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2016, 08-03 Special Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL COUNCIL MEETING FORMAL FORMAT MEETING Wednesday, August 3, 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. 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 Aug 2, 2016 Request for Council Action Form Totaling $912,462.64 b. Approval of July 26, 2016 Council Meeting Minutes, Special 5:00 p.m. Meeting NEW BUSINESS: 2. Second Reading Ordinance 16-011 Findings, Mining Moratorium — Erik Lamb [public comment] 3. Second Reading Ordinance 16-012 Mining Moratorium, Second Extension — Erik Lamb [public comment] 4. First Reading Ordinance 16-013 Inland Power & Light Electrical Franchise — Cary Driskell [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and city residence for the record and limit remarks to three minutes. Council Agenda 08-03-16 Formal Format Meeting Page 1 of 2 ADMINISTRATIVE REPORTS: 5. FASTLANE Grant Application — Eric Guth 6. Browns Park Lease to Water District #3 — Cary Driskell 7. Council Training: Open Public Meeting Act, Public records Act — Cary Driskell, Erik Lamb 8. Advance Agenda — Mayor Higgins INFORMATION ONLY: n/a CITY MANAGER COMMENTS ADJOURNMENT General Meetin,i Schedule (meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 21-1 and 41 Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1st 311 and 5t'—' 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 08-03-16 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 2016 Check all that apply: Department Director Approval: IZ consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST 07/21/2016 07/25/2016 VOUCHER NUMBERS 38909-38941 6741-6766 (-6746) TOTAL AMOUNT $910,173.64 $ 2,289.00 GRAND TOTAL: $912,462.64 #001 - General Fund 001.011.000.511. 001.013.000.513. 001.013.015.515. 001.016.000. 001.018,013.511 001.018.014.514. 001.018.016.518. 001.032.000. 001.05 8.050.558. 001.05 8.051.558. 001.05 8.055.558. 001.058.056.558. 001.058.057.558 001.076.000.576. 001.076.300.576. 001.076.301.571. 001.076.302.576. 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. 001.090.000.560. 001.090.000.594. 001.090.000.595. Explanation of Fund Numbers found on City Council City Manager Legal Public Safety Deputy City Manager Finance Human Resources Public Works CED - Administration CED -- Economic Development CED — Development Services -Engineering CED — Development Services -Planning CED -- Building Parks & Rec—Administration Parks & Rec-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 Preservation Voucher Lists Other Funds 101 — Street Fund 103 —Paths & Trails 105 —Hotel/Motel Tax 106 — Solid Waste 120 - CenterPlace Operating Reserve 121— Service Level Stabilization Reserve 122 — Winter Weather Reserve 123 — Civil Facilities Replacement 204 — Debt Service 301 —REST 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 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 -- Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vch l ist 07/21/2016 12:28:33PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor Invoice 38909 7/21/2016 000958 AAA SWEEPING LLC 38910 7/21/2016 002931 ALL WESTERN INDUSTRIAL SUPPLY 38911 7/21/2016 004278 ARCHITECTS WEST INC 38912 7/21/2016 000673 BUDGET ARBOR & LOGGING LLC 38913 7/21/2016 000101 CDW-G 38914 7/21/2016 002572 CINTAS CORPORATION 38915 7/21/2016 000957 COBALT TRUCK EQUIPMENT 38916 7/21/2016 000734 DEPT OF TRANSPORTATION 38917 7/21/2016 002920 DIRECTV INC 38918 7/21/2016 002157 ELJAY OIL COMPANY 56201 56232 56233 102949 8611 11-3025 DNL9460 606196327 606197607 606197770 606198865 606200117 606200282 36001 36078 RE 46 JG6436 L004 28926678735 4252027 Fund/Dept 402.402.000.531 402.402.000.531 402.402.000.531 101.000.000.542 313.000215.594 101.042.000.542 Description/Account Amount CAMERANACUUM SERVICE STREET SWEEPING SERVICES STORM DRAIN CLEANING Total : SUPPLIES: PW -SNOWPLOWS Total : 0215 -CITY HALL DESIGN & CN ADR, Total : TREE REMOVAL CONTRACT 16-101 Total : 001.090.000.518 IT SUPPLIES 101.000.000.542 101.000.000.542 101.042.000.543 101.000.000.542 101.000.000.542 101.042.000.543 101.042.000.542 101.042.000.542 402.402.000.531 101.042.000.543 101.042.000.542 Total : SERVICES PW CONTRACT 2629 SERVICES PW CONTRACT 2629 SERVICES AT MAINTENANCE SHO SERVICES PW CONTRACT 2629 SERVICES PW CONTRACT 2629 SERVICES AT MAINTENANCE SHO Total : ACCESSORIES FOR 2016 FORD F2 STEPS FOR 2016 FORD F-250 #5-2 Total : MAY 2016 DECANT CHARGES Total : CABLE SERVICE FOR MAINTENAN Total : FUEL FOR MAINTENANCE SHOP - 2,812.50 45,899.87 28,848.99 77,561.36 22.06 22.06 13,134.90 13,134.90 5,000.20 5,000.20 182.33 182.33 91.06 91.06 318.19 103.03 91.06 275.76 970.16 2,820.78 162.89 2,983.67 212.52 212.52 52.99 52.99 528.17 Page: 1 vchlist 07/21/2016 12:28:33PM Voucher List Page: 2 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 38918 7/21/2016 002157 002157 ELJAY OIL COMPANY (Continued) Total : 528.17 38919 7/21/2016 002255 ENTERPRISE INFO SOLUTIONS INC. PMT#2 DUE 7-2016 101.000.000.542 HOSTING CHARGE E ROADTRACK 6,000.00 Total : 6,000.00 38920 7/21/2016 002075 ENVIROTECH SERVICES INC CD201616527 101.000.000.542 ICE SLICER RS 5,292.40 CD201616528 101.000.000.542 ICE MELT 5,287.13 CD201616529 101.000.000.542 ICE MELT 5,320.57 CD201616530 101.000.000.542 ICE MELT 5,294.17 CD201616531 101.000.000.542 ICE MELT 5,352.27 CD201616620 101.000.000.542 ICE MELT 5,320.57 CD201616621 101.000.000.542 ICE MELT 5,299.45 CD201616622 101.000.000.542 ICE MELT 5,281.84 CD201616623 101.000.000.542 ICE MELT 5,288.88 CD201616624 101.000.000.542 ICE MELT 5,454.38 Total : 53,191.66 38921 7/21/2016 001447 FREE PRESS PUBLISHING INC 45907 001.058.056.558 LEGAL PUBLICATION 101.15 45910 001.058.056.558 LEGAL PUBLICATION 80.75 Total : 181.90 38922 7/21/2016 000007 GRAINGER 9152052826 402.402.000.531 SUPPLIES: STORMWATER 4.91 9157847196 101.043.000.542 SUPPLIES: BRIDGE 19.75 Total : 24.66 38923 7/21/2016 001944 LANCER LTD 0460009 001.058.057.558 BUSINESS CARDS 41.03 Total : 41.03 38924 7/21/2016 005037 MERIDIAN CONSTRUCTION INC PAY APP 1 313.000.215.594 0215 -CITY HALL CONSTRUCTION ( 421,998.95 Total : 421,998.95 38925 7/21/2016 001035 NDM TECHNOLOGIES INC 24816 001.076.099.576 CONFIGURE FIREWALLS FOR POC 937.50 Total: 937.50 38926 7/21/2016 004197 NORTHWEST RADIATOR 39010 101.000.000.542 RADIATOR SERVICE #208 915.53 Total : 915.53 38927 7/21/2016 000652 OFFICE DEPOT INC. 849193160001 001.090.000.519 OFFICE SUPPLIES: IT 15.99 Page: 2 vchlist 07/21/2016 12:28:33 PM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice 38927 7/21/2016 000652 OFFICE DEPOT INC. 38928 7/21/2016 000307 OFFICE OF THE STATE TREASURER 38929 7/21/2016 004829 OSI HARDWARE 38930 7/21/2016 000881 OXARC INC 38931 7/21/2016 001089 POE ASPHALT PAVING INC. 38932 7/21/2016 002520 RWC GROUP 38933 7/21/2016 000090 SPOKANE CO INFO SYSTEMS 38934 7/21/2016 000308 SPOKANE CO PROSECUTING ATTY 38935 7/21/2016 000065 STAPLES ADVANTAGE (Continued) 849193220001 849193221001 849759122001 849874978001 849883021001 JUNE 2016 45305 R423890 44992 44993 44994 44995 44996 44997 44998 32542N 50314533 JUNE 2016 3307672699 3307672700 3307672701 Fund/Dept 001.090.000.518 001.090.000.518 001.076.305.575 001.018.014.514 001.076.000.576 001.016.000.586 001.090.000.518 101.042.000.542 101.042.000.542 101.042.000.542 101.042.000,542 101.042.000.542 402.402.000.531 101.042.000.542 101.042.000.542 101.000.000.542 001.013.015.515 001.016.000.586 Description/Account Amount OFFICE SUPPLIES: IT OFFICE SUPPLIES: IT OFFICE SUPPLIES: CENTERPLACE OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES: PARKS Total: STATE REMITTANCE IT EQUIPMENT CYLINDER RENTAL Total : Total: Total: 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA 2016 STREET & STORMWATER MA Total : PARTS FOR #203 Total : COUNTY 1T SUPPORT JUNE 2016 Total : CRIME VICTIMS COMPENSATION F Total : 001.090.000.519 OFFICE SUPPLIES 001.090.000.519 OFFICE SUPPLIES - FRONT DESK 001.011.000.511 OFFICE SUPPLIES - CITY COUNCIL 97.79 127.80 289.05 170,59 44.18 745.40 49,823.71 49,823.71 222,44 222.44 102,83 102.83 2,375.00 6,538.51 551.16 2,628.67 35,669.48 39,287.84 138,425.30 225,475.96 143.01 143.01 14, 644.91 14,644.91 752.69 752.69 150.15 83.64 39.39 Page: 3 vchlist 07/21/2016 12:28:33PM Voucher List Spokane Valley Page: 4 Bank code : apbank Voucher Date Vendor Invoice 38935 7/21/2016 000065 STAPLES ADVANTAGE 38936 7/21/2016 003679 SWEETWATER SOUND INC 38937 7/21/2016 004740 THOMSON REUTERS -WEST 38938 7/21/2016 000335 TIRE-RAMA 38939 7/21/2016 002597 TWISTED PAIR ENTERPRISES LLC 38940 7/21/2016 003206 VAN NESS FELDMAN LLP (Continued) 3307672702 3307672704 3307672709 3307672710 3307672711 14026755 834279764 8080044106 6302016 127742 38941 7/21/2016 001885 ZAYO GROUP LLC JULY 2016 JULY2016 33 Vouchers for bank code : apbank 33 Vouchers in this report Fund/Dept 001.058.055.558 001.058.055.558 001.058.055.558 001.058.050.558 001.076.302.576 107.000.000.594 001.013.015.515 001.058.057.558 001.011.000.511 001.058.099.558 001.090.000.518 001.090.000.518 Description/Account Amount OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES - COMM DEV - COMM DEV. - COMM DEV. - COMM. DEV. - PARKS Total : DIGITAL RECORDER FOR COUNCII Total : SUBSCRIPTION SERVICES Total : SERVICE: 2015 FORD ESCAPE 584 Total : -13.83 49.48 10.53 -8.36 33.90 344.90 599.00 599.00 781.32 781.32 52.12 52.12 BROADCASTING COUNCIL MEETII` 1,420.00 Total : 1,420.00 PROFESSIONAL SERVICES DARK FIBER LEASE INTERNET SERVICE Total : Total : Bank total : 910,173.64 Total vouchers : 910,173.64 30,312.02 30,312.02 253.01 560.73 813.74 Page: 4 vchlist 07/25/2016 4:26:14PM Voucher List Spokane Valley Page: a� Bank code : pk-ref Voucher Date Vendor Invoice 6741 6742 6743 6744 7/25/2016 7/25/2016 7/25/2016 7/25/2016 005187 BOYER, KATRINA 001520 BURNETT, NANCY 005182 CACHE ADVANCE INC 005173 CALL, HEIDE 6745 7/25/2016 005174 DALTON, KATIE 6746 7/25/2016 005125 EXXON MODfi % c9 i 6747 7/25/2016 001729 HALME CONSTRUCTION, INC. 6748 7/25/2016 005184 HEALTHCARE RESOURCE GROUP 6749 7/25/2016 004249 HENDRICKSON, KELCEY 6750 7/25/2016 004515 HOWARD, CLARENCE Fund/Dept PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 001.237.10.99 PARKS REFUND 001.237.10.99 PARKS REFUND 001.237.10.99 6751 7/25/2016 005186 INLAND NORTHWEST METALLURGICAL PARKS REFUND 6752 7/25/2016 005175 JOHNSON, CHERYL 6753 7/25/2016 005188 MCKAY, TALIA Description/Account Amount REFUND SWIM CLASS Total : DEPOSIT REFUND: MIRABEAU MEQ Total : DEPOSIT REFUND: GREENACRES Total : REFUND SWIM LESSONS Total : REFUND DAY CAMP 8/15-19/2016 Total : 45.00 45.00 75.00 75.00 300.00 300.00 105.00 105.00 108.00 108.00 DEPOSIT REFUND: ROOM 110 Total : 52.00 DEPOSIT REFUND: VALLEY MISSIC Total : DEPOSIT REFUND: MIRABEAU MB Total : REFUND SUMMER DAY CAMP WK Total : DEPOSIT REFUND: MIRABEAU ME. Total DEPOSIT REFUND: MIRABEAU MB Total : REFUND SUMMER DAY CAMP 8/15 Total : 75.00 75.00 75.00 75.00 108.00 108.00 75.00 75.00 75.00 75.00 108.00 108.00 DEPOSIT REFUND: GREAT ROOM 210.00 Page: vch list 07/25/2016 4:26:14PM Voucher List Spokane Valley Page:<49. Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 6753 7/25/2016 005188 005188 MCKAY, TALIA (Continued) Total : 210.00 6754 7/25/2016 003787 NAT'LASSOC OF LETTER CARRIERS, BF PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6755 7/25/2016 005178 NOLLMEYER, SHAWNA PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Total : 75.00 6756 7/25/2016 005032 NORD, KRISTINE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES 75.00 Total : 75.00 6757 7/25/2016 005183 REID, NICOLLE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: TERRACE VIEV 75.00 Total : 75.00 6758 7/25/2016 005185 SERVEY, CALLIE PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Total : 75.00 6759 7/25/2016 005181 SHAMIA, MORGAN PARKS REFUND 001.237.10.99 DEPOSIT REFUND: GREENACRES 75.00 Total : 75.00 6760 7/25/2016 004642 SINGER, CLAIRE PARKS REFUND 001.237.10.99 REFUND SWIM LESSONS 35.00 Total : 35.00 6761 7/25/2016 001769 SPALDING AUTO PARTS PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME, 75.00 Total : 75.00 6762 7/25/2016 003929 STAMAND, CATHY PARKS REFUND 001.237.10.99 DEPOSIT REFUND: MIRABEAU ME1 75.00 Total : 75.00 6763 7/25/2016 005176 SUDWEEKS, RINDEE PARKS REFUND 001.237.10.99 REFUND SWIM LESSON 70.00 Total : 70.00 6764 7/25/2016 005177 THEADE, COLLEEN PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6765 7/25/2016 005180 WEYRAUCH, BRIAN PARKS REFUND 001.237.10.99 DEPOSIT REFUND: VALLEY MISSIC 75.00 Total : 75.00 6766 7/25/2016 005179 WHITE, ERINN PARKS REFUND 001.237.10.99 DEPOSIT REFUND: DISCOVERY PL 75.00 Page: vchlist 07/25/2016 4:26:14PM Voucher List Spokane Valley Page: Sank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 6766 7/25/2016 005179 005179 WHITE, ERINN (Continued) 26 Vouchers for bank code : pk-ref 26 Vouchers in this report 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid 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 Total : 75.00 Bank total : 2,341.00 Total vouchers : ..-27-341440 Page: DRAFT Attendance: Councilmembers: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Pam Haley, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember MINUTES City of Spokane Valley City Council Special Meeting Tuesday, July 26, 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 one hour to evaluate the qualifications of candidates for appointment to elective office [RCW 42.30110(1)(h)] and that no action is anticipated upon return to open session. Council adjourned into executive session at 5:01 p.m. At 5:43 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: 07-26-2016 Page 1 of 1 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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 of proposed Ordinance No. 16-011 adopting findings of fact justifying a six-month renewal of the 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 with modifications pursuant to Ordinance Nos. 16-002 (adopting Findings) and 16-003. City Council heard an administrative report on a second six-month renewal on July 5, 2016, conducted a public hearing on July 12, 2016, and had a first reading on July 26, 2016. 