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2020, 09-29 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Meeting Held via ZOOM Tuesday, September 29, 2020 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Ce11 Phones During the Meeting) NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning the COVID-19 Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely, physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been rescinded or amended. Therefore, until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity," will be accepted via the following links, and must be received by 4:00 pm the day of the meeting. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • NEW: Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEM: 1. Motion Consideration: CARES Act Funding — Chelsie Taylor [public comment opportunity] NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Chelsie Taylor Proposed Ordinance Adopting 2021 3. Connor Lange 4. Connor Lange, Carly Johnson 5. Cary Driskell 6. Cary Driskell 7. Police Chief Ellis 8. Mayor Wick 9. Mayor Wick 10. Mark Calhoun ADJOURN Property Taxes Street Vacation 2020-0001 Stormwater Surplus Property Proposed Code Amendments to Cable Franchises Proposed Amended Tourism Promotion Area Interlocal Agreement Trunk or Treat Advance Agenda Council Comments City Manager Comments Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Discussion/Information Study Session Agenda, September 29, 2020 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Approval of Agreements and Allocations Regarding CARES Act Funding GOVERNING LEGISLATION: Section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (see 42 U.S.C. § 801) PREVIOUS COUNCIL ACTION TAKEN: • At the June 23, 2020 meeting, Council heard from a variety of organizations within the City regarding the impacts they have seen from the COVID-19 pandemic. • At the July 7, 2020 meeting, City Council heard an administrative report on CARES funding options. • At the July 14, 2020 meeting, City Council provided consensus for staff to proceed to develop and identify programs to carry out the distribution of CARES funds as indicated by City Council. • At the July 28, 2020, meeting, City Council heard an administrative report on the proposed agreement with the Spokane Valley Chamber for the small business and non-profit grant program. • At the August 4, 2020 meeting, City Council approved the Agreement with the Spokane Valley Chamber and authorized the City Manager to finalize and execute the Agreement. • At the August 11, 2020 meeting, City Council approved agreements with various other entities to administer programs for food security/insecurity, rental/mortgage assistance, utility assistance, and assistance to local schools. • At the August 25, 2020 meeting, City Council approved an amendment to the Spokane Valley Chamber contract and heard a report on the media campaign to promote travel to the area for the benefit of local hospitality businesses. BACKGROUND: General Program Information and Commerce Contract Amendment: In prior meetings, staff have provided a detailed update on the CARES Act funding package for Coronavirus Relief Funds (CRF) that the City received. The City was awarded $2,901,600 under the CRF program passed through the state. In order to access the funds, the City entered into a grant agreement with the Washington State Department of Commerce, and the grant operates on a reimbursement basis, which means that the City must first expend the funds and request reimbursement after. The funds may only be used for costs incurred by local governments in response to the COVID-19 public health emergency and the initial term of the award was for costs incurred during the period of March 1, 2020 thru October 31, 2020. We received notice from the Department of Commerce on September 11, 2020, that the City was awarded an additional $1,450,800 in CRF dollars, bringing the City's total award for this program Page 1 of 6 to $4,352,400. We were also notified that the term of the contract has been extended to November 30, 2020 for the entire award. The additional amount is subject to the same eligibility criteria as the original award. The City needs to execute an amendment to the Interagency agreement with the Department of Commerce prior to seeking reimbursement of the new allocation. Eligible Costs and Allocations: City Council finalized allocations for the City's initial award at the July 28, 2020 meeting in the following categories and amounts: Program/Purpose Service Provider Amount Rental/Mortgage assistance Utility assistance Food security/insecurity Small business grants (1) Non-profit organization grants (1) Phase 4/Hospitality - media campaign School districts Total allocations City operational needs Total CRF award to the City S NAP S NAP Spokane Valley Partners Spokane Valley Chamber Spokand Valley Chamber City Staff, KREM CVSD, EVSD, WVSD 733,995 259,429 236,640 829,498 411,640 75,000 135,281 2,681,483 220,117 2,901,600 Council authorized contracts with outside service providers for the above allocations at subsequent meetings in August 2020. City staff has been working with these service providers to obtain status updates on the programs they are running on behalf of the City using the CRF dollars. The results of those updates as well as an analysis of City operational costs are included as Attachment 1. In summary, the City currently anticipates spending $2,562,781 under the current allocations and contracts. With the total City award being increased to $4,352,400, that leaves an additional $1,789,619 to be allocated by Council and spent by November 30, 2020. Total City CRF Allocation Less Total Current Expenses $ 4,352,400 $ (2,562,781) Remaining Balance $ 1,789,619 Additional Allocations: City staff asked the service providers to complete a questionnaire stating how much of their award had been spent as of September 21, 2020, whether they could spend the entirety of their award by November 30, 2020, any challenges they've experienced while administering the programs, and whether they had identified any additional needs beyond their original allocation. The completed questionnaires are included in the agenda packet this evening, and the following is a summary of each of the responses. Page 2 of 6 Rent/Mortgage Assistance; Utility Assistance: SNAP is administering rental/mortgage and utility assistance programs for the City. They indicated that they have spent $203,201 in rental/mortgage assistance and $25,642 in utility assistance and stated that they can spend about $14,421 per day on average. SNAP stated that with the extension of the award out to November 30th, they will be able to spend their entire allocation of $993,424. However, if they only have until October 31st, they would not be able to spend the entire amount. SNAP also indicated that they do not have the capacity to administer any additional amounts at this time. Food Security/Insecurity: Spokane Valley Partners is administering a food security/insecurity program for the City. Their contract included the purchase of two vehicles for mobile food delivery as well as food purchases. They have indicated that they are on track to spend their entire allocation of $236,640 by mid - October. They have also stated that they can spend another $200,000 in food and delivery costs as well as another $100,000 for other items such as clothing, diapers, blankets, and winter coats by November 30th Small Business/Non-profit Grant Program: The Greater Spokane Valley Chamber of Commerce is administering a small business and non- profit grant program for the City. As of September 21st, the Chamber has closed the application window for the City's grant program and is in process of reviewing the applications that were received. They received a total of approximately 330 small business applications and 35 non- profit applications. Of the 330, the identified the following: approximately 80 had already received funding from the Spokane County Small Business grant program, leaving approximately 250 eligible. Based on the amounts requested from each business and supported by the applications, they currently anticipate distributing amounts to 150-160 small businesses. They anticipate approximately 30 non -profits will receive grant funds. With the non -profits, the Chamber did not receive enough applications to use the full allocation of $411,640, and they estimate that they will leave about $200,000 unspent in this category. In order to use the rest of the non-profit allocation, the Chamber suggested either reallocating the unused portion to the small business grants or changing the eligibility criteria on the non -profits to eliminate the 18 FTE limitation. A change in the criteria would necessitate opening another application window for non -profits. On the small business side, they will use the full initial allocation of $829,498. They project that the approximately 100 businesses (250 eligible minus the 150 funded) that will not be funded with the initial allocation would represent up to approximately $600,000 in additional awards plus administrative fees if the Council desired to allocate additional funds to the small business grant program. Given the amount of money remaining after the new Commerce distribution, staff had discussions with the Chamber regarding the ability to (1) increase awards retroactively to the businesses that applied during the original application process, and (2) conduct a new round of applications and awards. The Chamber indicated that it may be difficult to increase the award amount since the documentation supporting awards was driven by the original award amount of $7,158, and in many instances there will not be necessary information to allow increasing the awards. The Chamber did indicate that it may be able to conduct an additional application and award process, though it would have to begin immediately to complete it before the November 30, 2020 deadline. The Chamber did indicate it could award funds to the 80 businesses that had been awarded County funds, provided that the information supported an award above the County award to avoid any "double-dipping" for the same expenses. Page 3 of 6 Both staff and the Chamber are aware that an additional program will have a very short marketing period and may result in a lower number of businesses applying, especially since this will be the third opportunity for businesses in Spokane Valley to apply for grants (Spokane County had two rounds and the City's original application period). The Chamber is currently finalizing the award numbers and ability to use additional funds, and will provide that information prior to the September 29 Council meeting. Phase 4 Hospitality— Media Campaign: The City has contracted with KREM marketing to prepare materials and run ads promoting visitors to come to Spokane Valley in the amount of $75,000. KREM and the City's Economic Development Division are on track to spend the entire $75,000 within the deadline. School Districts: The City's school assistance of $135,281 was split between the three school districts in the City based on approximate attendance numbers with Central Valley School District receiving $67,641 and East Valley and West Valley School Districts each receiving $33,820. The three districts Central Valley School District stated that they have spent their entire allocation as of September 21st, and they have identified another $100,000 in need for additional protective equipment that they would be able to spend before November 30th. East Valley School District stated that they have spent their entire allocation as of September 21 st, and they have identified another $180,322 in need for additional protective equipment that they would be able to spend before November 30th. West Valley School District stated that they have not yet spent their allocation, but they have a large order of protective equipment that is in process of being delivered and will have spent their entire allocation once the delivery takes place. They do not currently anticipate additional needs prior to November 30th. City Expenses: The City had originally identified $220,117 in operational needs. As of September 21, 2020, the City has spent $72,052 and expects to spend a total of about $154,000 by November 20, 2020. The table below represents initial allocations, estimated expenditures, and additional future needs. Page 4 of 6 City Partner/Program S NAP Current Allocation Amount Spent Additional Needs Rent/Mortgage Assistance $ 733,995 $ 733,995 $ Utility Assistance $ 259,429 $ 259,429 $ Spokane Valley Partners Food Security/Insecurity $ 236,640 $ 236,640 $ 200,000 Clothing, diapers, toiletries, etc. $ - $ - $ 100,000 Spokane Valley Chamber of Commerce Small Business Grants Non-profit Grants $ 300,000 $ 829,498 $ 829,498 $ 600,000 $ 411,640 $ 214,740 $ $ 600,000 School Assistance Central Valley School District $ 67,641 $ 67,641 $ 100,000 East Valley School District $ 33,820 $ 33,820 $ 180,322 West Valley School District $ 33,820 $ 33,820 $ $ 280,322 Phase 4/Hospitality - Media Campaign KREM $ 75,000 $ 75,000 $ City Operational Needs $ 220,117 $ 153,838 $ Total Additional Needs Identified by Partners $ 1,180,322 NOTE: The Small business grant additional amount solely represents the amount if Council desired to fund the total 250 eligible businesses that applied during the initial application period. Additional amounts could be used for a subsequent application round. The Chamber is currently confirming what additional amounts it believes could be spend in an additional round and will provide that information prior to September 29. Staff are seeking guidance and authorization from City Council to allocate the remaining and new funding for the purposes identified above. As indicated above, the City has identified it has $1,789,619 to allocate and spend before November 30, 2020. Page 5 of 6 OPTIONS: Motion to approve the amendment to the Interagency Agreement with the Department of Commerce and authorize the City Manager to finalize and execute the Agreement as amended in substantially the form presented. Motion to authorize the City Manager to amend contracts with City service providers to extend the deadlines to November 30th and increase allocations. RECOMMENDED ACTION OR MOTIONS: 1. Commerce Amendment: Move to approve the amendment to the Interagency Agreement and authorize the City Manager to finalize and execute the Agreement as amended in substantially the form presented. 2. Additional Allocations: Move to approve allocations of $ to [entity] $ to and [entity] $ to and [entity] that all unused allocation by any entity as of November 13, 2020 to be allocated and used by [entity/purpose], for distribution and use of CARES CRF funds for authorized purposes, and authorize the City Manager to negotiate, finalize, and execute all necessary contracts and contract amendments related to such allocations; and authorize the City Manager to negotiate, finalize, and execute all necessary contract amendments to existing contracts in order to extend the deadlines for current CRF Fund recipients to November 30, 2020. BUDGET/FINANCIAL IMPACTS: The City has been awarded $4,352,400 in CRF funds through the CARES Act that were passed down through Washington State. This grant is able to be used on a reimbursement basis to address the impacts of the COVID-19 pandemic in the City. The grant may not be used for expenditures already included in the City's 2020 Budget. City Council has previously allocated $2,901,600 towards a variety of programs responding to the COVID-19 pandemic, of which $2,562,781 is expended or expected to be spent within the November 30, 2020 deadline. Additional allocations or reallocations of $1,789,619 are needed to expend the remainder of the City's CRF award. STAFF CONTACT: Chelsie Taylor, Finance Director; Erik Lamb, Deputy City Attorney; ATTACHMENTS: • Attachment 1 — Summary of Current COVID-19 related expenses through September 21, 2020 • Amendment to the Interagency Agreement with the Washington State Department of Commerce • Status Questionnaires Page 6 of 6 CITY OF SPOKANE VALLEY, WA COVID-19 Expenditures Eligible for Coronavirus Relief Fund Reimbursement Category ATTACHMENT 1 Expended Potential/ Expected Total City Operations: Public Health Expenses PPE for City Facilities $ 13,540 $ 6,400 $ 19,940 Additional Cleaning for Parks Restrooms $ 20,536 $ - $ 20,536 Additional Capital Contract Costs $ - $ 17,486 $ 17,486 Additional Precinct Costs over BOJ Grant $ - $ 27,800 $ 27,800 $ 34,076 $ 51,686 $ 85,762 Compliance Public Health Measures Grant to Spokane Valley Partners $ 25,000 $ 25,000 $ 50,000 Grant to Meals on Wheels $ 8,000 $ - $ 8,000 Costs for Telework and Virtual Meetings $ 4,336 $ 5,100 $ 9,436 $ 37,336 $ 30,100 $ 67,436 Economic Support Expenses Advertising Costs $ 640 $ 75,000 $ 75,640 $ 640 $ 75,000 $ 75,640 6/22/2020 6/26/2020 7/7/2020 9/22/2020 Contract/ Allocation Difference Subtotal City Operations $ 72,052 $ 81,786 $ 153,198 $ 295,117 $ (141,919) Outside Contracts: Spokane Valley Chamber of Commerce Small Business Grants $ - $ 829,498 $ 829,498 $ 829,498 $ Non-profit Grants $ - $ 214,740 $ 214,740 $ 411,640 $ (196,900) Spokane Valley Partners Food Security/Insecurity $ 180,500 $ 56,140 $ 236,640 $ 236,640 $ SNAP (expected amounts based on extension of contract) Rent/Mortgage Assistance $ 203,201 530,794 $ 733,995 $ 733,995 $ Utility Assistance $ 25,642 233,787 $ 259,429 $ 259,429 $ School Assistance Central Valley School Districl $ 67,641 $ - $ 67,641 $ 67,641 $ East Valley School District $ 33,820 $ $ 33,820 $ 33,820 $ West Valley School District $ - $ 33,820 $ 33,820 $ 33,820 $ Subtotal Outside Contracts $ 510,804 $ 1,1398,779 $ 2,409,583 $ 2,606,483 $ (196,900) Total City Operations and Outside Contracts $ 582,856 $ 1,980,565 $ 2,562,781 $ 2,901,600 $ (338,819) Total City CRF Allocation Less Total Current Expenses $ 4,352,400 $ (2,562,781) Remaining Balance $ 1,789,619 P:\Finance\COVID19\CARES Grant\Item 6 City COVID19 Costs and Proposed Casts - Final Council Allocations Amendment Contract Number: 20-6541C-329 Amendment Number: A Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1. Contractor City of Spokane Valley 10210 E. Sprague Ave SPOKANE VALLEY, Washington 99206-3682 2. Contractor Doing Business As (optional) 3. Contractor Representative (only if updated) Chelsie Taylor Finance Director (509) 720-5040 ctaylor@spokanevalley.org 4. COMMERCE Representative (only if updated) Connie Rivera PO Box 42525 Project Manager 1011 Plum St SE (360) 725-3088 Olympia, WA 98504-2525 Fax 360-586-5880 connie.rivera@comme ce.wa.2,,ov 5. Original Contract Amount (and any previous amendments) $2,901,600.00 6. Amendment Amount $1,450,800.00 7. New Contract Amount $4,352,400.00 8, Amendment Funding Source Federal: X State: Other: N/A: 9. Amendment Start Date Date of Execution 10. Amendment End Date November 30, 2020 11. Federal Funds (as applicable): $4,352,400.00 Federal Agency: US Dept. of the Treasury CFDA Number: 21.019 12. Amendment Purpose: To provide additional funding for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) during the period of March 1, 2020 thru November 30, 2020. Final invoices must be received by December 15, 2020. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" -- Budget & Invoicing, Attachment "C" — A-19 Certification, Attachment "D" — A-19 Activity Report. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the "Contract" shall mean the "Contract as Amended". FOR CONTRACTOR Mark Calhoun, City Manager Date FOR COMMERCE Mark K. Barkley, Assistant Director, Local Government Div Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce Amendment This Contract is amended as follows: Contract amount has been increased by $1,450,800.00. Contract end date has been extended from October 31, 2020 to November 30, 2020. Final reimbursement request must be received by December 15, 2020. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 2 ppakane �"�ValleyR T\J AP FINANCE DEPARTMENT Chelsie Taylor, CPA, Finance Director 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org CITY OF SPOKANE VALLEY COVID-19 PANDEMIC CARES CRF FUNDING PROGRAM The City of Spokane Valley thanks you for your assistance in providing services to those in need due to the COVID-19 Pandemic. The City has received approximately $1.4M in additional CARES CRF funds and is seeking information on your use of the original distribution to assist it in determining how to allocate the additional amount. Commerce has also extended the date for when CRF funds must be spent from October 31, 2020 to November 30, 2020. Please complete each question below in enough detail to allow City Council and staff to evaluate additional allocation options, submit your response to the City by noon on Tuesday September 22, 2020. If you have any questions, please contact Chelsie Taylor, Finance Director, at ctaylor@spokanevalley.org spokanevalley.org or 509 720-5040. Your responses will be provided to City Council and discussed at its September 29, 2020 meeting. 1. Please identify the original amount allocated to you and the amount of funds you have spent as of September 21, 2020. Most recent number as of noon (9/21/20) today. Rent & Mortgage Utilities Starting Balance Spent Remaining Balance $577,953.00 $204,610.00 $203,200.67 $25,641.92 $374,752.33 $178,968.08 Total 782,563 228.842.59 553,720.41 2. Please identify whether you will be able to spend the remaining allocation by November 30, 2020. If so, please describe how you will do so. If not, please identify how much you anticipate being able to spend by November 30, 2020. We currcntly spend $14,421.00 a day on average. At this rate we are on track to spend roughly another $144,210.00 with a stop date of Oct 1st leaving a potential remaining balance of $479,717.00. If the timeline were extended, we would add about 32 processing days, allowing us to spend the remaining balance. 3. Please describe any challenges in spending the allocation you originally received. Acquiring the required verification, usually in the form of bills/invoices for client vendors is difficult due to clients limited resources ie. Lack of transportation, internet, paired with limited office availability due to COVID restrictions causes a delay. Working with client lenders for rental assistance takes a significant amount of correspondence time, usually two -three working days to obtain a signed MOU and W9 from the responsible party. We are also working remote and people don't like to answer blocked calls. 4. Please identify any additional needs that you've identified since the original allocation, the amount for such needs, and whether you could spend that amount by November 30, 2020. Additional time to serve the numerous qualifying City of Spokane Valley community members would undoubtedly exhaust the current allocation. The need is greater than the funding and program duration allow. At the rate we are spending, again average of $14,421.00 daily, if given an extension to Nov 30, complete submission two weeks later, we are on track to exceed the original allocation with some room to spare. Spokane \icy \\12 � l�ur'r v� r s jUalley FINANCE DEPARTMENT Chelsie Taylor, CPA, Finance Director 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 ♦ www.spokanevalley.org CITY OF SPOKANE VALLEY COVID-19 PANDEMIC CARES CRF FUNDING PROGRAM The City of Spokane Valley thanks you for your assistance in providing services to those in need due to the COVID-19 Pandemic. The City has received approximately $1.4M in additional CARES CRF funds and is seeking information on your use of the original distribution to assist it in determining how to allocate the additional amount. Commerce has also extended the date for when CRF funds must be spent from October 31, 2020 to November 30, 2020. Please complete each question below in enough detail to allow City Council and staff to evaluate additional allocation options, submit your response to the City by noon on Tuesday September 22, 2020. If you have any questions, please contact Chelsie Taylor, Finance Director, at ctaylor@spokanevalley.ot- or 509 720-5040. Your responses will be provided to City Council and discussed at its September 29, 2020 meeting. 