 13.. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? 1) Public Safety and Infrastructure 2) Affordable Housing and our Public Schools 3) Encouraging Business Growth (1) Finish the job of creating a Spokane Valley Police Department. The work that has been done through the contract with The Spokane County Sheriff has been great but as our city .irows we need to be able to make change., tc, our Police Department without having to renegof;etc 4. Control, We need to consider new public safety projects like pedestrian crossing changes on f inr?s and updating UT:- f<7ti:il u. like the Mission Prk Pool. 2) We need to increase the amount of housing in ow city by vicrking with developers to build new multi -family and low cost homes so people that work here can live here afoit'lt e l,_ w{1•r: r,dso need to {r::}rk ,+ill` of school districts to make sure they can gre.o., tr ()Ur City prows Ina mare timely alarm er. (3) We need to find new ways to rnakr Spokane Valley a place businesses want to come to. 14. 1111vw' you ever a Ilei irltxf Spoke Valley City Council? YES [ Xj NO [ ] c: ' 13�tiniu k• c.4.1* w 1i1,1Ir\ nor:c1H1 ''t a have attended in the past year: 2-3 in person/8-10 online E • Appointment to the City Colrncil will rti+q lire your attendance at numerous regularly scheduled and special r �c�tin 4 s. Iii [7 � nera]ly mutt 1.11 '1"L!_`.1.,,HT evenings. Councilmembers are also expected to repre,sent the City of S1{. kt_uer V 111:2. r'y serving en van r: rw;_i<;:-a1 eon -missions, committees and boards. Are you able to commit your tier ;, a;��i Wri�r�ey r F ptrticipatc :"r,i Iy r; ,1 nMtniberr of the Spokane Valley City Council. YES [ X] NO [ ] 6_ Re erences: Please list name, address and phone number: 1. Miss -Felten 921 S Coflirls Rt[, Spokane Valley, WA 99216 (50)926.6559 2. J.[7. Sh:rrcw 310 N McDonald Ind, Spokane Valley, WA 99216 (509)953-5706 3, Andrew Swendig 6921 N Crestline, Spokane, WA 99217 (509)315-6659 Once submitted, applications and related materials become a public record subject to public disclosure, and will appear in the Council agenda packet for the July 19, 2016 City Council meeting. Interviews are tentatively scheduled for the •cA'ening ofJuly 19. Selected applicants will be notified ofthe exact date and time of the interview once all applications blue been received and interviews determined by Council. Final action appointing a candidate to elective office will Lake pace in the open public meeting, which is anticipated to occur 26, 2016. No City elected off -Jeer shall I7o[d my other office or employment within the Spokane Valley City government I cerl ii ndcr penalty of perjury -Under the laws of the State of Washington, that the foregoing is true and correct. • June 30, 2016 SICi\:;-�T4,kI_:`, ;; DATE 40000Valley- 05-O3 16PO4:12 rcv1 r' d M.' S- K A N E VALLEY l 7i)7 1_. .4prf'�iI : - vcnne, Suite 106 Spokane Vall-y, WA 99206 (509) 921-1000 PLICATION FOR CITY COTTNCIL MEMBER R POSITTON #2 or #5 To be considered, you must he a resident of the City of Spokane Valley. Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City Council. Completed and signed applications must be received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 .m. Friday May 13, 2016, (late arriving mail will not be accepted). Applications may be hand -delivered or mailed. Faxed or e-mailed applications will not be accepted.. Marne: f � Elizabeth Tflersa (Last) (Middle) (First) Complete Home llrlaplistg Address: 920S Collins Rd.. Spokane Valley, WA 99216 Be sure to include City and Zip Code if you have lived at your current address less than one year, please list your previous addresses and stale how long you lived at those residences: Complete Previous Address Home Phone: ( 509) 954-1905 Business Phone: (509 7P6 -8,376 E-mail: tes1,71)Gii yaboo_corn Length of Time at this Address Fax: ( ) Cell:( ) Occupation: (if retired, please indicate former occupation) Housing Counselor Business Address 320 E 2nd Avenue S sokane WA 99202 Educational Background: A.S.! Gen Sci 1. lR.c r, .r..red voter in the City of Spokane Valley? Yes[X] Nor 11 r.e you continuously resided within the city limits of the City of Spokane Valley for a year or mare? (State '.I‘. it quires a councilrnember to be a resident ofSpokan.e Valley for at least a year prior to appointment, and to be c► E ;i;te red voter at the time of application.) Yes [ X ] No [ ] 3. Have you ever been convicted of anything other than a minor traffic violation? Yes [ ] No [ X ] 4.1f you answered `S" to #3 above, please explain: . 5_ Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? YES [ ] NO [ X ] If yes, please explain: Once sulrrnitted, applications become the property &Fthe subject to public disclosure. 6. Is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer work. for the City of Spokane Valley? YES [ ] NCS [X] If yes, please explain: 7. Would yOur appointment create a conflict of interest or au appearance of a conflict of interest? YES [ ] NO[ X] if ve,s, please explain: N. ['lease list your employment for the past ten years: NAME OF EMPLOYER POSITION HT1 . The Arc of Spokane Housing_Counselc r Horne Mom Molina Healthcare Supervisor, Provider Services DATES OF EMPLO7t"TIENT 11/2013 -current 2008-2013 2005.2000 Q Phase list the prorassional affiliations, clubs, social, or fraternal orgarri.%atinns to Which you belong or hold office: Combat Vet Riders Motorcycle Club 2013 -present 10. Please list your special skills anchor interests: 1 have lots of experienr a in tEic Fair hcusi world and the mortgage lending field. We have kids in the Central Valley Salam District and 1 aro very [nvaived in their schecl activities. 11. Please list your volunteer experience, and include any volunt r or paid positions held on any governmental board, coniixniltee or commisslc�n: University High School Boosters FROM: 2Q13 TO: present NVV Fair Housing Alliance, Board Member Spokane Low Income Housing Consortium Washington Home Ownership Resource Center FROM: 2014 TO: prresent FROM: 2013 TO: present FROM: 2014 To: present 12, qty are you interested in serving in this interim position as a Spokane Valley City Counciltmember? I am very interested in what happens in our city. I've seen the amount of growth and expansion the valley has been going through and I'd like to be a part of the decision making process for our future, I feel that being on the council would allow me the opportunity to voice my opinion and make a difference for our citizens. U:rrre s.yi Lriit`r:;rl, iipplicacionF btuo inc. the poepc w+' Of the City of Spokane '.ral'.ey incl are subject to iaubh ri5closuse. 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? The increasing population of our c" needs affordable, safe housing. I would like to see us — partner and encourage more affordable housing developers and non-profit service providers to explore opportunities for multi family and transitional supportive housing, while still promoting stable and supported house ownership. Our kids should be a amain priority and giving them safe passage to school needs to addressed. With lack of school funding; there are less buses to transport children, leaving many of them to walk. The city is missing sidewalks on a majority of paths to and from schools in our area. We need to give them accessible sidewalks for safety. Lastly, our neighborhoods can feel very isolated_ We should do a better job of promoting safety for each other by encouraging block parties and block watches. A liaison in the city to set up town hall meetings, advertise and meet with neighborhoods to discuss their reeds would go a long way in making people feel a better sense of community and responsibility. 14. Have you ever attended a meeting of the Spokane Valley City Council? YES [ X] NC [ ] If yes, give an estimate of how many meetings you have attended in the past twelve months: 3-4 15_ Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur on Tuesday evenings. Couacilmembers are also expected to represent the City of Spokane Valley by serving on various regional commissions, committees and boards. Are you able to commit your time and energy to participate fully as a member of the Spokane Valley City Council. YES [X] NO [ ] 16. References: Please list name, address and phone number: 1. Cristi Zacherle 2829 S Grand Blvd, Spokane 509-456-6903 Polly Powell Missy Tieken 320 E 2nd Avenue, Spokane 509-32$-6326 921 S Collins Rd, Spokane Valley 509-926-6559 Once submitted, applications and related materials become a public record subject to public disciowrr°, LEA.' WE] appear in the Council agenda packet for the June 21, 2016, City Council meeting. Interviews an. r::ni _ti scheduled for the evening of June 21, 2016. Selected applicant will be notified of the exact interview once all applications have been received. Final action appointing a candidate to electivt: c1 offlu.e =1: tall,,! place in the open public meeting, which is anticipated to occur June 28, 2016. No City elected 0}tfk-,2,• ;]„Il hod any other office or mploymenl within the Spokane Valley City government. Signatu e ? L ( Applicants will first bc chosen for Vacant p"os ' . f Today's Date_ d2, followed by Vacant Position #5) Once subniitteci_ applications become the property of the City of Spokane Valley a.idj ii subject to C5-13-190 9:35 RCVD WV OF SPOIAANE VALLEY 117{1.1 H. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (549) 921-1034 APPLICATION FOR CITY COUNCIL MEMBER POSITION #2 or #5 To be considered, you must be a resident of the City of Spokane Valley. -Malik you for your interest in seeing the Spokane Valley community as a member of the Spokane Va3lley City Council. Completed and signed applications must be received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:40 pan, Friday Maar 13, 2016, (tate arriving mail will not be accepted). Applications may be hand -delivered or mailed. Faxed or e-mailed applications will not be accepted. (A. --‘-inti Scan EdvJO,TC1 (Last) piddle (First) Complete Home Mailing Address: 22-06. &a l ur' i %1 okC1JAe \X&Sle1 a it l °19 ZOLp De sure to includeCity and Zip Code If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residen s: Complete Pinus Address jk Home phone: (5 6c. i 0 Li ( Business Phone: ¢01 t--( Lf `C° Length of Time at this Address Fax:( ) Cell: (150 31 14.3 D m$il: cxnk _. .- inu4t eirll.5or1 r oo, ' in Occupation: Occurpation: (if retired, please indicate former occupation) bU,Si ne55 CD (Thu +et f'i'r Busi>:tcss Address: 1 ill E. ��e C11e., 03 S ,.+ ti 6,i1(0 Educational Background:, _ Registered voter in the City of Spokane Valley? Yes ['] No [ ] 2_ Have you eontinuously resided within the city limits of the City of Spokane Valley for a your er more? (State law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment. and to be a rceistered voter at the time of application.) Yes [ No [ 3.Have you ever been convicted of anything other than a minor traffic violation? Yes [ ] No [) 4. if you answered "YES" to 43 above, please explain: 5. Dc' you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City of Spokane Valley? YES [ ] NO IA If yes, please explain: Once submitted, applications become the property claw rhe City c ['Spokane Valley and are subject to public disclosure. 6, is. :any member of your immediate family currently employed, either full time or part time, by the City of Spok iiv Valley, or cunentlp perform any volunteer work For the.' Coity of Spokane Valley? YES [ ] NO VI If'yes, ple...r e pl in: 7. Would your appointment create a conflict of interest cr an appearance of a conflict of interest? YES [ 3 NOIX dyes, please explain: 8. Please list your employment for the past ten years: NAME OF EMPLOYER POSITION FIELD P}u tiser‘ SolLatQns 1-I- . ] -0UJi'te-i— t Wle-to 4' lt'1WeiCsii r SSc)r 2.b06 — 20 V-5- Tnnova* ViJasti Inaktri /SWr t ei & 1,006— 20 l I fhexPat s1 ' 2 arra I nc e. ' Z065r c4 DATES OF EMPLOYMENT 9. Please list the professional Sffilialions, clubs, social, or fraternal organizations to which you belong or hold office:'a� f'.1C' r ti �� i ye ra r+t 6 ea+ \k/006killY(NV/5, Seg.; Ainqe-Vi cc. 10. Please list your special skills and/or interests:_(- 0,,44- '1[i 't`t-4eLi-i 11. Please list your volunteer experience, and include any volunteer or paid positions held on any governmental board, committee or commission: or.okditrc ,3k" FROM: TO: FROM: TO: FROM: TO: FROM: TO: 12. Why $1'e you interested in serving in this interim position as a Spokane Valley City Councilmernber? \.S€ sne. Once submitted, appRications become the property of the City of Spokane 'VaLleti and are subjet to public disclosure, 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? -Pl\-eas.e see oL*tck. 14, Have you ever attended a meeting of the Spokane Valley City Council? YES [ 1 NO )Q Ifyes, give an estimate of how many meetings you have attended in the past twelve months: 15_ Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur en Tuesday evenings. Coun.ilmembers arc a],_: expected to represent the City of Spokane Valley by serving on various regional commissions, committees and begirds. Are you able to commit your time and energy to participate fully as a member of the Spokane Valley City Council. YES J.r `] NO [ 16. References: Please list narne, address and phone number: 1. 4671'tas ChadeS "2-2Z3 VtlA 9°1C.31 TA -3-1 D- 562 2,1)0:vivo—IR �i r� + Lot 4 . S t * i ' VCAA :. V.) A4 9 TICipl S10-3038 3. ti is 1ieli imood,v +r .IS eoV Vie VOM94 cictiLltoi509-921-4$5: Onoe submitted, applications and related materials become a public record subject to public disclosure, and will appear in the Council agenda packet for the June 21, 2016, City Council meeting. Interviews are tentatively scheduled for the evening of June 21, 2016. Selected applicants will be notified of the exact date and time of the interview once all applications have been received. Final action appointing a candidate to elective oke will take place in the open public meeting, which is anticipated to occur June 2$, 2016. No City elected officer shall hold any other office or employment within the Spokane Valley City government. Signature: ' ,. " n Today's Date: /0 _'f (.* Applicants will first he chosen for Vacant Position p2, followed by Vacant Position 05) Once submitted, applications become the prcperty of the City of Spokane le al icy arid_ are subject to public discic re. 11. Volunteer Experiences: Boy Scouts of America (1982 -present) • Cub Scout Leader: Cubrnaster, Webelos Den Leader (1982-1987) • Boy Scout Leader: Scouting Coordinator, Sustaining Membership Coordinator, Assistant Scoutmaster, Scoutmaster, Scout Committee Chair, Merit Badge Counselor, BSA STEM Merit Badge University, District Popcorn Chair, Silver Beaver Recipient, Wood Badge Trained (1982 -present) American Society for Quality (1998 -present) • Northern Virginia Section Education Chair, Certified Quality Manager Instructor, Certified Quality Improvement Associate Instructor (1988-2005) • Spokane Section: Nomination Chair, Internet Liaison, Section Chair, Programs Chir (2006-2016 • Director, Region 6A (Oregon, Utah, Montana, Idaho, Washington, Alaska) (2016) Inland Northwest Woodturners (2007 -present) • Webmaster, Demonstrator, At -large Board member (2011-2016) 12. Why are you interested in serving in this interim position as a Spokane Valley City Council member? When I retired from the US Navy, my wife made a cross-stitch of my personal philosophy that still hangs on my office wall: No matter what my job title, my real work is helping people. That was my philosophy when i served in the Navy; when I supported the federal government in Washington, D.C.; and when I moved to Spokane Valley over ten years ago. It's still my philosophy today. As can be seen on my resume, I have a unique set of skills that would be of benefit to my neighbors and the City of Spokane Valley. For example, I stepped in to save a half -billion -dollar government program that was behind schedule and over budget—and got it on schedule, exceeded the project goals and created a $60 million surplus. I have coached hundreds of growing businesses, from tech start-ups to manufacturers to family-owned operations right here in Spokane Valley. I have a forty -year history of solving problems, building bridges and getting things done in bath government and business. Meeting the needs of our community requires everyone to do his or her part, not leaving it up to others. It's just not in me to sit at home and do nothing when there are problems to be solved —1 am determined to help where I can, when I can, in any way I can. 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? 1. Getting as much as we can from what we already have by improving current operations and strategic planning. The City of Spokane Valley is already doing this but this needs to remain our top priority so we never miss an opportunity to integrate programs, projects, plans and budgets so they are working together toward a unified vision of the city. Waste and problems happen when decisions are made without rigorously investigating how will this affect our other programs, projects and plans today, tomorrow and ten years from now_ In every single meeting, every session, every vote, someone needs to point to the vision and ask, "How does this get us closer to our goals?" My experience making complex government programs more efficient means that I can identify missed opportunities to coordinate the City's many strategic plans and initiatives to make it happen. 2. The economic future of the city depends on consistently attracting, retaining and supporting strong businesses. lithe City fails to attract and retain more businesses that bring tax dollars into the community, they have to rely on raising taxes on property owners and existing businesses. Being "business -friendly„ depends ars two factors: making sure requirements on businesses are the minimum necessary for good order and constantly soliciting feedback from businesses and citizens on the City's performance to identify improvement opportunities. Even in the best city government, there is always room to improve and that's the key to staying competitive. I feel we have been asking the wrong questions. We need to stop asking why the buildings on Sprague are empty and how the city is going to fill them. The City can't fill those buildings by itself. We need to ask current businesses, "Why are you here?" We need to take the amazing work done by the Community and Economic Development staff to business owners, commercial property owners and commercial realtors and ask for their feedback. And then we need to bring them all together to hear their expert advice for creating realistic, actionable plans for filling the empty buildings an Sprague and throughout the city. 3. Maintain and improve infrastructure supporting quality of life, It's obvious that the City of Spokane Valley is investing in the physical infrastructure of our transportation network. But infrastructure is more than roads and bridges. Infrastructure is really about providing the safety services, convenience that our citizens expect in their daily lives. This is not just the physical infrastructure but the mental and emotional infrastructure necessary to create community identity and sense of community. It's more than connecting roads — we have to connect people. Our City government works best when as many citizens as possible can engage easily and with confidence. This starts by ensuring information and feedback systems are more accessible and transparent. The city must go beyond just collecting suggestions, complaints and public comments at Council meetings_ They need to prioritize reporting to the public what the complaints or ideas are, who is responsible for addressing them and what is being done to resolve there. This information should not be buried in meeting minutes or reports in confusing locations on the website. We should prioritize making accurate, real time information available on line with easy -to -navigate controls and search capabilities. Frank E. Hutchison, Ph.D. QUALIFICATIONS GOVERNMENT PROGRAM ADMINISTRATI0N BUSINESS DEVELOPMENT AND TECHNICAL MANAGEMENT 2206 S. Balfour Blvd. Spokane Valley, WA 99206 Phone 509-434-4580 E -Mail, Frank e hutchisan(a.vahoq.com • Executiveievel janitor: cleans up government and business messes • Veteran: Commander (0-5), US Navy Ret • 40 years experience in business development; government administration; contracting and proposal writing; program execution; acquisition; budgeting • Coached over 250 INW startup tech businesses in business development capitalization, and commercialization • 30+ years as Scout leader; Woodkdge-trained • Teaches rocks to jump • Overcame projected g -month program delay for $500 million in government runtracts while exceeding requirements and creating a 160 million budget surplus. • As Chief of Staff for the Columbia Accident Investigation Government Relations Office, developed infrastructure and coordinated communication Bien Congress and NASA. • Conducted precedurannanoial audits and government investigations into ethical conduct, policy violations, contractor conduct, and regulatory compliance. • As business & production review officer, oversaw and evaluated contractor performance and compliance for $1+ billion in contracts. Created Department of Justice framework for evaluating rural and urban communities' preparations for responding to natural disasters and WMDs. • Established and managed initial operations for classified locations for the VVhite House Office of Special Projects_ • Level 111 certified federal acquisition professional (Program Management) certified to manage any size government program. • Quality Manager for tine Homeland Security Institute, a federally funded R&D center mandated by Congress. • Coached over 250 startup technology Businesses in business development, capitalization, arid commercialization while connecting them with INW service providers and mentors_ • Advised Air FOrce Deputy Chief of Staff, Communications & Information on metrics development, analysis and tracking_ • Supervised $60 million in research and development programs requiring coordination between private sector and government agencies. • Consistently delivered multi-million dollar projects on time and within budget while directing groups from 30 to 1000+ people. • Saved $2 millioniyear by eliminating over 1,000,000 pages/month using electronic databases to re-engineer contractor reports. • Expert to Cost of Delay Analysis, the science of calculating the monetary and human impact of beginning or delaying a project • American Society for Quality (ASO) Certified Manager of Quality/Organizational Excellence (CQM/OE). • As Regional Director of ASQ„ connects 1,500+ members in WA, ID, OR, MT, 8, AK with resources and represents tonal interests to international organization. RELATED Mee Solutions (Hutchison Solutions, LLC), 2206 S. 8aikm— P}' / ., .took." fixe EXPERIENCE Valley, WA 99206 Crisis management and entrepreneur support - reducing risk iaximzirg potential, specializing in bootstrapping and entrepreneurial eriucatian. 