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. On February 9, 2016, the City adopted a six-month renewal of the moratorium with modifications pursuant to Ordinance No. 16-003. Pursuant to Section 4 of Ordinance No. 16-003, the moratorium was renewed for a term that lasts "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." As discussed during the administrative report on July 5, 2016, and the public hearing on July 12, 2016, the City does not anticipate it will complete its Comprehensive Plan update by August 21, 2016, and so City staff have recommended a second six-month renewal of the moratorium. Pursuant to State law, the City is authorized to adopt a six-month renewal of an existing moratorium, provided the City first conducts a public hearing and adopts findings of fact justifying the renewal of the moratorium prior to such renewal. The City Council has conducted a public hearing on the renewal of the moratorium. During the public hearing, Council heard testimony from one interested party. Page 1 of 2 As required by State law, proposed Ordinance No. 16-011 sets forth proposed findings of fact justifying a second six-month renewal of the moratorium on mining. Information on the background of the moratorium, the process leading to the need for the renewal, and the public comments received during the public hearing are attached to this RCA for Council's review. OPTIONS: Move to approve proposed Ordinance No. 16-011, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 16-011, adopting findings of fact justifying a second six-month renewal of the 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. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; John Hohman, Community and Economic Development Director; Cary Driskell, City Attorney ATTACHMENTS: Proposed Ordinance No. 16-011 Ordinance No. 15-013 Ordinance No. 15-015 Ordinance No. 16-002 Ordinance No. 16-003 RCA from July 12, 2016 public hearing Minutes from July 12, 2016 public hearing Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-011 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 MANUFACTURING ORIGINALLY ESTABLISHED PURSUANT TO ORDINANCE NO. 15-013 AND RENEWED WITH MODIFICATIONS PURSUANT TO ORDINANCE NO. 16-003, 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 15-009; and WHEREAS, pursuant to Ordinance No. 16-002, adopted on February 9, 2016, the City adopted findings justifying a six-month renewal and modification to the moratorium; and WHEREAS, pursuant to Ordinance No. 16-003, adopted on February 9, 2016, the City adopted a six month renewal and extension of the moratorium with a modification to allow the City to process permits for mining operations where the operator received a SM -6 Form prior to the establishment of the moratorium; and WHEREAS, pursuant to Ordinance No. 16-003, the renewed moratorium shall expire at 11:59 p.m. on August 21, 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 August 21, 2016; and WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, 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 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;" and Ordinance 16-011 Page 1 of 7 DRAFT WHEREAS, a moratorium renewal enacted under RCW 35A.63.220 and/or 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 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.390 and Ordinance No. 16-003, on July 12, 2016, the City Council conducted a properly noticed public hearing on the second renewal of the moratorium on mining and/or related mining site operations for a six-month period; and WHEREAS, at the public hearing, City Council heard verbal testimony from one interested party opposed to the moratorium; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council is required to adopt fmdings 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 July 12, 2016, the City Council conducted a public hearing on a second six-month 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 and renewed and modified pursuant to Ordinance No. 16-003. The City Council hereby adopts the following as findings of fact in support of a second 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 and renewed and modified pursuant to Ordinance No. 16-003: 1. 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 interested 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 fmdings 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. 15-013, repealing Ordinance Nos. 15-005 and 15-009, and re-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. 5. On July 28, 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, Ordinance 16-011 Page 2 of 7 DRAFT 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 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. 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 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. 8. On January 5, 2016, City Council conducted a properly noticed public hearing on a six-month renewal and extension 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. 9. 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 Mining Form (commonly referred to as a "SM -6 Form") prior to the establishment of the moratorium. The parties requested such modification to prevent impacts from the moratorium to their existing and ongoing business operations. 10. On February 9, 2016, City Council adopted Ordinance No. 16-002, adopting findings of fact justifying a six-month renewal and extension of the moratorium and a modification to the moratorium to allow the City to process permits for mining operations where the operator received a SM -6 Form prior to the establishment of the moratorium. 11. On February 9, 2016, City Council adopted Ordinance No. 16-002, adopting a six-month renewal and extension of the moratorium and a modification to the moratorium to allow the City to process permits for mining operations where the operator received a SM -6 Form prior to the establishment of the moratorium. 12. Pursuant to Section 4 of Ordinance No. 16-003, the moratorium renewal will last "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." 13. Pursuant to RCW 36.70A.170, the City is required to designate "where appropriate...[m]ineral resource lands that are not already characterized by urban growth and that have long-term significance for the extraction of minerals." 14. Pursuant to RCW 36.70A.060, the City is required to adopt development regulations to ensure conservation of mineral resource lands designated pursuant to RCW 36.70A.170. 15. On March 27, 2003, the City originally adopted the Spokane County Comprehensive Plan as its interim Comprehensive Plan. The City's interim Comprehensive Plan included certain mineral resource designations for locations within the City's boundaries. Ordinance 16-011 Page 3 of 7 DRAFT 16. 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. 17. 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 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. 18. Pursuant to Spokane Valley Municipal Code ("SVMC") 19.120.050, mining is currently a permitted heavy industrial processing use within the heavy industrial (I-2) zone. 19. The City has existing gravel mining operations within its industrial zones 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 are usually irreversible even with appropriate reclamation planning These impacts can be permanent and can limit future industrial or other productive use of the site, even after the mine closes. 20. The City has a finite amount of available undeveloped industrial land. 21. 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 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. 22. With the planning issues and potential for 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 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. 23. Pursuant to Section 3 of Ordinance No. 15-013, as continued pursuant to Section 3 of Ordinance No. 16-003, 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 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 and/or 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 Ordinance 16-011 Page 4 of 7 DRAFT evidence related to the public health, safety, and welfare aspects of mining uses. Specifically, the Planning Commission shall consider mining in its consideration and deliberations for the City's 2015 Comprehensive Plan Update and shall develop proposals for mining and mining site operations within the City's 2015 Comprehensive Plan Update to be forwarded and recommended to the City Council for its consideration. The schedule for the City's 2015 Comprehensive Plan Update process is included in the City's Public Participation Program, adopted by the City Council on January 6, 2015, which identifies phases of the Comprehensive Plan Update process and anticipated meeting dates relevant to each of the phases. B. 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. 24. Pursuant to chapter 36.70A RCW, the City is in the process of developing its Comprehensive Plan Update. 25. 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 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 and/or elsewhere within the City. 26. 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. 27. 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"). The SCEO voted on November 4, 2015, to recommend to the BoCC 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. 28. 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 land use quantities to meet future growth needs. 29. 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. Ordinance 16-011 Page 5 of 7 DRAFT 30. The City has been working extensively since obtaining the future population forecast and allocation estimate to complete the Comprehensive Plan Update. City Council has heard numerous 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 City Council conducted a joint workshop with the Planning Commission. 31. However, due to the delay in recommendation and 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 August 21, 2016. 32. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws," which includes the adoption of regulations governing land uses within the City. 33. 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 fmdings 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." 34. A moratorium renewal enacted under RCW 35A.63.220 and/or 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. 35. 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. 36. 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 mining 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. 37. Staff has determined that a second six-month renewal of the moratorium on mining and/or related mining site operations originally established pursuant to Ordinance No. 15-013 and renewed with modifications pursuant to Ordinance No. 16-003 is categorically exempt from threshold determination and EIS requirements pursuant to Washington Administrative Code 197-11-800(19). 38. Notice of the public hearing on July 12, 2016, was published in the City's legal publication, the Valley News Herald, on June 24, and July 1, and 8, 2016. Ordinance 16-011 Page 6 of 7 DRAFT 39. On July 12, 2016, City Council conducted a properly noticed public hearing on a second six- month 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 and renewed and modified pursuant to Ordinance No. 16- 003. 40. At the public hearing, City Council heard verbal testimony from one interested party opposed to the moratorium. The City Council has given due consideration to all public testimony received. 41. The adoption of a second six-month 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 and renewed and modified pursuant to Ordinance No. 16-003, is consistent with the goals and policies of the City's Comprehensive Plan and the development of the City's Comprehensive Plan Update. 42. The City Council finds that a second six-month renewal of the moratorium originally imposed and established by Ordinance No. 15-013 and renewed and modified pursuant to Ordinance No. 16-003 is necessary for the preservation 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 of this 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 day of August, 2016. ATTEST: L.R. Higgins, Mayor City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 16-011 Page 7 of 7 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 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 DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, July 12, 2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember ABSENT: Pam Haley, Councilmember Staff Mark Calhoun, Acting City Manager Erik Lamb Deputy City Attorney Mike Stone, Parks & Rec Director Steve Worley, Capital Imp. Progm Mgr Mark Werner, Police Chief John Hohman, Comm & Eco. Dev Director Sean Messner, Senior Traffic Engineer Lori Barlow, Senior Planner Carolbelle Branch, Public Information Officer Matt Dowgin, Legal Intern Christine Bainbridge, City Clerk INVOCATION: In the absence of a pastor, a few moments of silence were observed. 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 except Councilmember Haley. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to excuse Councilmember Haley from the meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Wood: said he participated in the tour of marijuana operations, said it is a fascinating process; said he went to the Spokane Home Builders Association Government Affairs meeting where they discussed the Growth Management Act. Councilmember Collier: reported that the also attended the tour of marijuana operations, that it was impressive, particularly the grow operations, and that they employee 200 employees. Councilmember Pace: no report. Deputy Mayor Woodard: said he also attended the tour and agreed it is an impressive process, very scientific, and very high quality control. MAYOR'S REPORT: Mayor Higgins reported that he attended the Visit Spokane Board Meeting; and went to a farewell reception for Colonel McDaniel who is leaving Fairchild Air Force Base; also attended the Spokane Valley Summer Theater presentation of Buddy Holly at the Central Valley High School theater, and said it was an excellent production. PROCLAMATION: n/a PUBLIC COMMENTS: Mayor Higgins explained the process, and invited public comments. Although Mr. John Harding had signed up to speak, said he declined to speak at this time. Ms. Peggy Doering, Minutes Regular Council Meeting: 07-12-2016 Page 1 of 5 Approved by Council: DRAFT Executive Director of Valleyfest: invited everyone to the July 31 Cycle Celebration which stars at 7 a.m. at Riverpoint Park, and includes a ten, twenty-five, and fifty mile bike ride; and she mentioned the new event of a bike rodeo for families and children. There were no further public comments. 