1. Please identify the original amount allocated to you and the amount of funds you have spent as of September 21, 2020. First round allocations: COVID Grant 1 $ 25,000 SPENT $ 25,000 COVID Grant 2 $ 25,000 SPENT $ 20,706.35 CARES Grant $236,600 SPENT $180,499.58 2. Please identify whether you will be able to spend the remaining allocation by November 30, 2020. If so, please describe how you will do so. If not, please identify how much you anticipate being able to spend by November 30, 2020. COVID Grant 2: the remainder will be spent the first week of October on a diaper purchase. CARES Grant: we are waiting on the second vehicle to arrive so we can spend the tax, title, registration funds. We have some other program accessory purchases pending and will make a final food purchase as soon as we know how much funds remain from the above purchases. All funds will be spent NLT October 15th. However, if we know soon that we have secured a second round of CARES funding, we could purchase more food immediately and be finished with the first round prior to October 1.5th 3. Please describe any challenges in spending the allocation you originally received. We originally thought the supply chain for food purchases would be a limitation, but we have secured a reliable vendor and are able to purchase as much as we need with about a one -week turnaround. Vehicles. It took much longer to locate, purchase, and have vehicles transported to us. The Reefer truck is now in our possession and will be out for deliveries starting next week. The second truck has been purchased and we are waiting for a transport company to pick up the bid to drive it here from New York. We should have it in possession within the next two weeks so we can expense the remaining related taxes, fees, registration etc. 4. PIease identify any additional needs that you've identified since the original allocation, the amount for such needs, and whether you could spend that amount by November 30, 2020. 1. FOOD $200,000: The need for food distribution within the City of Spokane Valley is much greater than we anticipated. Our mobile food service is exceeding our expectation. Now that the word is out, hundreds of families are responding, and we are running out of food at each distribution. Since we spent a good portion of the original CARES grant getting the vehicles that make the program possible, we can use additional funding to buy more food and to maintain the program through the remainder of the year. An additional $200,000 to extend the Food Security program is needed and can be spent by November 30th. Our only limitation was the supply chain, which is no longer a problem. Another consideration. We are receiving upwards of $2001( from the county to expand our mobile food service to the outlying parts of the county and that money can be used through September of 2021. Originally, we thought we would also use some of the county funding to extend food service within the COSV, but they would like to see the primary focus be the southeastern part of the county, Rockford, Freeman etc. where they have no other funding providing support to those families. If we can receive more funding from COSV to extend the timeline and amount of food for families in the City, then we can target those outside the City with the county funds. 2. OTHER CRITICAL ESSENTIALS $100,000: We are experiencing a large demand for other critical items such as: socks, underwear, baby items, hygiene items, diapers, blankets, sleeping bags, etc. Winter is coming and there will be a demand for coats, gloves, boots etc. The regional Coats for Kids campaign usually kicks off at the Fair and then is promoted through the fall. We are the primary Valley distribution for that campaign. This year with COVID, there is no campaign other than left over coats from last year. We could easily spend these funds by November 30" to prepare families impacted by COVID for winter and to supply other essentials in high demand that we are out of. We can realistically spend the additional amounts listed above by November 30". We could use more funding, but I realize that there are other needs that the council will want to address. If smaller amounts than I've requested are allocated, we will still be meeting real needs and will adjust our program accordingly and/or look for other funding sources. Kind regards, Cal Coblentz CEO, Spokane Valley Partners c vsb Spokane �.•'�Valley° FINANCE DEPARTMENT Chelsie Taylor, CPA, Finance Director 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 • Fax: (509) 720-5075 ♦ www.spokanevalley.org CITY OF SPOKANE VALLEY COVID-19 PANDEMIC CARES CRF FUNDING PROGRAM The City of Spokane Valley thanks you for your assistance in providing services to those in need due to the COVID-19 Pandemic. The City has received approximately $1.4M in additional CARES CRF funds and is seeking information on your use of the original distribution to assist it in determining how to allocate the additional amount. Commerce has also extended the date for when CRF funds must be spent from October 31, 2020 to November 30, 2020. Please complete each question below in enough detail to allow City Council and staff to evaluate additional allocation options, submit your response to the City by noon on Tuesday September 22, 2020. If you have any questions, please contact Chelsie Taylor, Finance Director, at ctaylor@spokanevalley.org or 509 720-5040. Your responses will be provided to City Council and discussed at its September 29, 2020 meeting. Central Valley School District #356 1. Please identify the original amount allocated to you and the amount of funds you have spent as of September 21, 2020. $67,640.50 was allocated to Central Valley SD #356 and all of these funds have been spent as of 8/31/20. 2. Please identify whether you will be able to spend the remaining allocation by November 30, 2020. If so, please describe how you will do so. If not, please identify how much you anticipate being able to spend by November 30, 2020. N/A 3. Please describe any challenges in spending the allocation you originally received. We did not face any challenges in spending our original allocation as public health expenses related to COVID-19 continue to increase as we work to protect both students and staff in Central Valley School District. 4. Please identify any additional needs that you've identified since the original allocation, the amount for such needs, and whether you could spend that amount by November 30, 2020. Now that we have started the 2020-21 school year and have students and teachers back in the schools, we have identified additional needs for disposable gowns, disposable masks, face shields, N95 masks for our nurses and additional touchless thermometers for our student and staff check stations. The cost to purchase these additional items is $100,000 and we could spend that amount by November 30, 2020. Spokane 4.00VaHey' FINANCE DEPARTMENT Chelsie Taylor, CPA, Finance Director 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 • www.spokaneval Icy.org CITY OF SPOKANE VALLEY COVID-19 PANDEMIC CARES CRF FUNDING PROGRAM The City of Spokane Valley thanks you for your assistance in providing services to those in need due to the COVTD-19 Pandemic. The City has received approximately $I.4M in additional CARES CRF funds and is seeking information on your use of the original distribution to assist it in determining how to allocate the additional amount. Commerce has also extended the date for when CRF funds must be spent from October 31, 2020 to November 30, 2020. Please complete each question below in enough detail to allow City Council and staff to evaluate additional allocation options, submit your response to the City by noon on Tuesday September 22, 2020. If you have any questions, please contact Chelsie Taylor, Finance Director, at etaylor@sookanevallev.org or 509 720-5040. Your responses will be provided to City Council and discussed at its September 29, 2020 meeting. 1. Please identify the original amount allocated to you and the amount of funds you have spent as of September 21, 2020. EVSD 361 was allocated $33820.25. We spent all of these funds in August. 2. Please identify whether you will be able to spend the remaining allocation by November 30, 2020. If so, please describe how you will do so. If not, please identify how much you anticipate being able to spend by November 30, 2020. The funds were fully spent 3. Please describe any challenges in spending the allocation you originally received. N/A 4. Please identify any additional needs that you've identified since the original allocation, the amount for such needs, and whether you could spend that amount by November 30, 2020. The District will have continuing needs for additional PPE such as gloves, masks, barriers, air purifiers and cleaning supplies. in the month of September we have already spent $157.477.44 in unbudgeted PPE needs and currently have an additional $22,844.27 in open purchase orders we haven't received or paid for yet. In total, we are requesting $180,321.71 in additional needs and it would all be spent before November 30, 2020. Spokane Lk--) jUalley FINANCE DEPARTMENT Chelsie Taylor, CPA, Finance Director 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org CITY OF SPOKANE VALLEY COVID-19 PANDEMIC CARES CRF FUNDING PROGRAM The City of Spokane Valley thanks you for your assistance in providing services to those in need due to the COVID-19 Pandemic. The City has received approximately $1.4M in additional CARES CRF funds and is seeking information on your use of the original distribution to assist it in determining how to allocate the additional amount. Commerce has also extended the date for when CRF funds must be spent from October 31, 2020 to November 30, 2020. Please complete each question below in enough detail to allow City Council and staff to evaluate additional allocation options, submit your response to the City by noon on Tuesday September 22, 2020. If you have any questions, please contact Chelsie Taylor, Finance Director, at ctaylor@spokanevalley.org spokanevallev.org or 509 720-5040. Your responses will be provided to City Council and discussed at its September 29, 2020 meeting. 1. Please identify the original amount allocated to you and the amount of funds you have spent as of September 21, 2020. $33,820.25, WVSD #363 has not spent any of these funds as of September 21, 2020. 2. Please identify whether you will be able to spend the remaining allocation by November 30, 2020. If so, please describe how you will do so. If not, please identify how much you anticipate being able to spend by November 30, 2020. I anticipate being able to spend the full amount by November 30, 2020. WVSD #363 has purchased a large amount of PPE that is in the process of being delivered. 3. Please describe any challenges in spending the allocation you originally received. There are a lot of items on backorder at the moment that makes it difficult to know when they will be received and billed. 4. Please identify any additional needs that you've identified since the original allocation, the amount for such needs, and whether you could spend that amount by November 30, 2020. At this time WVSD #363 does not anticipate needing any additional funds prior to November 30, 2020. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Property Tax Ordinance GOVERNING LEGISLATION: State law. PREVIOUS COUNCIL ACTION TAKEN: Through the 2021 Budget development process there have been discussions regarding the 2021 property tax levy including a public hearing that was held on September 22nd where estimates of the City's 2021 revenues were discussed. BACKGROUND: 2021 Levy and Estimated Rate per $1,000 of Assessed Value • State law requires that the City pass an ordinance that establishes a property tax levy and per our 2021 Budget calendar we are scheduled to adopt this legislation on November 10, 2020. • Our proposed 2021 property tax levy does not include the 1% increase allowed by State law. • The levy will include property taxes on new construction. • With the passage of this ordinance we estimate the City will collect between $12,676,166 (based upon the most recent Spokane County estimate) and $12,724,226 (based upon the City estimate). These estimates are computed as follows: City Estimate Spokane County Update as of 9/17/2020 Difference 2020 Actual Levy 12,399,226 12,399,226 0 + 0% Increase 0 0 0 2021 Levy after increase 12,399,226 12,399,226 0 + Estimated new construction 325,000 276,940 48,060 Total estimated 2021 Levy 12,724,226 12,676,166 48,060 • The $48,060 difference between the two revenue figures is a result of the differences in the estimated new construction. • Because Spokane County figures are still preliminary and don't include administrative refunds and other adjustments, I recommend we stay with the City of Spokane Valley estimate. • This levy is based upon a September 17th update to the preliminary estimate of assessed property values provided to the City by the Spokane County Assessor of $11,505,109,472. • Total property tax revenue of $12,724,226 on preliminary assessed values of $11,505,109,472 will produce a levy of approximately $1.105963 per $1,000 of assessed value in 2021 ($12,724,226 / ($11,505,109,472 / 1,000) = $1.105963). • It is important to note that that this estimate is based upon the Assessor's latest preliminary projections of assessed value as of September 17, 2020. A change in any of the elements including assessed value, new construction estimate and/or a change in the amount of our proposed levy will change the levy rate per $1,000. At this point we believe the "new construction" portion of the preliminary assessed values has not yet been included. Once this figure is updated I believe the estimated levy rate per $1,000 should decrease. Banked Capacity Banked capacity is the difference between what the City could levy (the Highest Lawful Levy) and what it actually does. In any case, the City of Spokane Valley's maximum levy rate is $1.60 per $1,000 of assessed value. Any amount levied that is less than the Highest Lawful Levy represents "banked capacity." Included in the analysis below is history of Spokane Valley levies including seven years of actual figures (2014 through 2020) and a preliminary estimate for 2021: Levy Year A B C D E F G H Taxable Value Highest Lawful Levy Actual Levy Refund Total Levy (= C + D) Levy Rate per $1,000 (= E/(A/1000)) Maximum Levy Rate per $1,000 Banked Levy Rate per $1,000 (=I/(A/1 000)) Banked Capacity (= B - C) 2020 2019 2018 2017 2016 2015 2014 2013 Note: assessment for assessment for assessment for assessment for assessment for assessment for assessment for assessment for $13,554,598 $12,724,226 $12,382,505 $12,051,459 $11,796,100 $11,580,265 $11,477,044 $11,230,806 $11,049,400 $16,721 $130,977 $8,302 $65,857 $12,474 $48,346 $27,744 $12,724,226 $12,399,226 $12,182,436 $11,804,402 $11,646,122 $11,489,518 $11,279,152 $11,077,144 $1.105963 $1.215568 $1.302741 $1.367181 $1.433459 $1.482848 $1.525452 $1.545147 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $0.494037 $0.384432 $0.297259 $0.075321 $0.072937 $0.063368 $0.068957 $0.058989 Figures reflected for the 2021 levy are preliminary and subject to change. The taxable value is the prelminary estimate provided by the Spokane County Assessor. The highest lawful levy was calculated by the Spokane County Assessor as of Sep. 17, 2020. $830,372 $763,691 $766, 488 $650,326 $592,574 $490,992 $509,868 $422,890 • Generally speaking, you'll note there is a direct relationship between the Taxable Value listed in column A, and the Banked Capacity in columns H and I. In other words, as the Taxable Value increases the Banked Capacity also increases. This did not hold true for 2016 due to the Implicit Price Deflator (IPD) being less than 1%, which held the Highest Lawful Levy to a lower dollar value. • Alternatively though, there is an inverse relationship between the directions of the Taxable Value in column A and the Levy Rate per $1,000 in column F. In other words, as the Taxable Value increases (as is the case in 2020) the Levy Rate per $1,000 decreases. Essentially what occurs in this case is that even though the Levy Rate per $1,000 may decrease, the actual amount paid by a property owner may not change significantly because the value of the property has increased. By the same token, as the economy declines and Taxable Values decrease, the Levy Rate per $1,000 will likely increase. • It is also noteworthy that in the years the City does not levy the 1% increase in property tax revenue that is allowed by State law, that potential increase is "banked" for potential future use. • The banked capacity can be accessed by the City through the annual property tax levy ordinance adopted by the Council. However, the City may only take the banked capacity up to a level where the levy rate per $1,000 of assessed value does not exceed $1.60. OPTIONS: Passage of an ordinance is required by law in order to levy 2021 property taxes. RECOMMENDED ACTION OR MOTION: No action is needed at this time. This item is scheduled to return to Council on October 27th and November 10th, where the Council will consider the first and second readings of the 2021 Property Tax Levy Ordinance. 2021 $11,505,109,472 2020 $10,200,357,539 $13,146,196 2019 $9,351,389,045 $12,817,947 2018 $8,634,114,798 $12,446,426 2017 $8,124,487,663 $12,172,839 2016 $7,748,275,097 $11,968,036 2015 $7,393,971,582 $11,740,674 2014 $7,168,991,028 $11,472,290 BUDGET/FINANCIAL IMPACTS: This ordinance levies property taxes for the City's 2021 Budget where we anticipate property tax revenues to be approximately $12,724,200 or 28.01% of total General Fund recurring revenues of $45,426,419. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Proposed Draft Ordinance No. 20-0XX Levying 2021 Regular Property Taxes DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.20-XXX AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, LEVYING THE REGULAR PROPERTY TAXES FOR THE CITY OF SPOKANE VALLEY, WASHINGTON FOR THE YEAR COMMENCING JANUARY 1, 2021 TO PROVIDE REVENUE FOR CITY SERVICES AS SET FORTH IN THE CITY BUDGET, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Spokane Valley has met and considered its budget for the calendar year 2021; and WHEREAS, the City's actual levy amount from the previous year was $12,399,226; and WHEREAS, the population of the City is more than 10,000. NOW, THEREFORE, the City Council of the City of Spokane Valley, do ordain as follows: Section 1. Property Tax Levy - An increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2021 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be $0.00 which is a percentage increase of 0.0% from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred, and refunds made. Section 2. Transmittal of Budget. A complete copy of the budget as adopted, together with a copy of this Ordinance, shall be transmitted by the City Clerk to the Division of Municipal Corporations in the Office of the State Auditor, and to the Association of Washington Cities. 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 phase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of , 2020. Ben Wick, Mayor ATTEST: Christine Bainbridge, City Clerk Approved As To Form: Date of Publication: Office of the City Attorney Effective Date: Ordinance 20-XXX Levying 2021 Property Taxes Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Check all that apply: ❑ consent ❑ information Department Director Approval: n old business n new business n public hearing ® admin. report n pending legislation AGENDA ITEM TITLE: Administrative Report — Street vacation 2020-0001 GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington (RCW) 35A.47.020; and RCW 35.79 PREVIOUS COUNCIL ACTION TAKEN: At the July 28, 2020 City Council meeting, Council approved Resolution 20-012 setting August 27, 2020 as the date for a public hearing before the Planning Commission.. BACKGROUND: The City received an application on May 28, 2020 from Hanson Industries, the owner of the adjacent properties, requesting a street vacation of 210-feet of Desmet Court. The total area to be vacated for Desmet Court is approximately 12,847 square feet. The right-of-way width is 48-feet and increases to 95-feet wide at a cul-de-sac. Upon vacation, right-of-way immediately west along Desmet to terminate in a cul-de-sac will be dedicated to the City. The property owner is making a request for the following reasons: 1. The proposed vacation will reduce the length of Desmet Court by 210-feet and dedicate a new cul-de-sac to serve the public use. 2. The vacation of Desmet Court will not impact circulation of City streets, there is no right-of- way available for a future connection to Flora Road to the east. 3. The vacation will allow maximum use of abutting properties because parcels 45131.0507, 45131.0509 and 45131.0510, owned by Hanson Industries, account for the all of the abutting properties of ownership along Desmet Court. The right-of-way for Desmet Court was dedicated as part of the recording for Binding Site Plan (BSP) 02- 09 on September 10th, 2009. The BSP dedicated 48-feet of right-of-way and a cul-de-sac with a 50.50- foot radius. In addition to the right-of-way, a 16-foot border easement and 10-foot utility easement was required along the entire street frontage of Desmet Court. Along the north side of the cul-de-sac (Lot 7 of the BSP) a 20-foot wide sewer easement was required by Spokane County Division of Utilities and a 16- foot wide border and utility easement was also required. The modification of the easements in order to relocate the cul-de-sac will require a Final BSP Alteration as a condition of street vacation approval. The site contains both city facilities (pavement) and utility improvements (cable, internet, sewer, gas and power). Comcast, Century Link, Avista Utilities, Spokane County Environmental Services and Consolidated Irrigation District #19 all have provided comments demonstrating the existence of their facilities within the right-of-way or easements. These facilities will all need to be relocated to the new cul-de-sac location at the time of dedication. The Planning Commission conducted a study session on August 13, 2020 and a public hearing on August 27, 2020. Following public testimony and deliberations, the Planning Commission voted 5-0 to recommend approval of the proposal (as described above) to vacate the cul-de-sac for Desmet Court. The findings and recommendations were approved by the Planning Commission on September 10, 2020. RCA Administrative Report for STV-2020-0001 Page 1 of 2 SVMC Section 22.140.040 directs City Council to consider the Planning Commission's findings, conditions and/or limitations appropriate to preserve the public use or benefit and the division of the vacated right-of-way among abutting property owners. RCW 35.79.030 provides the framework for determining whether compensation for the right-of-way to be vacated is `If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated" However, the right-of-way proposed to be vacated was dedicated in 2009 which would only make it 11 years old. The right-of-way was obtained through a platting action (binding site plan) and was not acquired at the public expense. Therefore, the City cannot ask for compensation regarding the vacation of Desmet Court. OPTIONS: Consensus to proceed with first ordinance reading as proposed; or take other action deemed appropriate. RECOMMENDED ACTION: Consensus to proceed with a first ordinance reading at the October 13, 2020 Council meeting. STAFF CONTACT: Connor Lange, Planner ATTACHMENTS: 1. PowerPoint Presentation 2. Approved Planning Commission Findings and Recommendation 3. Approved Planning Commission Meeting Minutes August 13, 2020 4. Approved Planning Commission Meeting Minutes August 27, 2020 5. Staff Report and Recommendation to the Planning Commission, including exhibits RCA Administrative Report for STV-2020-0001 Page 2 of 2 Hanson Industries Street Vacation STV-2020-0001 Administrative Report September 29, 2020 Spokane .000Val ley 1 Process: • C- • • • • U Study Session '� 8-13-2020 1 0 •E Findings of Fact 9-10-2020 a Public Hearing 8-27-2020 Administrative Report U 4, Ordinance 1st U Reading Ordinance 2nd Reading Conditions satisfied Today Staff Review Desmet Court vacated 1 Spokane .Valley 2 0 — ➢0 Desmet Court street vacation Z Esri, HERE, Gamin, (c) OprnStreetMap contributors, and the GIS user community *Wane e .Daley 3 Proposed Street Vacation: LOT 11 BSI, 02-09 LO I 6 DESMET COURT 44.0 8I N89.49'33"W R27.5. ♦ y\\ • \♦‘SSS\♦\♦S. .0- 7 • "49'• 3'�.' 