2011 present Webster University, Fairchild AFB, WA Adjunct Professor, Operations Management, Business Strategy and Entrepreneurship, 2005-2015 Innovate Washington (formerly Srrffiji, 665 N. Riverpof B9vcr., Spon ty?c, WA 99202 Client Services. specializing in bootstrapping, military & government man kels, lean and quality improvement, technologies, and production, 2005-2011 Isothermal Systems Research, Inc. (ISR), 221.5 N. Molter Rd., Liberty Lake, WA 99019 Program Manager, Phalanx Close -In Weapons System, 2005-2006 Eastern Washington University, Cheney, W,4 Adjunct Professor, Operations Management, 2005 Analytic Services Inc. (ANSER), 2900 S. Quincy St., Arlington, VA 22206 Quality Manager for the Homeland Security institute, a Federally Funded R&D Center mandated by Congress, 2004-2005 Managerial, tacility oommissiorting, and process improvement support to Special Projects Office, White House Military Office, 2003-2004 Chief of Staff, Government Relations Office, Columbia Accident Investigation Board, 2003 Program manager for Weapons of Mass Destruction exercise support for Kansas, Oklahoma and Texas, Office of Domestic Preparedness, Department of Justice/Department of Homeland Security, 2002-2003 Program manager for support to Missile Defense Agency Directorates of Program Integration and Advanced Concepts and Technology, 2002-2003 Process improvement and metrics development support to the IT Interoperability and Gast Methodology Division, Deputy Chief of Staff, Communications & Information (AFiSC), 2001-2002 Managerial, programmatic and congressional support for Acquisition Reform, Assistant Secretary of the Air Fare (Acquisition), 1997-2001 Support team Iead for institutional review of Air Force nuclear infrastructure, Air Force Chief of Staff (Operations), 1997 Team lead providing analytical, programmatic and congressional support to the 5- 15 bomber Conventional Munition Upgrade Program, 1995-1997 Analytical, programmatic and congressional support to the Programs, Budget and Congressional Division, Assistant Secretary of the Air Force (Acgj,si<`Qn), 1994-1995 U.S. Navy Executive Assistant, Business and (Production Review Officer, and Engineering Officer, Supervisor of Shipbuilding, Conversion and Repair, U.S. Navy, Newport News, VA, 1991-1994 Submarine Research and Development Program Manager, Naval Sea System Command, Arlington, VA, 1990-1992 Mechanical and Electrical Program Area Manager, Submarine Technology Program, DARPA, Arlington, VA, 1989-1990 Branch Head, Strategic Submarine Project Office, Naval Sea System Command, Arlington, VA, 1985--1989 Deputy Assistant Supervisor of Shipbuilding, Conversion and Repair, U.S. Navy, Pearl Harbor, HI, 1184-1965 Ship Superintendent artd Ship Safety Officer, Pearl Harbor Naval Shipyard HI, 1982-1984 Instructor/Division Director, Naval Nuclear Power School, Orlando, FL, 1975- 1980 VOLUNTEERISM Boy Scouts of America (19132 — present) • Inland Northwest Council Sustainability Council (Current) • STEM Merit Badge University Entrepreneurship Counselor (Current) • Spokane Valley Units 411 Scout Committee (Current) • Cub Scout Leader: Cubmaster, Webebs Den Leader (19$21987) • Boy Scout Leader; Scouting Coordinator, Sustaining Membership Coordinator, Assistant Scoutmaster, Scoutmaster, Scout Committee Chair, Merit Badge Counselor, BSA STEM Merit Badge University, District Popcorn Chair, Silver Beaver Recipient, Wood Badge Trained (1982 -present) American Society of Quality (199$ — present) • Director, Region 6A (Oregon, Utah, Montana, Idaho, Washington, Alaska) (Current) • Immediate Past Chair, Spokane Section • Education Chair, Nomination Chair, Internet Liaison, Programs Chair, Section Chair, Certified quality Manager Instructor, Certified Quality Improvement Associate Instructor Inland Northwest Woodturners (2011— present) • At -large Board member, Webmaster, Demonstrator EDUCATION CERTIFICATIONS TRAINING • Ph.D. (Physics) Utah State University, Logan, UT, 1962 • B.A. (Physics!Mathernatics), Central College, Pella. IA, 1972 • ASO Certified Manager of Quality/Organizational Excellence #2863 • ASO Certified Quality Improvement Associate, 4212 • Acquisition Professional(Program Management), Level 111, US Navy • Web Developers Bootcamp, Udemy, 2016 • Introduction to Excel VBA Programming, California State Polytechnic University, Pomona, 2015 • Kepner Tregce Problem Solving/Decision Making, ISR, 2005 • Electrostatic Discharge: Introduction/Control for Operators, ISR, 2006 • Appreciative Inquiry, NTL, Alexandria, VA, 2003 • Current Theory and Practice in Organizational Development, NTL, Alexandria, VA, 2002 • Human Interaction Laboratory, NTL, Alexandria, VA, 2001 • Writing Winning Proposals, Shipley Associates, 2000 • Measuring for Change, Hammer andCompany, Boston, MA, 1998 • Certified Quality Manager Exam Preparation Course, American Society for Quality, VA, 1997 • Process Action Team Training, Supervisor of Shipbuilding, Conversion and Repair, Newport News, VA, 1093 • Fundamentals of Total Quality Leadership Instructor Course, VA, 9992. • Engineering Duty Officer Mid -Career Course, Engineering Duty Officer School, Vallejo, CA, 1992 • Total Quality Management Course, USMC, Fort Relvoir, VA, 1901 • Engineering Duty Officer basic Course, Engineering Duty Officer School, Vallejo, CA, 1982 • Submarine Officer -Basic Course, Naval Submarine School, New London, CT, 1982 • Nuclear Ship Supeilntendent Schad, Bremerton, WA, 1981 Sri"a*fie CITY OF SPOKANE VALLEY 11707 E. Sprague Avenue, Saite 106 Spokane Valley, WA 99206 (509) 921-1000 RECEPIZO JON 3 0 26M City of Spokane Valle, Cray Clerk' APPLICATION FOR CITY COUNCIL MEMBER POSITION # 7 Thank you fel your interest in serving the Spokane Valley community as a member of the Spokane Valley City Council. To be considered, applications must be completed, signed, and received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday, July 1, 2416, (late arriving mail will not be accepted). Applications may be hand -delivered or mailed. Name: CCI C ley ey i n e h!`n (Last) addle (First Complete Hume Mailing Address: 16I 5 t. kirk 6i 1f you have lived at your current address less than one year, phase list your previous addresses andsttc how long you lived at those residences: Complete Previous Address Length of Time at this Address IJorne Phone: (56 1 t --I Y - } Fax: (: J 5L $ I - Bl�sir4c5ti Pltionc: ) 32 - / '7# ,P --ll Occupation: (if retired, please indicate former occup t is i { �: '� jf"Li,Y Business Address: k\ o LA3• C bt1 f e k ,i�`�t.l lh� qg th /t Educational Background: � C a55 5 (./ /emphi s,l si1 7_ l..t nn.f:. Yl C V 12,1 (.\1-1 1. Registered voter in the Ci ly of Spokane V al L y? r'U [ ] ' [ 2. Have you continuously re_ iwithin the city 1inr:ts of the City of Slumk<::ra V;.9 .ey for a t•; .rr r.. rr.irc? (NLIU: law requires a cauncilmember to ;e. a re:sid.or of Spokane Valley for oaf I:: i i ;r year -.riar to ,r:.c] Li. ,c a registered voter at the time of aplal is at:rc. ) Yea [KT Net [ J 3. Have you ever been convicted for agyh;r i L other- than a i irror rraftc ti �alatian? 4. If you answered "YES' to `.'3 above, plcasti. uhl+lati �: Yes [ 1 No [ 1 S. Do you or your spouse or any immediate family mernber (spouse, children, siblings, parents) have a financial interest in, or are you an cmp!oyee or officer of any I.)itsiness or agency which does business with the City of Sa..Mkanc. V:i11cy.? YTS [?4? Nt. [ 1 If yes, plm42. c:til,]di:i: 6.. Is airy memher of your imrricdiatc family currently e:tp.A)ye.ci, either Cull time or part done, by. tiw. City til' Spokane Valley, or currently perform arty volunteer work. for the City of Spokane Valley? Y E. [ 1 NO xr If yes, please explain: 7. Wou:d your appointment create a conflict of interest or an appearance of a conflict of interes*? YES [ NOV If yes, please explain $• P[ease liar your errpioyrnern for <he past ten years: NAME QF EMPLOYRR POSITION HELD 51045lozw, . 19x t -]e h 4-11 bu1,4ert1- mr DATES OF EMPLOYMENT 1,, rst95`freer- 9. Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong or hold office: 7)eAct-se- SLP e. -A -A- CY1� [aA 10. Please list OUT special skills andior interests: aga_cke_oi 11. Please list your volunteer experience, and include any volunteer or paid positions held en any governmental board, committee or conunissian: _.._1egi&t. e 1 .r FR ()M: r• ROM: FROM: 1-,()"1 TO: T(: TO c r. LI1;`d list rl; : i (.:n 1 .. t:;LFIII: b��l` z: � L-, 12. Why arc you i1;�a r,7t�tl T. r4ui;� i 1-' 'V'te-0,..4.A _Au ca_k_a_ct City of Spokane Valley City Council Vacancy Position 7 Application Tammy A McCauley 06/29/2016 9. please list the. professional affiliations, clubs, social, or fraternal organizations to which you belong or hold office: Phi Theta Kappa National Society of Leadership and Success S <<'':x_.11 t: Regional Labor Council P11'. 1 7 t .r cal President, l2..0 Delegate, Labor Management Team, Negotiation Team rsl]il!-:..,l,.lne Class of 2017 : P1L J.,e ir special sl•7. ills and/or interests: ComtraunicatioiI Public Speakiill, Meeting facilitation Program i ram 1VIOniLO:1I]g C0131n i_ r]ity ("cap A s. 7SJrrcf,t Budget De.velopnwritlivio nitoring (ira.I]t \34'ritinrg l 1. Please list your volunlc .r 4xp.7.!riL•r.LL-_ :a 1 include any volunteer Or paid positions held on any Eo' erriincntai board, t_onamit.cL. Medical Horne Leadership Network 1996 2010 Provide training and consultation to primary care practitioners, parents, and others in the conununity to support and promote Medical Homes for all Children. mists in the development and implementation of statewide conferences for parents and professionals and in the development of ongoing grant proposals for the project. Served as the Family Advisor to the project for two years. "Developing Effective Parent/Professional Partnerships" 003 Training program developed by the American Academy of P I i. i r i .., for ,rents and professional audiences. Assist in the development of the traiill >. c><<rricmI im nd present the material at the 1s` International Conference on Family Cell ttICJ (':I1 -C 'n fli lor_. Targeted audience includes parents, medical professionals an.- professionals. nprofessionals. AAS' "Every Child Deserves a Medical Home" 2002 Training program sponsored by the American Academy of l'cdiatrics for parents, professionals and allied healthcare providers. Sur'.e on tl]c planning cui imitteo, assist with the developrirent of the curriculum :n terials EUJci prr:sent Cpcning Plenary session in Srokane, WA. State Interagency Coordinating Council 1988 - 1994 _Advise and aSNiwi. kr, ,� lr c IDEA Part C lead agency regarding the development and ir7111er i iitt7_::,�x �tii.',. ..Ltt ., ida coordinated, comprehensive and collaborative system i±1l.civci7tion services and supports for infants and toddlers with dc'A Ick )1 nnita1 delays and their families. Elected Acting Chair, Vice Chair and Chair of inc. council. Served as past Chair of the WAC committee, and past member of the N:7t.ura' Environments and Funding Ad-hoc committees. All appointments to the council are approved by the Governor. County Interagency Coordinating Council 1989 - Present Advise quid (assist the local IDEA Part C early intervention services lead aU:!r1r:- +. ide tl!'y priorities, problem solve and develop strategies to improve service infants and toddlers with developmental delays and their families. Currei: [ti facilitate the Parent meeting and Child find workgroup. Assist in the L.•wt'ln1,n1_.rnl and implementation of activities to increase parent involvement i.e. f:,Juvr2..i n onN with Families" meeting, which drew 200 families from across the c,l i ;ide, and t Parent/Professional Handbook. Elected as Parent Advisor, Ca-Cliair acid Choir 0f Lire council. Region 1 Division nfDevelopmental Disabilities Advisory Board 1993 - 2000 Advise and assist the Division of Developmental Disabilities Region 1 Administrator regarding ongoing program development and implementation of local supports and services to individuals with developmental disabilities and their families. E.S.D 101 Regional Special Education Parclit/Fr.)!7. Advisory Council Advisor 1989-1992 Provide technical assistance to school districts hi establishing and maintaining a special education parent/ professional advisory council (S.E.P.A.C). )t'vclopnlcntal Disabilities Planning Council/ D. R.I.C. Leadership Insti: rii U t490 - 1997, l'G rli, 1ptiiit in program to dc:':"c!op 1 tI":t- Ir1LC1'ri :edgt'.db1e 1e'dL CI'S to enl t111cL' d !L1;.i lt'' o cc. L:1 13L'ilplb' ;,v`]tl`l dew i<,7p1'1ti11ta11 disL1H 11 Cie through advoL1(:y, aR ti -J t lI._, 1}I ;lrllrtot' 1F ILC:ll. T11 ' 1717L S.4`Iil7 1t.' ' I ili1T bus trips to Olympia for roti i s and indiv'icluaL; am! voIiu:rover lobbyist for dr,' ARC of Washington. Spokane School DistCni. S1 Sli clL11 1•,riLanation ,!:i5: i cla Council 1992 - 1994 SILTVe as a pan ul amt1malty member on the district's special education advisory council rSf:'AC). l'lie. council is coir -posed of parents, school district staff and citizens who meet int acep's" basis to discuss special education issues and make recommendations for improvements to benefit students who have special earning lice &. assist in the organization of District wide foi urns and meetings to gather input from parents. Elected chair for two terms. 12. Why are you interested hi serving in this interim prisit 'Am as a Spokane Valley City Councilmember? Participating in my local government is a privilege and allows me to serve others in a deeper and more meaningful way. We all shape the cities in which we live and while l• have no special interests that would directly influence my decisions, 1 do have a desire to serve to help make our city the best it can possible be. Spokane Valley is already a great place to live, work, and play but there is always room for improvement. I believe that volunteering, being a part of community, serving, and leadership are critically important for the growth and stability of local government. I have always had an interest in politics and have spent many years volunteering with legislative organizations. This appointment would be an honor and I would whole lreartedly embrace the opportunity to w 'ork with other couneilmembers to be an effective agent of change. 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? Right now, in my mind, the highest priority must be rebuilding the Council's image and restoring trust with the people of the City of Spokane Valley. Maintaining a positive public image of the council is one of the first and most important steps in maintaining the public's trust and confidence. While there will always be differences among members of the council, it is in how those differences are resolved that builds unity and a sense of ownership of the process. Every interaction or contact with and between council members provides for an opportunity or a potential for a failed or an effective relationship. It is often easy to point fingers or leave the development of relationships in the hands of others but the truth is that everyone plays a part in building or demolishing the image of the council_ I am committed to supporting a process that builds up our great city rather than tearing it down. Secondly, I believe that the priorities of any city government rmirn,t be tkaa or p lal c : [ety, fkeal responsibilityfbalanced budget and garowtb planning. Ali of which 1'.......... an. irr E5 oved quality of life for the residents of our city. Having said that, the council rt a 1st ready to addrea5, head on, the dividing issues that will inevitably arise. Most notably, what to do w.: th. the contract with the Spokane County Sheriff' Office to provide public safety services to our city. i `bilk 1 do not know all of the facts and details around this heated debate, I do know that all council members must be willing to put personal preferences aside and have ar. open, honest and transparent conversation in order to reach a decision that is good for the whole. The greater good of our great city must always be the deciding factor. Lastly, as a city, we ;must be able to live within OL:r means, and yet provide for sustainable growth. which brings additional revenue into our city. This growth must include a comprehensive transportation package. Transpt,rtaion is a critical element to growth and it provides an effective tool for shaping our city's futile- growth and development patterns. These patterns have a major influence on the financial health or our city's government and on our economic performance. Public transportation and streets influence the level of traffic congestion and the character of our neighborhoods_ Other related issues include parking. In general, parking influences the cost to develop our city and presents both opportunities and barriers to how people access their homes, schools, work, recreational opportunities and businesses within the city of Spokane Valley. Growth is essential to the ongoing prosperity of our city and public transportation, good roads, available parking, and low taxes will attract these long-term business partnerships. 13. What are the three highest priorities you l�ti l i,:4 the C these issues? f 14. Have you ever attended a mee'ing of the Spokane Val':ey City Council? Y .S ] 1 l If yes, give an estimate how man meetings you have a ended in the past year: a►.kn e i {x au -114 1 mega 115 5 1 . Appointment to the City Council win require your attendance at ntwnerous regularly scheduled i nc. special meetings, which generally occur on Tuesday evenings, Cauncilrnembe;s are also expected try represent tire City of Spokane Valley by serving en various regional comrriissiatlS, tomrnrttees and boards. A:e. you able to commit your time and energy to participate i`uily as a member of the Spokane Valley City Council. '1;17'S ]0 15. References. Please list name, address and phone number: 1. �. e.rS. 2. / W Once submitted, applications and related rtsateriail become 19,�.016public record City Council meeting. Inten+iject to ulic ��+slarc tentatively , and will appear in the Council agenda packet for the y scheduled for the evening cf July 19. Selected applicants :vi1] be notified of the exact date and time of the interview once all applications have been received and :nterview5 determined by Council. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur July 26, 2016. No City elected officer shall hold any other office or employment within the Spokane Valley City government. 