1. PUBLIC HEARING: Mining Moratorium, Second Extension — Erik Lamb Mayor Higgins opened the public hearing at 6:10 p.m. Deputy City Attorney Lamb explained the purpose of this hearing and the background of the moratorium, all as noted in his July 12, 2016 Request for Council Action form; said the current moratorium is set to expire August 21, 2016, and that we do not anticipate having the comprehensive plan completed by that date, therefore, staff recommends a six-month renewal, which is permitted by law, and which would be followed by Council also approving findings at a future meeting. Mayor Higgins invited public comment. Mr. Paul Franz: said he represents Central Pre -Mix and questioned the need to continue the moratorium since there are no applications; said he is working with the City to get the Department of Natural Resource (DNR) paperwork signed, and they have an application to the City to combine the two existing pits: Sullivan and Flora; said they purchased the County's Flora pit and wish to mine them as one operation; and that they are waiting for the City's signature; and he asked if the language of the moratorium would prevent the signing of the DNR paperwork, and if so, he would request a change in the verbiage. Mr. Lamb explained that there is nothing in the moratorium that prevents staff from processing that paperwork, said some additional information was received late this afternoon and staff is working through the process. Mr. Tony Lazanis asked about mining in or near the river and Mayor Higgins assured him there is no mining in the river and that these gravel pits are not located in or near the river. There were no further public comments and Mayor Higgins closed the public hearing at 6:23 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of 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 It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Second 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 approve Ordinance No. 16-010, adopting amendments to Appendix A, chapter 19.85 SVMC 19.120.050 relating to marijuana regulations, and repealing the existing marijuana -related moratoriums. Mr. Lamb explained that no changes have been made since the first reading, and Mayor Higgins invited public comment. Mr. John Harding, Spokane Valley: said the marijuana problem is increasing in the schools, and asked about including churches on the list of buffer areas. Mr. Lamb said that is not covered by state law but staff could look at adding that if Council desires, but such change might require an additional public hearing. Mr. Paul Bielec, Post Falls: said he represents Bielec Properties and they currently have two grow operations and he has quite a bit of vacant space, and since the moratorium, he can't lease his space to other operations; said he favors passing the ordinance and would like to see additional grow operations allowed. There were no further public comments. It was moved by Councilmember Wood and seconded, to amend the ordinance to include churches and hospitals added to the buffer list. During Council discussion, Mr. Lamb confirmed that would represent a substantial change and would require a public hearing, and that if desired, staff could come back with information on churches within those zones. After further brief Council discussion, Council voted by acclamation on the motion to amend: In Favor: Councilmember Wood,- Opposed: Mayor Higgins, Deputy Minutes Regular Council Meeting: 07-12-2016 Page 2 of 5 Approved by Council: DRAFT Mayor Woodard, and Councilmembers Pace and Collier. Motion to amend failed. Vote by acclamation on the original motion to approve the ordinance: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Pace and Collier. Opposed: Councilmember Wood. Motion passed. Mr. Lamb said when the Comprehensive Plan is discussed concerning marijuana, that the discussion could also include hospitals and churches. 4. Motion Consideration: To Determine Interviews for Vacant Council Position #7 — Chris Bainbridge After City Clerk Bainbridge explained the process for determining who to interview for vacant Council Position 7, the floor was opened for nominations. Councilmember Pace nominated David Starr, the nomination was seconded. Deputy Mayor Woodard nominated Michelle Rasmussen, the nomination was seconded. Councilmember Collier nominated Michael Munch, the nomination was seconded. There were no further nominations and it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to close the nominations. Ms. Bainbridge reminded Council that at least three votes would be required to interview a candidate. The vote for each candidate was done by raising hands. Vote for David Starr: In Favor: Unanimous. Mr. Starr will be interviewed. Vote for Michelle Rasmussen: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmember Wood. Ms. Rasmussen will be interviewed. Vote for Michael Munch: In Favor: Mayor Higgins, and Councilmembers Pace, Collier and Wood. Mr. Munch will be interviewed. City Clerk Bainbridge said she would contact all applicants to let them know the outcome of tonight's vote. 5. Motion Consideration: State Route 27/Mirabeau Parkway Intersection Bid Award — Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the Pines Road (SR 27) and Mirabeau Parkway Intersection Project to Cameron -Reilly, LLC in the amount of $204,158.17 and to authorize the Acting City Manager to finalize and execute the construction contract. After Mr. Worley described the project and the outcome of the bid, Deputy Mayor Woodard stated that he was surprised Cameron Reilly was the low bidder since they are primarily a sidewalk and curb company, and as electronics are a large part of this project, he assumed they have a subcontractor. Mr. Worley replied that they do, and that they meet the required specifications on the percentage of work to be done; he said the bids were very close and that he is confident they can do the work within those specifications and requirements. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. Motion Consideration: Innovative Safety Program Call for Projects — Sean Messner It was moved by Deputy Mayor Woodard and seconded 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. Senior Traffic Engineer Messner explained about the safety program call for projects, as noted in his July 12, 2016 Request for Council Action form; that the main purpose of these projects are the safety benefits; said there is also limiting criteria as the area in question must have had fatal or serious crashes in the last five years, which he explained is how the list of intersections was developed. Concerning Council's previous questions about adding reflective sheets to stop signs, Mr. Messner explained that that safety project is currently underway and they are working to replace about 2,000 signs; said 40 will have the red sheets for stop signs, and that the 25 mph signs will be replaced as well, and will have added white reflective sheetings; he said these will start to be applied this summer; but that those items are not eligible for this grant. Mayor Higgins invited public comment. Mr. John Harding, Spokane Valley: asked about who maintains the signals and said he is aware some of those traffic signals ae very old. Mr. Messner replied that while we obtain a lot of grants, there are not many for maintenance and this grant cannot be used for maintenance either; said he is aware that some of the traffic signals are aging and Public Works has developed a replacement plan. There were no other public comments. Mr. Calhoun noted that Public Works Director Guth had discussed this plan during the budget workshop and the goal is to include that as part of the 2017 budget. Deputy Mayor Woodard said that at Highway 27 and 16th there has been a reduction of the number of T-bone accidents for people trying to cut across Pines; and said that might be an item for a future discussion. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Minutes Regular Council Meeting: 07-12-2016 Page 3 of 5 Approved by Council: DRAFT PUBLIC COMMENTS: Mayor Higgins invited public comment. Mr. Adam Smith, Spokane Valley: said he wanted to introduce himself as a community member, and said he hopes to be involved in the community as there are not a lot of people his age very involved. Mayor Higgins called for a recess at 7:05 p.m.; he reconvened the meeting at 7:15 p.m. ADMINISTRATIVE REPORTS: 7. Fiscal Year 2018 Transportation Improvement Board Call for Projects — Steve Worley Mr. Worley explained about the Transportation Improvement Board (TIB) Call for Projects; said he identified four projects as noted on his July 12, 2016 Request for Council Action form, three that would fall under the Urban Arterial Program, and one for the Urban Sidewalk Program; and said that tonight he seeks Council's input. Mr. Worley said that the Sullivan/Euclid Concrete Intersection program was also submitted last year when we were seeking $1.2 million, which was the entire cost of construction, and that now we are asking for $660,000; that the Mission Avenue project should score well under the criteria and said that this is the only four -lane section left on Mission, that Mission would score better if we changed from four to three lanes; said the sidewalk projects are needed as a large apartment complex has been started in the area, outside our city limits, but as there will be more people using the system, this is a good opportunity to provide safer access for pedestrians and transit users. Councilmember Pace said he likes the 32nd Sidewalk project, but doesn't like the idea of the lane reduction on Mission and would oppose that. In response to a question about the Euclid reconstruction project and the bike and pedestrian facility and who would use that, Mr. Worley said that Euclid is part of the Bike and Pedestrian Master Plan; that whenever we do a road project we try to identify some kind of pedestrian facility and without one, we won't get funded. Further concerning that Euclid Reconstruction project, Mr. Calhoun said that this was one of those items discussed during the budget workshop, but perhaps this is not worth pursuing as we could include that in the 2017 budget with or without the grant. Deputy Mayor Woodard said he prefers going after projects that would score well, and on Mission, he too doesn't like the idea of taking four lanes down to three. Councilmember Collier also commented about not reducing the amount of lanes so close to the hospital and that it could pose potential hazards. Mr. Worley explained that the TIB sees the lane reduction as a means to reduce crashes, as it has been proven that reducing four lanes to three does reduce crashes; and in the case of emergency vehicles on the roadway, that middle lane gives drivers a safe place to move out of the way, whereas having those other two lanes creates more confusion in those circumstances; adding that there is less traffic on Mission than on Broadway, and that Mission can handle the single lane each direction as there isn't that much traffic. It was ultimately determined to keep the Sullivan/Euclid Concrete Intersection Project and the 32nd Avenue Sidewalk Project to pursue for the grants, but not keep the Euclid Avenue Reconstruction or the Mission Pavement Preservation Project. 8. Greenhouse Gas Emissions Reduction Policy — Steve Worley Mr. Worley explained the purpose for pursuing a greenhouse gas emission reduction policy, as stated in his July 12, 2016 Request for Council Action form. Council discussion ensued, including comment that it appears the policy would not represent any additional work on staffs part, and includes things we are already doing; that the positive side of this means possible extra points when applying for grants. Councilmember Pace said he feels it would be good to clarify that this is something we are considering and not forcing people to do, and asked if this would affect developers or property owners. Mr. Worley said community development staff reviewed the draft policy, and it doesn't appear to, but that we have not checked with stakeholders or posted this information specifically seeking public comment. Council consensus was that this appears to be fine as it would help in acquiring grants, that it appears to be a good concise policy, but prior to approving a policy, suggested we get some stakeholder input. Minutes Regular Council Meeting: 07-12-2016 Page 4 of 5 Approved by Council: DRAFT 9. Spokane Regional Transportation Management Center Interlocal Agreement — Sean Messner, Eric Guth Traffic Engineer Messner briefed Council on the history behind the Spokane Regional Transportation Management Center (SRTMC) Interlocal Agreement, including our involvement; said we have our own traffic software and the SRTMC picks that up; we ordinarily would pay $10,000 for that but that figure balanced against the $15,000 annual member contribution, gives us a net owed of just $5,000; said the value we get is good and includes incident reports on state routes, adding that many citizens use I-90 weekly; regionally, we are trying to quantify the return on services, and WSDOT is making efforts to give us something to look at; said the $5,000 is an invaluable contribution and keeps us as a regional partner for future grant purposes. Mr. Messner said the current interlocal expires December 31, 2017, but it takes time to get agreement with all the jurisdictions; and said a draft interlocal will be coming to Council in a few weeks. Mr. Messner suggested, and Council concurred, that staff should give an update on this topic every August. Councilmember Pace said that since we can choose not to participate, why not do so now as the regional overhead and entanglements don't seem to give us much. Mr. Messner explained that grant applications like the CMAQ (Congestion Mitigation and Air Quality) refer back to a regional system, so this would be helpful in future grants; from an operational perspective, he said we are self-sufficient now, but there is a benefit to staying with the partnership as if we leave, while we hope they wouldn't disband, it would be a possibility, and that could increase drive time because of the interconnectivity with WSDOT and our interchanges, for example, signal timings on Pines and Trent and our coordination with WSDOT to implement timing changes. Mr. Messner said by staying we have a larger say over those signal timings. In response to Councilmember Collier about deduction of grant points if we were no longer with SRTMC, Mr. Messner replied that CMAQ grants vary, but it could mean as much as five or six points less. 10. Annexation Discussion — Lori Barlow, Matt Dowgin Deputy City Attorney Lamb introduced Legal Intern Matt Dowgin, and said that Mr. Dowgin followed by Ms. Barlow, will be giving an overview to explain some considerations regarding annexations, of what has been occurring elsewhere, and how annexation might work. Mr. Dowgin stated that although the PowerPoint slides indicate there are three methods of annexation, there really are seven, but that he will focus on the three most common methods: voter initiated election, City Council initiated election, and Direct Petition; and spoke about annexation within the Urban Growth Area (UGA), as well as assumption of indebtedness. Senior Planner Barlow then discussed some of the reasons as well as pros and cons for annexation, spoke about some of the general guidelines to evaluating annexation proposals, consequences of annexation, annexation goals and policies, and showed maps of Liberty Lake annexations, fire and water districts within the UGA, County zoning for UGA, and the where those Urban Growth areas are located. 