47.66 R 52.5. AREA OF NCW DCDICATION LOT 10 CUSP 02 0 ARFA OF PR OPCISCD VACATION LOT 5 PROJ 6: 20-2E05 DATE: EN 20 DRAWN: DAC APPROVED: DAC BEALE: I"-5D ROADWAY DEDICATION EXHIBIT DESMET COURT WITHIN BINDING SITE PLAN 02-09 SP❑KANE VALLEY, WASHINGTON 4WC E YM119'Lt CYJNGULIINC ENGINE I`. IAOLANDERANSPCFTAIEDN ENGE.EHE. 175711 N('.RT SI I IVAN APPLICANT'S REASON FOR REQUEST: ➢ Reduces length of Desmet Court by 210-feet. ➢ No feasible future right-of-way connection ➢ Allow maximum use of abutting properties ➢ All adjacent land belongs to single owner S iO ane .0jValley 4 Planning Commission Recommendation: Voted 5-0 to approve the proposal to vacate a portion of Desmet Court with 11 conditions of approval. Spokane .Valley City Council Considerations: ➢ Planning Commission findings; ➢ Conditions and/or limitations deemed appropriate to preserve public use or benefit; ➢ Specifies which portion of street goes to abutting property owners; and ➢ Feasibility to require compensation based upon Resolution 07-009 and RCW 35.79. Spokane ��Ualley 6 7 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION STV-2020-0001 Street vacation of a portion of Desmet Court Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. A. Background: 1. Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations, was adopted in September 2007 and became effective on. October 28, 2007. 2. The privately -initiated street vacation, STV-2020-0001, to vacate the east 210-feet ofDesmet Court and subsequently dedicate public right-of-way in the form of a cul-de-sac to the west providing the same level of service. 3. The Planning Commission held a public hearing and conducted deliberations on August 27, 2020. The Planning Commission voted 5-0 to recommend approval of STV-2020-0001 to the City Council. B. Planning Commission Findings: Compliance with SVMC 22.140.030 Planning Commission review and recommendation Finding(s): 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is currently serving three vacant parcels owned by Hanson Industries. The dedication of the cul-de-sac further west is being required as a condition of the vacation in order to provide the same level of service to the public. The street vacation requires the relocation of the border easement and utility easements in order to serve the public interest. The vacated property will allow for maximum use of the property. 2. Whether the street or alley is no longer required for public use or public access? The existing cul-de-sac will no longer be required for public access with the new design and dedication of the new cul-de-sac further west. The new cul-de-sac, border easement and utility easement will provide the same level of service as is currently provided. 3. Whether the substitution of a new and different public way would be more useful to the public? The new cul-de-sac will serve the public better because it allows Hanson Industries to maximize the use of their property in an area where urban services are in place. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0001 Page 1 of 3 There is no additional right-of-way east of Desmet Court that would allow for a future connection to Flora Road. Therefore, the dedication of the cul-de-sac will provide an equal level of service to the public. Spokane Valley Public Works has expressed support of the street vacation. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. The utility providers all provided comments supporting the street vacation of Desmet Court if all their utilities are moved (at the owner/developers expense) to their acceptance and approval. Conclusion: The findings confirm criteria set forth in SVMC 22.140.030 have been met. C. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve STV-2020- 0001 for Desmet Court subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2020-0001), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (45131.0507, 45131.0509 and 45131.0510) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 10. 3. The following easements shall be established. Submit recording number on record of survey and written documentation of easement for City verification. a. An easement acceptable to Spokane County Environmental Services for access to public sewer 30-feet in width centered on the existing pipe. 4. Applicant shall submit a Final BSP Alteration application concurrently with the record of survey for the street vacation for review. The street vacation record of survey cannot be recorded until the Final BSP Alteration has been approved and is ready to record. The final map shall include the following relocated easements/dedications: a. A 16-foot border easement adjacent to newly dedicated right-of-way. b. A 10-foot utility easement running parallel to the border easement around the cul-de-sac. c. The dedication of right-of-way for a cul-de-sac with a 52.50-foot radius in compliance with the Spokane Valley Standard Plan R-130. 5. All the existing utilities located in the right-of-way, border easement and utility easements shall be relocated at the expense of the owner/developer prior to recording the street vacation. Verification from all of the utility purveyors must be received prior to recording the street vacation that their utilities have been relocated in an acceptable manner. Findings and Recommendations of the Spokane Valley Planning Commission STV-2020-0001 Page 2 aE 3 6. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 7. The surveyor shall Iocate a monument at the intersection of the centerline of the vacated right-of- way with each street or right-of-way in accordance with the standards established by the SVSS. 8. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 9. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 10. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 11. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this loth day of September, 2020 Planning Commission Chairman ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission S'T'V-2020-000i Page 3 of 3 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall August 13, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Walt Haneke James Johnson Danielle Kaschmitter, absent Tim Kelley Bob McKinley Sherri Robinson Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Lori Barlow, Senior Planner Connor Lange, Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant There was a consensus from the Planning Commission to excuse Commissioner Kaschmitter from the meeting. IV. AGENDA: Commissioner Beaulac moved to approve the August 13, 2020 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner McKinley moved to approve the amended July 23, 2020 minutes as presented with one change to page 3 paragraph 7 sentence 2 to read: "It's substantially less expensive to expand than relocate and relocation could be outside of the City limits." There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Chair Johnson reported that he continues to attend the Human Rights Task Force meetings. He also informed the Planning Commission that he attended the City Council meeting on August 4, 2020 and they came to a consensus to approve all of the Comprehensive Plan amendments that were submitted. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 1 08-13-2020 Planning Commission Minutes Page 2 of 5 a. Public Hearing: CTA-2020-0003, Proposed amendment to Spokane Valley Municipal Code (SVMC) Chapter 19.25, Nonconforming Uses and Structures The Public Hearing was opened at 6:09 pm. Senior Planner Lori Barlow gave the Commission a presentation explaining that Chapter 19.25 of the SVMC regulates nonconforming uses and structures and defines what is considered a legal nonconforming use or structure. According to the municipal code, nonconforming uses are uses or structures that were legally permitted under the applicable regulations at the time the use or structure came into existence and began lawful operations but subsequent changes or amendments to the zoning regulations occurred and made the use or structure nonconforming. Under this section of the municipal code, these nonconforming uses are allowed to continue and are subject to regulations of this chapter. The chapter also outlines the circumstances that a nonconforming use can be expanded. This item was presented to the Commission as an administrative report on July 23, 2020 and proper noticing has been done for the public hearing. An environmental review has been conducted and it concluded that there would be no environmental impacts if this code text amendment were approved. Ms. Barlow explained that there are two reasons that the City has been prompted to look at this item. The first reason is regarding single family residential structures in a non- residential zoning district. The applicability section of SVMC 19.25.010(4) states that existing legally established single-family residential structures located in a nonresidential zoning district are defined as a legal nonconforming use or structure. According to SVMC 19.25.030(E), "if a structure is damaged by fire, flood, neglect, or act of nature more than eighty percent of the market value, it may not be rebuilt." This notation in the municipal code causes problems for residents to get financing to either refinance a current mortgage or get a new mortgage. Banks want to make sure that they can retain their value in the event of a disaster. Staff is proposing to make a change to item four of the applicability regulation that states "existing legally established single-family residential structures located in a nonresidential zoning district shall not be deemed nonconforming and shall be permitted as a legal use." This change to the language removes these homes from being reviewed and regulated under the nonconforming use regulations. Ms. Barlow noted that there is a change in this language from the last meeting. Previously, the language read single-family residential "uses". That language has been updated to single-family residential "structures" to prevent additional nonconformities within zoning districts. A damaged single-family home cannot be replaced with a multifamily dwelling and cannot be subdivided for residential purposes. According to the City's GIS Department, there are approximately 190 single-family residential structures identified that will be affected by this change. Ms. Barlow continued that the second item that has prompted this code text amendment is regarding the ability for property owners to expand nonconforming uses. The current regulations state that nonconforming uses can be expanded within the boundaries of the original lot and any lot adjacent to the original lot if they meet all criteria laid out in the municipal code. Staff is proposing to remove the language from the municipal code allowing expansion onto adjacent lots. Nonconforming uses will continue to be allowed to expand within the confines of the boundaries of the original lot only. Commissioner Haneke asked if a property owner owns a lot adjacent to a nonconforming use prior to it being deemed nonconforming, would this change stop the business from being allowed to expand onto the second lot. Ms. Barlow answered that this change would prohibit 2 08-13-2020 Planning Commission Minutes Page 3 of 5 that expansion. Commissioner Haneke expressed that he would like the municipal code to allow expansion on adjacent properties that were owned by the same property owner prior to the nonconforming designation. Ms. Barlow explained that currently the municipal code defines the ability to expand into two categories: nonconforming uses in residential zones and nonconforming uses in non- residential zones. The existing language regarding residential zones states that property owners can expand to an adjacent lot if both lots were owned prior to the nonconforming designation. The language pertaining to nonresidential zones states that expansion could happen on an adjacent lot subject to specific criteria. The proposal is to eliminate the expansion criteria onto adjacent lots and limit expansion to the confines of the existing lot regardless of whether the property is residential or nonresidential. The public hearing was closed at 6:48 PM Commissioner McKinley expressed concern that this change could cause businesses to leave the City limits if they are unable to expand in their current location and need additional space. He feels that businesses should be allowed to expand rather than forcing them to relocate. Commissioner Kelley expressed that he feels that residential and nonresidential should be treated equally within the code. Ms. Barlow responded that residential and nonresidential are reviewed differently. The proposed change to residential would allow legal nonconforming single-family residences to continue and expand under the regulations. Businesses would need to comply and expansion would only be allowed within the confines of their existing lot or they would have to relocate their business to a location that is zoned properly for their business use. The logic for this difference is based on the market dictating when those residential uses will become more valuable as commercial or industrial. A pocket of residences isn't going to change until the market creates an opportunity where there is a significant value in making adjustment to the property. Staff wants to make sure that the municipal code does not create a burden on the single-family home property owners causing them to be unable to refinance or sell their property. There was consensus from the Commission regarding approval of the change to the residential portion of the municipal code that protects homeowners of legal nonconforming structures. Chairman Johnson clarified that the primary concern of the Commission is that this change will limit a property owner that owns an adjacent property to a nonconforming use to utilize that property as expansion for the nonconforming business. He asked if there should be a time limitation on their ability to expand onto that property. Commissioner Haneke responded that he feels the property owners should be allowed to maintain the expansion ability for as long as they own the property (if the property was purchased prior to the nonconforming designation). However, if the property is sold it would lose that possibility. He would like to see this change apply to both residential and nonresidential. There was lengthy discussion regarding how to make these changes to the code text. Deputy City Attorney Erik Lamb presented an updated draft code based on the conversation updating Chapter 19.25.020(D) to state the following: 3 08-13-2020 Planning Commission Minutes Page 4 of 5 D. A nonconforming use • , itle tial-- . eN may be expanded only within the boundaries of the original lot and any adjacent lot having the same ownership as the lot at the time the use on the original lot became conforming, if I. The expanded use does not degrade the transportation level of service greater than the original use; 2. The expanded use does not adversely impact the use of neighboring property; 3. Any transfer of ownership on adjacent lots was made concurrently with the transfer of ownership of the lot on which the nonconforming use is locates as part of a single transaction; etnii 4. The expansion does not create additional development opportunities on adjacent lots that would not otherwise exist; and 5. The use is not a single family residential use. Section 19.25.020(E) will be removed from the code in its entirety. The Commission came to a consensus regarding these changes. Chairman Johnson moved to recommend approval of CTA-2020-0003 including the changes to Section 19.25.010(4) regarding single-family residential structures, the addition of line item five in Chapter 19.25.020(D) and removing Chapter 19.25. 020(E). There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. Chairman Johnson moved to take a ten-minute break. The vote on the motion was six in favor, zero against and the motion passed b. Study Session: STV-2020-0001, A proposed street vacation of a portion of Desmet Court between Indiana and Flora Planner Connor Lange gave the Commission a presentation regarding STV-2020-0001, a privately initiated street vacation for a portion of Desmet Court. He explained that the City received the application on May 28, 2020 from Hanson Industries requesting to vacate 220 feet of Desmet Court. The proposed vacation in located between Indiana Avenue (west), Flora Road (east). 1-90 (north) and adjacent to three parcels. The total area to be vacated is approximately 12,847 square feet. The proposed vacation will reduce the length of Desmet Court by 220 feet and dedicate a new cul-de-sac to serve the public. The reduced length of Desmet Court will reduce City maintenance costs of snow removal and repaving. The vacation will allow maximum use of abutting properties because parcels 45131.0507, 45131.0509 and 45131.0510 owned by Hanson Industries, which accounts for the majority of ownership along Desmet Court. Commissioner Beaulac asked about comments received from the utility companies. Mr. Lange answered that there are utilities located in the border easement and rights -of -way. The applicant is aware they will have to pay to have all of these relocated to the new cul-de-sac. This will be a condition of approval for the street vacation. Commissioner Haneke expressed that his company is working on the construction on Desmet and he has been involved in discussions regarding possible future development. He asked if he needed to recuse himself from discussion on this natter. Chairman Johnson answered that he should recuse himself if he feels that his involvement in the project would cause him not to consider this matter equably and fairly. Commissioner Haneke responded that he feels he 4 08-13-2020 Planning Commission Minutes Page 5 of 5 can consider this matter fairly and equably but he did want to make sure that the Commission was aware of the possible conflict. X. GOOD OF THE ORDER: Commissioner Beaulac stated that he works for the US Census Bureau and encouraged everyone to send in their census reports and to be helpful to any of the Census agents. Commissioner Robinson thanked the staff and the Commission for all their work on these matters. XI. ADJOURNMENT: Commissioner Kelley moved to adjourn the meeting at 8:12 p. m. The vote on the motion was six in favor, zero against, and the motion passed James Johnson, Chair Date signed Deanna Horton, Secretary 5 Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall August 27, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. H. Commissioners, staff and audience stood for the pledge of allegiance. III. Administrative Assistant Taylor Dillard took roll and the following members and staff were present: Fred Beaulac Walt Haneke James Johnson Danielle Kaschmitter, absent Tim Kelley Bob McKinley Sherri Robinson Erik Lamb, Deputy City Attorney Jenny Nickerson, Building Official Lori Barlow, Senior Planner Connor Lange, Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant There was a consensus from the Planning Commission to excuse Commissioner Kaschmitter from the meeting. IV. AGENDA: Commissioner Robinson moved to approve the August 27, 2020 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the August 13, 2020 minutes as presented There was no discussion. The vote on the motion was six in favor, zero against and the motion passed VI. COMMISSION REPORTS: Chair Johnson reported that he continues to attend the Human Rights Task Force meetings. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson stated that the Council Chamber windows of City Hall will be lit up with purple and gold Iights to commemorate the 100th anniversary of "Women's Right To Vote." VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: I 0$-27-2020 Planning Commission Minutes Page 2 of 4 a. Findings Of Fact: CTA-2020-0003, Proposed Amendment To Spokane Valley Municipal Code (SVMC) Chapter 19.25, Nonconforming Uses and Structures Senior Planner Lori Barlow requested approval of the findings of fact from the meeting held on August 13, 2020 regarding the proposed amendment to the SVMC regarding nonconforming uses and structures. This document will formalize the Planning Commission's actions and the recommendation will be submitted to the City Council for approval. Chairman Johnson moved to approve the Findings of Fact as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. b. Public Hearing: STV-2020-0001, A proposed street vacation of a portion of Desmet Court between Indiana and Flora Commissioner Haneke recused himself from this item due to a conflict of interest as his company is involved in the project. He was placed in the Zoom waiting room for the duration of the agenda item. The public hearing was opened at 6:11 p.m. Planner Connor Lange gave the Commission a presentation regarding STV-2020-0001, a privately initiated street vacation for a portion of Desmet Court. He explained that the City received the application on May 28, 2020 from Hanson Industries requesting to vacate 220 feet of Desmet Court. A study session was held on this request on August 13, 2020. The proposed vacation is located between Indiana Avenue (west), Flora. Road (east), I-90 (north) and adjacent to three parcels. The total area to be vacated is approximately 12,847 square feet. The proposed vacation will reduce the length of Desmet Court by 210 feet and dedicate a new cul-de-sac to serve the public. The reduced length of Desmet Court will reduce City maintenance costs of snow removal and repaving. The vacation proposal will not impact circulation of City streets because there is no right-of-way available for a future connection to Flora Road to the east. The vacation will allow maximum use of abutting properties because parcels 45131.0507, 45131.0509 and 45131.0510 are all owned by Hanson Industries. The public hearing meets all of the notification requirements: posted in three places, published in the Valley Herald twice, written notice sent out to abutting property owners immediately along Desmet Court and signs posted at each end of the proposed vacation area. The request meets all of the SVMC criteria of approval for a street vacation. The site contains utility improvements (cable, internet, sewer, gas, and power). The utility companies all provided comments addressing the existence of these utilities and requesting they be relocated to the new cul-de-sac at the time of dedication. Staff has informed the applicants that this work will have to be done at their expense. Planner Connor expressed that staff recommends approval of this request subject to conditions 1-11 outlined in pages five and six of the staff report. Chairman Johnson asked about compensation from the developers. Planner Lange responded that there has not been any conversation about compensation but staffs determination would be not to request such since the developers are required to dedicate a new cul-de-sac. Chair Johnson asked if anyone from the public wished to testify. 