5/O 1 certify under penalty of perjury under the laws of the State cfWashington, that the foregoing is true and correct, _ 2 ! sk DATE Tammy McCauley 7915 E. Buckeye Spokane Valley, WA 99212 Vita Spokane Regional Health District Children with Special HealthCare Needs Infant Toddler Network 1101 W. College Spokane, WA. 99201 Prozram Coordinator Twenty-one years of experience developing, implementing and coordinating a comprehensive countywide system of early intervention service for infants and toddlers with disabilities and their families under the Individuals with Disabilities Act (IDEA) Part C. Responsibilities included the establishment and maintenance of strong relationships with community providers, State and local agencies, school districts, and families. Lead Family Resources Coordinator Infant Toddler Network Spokane, WA. January 1995 to January 2008 Responsible for serving as the single paint of contact to ;iss I Rt !F_ m i l ies :. n d professionals in accessing services as outlined in the Washie.Z.,,i(,rs etali_ Application for Individuals with. Disabilities Education Act 1 11)1.i\) Part C. Assist the Children with Special Health Care Needs (CSHCN) Coordinator and CSHCN supervisor in determining eligibility fen IDEA Part C. Review ongoing monthly service authorizations and billings submitted by Family Resources Coordinators (FRC) and Early Intervention Providers for compliance under IDEA Part C for payment approval. All authorized funding must be the payer of last resort. Assurance must be given that all private and public funding sources available to the child and family has been accessed and exhausted. IDEA Part C funding can only be utilized to pay for a service listed Oil the child's Individualized Fancily Service Plan (IFSP) or to pay for an evaluation to determine the child's eligibility and need for services. Provide technical assistance to all registered FRC's and Early Intervention Providers in Spokane County governing IDEA Part C implementation and quality assurance. Facilitate quarterly FRC meetings and review 1FSP's submitted by all Spokane county FRC's. Draft written clarification memos, policies, and corrective action plans for program manager's signature to assure FRC's and Early Intervention Providers adhere to State and Federal rules and regu[ations. Participate in the self-assessment and monitoring of FRC's and Early intervention Providers for IDEA Part C (:i ii:j]:s.n.c :arcs: represent the Infant Toddler Network at the CSHCN Regionl r i::71ings, State lntcni:. n':v Coordinating Council meetings, and the State Funding and Data co.i.n ittcc meetings. Assist in the development and monitoring of local Interagency Agreements with various providers, agencies, and community organizations providing services to infants and toddlers with disabilities and their families. Develop and maintain a local child data tracking program in Microsoft Excel, and collect, compile, verify and interpret monthly data to assist inthe ongoing assessment of service needs and demographics to support IDEA Part C activities. Compose and submit monthly data and biannual narrative reports to the Department of Social and Health Services, Division of Developmental Disabilities, Infant. Toddler Early Intervention Program as required by contract. Develop and present training curriculum OP the role of an FRC, Early Intervention Services, IFSP's, Transition Plans, Funding Services, Parent Rights, and IDEA Part C rules and regulations. Serve as a training consultant to the Statewide FRC Training Contractor (Educational Service District (ESD) 112 and Western Washington Ui i e tiiiy ),uki Ai:rerican Academy of Pediatrics. Experience providing K-12 Video Teleconferencing System, PowerPoint prosentaticns, and :ce'.ures with question and answer sessions. Ability to 1iicilitit��} acrd present to bot1:i Si;7 11 grad large audiences which includes, but not prescntdt.iur.s f ovidc:t at: Iiilto:; Early Flcad Stag/ Special Quest 19L.)9 - 21)10 Training program to develop strategies for accessing services, resources and technology to include infants and toddlers with significant disabilities and their families into Early Head Start programs. Provide yearly training to Early Head Start teachers and Family Service Coordinators. Medical Horne Leadership Network 1996. - 2C10 Provide training a rid consultation to primary care practi-Lois::rS, r:i i; ants, and others in the community to support and promote Medical 1 bines for all Children. Assists hi the development and implelmentation of , tatewide conferences for parents and professionals and in the development of onur,oine, brant proposals for the project. Served as the Family Advisor to the project .!a.n- 1.v,r i years. "Developing Effective Parent/Professional Partnerships" 2003 Training program developed by the American Academy of Pediatrics for parents and professional audiences. Assist in the development of the training curriculum and present the material at the 1'` International Conference on Family Centered Care held in Boston. Targeted audience includes parents, medical professionals and allied healthcare professionals. AAP "Every Child Deserves aMedical Home" 2002 Training program sponsored by the American Academy ofPediatrics for parents, professionals and allied healthcare providers. Serve on the planning committee, assist with the development of the curriculum materials and present the Opening, Plenary session in Spokane, WA. 2010 Express -National Summit 2001 Present a breakout sessirrn at the 2010 Express National Summit for Children and Youth with Special Health Care Needs and their Families. The conference represents an innovative, national campaign to achieve fancily -centered, culturally -competent, comprehensive, and coordinated systems of services for all children and. youth with special health care needs, in every community, by the ear 2010, Case Management Over twenty-one years of experience providing service and resource coordination across agencies and providers to assist families in accessing services as outlined in the Washington State Application for Individuals with Disabilities Education Act Part C. Family Resources Coordinator Infant Toddler Network Spokane, WA. January 1995 to l'rcwL. L1 Washington P.A.V .E Spokane, WA. September 1991 to September 1994 Coordinate e.1.L 11 Ltirnl:-.i And ls.;essni itis. for infants and tsacklleas i.cl lti€'.d with .I 5_i:vi„lopilli;n 1€ e[ nceF:I ,'.l_l 1't 1 :1'1':`i€ [61' II'1ilL€i4, Initial process inchldcs tnect ,l¢. with the families and performing a developmental screening using the Ages and Stages Questionnaire, verbally reviewin the Parent Rights brochure, exploring insurance and all other potential funding resources the families may be eligible for, and reviewing all early intervention program options. Work b collaboration with a child's physician and other health care providers to obtain referrals for the recommended evaluation(s) and services. Submit all documentation which includes at least two tools and two disciplines for eligibility determination. Once a child has been determined eligible, develop the initial. IFSP. This plan is very descriptive in nature, must be completed within 45 days of the referral/ Intake date, and includes the child's Outcomes. The document must be reviewed every six months and is rewritten annually. Must be knowledgeable about services and providers available within the community and state that a family can access and responsible for informing families of advocacy and peer support services. A family is entitled to access 17 early intervention services which include but is not limited to, speech therapy, occupational therapy, physical therapy, psychological services, vision services, assistive technology, family training counseling, and horse visits, and transportation and related services_ Services must be provided in the child's natural environment unless a written justification is provided on the IPSP. Within 180 days of the child's third birthday, obtain permission from the family to refer the clxild to their local school district. Facilitate a meeting to develop a transition plan at least 90 days prior to the child's third birthday and outline what preschool service options are available and the necessary steps to help prepare the child for the next service setting. Participate in the preparation of reports, activities, and attend local and statewide meetings`, e.g. Quarterly CSHCN Care Coordination tnee r.r,,. County Interagency Coordinating Council meetings, Early Interve1:11..:11 Network for Families meetings, and Quarterly FRC meetings. The Coordinator must also assure that all WI SP's are entered into the seeela statewide electronic Data Systern by the tenth of each month. 1 asponsible for completing first and second year training modules and obtaining twelve hours of ongoing training starting in the third year to maintain registration as an FRC with the Department of Social and Health Services, Aging and Long Term Services, Division of Developmental Disabilities, Infant Toddler Early Intervention Program (ITEIP), i ecessfully pass a Washington State Patrol background check even three years. P` vent ? ilvuc41te /Trainer <::lok,n to, WA. ] 9N to SQptcli-tINT i.)94 Parent Resource Coordinator Responsible for conducting 6-8 yearly trainings for parents of children with {lisahilities on various topics related to IDEA Part B, Section 504, Washington n.i lrative Code (WAC), and the Americans with Disability Act (ADA). Uc, . Ii:: i materials and provide training on the following topics: Individualized I:;tit !cation Plans (IEP), Positive Behavior Support Plans, Transition, 504 Plans, and Effective Communication. .+..ssist parents of children with, disabilities advocate for appropriate services and placement within their local school district. Repre.• nt family's needs and concerns at LEP meetings, discipline rrreetings, and Hit Hearings. Provide intensive phone Consultation to parents and school di: tticI rc:rHonneI regarding VBAC and rules and regulations goverrlirlL illi{ .= Part 13, Section 504. �.Ircl 'lk! ADA. Professional Committee Memberships State interagency Coordinating Council 1088 - 1994 Advise and assist the State IDEA Part C lead agency regarding the development and implementation of a statewide coordinated, comprehensive and collaborative system of early intervention services and supports for infants and toddlers with developmental delays and their families. Elected Acting Chair, Vice Chair and Chair of the council. Served as past Chair of the WAC committee, and past member of the Natural Environments and Funding Ad-hoc committees. All appointments to the council are approved by the Governor. County Interagency Coordinating Council 1989 Present. Advise and assist the local IDEA Part C early intervention services lead agency. Identify priorities, problem solve and develop strategies to improve services for infants and. toddlers with developmental delays and their families. Currently facilitate the Parent meeting and Child find workgroup. Assist in the development and implementation of activities to increase parent involvement i.e_ "C[??avt'r ,1i ion with niecting, which drew 2C families from across tiie castsid , and .Handbook. ok. Elected as Parent Advisor, Co -Chair and Cl Lair of thc, council. 1��•i:>t: T)i4'i;i��_-i �rl�l��.�,:.1�}p�a��.r.it.l l�i�;��:lili;;� rx_dvi.,ury$oard 1993 -1d!vi: �.d-:: !)i t i:;ian of Dc-clnpiJ:lental Disabilities Region 1 t n ;rrator regarding ongoing program development and implementation of 1 u.: 1 1 :; uppnn rt and z, i ces to individuals with developmental disabilities and their families,, \_ hifllff3t efil Corn rout ity ser' k .e LS.t) 101 l.LLiuiitil ParcntfPrcl. Advisory Council Advisor 1989-1992 Provide technical assistance to school districts in establishing and maintaining a special education parent/ professional advisory council (S.E.P.A.C). Developmental Disabilities Plarninn CDlincill D. R.I.C. Leadership Institute 1990—]l93 Participant in an intensive three-year training program to dti 41 L' ;«'.ii Lfnow]edig,eable leaders to enhance the quality of life for :copl� vvilh developmental disabilities through legislative advocacy, :' i 1 i i r rL!cir :.in F par::rrt meetings with legislators, bus trips to Olympia for til disabilities, and seuve as a volunteer lobbyist for the 1- W;bh inkton. Spokane School District 81 Special Education Advisory Council 1992 - 1994 Serve as a parent/. community merbcr on. the district's spceial education advisory council (SERC). The council is composed of parents, school district staff and citizens who meet on a regular basis to discuss special education issues and make recommendations for improvements to benefit students who have special learning needs. Assist in the organization of District wide forums and meetings to gather input from parents. Elected two terms as Chair. Education Eastern Washington University 1D0 hours, April 15, 1994 to November 5, 1995 Child and Adolescent Mental Health Specialist Certif cote Program. Community Colleges Spokane AA --S Degree Emphasis in Early Childhood Phi Theta Kappa Eastern Oregon University E.S Psychology Emphasis in Communication Cum Laude Non -transferable Education Ron Bailey School of Broadcasting Spokane, WA, Scptcnihi i 1982 to SeptenmbL;r 1753 FCC broadcast License Awn rd s Parcnt of the year - _ 9 S Person of'thenear. 1S Spckan ?.cijromuscular Center, Spokane, WA. CITY OF SFOKANE VALLEY 11707 E. Sarague Avenue, Suite 106 Spokane Valley,. WA 99206 (309) 921-10Ci0 APPLICATION FOR CITY COUNCIL NAFMBER POSITION #2 or #5 # To be considered, you rrr;ut be z resic:ent of the. C'ty of Spa tan:: Valley. Thank you for your interest in serving t -ie Spokane Va icy community as a rie,nb w of the Spokane Valley City Council. Completed and signed applications must be rucei+red ut tie City Clerk's office, 1170.7 E. Sprague Avenue, Suite 106, no later 4:00 p.m. Friday May 13, 2016, ( oke arriving mail will not be accepted). Applications may be han4-delivered or mailed. Faxed or e-mailed applications will not be accepted. Name: Murch ] Michael (Last) (Middle) (First) Complete Home Mailing Address: 3012 S. Morrow, Spokane Va'le'y'WA 99216 t Be sure to include City and Zip Code if you have lived at your current address less than one year, please fist your previous addresses and state how long yo.J 'ived at those re5idcnces: Complete P`eVous Address 13528 W. M eaiovvview In., Nine Nile Fa:Is UVA 99005 Len .•th of Time at. this ,Address 3 years h#cr Phone ( 509) 951-0285_ Fax: ( ) N/A Business Phone: ) i\ll.A CeII: (509) 951-02E5 E-mail: Mike.able@hc+tm,ail.corn Occupation: (if retired, please indicate former occupation) General Con trartnr-/Self Employc_d Business Address: 7421 N. Bruce Rd., Spokane V1rA 99217 Educational Background: ,<-12.,Some college credits/4-year Apprenticeship sbmpieted through Carpenters local 98 1, Registered voter in the City of Spokane Valley? Yes [ X ] No [ ] 2. Have you continuously resided within the city Emits of the City of Spokane Vairey for a year or mare? (State law requires a councilmemder to be a resident of Spokans. valley for at least a year prior to appointment, and to be a registered voter at the time of Yes ( X 1 No [ 3 3, Have you ever been convicted of anything other thai ;:a mir-°. traffic violation? Yes [ ] No [ x 4, If you answered 'YES" to 33 above, plccse exp &i . j 5. Do you or your spouse or any irrimedi yLe fa mrly rn:2" YII=, (,5l'+_al.''•;c:, chid I, elk l:l It i p•arF 7t.;1 have a financial interest in, or are you an , rnpIo'ye or officer :7i _ir;y b i ness or at_Il v r,+lllf l do'te's business with the City of Spokane Valley? YES [ K ] Nu [ j If cnrrrpany does business inside Spokane VJ'allzy at times. QnCe submitted, applications hecorn :he property cif the City of Spokane Valley and are subject to public disclosure. S. Is any member of your immediate family currently employed, either full tirre or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? YES [ NO [ X j If yes, pleaseexpluin: 7. Would your appointment create a conflict of interest ar an appearance of a conflict of-hterest7 YES +OI X1 If yes, please explain: $. Please list your emplow- en-, for the past ten years: NAME OF EMPLOYER I'CS(FIONi HELD DATES OF EMPLOYMENT Able Construction lic President Riley of 2006 to present. Peter Kiewitt Construction Company Lead l C.rporw-r.r on Air TrDffi.. Control Tower, Spokarle April of 2005 to June of 2006 Bouten Construction Company Foreman of Second floor Sacred heart medical center addition. March of 2003- April of 20005 Please list the professional affili .tiors, c..les, socia!, oriraterna' organiaaticnl tr) which you belong or hold office: Spokane Home builcers association, Fernan Rod and gun club, 10. Please list your special s!cills and/or interests: I have always beer a self-starter, rvlyjobs thrur,.gh the years have tai ht rye the importance of communication. I have learned thrixigh the yoars how to motivate people who ,.york under me to perform their jobs to the best of ther ability. Working 20 years in all aspects of the construction industry, has taught me the importance of ,Laying a good foundation, one of tl-e most crucial steps in anything. I enjoy outdoor activities and tie shooting sporl:5. 1 enjoy reading, with an emphasis on the founding of our country. lam a family man and bel: ve in g;ving the youth of oat •nn d Lbettar life than was handed to me. 11. ?lease list your volunteer experence, and include any vorl.inte :- er paicl rix iiions I r_ -I rr. governmental board, committee or commission: Stevens County Republican Party Treasurer FROM: January 2012 TO: January 2014 Clint Didier County Campaign Manager Stevens County FROM: May 2011 TO: September 2011 ProjectAppleseed (Line boss) FROM: March 2009 TO: September 2011 Delegate to Republican State Convention twice Spokane County 2006/Stevens County 2C12 12. Why are •{n .1 :r;erested in serving in this interim position as a Spokane Valley City Councilmember? I am a firm beli.u:vw'I in representative governance. In order for it to work, people from all wa`ks of life be.wi I n , tc: `t1 Vex to :i rieryre a balanced prospective of society. While I consider myself a cons_::+atiYu, 1 arc by no means a simple "yes man" with the ccnyervative party. I am a voracious reader, and ra 1;0Ifir'rl,tted person, always do :n the best 1 am able to. I a -r .' 1 ling to work long hours and educate myself on any iSal ES that I lack knowledge in: prior to my having to make a decision on it. I have reached a point in my !ife with my chi'dren reachirr teen years that I have more time to give back to society. I have been interested in the potticai process since reaching adulthood and have actively worked on many campaigns and init'atives. I have researched and educated myself and those around me for years, Cri what this country , ,us founded on. 1 would welcome the opportunity to serve my community firsthand, and h2 p institute rnr oriiri ful change. C'nce submitted., applications become the property of 1,:.w Cit, of Spok=ane Valley and are subject to public disclosure. 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? First off land use/property rights, I believe the City of Spokane Valley is moving in the right direction with these issues by allowing more mixed use, than in the past. I also know our hands are somewhat tied with the growth management act. There are still many things available to us to that will help business owners and property owners get back to having more of their rights returned_ Stevens County land use is one of the >~est inti the state. While theirs is a rural county not a metropolitan area a lot can be gleaned from their plan and used to reformat Spokane Valley's plan. While we can't do much to combat the anti -business climate the state has fostered, we can continue to work within the confines to be the easiest and unrestricted city in the state for Vying arid doing business in. Secondly, continuing to get government out of the way of taus': `cs and residents. I believe the private sector is more capable, efficient, and cost effective than any gcerrrnent agency. As a municipality we have the power to allocate our community resources. Being a good stewnre ct our community to me means using those resources as wisely as possible, with more care than is practiced with our owrti. Ta this end l would Zook into every department we have control over and see what could be done to contract out as much of that work as possible while still :i, intaining oversight. Since being a good steward means limiting your exposure to risk as mud, 5f.G.- • tr, accomplish this is to look across the country at what is being accc}rnplish:€ri ti5F cr•r.: cart 5e"» vice for till i iiI. r cities. Talking with other citiesto see what has worked and what dcro: ro•C. removal are all really Targe budget issues, however, a majority of thti' :irrc• m• rR_ motley can be s:F.ved by revamping marry smaller items, than one or two large ones. Finally, I believe working within the city government to bui[d a better disaster preparedness pian is vital, Last fa[I"s windstorm should have been viewed as a wakeup call to this region_ The progress that has been made since then is a great start. However most all municipalities focus on continuity of government While this is important, I feel the City Council is elected to serve the people not the government. The pamphlet that was prepared is a good beginning. I would like to work with the various governmental agencies to continue to improve services fora community that is suffering. in addition to pamphlets I would increase training and coordination among the agencies tasked with disaster response, including the community in the process for input, ideas, training, and most importantly volunteering. lArhile sponsoring training in the short term may cost money up front, it will save much more down the road. When less people are dependent on the government and services they are waiting to be provided with. 14, Hove you ewer attended me:_ i int? ::f r_he Spokane Valley a.) Cnuncil? YES [ X NO [ ] If yes, give an estirnate of now iiiziry ;5::+-` ings you have attended in the pas` twelve months: I have only physically attended a co,.iple, si i:.. the MO Hrity of the time l am out of 'own. 1 do watch most of the podcasts. 