11. Advance Agenda — Mayor Higgins There were no suggested changes to the Advance Agenda. INFORMATION ONLY n/a CITY MANAGER COMMENTS Mr. Calhoun had no additional comments. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:53 p.m. ATTEST: L.R. Higgins, Mayor Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 07-12-2016 Page 5 of 5 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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 of proposed Ordinance No. 16-012 adopting a second six-month renewal of the 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 with modifications pursuant to Ordinance Nos. 16-002 (adopting Findings) and 16-003. City Council heard an administrative report on a second six-month renewal on July 5, 2016, conducted a public hearing on July 12, 2016, and had a first reading on July 26, 2016. 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. On February 9, 2016, the City adopted a six-month renewal of the moratorium with modifications pursuant to Ordinance No. 16-003. Pursuant to Section 4 of Ordinance No. 16-003, the moratorium was renewed for a term that lasts "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." As discussed during the administrative report on July 5, 2016, and the public hearing on July 12, 2016, the City does not anticipate it will complete its Comprehensive Plan update by August 21, 2016, and so City staff have recommended a second six-month renewal of the moratorium. Pursuant to State law, the City is authorized to adopt a six-month renewal of an existing moratorium, provided the City first conducts a public hearing and adopts findings of fact justifying the renewal of the moratorium prior to such renewal. The City Council has conducted a public hearing on the renewal of the moratorium. During the public hearing, Council heard testimony from one interested party. Page 1 of 2 As required by State law, City Council will adopt findings of fact justifying a second six-month renewal of the moratorium on mining prior to adoption of the second renewal. Those findings of fact are part of proposed Ordinance No. 16-011. Information on the background of the moratorium, the process leading to the need for the renewal, and the public comments received during the public hearing are attached to this RCA for Council's review. Ordinance No. 16-011, which contains the findings of fact justifying the moratorium and the related items supporting adoption of the renewal, including copies of the Ordinance Nos. 15-013, 15-015, 16-002, and 16-003, the RCA from the July 12 public hearing, and draft minutes of the public hearing testimony, are not included in this packet item as they are being considered at the same meeting as part of the consideration of Ordinance No. 16-011 immediately prior to consideration of the second renewal. OPTIONS: Move to approve proposed Ordinance No. 16-012, with or without further amendments; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance No. 16-012, adopting a second six-month renewal of the 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. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Erik Lamb, Deputy City Attorney; John Hohman, Community and Economic Development Director; Cary Driskell, City Attorney ATTACHMENTS: Proposed Ordinance No. 16-012 See RCA for Aug 3, 2016 meeting for Proposed Ordinance No. 16-011 for copy of Ordinance No. 16-011 and supporting documentation Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A SECOND SIX MONTH RENEWAL OF THE MORATORIUM ON MINING AND MINERAL PRODUCT MANUFACTURING ORIGINALLY ESTABLISHED PURSUANT TO ORDINANCE NO. 15-013 AND RENEWED WITH MODIFICATIONS PURSUANT TO ORDINANCE NO. 16-003, 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 15-009; and WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on February 9, 2016, the City adopted Ordinance No. 16-003 renewing and extending the moratorium adopted pursuant to Ordinance No. 15-013 with modifications for a period of six -months; and WHEREAS, pursuant to Ordinance No. 16-003, the moratorium shall expire at 11:59 p.m. on August 21, 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 August 21, 2016; 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 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 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 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.390 and Ordinance No. 16-003, on July 12, 2016, the City Council conducted a properly noticed public hearing on the second renewal of the moratorium on mining and/or related mining site operations for a six-month period; and Ordinance 16-012 Page 1 of 3 DRAFT WHEREAS, at the public hearing, City Council heard verbal testimony from one interested party opposed to the moratorium, which has been considered by City Council as part of the record for the second renewal; 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 and prior to such renewal; and WHEREAS, on August 3, 2016, pursuant to Ordinance No. 16-011, City Council adopted findings of fact justifying a second six-month 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 and renewed and modified pursuant to Ordinance No. 16-003; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the City Council finds the adoption of a six-month 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 and renewed and modified pursuant to Ordinance No. 16-003 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 36.70A.390, the City Council has conducted a properly noticed public hearing and adopted findings of fact justifying a second six-month 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 and renewed and modified pursuant to Ordinance No. 16-003. 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 processing, stockpiling, and mineral batching as originally established pursuant to Ordinance No. 15-013 and renewed and modified pursuant to Ordinance No. 16-003 is hereby renewed and extended for a second six-month (180 day) period as set forth in Section 4 herein. B. 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. 15-013, 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 as an approval or acceptance by the City of any Ordinance 16-012 Page 2 of 3 DRAFT mining or mining site operations, legal rights relating to any such sites or operations, or approval, permission, allowance, 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 No. 15-013 and continued pursuant to Ordinance No. 16-003 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 for a period of six -months (180 days) from the expiration date of the first renewal of the moratorium until 11:59 p.m. on February 17, 2017, 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 5. 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 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this day of August, 2016. L.R. Higgins, Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Date of Publication: Office of the City Attorney Effective Date: Ordinance 16-012 Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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: Ordinance first reading — proposed electrical franchise Ordinance 16- 013 - Inland Power & Light. GOVERNING LEGISLATION: RCW 35A.47.040. PREVIOUS COUNCIL ACTION TAKEN: Administrative report July 26, 2016. BACKGROUND: Upon incorporation, the City inherited an electrical franchise previously granted by Spokane County to Inland Power & Light (IPL), a cooperative entity which provides electricity to some of the City's residences and businesses. IPL is one of four providers of electricity within the City. This proposed electric franchise is for 25 years, and would allow IPL to continue to locate and maintain its transmission and distribution facilities within the City's rights-of-way, subject to a number of conditions contained in the franchise ordinance. OPTIONS: (1) move to a second reading; or (2) request additional information. RECOMMENDED ACTION OR MOTION: I move we advance Ordinance 16-013 granting an electrical franchise to Inland Power & Light, on a future agenda for a second reading. BUDGET/FINANCIAL IMPACTS: NA. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed electrical franchise Ordinance 16-013. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 16-013 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING TO INLAND POWER & LIGHT A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT AND MAINTAIN POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DISTRIBUTION OF ELECTRICITY WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service"; and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective"; and WHEREAS, this Ordinance has been submitted to the City Attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject to its terms and conditions, is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terns shall have the meaning set forth below: "Inland Power & Light" means Inland Power & Light, a Washington cooperative, and its respective successors and assigns, agents and contractors. "City Manager" means the City Manager or designee. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 1 of 13 DRAFT "facilities" means, collectively, any and all electric transmission, and distribution systems and appurtenances owned by Inland Power & Light, now and in the future in the franchise area, including but not limited to, poles, towers, overhead and underground wires and cables, conduits, vaults, transformers, meters, meter -reading devices, communication and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing for the purposes of transmission, distribution, and control of electricity, whether the same be located above or below ground. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "hazardous substances" shall have the same meaning as RCW 70.105D.020(10). "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. "public property" shall mean any real estate or any facility owned by the City. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, trail, bike path, Grantee easement, and/or public way now or hereafter held or administered by the City, to the extent the City has the right to allow the Grantee to use them. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto Inland Power & Light (hereinafter "Grantee"), a franchise for a period of 25 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace, upgrade and use all necessary equipment and facilities to place electric facilities in, under, on, across, over, through, along or below the public rights-of-way located in the City of Spokane Valley, and other public places as agreed to by the parties in writing (which may be accomplished by written agreement of the City Manager and Grantee's Chief Operations Officer as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). The parties may renew this franchise for an additional 25 years by mutual written agreement, which may be exercised at any time within the final year of the initial franchise term. Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties; provided, however, that this provision shall not preclude the City from later adopting a subsequent ordinance imposing a utility tax in conformance with applicable state and local laws. Section 4. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 2 of 13 DRAFT of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 5. Non -Exclusivity. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights-of- way that do not materially interfere with Grantee's rights under this franchise. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. City may not, however, award an electric franchise to another party under more favorable or less onerous terms than those of this franchise without this franchise being amended to reflect such more favorable or less onerous terms. Section 6. Non -Interference with Existing Facilities. Grantee shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable electric service within the Franchise Area, subject to the following non-interference requirements. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. In the event the City, its agents or its contractors, perform grading, excavating, or other necessary road work contiguous to Grantee's facilities, the City shall give Grantee not less than 10 business days' notice of said work. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the City. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other wires, conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Public Works Director. Section 7. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. Joint users will be required to contribute to the costs of excavation and filling on a pro -rata basis. ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 3 of 13 DRAFT Section 8. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 9. Tree Trimming. All such pruning, trimming and removal shall be done by Grantee or its authorized contractors at the Grantee's sole cost and expense. State law requires electric utilities to comply with the National Electric Safety Code, including the guidance for the trimming or removal of vegetation interfering or potentially interfering with energized power lines. The right of Grantee to maintain its facilities and appurtenances under this franchise shall accordingly include the right, as exercised in Grantee's professional discretion, to utilize an integrated vegetation management program to minimize the likelihood that vegetation encroaching (either above or below the ground) on Grantee's facilities can lead to power outages and other threats to public safety and welfare. Grantee or its agents may inhibit the growth of, prune, or remove any trees and vegetation which overhangs or encroaches upon its electric transmission and distribution corridors within the franchise area, whether such trees or vegetation originate within or outside of the rights-of-way. Grantee shall consult with the City Parks Department prior to removing any tree in excess of six inch diameter at breast height. The parties agree to develop a pilot program under separate agreement that promotes the replacement of inappropriate vegetation that interferes with Grantee's facilities. Section 10. Emergency Response. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency contact, along with the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to respond in a timely manner with action to aid in the protection the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 11. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 12. Safety. All of Grantee's facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the facilities. Section 13. Temporary Movement of Grantee's Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon at least 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as mutually agreed upon by Grantee and the City. Upon good cause shown by Grantee, the City may provide more than 14 days' notice to Grantee to move its facilities. Section 14. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in the rights-of-way, or upon Grantee's notice of any addition or annexation to the City of any area in which Grantee retains any such facilities in the rights-of-way, the Grantee shall submit to the City a written statement with an electronic GIS map describing all facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 4 of 13 DRAFT immediately be subject to the terms of this franchise. Section 15. Dangerous Conditions - Authority of City to Abate. Whenever Grantee's excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. In the event the City were to undertake any actions contemplated by this Section 15, it would only hire third -party contractors previously approved by Grantee as having the experience and technical knowledge to safely perform such repairs for public safety purposes. Section 16. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its facilities within the City's rights- of-way. Section 17. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee, whether said requirement is during the term of the franchise or subsequent to its termination. Section 18. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, remove, or convert from overhead to underground any of its facilities when so required by the City, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its facilities required to be temporarily disconnected or removed. The Parties agree that it may be appropriate at a later date to re -open this Agreement for the purpose of addressing undergrounding, including how it may be paid for. In order to invoke this provision, one party shall notify the other party at least 30 days prior to requesting a meeting on this topic. If the City determines that the project necessitates the relocation of Grantee's then -existing facilities, the City shall: a) At least 60 days prior to the commencement of such improvement project, provide Grantee ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 5 of 13 DRAFT with written notice requiring such relocation; and b) Provide Grantee with copies of the plans and specifications for such improvement project. c) After receipt of such notice and such plans and specifications, Grantee shall complete relocation of its facilities at no charge or expense to the City so as to accommodate the improvement project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this section. In the event the proposed relocation results in Inland Power & Light being required to relocate outside of the right of way, City agrees to assist Inland Power & Light in attempting to procure an easement or other rights. Additionally, if the City requires the subsequent relocation of any of Grantee's Facilities within five years from the date of relocation of such Facilities or installation of new Facilities, the City shall share one-half of the cost of such subsequent relocation. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 19. Abandonment of Grantee's Facilities. No facility constructed or owned by Grantee may be abandoned without the express written consent of the City, which consent shall not be unreasonably withheld. The City has discretion and authority to direct Grantee to remove a facility abandoned by Grantee (whether or not the entity had permission to abandon the facility) and restore the rights-of-way to their pre- removal condition when: (a) a City project involves digging that will encounter the abandoned facility and the location of the abandoned facility will impedes the progress of such project; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; or (c) the facilities are owned by Grantee and have not been in continuous use for a 24 month period. Grantee may delay removal of the abandoned facility until such time as the City commences a construction project in the rights-of-way unless (b) above applies. When (b) applies, Grantee shall remove ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 6 of 13 DRAFT the abandoned facility from the rights-of-way as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the rights-of-way that were damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee. If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to reimbursement from Grantee for such costs, including reasonable attorney's fees and costs. Section 20. Maps and Records Required. Upon request, Grantee shall provide the City, at no cost to the City: 1. An electronic GIS route map that depicts the general location of the Grantee's facilities placed in the rights-of-way. The route map shall identify facilities as aerial or underground and is not required to depict service lines to individual subscribers and is not survey grade. Inland Power & Light does not warrant the accuracy of such facility location information provided and, to the extent the location of facilities are shown, such facilities may be shown in their approximate location. 2. In connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City improvement projects. 3. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. 4. In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Grantee's engineering needs for construction or maintenance of facilities that are the subject of this franchise. Grantee and the City are prohibited from selling any GIS information obtained under this franchise to any third parties. 5. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non -disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non -disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under RCW 42.56.540. Section 21. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then -adopted regulations relating to street cuts and excavations. The City is a party to the ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 7 of 13 DRAFT Inland Northwest Regional Pavement Cut Policy, and shall maintain a copy of the currently adopted Policy on its website or similar broad means of dissemination. Section 22. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the facilities, as proposed, would materially interfere with the public health, safety or welfare. Section 23. Remedies to Enforce Compliance In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 24. City Ordinances and Regulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law or the tariff. In the event of a conflict between the Municipal Code and this franchise, the Municipal Code shall control. Section 25. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. The City shall timely notify Inland Power & Light of any proposed street vacations so that Inland Power & Light may request the inclusion of an appropriate easement in the area to be vacated. Section 26. Indemnification. 1. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement; except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: a) For which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing the activities authorized by a franchise are a proximate cause; b) By virtue of the City permitting grantee's use of the City's rights -of -ways or other public property; c) Arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility, in any right-of-way, or other public place in performance of work or services permitted under a franchise. 2. Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by Grantee's own employees and the employees of Grantee's agents, ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 8 of 13 DRAFT representatives, contractors and subcontractors even though grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Grantee's exercise of the rights set forth in a franchise. The obligations of Grantee under this subsection have been mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a franchise without Grantee's waiver. To the extent required to provide this indemnification and this indemnification only, Grantee waives its immunity under RCW Title 51. 3. The City shall indemnify and hold harmless Grantee and its officers, volunteers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents and employees, relating to or arising out of the performance of this franchise. 4. If the comparative negligence of the parties and their officers, volunteers, agents, and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. 5. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that Grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The City has the right to defend or participate in the defense of any such claim. 6. In the event any matter (for which the City intends to assert its rights under this Section) is presented to or filed with the City, the City shall promptly notify Grantee thereof and Grantee shall have the right, at its sole cost and expense, to settle and compromise such matter as it pertains to Grantee's responsibility under this Section 26. In the event any suit or action is commenced against the City based upon any such matter, the City shall likewise promptly notify Grantee thereof, and Grantee shall have the right, at its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to Grantee's responsibility under this Section 26. Failure of the City to give notice as required herein shall not be a defense except and to the extent that Grantee demonstrates actual prejudice therefrom. 7. In the event that Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees, the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. 8. Grantee's duty to defend, indemnify and hold harmless City against liability for damages caused by the concurrent negligence of (a) City or City's agents, employees, or contractors, and (b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 9 of 13 DRAFT 9. Notwithstanding any other provisions of this section, Grantee assumes the risk of damage to its facilities located in the rights-of-way and upon City -owned property from activities conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Grantee's facilities as the result of any interruption of service due to damage or destruction of Grantee's facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. 10. The provisions of this section shall survive the expiration, revocation or termination of this franchise. Section 27. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance, or provide self-insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents, representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non -owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and 2. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be a named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured -State or Political Subdivisions -Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 10 of 13 DRAFT 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after 30 days prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 28. Performance Bond Relating to Construction Activity. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed twenty-five thousand dollars, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 29. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 30. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 31. Assignment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation or otherwise. Section 32. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60 -day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 11 of 13 DRAFT Section 33. Survival. All of the provisions, conditions and requirements of sections: 4, 5, 6, 12, 15, 16, 17, 18, 19, 26, 27, 28, 36, 37 and 38 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 34. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of this Ordinance are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 35. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereof. In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 36. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise specified, in writing: The City: Grantee: City of Spokane Valley Attn: City Clerk 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 (after September 1, 2017, please use: 10210 East Sprague, Spokane Valley, WA 99206) Inland Power & Light Attn: Connie Nelson PO Box A Spokane, WA 99219-5000 Phone: (509) 789-4291 Section 37. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the Eastern District of Washington. Section 38. Non -Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 39. Entire Agreement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 12 of 13 DRAFT written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 40. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2016. R.L. Higgins, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Accepted by Inland Power & Light: By: Chad Jensen, CEO The Grantee, Inland Power & Light, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of _ , 2016. Subscribed and sworn before me this day of , 2016. Notary Public in and for the State of residing in My commission expires ORDINANCE 16-013 GRANTING ELECTRICAL FRANCHISE TO INLAND POWER & LIGHT - Page 13 of 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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: Update on FASTLANE Grant Application PREVIOUS COUNCIL ACTION TAKEN: Adoption of 2016-2021 Six -Year TIP, Resolution No. 15- 005, June 23, 2015; Consensus to move ahead with these grant opportunities and with consultant assistance at the March 15 Council Workshop. Administrative report on March 29, 2016. BACKGROUND: On February 26, 2016, USDOT announced it was soliciting applications for $800 million in FASTLANE grants. The availability of the dedicated grants marked the first time in USDOT history that a program established broad, multiyear eligibilities for freight infrastructure, including intermodal projects across the country. FASTLANE grants will address many of the challenges outlined in the USDOT report "Beyond Traffic," including increased congestion on the Nation's highways and the need for a strong multimodal transportation system to support the expected growth in freight movement both by ton and value. It is also in line with the Department's draft National Freight Strategic Plan released in October 2015, which looks at challenges and identifies strategies to address impediments to the efficient flow of goods throughout the Nation. Staff evaluated the FASTLANE grant criteria and recommended to City Council that the City pursue FASTLANE grant funding for both the Barker Road/BNSF Grade Separation and the Pines Road/BNSF Grade Separation Proiects. Both projects would improve truck and train operations, enhance safety and emergency vehicle access, reduce noise, and would be improvements to the City's overall quality of life. Applications were submitted prior to the deadline of April 14, 2016. Update: Staff was informed recently of the US Department of Transportation's list of selected projects, and unfortunately the City's projects did not make the selected project list (attached). USDOT passed this project list on to the U.S. Senate Committee on Environment and Public Works, which disseminated it publically. Now, the U.S. Congress has 60 days to review the list before USDOT can officially grant the awards. If Congress takes issue with the list, they can pass a joint resolution directing the Secretary to reevaluate the awards. Staff will continue to monitor Congress' decision, and if there are any changes to the selected project list we will inform City Council. As we have done with past USDOT applications, staff will debrief with a USDOT representative to discuss our application, their review, and ask how we can strengthen our application for the next round of FASTLANE grants. This year was the first of a five-year grant program. So, there will be a call for projects each year for the next four years. Staff will likely recommend the City submit applications each year with the goal of receiving funding for our grade separation projects. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Eric Guth — Public Works Director ATTACHMENTS: USDOT FASTLANE Selected Projects List. U.S. Department of Transportation Proposed FY 2016 FASTLANE Project Awards Pursuant to Section 1105 of the FAST Act, the Department is providing this list of proposed awards to the authorizing committees of jurisdiction. This list must remain with the committees for 60 days before issuing the awards. The U.S. Department of Transportation conducted a thorough and fully documented review process to choose projects that will have significant regional and national impacts by reducing congestion, expanding capacity, using innovative technology, improving safety, or moving freight more efficiently. This list of proposed Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies (FASTLANE) grant awards is the culmination of a thorough technical assessment of 212 applications requesting a total of $9.8 billion, more than 10 times the available amount. Duo to funding limitations, we were only able to fund a small percentage of the excellent, eligible applications. Project Name Project Applicant Organization Stale Size FASTLANE Prosposed Award Total Project Cost 117(d)(2)(A) Limitation' Interstate 10 Phoenix to Tucson Corridor ImprovementsO"a Department of Transportation AZ Large 554,000,000 5157,500,000 SR -11 Segment 2 and Southbound Connectors California Department of Transportation CA Large 549,280,000 5172,200,000 - Arington Memorial Bridge Reconstruction Project National Park Service DC Large 590,000,000 5166,000,000 - Port of Savannah International Multi -Modal Connector Georgia Ports Authority GA Large 544,000,000 5126,700,000 532,000,000 1-10 Freight CaRE Louisiana Department of Transportation and Development LA Large 650,000,000 5193,508,409 - Conley Terminal Intermodal Improvements and Modernization Massachusetts Port Authority MA Large 542,000,000 5102,890,000 542,000,000 1-390n-490/Route 31 Interchange, Lyell Avenue Corridor Proiect New York State Department of Transportation NY Large $32,000,000 $162,900,000 - US 69175 Bryan County Oklahoma Department of Transportation OK Large $62,000,000 5120,625,000 - Atlantic Gatetivay. Partnering to Unlock the 1-95 Corridor Vrginia Depatioartnment of Transpot VA Large 5165,000,000 5905,000,000 $45,000,000 South Lander Street Grade Separation and Railroad Safety Project City of Seattle WA Large 545,000,000 5140,000,000 - 1-39!90 Corridor Project Wisconsin Department of Transportation Wl Large 540,000,000 51,195,300,000 - Truck Parking Availability System (TPAS) Florida Department of Transportation FL Small S10,778,237 523,983,850 - Cedar Rapids Logistics Park lora Department of Transportation IA Smat 525,650,000 546,500,000 525,650,000 U.S 95 North Corridor Access Improvement Project 95 North Corridor Access Improvement Project ID 10 Small 55,100,000 58,500,000 - Maine Intermodal Port Productivity Project Maine Department cfTransportation ME Small $7,719,173 $15,438,347 57,122,485 Cross Harbor Freight Program (Rail) The Port Authority of New York. and New Jersey NY Small 510,672,590 517,787,650 510,672,590 Coos Bay Rail Line -Tunnel Rehab nation Project Oregon International Pod of Gods Bay OR Small 514,000,000 519,555,000 511,000,000 Strander Boulevard Extension and Grade Separation Phase 3 City of Tukwila WA SmaA 55,000,000 538,000,000 - Total 5759,200,000 $3,612,388,256 5173,445,075 Legend: Urban: While Rural: Gray 'Number is estimated and subject to revision based on final negotiated project budgets CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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: Administrative report — Brown's Park — Lease of a portion to Water District 3 for well facilities. GOVERNING LEGISLATION: SVMC 3.49.020(D) PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Soon after incorporation as a city, Spokane Valley received Brown's Park from Spokane County, along with the other parks in the City. A brief history of Brown's Park is being provided for context. Up until 1969, the owner of what is now Brown's Park was owned by the Yamamoto family, which farmed this as part of a larger farm. In 1969, the Yamamotos granted an easement and water right to a well, believed to be where the current well pumphouse is near the west/central side of the park. This was granted to the Guthries and West Valley Builders, Inc. It is unclear at this time who any successors in interest were to this easement and water right. Between 1969 and 1977, the Yamamotos transferred the property to the Brown family, which then transferred what is now the park to Spokane County in 1977. In 1978, Washington Water Power (now Avista, which subsequently got out of the water district business and transferred its assets to Water District 3), sought and was granted a 35 year lease to locate a wellhead and pumphouse on the property, which expired in 2013. The City was not generally aware of the lease until recently, when we began to inquire about getting water for the new splashpad feature, which is part of the Brown's Park master planned renovation. The City and Water District 3, as the successor in interest to WWP, began to discuss how to address the expired lease issue. In very broad terms, the former lease allowed for the use of the park property in exchange for water for irrigation and domestic purposes, and no money was exchanged by either side. By most accounts, the lease was a successful example of a mutually beneficial relationship. Following negotiations, the City proposes a replacement lease that features the following: 1. 35 years to provide long-term security; 2. provides an additional 15 years whereby if the City is going to sell the property to a third party for non -park purposes, the District would have a right of first refusal/option to purchase that portion where their facilities are located; 3. to account for a potential increase in usage of water over what was historically agreed to (because of the splashpad), the parties would take the annual water usage from 2011 through 2015, calculate the average year from that period, and use that as the new baseline for usage. In any year the City exceeded that amount, it would pay the District the normal rate the District charges its other customers; 4. the District would comply with the City's standard non -abandonment provisions with regard to not leaving defunct facilities in City property; 5. the City would pay all costs associated with any new or modified facilities related to providing water in the new improvements; and 6. no additional funds would be paid to the City by the District for ground rent. The District has strongly asserted that it needs to have a permanent easement for long-term security in the location of its well facilities. They advise that it would cost between $400,000 and $500,000 to move its well facilities to another location, so they want to preclude that possibility if they can. As such, they have offered to execute an easement, and that it would provide the City with water to Brown's Park for five years at no cost, and after that the City would pay all water costs related to operation of Brown's Park. The District asserts that they are not aware of any other location in the City where any water district leases property for location of a well facility. In the course of the negotiations, staff conveyed to the District their understanding of the District's desire to have permanence for long-term security. City staff believes it is in the City's best interest to maintain ownership of its assets to the greatest extent possible so that future Councils may have at least some opportunity to consider changes to the park property as this Council recently did in re -purposing Brown's Park into primarily a sand volleyball venue. Staff believes the position of the City to date has been to recognize the long-term security needs of the District, reflected in the 35 year lease, with additional right of first refusal/option that runs to 2066. The proposed terms would essentially leave the parties in the same position that they have been in over the past 35 years. Neither of the parties has a clear understanding of the role of the easement from 1969, and what bearing it may have on the rights of the parties. In the event the parties are unable to resolve this issue of whether a lease or easement is most appropriate, then it may be that one of the parties seeks a quiet title action in Spokane County Superior Court. Staff recommends that the Council approve the essential terms of the draft lease, and at a future meeting, authorize staff to finalize and execute the lease to forward to the Water District 3 Board for consideration and adoption. OPTIONS: (1) consensus to place on a future agenda for approval consideration of the proposed lease with Water District 3 as drafted; (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: Unknown. STAFF CONTACT: Cary Driskell, City Attorney; Mike Stone, Park and Recreation Director. ATTACHMENTS: (1) proposed lease agreement with Water District 3 relating to Brown's Park, (2) aerial photo DRAFT City of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Reference Numbers of Related Documents: 427149C; Off. 394 pages 1693-1704 Grantor: CITY OF SPOKANE VALLEY Grantee: SPOKANE COUNTY WATER DISTRICT NO. 3 Abbreviated Legal Description: Ptn SW1/4 SW1/4 27-25-44 Additional on page 2 Assessor's Tax Parcel ID#: Ptn 45273.9036 LEASE AGREEMENT BETWEEN CITY OF SPOKANE VALLEY AND SPOKANE COUNTY WATER DISTRICT NO. 3, SPOKANE COUNTY PARCEL NUMBER 45273.9036, SPOKANE VALLEY, WASHINGTON, RELATING TO PLACEMENT AND OPERTATION OF A WELL PUMP HOUSE ON CITY PARK PROPERTY This Lease Agreement is entered into by the City of Spokane Valley (referred to as "City"), and Spokane County Water District No. 3 (referred to as "District"), and jointly referred to hereinafter as the "Parties"; and WHEREAS, the City is the owner of certain premises located at 3101 South Pines Road, Spokane Valley, Washington, 99016, and commonly referred to as Brown's Park. The primary feature of Brown's Park since its construction in the late 1970's has been a softball field, a playground for young children, three volleyball pits, and included a picnic shelter and bathroom; and WHEREAS, this property has had a well pump house and related water transmission facilities ("the pump house") located on it since 1969, when then -owners Ichiro and Tai Yamamoto granted to Ralph and Gertrude Guthrie a Water and Easement Agreement; and WHEREAS, the property was subsequently transferred to the Brown family, which transferred its interest to Spokane County for public park purposes; and WHEREAS, in 1978, the City's predecessor in interest, Spokane County, executed a 35 year lease agreement ("the prior lease) for the location of the pump house with Washington Water Power, the predecessor in interest of the District; and Lease Agreement Water District No. 3 Page 1 of 7 DRAFT WHEREAS, the prior lease expired June 1, 2013, and the Parties have not executed any form of subsequent agreement for the continued location of the pump house on the City's Brown's Park property; and WHEREAS, the primary consideration for the prior lease agreement was that the District would provide "all volume of water necessary for lawn sprinkling and domestic use on the park will be furnished at no expense whatsoever to the Lessor. For the purpose of furnishing said water to the Lessor under the terms of this agreement, the Lessee shall make available a 3" water connection at the pump location;" and WHEREAS, the District has continuously located the pump house and provided water for irrigation and domestic purposes since approximately 1978; and WHEREAS, in 2015, the City began constructing a number of new amenities at Brown's Park, removing the softball field and replacing it with seven sand volleyball courts to date with nine additional planned. The City is currently in the process of constructing a splash pad water feature, and will install replacement playground and picnic shelter facilities in the near future; and WHEREAS, the Parties seek to enter into a new lease that continues to be mutually beneficial, and provides for substantially the same terms as the prior lease. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties do hereby agree as follows: 1. PURPOSE. The purpose of this lease agreement ("Agreement") is to set forth the Parties' understanding regarding the terms and conditions under which the District may occupy a portion of Brown's Park. The District's use shall be defined as two separate areas, the Facilities Area comprised of those areas where the well pump house and related water transmission facilities are located, and the Sanitary Control Zone. The Parties agree those areas are as follows: Location of the pump well house facility described as follows: The North 30 feet of the South 407.0 feet of the West 198.0 feet of the Southwest Quarter of Section 27, Township 25 North, Range 44 E.W.M., City of Spokane Valley, Spokane County, Washington; Except the West 30 feet thereof. Together with the water transmission facilities location described as follows: The Sanitary Control Zone location is described as follows: All located on Spokane County Assessor's parcel number 45273.9036. Lease Agreement Water District No. 3 Page 2 of 7 DRAFT 2. USE OF THE PREMISES. A. The District is hereby granted the right within the Facilities Area to install, reinstall, construct, erect, alter, repair, energize, operate, and maintain water distribution facilities consisting of vaults, manholes, main lines, distribution lines, pipes, valves, sleeves, meters and meter boxes, cables, wires, fire hydrants, water wells, pumps, electrical and telecommunication lines, well house buildings, and other necessary or convenient appurtenances for the purpose of a water well and associated main lines or lateral lines (collectively referred to as "water facilities"), and in connection with all the foregoing to cut, trim or chemically treat trees, bushes and shrubs and remove any and all appurtenances necessary for the installation, operating, maintenance, removing, repairing and replacing said water system, together with a nonexclusive right of ingress and egress of the Facilities Area and Sanitary Control Zone. No other use of the property, including any expansion of the existing use, is permitted without prior approval of the City, subject to Paragraph 7, below. B. The City shall not install any permanent structures in the Facilities Area and Sanitary Control Zone; provided, that pavement may be installed. Should the City install structures or other improvements (except pavement) on the Facilities Area and Sanitary Control Zone so as to restrict access to the any of the water facilities covered herein or interfere with the function of the Sanitary Control Zone and it is necessary to remove said structures for access to any of the water facilities covered herein for repairs, maintenance, or other reasons, the City shall be responsible for the cost for removal and replacement of said improvements. During construction and, in the event of repairs or maintenance, the District shall repair and/or replace any pavement removed by excavation. The City shall not pave or install any structures over valves or meter boxes. C. The Sanitary Control Zone described herein is an area to protect the public water supply well and is subject to measures required to protect the public water supply. The Sanitary Control Zone area may not be developed without the approval of the District, its successors, or assigns. The City and District agree to comply with any future regulations to protect the Sanitary Control Zone and to protect the public water supply. The well pump house has a pipe that drains externally from the pump house into a dry well located on the east side of the building. The District shall maintain the dry well in such a manner that it drains well and does not result in any negative impact to the turf surrounding the dry well. 3. TERM OF LEASE AGREEMENT. This Agreement shall be in effect upon signing, and shall expire 4:00 p.m. on September 1, 2051 unless terminated earlier by mutual written agreement. The District shall have a first right of refusal/option to purchase the property comprising the Facilities Area and Sanitary Control Zone during the life of this Agreement, plus an additional 15 years, until September 1, 2066. This first right of refusal/option to purchase is granted for no additional consideration, and would apply only if the City sought to transfer a substantial portion of the northeast quarter of what is present-day Brown's Park to a third party. The cost to the District to purchase the property under this provision would be 50% of the fair market value at the time the District seeks to invoke this provision, plus all costs associated in any way with the transfer. 4. PAYMENT. The consideration for this Agreement is that the City will allow the District to continue to locate its water facilities on City park property, and in consideration, the District shall provide water for irrigation and domestic purposes based on the following formula: - Take the annual gallons of water usage from January 1, 2011 through December 31, 2015 to establish the average annual usage for City purposes; Lease Agreement Water District No. 3 Page 3 of 7 DRAFT - The District shall provide the average annual usage to the City at no cost; - Any additional usage in a year over the average annual usage shall be billed to the City at the District's normal cost for domestic water usage. The Parties acknowledge that this represents fair and adequate consideration that is mutually beneficial. The District shall install three water meters at the City's cost at a size identified by the City, two for irrigation and one for domestic water use, and provide at least a three inch water service pipe to serve Brown's Park. 5. MAINTENANCE COSTS. The District shall be responsible for all maintenance, including costs, relating in any way to placement and use of its water facilities on the City's property. The City shall be responsible for maintenance, including costs, of those water service facilities which have been installed for the purpose of providing water (irrigation or domestic) to Brown's Park from the point the pipes are five feet from the exterior well house wall. 6. ABANDONMENT OF DISTRICT FACILITIES. At the expiration or termination of this Agreement, the District shall remove all of its facilities from the City property, and no facilities may be abandoned in place without express prior written approval of the City. The City has discretion and authority to direct the District to remove a facility abandoned by the District on the subject property (whether or not the entity had permission to abandon the facility) and restore the park property to its pre -removal condition when: (a) a City project involves digging that will encounter the abandoned facility and the location of the abandoned facility will impede the progress of such project; (b) the abandoned facility poses a hazard to the health, safety, or welfare of the public; or (c) the facilities are owned by the District and have not been in continuous use for a 24 month period. The District may delay removal of the abandoned facility until such time as the City commences a construction project on the subject property unless (b) above applies. When (b) applies, the District shall remove the abandoned facility from the subject property as soon as weather conditions allow, unless the City expressly allows otherwise in writing. The expense of the removal, and restoration of improvements in the subject property that were damaged by the facility or by the removal process, shall be the sole responsibility of the District. If the District fails to remove the abandoned facilities in accordance with the above, then the City may incur costs to remove the abandoned facilities and restore the subject property, and is entitled to reimbursement from the District for such costs, including reasonable attorney's fees and costs. 7. MODIFICATION. The Parties may modify any term contained in this Agreement by prior mutual written agreement. 8. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS. The District shall not, without first obtaining the written consent of the City, make any alterations, additions, or improvements in, to, or about the Premises. The City shall timely respond to any requests to make alternations, additions or improvements in, to, or about the Premises. Lease Agreement Water District No. 3 Page 4 of 7 DRAFT 9. INSURANCE. The District shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to Premises which may arise from or in connection with the District's use of the Premises. The District is required to maintain commercial general property liability insurance policy at least in the amount of $1 million per occurrence and $2 million aggregate minimum coverage from an insurer acceptable to the City. The District shall furnish the City with a copy of the required insurance certificates and/or amendatory endorsements with this signed Agreement. 10. INDEMNIFICATION AND HOLD HARMLESS. A. The District shall indemnify and hold harmless City and its officers, agents, and employees from all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or arising out of any negligent or intentional act or omission of the District and its officers, agents, and employees relating to or arising out of its obligations under the terms of this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against City, the District shall defend the same at its sole cost and expense; provided that City reserves the right to participate in said suit; and if final judgment in said suit be rendered against City, and its officers, agents, and employees or jointly against the District and City and/or their respective officers, agents and employees, the District shall satisfy the same to the extent of the District's apportioned liability. B. The City shall indemnify and hold harmless District and its officers, agents, and employees from all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature, by any reason of or arising out of any negligent or intentional act or omission of the City and its officers, agents, and employees relating to or arising out of its obligations under the terms of this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against District, the City shall defend the same at its sole cost and expense; provided that District reserves the right to participate in said suit; and if final judgment in said suit be rendered against District, and its officers, agents, and employees or jointly against the City and District and/or their respective officers, agents and employees, the City shall satisfy the same to the extent of the City's apportioned liability. 11. NOTICES. All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the District or the City at the address set forth below for such Party, or at such other address as either Party shall from time -to -time designate by notice in writing to the other Party: DISTRICT: General Manager Spokane County Water District No. 3 1225 North Yardley Street Spokane Valley, Washington 99012 CITY: City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 After September 30, 2017, notice shall be sent to: 10210 East Sprague Avenue Spokane Valley, WA 99206 Lease Agreement Water District No. 3 Page 5 of 7 DRAFT 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. 13. ASSIGNMENT. Neither Party may assign in whole or part its interest in this Agreement without the written approval of the other Party. 14. WRITINGS CONTAINED HEREINBINDING EFFECT. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. This Agreement shall be binding upon the Parties hereto, their successors, and assigns. 15. NO WAIVER. No officer, employee, or agent of the City or the District has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. The failure of either Party to enforce, at any time, any of the provisions of this Agreement or to require, at any time, performance by the other Party of any provisions shall not, in any way, affect the validity of this Agreement or any part hereof, or the right of either Party to hereafter enforce each and every such provision. CITY OF SPOKANE VALLEY Mark Calhoun, Acting City Manager ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney STATE OF WASHINGTON County of Spokane DATED: On this day personally appeared before me Mark Calhoun, to me known to be the Acting City Manager of the City of Spokane Valley, who executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act of said water district for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Lease Agreement Water District No. 3 Page 6 of 7 DRAFT Ty Wick, General Manager STATE OF WASHINGTON County of Spokane Dated: On this day personally appeared before me Ty Wick, to me known to be the General Manager of SPOKANE COUNTY WATER DISTRICT NO. 3, who executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act of said water district for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first written above. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: Lease Agreement Water District No. 3 Page 7 of 7 Imagery Date: 4/7/2016 47:37'43.66" N 117:=.1.4'1949" W elev 2030 ft CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 3, 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 Record Act and Open Public Meeting Act training. GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA). PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year. BACKGROUND: Staff will provide training on the City's obligations under Washington's Public Record Act under chapter 42.56 RCW, and Washington's Open Public Meeting Act under chapter 42.30 RCW. OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney. ATTACHMENTS: PowerPoint presentation. Public Record Act and Open Public Meeting Act Cary Driskell City Attorney, City of Spokane Valley Erik Lamb Deputy City Attorney, City of Spokane Valley August 3, 2016 City of Spokane Valley - Office of the City Attorney u • ic Record Act Historical background Adopted in 1972 by Initiative 276. Codified by Legislature under RCW 42.17. Re -codified by Legislature in 2005, RCW 42.56. City of Spokane Valley - Office of the City Attorney 2 Strongly worded mandate - statute "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." RCW 42.56.030 City of Spokane Valley - Office of the City Attorney "Public Record" definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. City of Spokane Valley - Office of the City Attorney "Public Record" definition Most important parts are: (1) "writing"; (2) "relating to the conduct of government or the performance of any governmental or proprietary function"; and (3) "owned, used, or retained by any state or local agency." City of Spokane Valley - Office of the City Attorney "Writing" - electronic E-mails, Tweets; Text messages; Transitory postings on Facebook and other social media; Meta -data; and Police/security video. City of Spokane Valley - Office of the City Attorney 6 Agency duty to respond Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.100. Spokane Valley has done that through adoption of SVMC 2.75. City of Spokane Valley - Office of the City Attorney Agency "best practices" 1. Entity management attitude; 2. Training; 3. Prioritizing requests; 4. Tracking requests; 5. Effective monitoring; 6. Central point of contact in the agency; 7. Visible signage; 8. Transparency and communication; 9. User-friendly website; io. Good records management and information technology; 11. Appropriate copying charges; 12. Using the installment method for large requests; 13. Communicate agency appeal process for record