2 08-27-2020 Planning Commission Minutes Page 3 of 4 Todd Whipple, Whipple Consulting Engineers: Mr. Whipple commented that the property is going to be purchased by Lance Douglass who owns the apartment project under construction to the north of the property. He plans to build additional apartments on these parcels. Mr. Whipple also mentioned that all of this basin drains into the large pond on the property. During discussions with Chad Riggs in Development Engineering, it was determined that the size of the pond could be reduced based on new standards that are in place. He requested that the Planning Commission recommend approval of the street vacation to City Council. Commissioner Robinson asked for clarification regarding reducing the pond size. Mx. Whipple responded that when this project was originally created, the guidelines for stormwater management required ponds to be 40% bigger than they needed to be. Those guidelines have now been adjusted and the changes allow for more developed land area. The public hearing was closed at 6:28 p. m. Chairman Johnson moved to recommend approval of the proposed street vacation for Desmet Court to the City Council subject to staff conditions. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed. Commissioner Haneke rejoined the meeting. C. Study Session: CTA-2019-0005, A proposed amendment to Title 20, Subdivisions Planner Connor Lange gave a staff presentation. He explained that the Revised Code of Washington (RCW) 58.17 provides the state requirements for subdivisions and Title 20 of the SVMC provides the local standards for processing subdivisions. Local jurisdictions can incorporate their own additional processes regarding short subdivisions (9 or fewer lots) but state law outlines the regulations regarding long subdivisions (10 or more lots). Changes have been made to the RCW in recent years and the City needs to update their code to reflect those changes and requirements. Planner Lange outlined the current processes for short/long subdivisions and preliminary/final plat alternations. He also explained scenarios an applicant might need to do a plat alteration. Commissioner Haneke asked about the regulations regarding bonding of projects. Planner Lange answered that the City doesn't generally enter into performance bonds for completion of a project. The City requires all improvements to be completed prior to recording of final plats. But the City does utilize warranty bonds for projects that have been completed and are in the warranty stage. Deputy City Attorney Lamb clarified that the City's street standards outline when a performance bond can be used. Planner Lange explained general design requirements and criteria staff uses when analyzing proposed plats that are submitted. This includes the design, shape, size, and orientation of the lots, lot arrangement, block dimensions, access, adequate public domestic water supply, stormwater run-off and utility easements. He explained that a formal study session will be held at the next Planning Commission meeting that will outline all proposed code text language. 3 08-27-2020 Planning Commission Minutes Page 4 of 4 X. GOOD OF THE ORDER: Commissioner McKinley, Beaulae, and Robinson all thanked the staff for a well-done presentation. Commissioner Kelley expressed frustration with the lack of adherence to Robert's Rules of Order during previous Planning Commission meetings. XI. ADJOURNMENT: Commissioner Haneke moved to adjourn the meeting at 7:15 p.m. The vote on the motion was six in favor, zero against, and the motion passed. James Johnson, Chair Date signed Deanna Horton, Secretary 4 Spokane ,�.•���lle��� Cori m,zUNITY AND PUBLIC WORKS BUILDING & PLANNING STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2020-0001 STAFF REPORT DATE: August 18, 2020 FILE NO: STV-2020-0001 PROPOSAL DESCRIPTION: Request to vacate the east 210-feet of Desmet Court and subsequently dedicate public right-of-way in the form of a cul-de-sac to the west providing the same level of service. STAFF PLANNER: Connor Lange, Planner, Community & Public Works APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206 PROPERTY OWNER: Hanson Industries Inc., 15807 E Indiana Ave, Spokane Valley, WA, 99216 PROPOSAL LOCATION: The portion of right-of-way proposed to be vacated is located between Indiana Avenue (west) and Flora Road (east) and adjacent to three parcels (45131.0507, 45131.0509 and 45131.0510) further located in the SE quarter of the NE quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington. BACKGROUND: The City received an application on May 28, 2020 from Hanson Industries, the owner of the adjacent properties, requesting a street vacation of 210-feet of Desmet Court. The total area to be vacated for Desmet Court is approximately 12,847 square feet. The right-of-way width is 50-feet and increases to 95-feet wide at a cul-de-sac. Upon vacation, right-of-way immediately west along Desmet to terminate in a cul-de-sac will be dedicated to the City. The property owner is making a request for the following reasons: 1, The proposed vacation will reduce the length of Desmet Court by 21.0-feet and dedicate a new cul-de-sac to serve the public use. 2. The vacation of Desmet Court will not impact circulation of City streets, there is no right-of- way available for a future connection to Flora Road to the east. 3. The vacation will allow maximum use of abutting properties because parcels 45131.0507, 45131.0509 and 45131.0510, owned by Hanson Industries, account for the all of the abutting properties of ownership along Desmet Court. The right-of-way for Desmet Court was dedicated as part of the recording for Binding Site Plan (BSP) 02-09 on September le, 2009. The BSP dedicated 48-feet of right-of-way and a cul-de-sac with a 50.50-foot radius. In addition to the right-of-way, a 16-foot border easement and 10-foot utility Staff Report and Recommendation STV-2020-0001 Page 1 of 11 August 18, 2020 easement was required along the entire street frontage of Desmet Court. Along the north side of the cul- de-sac (Lot 7 of the BSP) a 20-foot wide sewer easement was required by Spokane County Division of Utilities and a 16-foot wide border and utility easement was also required. The modification of the easements in order to relocate the cul-de-sac will require a Final BSP Alteration as a condition of street vacation approval. The site contains both city facilities (pavement) and utility improvements (cable, internet, sewer, gas and power). Colncast, Century Link, Avista Utilities, Spokane County Environmental Services and Consolidated Irrigation District 419 all have provided comments demonstrating the existence of their facilities within the right-of-way or easements. These facilities will all need to be relocated to the new cul-de-sac location at the time of dedication. A new border easement and utility easement will be required as part of the BSP alteration and re -dedication of the cul-de-sac for Desmet Court. The vacation of the Desmet Court cul-de-sac will not leave any lots without street frontage or access that don't currently have access to Desmet Court. Therefore, no access easements are required to serve any properties. APPROVAL CRITERIA: 1. SVMC — Title 20 (Subdivision Regulations) 2. SVMC — Title 21 (Environmental Controls) 3. SVMC — Title 22 (Street Vacations) 4. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit I: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Material Exhibit 4: Notice of Public clearing Exhibit 5: Agency Comments Exhibit 6: Email from Applicant regarding Noticing I, Size and Characteristics of proposed vacation: The area to be vacated includes asphalt paving, adjacent landscaping with street trees and sidewalk. The proposed vacation accounts for 12,847 square feet of public right-of- way. Adjacent Comprehensive Plan Designation: Mixed Use (MU) Adjacent Zoning: Mixed Use (MU) Adjacent Land Use(s): Parcel 45131.0507, 45131.0509 & 45131.0510 are all owned by Hanson industries and are currently vacant. The owner has submitted for an apartment complex on the four properties. Staff Report and Recommendation STV-2020-0001 August 18, 2020 Page 2 of 11. II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 22.140.030 Findings: I. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is currently serving three vacant parcels owned by Hanson Industries. The dedication of the cul-de-sac further west is being required as a condition of the vacation in order to provide the same level of service to the public. The street vacation requires the relocation of the border easement and utility easements in order to serve the public interest. The vacated property will allow for maximum use of the property. 2. Whether the street or alley is no longer required for public use or public access? The existing cul-de-sac will no longer be required for public access with the new design and dedication of the new cul-de-sac further west. The new cul-de-sac, border easement and utility easement will provide the same level of service as is currently provided. 3. Whether the substitution of a new and different public way would be more useful to the public? The new cul-de-sac will serve the public better because it allows Hanson Industries to maximize the use of their property in an area where urban services are in place. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? There is no additional right-of-way east of Desmet Court that would allow for a future connection to Flora Road. Therefore, the dedication of the cul-de-sac will provide an equal level of service to the public. Spokane Valley Public Works has expressed support of the street vacation. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No objections or public comment has been received. The utility providers all provided comments supporting the street vacation of Desmet Court if all their utilities are moved (at the owner/developers expense) to their acceptance and approval. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH SVMC TITLE 21—ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and. SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). III. PUBLIC COMMENTS Staff Report and Recommendation STV-2020-0001 Page 3 of 11 August 18, 2020 Findings: No public comments have been received following the notice of public hearing issued, mailed and posted on August 12, 2020. A Notice of Public Hearing sign was posted on the property August 12, 2020 at the Desmet Court cul-de-sac and public hearing notices were mailed to all owners immediately adjacent to the properties fronting on the portion of Desmet Court to be vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPlace Event Center on August 12, 2020. Lastly, the notice was published in the Spokane Valley Herald on August 7, 2020 and August 14, 2020. Conclusion(s): SVMC 22.140.020(F) requires noticing 20 days prior to the Public Hearing for street vacation applications. However, the City provided 15 days' notice for posting signage onsite, at City locations, and in mailings. The City provided 20 days' notice through the published notice in the newspaper. The City has contacted the Application/Owner about the discrepancy and the Applicant stated a desire to proceed with the public hearing as provided since the Owner owns all abutting property to the portion of Desmet being vacated. See Exhibit 6 for the Applicant response. IV. AGENCY COMMENTS Notice was provided to agencies and service providers on August 5, 2020. Comments were received from the following agencies and are attached as exhibits to this staff report. Where necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works Yes 8-6-20 Spokane Valley Fire District No.1 Yes 5-14-20 {w/ application) Spokane County Environmental Services Yes 5-28-20 (w/ application) Spokane Regional Health District No Avista Utilities Yes 8-11-20 Spokane Transit Authority No City of Spokane Valley Police Department No Century Link Yes 8-7-20 Comcast Yes 8-6-20 Consolidated Irrigation District #19 Yes 5-26-20 (w/ application) WA Archaeology and Historic Preservation No WA Department of Transportation No Staff Report and Recommendation STV-2020-0001 August I8, 2020 Page 4 of 11 Findings: Notice of application was routed to jurisdictional agencies, utilities, and public districts for review and comment. All of the utility agencies commented stating they have facilities in either the existing right- of-way and/or the existing utility easements. The facilities will need to be relocated (at the owners expense) outside of the vacated area and into the easements and right-of-way for the new dedicated cul-de-sac. No agencies have stated opposition to the street vacation so long as their utilities are relocated. No other substantive agency comments have been received to date. Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation for Desmet Court so long as conditions are met. V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2020-0001 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Approve the request to vacate the east 210-feet of Desmet Court and subsequently dedicate public right-of-way in the form of a cul-de-sac to the west on parcel 45131.0510 subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2020-0001), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (45131.0507, 45131.0509 and 45131.0510) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 10. 3. The following easements shall be established. Submit recording number on record of survey and written documentation of easement for City verification. a. An easement acceptable to Spokane County Environmental Services for access to public sewer 30-feet in width centered on the existing pipe. 4. Applicant shall submit a Final BSP Alteration application concurrently with the record of survey for the street vacation for review. The street vacation record of survey cannot be recorded until the Final BSP Alteration has been approved and is ready to record. The final map shall include the following relocated easements/dedications: a. A 16-foot border easement adjacent to newly dedicated right-of-way. b. A 10-foot utility easement running parallel to the border easement around the cul-de-sac. c. The dedication of right-of-way for a cuI-de-sac with a 52.50-foot radius in compliance with the Spokane Valley Standard Plan R-130. 5. All the existing utilities located in the right-of-way, border easement and utility easements shall Staff Report and Recommendation STV-2020-0001 Page 5 of 11 August 18, 2020 be relocated at the expense of the owner/developer prior to recording the street vacation. Verification from all of the utility purveyors must be received prior to recording the street vacation that their utilities have been relocated in an acceptable manner. 6. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 7. The surveyor shall locate a monument at the intersection of the centerline of the vacated right- ofway with each street or right-of-way in accordance with the standards established by the SVSS. 8. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 9. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 10. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 11. A1I conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2020-0001 Page 6 of I 1 August 18, 2020 EXHIBIT 1 Staff Report and Recommendation STV-2020-0001 Page 7 of 11 August 18, 2020 190 380 Feet 90 Esri, HERE. Garmin, (c) OpinStreetMap contributors, and the GIS user community EXHIBIT 2 Staff Report and Recommendation STV-2020-0001 Page 8 of 11 August 18, 2020 City of Spokane Valley 8119/2020, 3:28:57 PM El City of Spokane Valley — Streets Valley Parcels • SiteAddress Point 4t . C CLw4Lg 1:1,128 0 0.0125 0.025 0 0.02 0.04 0.015 mi i 0.08km Source: 5sri, Maxar. GeoEye, Earthstar Geogrephlee, CNESIAirbus DS. USDA, USGS, AeroGRID. tGN, andthe GIS I1serCommunity oSv Esri, HERE, Garmin, (c) GpenStreetMap contributors. and the GIS user community CSV I Spokane image Consortium. Maser I Esri, HERE, Gamin, iPC EXHIBIT 3 Staff Report and Recommendation STV-2020-0001 Page 9 of 1 1 August 18, 2020 STREET VACATION APPLICATION►pokane �" SVMC 22.140 STAFF USE ONL Ph 10210 E Sprague Avenue ♦ Spokane Valley WA 9920G i-'rojDct I�•ZD2z' Pones 9) 720-5240 ♦Fax: (509) 720 5075 ♦ t�tiinitc�nLt'.Irrr Ins is iisGt,ille .s� MAY 2 8 2020 Date Submitted: CO31r f K t �I �0 t1-1) : PLUS #: _- - r Fi !H T IJP. F� Fee: PART I - REQUIRED MATERIAL ""THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED`• ES Completed Application Form ❑ Application Fee Notice of Application Packet (17.80.110) — Adjacent Property(ies) Written Narrative — A written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. IjWrltten Correspondence from Utility Purveyors t/Telephone '/Cable Electric Other (Specify )_ vWeter District =Fire District / Gas Utility 1/Sewer Utility Of Vicinity Map — Submit a map showing the general area of the proposed vacation Li Record of Survey, If available, for the subject street and/or alley proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation. 0 Written Evidence of all easements, allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation, PART II - APPLICATION INFORMATION APPLICANT NAME: Whipple Consulting Engineers MAILING ADDRESS: 21 S. Pines Rd. Mn,: Spokane Valley STATE: WA ZIP: 99206 PHONE: (509)893-2617 FAX: (509)926-0227 CELL: PROPERTY OWNER No. 1: HANSON INDUSTRIES EMAIL:TODDW@WHIPPLE.COM MAILING ADDRESS: 15807 E INDIANA AVE CITY: SPOKANE STATE: WA Zip: 99216 PL-15 V1.0 Page 1 of PHONE: CELL: STREET VACATION APPLICATION EMAIL: PROPERTY OWNER No. 2: MAILING ADDRESS: CITY: SPOKANE STATE: WA ZIP: PHONE: FAX: CELL: EMAIL: If more than two (2) abutting property owners, include information and written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: A PORTION OF E DESMET CT. AND CUL DE SAC DIMENSIONS OF STREET/ALLEY TO BE VACATED: DESMET CT= 50' wide SQUARE FEET OF STREET/ALLEY TO BE VACATED: —12,847.3 SF ABUTTING TAX PARCEL No(s).: 45131.0524, 45131,0507, 45131.0509 AND 45131.0510 ADDRESSES OF ABUTTING PARCELS: 16609, 17010, 16926 AND 16916, E DESMET CT ZONING DESIGNATION: MU THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; 1. How DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? PLEASE NOTE: PER RCW 35,79.040 (TITLE TO VACATED STREET/ALLEY), THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF (1 I2) TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. PL-15 V1.0 Page 2 of Spokane Valley STREET VACATION APPLICATION PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY, THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36.79.030 PART 111- AUTHORIZATION (Signature of owner or authorized representative) I, SUSAN M MOSS , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. (Signature) STATE OFWASHINGTON) COUNTY OF SPOKANE ss: ) SUBSCRIBED AND SWORN to before me this NOTARY SEAL NOTARY Notary Public in and for the State of Washington Residing at: r.�o (Date) / k P1_0 C'ot',d My appointmenitexpires: LEGAL OWNER NO. 1 AUTHORIZATION: 4‘v.5',0 fri, Tirol vif-' f`�y� t`'tN . If the a pli ant is no the gal ow er(s), the owner must P gyide the following acknowledgement; '� U P ' , wner of the above described property do hereby authorize WHIPPLE CON6_OLTING ENGINEERS to represent me and my interests in all matters regarding this application. PL-15 V1.0 Page 3 of -1� s. LOT 11 9 S02-09 LOT 6 DESMET COURT R27.5' 44.09' 174.95' N89 as '33"N44.44, ��� AREA OF PROPOSED VACATION o N89'49'33"W 06 t28.85t„ \ \ \ \ \ \ \ \\\\\\\\♦\\\ \♦\\\\\\\\\ \\\\\\\\\♦\ \\\\\\\\\\ \♦\\\♦\\♦ \♦\\\\ \ \ 47.66' R52.5' LOT 7 133.69 �i N... AREA OF NEW DEDICATION LOT 10 3S02 09 O z LOT 9 S PRO U #: 20-2605 DATE: E/5/20 DRAWN: DAC APPROVED: DAC SCALE: 1 "=50' ROADWAY DEDICATION EXHIBIT DESMET CURT WITHIN BINDING SITE PLAN 02-09 SP❑KANE VALLEY, WASHINGT❑N 4WCE WHIPPLE CONSULTING ENGINEEPS CIVILAND TRANSPOR'ATICN EN E;IN1EEPING 12526 NORTH SULLIVAN PCAD S?D .ANE VALLEY, V4ASHINGTON 9221 PH,509-393-2617 FAY. 539-925-6227 Johanna Herzog Subject: FW: 2266 Desmet Ct, Street Vacation From: Susan Moss Sent: Wednesday, May 13, 2020 5:31 PM To: Johanna Herzog <jherzog@whipplece.com> Subject: FW: 2266 Desmet Ct. Street Vacation LSL ,I Susan Moss, ASIA '019 Whipple Connurrrno Eivrneare From: Kevin Wells <KV,h2Its + verawaterandoower.com> Sent: Wednesday, May 13, 2020 5:23 PM To: Susan Moss < leLp.t.0u11> Subject: RE: 2266 Desmet Ct. Susan, Projec,f; RECEIVED MAY 2 8 2020 COSV PERMIT CENTER SUB# REV# don't have access to all of the old easement and annexation documents while working at home. My guess Is that if this area is within the original boundary, it is covered by our 1908 blanket easement. It is either just inside or just outside of that boundary and I have no way of knowing without the old documentation. We don't have any current facilities within the road, but we have a joint annexation with Consolidated in the area and they may have facilities serving property within their or our districts. To provide further information will require significant investigation that is impossible to complete under these circumstances. I will be happy to do the research as soon as we re -open the office. Kevin Sent from for Windows 10 From: SLrSan Ivtoss Sent: Monday, May 11, 2020 11:21 AM To: I° . Subject; FW: 2266 Desmet Ct. Hi Kevin, To all Utilities, Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet, Please contact me if you have any questions. Thank you for your help, 'act in lb,' 1 vrim:N.4 L'vxf Snit 3uucru: ar,%1 r.