15. Appoints -:,-r t to .h: Cty Coin i! Vr:'-r :-)tiendance at numerous regularly scheduled and special mer ting.. I i -' rsc°r, ll;- t,ct,_Ir an 7.I2-,c.av riI] s. COL ncilmembers are also expa:Led -to represent the City of S.00kane Valley by serving an w ricins reg;onal commissions, committees and boards. Are you able to commit ..,tour time and energy to partic:pale fully as a member of the Spokane Valley City Council. YES X NO [ )I 16. References: Please list carne, address and phone number: 1.4th district Representative Mathew Shea 509-869-947 P.O. Box 142150, Spokane Valley, WA 99214 2. Spokane County Treasurer Rab Chase 509-954-3829 P.0 Box J.9D, Spckari , WA 99210 3. Brenda Grasse' 509-21O-0163 P.O. Boer 141483, Spokane valley, WA 99214 Once submitted, applications and related materi<:Is become a public record 5Hl,j, :~t to pLI5 c iii.~,rl�s:l.ir and will appear in the Council ager& packet foFthe Jule 21, 2016, City Council rneeTirT. iri'.::I �i Utis cr_s tc4ntativWy scheduled for the evening : f Jcn 21 2016. Selected applicants will be n _ t date arid titre: ef tie interview once all applica:.ic w have been received. Final action appaintIe :i _«r7d date toe ective office will take place n the Oren aubIic meeting, which is anticipated to occur J.irge 28, 2016. No City elected officer shall hold any other office or employment within the Spokane Valle Cty government. Signature: .4.."/...e.atsal I1444,,zit Today's Date: 5-12-16 Spokane Valley City Council, Thank you for the opportunity to put my name forth for cans cl:,rarti.iclent of history it always intrigued me to study the form of government nur Rept, blic offers. Since we area representative Republic, it made me realize that it only works if the members ci tep far..A(2rd at times to do their civic duty. I entered the work force at a young age and have ;i c it it.y the: ti r1? vqdrkinE long hours in constructio't have always rose to the tcp pcsi'tioir started rip, own construction company in 2.206. Owning a business That 1'1L.3 incl years, 1 have learned to 1:ve within my rhea 6, and to adapt to changes En the niarx :t ,lace. 1 believe local government is the cornerstone of our society. If it is used wisely the population flourishes. If we are not mindful masters of it, we lose our liberties. With this in mind I would strive to find the best balance between government intervention and freedom for individuals, I am in the pros (ss of starI.i7g a ne'o+ path in my fife. I have been forced to spend the majority of my time working au: of 'r, w' an bc, iness for the last several years. In the next couple months that will be corning to en end and 1 v..•iII nc' °rriu!er be out of town. This will allow me to become engaged at the local level again. Along wi_h my 1-Xril.y ;r,iir-ing to reach maturity I now feel that I have the time necessary to devote ta becc iirki _I f involved, and serving on the city council. In all things in my ?if•: I have strived for excellence. If chosen to serve, I will work diligently to serve the COM mur;ty ro thc,, best of my ability. Thank you again for the n7pu t_inity - serve. Thank you also for your willingness to serve our community. Respectfully, rvlike iViunch L Slio'lane .000Va1ley. CITY OF SPOT V 11707 E. Sprague Avenue, S Spokane Valley, WA 992 (509) 921-1000 APPLICATION FOR CITY COUNCIL MEMBER POSITION # 7 Thank you for your interest in serving die Spokane Valley community as a member of the Spokane Valley City Council. To be considered, applications must be completed, signed, and received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday, July 1, 2016, date arriving mail will, not be accepted). Applications may be hand -delivered or mailed. Name: TCLiktil_l (Last) Complete Home Mailing Address: if you have lived at your current address less than one year, p you lived at those residences: Complete Previous Address ,J Lull (Middle) 0511 E - (Firs est your previous addresses and state how long Horne Phone: Business Phone: ( ) E-mail: e ' I� Length of Time at this Address 1 L e.f Fax: ( ) Cc'l1= (5c1) Li'C_t'.� i - Occupation: (if retired, please indicate former occupation) � �i;, Business Address: Educational Background: C r ' 1. Registered voter in the City of Spokane Valley? 17)4 Yes [ y] No [ ] 2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or mt}rc r (State law requires a councilmernber to be a resident of Spokane Valley for at least a year prior to appeintn1 ere and to 1)e a registered voter at the time of application.) Yes [A,..1 No [ 3. Have you ever been convicted for anything other than a minor traffic violation? Yes ( 1 4. if you answered "YES" to 48 above, please explain: No [ ] 5. Do you or your spouse or ay immediate family member (spouse, children, siblings., parents) have a financial interest in, or are you an employee or officer of any business or agency which docs business with the City of Spokane Valley? YES xi NO [ ) If yes, please explain: Cei(1; C,W..rek P. of 6_ Is env tecirib r of your immediate family currently employee, either fall time or part time, by the City of Spokane 'V alley, or currently perform any volunteer work for the City of Spokane Valley? YES [ ] NO Pej if yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? YES [ ] NOL If yes, please explain: S. Please list your employment for the past ton. years: NAME OF EmpLoyER POSITION HELD 1%1V q,o‘i\Akd'Ai). 640 0C-1116-- a L DATES OF EMPLOY_ ENT 1►\1`7 IsL1L i f,1) t5A" fc,46 c 1. Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong or hold office: 10. Please list your special skills and/or interests: 11_ Please list your volunteer experience, and include any volunteer or paid positions held on any governmental board, committee or commission: 12&a '. Arg;rid siLN. 7 ; rill }! FROM; ' TQ. '1Lt �L74 FROM: TO: FROM: TO: FROM: TO: 12. Why are you interested in serving in this interim position as a Spokane Valley City Councilmen -ter? ov.N\ 6E1) cs.er) 13. What are the three highest these issues`! L.E iy'v(. prioriii._s. you believe the City na€.ds t } addr4 s" H4,k1' r�07.E.fE you propose to addres.s y1 C. ,."r'j-i- i{1'1 ....... Ci, 'i.7." {_.J-.. -F�k W �;�5 -= i �v ^`�• `..41 t.---- l j s s . 5 JINA— 3 14. Have you ever attended a meeting of the Spokane Valley City Council? YES V] If yes, give an estimate of how tetany meetings you have attended in the past year: 15_ Appointment to the City Council will require your attendance at numerous regularly scheduled and special n -i tiogs, which generally occur on Tuesday evenings. Councilmembers are also expected to represent the City of Spok. ne Valley by serving on various regional commissions, committees and boards. Are you able to commit your timc and energy to participate fully as a member of the Spokane Valley City Council. YES [>14- NO [ 1 NO[ ] 16. References: Please list name, address and phone number a 3. 13tcr, tT1 Ott . a Once submitted, applications and related materials become a public record subject to public disclosure, and will appear in the Council agenda packet for the July 19, 2016 City Council meeting. Interviews are tentatively scheduled for the evening of July 19. Selected applicants will be notified of the exact date and time of the interview once all applications have been received and interviews determined by Council. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur July 26, 2016. No City elected officer small hold any other office or employment within the Spokane Valley City government. I certify under penalty of perjury under the laws of the State of -Washington, that the foregoing is true and correct. ziA/j /o/ G j17aBey. CITY OF SPOKANE VALLE 11707 E, Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (509) 921-1000 RZCEMED APR 27 2015 City of pokare Vaffey Cary Clerk APPLICATION FOR CITY COUNCIL MEMBER POSITION #2 or #5 * To be considered, you must be a resident of the City of Spokane Valley. Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City uonneil. Completed and signed applications must be received at the City Clerk's office, 11707 E. Spr: _ue Avenue, lite 1'46, no later than 4;&0 porn. Friday May 13 2016, (late arriving mail will not be accepted). Applications r,a} t}e hand -delivered or mailed. Faxed or e-mailed applications will not be accepted. Rasrnussen Rene' Michelle N`. me: (Last) (Middle) (First) Complete 1-lome Mailing Address. 8221 E. Liberty Ave., Spokane Valley, WA 99212 Be stare to includ:: City all{lip Cede If you have lived at your current address less than t}ne yt,,r, please I i ' yOL[ previous addresses and state haw long you lived at those residences: Complete Previous Address Length of Time at this Address Home Phone: (509) 892-4008 Fax: ( ) Business Phare: (509) 359-6448 CeII: (509) 994-3879 E-mail: m.rasrnu2011@gmail.com Occupation.: (if retired, p]ease indicate former occupation) Director- Parking & Transportation Svcs, f ElhU Business Address: 131 Tawanka, Cheney, WA 99004 Educational Background: Whitworth University - BA Business.. surnzna cum Laude 1. Regi qti rui:i voter in the City of Spokane Valley? Yes [ x ] No [ ] inuously resided within the city limits of the City of Spokane Valley for a year or morel (State res a ccuncilraember to be a resident of Spokane Valley for of least a year prior to appointment, and to be a Fegi tered voter at the time of application.) Yes [ X ] No [ 7 3. Have you ever been convicted of anything other than a minor traffic violation? Yes [ 1 No [ X 1 4, lfyou answered "YES" to #3 above, please explain: 5. Do you or your sf+rtusc member (spouse, children, sil'ling . parcnts) have a. financial interest in, or are you an or officer of a['.!' :ti:J:less or cik;cr'_Cv I.'Iiicil dors 17tt511lC S with the City of Spokane Valley? YES [ ] No I > 1 1f yes, please expl. it Once submitted, applications become the property of the City of Spokane Valley and are subject to public disclosure. 6. Is any member of your immediate family currently employed, eithc• I.:I I time or prirt 1 im:a hi the C -t„ of Spokane Valley,. or currently perform any volunteer wort for tht.. (Thy: t Spc.,].:a: c Valley? 'i I:s 1 N' [X] ifyes, please explain: 7. Would your appointment create a oortflict of interest or an appearance of a conflict of interest? YES [ ] NO[X] If yes, please explain: 8. Please list your employment: for the past tort years: NAME OF EMPLOYER POSITION HELD EWU Parking & Trans aortatioci Director City of Spokane Valley Admin. Assistant Drynan Strategic Financial Svcs. Office eager DATES OP EMPLOYMENT 1/5/15 - current 6/18108 - 1/O4/15 6/03 - 6/08 4. Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong, or hold office: International Parking Institute; Pacific International Parking & Transportation Association, 10. Please fist your special skills andfot interests: Customer service skilas with the ability to COTE mmnicate effectively to obtain positive results. 1 1. Please list your volunteer experience, and include any volunteer or paid positions held on any governmental board, committee or commission: CASA/GAL (Court Appointed Special Advocate) FROM: 6114 TO: current FROM: TO: FROM: TO: FROM: TO: 12. Why are you interested in serving in this :nterirn position as a Spokane Valley City Councilmember7 I have lived in Spokane Valley for 18 years and worked for the City nearly seven years. I have a vested interest in the eccrnanaic ruwth, financial state and the safety of my community. I believe as a citizen I have an obligation to support the stability and growth of the City-, not only for rov benefit, but ibr the generations to come. Decision making must support businesses and families. As a Council nember, I would have the opportunity to provide support in securing the positive work of prior Councils while assisting in the efforts For future change; leaving a solid inheritance for others. Once submitted, applications become the property of the City of Spokane Valley and are subject to public disclosure. i . \ ha, 'w'.1J[t 4rll7 it" VC thi: City need. iii:s:iclrc.ss? How would you propose to address these issues? Continued economic develop:Ise:ii .°:Hr. ti; 11'017;2; y. c: in -1,2s; t[i>.cl,';7lnding to complete the bridging projects. I have put all 1hr;;(:7 c11 ltt4'4; i.,111ti :t) c:t 7 : but t}rc la.sl. t.. F l7.tv,rn" ,1i:cct in TTY.-rc`1 efforts and finances put forth trt [} : Ii' i First, property crimes: the monthly County police report in die (louncii pa.e.kcl4 provides a regional report indicating that SV has had, and continuos to the highest amount of property ori -Tic•, i,t ciL:r region. A.11 ou[;h we attempted to mitigate the problem 1 -Iv the power shift, lack of police staff has never allowed this shift to become activated. But, lru!..i . ll.y°, ,..:e cid .tc;- lcu:,,..J that until the Council lvorkshop. Performance measures, with repercussions for non-performance arid rewards for quality performance, need to be bunt into policing efforts_ Second, the funding efforts, through state and federal avenues as well as continued frugal budgeting, must continue in order to complete the Bridging of the Valley; all locations. The increase in RR traffic has had a direct impact on accessiblity and economic flow around our City, as well as the noise, and will impact future grc 0,-th and 7,1cvelo 'rrtent. Third, the first two should be the top priorities as the City can expend as much time and money into ) htit crimes and infrastructure will Rtyn7 tc any posit re, lasting growth for our City, I l Have you ever attended a meeting of the Spokane Valley City Cowl c i l ' 1" 1-.S [ ] NO [ 1 If }acs. give an estimate of haw many meetings yea have attended in th p7o, i rtr;a:tt_ls: 12 15.Appointment to the City Council will require your :7[ie:nc1ance 6[r 'Li t4 ror., . r::.: ,tl,;rly scheduled and special meetings, which generally occur on Tuesday evenings- t'ouitcilrncml.rr :t;; ril.t :..:tooted to :'epresent the City of Spokane Valley by servirts on various regional commissions, carnmitw,l'uz;rd.. Are you able to commit your time and energy to participate fully as a member cf the Spok;rne ;fir° C'it, Council. YES [X] NO [ ] 16. References: Please list name, address and phone number: 1 Gary Beck, President,Republic Parking NW;hili► W. :'lcrccr Si. Ste. 103 Seattle, WA 98119 --Cela. 206) .391-'/ 128 2. Michael W..McGreaharn, Atty.; 101 S. Capitol Blvd., 10th Floor, PO Box 829, Rose ID 83701-0829; (208) 345.2000 3. s . , .. , r e.Malley. WA 99206- (509) 216-8600 Once submitted, applications and related materials become a public record subject to puk?li. t:7 r:ittil:: . : ul ..ill appear in the Council agenda packet for the June 21, 2016, City Council meeting. Intervlews arc L .n-.t;tive:y scheduled for the evening of Juane 21, 2016. Selected applicants will be notified of the exact &Le Intl interview once all applications have been received, Final action appointing a candidate to elective office will taL place in the open public meeting, which is anticipated to occur June 28, 2016. No City elected office- shall hold any other office or employment within the Spokane Valley City government Signature:t r1'� (* Applieants will first be chosen for Vacant position 02, followed by Vacant Position #S) Today's Date: 4 - Once submitted, applications become -he property of the City ot'Spokar;cValley and :rye subject to public. disclosure. II Spokane ,• Val ley i CITY OF SPOT ANE VALLEY p e 11707 E. Sprague Avenue, Suite 106 ,f Spokane Valley, WA 99206Cit1 20p6 (509) 921-1000 �` 0svalley Acker APPLICATION FOR CITY COUNCII MEMBER PO ' C Ae k Thank you for your interest in serving the Spokane Valley community as a member of the Spo •.. alley ll ty Ceuucil. To be considered, applications must be completed, signed, and received at the City Clerk's office, 07 E. Spragtic Avenue, Suite 106, no later than 4:O( p.m. Friday, July 1, 2416, {late arriving mail will not be accepted). Applications may be band -delivered or mailed. r". Name: (Last) (Middle) (Fust) Complete Home Mailing Address: / (a /O )2=6p r RFT- 04,Qe.) II+t7A.Gtr (.p) r 7 If you have lived at your current address less than one year, please list your previous addresses and state how long you lived at those residences: Complete Previous Address 07-O1-16PC3:54 HCVD Home Phone: (00 ) Business Phone: (6 1) 9 - 761 7 E-mail: [V1 R < }r:r ' 0-105; �':) -� r"r'l li iz .Corr) Length of Time at this Address Fax: ( ) Cell: (fit) [lam Occupation: (if retired, please indicate former occupation) Tj I `,E,,. rtg51- nJ Business Address: /13 F.ucational Backgotund: 1. Registered voter in the City of Spokane Valley? 2. Have you continuously resided within the city limits oftbe City of Spokane Valley for a year or more? (State Iaw requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be a registered voter at the time of application.) Yes I -7Q I-7No [ 3. Have you ever been convicted for anything other than a minor traffic violation? Yes [ ] Net—,Z-1 4. lfyou answered "YES" to A3 above, please explain; 5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business��^^oJ��r agency which does business with the City of J Spnkatie Valley? YES [ NG [ ] If yes, pleaso explain: CL. Nlr{7-- f r ?c 4 IVCizAck —G.,I' f s. j - r 5 '6. Is any member of your immediate family currently employed, either fall time or part time, by the City of Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? YES [ ] N4 If yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? YES [ 1 NO If yes, please explain: 8. Please list your employment for the past ten years: „NMF OF EMPLOYER POSITION HELD I DATES OF EMPLOYMENT 0i - / 9, Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong or herd office: a : dJ - r- p 1 T ./ 10. Please list your special skills and/or interests: .. ▪ Biu '' : 11.. Please list your volunteer experience, and include any volunteer or paid positions held on any governmental hoard, committee or commission: F� O E etN2,03TV C.J ,QC-Eibilt\) /0 FROl : 611 • 1 to TO: 1 -3 2 o 4,4 FROM.: t - 1- O To: Cut-s--4,\J'- FROMi: TO: - PROM: TO: 12, Why are you interested in serving in this interim position as a Spokane Valley City Coutreilmernber? `[ L E• ta - v r AA An) + �I �!CIj' Cr)P urr. l# ' tP %.C�, x�i o Sa&. , iaS• P` GC3. l tf 4 rl t. ! fij ri rn LT FT rn 1-1 C l.r'.r 7c--E0A) It Cd r' �J C`r TX. . AJ, esc" 13. 'What arc the three highest priorities you believe the City needs to address? How would you propose to address these issues? J , '� 11NG- L i Yir�0...:„.01/�1 .$) S. 'Zs c+ APAc -1--7-L ; kv6".r: n 4 `Tb W Ci' E Lx c?1[_,1J L— a 4 CJ S } A (' {J rr, re,u • �~ A (c,,,,vuma:r- '-r -1 -Q + 5 awm;ii -1-4-1P0-+fti J_] 13 4 17 ill —TO Tnl Tr' , Q vrE '714- J.1 3 14. Have you ever attended a meting of the Spokane Valley City Council? YES [ ] NO [` t] If yes, gine urt estimate of bow many meetings you have attended in the past year: 15. Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur on Tuesday evenings. Cotiucilnembers are also expected to represent the, City of Spokane Valley by serving on various regional commissions, committees and. boards. Are you able to commit your time and energy to participate fully as a member of the Spokane Valley City Connell. YES [Y,I NO [ ] 16. References: Please list name, address and phone number: 1 I mo►) (o. - 7C; 3. Once submitted, applications and related materials become a public record subject to public disclosure, and will appear in the Council agenda packet for the July 19, 2016 City Council meeting. Interviews are tentatively scheduled for the evening of July 19. Selected applicants will be notified of the exact date and time of the interview once all applications have been received and interviews determined by Council. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur July 26, 2016, No City elected officer shall hold any other office or employment within the Spokane Valley City government. I certify under penalty of perjury under the laws of the State of Washington, that the foregoing is true and correct_ Jn l CT SIGNATURE. DATE lYr,oki#1 e .00101FValley. CITY OF SPOKANE VALLEY 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 [509)921-1000 APPLICATION 1 OIR CITY COUNCIL MEMBER POSITION # 7 Thank you for your interest in serving the Spokane Valley community as a rnember of the Spokane Valley Council_ To be considered, applications must be completed, signed, and received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday, July 1, 2016,.(late arriving mail will not be accepted). Applications may be hand -delivered ur maiPed, Name: io,cc r (Last) Complete Horne Mailing Address, If you have lived at your current address Tess than one year, please list y you lived at those residences: Complete Previous Address 4-11/1 (Middle) (Firs Horne Phone: Business Phone: ( R ur prevto addresses and stat how long Length of Time at this Address Fax:( ) Cell: ( 74/,. 6,1 E-mail: [d2t,si Occupation: (if retired, please indicate former occupation) r Z F f-.• + i_ Business Address: Educational Background: C) 4 4t �.� L,J 41 . n a ft''.,_. 1. Registered voter in the City of Spokane Valley? Yes X ] No[ a. Have you continuously resided within the city lirruts of the City of Spokane Valley for a year or more? (State law requires a counci Lmember to be a resident of Spokane Valley for at ]east a year prior to appointment, and to be a registered voter at the time of application) Yes [] Nor }, 3. Have you ever been convicted for anything other than a minor traffic vinlaticn? Yes [ 1 No [ ] 4. If you answered "YES" to #3 above, please explain: ,(p 41'6 F'n �- d, .✓r, 2 itee','f tfrio 5. no you r inu! •ua any immediate family menthe: t:,E,r:Gi,,.:, children, siblings, parents) have a financial interest in, or are you an employee or officer of any l:'ui'. ::.. ...11. : 'ti'ncy which does business with the City of Spolcanc Valley? YES [ ] NO >4 if yes, plea -,L: ,. 