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
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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
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"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
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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
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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
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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
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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
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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,
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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]
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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)
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