•a'•` en;;4i,r4,09, t a,a p4,evu ly • ')J 1 L a ti{4;4• fr. f3wih: 2 Johanna Herzog From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Thursday, May 14, 2020 1:52 PM To: Johanna Herzog Subject: RE: [External] 2266 Desmet Ct. street vacation - Following Up I hanks, 1olr•rr n . We will review It and get back to yoU. I think I hove looked of these apartir ent. lilarrs before From: Johanna Herzog [mailto:jherzog@whipplece.com} Sent: Thursday, May 14, 2020 1:37 PM To: Byus, Dave <Dave.Byus@avistacorp.corn> Cc: Susan Moss <smoss@whipplece.com>; Allyson Andrade <aandrade@whippiece.com> Subject: RE: (External) 2266 Desmet Ct. street vacation - Following Up Hi Dave, I hanks for the dilli have attachrd our ninst recent Site Plan for the (Quarry Apirtnaeni , which air, planned tor north of I)esrnret t I have also attached our rontatilve Street Vacation Application with a vicinity man i'lirase let rite know if there is anything else I can send your kv,ry !hat w()ukl hcIir Than}<_ you, Hanna Herzog r rvi! ! rigifi ,`ring intern r ry1 t, r>4Fi, Rhone 51)9 893 2.6111 Fax 509 92€ to ) / From: Byus, Dave [ Sent: Thursday, May 14, 2020 10:37 AM To: Johanna Herzog < „>; Susan Moss < Subject: FW: [External] 2266 Desmet Ct. street vacation - Following Up Susan/Initanita, f took a look at this as I review all street vac,€rtinns and any land planning actions in this part of Avista's territory. I tie have an issue with the street vacation with the limited information that was supplied. We would normally receive a full application with fult details from the City. In this case all I have is a vicinity map and proposed area of vacation, We have full electrical and gas services installed all the way around Desmet Ct and the proposed area to be vacated. There is no future site plan or indication as to how this service will be rerouted to serve the future parcels. I would need to coordinate with John Luse on a plan to cut and reroute the services based on the future plans. Also, will new utility easements be needed for the new rerouted service? Our current utilities are under easements dedicated in a previous Binding Site Plan, Please elaborate and provide Information regarding the future for the surrounding parcels and what the plan will be to relocated the existing utilities, L Thanks Dave Byus Real Estate Representative AVESTA From: Luse, John Sent: Thursday, May 14, 2020 10:15 AM To: Byus, Dave < it to; rr > Subject: FIN: [External] 2266 Desmet Ct. street vacation - Following Up John M_u,.e Customer Proj t Coordinator From: Johanna Herzog ( ] Sent: Thursday, May 14, 2020 9:58 AM To: // : Luse, John <1 1 ,>; P__. Cc: Allyson Andrade < 9 >; Susan Moss <. Subject: [External] 2266 Desmet Ct. street vacation - Following Up z To all Utilities, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct, past 16609 E Desmet, Spokane Valley, Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions, Thank you for your help. Hanna I Civil Engineering Intern Phone: 509.893,2617 I Fax: 509.926.0227 IWC Whlpplo Consulting Englnoorn w:lw Crin(1 ()eve.teprfeun,'se.'r»ctrn Cold Cary. Sl tCla ryl.auM1 trarlrr: Cr:r1_net^J4n;, LnnJ Ploaran9 nr,al byalw-Crrj?eCA,MCdtrr!`, 714, U'l' rdr.uJ 1"..g7.+. rNr4 , USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail id ai rd l; CC)NFIDL-f'1TIALITY ricE eman nn'sega mot any aIIacltratents toe 1r-courted solely for I110 saddiessrre(s) atnd mfly cnnlain +'onf n itial andlor pirvlInt;od In1urrn:ation and may be Icia:atly prolncted from disclosure. 1f yoo are iiol Ilse inlet it led rc:cgfrenl ul tins rm ssuge of Jo aagenl of Ulu tolee,ldeld recipient or It Inns rncssmte has boen to you ua error, plr3ase unm4dIately atruff try re ty email and Ilion delete lhr; fiiessarje and any attJChrnefil; 3 Johanna Herzog From: Welch, Mark <Mark.Welch@CenturyLink.com> Sent: Wednesday, May 27, 2020 11:20 AM To: Johanna Herzog Subject: RE: RE: 2266 Desmet Ct. street vacation - Following Up Here you go.. L_ E DESMET CT fdlai :lhlalTh Engineer II 904 N. Columbus St., Spokane, WA, 99202 te1: 509,835.4604 cell: 509.703.2705 CenturyL.ink From: Johanna Herzog <jherzog@whipplece.com> Sent: Wednesday, May 27, 2020 11:14 AM To: Welch, Mark <Mark.Welch@CenturyLink.com> Subject: FW: RE: 2266 Desmet Ct, street vacation - Following Up Manna Herzog; From: Johanna Herzog Sent: Friday, May 22, 2020 3:52 PM To: Cc: Susan Moss < >; Allyson Andrade < Subject: RE: 2266 Desmet Ct. street vacation - Following Up Hello Mr, Welch, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. Susan mentioned that she has heard back from you regarding this project, however you did not provide the written response we need to complete our application. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on If your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. 1dr1r;1 Civil Engineering Intern Phone: 509.893.2617 I Fax: 509.926.0227 2 WC E Whipple Con iiIllng Englnoorh '.WCGtrui41C70^.7t04,+,r<:n7MC ti <•_ rn r17.' fO.'+."',•rn+r!l p+tt75• f.. r+k! S.u'•'efnrr, Carr. St, ugrVearono Tr.kffr; Cr;rlux.trierr. l..onQ ISl.op+rn9+IN I' :413Cryk^Ai(1,7eC1uft. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. 3 Johanna Herzog From: Sent: To: Cc: Subject; Hanna, L 00017f0 IN 20,0 Ioc,, ".Itr�iih�i�l consolidatedirrigation@comcast.net Tuesday, May 26, 2020 9:42 AM Johanna Herzog Susan Moss; Allyson Andrade RE: 2266 Desmet Ct. street vacation - Following Up LARGE POND AR A EX STING HOME SERVED BY VERA ,ERV ' BY CID O.O. BASI VERA 5 5. AREA LIN, ACROSS Rfr WAYI CONSOLIDATED IRRIGATION OItTRIO1 19 Phone: 4 5i0(h 924 1855 01 The District has an easement on the 12" main running north and south just west of the Large Pond Area and a 16" watermain on the north side running east and west along the pond area which I don't think affect the Street Vacation. The District has a 12" main on Desmet Court within the existing ROW. Thanks, From: Johanna Herzog <jherzog@whipplece.com> Sent: Friday, May 22, 2020 3:56 PM To: consolidatedirrigation@comcast.net Cc: Susan Moss <smoss@whipplece.com>; Allyson Andrade <aandrade@whipplece.com> Subject: RE: 2266 Desmet Ct. street vacation - Following Up Hello Mr. Sheppard, > I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of 1Uesmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the Issues may be, Can you also send any easement documents, if there Is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. Civil Engineering Intern Phone; 509.893.2617 I Fax: 509.926.0227 <WC E Whipple Consulting Englnoere f_,:flfd t?,,ti'CIC;;"rel: rA! ac': +f n Ilyd k, ,,t•: yr r:,t:,if, 1:,:111 vi:'r. ,t 1. a. . ' c :rldanti T..''.� l�r:q.•ra:r�ufin_ I.nr,� !`L1„n;i);1u.7 r.irufSc,,p til D 2 Johanna Herzoi From: Depner, Colin <CDEPNER@spokanecounty.org> Sent: Thursday, May 28, 2020 1:51 PM To: Johanna Herzog Cc: Susan Moss Subject: RE: 2266 Desmet Ct. Street Vacation Attachments: Desmet Ct pub swr.pdf Hi Hanna - Please see attached. Environmental Services will require an easement for all the public sewer pipes within the vacation. Because of the depth of the existing public sewer, the minimum easement width will be 30', and all easements should be centered on the pipe. Regarding the attached pdf, the stub connected to the north MH invert Is private, but all other pipes connected to that MH are public, Easements should extend 10' beyond the ends of the pipes. Also, I don't think the City of Spokane Valley has officially requested comments from Environmental Services yet on this project, Typically we comment directly to the planners or permit techs within a planning jurisdiction, so it's important that the City of Spokane Valley still routes this project through the regular communication channels if they haven't yet. We're quite busy and backed up in our office, so it's possible they've already routed it but we Just haven't issued our official comments yet. Anyhow contact me again if you need additional information. Colin Depner Spokane County Environmental Services 1026 W. Broadway Ave. 4'h Floor Spokane, WA 99260 509-477-7282 Video Inspection Requests Electronic Plan Submittal From: Johanna Herzog [mailto:jherzog@whipplece.com] Sent: Thursday, May 28, 2020 10:51 AM To: Depner, Colin <CDEPNER@spokanecounty.org> Cc: Susan Moss <smoss@whipplece.com> Subject: FW: 2266 Desmet Ct. Street Vacation Hello Mr, Depner, Whipple is working on a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if the county has an issue with the vacation or not and what the issues may be. Can you also send any casement documents, if there is any sewer easement within 100' of the vacations. This correspondence will be in a submittal to the City of Spokane Valley with our street vacation packet. Please contact me if you have any questions. If you need more information to complete the comments, please let me know. Thank you for your help. I;di sod I-Inrr°°.�,i Civil Engineering Intern Phone: 509.893.2617 I Fax: 509.926.0227 '►WCE Whlpplo Conuulting Engtriciorc, 71,I1`_ E. °�.,c'i•r��ii 10110 Prcu lnth,E0,." As C: L.;,.Gli!?r. 71 gown Piot A Rod • Vpok ms. Voll WA Min WAJdipiete,cem IliE D 2 Johanna Herzog From: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Sent: Thursday, May 14, 2020 11:28 AM To; Johanna Herzog Subject: RE: 2266 Desmet Ct. street vacation - Following Up We have not concerns or easements. All specific fire department requirements shall he conditioned on future commercial permits. !ir Traci Harvey Fire Protection Engineer Spokane Valley I'irc Depart meni 2120 N. Wilbur Spokane Valley, WA 99206 509-892-41 83 Work 509.892.4144 Fax From: Andersen, Patricia On Behalf Of Inspections Sent: Thursday, May 14, 2020 10:25 AM To: Harvey, Traci <HarveyT@SpokaneValleyFire.com> Subject: FW: 2266 Desmet Ct. street vacation - Following Up From: Johanna Herzog („ tak�7. lap' j Sent; Thursday, May 14, 2020 9:58 AM _.� 1 t>; Inspections <..;., Hvan Richardson(,. , Consolidated Irrigation District #19 r tt Q u t ri>; Cc: Allyson Andrade < ; >; Susan Moss < Subject: 2266 Desmet Ct. street vacation - Following Up To all Utilities, I am following up on a request sent by Susan Moss last Friday in regards to correspondence on the Desmet Ct. Street Vacation. If you could please send comments or easement documents regarding this Street Vacation sometime today, that would be greatly appreciated. Reference a Street Vacation at the end of E Desmet Ct. past 16609 E Desmet, Spokane Valley. Attached are pdfs showing the vicinity map and an exhibit of a proposed street vacation we are proposing for a project located at the end of Desmet Ct. in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be, Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Hanna Herzog Civil Engineering Intern r i rr rr Phone: 509.893.2617 1 Fax: 509.926.0227 WC E Whipple Consulting Engineers SJCf -sr Oorc ,+irk+nr • -c•_ art OW 10vrv',Tn j ;uti n; : Liuuf SO4:'cS1r19. C-r; SCFu41111Nart44 rta,rr,c (;.; nccr4,rr;, LAW/ /ILP/rpH ! A011l54,49c .+a<f•per LP �• 2 May 11, 2020 WO No, 2018-2266 City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 1WCE Whipple Consultrnrl Eng lnec.rs, Inc. RE: Desmet Court Street Vacation Narrative Project RECEIVED MAY 2 8 2020 COSv PERMIT CENTER sus # ==1 REV. # To Whom it May Concern; This letter will serve as the narrative for the Street Vacation of E. Desmet Court approximately 220 feet in length. Our discussion of the vacation can be seen below in bold. The street vacation of E Desmet Ct is 12,847.4 sf, see the roadway vacation exhibit for more details. The vacation is clue to the design of the remaining undeveloped lots and how best to develop said lots. These lots will be aggregated for a future multi- family project. This new design would require less Right of Way access all lots moving the cul de sac and all affected utilities by the street vacation will be relocated to fit the design. 1. How does a change of use or vacation of the street/alley improve service to the public? This street vacation will shorten Desmet Ct. by approximately 220 feet with a new cul de sac for the public following all city requirements. The lots will use this additional land which was vacated to its full potential. 2. Is the street or alley no longer required for public use or public access? Explain. The subject street vacation 1s no longer required for public use due to new design of the adjacent lots. The public will still have use of a new cul de sac. 3. Would substitution ofa new and/or different public right-of-way better serve the public? Explain. See previous answers. 4. How will use or need for this right-of-way be affected by future conditions? Explain. The vacated right of way will be used in the development for a better layout of the lots being developed. All utilities which are within the street vacation may be 21 South Pines Rd. • Spokane Valley, WA D4i'?O6 PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhlppleCE.cam Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements relocated if there is any conflict with the new cul de sac. Those easements which may extend into the vacated street will be updated per city requirements. 5. Will easements be retained for all underground and overhead utilities? The requested vacation is located in the service area of what utility companies. (specify)? There may be some easements which can remain, but most easements will need to he relocated due to their placement around the existing cul de sac. 6. Does the right-of-way include stonnwater drainage facilities (specify)? The vacated right of way does have stormwater drainage facilities which will be need to be revised for the new cul de sac and onsite changes. Should you have any further questions regarding the project or this narrative, please call our office at (509)893-2617. Sincerely, Susan M. Moss, A.S.L.A. Whipple Consulting Engineers 432 10713E EAS )iE 1JT Orla Bacon. to John A. Woek. HIS TNAENTURE, Made this eeventhrday of June A.P. 1904 between Or1a Bacon an unmarried man party ,of the first part and John A. Week, party of the ssa- 'ond part, WITNESSETK, WHEREAS, the said party of the seoond part le the ownor of lot two (2) of section ton (10) in Filed pot. 14, 1904. _todmship twonty-fivo (25)•north, of range forty -;'our 9:58 Ai M: (44) Eaet of the Willametto Mekidi?n,,adoin4ng tho Spokane River, and is doairoUo of bonttruoting a dam Req. John A, Wook. or demo aotoua the said Spokane river, on tho said , lot two (2) bf„auoh oils° or °is&° or ditnenoiono, and Z. Stewart. Co. Auditor: . at auoh point upon said lot two (2), as.tho °aid B. W. Butler, beputy. ' party. of tho oeoond part',' hie heir& and assigns, Shall detirmine. R000rdod Cot. 26;,.1904, That tho naid,party of the first part, for and By R. 0. petorson, I)gputy. in oonoideration of thb sum of Three hundrod dollars ($300;00/100) to him in hand paid, by tho bald party of Mail Rea. 1914 let Avenue. the oeoond chart, the reoeipt whereof le heroby oak-- e1 naw•ledget; does horoby.grant', baigair} sell and convey COOW00&$ 0004$040 • unto the amid party of-theeoabnd part, hid'heirn and a°aigne,'forovor, ab appurtenant to lot two (2) of emotion ton (10.) `'in township t*entyfive,(2 ), north of range forty-four (44) taut of the Willamotte Moridlad, above ,tantiondd find d9epribed, the right and privilege to flow and oover'with wt or by,q,oana or auoh 'dam or' dame, ae,hereinbefore mentioned and deearibed, so far as' it maybe hoe-adeary in auoh uep of aaid'dam or dhma, as -to tho'aaid)porty.'of the e000nd part „ his heir° and aseignb, ehallreeem expedient, tho following desoribdd lane and premises to -wit`,.'" ' Let two (2) or Seatlon`thirtoon (13) in township twenty}fiva (25) north of range fOrty four (44),.Eabt' OP the W'i17 Otto,meridian' and the right.and privilege oP'Pree'and'unintorrupte{t auoono to and from the banks .of oaid,6pbknno Rivor,.ao tho river .now rune, in, through, aver apd'aorboo.the lands e,nd premioeo, above d000rib0, and'tho 'right and privilege of'uo}ng said .banks, as shall bo considered neoeAeary-by-said party of the a000nd part, his heirs and eas- igno,, to the -full oNeyment,of ail the rights and„privllegos hereby granted. T01 HAVELAND To HOLD THE' SAME, •togethep with' all tho' hereditanienta' and appur- tenanoen'-thereunta'b,e1onging, or in oxywine apperiaining, to the said_pdrty of the neoond part, hit; lieire anh aeaigpa forevor. And'tlie,'or}id Oria Tiaoan,,party of the first part, for his heirs, oxeoutora 4nd amminietzatoro, dooe oovenant with the DMA party of the seoond part, hia heirs and aeeign;e,.that ho is drell seized in feo of the righta,an_d pri01loges,,,aroreeaid, and has fioo.d,i•ight to do11'.and Convoy the 'same in mannor"and f ot;m aforesaid', and that the dame are free, from all enaum-- bra,noee. • • • ' And the above bargained and granted rights and privilege° in the'qiet and pooaoablo ponoeneion of the daid party of the sead]id 'part; hia heire'1nd'rionigne, 'against all persona' lawfully olaiming, or to kola„ tho whole or any part'thoroof, tho maid party of: the first part wi-il warrant and defend. And that oaoh,and ovary of'the covenants kiorein eat forth shall run with the lands and premises herein desoribod ' IN TESTIMONY WHEREOF, the said party or the first part`hae hereunto set hia hand and seal tho day and year first abovo written.' • Signed,. sealed, and..delivered brim Bacon. (SEAT,) in the presence of: Roeae H. Voorhees. Wosk. STATE OF WASNINOT0N', ) bounty of Spokane..) SS - I, Frod.0. Pugh';.a Notary Publio in and for said county 'and state*hereby oortify that on tktio 7th day of Juno A.D. 1904, personally 'ap)ioarod bof.dr9 mo Orin Bacon tome known to be the individual deaoribod in and who' exeoutod the with -- in inetruinent','and acknowledged that he'aigned and sealed the same as hie free and voluntary_oot and deed, for the ueeo and purp000a therein mentioned.' ' WITNESS my hand and offioial ooal tho day and year in thin oorti1ioato first above written. o.aonou00000aaooairpoa IProd C. .- prod C. Pugh. • hrppr pupa S Notary Public, residing at Spokano, Wash. SO 3e of Wbrh rstkin, amtwxiis(aa Bxgctras e. gay, 30, 1908. naae00.o6onoanamaa000ean bp���� gg�� 1�ELc�A�,aa ��11��l8���yy��l� dp1p1 A�y�1681� 5Ap t�1{n�QQ��Ee(�4y��yyp rr��e �y A6B8 L�.A6. AL � .. A1l,,��!l�,y}.,A�,��Sy l��,lk/n�h pp8� I6A�yA�y1��6 A�ytln�y1��yAa.,6y6y 4'K17tr'$$$0Py4T9$04$0000$00 VY`J8800,$$$$$$$0$$$$$OSS$0$$$$�P'���'i'�4ff Wi V$14$00000$00 1FP • 1 .. r • RCCORDTNG REQUESTED BY AND WHEN RECORDED RETURN TO: DREW M. BODKER, P.S. ATTORNEY AT LAW 2607 S. SOUTHEAST BLVI). S1;1T1: A201 SPOKANE, WASHINGTON 99223 s���a 5391422 W ordins it i.00 MPs f 8 pr'ON TITLE INSURANCE COi1PANY Spokans F 5pvkp� County qishlnptan DocumeiiT1. Storm Water Drainage Casement Grantor: Grantee: Abbreviated Legal: Tax Parcel Nos. 1-Ianson Industries, Inc., a Washington corporation Pacific Cataract and Laser institute, Inc., P.C., a Washington professional corporation Providence Health & Services - Washington, a Washington non- profit corporation, dbn Providence Health Care Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation Lots 6, 10, 11, 12, 13, 14, 15 and 16, Hanson Center East Addition,l3SP-02-09 (fully described on attached Exhibit "A") 45131.0506; .0510; .0511 .0512; .0513; .0514; .0515 .0516 & .0521 STORM WATER DRAINAGE EASEMENT RECITALS: WHEREAS, Hanson Industries, Inc., a Washington corporation, ("Hanson"), is the owner of Lots 6, 10 and Tract A of Hanson Center East Addition, as legally described in Exhibit "A" attached hereto ('"Hanson Property"), and Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation ("Pacific"), is the owner of Lot 11 of Manson Center East Addition, as legally described in Exhibit "A" attached hereto ("Pacific Property"), which Pacific has acquired from Hanson, and SEWER EASEMENT -1 R. E. Excise Tait Exempt Date �t 2015 Spokane County Tt•eps 13y c 1,K 6391422 Page 2 of 5 04/24/2015 11:37:48 AM WHEREAS, Hanson has previously sold Lots 12, 13, 14, 15 and 16 of Hanson Center East to Providence Health & Services - Washington, a Washington non-profit corporation dba Providence Health Care ("Providence"), which real property is also described on Exhibit "A" attached hereto ("Providence Property"), and WI-TEREAS, Providence has previously constructed a storm water drainage pipeline that lies partially within the Hanson Property and the Pacific Property, and said pipeline transports stonn water drainage from the Providence Property to a storm water drainage facility located in Tract A, and the parties desire to create an easement for that portion of the storm water drainage pipeline that travels across the Hanson Property and the Pacific Property, and to further grant an easement which will give all parties the right to drain the storm water from their respective properties into the drainage facility on Tract A, NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived by the parties hereto, no monetary consideration, the parties agree as follows: 1. Hanson hereby grants and conveys to Providence and Pacific, and Pacific likewise grants and conveys to Providence, for the benefit of the Providence Property and. the Pacific Property, a ten (10') foot wide stonri water drainage pipeline easement (the "Easement") on, over and under that portion of the Hanson Property and the Pacific Property upon which the storm water pipeline has been constructed, being five (5') feet on either side of the center line of said pipeline. Hanson further grants to Providence and to Pacific an easement to drain the storm water from the Providence and Pacific properties into the drainage easement area on Tract A that is shown on the Final Plat of Hanson Center East Addition Binding Site Plan 13SP-02-09. 2. The Easements granted herein are for installing, constructing, operating, maintaining, protecting, repairing and replacing said storm water drainage pipeline, with ail connections and appurtenances thereto and for storm water drainage into the drainage easement on Tract A. Ranson and Pacific shall have the right to tap into and use said storm water drainage pipeline to transport storm water from the Hanson Property and the Pacific Properly to Tract A, and they shall retain the right to use and occupy the portions of their respective properties which are subject to this Easement, but they shall not construct any permanent building structures on the Easement, nor otherwise hinder or interfere with the storm water drainage pipeline. 