1I 6. Is any member of your immediate family currently L:1 1: L oyctd, c thor L::. mac, , ]],, tic City of Spokane Valley, or currently perform an)' volunteer work for the City of Spokane galley? VI : i [ ] NOM If yes, please explain: 7. Would your appointment creatc a conflict oi: intcre..t or ail appearance of conflict ofinterest? YES 1 J If yes, please explain: 8. Please list your employment for the past ten years: NAME OF EMPLOYER POSITION BELO DATES OF EMPLOYMENT 9. Please Hsi the professional affiliations, clubs, social, or fraternal orgunizaTiou to \Ole you belau.g clr hold IL145-1 A•r‘h.la i 1 A ,,,-- 1 pi. d,-,7-07 ,,,p r beve-4/04-0-41- .g.,-lokr,F5 office: A 111 ?lease list your special &ills anclipr i ni s: 4 -Ad 11. Please 1st your volunteer expetiencc, cr Any r,oveFrunental board, committee or GOITIMiSSiOn: F.ime..loiat An? 1,41, 402, -*'511:12 1. jor tie TO: C. FROM: TO: FROM: TO: :IR': voiLiii in iii. interim position as a Spokane Valley City Councilmember? 4- ve- viDL 4-0 inepx. 4 1116.-Lril /46 401 -e --KA ei44 WCIOL:101,6t4 etLy441,C, b e_ rikpve.: 4, VP IVed perel-t -ft 1)0 rt-,- 13. What arethe three highest prioriti y 4.,1, I [iiiive the these issues? _ } R y v(--.7,5 - t---. ,,,,z„.5./e-- 1 Tri,,,, , ),,,.' 4- 0..1} . ✓: , ra ii "t t _fJ� E i4,-) r+ p{ � �J .t ��".. ity needs to ad ess? He ,: rTrr tr 4 :'i: tiropi: c [o address r a • • y .00 +y �I _-1' .0_.e°. ? I� rt• v'Yr L 1. . rr Sw ti rM i eL+ GGrph ] 4. Have you ever attended a tnee.ing of rho Spokane Valley City Council? 4" ELS ' If yes, give an estimate of how itiar .y im ctings you have attended in the past year: lvt�l i 47/ 15. Appointment to the City Council will require your attendance at numerokrs regularly scheduled and special meetings, which genera[ly occur or 'Iiicr,rl,:t .Vc.27tingS. Councilmembers are also r:xpecterl in leen ent the City of Spokane Valley by serving on Viri, nInmissions, committees and boards. ,Are you a laic to commit your rime and energy to participate Ill_. Lis tlrc Spokane Val[ey City Council. vl;S f NO [ 16. References: Please list name, addr,-; : T,.1 pIicnc number: 1. r --- 54-,60e- /3 75-5- 330 • l 4;27' ' ci 2, ollataii Ui a 1411t,46./c-- -&14 41 Once submitted, applications and related materials become a public record subject to public disclosure, and will appear in tilt! Council agenda packet for the July 19, 2016 City Council meeting. Interviews are tentatively ,c[tec[ulectl for 0_, ncning of July 19. Selected applicants will be notified of the exact date and time of the interview ince ail ,i1,l'iications [iny been received and interviews determined by Council. Final aciivn appointing candidate to el �.tia,Tice will take place in the open public meeting, which is anticipated to occur July 26, 2016. No City cctcJ of> k.vr shall hold any other office or employment within the Spokane Valley City government. 1 certify, under penalty of perj ury under the laws of the Stater of 1 'ashington, that the :Oregoing is true and correct. r 1%j/ ✓4�g,._.!.41/4 SI%[rlg LATE David Starr 13717 E. 22nd Lane, Spokane Valley, Washington, 99216 USA, S09-742-0661, pf1212rnsn,com Skills Firefighter EMT, Haz-mat Tech Incident Command Emergency Medical Tech. 30 years Banquet Capt., Excellent Customer Skills work well with others eye for details 3 years Hotel Security and Safety officer 2 years Experience Firefighter, June 06 1981 — Present with the break in service for the prior positions USAF , Fairchild AFB, Washington, USA Worked for the Department of Defense as a Firefighter for 30 years looking to transition into my second career. I worked as a Lead firefighter Driver/ operator and firefighter. I have and continue to respond to emergency Air craft incidents structural and Emergency medical calls. I train new Airmen in the Firefighting career field and manage their advancement and upgrade training. Banquet Capt. 1993 - 1994 Hilton Hotel and convention center, Salt Fake City , Utah , USA Worked with Sales Department and Kitchen management to ensure functions where set up staffed and ready to go on time. Ensured set .gyp staff where briefed and had the proper set up in the proper room and the proper set up. Ensured banquet staff were trained and on time to functions utiliaed expertise in set up and table setting from long term staff. Ensured that banquet storage and equipment tivhere maintained and cleaned at the end of each function. Completed billing and forwarded information to the billing department after proper courts and tipping inforrnatiorr where recorded. Worked with and retrieved meals and banquet line set ups were completed in a tirnely manner. At the end of the function supervised and participated in clean up and any prepping that was required for the next day or next fwnction. Alwv.ys dressed profe.,.io:iia'Iy and worked to ensure that quest and clients were very happy if not took Steps to correct 6rry !!,0itTi-;mings or Errors to their satisfdcticn. Banquet Capt. Security Officer Loss Prevention, 1992 — 1993 Homestead Resort and Hotel, Midway, Utah, USA Started out working Security expressed an interest in banquet Capt, position and was selected co be trained to take over that position when the Banquet captain let to take another position out of the state Trained on set up table settings equipment used for banquets vs. single meals. set up displays and ensured the tables were properly set up. Learned billing and tipping responsibilities. Taught clean up and maintenance responsibilities to staff and ensured they were in compliance with set standards Security Night MOD ,1994 - 1994 Crowne Plaza Hotel , Seattle , Washington , USA Managed security during my shift for a 32 story property in the heart of Seattle, Did 1. and l reports vehicle Damage reports and trespass citations. The Baseball Teams that played against the Mariners stayed at the Plaza and always had a high volume of autograph seekers in and around the property. Night Manager had control of ali locked facilities evening shut down of kitchens inspection. And quest service expert. Education and Training Spanish Fork High School, 1978 Spanish Fork, Utah, USA General Education, Diploma General Education studies US Air Force Fire Fighting Academy, 1978 Chanute AFB, ILL, USA Fire Science, Certificate 6 week intensive Fire Academy basic firefighting crash rescue structural and basic Emergency medical training. OJT, 1992 Heber, Utah, USA Banquet operations. participated in an On the Jod training prograrn to operate and maintain the banquet facilities and operation at the Homestead Resort aid Hotel. A privately owned property with Golf course and pool facilities. Worked on Steven CnvcyS Seminars and training program. And facilitated the banquet functions and billing for the guest and the perties they book with the property. Utah Valley State College, 1993 Orern, Utah, USA Fire Science, Certificate General Fire Science program with emphasis on Crash Rescue program and Fire Ufficer Leadership.. Other significant information 80% Disabled Vet. Member o` the Veterans of Foreign Wars, International Templars and NRA. Gulf War Veteran, I was Awarded the Airmen's medal for heroism. Union President Fairchild AFB for S years and consultant en going. Rcfcrence; 41one 13755 330 W. Payson Utah 84651 O1-- 27-9569 Shawn Welch 4231 E. 14th Ave Spokane WA. 99202 509.990-9328 Matt Shea 19402 E. 4t Ave Spokane Valley WA 99216 509-869-9647 .0004Valley. CITY OF SPOKANE VALLEY 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (509) 921-100D APPLICATION FOR CITY COUNCIL MEMBER POSITION #2 or #5 " To be considered, you rntist be a resident of the City of Spokane Valley. Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City Council. Completed and signed applications rntyst be received at t]ie City Clerk's office, 1 1707 E. Sprague Avenue, Suite 106, no Tater than 4: .m. Frrda Ma 13 2016 (late arriving mail vod11 not be accepted). Applications may be hand -delivered or mailed. Faxed ore -nailed appllcftians nat be accepted. da.„, Name: + in " (Last)(Middle) (First) Complete Horne Mailing Address: J !/ 6----. i 'p 16fr' ./1 ,b 7 Be sure to include City and Zip Cade If you have lived at your current address less than one year, please list your previous addresses and state Ito tit° long you lived at those resid.era_oes: Complete Previous Address Length dila-lie at this Address Home Phone: ( v Fax: (501_ q/R,8 - 27/ Business Phone: (W. + v'd - s.:7 e Ce11: (op 57 E-mail: LJ 1- '1, ,0:q .fell `? f1 LI' tai . c 11 Occupation: ( if retired, please uttnicatc former occupation) -CC-14i, ' I"-2) .C.7(?) Business Address: :' e ":1 Educational 1/2'7,1 �� I Educational Backgrol �1 �. � .� Yes I) ] No[ ] L Registered voter in the City ofSpnkane Valley" 2. 1Ta fe you continuously resided within the city limits of the City ol-Spokane Va!]cl, for a year or more? (State requires a c❑uncilmertlber to be a resident ofS ok:zne Val Icy [or at least a year prior to ul•'pci itmerrt, and to be a registered voter at the time of application.) Yes Nc L ] lave you ever been convicted of anything other than a minor traffic violation? Yes [ il'you answered ` YIDS" to #3 above, please explain. No tom] 5. Do y ?u or your spouse or any immediate family iii .! tl;•rr ; pousc, children, siblings, parents) haw a financial iirt :rc.ii in, Lir <;rbyou an employee or ref icer of ii: v busiress or agency which does business with the City of ltipt5k:inv. Valley? `i' NO [ ] if �o=, t,l•� 4�>.:}�lairt: :17 (:0,17,-k �{�� c -fed (:7.. ! 122 ernf t b '�� JL fix ; 1 i- a - f 1 J y �- r a7lic disclosure. 011(.0 s,,broiricd, iippllw;ttt.,: l ,c.ci :i Tut lir.:i,:.:1=" ilk; i`ll ,i ni:l:a;: ` :I!:' . ui Al r ai),ItitC C r}t 6.1s any member of your immediate family currently employeci„ Lt it her i-nO: I 1 (.4 o;it-[ 11H2,'by CV CiLy Of %. Spokane Valley, or currently per5wra any volunteer work for the City of :Ann,: TF.S [ j NO lf yes, please explain: 7. Would your appointment create- a conflict of interest or an appearance of a of intc..rest'., NO If yes, please exp]ain: 8. Please list your employment for the pit ten years: NAME OF EMPLOYER POSITION HELD frftw6.,7;9J14%/16:-, no0i15'd(ath rethr DATES OF EMPLOYMENT 9. Please list the professional affiliations, clubs, soda!, or fraternal organizations to which ypu belong or hold office: A 5,5410`ai" Lf' 614 ,....-134,01C2,61 • 1.1t- re'94/4.7,4c,,:e 414— //164Ace, -kr-- 01144 ret Citr 441,5,,sla 1 ,- 10. Please list your special skills and.lor intermls: J-ery ("27Wts , c r 41"7,5 C- C if /I' ) Ait • 'jai If "112 AI orI I kt e I t; en pm ' .= +I) C 1 L PteasMis OW volunteer experience, and tneride any vroiunte r pain positions held on any governrnontal pLyiy, board, committee or commission: 694,fne oki 5:0/04647 ROM: „?DO 1 TO: a 00 8- tigiorker FROM:143/7 TO: rdzomT t2/B, TO: PieeSOZ.,44 FROM: j_22 TO: ;--2e 1 () 12, Why are you interested in serving in this interim position as a Spokane Valley City Councilmember? p 1? in 1iri,err.57,0/ s cr.y-7 oe ee. 5/ T d4 ere din" Le -e 6(____hc_a4e5 red tIrli Oce su tted, applications bee° rm /V-/- pet.) "1,24y2 a property of tho City of Spokane Valley and are subject to pub le disclosure. 1 What are the three highest priorities you be6ive the City needs to address? .How would you propose to address these issues? PtAdic, r ch�� 171A 14. A'Y _10-624epi I -1-5 air a -14- S.. j . a t. r •i r''� ddf d v{iry f' J oaf- gyp'''" /.-75 - -�• Oar C1 '. ;J tiLA cue 74 /11C-2. ;, h fit,re;ir t 2-s adi 14. Have you ever ended a meeting of trta'Spokane valley City Carunei 7 bS �1 NO [ ] If yes, give an estimate of how many meetings you have attended in the past twelve months: 0 15. Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur on Tuesday evenings. Cour_cilmembers are also expected to represent the City of Spokane Valley by serving on various regional commis ii: r , ec nttnittecs and boards. Are you ab a to commit your time and energy to participate fully as a member of the p a :aI lC 't"_, llE°y C' :t Courtin, YES 140 [ ] 16_ References: Please list name, address and phone number: 1. zbm G 2. 71-0,p7' Gar h ' "(-,).. . Pr 9I1 4147-MS7 S e th//P VrAJ4. Once submitted, applications and related material 1 =.t,n} F }11 1 rr.-c,rct 5:111,itct to public:.:lisclasura, and will appear in the Council agenda packet for the June 21. 21)1 G. Council n;s"eting. Interviews are tentatively scheduled for the evening of June 21, 2016. Selected ;api;1.canis will 1•c no iticd of the exact elate and i7_-_ite interview once all applications have been received F is }a. action a candidate to c l.. r 1 -t: c C %,111 -,,kc place in the open public meeting, which is anticipated to occur J11n.:2016. No City elected a::iE..:r ;i1 t! fold any other office or employment within the Spokane Valley City gov,::r ..an:r:t, Signature: (* Applicants will first � l 1 451t1UI#2i ':.S11N,} €}neesubmitted, applications become the property ofthc ll } ii a:r auh,cct to public disc[osu.L_ CITY OF SPOKANE VALLEY 11707 E. Sprague Avenue., Suite 106 Spokane Valley, WA 99205 (509) 921-1000 1 APPLICATION FOR CITY COUNCIL MEMBER POSITION #2 or #5 To be considered, you must be a resident of the City of Spokane Volley. Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Va1Iey City Council. Completed and signed applications must be received at the City Clerk's office, 11707 E. Sprague Avenue, Suite 106, no later than 4:44 p.m. Friday Mat 13, 2016, (late arriving mail will not be accepted). Applications may be hand -delivered or mailed. Faxed or e -mantled applications will not be accepted. Name: (Last) (Middle) (First). Complete }-Lorne lviailing Address_ .�. 1 ., ° Be sure to include City and Zip o* e if you have lived at your current address less than one year, please list your previous addresses and ate how long you lived at those residences: Complete Previous Address Home Phone: Length of Time at this Address AI x rn jbq 6r I 97.7-g0.9 FaX ( ) Business Phone: 5E11) - F { 7 7 Occupation: (if retired, please indicate farmer o`ion I r 14 C'FtT vex/ /4 .D. I t Ti Arlt •4 � Busiess Address: 1 r 3 L )-•''C .j d6 ' .-1 CIf Educational Background. 4-SICe'r,I`73" . tj � �-- � e eel c: xi Cep CeII:Y,t) 1. RRcgisR red voter in tl.e City o:` Spokar3e Valley? Yes Nc l 2.1•irive you continuously resided within the city limits of the City of Spokane Valley for a year or mom? (State law rr;rju i res a cmini.i lti i i tl:: r to be a resident of Spokane Valley for at least a year prior to appeinttnert, and to be a registered vc Ler E t thc time of application.) Yes Tx No I i 3. Have you ever been convicted of anything other than a minor traffic violation? Yes [ ] iso t>C1 4. If you answered "YES" to #3 above, please explain: 5. Do you or your spouse or any imriediate family member (spouse, children, siblings, parents) have a financial interest in, or are you an employee or officer of any business or agency which does business with the City cf Spokane Valley? YES [ 1 140 If yes, please explain: _ 6. is any member of your immediate family currently employed, either full time or part time, by the City of Spokane Valley, or currently perform any volunteer -work for the City of Spokane Valley? YES [ ] NOJ if yes, please explain: 7. Would your appointment create a conflict of interest or an appearance of a conflict of interest? YES [ ] lV If yes, please explain: S. Please list your employment for the past ten years: NAME OF EMPLOYER POSITION FIELD DATES OF EMPLOYMENT 4flo, C Eke (A'O1( (kir e ff 1 r _ . --)1049 i(L 7,e),, I 9. Please list the pref:lissiorial affiliatia s clubs, social ar fraternal organizations to whi h you belong or hold To 4S — 11:16.. r 10. 1'1;_;;tiL Ili(. Y C..1F ~Hi-fis arLdlor interests: (L'IA!!oti c L L. Pleat.o..-t list your volu:Lt::cr experience, and include any volunteer or paid positions held on any gpvernmental l:naid_ coiriiitittee or c,�}:nmissian: FROM: FROM: FROM: FROM: TO; TO: TO: TO: 12. Why are you interested in serving in this interim pos. i ii7 as IUy City Councilaiieinber? 7 (i) , SI k --ri,i4e, 01-1 come; ) .0, Je_ , , . i) , u n Gr1"C! a61- -ZiCa'S f6c_ 1 vii raT Grate C evs_ITE60 A 11105.))daa) 0 a1 (.t ) e / it / C S ig,f Cr I veva crf 13. What are the three highest priorities you believe the City needs to address? How would you propose to address these issues? • - Tbr, id& S' t f 71 Ail) ,,,Lfrc,: 0.9 rzdF,:, C h A 45gs .4. eid_h 4 4 F:r_._A' I i\C E_ Sfr.11', i'_.i _7),AJ , 1 _ # -_S5 /&' . Ci ';0_. s,.rs r (-3,,i,--e? rvi„ yycz.: (1.). -...JI -i 6,4(s ') a ...Dv, Ci,j ill ;-').,:vii-j-Ifil- ,,yr -2.1 ::). Lir v Ci,i-ii:, , �±F.�i� t,/c �t ii 1 .1/ i. Y`. L'i - �,rV O r Ic i n fi li(Yd 1! _ i, r i° d. ffff +) ,[y� j/}� L",,yr�/q�J��Jf� yqJ Y _ �r _ j f 1 Zi) vLf J a (.' ,e EP6 Ns coo L.r v S )11. _Old 1-') 3 . 0y: _7 191 Ca& nkL.+C - o c7C 0-/kfa-la a 6 freca L j .-.e c'� `i jos 1 c 1f yes, give an est imat m of hour many meetings you have attended in the past twel 14_ Have you ever .atter . cd a meeting of the Spokane Valley City Council? YES NC [ ve me S nt s:A.. l .r 15. Appointment to the City Council will require your attendance at numerous regularly scheduled and special meetings, which generally occur on Tuesday evenings. Councilmernbers are also expected to represent the City of Spokane Valley by s rvinp, c n v.•urir_xr.is regional commissions, committees and boards. Arcu able to commit your time and energy to participt ic.:roily as a member of the Spokane Valley City Council. YES NO [ ] 16. References: Please list name, address and phone number: 1 ;79f -IV --5,23o 2. flor Y -l'.4 A 1< ?-376 ' ?S3.Pet • S-6 0 I'S I 97 J 3769 Roc K . ';03( Once submitted, applications and related materials become a public record subject to public diaclemure, and will appear in the Council agenda packet for the .lune 2L 2016, City Council meeting. Interviews are tentatively scheduled kir the evening of JILne 21, 2016. Selected applicants will be notified of the exact date and time of the interview once all applications have been received. Final action appointing a candidate to elective office will take place in the open public meeting, which is anticipated to occur June 28, 2016. No City elected of5cer shall hold any other office or employment within the Spokane Valley City government. �'' Toda s Date: /6 Signature: r'�`' ( Applicants will first be chosen for Vacant Poi f:n #2, followed by Vacant Position #5) See repky be!aw. Ang'likSorenson, ?ablic Wenn Inter City efSpokane Val!ey 509-720-51:13 p4kaneualler.or From: david wiyrick[maiito:dwivrickcaahotrnaii.coin1 Sent: Wednesday, lune 01, 2016 12.49 Pm To: Angelik Sorerison Subject: Re: Six Selected to Interview for Council Vacancies Hello. I read my qualifications and for information I also attained executive management certification by the Washington State Criminal )ust.ice Commission including the FBI CJTC/FBI Command College and attended numerous college courses including Texas A&M and have all my certification attendance documents in my possession h addition 1 have received the high FEMA managements Certification after attending years of training including emergency management and responding and managing terrorist events and natural disasters. l was a certified trainer and incident commander on natural disasters and designed training exercises for emergency responders. I also received FEMA PIO training and would instruct other PIOs in Incident Command System In addition 1 would set up Joint Information Centers and manage the press releases and manage the responding media. In addition I would prepare daily press releases for the Sheriffs Office. I guess Associates Degree does not accurately describe my education and training. Thanks Dave Wiyrick Sent from pan. On Jun 1, 2016, at 12:09 PM, City of Spokane Valley <asorenson@,spokanevalley-or > wrote: osof\g„ SPliane .00.0"Valley 11 707 E Sprague Ave., Suite 106 * Spokane Valley, WA 99.206 509.921.100 i Fax' 509.921.100a* ciyhallgspokanevallay.org For information, contact: Carolbelle Branch, P10 City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 509-720-5411 Fax 509-921-1008 Email: cbranch snnkanevallev.org MEDIA RELEASE 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Check all that apply: ❑ consent ❑ old business ❑ information ❑ admin. report Department Director Approval: ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award — Pines Road (SR 27)/Mirabeau Parkway Intersection Project #0238 GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: Council adopted the 2016-2021 Six Year Transportation Improvement Program which included this project, June 23, 2015, Resolution No. 15-005; Motion to approve TIB grant application for this project, July 14, 2015; Info RCA June 7, 2016; Approved Resolution 16-005 adopting the Second Amended 2016 TIP which also included this project, June 28, 2016. BACKGROUND: The City received a Washington State Transportation Improvement Board (TIB) grant on November 20, 2015 for the construction of a traffic signal at the Pines Road (SR 27) and Mirabeau Parkway intersection. The work includes upgrading the curb ramps to meet current Americans with Disabilities Act (ADA) standards, pedestrian push buttons, pedestrian heads, crosswalk pavement markings and installation of a catchbasin with a spill control separator at the NW corner of the intersection. The goal is to complete construction adjacent to Trent Elementary School while the students are on summer break. This project is funded