denials; and 14. Documenting the request process. City of Spokane Valley - Office of the City Attorney Prompt response required Must respond within 5 business days by: (1) providing the record (may be on line); (2) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; or (3) denying the record request. City of Spokane Valley - Office of the City Attorney Location of record Location is not the critical factor, the nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function). • Personal computer or phone of staff or Council. • In possession of third party contractor. City of Spokane Valley - Office of the City Attorney pt rom disclosure — a orney c ient privileged information RCW 42.56.070(1) contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency ... shall make available ... all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." RCW 5.60.060(2) (a) states that "[a] n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." City of Spokane Valley - Office of the City Attorney Information not protected -examples Council and employee names; Council and employee salary; Council and employee benefits; Employee vacation/sick time used; Council and employee work e-mail address; and employee length of service. City of Spokane Valley - Office of the City Attorney 12 Penalties RCW 42.56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record." • how much of a fine to assess is based on two steps: (1) count the number of days the party was denied access to the records; and (2) determine the appropriate per day penalty, up to sioo per day depending on the nature of the denial. The prevailing party is entitled to "reasonable attorney fees" and costs of suit. City of Spokane Valley - Office of the City Attorney Penalty per document or per request? Until this year, the rule was that the daily penalty applied to the request, not per document. Yousoufian v. Sims, 152 Wn.2d 451 (2004). In early 2016, the state Supreme Court ruled that it is within the trial court's discretion to assess a daily penalty for each page of each document wrongfully withheld, depending on the circumstances (i.e. how egregious the violation was). Wades Eastside Gun Shop v. Department of Labor & Industries, City of Spokane Valley - Office of the City Attorney Determining how much penalty Good faith failure to find and produce a document? Zink v. City of Mesa, 140 Wn. App. 328 (2007) - large and frequent record requests by former Mayor materially interfering with operation of clerk's office. Trial court was sympathetic ("substantially complied", full compliance amounted to "practical impossibility", the requests "amounted to unlawful harassment") . Court of Appeals disagreed, finding strict compliance required, not substantial compliance. Penalty and fees of $246,000. City of Spokane Valley - Office of the City Attorney Questions on the PRA? City of Spokane Valley - Office of the City Attorney i6 The Open Public Meeting Act City of Spokane Valley - Office of the City Attorney i7 The Open Public Meetings Act Washington State law enacted in 1971. Set forth in Revised Code of Washington 42.3o et seq. Applies to all city and town councils, and many subordinate city and town boards and committees. Applies to planning commissions, lodging tax advisory committees. City of Spokane Valley - Office of the City Attorney Purpose of OPMA Governments "exist to aid in the conduct of the people's business." RCW 42.30.010. "The people of this state do not yield their sovereignty to the agencies which serve them.' Idp "The people, in delegating authority, do not give their public servants the riht to decide what isgood for the people to know and what is not good for them to know. Id. p p "The people insist on remainin informed so that they may retain control over the instruments they have created.' Id. Goal is transparency and public trust. City of Spokane Valley - Office of the City Attorney OPMA requirements OPMA requires that: All meetings of the governing body shall be open to the public. All actions taken by such bodies shall be done at meetings that are open to the public. City of Spokane Valley - Office of the City Attorney What is a "meeting"? There must be a "meeting" in order to trigger the requirements of the OPMA. "Meeting" means meetings at which action is taken; "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions; Physical presence is not required. Majority (quorum) implicates "meeting" rules. "Serial meetings" may collectively add up to a "meeting." City of Spokane Valley - Office of the City Attorney What is a "meeting"? (cont.) Email communications can constitute a meeting which violates the OPMA if it goes back and forth. Solely receiving information is not a violation. Responding to email could be a violation depending on the circumstances. It is not necessary that a governing body take "final action" (a vote) for a meeting to be subject to the OPMA. Discussion regarding City matters is "action." Requires a public meeting if a quorum of members are present for the discussion. City of Spokane Valley - Office of the City Attorney Procedural Requirements for Meetings Outlined in detail in the Governance Manual. Some general requirements: Notice (depends on the time of meeting); Open to public unless an executive or closed session; Votes cannot be by secret ballot; Member of public cannot be forced to give their name or other information as condition of attendance (can condition a person's ability to speak at the meeting on providing information) . City of Spokane Valley - Office of the City Attorney What is nota "meeting"? What is not a meeting: If City matters are not discussed, then the gathering is not a "meeting" subject to OPMA (even if a quorum is present). Examples: Social gatherings if City business is not discussed; Gatherings before or after official action (such as the time prior to Council meetings) so long as City business is not discussed; Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do not discuss City business amongst themselves. City of Spokane Valley - Office of the City Attorney OPMA exceptions and exemptions No City business = OPMA not implicated. If no official business of City is transacted, OPMA does not apply. Public perception is a separate consideration from what is legal. Active preparation for litigation. Executive sessions: 11+ specific circumstances, defined by statute Closed session (OPMA simply does not apply) RCW 42.30.140 (quasi-judicial matters and collective bargaining issues) City of Spokane Valley - Office of the City Attorney Executive sessions Four common examples: Interviewing candidates/qualifications for appointed positions (City Manager); Discussing applicant qualifications for open Council position; Considering the job performance of an employee; Considering the acquisition of real property where the discussion, if public, could increase the price; Discussions with legal counsel about litigation -related matters. No final decisions allowed in executive sessions City of Spokane Valley - Office of the City Attorney OPMA penalties Effect of penalty The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and void; "Any person" may bring the action in superior court. Individual liability. $500 penalty for first violation if they attend with knowledge that the meeting is in violation of the Act, and si,000 for subsequent violations. City or City Council liability. Liable for all costs, including reasonable attorney fees. City of Spokane Valley - Office of the City Attorney Questions on OPMA? City of Spokane Valley - Office of the City Attorney 28 Appearance of Fairness Doctrine City of Spokane Valley - Office of the City Attorney 29 Appearance of Fairness doctrine Doctrine requires government decision -makers to conduct hearings and make decisions in a way that is fair to others in appearance and fact. Test for fairness: would a fair minded person in attendance believe that: (1) everyone was heard who should have been heard, and (2) the decision -makers were impartial and free from outside influences? Applies only to quasi-judicial matters and not to legislative ones. RCW 42.36.010. City of Spokane Valley - Office of the City Attorney Examples of quasi-judicial actions. Quasi-judicial (handled by City Hearing Examiner): Subdivision approvals; • Preliminary plat approvals; • Conditional use permits; • Variances; Rezones of specific parcels; and Discretionary zoning permits if hearing required. Not quasi-judicial: Adoption, amendment, or revision of comprehensive plans; Adoption of area -wide zoning ordinances; and Adoption of area -wide zoning amendments. City of Spokane Valley - Office of the City Attorney Appearance of Fairness applied Disqualifies decision -makers from the quasi-judicial decision-making process who: have prejudged the issues; have a bias in favor of one side in the proceeding; have a conflict of interest; or cannot otherwise be impartial. Prohibits "ex parte" communications between a decision -maker and a proponent or opponent of the matter being decided during the pendency of a quasi-judicial proceeding. RCW 42.36.060. City of Spokane Valley - Office of the City Attorney Questions on Appearance of Fairness? City of Spokane Valley - Office of the City Attorney 33 To: From: Re: DRAFT ADVANCE AGENDA as of July 28, 2016; 8:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings August 9, 2016, Formal Meeting Format, 6:00 p.m. [due Tue, Aug 2] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 16-014 Greenhouse Gas Emissions Reduction — Steve Worley (15 minutes) 3. Mayoral Appointments: (Visit Spokane; Emergency 9-1-1; Health Board; STA; Wastewater Policy Advisory Board) — Mayor Higgins (10 minutes) 4. Admin Report: 2017 Budget Estimates Revenues & Expenditures — Chelsie Taylor (20 minutes) 5. Admin Report: Comp Plan Draft Goals and Policy Discussion — Mike Basinger (30 minutes) 6. Admin Report: Snowplow — Eric Guth (20 minutes) 7. Admin Report: Advance Agenda — Mayor Higgins (5 minutes) 8. Info Only: (a) CenterPlace Kitchen Equipment; (b) Stormwater Mgmt Program; (c) Audit Engagement Ltr [*estimated meeting: 105 minutes] August 16, 2016, Study Session Format, 6:00 p.m. [due Tue, Aug 9] AWC Presentation of Champion Award to Senator Padden ACTION ITEMS: 1. Second Reading Ordinance 16-013 Inland Power & Light Electrical Franchise — Cary Driskell 2. Second Reading Ordinance 16-014 Greenhouse Gas Emissions Reduction — Steve Worley NON -ACTION ITEMS: 3. Legislative Agenda — Mark Calhoun 4. Stormwater Management Program — Eric Guth 5. Sidewalk/Snow Removal — Cary Driskell 6. City Hall Update — Eric Guth , Steve Worley 7. Advance Agenda — Mayor Higgins (10 minutes) (10 minutes) (20 minutes) (20 minutes) (20 minutes) (15 minutes) (5 minutes) [*estimated meeting: 100 minutes] August 23, 2016, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Motion Consideration: Stormwater Management Program Plan — Eric Guth 3. Motion Consideration: Snowplow — Eric Guth 4. Motion Consideration: Water District #3 Pump House Lease — Cary Driskell 5. Motion Consideration: Legislative Agenda — Mark Calhoun 6. Admin Report: Advance Agenda — Mayor Higgins 7. Info Only: (a) Department Reports; (b) Pines & Grace Intersection [due Tue, Aug 16] (5 minutes) (10 minutes) (20 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 60 minutes] August 30, 2016, Study Session Format, 6:00 p.m. [due Tue, Aug 23] 1. Hearing Examiner Report — Mike Dempsey (15 minutes) 2. Library District Request for City's Reacquisition of Balfour Park Prop—C.Driskell, N.Ledeboer (20 minutes) 3. Admin Report: Comp Plan Draft Development Regs Discussion — John Hohman, Gloria Mantz (30 minutes) 4. Advance Agenda — Mayor Higgins (5 minutes) [*estimated meeting: 70 minutes] Sept 6, 2016, Study Session Format, 6:00 p.m. 1. City Hall Update — Eric Guth 2. Introduction of Draft Comp Plan — John Hohman, Mike Basinger 3. Advance Agenda — Mayor Higgins Draft Advance Agenda 7/28/2016 10:45:07 AM [due Tue, Aug 30] (10 minutes) (60 minutes) (5 minutes) [*estimated meeting: 75 minutes] Page 1 of 3 Sept 13, 2016, Formal Meeting 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 Sept 20, 2016, Study Session Format, 6:00 p.m. 1. Outside Agency Presentations: Social Service & Economic Dev. 2. Emergency Preparedness - Cary Driskell, et al 3. Advance Agenda - Mayor Higgins [due Tue, Sept 6] (10 minutes) (5 minutes) (15 minutes) (5 minutes) [*estimated meeting: 35 minutes] [due Tue, Sept 13] Agencies - Chelsie Taylor (- 60 mins) (- 60 mins) (5 minutes) [*estimated meeting: 125 minutes] Sept 27, 2016, Formal Meeting 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. City Hall Update - Eric Guth 2. Budget Amendment, 2016 - Chelsie Taylor 3. Advance Agenda - Mayor Higgins Oct 11, 2016, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2017 Proposed Budget - Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. First Reading Proposed Ordinance re Property Tax - Chelsie Taylor [due Tue, Sept 20] (5 minutes) (30 minutes) (5 minutes) [*estimated meeting: 40 minutes] [due Tue, Sept 27] (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: minutes] [due Tue, Oct 4] (10 minutes) (5 minutes) (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 [*estimated meeting: 55 minutes] Oct 18, 2016, Study Session Format, 6:00 p.m. 1. Advance Agenda - Mayor Higgins Oct 25, 2016, Formal Meeting 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. City Hall Update - Eric Guth 2. Draft 2017 Fee Resolution - Chelsie Taylor 3. Advance Agenda - Mayor Higgins Draft Advance Agenda 7/28/2016 10:45:07 AM [*estimated [*estimated [due Tue, Oct 11] (5 minutes) [due Tue, Oct 18] (10 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) meeting: 55 minutes] [due Tue, Oct 25] (10 minutes) (15 minutes) (5 minutes) meeting: 30 minutes] Page 2 of 3 Nov 8, 2016, Formal Meeting Format, 6:00 p.m. 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 [due Tue, Nov 1 ] (5 minutes) (10 minutes) (15 minutes) (10 minutes) (20 minutes) 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. City Hall Update — Eric Guth 2. 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 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 [*estimated meeting: 60 minutes] Taylor OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Carnahan and 8th Intersection District Court False Alarm Program Library District SRTMC Annual Update (August) SVMC 2.45 Review/Discussion Term Limits Undergrounding Draft Advance Agenda 7/28/2016 10:45:07 AM [due Tue, Nov 8] (5 minutes) [due Tue, Nov 15] (5 minutes) (5 minutes) [due Tue, Nov 29] (10 minutes) (5 minutes) [due Tue, Dec 6] (5 minutes) (15 minutes) (25 minutes) (5 minutes) [*estimated meeting: 50 minutes] [due Tue, Dec 13] (5 minutes) Page 3 of 3