3. Providence and Pacific shall indemnify, defend, and hold Hanson harmless from any loss, claim, or other liability of any nature, including attorney's fees and costs, that may result from their use of that part of the Easement the lies in the Hanson Property, and Providence shall do likewise for Pacific for that portion of the Easement that lies on the Pacific Property. Pacific and Providence agree to restore the Easement area to substantially its natural state following any future reconstruction, installation or repair of the storm water drainage pipeline facilities. SEWER EASEMENT -2 6391422 Page 3 of 5 04/24/2015 11:37:48 AM 4. All of the promises, covenants, temis and conditions of' this Easement shall survive any conveyance of the properties owned by the parties hereto, and this Easement shall extend to and hind the successors, heirs and assigns of the parties hereto. This Easement shall be a perpetual and appurtenant casement that shall run with the lands described on Exhibit "A". IN WITNESS WI-IEREOF, the undersigned have caused this instrument to be executed on this 4' ay of of , 2015. Providence Health & Services -. Washington, a Washington non-profit corporation dba Providence Health Care Hanson Industries, Inc., a Washington corporation By By K A14WU LANAI Robert J. Boy1 (name) Its: President Its: reAro %L SEWER EASEMENT -3 Pacific Cataract and Laser Institute, Inc., P.C., a Washington professional corporation By Debbie Eldredge its: Executive VP/COO 6391422 Page 4 of 5 04/24/2015 11:37:48 AM STATE 01: WASI IINGTON ) ss, County of Spokane On this day of rL 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert J. Boyle to me known to be the President of Hanson Industries, Inc., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official scat hereto affixed the day T�:Oui(EF State of Washington I Notary --*a+- Public t!Y COMMISSION Er,PEES 5.1 r•2O I 0 STATE OF WASHINGTON County of Le ) ) ss. ear first above written. r// i4 ' Notary Pu•lic in and for the State of Washington, residing at Spokane My Appointment Expires: 5-_ IQ Vd On this a day of r i t , 2015, before me, the undersigned, a Notary Public in ijnd for the State of Washington, duly commissioned and sworn, personally appeared Debbie Eldredge to me known to be the Executive VP/COO of Pacific Cataract and Laser Institute, Inc., P.C., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. SEWER EASEMENT -4 R DARCEA R. Notary Public in and for the tate of N aPF• Washington, residing at Wi n Logic oW A My Appointment Expires: ofoj44.2 019 6391422 Page 5 of 5 04/24/2015 11:37:48 AM EXHI131T "A" Providence Property Lots 12, 13, 14, 1 S and 16, Hanson Center East Addition Binding She Plan BSP-02-09, according to the plat thereof recorded in Volume 3 of Binding Site Plans, Pages 20, 21 and 22, records of Spokane County, Washington. Situate in the City of Spokane Valley, County of Spokane, State of Washington. Hanson Property, Lots 6, 10, and Tract A, I-Ianson Center Last Addition Binding Site Plan I3SP-02-09, according to the plat thereof recorded in Voluine 3 of Binding Site Plans, Pages 20, 21 and 22, records of Spokane County, Washington, EXCEPT a portion of said Lot 10, more particularly described as follows; BEGINNING at the Southeasterly angle point of said Lot 10, said point also being on a non - tangent curve concave to the Northeast and having a radius of 2750.44 feat and a chord bearing and distance of N85°41'52"W, 13.51 feet; thence Northwesterly along veld curve through a central angle of 00°10'53" an arc distance of 13.51 feel; thence Ni30°00TVE a distance of 23.92 feet; thence N69°42'25"E n distance of 13.38 feet; thence Soo°12'33"E a distance of 25.00 feet to the MINT OF BEGINNING, Situate in the City of Spokane Valley, County of Spokane, State of Washington. Pacific Property All of Lot 11 of the Final Plat of Hanson Center East Addition Binding Site Plan BSP-02- 09, Recorded in Book 3 of Binding Site piens, Pages 20 thru 22, located in the Northeast Quarter of Section 13, Township 25 North, Range 44 East, W.M., City of Spokane Valley, Spokane County, Washington.. EXCEPT a portion of said Lot 11, more partitainriy described au follows; BEGINNING at the Southeast comer of said Lot 11, said point also being on a non -tangent curve concave to the Northeast and having a radius of 2750.44 feet end a chord boating and distance of N83°3819"W, 184.13 feet, thence Northweaterty along said curve through a central angle of 03°60'11' an arc distance of 184.18 feat; thence N00°00'00'E a distance of 2.58 feet; thence N89°42'25'E a distance of 163.00 feet to a point on the Easterly Line of said Lot 11; thence S00°00'0O"E a distance of 23.92 feet to the POINT OF BEGINNING, SEWER EASEMENT -5 043 666T/SO/8O CtE, T0066 28- O8 l Filed for Record at Request of and copy returned to: LUKTNS & ANNIS, P.S. 1600 Washington Trust Financial Center 717 W Sprague Ave. Spokane, WA 99201-0466 Attention: JAMES S. BLACK Project 116iV-2L20-4Z2,2/ RECEIVED tfit MAY 2 8 2020 COSY PERMIT CENTER SUB # REV. # 1 NI INI gP0881%1 19 �04:46P sit no sookane Co. IA STATUTORY WARRANTY DEED Abbreviated Legal Description: Ptn. Of Tract 133, Vera and ptn of S % of NE V4 of 13-25-44 Parcel Nos.: 45131.0214, 45131.9029, and 45131,0210 The GRANTOR, J. JAMAW L.P., a Washington limited partnership who took title as J. JAMAW PARTNERSHIP, a Washington general partnership, in consideration of the terns of an 1.R.C. 1031 exchange transaction and other valuable consideration, in hand paid, conveys and warrants to HANSON INDUSTRIES, INC., a Washington corporation, as GRANTEE, all of Grantor's 48.4% undivided interest in the real estate situate in the County of Spokane, state of Washington, which is legally described on the attached Exhibit "A". SUBJECT TO second half 1999 real estate taxes and aquifer assessment, liens not yet payable. SUBJECT TO Agreement between Vera Electric Water Company and D.K. McDonald, et al., as recorded April 25, 1908, at Recording No. 2000528. SUBJECT TO assessments or charges levied by Vera Irrigation District No. 15. SUBJECT TO relinquishment of easements for access, light, view and air, and for ingress, egress and regress to, from and between the land and the highway or highways to be constructed on land conveyed by deed to the State of Washington, recorded on May 13, 1974, at Recording No. 7405130136. mmA4ie'I-Y99.DOC. 14/ 9 1 II IIHIIIIIIIII111IIIIIIAl191V ��,8,9:1'1.4m, TRAWSW11TION, IMF lW3 C11 VI sl I Oct kokue Co. wA SUBJECT TO reservations, of mineral rights, etc., contained in Quit Claim Deed recorded on December 29, 1989, at Recording No. 8912290297. DATED the C • day of , 1999. J. JAMAW L.P., a Washington limited partnership By: ALVIN J. WOLFF, JR., Managing General Partner STATE OF WASHINGTON ) ss. County of Spokane ) On this trVi day of , 1999, before me personally appeared ALVIN J. WOLFF, JR., to me known t be the Managing General Partner of J. JAMAW L.P., the partnership that executed the for' going instrument, and acknowledged the said instrument to be the free and voluntary act of sal,. partnership, for the uses and purposes ' nerein mentioned, and on oath stated that he was au, iorized to execute the said instrument on behalf of said partnership. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written. (S�Fnature) iTiWYr vim' 1 t l 0 14 ag 4 PUBLIC(Print Name) ti'9�'ll �� NOTARY PUBLIC, for the tate of '•••.•..•••• Washington, residing at v O�/N1�1 0„ My appointment expires 3 - l - ,)000 )1(d,ce4e-y *— 2 MBA0113I.un.1n HU 11 IIII lll THAN L TTOH. ITIf TH, rn ID .EXHIBIT "A" PARCEL 1: Jl1I N POO .Ib 5nakane Co. NA Tract 133 of VERA, as per plat thereof recorded in Volume "0" of Plats, page 30; EXCEPT the North 150 feet of the East 580 feet; EXCEPT any portion. conveyed for highway purposes; AND EXCEPT any portion of railroad right of way lying within said Tract 133; Situate in the County of Spokane, State of Washington. PARCEL 2 All those portionn of the following described Tracts "A" and "B" lying Northerly and Westerly of the following described line: BEGINNING at a point opposite Highway Engineers Station (H.E.S,) 440+00 on the centerline survey of SR 90 (PSH 2), Spokane: to Greenacres, and 100 feet Northeasterly therefrom; thence Southeasterly parallel with said centerline to a point opposite H.E.S. 447+00; thence Northeasterly to a point opposite HB 447+00 and 115 feet Northeasterly therefrom; thence Southeasterly parallel with said centerline to intersect the East line of Tract "A" produced South; thence Northerly along the East line of Tract "A" and its Southerly production to the Northeast corner of said Tract "A" and the end of this line description; TRACT "A": That portion of the South half of the Northeast Quarter of Section 13, Township 25 North, Range 44 E.W.M., described as fol lowe : BEGINNING at a point in the North line of the County Road, 20 feet North and 3668.78 feet East of the Went Quarter corner of said. Section; thence North 0°21' East 1310.47 feet to the North line of said South half of the Northeast Quarter; thence East 952.2 feet; thence South 0°23' West 621.75 feet, more or less, tole. point 52 feet North of the North line of irrigation canal right of way; thence West parallel with said canal right of wa./ 848.2 feet; thence South 1°05' West 690.9 feet, more or less, to the North line of County Road; thence West, along said?County Road 104.29 feet, more or less, to the point of beginning; TRIN NATTDN. TfTIF rn Cl TXIuIBIT r A" (con't) TRACT ngu. i IIII 1111 II I I II 49l051 999 �04:46P $11 I1Tf Snakanp Ca. lld A strip of land 52 feet wide, lying along and parallel to the North line of the Spokane Valley Irrigation Company right of way, running from the West line of Blocks 132 and 133 of VERA, as per plat thereof recorded in Volume "O" of Plats, page 30, and extending West 848.2 feet; Situate in the County of Spokane, State of Washington PARCEL 3: That portion of Abandoned former Great Northern Railway right of way 50 feet in width within the Southeast Quarter of the Northeast Quarter in Section 13, Township 25 North, Range 44 E.W.IL , extending in a Southwesterly direction form a line drawn parallel with and 100 feet West from the center line of Flora Road and to the North right of way line of P.S.H. No.'2; Situate in the County of Spokane, State of Washington J3 666T/SO/80 8*6FTO066 8T-s8S'2TS Piled for Record at Request of and copy returned to: LUKINS & ANNIS, P.S. 1600 Washington Trust Financial Center 717 W Sprague Ave. Spokane, WA 99201.0466 Attention: JAMES S. BLACK HhI iIH IIII RIIII III IIII IN II 010611� �04 46P Si) tin tnnlaro CO. to STATUTORY WARRANTY DEED Abbreviated Legal Description: Ptn. Of Tract 133, Vera and ptn of S'' A of NE 'A, of 13.25-44 Parcel Nos.: 45131.0214, 45131.9029, and 45131,0210 The GRANTORS, HAROLD L. INMAN and JEFF A. MORRIS, Co -Trustees of the FLOWSON TRUST, in consideration of the terms of an I,R.C. 1031 exchange transaction and other valuable consideration, in hand paid, conveys and warrants to HANSON INDUSTRIES, INC., a Washington corporation, as GRANTEE, all of Grantor's 51.6 % undivided interest in the real estate situate in the County of Spokane, state of Washington, which is legally described on the attached Exhibit "A". SUBJECT TO second half 1999 real estate taxes and aquifer assessment, liens not yet payable. SUBJECT TO Agreement between Vera Electric Water Company and D.K. McDonald, et al., as recorded April 25, 1908, at Recording No. 2000528. SUBJECT TO assessments tar charges levied by Vera Irrigation District No. 15, SUBJECT Tt) relinquishment of easements for access, light, view and air, and for ingress, egress and regress to, from and between the land and the highway or highways to be constructed on land conveyed by deed to the State of Washington, recorded on May 13, 1974, at Recording No. 7405130136. M1,AO7EI- flDOC. •/ 1 IIIIIIIIIIINIIIIIIAIWIIIflI 8,9:114=-0, TRANSOM. 11TIF NS CO WO S ? Ob Spokane C. ltA SUBJECT TO reservations, of mineral rights, etc., con ained in Quit Claim Deed recorded on December�229, 1989, at Recording No. 8912290297. DATED the 7 Aday of 1999. FLOWSON TRUST By: .1` p HAROLD L. INMAN, Co -Trustee By: JE KRIS, Co -Tres ee STATE OF WASHINGTON County of Spokane On this / - day of 1999 before me personally appeared HAROLD L. INMAN, as Co-Tru of ..,5a ,,Ad acknowledged.that he signed the same as Co -Trustee of the Flowson Trust, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrurnent on behalf of said Trust. GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first above written, LA1-4 )16a6r7CL# (Signature) 730 Y7Y1 (hint Name) NOTARY PUBLIC, for th� rState of Washington, residing at Vj My appointment expires . —.1Q —mop 2 AWAO781J50. V10199 J- . lNN(a cy STATE OF WASHINGTON : SS. County of Spokane A II�IIII Ill c7oG� 7 44 6 p st9 m RDA Da (In IA On this day of aut, 1999, before me personally appeared JEFF A. MORRIS, as Co -Trustee of J. AMAW L.P., and acknowledged that he signed the same as Co -Trustee of the Flowson Trust, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of said Trust. GIVEN UNDER MY HANf AND OFFICIAL SEAL the day and yeaiy in this certificate first above written. HMO? 1•JS0 DOC- 4/499 gnature Aovng DEDMLI) J. 1-044NEy (pant Name) NOTARY PUBLIC, for the State of Washington, residing at PO r FALLS /b/ M2 My appointment expires Aid f /43 11111 II 1111IIINI II 1RINSIUTIf 111 F IN CA WTI EXHIBIT "A PARCEI, 1: 11 Ill) �Il 08f051 999 °045 :46P {�J.m Snakonp 't Tract 133 of VERA, as per plat thereof recorded in Volume "0" of Plats, page 30; EXCEPT the North 150 feet of the East 580 feet; EXCEPT any portion conveyed for highway purposes; AND EXCEPT any portion of railroad right of way lying within said Tract 133; Situate in the County of Spokane, State of Washington. PARCEL 2: All those portions of the following described Tracts "A" and "B" lying Northerly and Westerly of the following described line: BEGINNING at a point opposite Highway Engineers Station (I-I.E.S.) 440+00 on the centerline survey of SR 90 (PSH 2), Spokane to Greenacres, and 100 feet Northeasterly therefrom; thence Southeasterly parallel with said centerline to a point opposite H.E.S. 447+00; thence Northeasterly to a point opposite HB 447+00 and 115 feet Northeasterly therefrom; thence Southeasterly parallel with said centerline to intersect the East line of Tract "A" produced South; thence Northerly along the East line of Tract "A" and its Southerly production to the Northeast corner of said Tract "A" and the end of this line iescription; TRACT "A": That portion of the South half of the Northeast Quarter of Section 13, Township 25 North, Range 44 E.W.M., described as follows: BEGINNING at a point in the North line of the County Road, 20 feet North and 3668.78 feet East of the West Quarter corner of said Section; thence North 0°21' East 1310.47 feet to the North :line of said South half of the Northeast Quarter; thence East 952.2 feet; thence South 0°23' West 621.75 feet, more or less, to a point 52 feet Worth of the North line of irrigation canal right of way; thence West parallel with said canal right of way 848.2 feet; thence South 1°05' West 690.9 feet, more or less, to the North line of County Road; thence West, along said County Road 104.29 feet, more or less, to the point of beginning; 11111111 IIIIIIP IIIIIIII� ll RRKSHATION. TTTIF kS OD ID DER/BIT "A" (conf t) TRACT "B": I1I1IIUIII!I 1 f 1 III 86 a2� 7r999 04c46P SI2.00 Saokane Co. 1C. A strip of land 52 feet wide, lying along and parallel to the North line of the Spokane Valley Irrigation Company right of way, running from the West line of Blocks 132 and 133 of VERA, as per plat thereof recorded in Volume "O" of Plats, page 30, and extending West 848.2 feet; Situate in the County of Spokane, State of Washington PARCEL, 3: That portion of Abandoned former Great Northern Railway right of way 5C feet in width within the Southeast Quarter of the Northeast Quarter in Section 13, Township 25 North, Range '.4 E.W.M., extending in a Southwesterly direction form a line drawn parallel with and 100 feet West from the center line of Flora Road and to the North right of way line of P.S.H. No. 2; Situate in the County of Spokane, State of Washington Order No. S P 19574 Guarantee No. SGW 08003282 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, 4* OLD REPUBLIC NATIONAL A * TITLE INSURANCE COMPANY a corporation, of Minneapotis, Minnesota herein cal ed the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated In Schedule A, which the Assured shall sustain by reason of any Incorrectness In the assurances set forth In Schedule A. Issued through the office ot: SPOKANE COUNTY TITLE COMPANY NORTHBANK BUILDING. SUITE 100 1010 N, NORMANDIE STREET SPOKANE, WASHINGTON 99201 TELEPHONE (500) 328-2626 Countersigned: 7110i A g Authorized Officer or Agent OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 100 second Avenue South, Minneapolis, Minnesota 55101 (612) 371-1111 By Allosi Plat Certificate - Sub Guarantee I Plant Information Guarantee 1 Chaln of Title Guarantee Promfonl Secrelay Spokane Co my Title Company 1010 N. Normandie Street, #203 Spokane, WA 99201 Phone: 509-326-2626 Fax: 509-324-1375 SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Dale of Policy Amount of Insurance Premium SP19574 SGW 08003282 February 15, 2019 $1,000.00 $300.00 Tax Ref. No.: at 8:00 AM $26.40 E DESMET CT Total PROPERTIES $326.40 NAME OF ASSURED: WHIPPLE CONSULTING ENGINEERS INC THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, CONSTRUCTIVE NOTICE OF MATTERS RELATIVE TO THE DESCRIPTION OF WHICH IS FULLY SET FORTH IN UNDER THE RECORDING LAWS, IMPART FOLLOWING DESCRIBED REAL PROPERTY: SEE ATTACHED EXHIBIT "A" TITLE TO SAID REAL PROPERTY IS VESTED IN: HANSON INDUSTRIES, INC., A WASHINGTON CORPORATION SUBJECT TO THE MATTERS SHOWN BELOW UNDER EXCEPTIONS, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY. EXCEPTIONS: 1. GENERAL TAXES AND ASSESSMENTS, IF ANY, NO SEARCH HAVING BEEN MADE THEREOF; ALSO, TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN THE UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3. TITLE TO ANY PROPERTY BEYOND THE LINES OF THE REAL PROPERTY EXPRESSLY DESCRIBED HEREIN, OR TITLE TO STREETS, ROADS, AVENUES, LANES, WAYS OR WATERWAYS ON WHICH SUCH REAL PROPERTY ABUTS, OR THE RIGHT TO MAINTAIN THEREIN VAULTS, TUNNELS, RAMPS, OR ANY OTHER STRUCTURE OR IMPROVEMENT, OR ANY RIGHTS OR EASEMENTS THEREIN UNLESS SUCH PROPERTY, RIGHTS OR EASEMENTS ARE EXPRESSLY AND SPECIFICALLY SET FORTH IN SAID DESCRIPTION. Subdivision Guarantoo Policy Number: SGW 08003282 ADDITIONAL EXCEPTIONS: 4. GENERAL REAL ESIATE TAXES (INCLUDING AMOUNTS FOR AQUIFER, STORM WATER, IRRIGATION, DRAINAGE, WATER, AND FLOOD CONTROL, IF ANY), FOR THE YEAR 2019. THE FIRST HALF THEREOF MUST I3E PAID ON OR BEFORE April 30, 2019, TO AVOID INTEREST AND PENALTIES; FULL YEAR AMOUNT: $4,633.72 FIRST HALF AMOUNT: $2,316.86 TAX ACCOUNT NO.: 45131.0501 AFFECTS: LOT 1 FULL YEAR AMOUNT: $5,763,89 FIRST HALF AMOUNT: $2,881.94 TAX ACCOUNT NO,: 46131.0502 AFFECTS' LOT 2 FULL YEAR AMOUNT: $7,353.36 FIRST HALF AMOUNT: $3,676.68 TAX ACCOUNT NO.: 45131.0503 AFFECTS: LOT 3 FULL YEAR AMOUNT: $6,434.92 FIRST HALF AMOUNT: $3,217.46 TAX ACCOUNT NO.: 45131,0504 AFFECTS: LOT 4 FULL YEAR AMOUNT: $5,975,75 FIRST HALF AMOUNT: $2,987.87 TAX ACCOUNT NO.: 45131.0505 AFFECTS: LOT 5 FULL YEAR AMOUNT: $5,128.09 FIRST HALF AMOUNT: $2,564.04 TAX ACCOUNT NO.: 45131.0506 AFFECTS: LOT 6 FULL YEAR AMOUNT: $3,125.13 FIRST HALF AMOUNT: $1,562.56 TAX ACCOUNT NO.: 45131.0521 AFFECTS: TRACT A 5. LIABILITY TO ASSESSMENTS, IF ANY, BY THE CITY OF SPOKANE VALLEY. FURTHER INFORMATION CAN BE OBTAINED BY CALLING (509) 921-1000. 6. LIABILITY TO ASSESSMENTS, IF ANY, BY VERA WATER AND POWER. FURTHER INFORMATION CAN BE OBTAINED BY CALLING (509) 924-3800. 7. UNPAID CHARGES AND ASSESSMENTS, IF ANY, LEVIED BY HANSON CENTER EAST PROPERTY OWNERS' ASSOCIATION. 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JOHN A. WEEK PURPOSE: THE RIGHT AND PRIVILEGE TO FLOW AND COVER WITH WATER RECORDED: October 20, 1904 AUDITOR'S FILE NO.: 107138 AREA AFFECTED: LOTS 1 & 2 AND OTHER PROPERTY Subdivision Guarantee Poky Number: SGW 08003282 9. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR RESERVATIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; RECORDED: May 09, 2001 AUDITOR'S FILE NO.: 4584983 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HANSON INDUSTRIES, INC., A WASHINGTON CORPORATION AND SPOKANE COUNTY REGARDING: DEVELOPER REIMBURSEMENT RECORDED: July 17, 2002 AUDITOR'S FILE NO.: 4750178 11. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR RESERVATIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW; RECORDED: May 04, 2011 AUDITOR'S FILE NO.: 5997418 12. TERMS, COVENANTS AND PROVISIONS OF THAT CERTAIN EASEMENT, AS CREATED BY INSTRUMENT; RECORDED: April 24, 2015 AUDITOR'S FILE NO.: 6391422 IN FAVOR OF: PROVIDENCE HEALTH & SERVICES-WASHINGTON, A WASHINGTON NON-PROFIT CORPORATION, DBA PROVIDENCE HEALTH CARE PACIFIC CATARACT AND LASER INSTITUTE, INC., P.C., A WASHINGTON PROFESSIONAL CORPORATION PURPOSE: STORM WATER DRAINAGE AFFECTS: TRACT A AND A PORTION OF LOT 6 AND OTHER PROPERTY 13. CERTIFICATION OF ORDER INCLUDING LANDS IN CONSOLIDATED IRRIGATION DISTRICT NO. 19 WITH APPROVAL OF VERA WATER AND POWER AND THE TERMS AND CONDITIONS THEREOF: REGARDING: AS SHOWN THEREIN RECORDED: July 10, 2015 AUDITOR'S FILE NO.: 6415980 AFFECTS: A PORTION OF LOT 6 AND OTHER PROPERTY 14. CERTIFICATION FOR INTERLOCAL COOPERATION AGREEMENT BETWEEN CONSOLIDATED IRRIGATION DISTRICT NO. 19 AND VERA WATER AND POWER AND THE TERMS AND CONDITIONS THEREOF: REGARDING: AS SHOWN THEREIN RECORDED: July 10, 2015 AUDITOR'S FILE NO.: 6415981 AFFECTS: A PORTION OF LOT 6 AND OTHER PROPERTY Subdivision Guarantee Policy Number: SGW 08003282 16. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF; BETWEEN: CONSOLIDATED IRRIGATION DISTRICT NO. 19, A WASHINGTON IRRIGATION DISTRICT AND QUASI -MUNICIPALITY; VERA WATER AND POWER, A WASHINGTON IRRIGATION DISTRICT AND QUASI MUNICIPALITY; AND HANSON INDUSTRIES, INC., A WASHINGTON CORPORATION REGARDING: WATER AND ELECTRICITY SERVICE SUPPLY RECORDED: July 10, 2015 AUDITOR'S FILE NO.: 6415982 AFFECTS: A PORTION OF LOT 6 AND OTHER PROPERTY 16. RESTRICTIONS, EASEMENTS, SETBACKS AND OTHER MATTERS AS MAY BE DELINEATED AND/OR CONTAINED ON THE FACE OF SAID PLAT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. 17. RESTRICTIONS, EASEMENTS, SETBACKS AND OTHER MATTERS AS MAY BE DELINEATED AND/OR CONTAINED ON THE FACE OF HANSON CENTER EAST, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. 18. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF, AS RESERVED BY: ORDINANCE NO.: 98-0862 APPROVED AND FILED: November 19, 1985 AFFECTS: THIS AND OTHER PROPERTY AMENDMENT THERETO: RECORDED: March 14, 2000 AUDITOR'S FILE NO.: 4463162 19. SATISFACTION OF CONDITIONS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: November 10, 1998 AUDITOR'S FILE NO.: 4292087 20. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: SPOKANE COUNTY, A POLITICAL SUBDIVISION; AND HANSON INDUSTRIES, INC. REGARDING: LATECOMER FEES RECORDED: March 14, 2000 AUDITOR'S FILE NO.: 4463161 Subdivision Guarantee Policy Number: SGW 08003282 21. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS OR RESERVATIONS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: May 01, 2001 AUDITOR'S FILE NO.: 4582480 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED October 13, 2000 UNDER FILE NO. 4524759. ANNEXATION AND SUPPLEMENTARY DECLARATION; RECORDED: November 03, 2010 AUDITOR'S FILE NO.: 5949961 SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED April 08, 2010 UNDER FILE NO. 5890343. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN MODIFIED BY INSTRUMENT; RECORDED: December 20, 2010 AUDITOR'S FILE NO.: 596331E 22. EASEMENT, OR QUASI -EASEMENT, DEDICATED IN THE PLAT OF HANSON CENTER EAST FOR THE RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS AND ROADS, 23, AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HANSON INDUSTRIES, INC., A WASHINGTON CORPORATION; AND HANSON CENTER EAST PROPERTY OWNERS' ASSOCIATION REGARDING: STORMWATER MAINTENANCE RECORDED: November 20, 2009 AUDITOR'S FILE NO.: 5853508 24. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: HANSON INDUSTRIES, INC.; AND THE CITY OF SPOKANE VALLEY REGARDING: DEVELOPER MITIGATION OF TRAFFIC -RELATED IMPACTS RECORDED: April 08, 2011 AUDITOR'S FILE NO.: 5991757 END OF SCHEDULE A EXCEPTIONS. SubdIvision Guarantee Policy Number: SGW 08003282 NOTES: AT THE REQUEST OF THE ASSURED THE FOLLOWING INFORMATION IS PROVIDED: a. THE ADDRESS OF THE SUBJECT PROPERTY IS: 16609 E DESMET CT SPOKANE VALLEY. WA 99216 16625 E DESMET CT SPOKANE VALLEY, WA 99216 16711 E DESMET CT SPOKANE VALLEY, WA 99216 16727 E DESMET CT SPOKANE VALLEY, WA 99216 16815 E DESMET CT SPOKANE VALLEY, WA 99216 16829 E DESMET CT SPOKANE VALLEY, WA 99216 VACANT LAND AS TO LOT 1 AS TO LOT 2 AS TO LOT 3 AS TO LOT 4 AS TO LOT 5 AS TO LOT 6 AS TO TRACT A b. ACCORDING TO THE RECORDS OF SPOKANE COUNTY ASSESSOR, THE CURRENT VALUE OF SAID PREMISES IS AS FOLLOWS: TAX ACCOUNT NO.: 45131.0501 LAND: $399,450.00 IMPROVEMENTS: $0.00 TOTAL: $399,450.00 AFFECTS' LOT 1 TAX ACCOUNT NO,: 45131.0502 LAND: $497,020.00 IMPROVEMENTS: $0.00 TOTAL: $497,020.00 AFFECTS: LOT 2 TAX ACCOUNT NO.: 45131.0503 LAND: $634,240.00 IMPROVEMENTS: $0.00 TOTAL: $634,240.00 AFFECTS: LOT 3 TAX ACCOUNT NO.: 45131.0504 LAND: $554,950.00 IMPROVEMENTS: $0.00 TOTAL: $554,950.00 AFFECTS: LOT 4 TAX ACCOUNT NO.: 45131.0505 LAND: $515,310.00 IMPROVEMENTS: $0.00 TOTAL: $515,310.00 AFFECTS: LOT 5 TAX ACCOUNT NO; 45131.0506 LAND: $442,130.00 IMPROVEMENTS: $0.00 TOTAL: $442,130.00 AFFECTS: LOT 6 TAX ACCOUNT NO.: 45131.0521 LAND: $269,200.00 IMPROVEMENTS: $0.00 TOTAL: $269, 200.00 AFFECTS: TRACT A Subdivision Guarantee Policy Number: SGW 08003282 c. THE FOLLOWING ABBREVIATED LEGAL DESCRIPTION IS PROVIDED AS A COURTESY TO ENABLE THE DOCUMENT PREPARER TO CONFORM WITH THE REQUIREMENTS OF RCW 65,04.045, PERTAINING TO STANDARDIZATION OF RECORDED DOCUMENTS. ABBREVIATED LEGAL DESCRIPTION: LTS 1 - 6 & TRACT A BSP 02-09 d. THE SUBJECT PREMISES MAY LIE WITHIN A COUNTY SEWERAGE AREA. AN INQUIRY SHOULD BE MADE TO THE SPOKANE COUNTY UTILITIES DEPARTMENT FOR ANY CHARGES THAT MAY BE OWED, FOR MORE INFORMATION CALL (509) 477-3604. e. PLEASE NOTE OUR RECORDING TIMES: MONDAY - THURSDAY: 8:30 A.M., 10:30 A.M., 1:00 P.M. AND 2:30 P.M. FRIDAY: 8:30 A.M., 10:30 A.M. AND 12:00 P.M. E-RECORDING AVAILABLE MONDAY - FRIDAY UNTIL 3:00 P.M. TITLE INFORMATION Title Officer: Virginia Clemens Email: virginia@spokanelitle.com Spokane County Title 1010 N. Normandie SI., #100 Spokane, WA 99201 PH: (509) 326-2626 FX: (509) 327-7570 Subdivision Guarantee Spokane County Title Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Spokane County Title Company We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or) others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or fender. Unless it is specifically staled otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. CRT 287-C 5/07/01 Subdivision Guarantee Order No.: SP19574 EXHIBIT "A" LOTS 1, 2, 3, 4, 5, 6 AND TRACT A, HANSON CENTER EAST ADDITION BINDING SITE PLAN BSP-02-09, AS PER PLAT RECORDED IN VOLUME 3 OF BINDING SITE PLANS, PAGES 20, 21 AND 22, RECORDS OF SPOKANE COUNTY; SITUATE IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON. Subdivision Guarantee 21. cn ,1 u'Q` s� ParcellD: 45131.0501 16609E Desmet Ct Spokane Valley, WA 99216 This map/plat Is being furnished as an aid in locating the herein described land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title Insurance is expressly modified by endorsement, If any, the company does not Insure dimensions, distances, location of easements, acreage or other matters shown thereon. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided In Schedule A of thls Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) (b) 1. DEFINITION OF TERMS The fol owing terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured In thls Guarantee, or on a supplemental writing executed by the Company. (b) "land". the land described or referred to in Schedule (A) or In Part 2, and Improvements affixed thereto which by law constitute real property, The term "land" does not Include any property beyond the lines of the area described or referred to In Schedule (A) or in Part 2, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2, NOTICE OF CLAIM TO DE GIVEN DV ASSURED CLAIMANT An Assured shall notify the Company promptly In writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which Is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice Is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth In Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result In the Invalidity or potential invalidity of any judicial or non -judicial proceeding which Is within the scope and purpose of the assurances provided, (c) The Identity or any party shown or referred to In Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 3. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, It shall do so diligently. (b) If the Company elects to exercise Its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, In Its sole discretion, to appeal from an adverse judgment or order, (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the Ilen rights of the Assured. If the Company Is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of foss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of Toss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the Toss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shah terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, In writing, for any authorized representative of the Company to examine, Inspect and copy ail records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liebitty or to Purchase the Indebtedness, The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result In Toss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee Is Issued for the benefit of a holder of a mortgage or a Ilenholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall temilnate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant, To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth In this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least oL (a) the amount of liability stated In Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured try the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with Interest thereon; or (c) the difference between the value of the estate or Interest covered hereby as stated herein and the value of the estate or Interest subject to any defect, lien or encumbrance assured against by this Guarantee. U. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee In a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully perforrned Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for Toss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILTITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shah vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the daim had this Guarantee not been Issued. If requested by the Company, the Assured shalt transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle In the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its pnnclpal, interest, and costs of collection. 12. ARBITRATION Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured, All arbitrable matters when the amount of liability is In excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only If the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbltrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT Ail notices required to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at the office which issued this Guarantee or to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. EXHIBIT 4 Staff Report and Recommendation STV-2020-0001 Page 10 of 11 August 18, 2020 S'Ole .00.16Valley Community & Public Works Building & Planning Division NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY & PUBLIC WORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS WITHIN 400 FEET' OF THE SUBJECT PROPERTY BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. Due to the restrictions on public gatherings arising from the COVID-19 outbreak, this hearing will be conducted remotely using web and telephone conference tools, as described below. Hearing Date: Thursday, August 27, 2020 beginning at 6:00 p.m. Meeting Details: Join Zoom meeting by computer, smartphone, or tablet at: A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcomm fission. Application/Description of Proposal: Request to vacate the east 220-feet of Desmet Court including the cul-de-sac at the end and re -dedicate a new cul-de-sac further to the west. Applicant: Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley WA 99206 Owner: Hanson Industries, 15807 E Indiana Avenue. Spokane WA 99216 Location of Proposal: The portion of right-of-way proposed to be vacated is located between Indiana Avenue (west) and Flora Road (east) and adjacent to three parcels (45131.0507, 45131.0509 and 45131.0510) further located in the SE quarter of the NE quarter of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington. Approval Criteria: Section 22.140 (Street Vacations) of the City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code; the City of Spokane Valley Street Standards; the Regional Stormwatcr Manual; and the Spokane Regional Health District regulations. Hearing Process and Appeals: The Planning Commission will conduct the remote hearing pursuant to the rules of procedure adopted in SVMC Title 18 (Boards and Authorities). The public is encouraged to submit written comments prior to the hearing by sending the comments to Connor Lange, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to clange'c(�r�spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on August 27, 2020 in order for them to be received and prepared for submission into the record_ Comments received will be entered into the record at the time of the public participation portion of the Public Hearing. If you would like to deliver comments to City Hall you may contact City Hall at (509) 720-5000 prior to 4:00 PM on August 27, 2020 to schedule an appointment for delivery and allow staff to scan and include in the report. Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the rewrote public hearing via the zoom meeting address and/or phone number. Interested persons will need to sign up to speak no later than 4:00 p.m, on August 27, 2020 at the link provided in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal of the Planning Commission's decision will be based on the record established before the Planning Commission, pursuant to SVMC 17.90 (Appeals). The Planning Commission will forward a recommendation on the request to the Spokane Valley City Council. Environmental Determination: The Planning Division has reviewed the propos;l'ixojecl and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spolcane Valley \liinkipai Code (SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the Slate Environmerrlal Policy Act (SEPA). Staff Report and Inspection of File: A staff report will be available for inspection seven (7) calendar days before the hearing. The staff report and application file may be inspected by logging on to the Spokane Valley SmartGov Public Portal at this web address: ci-spokanevalley-wa.smartgovcomrnunity.com/Public/Horne Go to applications and search for STV-2020-0001 to review or download the staff report. If you have any questions, please contact Connor Lange, Planner, Building & Planning Division, at clange@spolcanevalley.org. 10210 East Sprague ♦ Spolcane Valley, WA ♦ 99206 (509) 720-5240 1 Fax (509) 720-5375 EXHIBIT 5 Staff Report and Recommendation STV-2020-0001 Page 11 of 11 August 18, 2020 From: Wehh Made To: rennet tame Subject: FW: srv-MId-aW LJlgency Routing (Haas l IndustHes) Pete: Friday, August 7, 7020 L0:55:27 AM11 Attachments: Im a4bg1.nec HI Connor, We have previously responded to this request, and I sent this map of our facilities which I believe you already have included In your -Information package. I guess at this point, If they do want us to vacate/relocate, It would be a billing Job to them to have us take care of that. Let me know if you need more information. Thanks, PED-17010-DESMET ADQVG PED-16916 00 Pedestal (default) Mark Welch Sr Network Implementation Program Manager 904 N. Columbus St,, Spokane, WA, 99202 t d: 509.056.6545 coil: 509,703.2705 !mark welr.hrljur.enturyl:nk corn CenturyLlnk. From: Stoddard, Karen < en SmddardCdl CenturvLrni,.cam> Sent: Thursday, August 6, 2020 9:33 AM To: Welch, Mark <Mlrk yvelch0rtenturvLink com> Subject: FW: STV-2020-0001_Agency Routing (Hansen Industries) HI Mark. Would you, to see if we have any facilities an the east 220' of Desmet Court and Cul De Sac that the City wants to vacate located between Interstate 90 (north) and Nora Avenue Iscuth1 •uvef : of N Flora Rd.? Thanks, Karen Karen Stoddard Capacity Provisioning Specialist Centurytlnk 904 N Columbus St Spokane, WA 99202 New Office Number: 509-666-8534 From: Connor Lange <rlange nnsankanevalevptg> Sent: Wednesday, Augusts, 20204:20 PM Tor 8111 Helblg <bhelhigurWsaokanrvallev ern>' Chad Phillips <cohilllasasnnkanevatlev nrF>• Jerremy Clark <jtJark@sookanevallev nrg>; Shane Arlt <carllra soekanevallev era> -Spokane Valley Fire (iud'rlione!dlSnokaneu alley Fire corn) <jnsneerinnSfmSnnFanrVallevFire rnmt>' Chris Johnston <rrJnhnslnn(elsonkanesheriff erg>• SKnudennt@spoknneronnty nrp; Cf1FPNFRi3 cnnkanernunty nil; Bruner, Jennifer 5. <IBRIJNFRranSpokanere rniv nre>' Megan Blckley <%1B¢kh'ul6SnnkaneCn::nty nrn>; Spokane Regional Health District <psavaeeriesrhd ore>• fireooAsnokanerounlv.one Consolidated Irrigation District 919 <Wnnllrlatvrf:er,eati❑nru:rnrnrau,ryptr finnalirewarint wa,gov; Spokane Transit Authority <kotterstromhlsockanetransit-ram>; WA Dept of Arch and Hlst Preservation <cena:tidahn wa goy>; dave bvuctfirav:starnrp ram" Stoddard, Karen <Karen Stnd lar lwCentlrvUrik corn>" Corecast <brya _ ichardconrecable romcact cnm> Subject: STV-2020 0001 Agency Routing (Hanson Industries) Good afternoon all, Attached Is the Street Vacatlsrn application for lesmet Court for Hanson Industries for your review and comments. The comment period ends an August 17, 2020. The P.rblic Hearing for street vacation will he held August 27th, 2020. Please let me know If you have any questions. Cmmur Lange 1 Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (�091 720.0332 1 ClAnpr+-e cookanavehev nrg S�i'akane`' This email end any atteclvnents may he subject to disclosure pursuant to Washington State's Public Record Act. chapter 42.S6dSCW. This communication is the property of CenttuyLink and may c0r'.l. ir. confidential or privileged information. Unauthorized use of this communication is stictly prohibited and may be unlawfid. If you have received lhi e= , unn,itatian in error, please immediately notify the sender by reply e-mail and destroy all copies oal kin and any attachments. CAUTION: This email originated from outside your organization. Iixcrc!sr c,nilinn when opening attachments or clicking links, especially from unknown senders. From: J3yus. Dave To: Connor Lange Subject: RE: [External] STV-2020-0001 Agency Routing (Hanson Industries) Date: Tuesday, August 11, 2020 11:40:39 AM Attachments: Image002.91f Intage003.gif Image004.to4 Hi Connor, Avista Utilities serves the existing BSP-02-09 that is being impacted by this proposed street vacation. My comments relating to this proposal would be that we will need to relocate our existing utilities and would also need to review the altered BSP that will be required as a condition of the street vacation. We would like to pick up the utility easements and dedications for the relocated facilities in the alteration if possible. Please let me know if you need anything else or have any questions Thanks Dave Byus Real Estate Representative PO Box 3727 MSC-25 Spokane, WA 99220 1411 E Mission Ave. MSC-25 Spokane, WA 99202 P 509.495.2013 C 509.993.7852 Jitto:f/www.avistautilities corn LoJ This email (including any attachments) may contain conFidenlial and privileged information, and unauthorized disclosure or use is prohibited. If you are not an intended recipient. please notify the sender and delete this email from your system. Thank you. From: Connor Lange[mailto:clange@spokanevalley.org] Sent: Wednesday, August 5, 2020 4:20 PM To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphiliips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Spokane Valley Fire (inspections@SpokaneValleyFire.com) <inspections@SpokaneValleyFire.com>; Chris Johnston <crjohnston@spokanesheriff,org>; CKnudson@spokanecounty.org; CDEPNER@spokanecounty.org; Bruner, Jennifer S. <JBRUNER@SpokaneCounty.org>; Megan Bickley <MBickley@SpokaneCounty.org>; Spokane Regional Health District <psavage@srhd.org>; Grepp@spokanecounty.org; Consolidated Irrigation District #19 <consolidatedirrigation@comcast.net>; figgg@wsdot.wa.gov; Spokane Transit Authority <kotterstrom@spokanetransit.com>; WA Dept of Arch and Hist Preservation <sepa@dahp.wa.gov>; Byus, Dave <Dave.Byus@avistacorp,com>; Karen. Stoddard (karen.stoddard@centurylink.com) <karen.stoddard@centurylink.com>; Comcast <bryan_richardson@cable.comcast.com> Subject: [External] STV-2020-0001_Agency Routing (Hanson Industries] Good afternoon all, Attached is the Street Vacation application for Desmet Court for Hanson Industries for your review and comments. The comment period ends on August 17, 2020. The Public Hearing for street vacation will be held August 27th, 2020, Please let me know if you have any questions. Connor Lange I Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishing@avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent of the intended recipient, or if this message has been addressed to you in error, please immediately alert the sender by reply email and Then delete this message and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Stoddard. Karen To: Connor Lange Subject: RE: STV-2020-0001_Agency Routing (Hanson Industries) Date: Friday, August 7, 2020 9:34:49 AM Hi Connor, CenturyLink has facilities in the portion E Desmet Court that is to be vacated and we would like to retain the easement. Mark Welch has added the map of our facilities in the information that was In the attached documents on the original email, Thanks, Karen Karen Stoddard Capacity Provisioning Specialist CenturyLink 904 N Columbus St Spokane, WA 99202 New Office. Number: 509-666-8534 From: Connor Lange <clange@spokanevalley,org> Sent: Wednesday, August 05, 2020 4:20 PM To: Bill Helbig <bhelbig@spokanevalley,org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley,org>; Shane Arlt <sarlt@spokanevalley.org>; Spokane Valley Fire (inspections@SpokaneValleyFire.com) <inspections@SpokaneValleyFire.com>; Chris Johnston <crjohnston@spokanesheriff.org>; CKnudson@spokanecounty.org; CDEPNER@spokanecounty.org; Bruner, Jennifer 5. <JBRUNER@SpokaneCounty.org>; Megan Bickley <MBickley@SpokaneCounty.org>; Spokane Regional Health District <psavage@srhd.org>; Grepp@spokanecounty.org; Consolidated Irrigation District #19 <consolidatedirrigation@comcast.net>; figgg@wsdot.wa.gov; Spokane Transit Authority <kotterstrom@spokanetransit.com>; WA Dept of Arch and Hist Preservation <sepa@dahp.wa.gov>; dave.byus@avistacorp.com; Stoddard, Karen<Karen.Stoddard@CenturyLink.com>; Comcast <bryan_richardson@cable,comcast.com> Subject: STV-2020-0001 Agency Routing (Hanson Industries) Good afternoon all, Attached is the Street Vacation application for Desmet Court for Hanson Industries for your review and comments. The comment period ends on August 17, 2020. The Public Hearing for street vacation will be held August 27th, 2020. Please let me know if you have any questions. Connor Lange' Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@spokanevalle rg ane Valle Y This email and any attachments may be subject to disclosure pursuant to Washington States Public Record Act, chapter 42.56 RCW. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. From: Chad Phillips To: Connor Lange; 'MI Helbia; lerremy Clark; Shane Art Subject: RE: STV-2020-0001_Agency Routing (Hanson Industries) Date: Thursday, August 6, 2020 10:12:28 AM Connor — No concerns from a stormwater perspective. Roadway runoff is flowing away and there are no stormwater facilities in the vicinity of the proposed vacation. Thanks Chad Chad Phillips, P.E. I Engineer, Stormwater ' 0210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720 - 5013 1 cohiltios@sookanevalley.org Silokane Valley From: Connor Lange Sent: Wednesday, August 5, 2020 4:20 PM To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org>; Spokane Va ley Fire (inspections@SpokaneValleyFire.com) <inspections@SpokaneValleyFire.com>; Chris Johnston <crjohnston@spokaneshertff.org>; CKnudson@spokanecounty.crg; CDEPNER@spokanecounty.org; Bruner, Jennifer S. <JBRUNER@SpokaneCounty.org>; Megan Bickley <MBickley@SpokaneCounty.org>; Spokane Regional Health District <psavage@srhd.org>; Grepp@spokanecounty.org; Consolidated Irrigation District #19 <consolidatedirrigation@comcast.net>; figgg@wsdot.wa.gov; Spokane Transit Authority <kotterstrom@spokanetransit.com>; WA Dept of Arch and Hist Preservation <sepa@dahp.wa.gov>; dave.byus@avistacorp.com; Karen. Stoddard(karen.stoddard@centurylink.com) <karen.stoddard@centurylink.com>; Comcast<bryan_richardson@cable.comcast.com> Subject: STV-2020-0001_Agency Routing (Hanson Industries) Good afternoon all, Attached is the Street Vacation application for Desmet Court for Hanson Industries for your review and comments, The comment period ends on August 17, 2020, The Public Hearing for street vacation will be held August 27th, 2020. Please let me know if you have any questions. Connor Lange 1 Planner 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5332 I clanae@sookanevalley.ore Sokane %y' This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: Fisher. Brent To: Connor LanaP Subject: RE: 5 V-2020-0001_Agency Routing (Hanson Industries) Date: Thursday, August 6, 2020 1:33:20 PM Attachments: comcast Facilities on Flora,odf Conner, Comcast has multiple buried Fiber & Coax cables in the proposed vacation area (see attached pdf). With that being the case, Comcast does not agree to the vacation. Sorneone would have to pay us to relocate our existing facilities — and it would be costly. Thankr�you, T7u to '7e Le Comcast Spokane Construction Specialist 2 509-755-4804 brent fisher@comcast,com From: Richardson, Bryan <Bryan_Richardson@cabfe.comcast.com> Sent: Thursday, August 6, 2020 6:44 AM To: Fisher, Brent<Brent_Fisher@cable.comcast.com> Subject: FW: SW-2020-0001_Agency Routing (Hanson Industries) Have you done these before? We have fiber in this area From: Connor Lange <elangePspokanevalley.org> Sent: Wednesday, August 5, 2020 4:20 PM To: Bill Helbig <bhelbigC0spokanevalley.oro>; Chad Phillips <cphillipsl spokanevalley.org>; Jerremy Clark <jclark(? spokaneval ey.org>; Shane Arit <5arlt( spokanevalley.org>; Spokane Valley Fire (j.0spectionsrwSpokaneValleyFire,corn) <in pectionsaS op kane.Vsall.eyFire cam>; Chris Johnston <crjohnstonPspokanesheriff.org>; SKnudsonOspokanecounty.org; CDEPNER(spokanecounty,org; Bruner, Jennifer S. <JBRUNERISpokaneCounty.org>; Megan Bickley <Sv1BickievC SpokaneCounty.org>; Spokane Regional Health District <psavagePsrhd.org>; L;reppiaspokanecounty.org; Consolidated Irrigation District #19 <consolidatedirrigationPcomcast.net>; figggPwsdot,wa.gov; Spokane Transit Authority <kotterstromPspokanetransit,com>; WA Dept of Arch and Hist Preservation <sepaPdahp.wa,gov>; dave.byus(@avistacorp.com; Karen. Stoddard (karen.stoddard(Dcenturylink.coa) <karen,stoddardc centurylink.com>; Richardson, Bryan <B yan_RichardsonPcable,comcast.com> Subject: [EXTERNAL] STV-2020-0001_Agency Routing (Hanson Industries) Good afternoon all, Attached is the Street Vacation application for Desmet Court for Hanson Industries for your review and comments. The comment period ends on August 17, 2020, The Public Hearing for street vacation will be held August 27th, 2020. Please let me know if you have any questions. Connor Lange i Planner L0210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I clange@sookanevalley.org akan'`"`'` Valley. This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. #113553 (PCO) Comcast is on pole. Comcast has a surface mount Power Supply here (Alpha cabinet) and a green "doghouse" pedestal. Comcast has underground plant here. Multiple fibers and coax buried. E oEsMEr cT Comcast has underground plant here. Multiple fibers and coax buried. Comcast has underground plant here. Multiple fibers and coax buried. Comcast has aerial plant here. Multiple fibers and coax bundled. #A4213260 (PCO) D-End 2 Comcast Risers on pole (Fiber & Coax) Transition from overhead to underground. Q = PEDESTAL Q = POLE = AERIAL =UNDERGROUND EXHIBIT 6 Staff Report and Recommendation STV-2020-0001 Page 12 of 12 August 18, 2020 From: Todd Whipple To: Connor Lange; Bob Boyle Cc: Susan Moss; Save; Blllot Whloole Subject: RE: STV-2020-0001 STV Public Hearing_Noticing Info Date: Tuesday, August 18, 2020 12:09:58 PM Attachments: irnaae002.onQ Connor, Thank you, will you be inviting us, or will we need to log in ... thanks. Sincerely, Whipple Consulting Engineers, Inc. Todd R. Whipple, PE President Wk 509-893-2617 Cell 509-995-2939 toddwtc whipplece.com /IWCE Whipple Consulting Erigior=urs .'