with 80% TIB funds and 20% City matching funds. Public Works staff designed the project. Bids are scheduled to be opened Friday, July 8, 2016. A copy of the bid tabulation will be provided at the council meeting for award consideration. OPTIONS: 1) Award the contract to the lowest responsive and responsible bidder, 2) Not award the contract to the lowest responsive and responsible bidder, or 3) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Pines Rd (SR 27) and Mirabeau Parkway Intersection Project to in the amount of $ and to authorize the Acting City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The total project budget is $446,338. The TIB grant will pay 80% ($357,069) and the City will pay the 20% matching funds ($89,269). There are sufficient revenues in Fund 302 to cover the cost for this project. STAFF CONTACT: Steve M. Worley, PE —Capital Improvement Program Manager Eric Guth, PE — Public Works Director ATTACHMENTS: Bid Tabulations to be provided at the Council meeting CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: WSDOT 2016 Call for Projects - Innovative Safety Program GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Info RCA June 28, 2016, and an Admin Report presented to City Council on July 5, 2016. BACKGROUND: The WSDOT (Washington State Department of Transportation) issued a call for projects for the 2016 Innovative Safety Program. The purpose of the program is to reduce fatal and serious injury collisions on public roads using innovative safety improvements. This WSDOT call for projects is specific to four project improvement categories; 1) high friction surface treatments at sharp curves, 2) intersection conflict warning systems, 3) projects to increase traffic signal operations or visibility, and 4) compact roundabouts. WSDOT considers these four improvements/countermeasures to be low cost, able to be delivered quickly, and have a high potential to reduce fatal and serious injury collisions. In 2014 the City was awarded Highway Safety Improvement Program (HSIP) grant funds to install retroreflective borders on traffic signal backplates at 10 signalized intersections that had the highest crash rates. Staff reviewed the grant criteria for this call and has determined that the City can continue its effort to install reflective traffic signal back plates at several more intersections. Staff recommends pursuing these funds to improve the safety at the City's next busiest signalized intersections. According to the Federal Highway Administration (FHWA), the use of backplates with retroreflective borders may result in a 15% reduction in all crashes at urban, signalized intersections. City staff reviewed the crash rates at the City's remaining 80 plus signalized intersections and found 14 intersections that would be strong candidates for this grant opportunity. These intersection locations are shown on the attached map. The expected cost for this project is $140,000. Many intersections have traffic signals that have reached the end of their service lives and will not accommodate new retroreflective backplates and will be replaced with this project. Replacing traffic signals qualify for these grant funds and are included in the total cost for this project. Preliminary engineering/design, right-of-way, and construction phases of projects are eligible for funding. Project phases that start by August 31, 2017 are each eligible for 100% federal funding (no local match required). Staff would plan to begin all phases of this project prior to the August 31, 2017 deadline to receive the 100% federal funds. Applications are due on July 31, 2016. OPTIONS: 1) Approve the list of recommended projects for the WSDOT's 2016 Call for Projects - Innovative Safety Program as presented, 2) Revise the list of locations, or 3) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the Acting City Manager or designee to submit a grant application for WSDOT's 2016 Call for Projects - Innovative Safety Program for a Signal Retroreflective Backplate project for the fourteen intersections identified on the attached map. BUDGET/FINANCIAL IMPACTS: No financial match is required for this project if the project is under construction before August 31, 2017. STAFF CONTACT: Sean Messner, P.E., Senior Traffic Engineer Eric Guth, P.E., Public Works Director ATTACHMENTS: Slide from 2014 Council Presentation showing Reflective Backplate Map showing list of Reflective Backplate Intersections Recommended Systematic Project •Yellow Reflective Backplates •Adds additional awareness to traffic signal indications •Recommended at signals per MUTCD 1 Slide from 2014 City Safety Program Call for Projects Presentation June 24, 2014 Proven Safety Countermeasures Backplates with Retroreflective Borders Backplates are added to a traffic signal indication in order to improve the visibility of the illuminated face of the signal by introducing a controlled -contrast background. The improved visibility of a signal head with a backplate is then made more conspicuous by framing the backplate with a retroreflective border. Taken together, a signal head equipped with a backplate with retroreflective border is made more visible and conspicuous in both daytime and nighttime conditions, which is intended to reduce unintentional red-light running crashes. Background A project initiated in 1998 by the Insurance Corporation of British Columbia and the Canadian National Committee on Uniform Traffic Control investigated the effectiveness of applying retroreflective tape around the borders of traffic signal backplates. A small number of signalized intersections were treated and followed up with a simple before/after study, which concluded that the enhancement was effective at reducing crashes. A larger number of sites were subsequently treated and a more robust statistical study was performed. Since their initial introduction in Canada, several U.S. State highway departments and local road agencies have adopted practices and policies concerning this countermeasure. Additionally, the FHWA has encouraged this treatment as a human factors enhancement of traffic signal visibility and conspicuity for older and colorblind drivers. Adding retroreflective borders is also advantageous during periods of power outages when the signals would otherwise be dark. The retroreflective sheeting continues to provide a visible cue for travelers to take note of the dark signal and adjust their actions accordingly. Per the study included in the Crash Modification Factor Clearinghouse, the use of backplates with retroreflective borders may result in a 15 percent reduction in all crashes at urban, signalized intersections. Guidance Backplates with retroreflective borders should be considered as part of efforts to systemically improve safety performance at signalized intersections. Adding a retroreflective border to an existing signal backplate can be a very low-cost safety treatment, as the materials are simple strips of retroreflective sheeting. For existing traffic signals that lack even standard backplates, the addition of backplates with a retroreflective border can often be accommodated on existing mast arm and span wire assemblies, but the structural capacity of the supports must be properly evaluated. The most effective means of implementing this proven safety countermeasure is to adopt it as a standard treatment for signalized intersections across a jurisdiction so that it is consistently included with all new construction and modernization projects, as well as being a worthy retrofit project for existing signals at intersections with red-light running crash histories. It is important to note that the Manual on Uniform Traffic Control Devices (MUTCD) specifically allows this treatment as an option that is discussed in US. Department of Transportation Federal Highway Administration cInSafe wads fora Safer future Investment 111 roadway safety saves flues http://safety.fhwo. dot. gov Part 4. In terms of color and size, implementation of backplates and retroreflective borders must be consistent with the latest edition of the MUTCD. Key Resources Retroreflective Borders on Traffic Signal Backplates — A South Carolina Success Story http://safety.fhwa.dot.gov/intersection/resources/casestudies/fhwasa09011/ Manual on Uniform Traffic Control Devices (2009 Edition), Part 4D Traffic Control Signal Features http://mutcd.fhwa.dot.gov/htm/2009/part4/part4d.htm#section4D12 FHWA Interim Approval for Use of Retroreflective Border on Signal Backplates (prior to 2009 Edition) http://mutcd.fhwa.dot.gov/pdfs/ia_retroborder.pdf Florida Department of Transportation, Plan Preparation Manual, Chapter 7 Traffic & ITS Design (Section 7.4.17) http://www.dot.state.fl. us/rddesign/PPM Ma n ua l/2009/Vol u me1/zCha p07. pdf Senior Mobility Series: Article 4 - Marking the Way to Greater Safety, FHWA Public Roads Volume 70/No. 1 http://www.fhwa.dot.gov/publications/publicroads/06juI/08.cfm Crash Modification Factor (CMF) Clearinghouse [quick search "retroreflective backplate"] http://www.cmfclearinghouse.org/ Evaluating Impact on Safety of Improved Signal Visibility at Urban Signalized Intersections http://pubsindex.trb.org/view.aspx?id=800943 Road Safety Performance Associated with Improved Traffic Signal Design and Increased Signal Conspicuity http://mutcd.fhwa.dot.gov/texts/miska/miska02.htm#toc FHWA Contacts Office of Safety: Jeffrey Shaw, jeffrey.shaw@dot.gov, 708-283-3524 Office of Safety (Research & Development): Wei Zhang, wei.zhang@dot.gov, 202-493-3317 Office of Operations: Scott Wainwright, scott.wainwright@dot.gov, 202-366-0857 FHWA Resource Center: Timothy Taylor, timothy.taylor@dot.gov, 404-562-3560 FHWA Website: http://safety.fhwa.dot.gov/intersection/ CITY WIDE - REFLECTIVE BACK PLATES INNOVATIVE SAFETY 0 WELLESLEY a SPOKANE RIVER RENT TRENT KIERNAN EUCLID EUCLID I DIANA SPOKANE COMMUNITY COL_LE-GETB S IBROADWA al INTERSTATE FAIR GROUN MISSION MISSION 3RD SPR OUE L - 0 0 0 90 � LIBERTY LAKE 16TH L__ NOTTO SCALE i THORPE CITY OF SPOKANE VALLEY NOTES: REFLECTIVE BACK PLATES Intersection Intersection E/W N/S Appleway Farr Sprague Farr Mission Park 4 Mission McDonald 5 Sprague Argonne 6 Sprague Mullan 7 Sprague Vista Appleway Vista 9 Broadway Bowdish 10 Mission Argonne 11 Mission Mullan 12 Sprague Park 13 Appleway Park 14 Kiernan Sullivan Spokane 4 Valley INNOVATIVE SAFETY CITY WIDE - REFLECTIVE BACKPLATES SIGNAL UPGRADE VICINITY MAP DRAWN BY: RJW DATE: 7/31/2016 CHECKED BY: SDM DATE: 7/31/2016 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: FY 2018 Transportation Improvement Board (TIB) Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of 2016-2021 Six -Year TIP, June 23, 2015; Approval to accept federal STP grant funds from SRTC for the Sullivan/Euclid PCC Intersection project and recommending pursuit of additional grant funds from TIB, February 16, 2016, and an Info Only RCA on June 28, 2016. BACKGROUND: The Washington State Transportation Improvement Board (TIB) issued a Call for Projects on June 1, 2016 for allocation of funding for the Urban Arterial Program (UAP) and Urban Sidewalk Program (SP) for FY 2018. Approximately $75 M is available statewide for funding the Urban Arterial Program (UAP). The anticipated funding level for the Urban Arterial Program in the Northeast Region is about $8.2 M. The East Region Urban Sidewalk Program is expected to be about $1.05 M this year. Project applications are due Friday, August 19, 2016. Staff evaluated the TIB grant criteria and identified several projects that are anticipated to score well and have a high potential to receive funding. Staff reviewed the adopted 2017-2022 Six - Year TIP, the Pavement Management Program, accident hot -spots, and other elements of the city's transportation network. Staff will also coordinate project ideas with the Community and Economic Development Department staff and TIB staff. Based on a preliminary evaluation, the following draft list of projects was developed for consideration. Project Name Total Estimated Cost Grant Request Estimated City Match FY 2018 Urban Arterial Program (UAP) ($'s in 1,000's) Sullivan / Euclid Concrete Intersection (CN) $2,150 * $660 $290 Euclid Ave. Reconstruction, Flora to Barker ** $1,800 $1,440 $360 Mission Pavement Preservation, Pines to Evergreen $1,600 $1,280 $320 FY 2018 Urban Sidewalk Program (USP) ($'s in 1.000's) 32nd Ave Sidewalk Project, SR -27 to Evergreen * Includes $1.2 million in STP(U) Grant funds ** Includes a widened shoulder or asphalt path $540 $432 $108 Estimated project costs are planning -level preliminary estimates and are anticipated to change as more information becomes available and the grant applications are finalized. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The city's match on TIB funded projects is typically 20% of the total grant request. As the proposed TIB applications are developed, staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide the needed match for the proposed TIB projects. Right-of-way is not an eligible cost for sidewalk projects. STAFF CONTACT: Steve M. Worley, PE — Capital Improvement Program Manager Eric P. Guth, PE — Public Works Director ATTACHMENTS: Project Summary Sheets; February 16, 2016 RCA CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 16, 2016 Check all that apply: ['consent ❑ old business ❑ information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ❑ executive session AGENDA ITEM TITLE: Possible Federal STP Grant Funds from Spokane Regional Transportation Council (SRTC) for the "Sullivan -Euclid PCC Concrete Intersection Project" GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Approval to submit the Sullivan -Euclid PCC Concrete Intersection Project, STP(U) Grant Application, September 15, 2010, (Grant funds were received for the PE phase); Approval to submit Grant Application for construction phase on April 30, 2014, (project placed on SRTC's STP Contingency Project List); Project placed back into the Six Year Transportation Improvement Plan for 2016-2021 which was adopted by Resolution No. 15-005 on June 23, 2015. BACKGROUND: Federal transportation funds for the Spokane Region are awarded to projects by the Spokane Regional Transportation Council's (SRTC) Board and then tracked throughout each year by SRTC staff. Once SRTC selects projects for federal funding, all paperwork, processes and coordination to deliver each project is through the WSDOT office of Local Programs. Each year WSDOT Local Programs in Olympia gives each Metropolitan Planning Organization (MPO) in Washington a target for how many federal funds must be obligated on projects by local jurisdictions and agencies in their region by August 1. SRTC is the Spokane region's MPO. SRTC missed last year's target by over $700,000 and the region's agencies ran the risk of losing this amount from future federally funded projects; projects that had already been selected for funding. This year, SRTC is working very hard early on to ensure that the region meets their federal obligation target for 2016. A group of staff from local agencies meet monthly to review the status of each project in the region and each agency's ability to obligate federal funds before the August 1 deadline. Based on this year's obligation target, the region's list of projects and the ability to obligate federal funds, SRTC may need to select and fund projects from contingency lists. The contingency lists are created after each call for projects (STP, CMAQ and TAP) and consists of a ranking of projects that didn't quite score enough to be funded. If additional revenues are available, SRTC may select projects off the contingency list and request agencies to obligate federal funds for those projects to help meet their target. One of our projects, the Sullivan/Euclid PCC Intersection project, is potentially one of those projects. SRTC has additional money to obligate and they would like to fund a project from the contingency list. But because the funds must be obligated this year, a project needs to be ready to obligate funds by the August 1St deadline. The Sullivan/Euclid PCC Intersection project can meet this deadline. This project currently has federal funds for the PE (design) phase. We are approximately 90% complete with the design of this project. We recently asked SRTC to include a RW phase to the project so we can obtain a temporary construction easement to upgrade one sidewalk ramp at the northeast corner. A financial summary for each phase of the project is shown in the following table: Sullivan/Euclid PCC project STP(U) Funds City Match Total PE (Design)* $133,800 $26,400 $160,200 RW (Right-of-way)* $12,525 $2,475 $15,000 CN (Construction) $1,859,750 $ 290,250 $2,150,000 Total $2,006,075 $319,125 $2,325,200 * Federal Funding secured Planned funding Currently, SRTC is estimating approximately $1,200,000 in federal STP funds that could be allocated to the Sullivan/Euclid PCC Intersection project. This is about two thirds the amount requested when the original grant request was submitted in 2014. The amount SRTC has available for the Sullivan/Euclid project could increase if more deobligations of federal funds are realized from other projects in the region. If the City elected to make up the shortfall for the construction funds needed to build the project, the financial summary for each phase would be: Sullivan/Euclid PCC project STP(U) Funds City Match Total PE (Design) $133,800 $26,400 $160,200 RW (Right-of-way) $12,525 $2,475 $15,000 CN (Construction) $1,200,000 $950,000 $2,150,000 Total $1,346,325 $978,875 $2,325,200 There may be an opportunity for additional grant funds for this project if the City submitted an application to the Transportation Improvement Board (TIB) in August of this year. Our request to TIB could be for all or a portion of the City Match identified above. TIB announces their grant awards in November of this year. This is a competitive process, so there is no guarantee that this project will receive a TIB grant. One such funding scenario, if we were successful in obtaining TIB funding, could look like the following: Sullivan/Euclid PCC project STP(U) Funds TIB Funds City Match Total PE (Design) $133,800 $26,400 $160,200 RW (Right-of-way) $12,525 $2,475 $15,000 CN (Construction) $1,200,000 $659,750 $290,250 $2,150,000 Total $1,346,325 $659,750 $319,125 $2,325,200 Please note that although SRTC is looking for us to obligate these federal funds this year, the expenditure of construction funds for this project would not occur until 2017. The SRTC Board met Thursday, February 11, 2016. The City will need to decide whether or not to accept the $1.2 million in possible STP funds for the Sullivan/Euclid PCC project. Spokane Valley appears to be the only local agency that has a `construction ready' project that can obligate a large amount of federal funds prior to the August 1 deadline. SRTC is hoping we can make this happen so their obligation target can be met. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Consensus to accept the STP grant funds from SRTC for the Sullivan/Euclid PCC project and request staff update Council on any additional grant funds that may become available. BUDGET/FINANCIAL IMPACTS: The construction phase of the Sullivan/Euclid PCC project has a proposed local match of $290,250. If $1.2 million in STP funds is granted by SRTC for this project, the local match would increase to approximately $978,875. These would typically be paid for with REET funds. There is a chance SRTC may be able to award additional federal funds for this project. There is also the opportunity to apply for additional grant funds from TIB which would reduce the City's local match. STAFF CONTACT: Steve Worley, PE - Capital Improvement Program Manager Attachments: 1) "Analysis of Real Estate Excise Tax (REET) Revenues and Scheduled Disbursements", 2) Project Vicinity Map SR)'li a ...0.sVal ley Sullivan/Euclid Concrete Intersection Sullivan/Euclid Concrete intersection (RWICN) Project Project Description: The Sullivan Road and Euclid Avenue intersection is experiencing severe ruttng, pavement raveling, and longitudinal cracking. This intersection serves the Spokane Valley Industrial Park and accommodates heavy truck traffic. The pavement is nearing the end of its useful life and needs to be replaced with a steel reinforced Portland cement concrete (PCC) pavement. The intersection side- walk ramps will be upgraded to current ADA standards. All that remains on this project is the construction phase which is sched- uled to be constructed during the 2017 construction season. Benefits of Project: To reconstruct this intersection using PCC Pavement at a designed depth to support turning trucks provides years of service. Ser- vice lives of 20 plus years can be expected with minimal maintenance. This project also removes obstructions to pedestrian and transit users by upgrading the sidewalk ramps for better accessibility. Project Cost Estimate: Construction (CN) = $2,082,000 Total Project Cost—$2,082,000 This project is partially funded using City and Federal STP Urban funds. Euclid Reconstruction Project, Flora to Barker Mill I '4.111 r, k 11 IDI 1111111 rive 3 St Ili 1 11 c pC Euclid Reconstruction Project Flora - Barker Spokane Valley industrial Park I ldust i i P t S Project Description: Spokane County is planning to install a new 18" sewer line from Flora Pit Road along Euclid Avenue to Barker Road. The new sewer line will run under the existing road in the City's right-of-way. The average pipe depth in Euclid will be about 10 feet deep and will be a significant trench in the road when installed. Based on the City's Pavement Management Plan and field review the road should be replaced when the sewer line is in- stalled. This project will reconstruct Euclid Avenue from Flora to Barker Road for a 1 mile project. The roadway will be 28' wide, with one lane in each direction and two foot shoulders along each lane. The projects provides new gravel shoulders and a 10 foot wide shared -use path on one side of the street. Benefits of Project: A new sewer line provides a new sewer service to large tracts of developable industrial zoned land and a new road provides good access to these tracts for many years to come. New bicycle and pedestrian facilities pro- vide good east -west transportation choices for people living and working north of the Spokane River near the Cities northeast city limits. Estimated Project Cost Preliminary Engineering = $146,000 Right Of Way (RW) = $264,000 Construction (CN) = $1,390,000 Total Project Cost— $1,800,000 Mission Preservation, Pines (SR -27) to Evergreen Mission Ave Pavernent Preservation Pines (SR -27) to Evergreen Mission Ave Project Description: This project will place a thick overlay (2.5 - 4 inches) on Mission Avenue from Pines (SR -27) to Evergreen Road. In addition, sidewalk ramps at intersecting streets will be replaced to comply with current ADA re- quirements. This project will also upgrade the current stormwater system. Benefits of Project: This project was identified in the City's 2015 Pavement Management Analysis Report as needing a thick over- lay. Placing a new overlay on Mission Avenue extends the life of this roadway for several years to come. Mis- sion Avenue accesses I-90 at the Pines (SR -27) interchange on the west end, provides access to professional services and the City's hospital, low and high density housing, and the retail sector at the Spokane Valley at the Mission Connector at Evergreen Road. New sidewalk ramps will remove obstructions for pedestrians. Estimated Project Cost Preliminary Engineering = $175,000 Right Of Way (RW) = $15,000 Construction (CN) = $1,410,000 Total Project Cost— $1,600,000 32nd Ave Sidewalk, Pines (SR -27) to Evergreen Spokane Valle 32nd Ave Sidewalk Project Pines (SR -27) to Evergreen Project Description: This project proposes to construct new curb and sidewalk along the north side of 32nd Ave from Pines Road (SR -27) to Evergreen Road. New drainage facilities will be installed to catch and treat stormwater. New ADA compliant sidewalk ramps will be placed on all street corners. Benefits of Project: A continuous sidewalk along 32nd Avenue removes obstructions for pedestrians and transit users. 32nd Av- enue ramps up to the Pines Road intersection on each side of the state highway. Sidewalk at the northeast corner of the intersection provides better visibility by removing the guardrail sight distance obstruction and placing them in the driver's view. New double depth drywells, SPC catchbasins and swales will be added to the project to correct drainage deficiencies. Estimated Project Cost Preliminary Design (PE) = $40,000 Right Of Way (RW) _ $ 0.00 Construction (CN) _ $500,000 Total Project Cost $540,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Greenhouse Gas Emission Reduction Policy GOVERNING LEGISLATION: RCW 70.235.070 - Distribution of funds for infrastructure and capital development projects - Prerequisites PREVIOUS COUNCIL ACTION TAKEN: Info Only RCA, July 5, 2016 BACKGROUND: In 2009 the State of Washington adopted RCW 70.235 related to Limiting Greenhouse Gas Emissions. RCW 70.235.070 specifically reads: "Beginning in 2010, when distributing capital funds through competitive programs for infrastructure and economic development projects, all state agencies must consider whether the entity receiving the funds has adopted policies to reduce greenhouse gas emissions. Agencies also must consider whether the project is consistent with: (1) The state's limits on the emissions of greenhouse gases established in RCW 70.235.020; (2) Statewide goals to reduce annual per capita vehicle miles traveled by 2050, in accordance with RCW 47.01.440, except that the agency shall consider whether project locations in rural counties, as defined in RCW 43.160.020, will maximize the reduction of vehicle miles traveled; and (3) Applicable federal emissions reduction requirements." While a greenhouse gas emission policy is not technically required when applying for state grant funds, to comply with RCW 70.235.070, grant agencies are awarding project points to jurisdictions that have a greenhouse gas emission policy. Points awarded vary depending on the grant agency, but all agencies award points to jurisdictions that have adopted a greenhouse gas emission policy. For example, the Transportation Improvement Board (TIB) awards 1 point out of a possible 100 points. Last year, the average winning score for applications in Eastern Washington was 63, so although 1 point is somewhat insignificant, the extra point gives the City about a 1.5% better chance to receive TIB project funds for all TIB project applications. For the Department of Ecology stormwater grant applications, a greenhouse gas emissions policy accounts for from 33 to 50 points out of a total of 950 points. Winning scores for these grants statewide are scores above 600 points. Having a greenhouse gas emissions policy would increase the City's chances of receiving projects by from 5.5% to 8.33% for all Department of Ecology project applications. Currently, the City of Spokane Valley practices measures to reduce greenhouse gas emissions that include: • The City has adopted a Comprehensive Plan that includes Transportation, Land Use, and Bike and Pedestrian elements that reduce the need for additional vehicle trips for people seeking goods, services, and work in and around their neighborhoods, • New street and traffic lighting includes new LED -type lights, using less electricity, decreasing the City's greenhouse emissions, and the dependence on foreign oil, • The City has adopted a pavement cut policy, reducing preliminary pavement failure and thereby decreasing the likelihood of additional work to fix problems, • Pavement preservation projects for the city undergo an engineering analysis to determine if hot -in-place recycle or warm pavement can be used to reuse as much of the existing pavement as possible. Existing pavements are milled (with a large grinding machine) and then recycled into new pavement. Currently, all new asphalt mixes can include up to 20% of recycled asphalt. • The City currently integrates work with other City departments, agencies, and utility companies to combine all work within a project's boundaries so that multiple projects can be constructed at the same location, i.e. water, sewer, street, power, cable, etc. Greenhouse Gas Emission Policies vary in complexity depending on each jurisdiction's need. For example, King County's Policy is 39 pages long with four technical appendices. Other jurisdictions in the State have policies less than two pages. Reviewing other policies adopted by cities in the state, staff will assemble a sample Greenhouse Gas Emissions Policy for review. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Minimum financial impacts as policy will focus on suggestions related to what staff is currently performing to meet current business practices. STAFF CONTACT: Steve M. Worley, PE - Capital Improvement Program Manager Eric Guth, PE — Public Works Director ATTACHMENTS: Draft Greenhouse Gas (GHG) Emissions Reduction Policy CITY OF SPOKANE VALLEY, WASHINGTON DRAFT GREENHOUSE GAS (GHG) EMISSIONS REDUCTION POLICY A. PUBLIC BUILDINGS 1. All new publicly funded buildings should be cost-effective, energy-efficient design. 2. Encourage energy conservation practices in buildings by raising the awareness of employees' own energy use. B. EMPLOYEES 1. Support an alternative commute -trip reduction program which includes car-pooling, van -pooling, walking, biking, flex -work schedules, and the use of public transit. C. FLEET / VEHICLES 1 Consider cost-effective, and energy-efficient fleet vehicle replacements. 2. Consider methods to reduce pollutants from transportation activities, including through the use of cleaner fuels and vehicles, increasing alternatives to driving alone, and reduced vehicle idling time. D. PURCHASING 1. Consider purchasing practices and standards to support reductions in GHG emissions, including preferences for energy-efficient office equipment, and the use of recycled materials and manufacturers that have implemented energy-efficient management practices. 2. Review bidding standards and contracting practices that encourages overall cost- effectiveness and GHG emissions reduction. E. EQUIPMENT 1. Manage street lighting needs by applying lighting standards and using lamps that will assure safe and effective illumination at minimum cost and energy use. 2. Consider efforts to reduce pollutants from transportation activities, including through the use of cleaner fuels and vehicles and increasing alternatives to driving alone, as well as design and land use. F. WASTE REDUCTION / USE 1. Encourage the use of building construction materials made from recycled, recyclable materials and the use of above -Code sustainable construction methods. 2. Reduce GHG emissions waste through improved management of waste handling and reductions in waste generation. G. LAND USE 1. Encourage a development pattern that maximizes cost effectiveness for the existing infrastructure; reduces the need for new roads, utilities and other public works in new growth areas and enhances non -automobile transportation. 2. Encourage new growth into existing city/urban reserve areas. 3. Encourage alternative modes of transportation. DRAFT GREEN HOUSE GAS EMISSION REDUCTION POLICIES Page 2 4. Whenever possible, urban development should occur only where urban public facilities and services exist or can be reasonably made available. H. GLOBAL 1. Protect and enhance the environment and public health and safety when providing services and facilities. I. PUBLIC EDUCATION / OUTREACH 1. Consider energy conservation actions to raise public awareness of the value of wise energy use. 2. Continue providing a recycling program to reduce the amount of waste produced. 3. Coordinate with other agencies and outreach efforts to align messages on topics such as: • Energy efficiency and conservation, and green energy; • Trip reduction, public transit, carpooling, vanpooling, walking, bicycling, and alternative modes of transportation; • Green building and energy-efficient design; • Waste reduction, recycling, and composting; • Water conservation and water -efficient design and products; • Benefits of buying local, and information about locally grown, prepared, and manufactured goods and local services. J. TRANSPORTATION 1. Consider transportation projects that will contribute to a reduction in vehicle miles traveled per capita, while maintaining economic vitality and sustainability. 2. Provide safe and convenient access for pedestrians and bicyclists to cross, and travel along major transit priority streets. 3. Consider signal timing programs providing emissions reduction benefits, including maintenance of the synchronization system, and coordinate with adjoining jurisdictions as needed to optimize transit operation while maintaining a free flow of traffic. 4. Support voluntary, employer -based trip reduction programs through the local transit service. K. OTHER 1. Coordinate with other agencies in the region to develop and implement cost-effective waste management. 2. Encourage water -efficient landscapes and irrigation, including: • Plant drought -tolerant and native species, and covering exposed dirt with moisture -retaining mulch; and • Install water -efficient irrigation systems and devices, including advanced technology such as moisture -sensing irrigation controls. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 12, 2016 Department Director Approval: Check all that apply: ['consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane Regional Transportation Management Center Interlocal Agreement GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Informational memorandum on SRTMC Interlocal Agreement, March 24, 2015; Administrative report on SRTMC Interlocal Agreement, March 31, 2015; Motion for consideration on SRTMC Interlocal Agreement, April 14, 2015; Administrative Report on SRTMC Interlocal Agreement Amendment No. 2, December 1, 2015; Motion for consideration on SRTMC Interlocal Agreement Amendment No. 2, December 8, 2015; Informational memorandum on SRTMC Interlocal Agreement, July 5, 2016. BACKGROUND: Planning for the Spokane Regional Transportation Management Center (SRTMC) began in 1998 and led to the development of an interlocal agreement between the Washington State Department of Transportation (WSDOT), Spokane County, Spokane Transit Authority (STA), City of Spokane, and the Spokane Regional Transportation Council (SRTC). The intent of the SRTMC is to provide a multi -jurisdictional control facility for the partnering agencies to enhance and support advanced transportation management capabilities. The SRTMC was originally intended to serve as a hub for regional transportation communications and to provide a seamless coordination of intelligent transportation system (ITS) devices, including traffic signals, across agency boundary lines. The center operates 24/7 for 365 days a year, and has done so since 2003. The SRTMC relies on federal grant funding, yearly member contributions, and WSDOT directed funds. The federal grants and member contributions fund the SRTMC Manager, the IT Manager, two operators, software maintenance contracts, operation of the website, and daily hardware maintenance and functions for the center. The City's contribution historically has been $15,000 per year. However, the member agency contributions have been waved in 2015, 2016, and are likely to be waved in 2017 pending the 2017 SRTMC budget. The SRTMC has an Operating Board that consists of technical members from each of the partner agencies. The Operating Board is responsible for reviewing and approving SRTMC activities and has monthly board meetings. These board meetings are generally technical in nature and involve discussion of future ITS planning and implementation projects and strategies as well as the reviewing of previous monthly activities, invoices, and billings. As of today, the City of Spokane Valley has 44 traffic signals, 11 cameras, and one dynamic message sign on the City's ITS network. The City provides limited access of our system to the SRTMC, including access to the 11 cameras. Later this year the City will be collecting traffic count data from our traffic signals via the ITS network, and can provide this data to the SRTMC for regional use. The SRTMC has made great headways this year by utilizing federal funds that have been allocated to the center. The SRTMC manager has undergone a very rigorous request for proposals for a new advance transportation management system (ATMS), which is the heart of the SRTMC. The SRTMC now has a very well defined work plan and budget, and has gained positive momentum in the region to provide ITS connectivity. Another recent accomplishment is the SRTMC's recent website upgrade, which is open to the general public. The website contains information about specific corridors and has real-time video feeds from cameras throughout the Spokane region. The website also identifies travel impacts from construction activities throughout the region. Two previous amendments to the 1998 interlocal occurred in 2015. The first amendment, approved by Council in April, 2015, changed the name to SRTMC, set a trial period with changes of the SRTMC management by WSDOT, and officially added the City of Spokane Valley as an official partner. The second amendment allowed for another two years for SRTMC to operate while an updated interlocal was developed. Council agreed to this and approved the second amendment in December of 2015. The second amendment terminates on December 31, 2017. Upon termination, the SRTMC partners are required to enter into an updated interlocal agreement to continue operation. The SRTMC staff is being proactive in beginning preparation of an updated interlocal agreement with intent to have approvals in 2016, well before the termination of the second interlocal amendment. Moving Forward: The City currently operates a traffic signal management software that is common to the region. The annual maintenance fee for this software is approximately $10,000 per year, and includes support from the software developer. The cost for the software annual maintenance is currently funded through the SRTMC; that is the City does not pay an annual maintenance fee for this software. If the City were not part of the SRTMC, we would need to annually pay this maintenance fee to maintain operational management of our traffic signals. The SRTMC historically has allocated funds to pay for the software to manage the traffic signal systems throughout the region. In the case of the City, the SRTMC would pay for our $10,000 annual maintenance fee, which would essentially come out of our member contribution of $15,000. Thus, our total annual contribution to maintain our status as a regional partner in the SRTMC nets out to just $5,000. Additionally, the services that the SRTMC provides benefits those City of Spokane Valley citizens that travel on regional roadways, such as 1-90, Division, SR 195 and SR 395. As technology continues to improve, and with the deployment of new systems in the region, the SRTMC will provide more benefit to the region and to our citizens. The City of Spokane Valley is an integral piece in the continuing ITS development within the region, which benefits our citizens by improving their commute throughout the City and region. It is staff's recommendation to maintain with the SRTMC while monitoring the SRTMC's annual workplan and budget. The SRTMC interlocal does have an opt -out clause, which requires written notification by August 1st to be withdrawn on January 1st of the subsequent year. Staff will immediately notify Council should any changes to the SRTMC workplan or budget result in potential changes in our member contribution. Staff will be coming to City Council with a Motion Consideration on July 26, 2016. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: No change to 2016 budget. STAFF CONTACT: Sean Messner, Senior Traffic Engineer; Eric Guth, Public Works Director AGREEMENT NO. GCA 1450, AMENDMENT NO. 2 This Amendment No. 2 to Agreement No. GCA 1450 is made and entered into between the Washington State Department of Transportation ("WSDOT"), Spokane County, the City of Spokane, the Spokane Transit Authority ("STA"), the City of Spokane Valley ("COSV"), and the Spokane Regional Transportation Council (SRTC), collectively referred to as the "Parties" and individually referred to as the "Party". The Parties entered into the Interlocal Agreement No. GCA 1450 on October 1, 1998 and Amendment No. 1 on April 30, 2015 (as amended, the "Interlocal Agreement"). Background It has now been determined that the Interlocal Agreement referenced above shall be amended to extend the termination date to allow time for a new interlocal agreement to be written. Amendment No. 2 to Agreement . Section 12 shall be revised to read: The SRTC, City of Spokane, Spokane County, COSV, WSDOT, or STA, may terminate membership in the SRTMC by giving written notice to the SRTMC Board Chair by August 1st of any year, with termination effective December 31 of the year in which notice is given. From the date of Amendment No. 2, a period that ends December 31, 2017 is established to allow the Parties to enter into a new SRTMC Interlocal Agreement. In the event, a new interlocal agreement is not reached, Amendment No. 2 and the Interlocal Agreement shall terminate on December 31, 2017. Amendment No. 2 allows the SRTMC and SRTMC Operating Board to continue operating as a joint venture through December 31, 2017 and as otherwise agreed by the Parties. 2. This Amendment No. 2 shall become effective on the date last signed below and shall remain in effect until December 31, 2017, unless terminated sooner or extended as provided herein. 3. All other terms and conditions of the Interlocal Agreement shall remain in full force and effect except as modified by this Amendment No. 2. 4. This Amendment No. 2 may be executed in any number of counterparts, each of which, when so executed and delivered to the other Parties, shall be an original, but such counterparts shall together constitute but one and the same. Page 1 of3 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 as of the Party's date last signed below. STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION SPOKANE COUNTY ADOPTED by the Board of County Commissioners of Spokane County, Washington this day of 2015. By: By: Keith A. Metcalf, P.E. Todd Mielke, Chair Eastern Region, Regional Administrator By: Date: Shelly O'Quinn, Vice -Chair APPROVED AS TO FORM By: Al French, Commissioner By: Frank Hruban, Assistant Attorney General ATTEST: Date: By: Clerk of the Board Date: Page 2 of 3 CITY OF SPOKANE CITY OF SP By: Byf Date: Date: KANE VALLEY ATTEST: By: By: City Clerk Date: ATTEST: City Clerk Date: APPROVED AS TO FORM APPROVED AS TI FORM By: By: P: Assistant City Attorney Office of t4 City At ey Date: Date: SPOKANE REGIONAL SPOKANE TRANSIT AUTHORITY TRANSPORTATION COUNCIL By: By: Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM By: By: SRTC Attorney Spokane Transit Authority Attorney Date: Date: Page 3 of 3 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action July 12, 2016 Department Director Approval: Check all that apply: ['consent ❑ old business ['new business ['public hearing ❑ information ® admin. report ['pending legislation ['executive session AGENDA ITEM TITLE: The Annexation Process in Washington GOVERNING LEGISLATION: RCW 35A.14 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: City Council has requested information and materials to describe how the annexation process works in Washington. This administrative report will discuss the legal authority, requirements, and available methods of annexation in Washington. Further, staff will discuss policy considerations and the history of annexations within the surrounding Spokane region. Details on the annexation process are provided in the attached PowerPoint presentation. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A at this time. However, annexations generally have substantial financial and budgetary impacts on cities. Specific impacts will be identified at the time of a specific annexation. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney; Lori Barlow, Senior Planner; Matt Dowgin, Legal Intern; ATTACHMENTS: PowerPoint presentation The Annexation Process in Washington Cary Driskell City Attorney, City of Spokane Valley Matt Dowgin Legal Intern, City of Spokane Valley July 12, 2016 City of Spokane Valley - Office of the City Attorney i Overview of issues Authority for annexation Annexation methods Annexation within Urban Growth Areas Assumption of indebtedness City of Spokane Valley - Office of the City Attorney 2 Authority for Annexation "Any portion of a county not incorporated as part of a city or town but lying contiguous to a code city may become a part of the charter code city or noncharter code city by annexation." RCW 35A.i4. oio City of Spokane Valley - Office of the City Attorney Annexation Methods Unincorporated territories contiguous to Spokane Valley may be annexed into city limits through: 1. Voter initiated election 2. City Council initiated election 3. Direct petition There are specific processes and requirements for annexation of territories within Urban Growth Areas (UGA) and the assumption of indebtedness for newly incorporated areas. City of Spokane Valley - Office of the City Attorney Annexation Methods Voter Initiated City Council Initiated City of Spokane Valley - Office of the City Attorney Direct Petition k 5 Voter Initiated Election First, a petition shall be filed with the County Auditor with a copy to the City Council which includes: A call to vote on the annexation The boundaries of the area to be annexed The number of registered voters in the annexation area The signatures of registered voters living in the annexation area of at least io% of the votes cast at the last general election If the petition is sufficient, the City Council shall, within 6o days, notify the petitioners of its acceptance or rejection of the annexation for an upcoming ballot. City of Spokane Valley - Office of the City Attorney Voter Initiated Election After City Council approval, the petition is to be filed with the Board of County Commissioners, along with a statement, if applicable, regarding the provisions for assumption of debt. (RCW 35A.4.o3o) The Board of County Commissioners shall call the special election at the date requested by the City. RCW 35.13.04o. If a majority vote in favor of the proposal, the annexation is approved. (Indebtedness shall be approved pp by 6o%) If approved, the City Council would then adopt an ordinance effectuating the change. (RCW 35A.4.o9o) City of Spokane Valley - Office of the City Attorney City Council Initiated Election If the City Council determined it would best serve the interests of the City, it may, by resolution, call for an election to submit the annexation proposal to the voters. RCW 35A.i4.oi5. A certified copy of the resolution would then be filed with the Board of County Commissioners. This resolution shall include: Boundaries of the area to be annexed Number of registered voters in the area That the City will pay for such election City of Spokane Valley - Office of the City Attorney City Council Initiated Election The Board of County Commissioners shall call the special election at the date requested by the City. RCW 35.13.04o. If a majority vote in favor, the annexation is approved. (Indebtedness shall be approved by 6o%) If approved, the City Council would then adopt an ordinance effectuating the change. (RCW 35A.i4.o9o) City of Spokane Valley - Office of the City Attorney Direct Petition Owners of not less than io% of the assessed value of the land to be annexed shall notify the City Council in writing of their intensions to commence annexation proceedings. After the County Auditor has certified the sufficiency of the petition, the City Council would then set a date to accept, reject, or modifytheproposed p� p p annexation. If accepted by the City Council, a petition would be circulated and shall be signed by: (i) property owners of not less than 6o% of the assessed value of the property for which annexation is petitioned; or (2) propertyowners representing a majority of the area proposed for annexation and a majority oftheregistered voters in the area. City of Spokane Valley - Office of the City Attorney Direct Petition The petition shall be submitted to the County Assessor and the County Auditor for certification. RCW 35.01.040(9). If the petition is certified, the City Council may consider it and hold a public hearing. RCW 35A.14.13o Following the hearing, if the City Council determines to effect the annexation, they shall do so by ordinance. The ordinance may annex all or any portion of the proposed area, but maynot include in the annexation anyproperty not described in the petition. RCW 35A.141o. p p Y Upon passage of the annexation ordinance, a certified copy shall be filed with the Board of County Commissioners. City of Spokane Valley - Office of the City Attorney Annexation Review Boards Spokane County disbanded its boundary review board under the authority of RCW 36.93.23o Consequently, the City will not, presumably, have annexations reviewed by any board. City of Spokane Valley - Office of the City Attorney Annexation within UGA No code city may annex territory beyond the adopted Urban Growth Area (UGA). RCW 35A.i4.005. To annex in a UGA, the territory proposed for annexation must be within the code city UGA, and have at least 6o% of the boundaries of the territory proposed for annexation contiguous to the annexing code city or one or more cities or towns. RCW 35A.i4.46o(i) City of Spokane Valley - Office of the City Attorney Assumption of Indebtedness The annexation statutes authorize the City Council to require property in an area being annexed to assume, as a condition of annexation, a pro rata share of the annexing city's then -outstanding indebtedness. A city may submit to the voters the question of annexation and assumption of indebtedness on the same ballot proposition. RCW 35A.14.o85. If the measures are combined, the annexation and assumption of indebtedness shall be authorized only if: The proposition is approved by at least 6o% of the voters of the area proposed to be annexed voting on the proposition; and The number of persons voting on the proposition constitutes at least 4o% of the total number of votes cast in the area at the last general election. City of Spokane Valley - Office of the City Attorney Assumption of Indebtedness If both a proposition for annexation and assumption of indebtedness are both submitted and passed, the City Council shall adopt an ordinance providing for both measures. RCW 35A.i4.o9o. The City Council may allow an annexation proposition to pass despite the indebtedness proposition failing; or they can refuse to annex when a proposal for assumption of indebtedness has been disapproved by the voters. RCW 35A.i4.o9o. City of Spokane Valley - Office of the City Attorney Annexation Considerations Lori Barlow, AICP Senior Planner, City of Spokane Valley City of Spokane Valley - Office of the City Attorney i6 Overview Why Annex Evaluation of Annexation Proposals Consequences of Annexation Annexations 2003 - Present UGA's City of Spokane Valley - Office of the City Attorney 17 Why Annex Control how development occurs consistent with city standards Cities become surrounded by fringe areas Increased traffic congestion on inadequate roads Increased need for police and fire protection • Inadequate planning results in disorderly growth • Problems cross boundary lines and become City problems too • Annexation may be a solution when a city is able to address emerging fringe area concerns. City of Spokane Valley - Office of the City Attorney i8 Typical Annexation Comments Pro Eliminate Service Duplication Planning and Zoning Voice in local government Increased population can influence commercial development and grants Protects tax base - greater bonding capacity Real estate values and marketability may improve Con Unnecessary if needs and resources are limited Choice to live/operate business outside city Regulations Distrust of government City unable to finance additional services Fear that city problems will follow boundary City of Spokane Valley - Office of the City Attorney -ArrrTexatiurrGoals Issues that should be addressed in the Comprehensive Plan Position and philosophy concerning annexation Determine logical expansion areas Inventory of service providers Preserve area identity Analysis of cost figures for potential annexation area Awareness of annexation area needs and problems City of Spokane Valley - Office of the City Attorney ra Guidelines to Evaluate Xnnexation Proposals Can services be provided physically and financially? Is the population and assessed valuation sufficient to pay its fair share of service Area should be no larger than can be served with capital improvements and services in a reasonable time Area should contribute to logical city growth pattern and encourage orderly growth Area adaptable to city development regulations Area should include favorable residents and areas where it may be advantageous to fringe residents and city residents Consider impacts to special districts City of Spokane Valley - Office of the City Attorney Consequences of Annexation Financial Impacts to City Costs of Annexation Short Term (immediate need for services) Long Term (Capital improvement obligations) Costs of Not Annexing City residents could be subsidizing non city residents services City services are heavily used by non city residents which result in no cost recovery i.e. parks, street maintenance City of Spokane Valley - Office of the City Attorney Cit, of Spokaar L- Tom, A -Millwood AMIN • .• inimmomm=mm Bmwrammilm= == 111111115111.• WA• hr of Liberia Lake City of Spokane Valley - Office of the City Attorney h Legend City aSpialei viey Cher Murricpaliea i Emirs Liam ©rood Aro 23 City of Spokane Valley - Office of the City Attorney Legend C1g 41M/whale Valley 136er Ma acpatities EijiImaSd LCXA Alva= County Zoning cc Imu 1 I HI INC ilaR 1 IR5 1.DRPI IR Rev 1 JlrA 1 IRT 1 IUR I I 24 withiralGA J I A J 441 1.1 LI I ..ndl PBS!, it A et i gm ca, 1.211-9 5' f .15a „Po_ Iiimmimmu%.----h J N. c•Pit MINNIFINIM=== 4,•4=P111111111111111111111 IN1671=Milla== • 1111Nrk 111111111MN wieisom 11 I INN lam AV' " -1111 25 it or Spoke 11! 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I Legend Meg. brriSpadikil 27 UGA LandQuan Dwelling Unit and Population Growth Estimates for UGA Vacant Lands Zone Code Parcel Count Estimated Dwelling Unit Capacity Estimated Population Growth Total Parcel Acres CC 2 0 0 0.59 HDR 5 0 0 0.35 LDR 1143 561 1403 204.71 LI 13 480 721 112.00 MDR 2 3 5 0.53 TOTALS 1165 1045 2129 318.19 City of Spokane Valley - Office of the City Attorney Annexations 2003-2016 Year Area Name Jurisdiction Method 2003 Liberty Lake Meadows Liberty Lake General Election 2004 Verhoogan Spokane Petition 2005 Muirfield Spokane Petition 2005 Shopko Spokane Petition 2006 West Liberty Lake Liberty Lake Council Action 2006 Park Place Spokane Petition 2007 Spokane Tribe Airway Heights Interlocal Agreement 2008 North Division Spokane Petition 2010 Greenfield Estates Spokane Petition 2011 West Plains UGA Airway Heights Interlocal Agreement 2012 West Plains Spokane Interlocal Agreement 2016 Spokane Spokane Housing Ventures Petition City of Spokane Valley - Office of the City Attorney 29 Was1i na an State Boundary Review Board For Spokane County dap' NIALE Ike Eocomb loud rt. map vcompiled from maimsa areaad issalt ecttumamma . M:My, i fi m -scion salvia fir 3-0 days foam � ptoeimdata To mann o as -• u reE comas Ilse Wastoglem Slam Hau`:arf Rats am Bard far *lace Cosenza a(509)1%' -0.i?. City of Spokane Valley - Office of the City Attorney 3o Airway Heights Annexations 1;Vashinztoa S1te Boloorlary ReviewBaird Ear Spode Cam's lonannon. Mom's, nioneno InnO Os, Map Ono onion, no 31 Spokane Annexatio Iczikiarnia.Soa E . darf$w rim Eaan4L Ter Cody !Loamy my i_ .iLia, Lr MBsvm Sari P Qom) a l i itirlrttiT, I ! I I w re I r - .- City of Spokane Valley - Office of the City Attorney L 32 DRAFT ADVANCE AGENDA as of July 7, 2016; 8:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings July 19, 2016, Study Session Format, 6:00 p.m. [length of meeting dependent upon number of interviews] Please note that this meeting will only consist of councilmember candidate interviews 1. Interim Councilmember Interviews (position 7) - Mayor Higgins July 26, 2016, Special Meeting 5:00 p.m. Council Chambers Executive Session: Evaluate Qualifications of Candidates for Appointment to Elective Office (position 7) July 26, 2016, Formal Meeting Format, 6:00 p.m. [due Tue, July 19] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 16-011 Mining Moratorium, Second Extension - Erik Lamb (15 minutes) 3. First Reading Ordinance Greenhouse Gas Emissions Reduction - Steve Worley (15 minutes) 4. Motion Consideration: Approval of SRTMC Interlocal Agreement - Sean Messner/Eric Guth (5 minutes) 5. Motion Consideration: FY 2018 TIB Call for Projects - Steve Worley (10 minutes) 6. Motion Consideration: LTAC Council Goals and Priorities - Chelsie Taylor (15 minutes) 7. Last Action Item: Council Appointment of Interim Councilmember (#7) - Mayor Higgins (appointment immediately followed by administering Oath of Office) (15 minutes) 8. Admin Report: Inland Power & Light Electrical Franchise - Cary Driskell (5 minutes) 9. Admin Report: Comp Plan: Draft Land Use Map Discussion - John Hohman, Mike Basinger (30 minutes) 10. Admin Report: GSI Contract Discussion - John Hohman, Mike Basinger (25 minutes) 11. Admin Report: Advance Agenda - Mayor Higgins (5 minutes) 12. Info Only: Department Reports [*estimated meeting: 145 minutes] August 2, 2016 - No Meeting (National Night out) August 9, 2016, Formal Meeting Format, 6:00 p.m. [due Tue, Aug 2] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance 16-011 Mining Moratorium, Second Extension - Erik Lamb (15 minutes) 3. Second Reading Ordinance Greenhouse Gas Emissions Reduction - Steve Worley (15 minutes) 4. First Reading Ordinance Inland Power & Light Electrical Franchise - Cary Driskell (10 minutes) 5. Mayoral Appointments: (Visit Spokane; Emergency 9-1-1; Health Board; STA; Wastewater Policy Advisory Board) Mayor Higgins (10 minutes) 6. Admin Report: 2017 Budget Estimates Revenues & Expenditures - Chelsie Taylor (20 minutes) 7. Admin Report: Comp Plan Draft Goals and Policy Discussion - John Hohman, Mike Basinger (30 minutes) 8. Admin Report: Advance Agenda - Mayor Higgins (5 minutes) 9. Info Only: Stormwater Management Program [*estimated meeting: 100 minutes] August 16, 2016, Study Session Format, 6:00 p.m. [due Tue, Aug 9] 1. Stormwater Management Program - Eric Guth (15 minutes) 2. Council Training: Open Public Mtg Act; Public Records Act - Cary Driskell/Erik Lamb (60 minutes) 3. Advance Agenda - Mayor Higgins (5 minutes) August 23, 2016, Formal Meeting Format, 6:00 p.m. [due Tue, Aug 16] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance Inland Power & Light Electrical Franchise - Cary Driskell (10 minutes) 3. Motion Consideration: Stormwater Management Program Plan - Eric Guth (10 minutes) 4. Admin Report: Comp Plan Draft Development Regs Discussion - John Hohman, Gloria Mantz (30 minutes) 5. Admin Report: Advance Agenda - Mayor Higgins (5 minutes) 6. Info Only: (a) Department Reports; (b) Pines & Grace Intersection [*estimated meeting: 55 minutes] Draft Advance Agenda 7/7/2016 8:44:02 AM Page 1 of 3 August 30, 2016, Study Session Format, 6:00 p.m. 1. Library District Request for City's Reacquisition of Balfour Park Prop—C.Driskell 2. Advance Agenda — Mayor Higgins Sept 6, 2016, Study Session Format, 6:00 p.m. 1. Introduction of Draft Comp Plan — John Hohman, Mike Basinger 2. Advance Agenda — Mayor Higgins Sept 13, 2016, Formal Meetin2 Format, 6:00 p.m. 1. PUBLIC HEARING: 2017 Budget Revenues including Prop Tax — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes; resolution setting budget hearing) 3. Motion Consideration: Pines Road & Grace Intersection Bid Award — Steve Worley 4. Admin Report: Advance Agenda — Mayor Higgins [due Tue, Aug 23] (20 minutes) (5 minutes) [due Tue, Aug 30] (60 minutes) (5 minutes) [due Tue, Se tt66] (10 minutes) (5 minutes) (15 minutes) (5 minutes) Sept 20, 2016, Study Session Format, 6:00 p.m. [due Tue, Sept 13] 1. Outside Agency Presentations: Social Service & Economic Dev. Agencies — Chelsie Taylor (— 60 mins) 2. Advance Agenda — Mayor Higgins (5 minutes) Sept 27, 2016, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. City Manager Presentation of 2017 Preliminary Budget — Mark Calhoun 3. Admin Report: Advance Agenda — Mayor Higgins 4. Info Only: Department Reports Oct 4 2016, Study Session Format, 6:00 p.m. 1. Budget Amendment, 2016 — Chelsie Taylor 2. Advance Agenda — Mayor Higgins [due Tue, Sept 20] (5 minutes) (30 minutes) (5 minutes) [due Tue, Sept 27] (15 minutes) (5 minutes) Oct 11, 2016, Formal Meetin2 Format, 6:00 p.m. [due Tue, Oct 4] 1. PUBLIC HEARING: 2017 Proposed Budget — Chelsie Taylor (10 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. First Reading Proposed Ordinance re Property Tax — Chelsie Taylor (10 minutes) 4. Motion Consideration: Fund Allocations to Social Service & Economic Dev Agencies — C.Taylor (25 min) 5. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 6. Info Only: Sullivan/Euclid PCC Intersection Project Oct 18, 2016, Study Session Format, 6:00 p.m. [due Tue, Oct 11] 1. Advance Agenda — Mayor Higgins (5 minutes) Oct 25, 2016, Formal Meetin2 Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2016 Budget Amendment — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Proposed Ordinance re Property Tax — Chelsie Taylor 4. First Reading Proposed Ordinance, 2016 Budget Amendment — Chelsie Taylor 5. First Reading Proposed Ordinance Adopting 2017 Budget — Chelsie Taylor 6. Admin Report: Advance Agenda — Mayor Higgins 7. Info Only: Department Reports Nov 1, 2016, Study Session Format, 6:00 p.m. 1. Draft 2017 Fee Resolution — Chelsie Taylor 2. Advance Agenda — Mayor Higgins [due Tue, Oct 18] (10 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) [due Tue, Oct 25] (15 minutes) (5 minutes) Draft Advance Agenda 7/7/2016 8:44:02 AM Page 2 of 3 Nov 8, 2016, Formal Meeting Format, 6:00 p.m. [due 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Proposed Ordinance, 2016 Budget Amendment — Chelsie Taylor 3. Second Reading Proposed Ordinance Adopting 2017 Budget — Chelsie Taylor 4. Motion Consideration: Sullivan/Euclid PCC Intersection Project Bid Award — Steve Worley 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor Nov 15, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Nov 22, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Higgins 3. Info Only: Department Reports Nov 29, 2016 — No Meeting — Thanksgiving Holiday Dec 6, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda — Mayor Higgins Dec 13, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed 2017 Fee Resolution — Chelsie Taylor 3. Motion Consideration: Funding Allocation, Lodging Tax — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Higgins Dec 20, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Info Only: Department Reports (normally due for Dec 27 mtg) Dec 27, 2016 — No Meeting — Christmas Holiday *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Carnahan and 8th Intersection CenterPlace Kitchen Equipment District Court Emergency Preparedness False Alarm Program Hearing Examiner Report Legislative Agenda Library District Sidewalk/snow removal SVMC2.45 Review/Discussion Term Limits Undergrounding Draft Advance Agenda 7/7/2016 8:44:02 AM Tue, Nov 1 (5 minutes) (10 minutes) (15 minutes) (10 minutes) (20 minutes) [due Tue, Nov 8] (5 minutes) [due Tue, Nov 15] (5 minutes) (5 minutes) [due Tue, Nov 29] (5 minutes) [due Tue, Dec 6] (5 minutes) (15 minutes) (25 minutes) (5 minutes) [due Tue, Dec 13] (5 minutes) Page 3 of 3