.-1;'f lY QWI $ Land 00700.. ir111'r4 YFII'ACRS ll rc• lc+,mr+asy NrOS. Lal111 Srm tlirly. Cm, ucrs„:^,,r a»:r rranc Ergr,clrrnq. Lw O r:,+r„ :e .1111LenrrrCveArcnueerure From: Connor Lange <clange@spokanevalley.org> Sent: Tuesday, August 18, 2020 11:15 AM To: Todd Whipple <toddw@whipplece.com>; Bob Boyle <bboyle@hansonind.com> Cc: Susan Moss <smoss@whipplece.com>; Save <save@whipplece.com> Subject: STV-2020-0001 STV Public Hearing_Noticing info Good morning Todd and Bob, I am emailing to remind you of the upcoming Public Hearing regarding the Street Vacation of Desmet Court on August 27th, 2020 with Planning Commission at 6pm (Via Zoom). However, before we move forward to the Public Hearing I wanted to inform you of an error that occurred on Staffs part with regards to the public hearing noticing. Noticing for Street Vacations are required 20 days prior to the public hearing for the newspaper, posting on -site, mailing to neighboring properties and posting in 3 conspicuous places in town. Staff provided the full 20 days for the newspaper noticing but only orovided the typical (Type III public notice) of 15 days for the mailings, posting on -site and postings in conspicuous places I am trying to gauge whether you want to proceed with the public hearing knowing that the error in the public noticing requirements was made because there is some risk if someone opposed was to challenge the vacation based on the procedural error. If you want to move forward with the Public Hearing knowing the risk could you please respond to this email and agree to move forward. If you don't want to move forward at this time we will work to get it on the agenda for Council (ASAP) to set a new public hearing date knowing that proper noticing requirements would be followed, I will note that no public comments have been received at this time nor has anyone reached out to me regarding the street vacation. I want to sincerely apologize for the error and any inconvenience this causes you, I also want to put it on your radar screen that a requirement of the street vacation (in addition to moving all the utilities that exist within the area) will be to file a Final BSP Alteration altering those easements that were created by the BSP. This can be clone subsequently to the ROS for the street vacation or can be submitted prior. If you have any questions please don't hesitate to call. Thank you Connor Lange I Planner 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5332 1 clange@sookanevallev.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — Stormwater Surplus Property Discussion GOVERNING LEGISLATION: SVMC 3.49.020. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: On February 26, 2019, the City purchased a small parcel abutting a City -owned stormwater swale from Spokane County located on North Barker Road. The property bisects two privately owned parcels to the north and south. The rectangular parcel is 7.5 feet by 210 feet, resulting in a very narrow strip of land. The City paid $112.64 for the 1,575 square foot parcel, Spokane County parcel number 55172.0159. The County owned the property following a tax foreclosure in 2015 until the City's purchase in 2019. Currently, the City uses the westerly portion of the parcel adjacent to the stormwater swale to access the Swale. A developer recently approached staff regarding purchasing the easterly 110 feet of the parcel not adjacent to the stormwater swale. That portion of the parcel separates 1204 and 1216 N Barker Road (parcel numbers 55172.0135 and 55172.0114 respectively). The developer owns both lots and would like to apply for a boundary line adjustment to adjust the section of 55172.0159 separating the two parcels. However, before completion of the boundary line adjustment, the City Council would need to declare the property surplus, and the City would need to sell it to the land owner, pursuant to SVMC 3.49.020. Staff recommends declaring the property surplus to the needs of the City because the City neither has, nor anticipates having a practical, efficient, or appropriate use for the identified portion of 55172.0159. Community and Public Works staff has indicated the City's use of the property extends only to the section of the parcel adjacent to the stormwater swale. Pursuant to SVMC 3.49.020, once declared surplus, the City Manager would be authorized to sell the property using procedures the City Manager deems to be in the best interests of the City. Additionally, an appraisal would be unnecessary since the City recently purchased the property. If approved for surplus, staff recommends a pro-rata sale of the easterly 110 foot portion of the parcel. In this case, the value of the property is about $0.07 per square foot. Thus, as a pro- rata sale, the easterly 110 feet of the parcel would sell for about $60.00. After the sale, the developer would initiate the boundary line adjustment, pay for the application fees, and any other associated recording fees. OPTIONS: (1) Consensus to place a resolution declaring the property surplus on a future agenda or consent agenda; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place a resolution on a future Council consent agenda, declaring the easterly 110 feet of Spokane County parcel number 55172.0159 surplus to the needs of the City and authorizing the City Manager to dispose of it pursuant to SVMC 3.49.020. BUDGET/FINANCIAL IMPACTS: Net funds to City of approximately $60.00. STAFF CONTACT: Cary Driskell, City Attorney; Carly Johnson, Legal Intern; Connor Lange, Planner. ATTACHMENTS: Aerial vicinity map showing the property; parcel map. r 40 80 Feet Property Surplus BLA Spokane Valley, WA J4Ei Barker eo &A, HERE, eartah, G o 0 ©am 0 0 ', bit] tiG S -tubar coamirinitudLigtauf E (l p lob o o c eoEv; C 1Gan_-t r 4 � G�BC o ap ki Gip �°,wee, ' - m, OCC[� �� CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — chapter 3.65 Spokane Valley Municipal Code — Cable Code. GOVERNING LEGISLATION: Chapter 3.65 SVMC; Federal Cable Act, 47 U.S.0 5. PREVIOUS COUNCIL ACTION TAKEN: Adoption of chapter 3.65 SVMC in 2009; adoption of a 10- year franchise agreement with Comcast on December 1, 2009 with an effective date of August 6, 2010; administrative report June 16, 2020. BACKGROUND: The City recently began negotiations with TDS Metrocom, LLC (TDS), a cable television provider that recently entered the market as a competitor to Comcast in Spokane In those discussions, TDS proposed various changes to the franchise format that we sent them, which was strongly based on our Cable Code in chapter 3.65 SVMC. In turn, our Cable Code was taken in large measure from the franchise agreement the City granted to Comcast. In short, and in order to be equitable, any future franchise to a competitor needed to be very consistent with what the Council allowed Comcast to do. Based on internal staff discussions, and discussions with both TDS and Comcast, staff came forward on June 16, 2020 with an administrative report seeking Council consensus to explore a wholesale review and modification of chapter 3.65 SVMC with a goal of reducing our regulatory process and oversight over cable providers in the City. Council agreed with this general approach, and staff engaged in a review and comment process with Comcast and TDS of our existing Code provisions. Following receipt of marked up copies from both entities, staff again reviewed and revised the proposed draft revisions to chapter 3.65 SVMC, which is before you for additional consideration. As previously discussed, once the Code is amended, we anticipate having future cable franchises that are much shorter than they currently are, and will largely refer to compliance with the Code rather than restating everything. As a reminder, the City is not proposing any change that would likely impact the amount received from the 5% cable fee (averages roughly $1 million annually) Staff provided the updated version to Comcast and TDS for review and comment. Both have expressed concern about the required insurance amounts, but the language you have before you came directly from our liability provider, Washington Cities Insurance Authority (WCIA), and represents coverage levels that reflect the types and levels of damage claims they see with related utility work. Any claim against the City that exceeds the insurance coverage (excess damage award) would likely have to be paid by the City itself, rather than by WCIA since coverage would be exhausted. As such, staff strongly recommends using the WCIA language. Staff will look for any additional Council input. Both Comcast and TDS are hopeful these Code changes can be concluded with some speed so we can move to the franchise stage. OPTIONS: Place on a future agenda for a first reading or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus for Council to place on a future agenda for a first reading. BUDGET/FINANCIAL IMPACTS: Unknown at this time, expected to be minimal if the recommendations are approved by Council. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; John Pietro, Administrative Analyst; Cary Driskell, City Attorney. ATTACHMENTS: Draft revisions to chapter 3.65 SVMC relating to cable television franchises. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.20-0** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING CHAPTER 3.65 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO OPERATION OF CABLE TELEVISION FRANCHISES IN THE CITY, AND OTHER MATTERS RELATING THERETO. WHEREAS, in 2009, the City Council adopted chapter 3.65 SVMC relating to regulating the issuance and operation of cable television franchises within the City, which was amended in 2017; and WHEREAS, to date, the City has had one cable television provider. Recently, a second cable television provider notified the City of its intent to seek a franchise and begin providing cable service to the City's residents and businesses; and 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, any providers of electricity, water, sewer, natural gas, petroleum, or petroleum distillates, and/or telecommunication services or facilities in the public rights -of -way are required to obtain a franchise when the City has legal authority to require such a franchise, which may be granted only by the City pursuant to RCW 35A.47.040; and WHEREAS, the City is authorized to and should establish standards for occupancy of the rights - of -way by utility facilities, including cable television providers, that are consistent with and recognize the City's jurisdiction and duties to protect the public health, welfare, and safety; and WHEREAS, as part of reviewing chapter 3.65 SVMC, as well as a review of relevant federal law and orders from the Federal Communications Commission, staff recommends amending chapter 3.65 SVMC to change or remove various sections to more closely align the Code with the Council's business - friendly philosophy, and to promote greater competition with the goal of cable customers receiving better service and lower costs. NOW THEREFORE, THE CITY COUNCIL ORDAINS AS SET FORTH BELOW: Section 1: Amending Spokane Valley Municipal Code 3.65. Spokane Valley Municipal Code chapter 3.65 is amended as follows: 3.65.010 Definitions. For the purpose of this chapter, the following words and terms shall have the meanings set forth below: Ordinance 20 Amending SVMC 3.65 Page 1 of 30 DRAFT "Basic cable service" shall mean any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by a franchise agreement to be carried on the basic tier. "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any amendments thereto. "Cable advisory board" shall mean a City or regional cable advisory board as established by ordinance or interlocal agreement. "Cable service" or "service" shall mean (A) the one-way transmission to subscribers of video programming or other programming service; and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "Cable system" or "system" shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term shall not include: 1. A facility that serves only to retransmit the television signals of one or more television broadcast stations; 2. A facility that serves only subscribers without using any public right-of-way; 3. A facility of a common carrier which is subject, in whole or in part, to the provisions of 47 USC 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 USC 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on -demand services; 4. An open video system that complies with 47 USC 573; or 5. Any facilities of any electric utility used solely for operating its electric utility system. For the purpose of a franchise, "cable system" shall mean a grantee's cable facilities servicing the City. "Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of a television channel, as "television channel" is defined by the FCC. "City" means the City of Spokane Valley, a Washington municipal corporation. "City manager" means the city manager or designee. "Complaint" shall mean a subscriber contact with a grantee to express a grievance or dissatisfaction concerning cable service. Complaints do not include matters not within the scope of a franchise agreement. A complaint may be verbal or in writing, but need not include initial contacts where an issue is promptly resolved to the subscriber's satisfaction. "Construction" or "construct" shall mean digging, excavating, laying, extending, upgrading, removing, andor replacing of a facility. "Facility" or "facilities" means all of the plant, equipment, fixtures, appurtenances, and other related property necessary to furnish and deliver cable television services, including but not limited to wires, Ordinance 20 Amending SVMC 3.65 Page 2 of 30 DRAFT cables, conductors, ducts, poles, conduits, vaults, manholes, pedestals, amplifiers, appliances, orand attachments, necessary or incidental to the distribution and use of cable television services. "FCC" shall mean the Federal Communications Commission or any legally appointed or designated agent or successor. "Franchise" shall mean the nonexclusive right and authority to construct, maintain, and operate a cable system through use of public rights -of -way in the City pursuant to a contractual agreement approved by the city council, and executed by the City and a grantee. "Franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "Grantee" shall mean any person or corporation granted a franchise under this chapter. "Gross revenues" means all rcvcnuc derived directly or indirectly by a grantee, or by a grantee's affiliates, from the operation of a grantee's cable system to provide cable services in the franchise area. Gross revenues include, by way of illustration and not limitation, monthly fees charged subscribers for cable .services including basic service and all other tiers of cable service; pay per view service; cable service installation, disconnection, change in service and reconnection f es 'eased acre change f es late -fees payments received by a grantee from programmers for carriage of cable services on the cable system and recognized as revenue under generally accepted accounting principles ("GAAP"), revenues from rentals of cable system equipment such as converters; advertising revenues (including local, regional, and a pro rata share of national advertising carried on the cable system in the franchise area) net of commissions due to advertising agencies that arrange for the advertising buy and as recognized as revenue under GAAP; additional outlet fees, franchise fees, and revenues from home shopping channels. Gross revenues shall not include (A) bad debt; provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected; (B) any capital contribution referenced in SVMC 3.65.120(H); (C) any payments by the City to a grantee for I Net maintenance or expansion; or (D) any taxes on services furnished by a grantee which are imposed directly on any subscriber or user by the state, City or other governmental unit and which are collected by a irantec on behalf of said governmental unitThe franchise fees arc not such a tax and arc therefore included in gross revenues. "Gross revenues" means all amounts derived by a grantee and/or an affiliate from the operation of grantee's cable system to provide cable services within the franchise area. Gross revenues include, by way of illustration and not limitation: 1. Fees for cable services, regardless of whether such cable services are provided to residential or commercial subscribers, including revenues derived from the provision of all cable services (including but not limited to pay or premium cable services, digital cable services, pay -per -view, pay - per -event, audio channels or video -on -demand cable services); 2. Installation, disconnection, reconnection, downgrade, upgrade, maintenance, repair, or similar charges associated with subscriber cable service; 3. Fees paid to grantee for channels designated for commercial/leased access use, which shall be allocated on a pro rata basis using total cable service subscribers within the franchise area; 4. Converter, remote control, and other cable service equipment rentals, leases, or sales (but not revenues from equipment used exclusively for the provision of services that are not cable service); 5. Advertising revenues as defined herein; Ordinance 20 Amending SVMC 3.65 Page 3 of 30 DRAFT 6. Fees including, but not limited to: a. Late fees, convenience fees and administrative fees which shall be allocated in accordance with generally accepted accounting principles ("GAAP"); and b. Franchise fees; 7. Commissions from home --shopping channels and other cable service revenue sharing arrangements which shall be allocated on a pro rata basis using total cable service subscribers within the franchise area. 8. "Advertising revenues" shall mean amounts derived from sales of advertising that are made available to grantee's cable system subscribers within the franchise area and shall be allocated on a pro rata basis using total cable service subscribers reached by the advertising. Additionally, gross revenues subject to franchise fees shall include all commissions, representative fees, affiliated entity fees, and rebates paid associated with sales of advertising on the cable system within the City allocated according to this paragraph using total cable service subscribers reached by the advertising. 9. "Gross revenues" shall not include: a. Actual cable services bad debt write-offs, except any portion which is subsequently collected which shall be allocated on a pro rata basis using cable services revenue as a percentage of total grantee revenues within the franchise area; b. Any taxes and/or fees on services furnished by grantee imposed on subscribers by any municipality, state, or other governmental unit, provided that the franchise fee and the FCC user fee shall not be regarded as such a tax or fee; c. Public, Educational and Governmental (PEG) fees collected by grantee from subscribers; d. Contra expenses including but not limited to launch fees and marketing co-op fees to the extent consistent with GAAP; or e. Unaffiliated third -party advertising sales agency fees or commissions which are reflected as a deduction from revenues to the extent consistent with GAAP. 10. To the extent revenues are derived by grantee for the provision of a discounted bundle of services which includes cable services and non -cable services, grantee shall calculate revenues to be included in gross revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card prices for such components. Except as required by specific federal, state, or local law, equipment shall be subject to inclusion in the bundled price at full -rate card value. This calculation shall be applied to every bundled service package containing cable service from which franchisee derives revenues in the franchise area. The City reserves its right to review and to challenge grantee's calculations. 11. Grantee may change the allocation methodologies set forth in this definition of gross revenue to meet standards mandated by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force ("EITF") and/or the U.S. Securities and Exchange Commission ("SEC"). City acknowledges and agrees that grantee shall calculate gross revenues in a manner consistent with GAAP where applicable; however, the City reserves its right to challenge grantee's calculation of gross revenues, including grantee's interpretation of GAAP and grantee's interpretation of FASB, EITF, and SEC directives. Grantee agrees to explain and document the source of any change it deems required by FASB, EITF, and SEC on the first quarterly payment statement implementing the Ordinance 20 Amending SVMC 3.65 Page 4 of 30 DRAFT change. Upon the City's written request, grantee shall provide additional detail, explanation, and/or reference to source materials. 12. The City acknowledges that grantee shall maintain its books and records in accordance with GAAP. "Lockout device" shall mean an optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable system. "Maintenance" or "maintain" shall mean repair, restoration, replacement, renovation, or testing of the cable system or components thereof so as to ensure that it operates in a safe and reliable manner and as required by this chapter. the PEG channel. The term will not be interpreted to prohibit a PEG channel operator or programmer from independently (i.e., not in the context of any televised programming) soliciting and receiving financial support to produce and transmit video programming on a PEG channel, or from acknowledging a contribution, in the manner of the corporation for public broadcasting. A PEG channel operator or programmer may cablecast informational programming regarding City events, projects and attractions of interest to residents so long as the format for such programming is consistent with the purposes for which PEG resources may be used"Normal business hours" shall mean those hours during which most similar businesses in the City are open to serve customers. In all cases, "normal business hours" must include some evening hours, at least one night per week and/or some weekend hours. "Normal operating conditions" shall mean those service conditions which arc within the control of grantee. Those conditions which are not within the control of a grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather conditions. Those conditions which are ordinarily within the control of a grantee include, but are not periods, and maintenance or upgrade of the cable system. "PEG" shall mean any channel set aside for public use, educational use, or governmental use without a channel usage charge. "Person" shall mean an individual or legal entity, such as a corporation or partnership. "Premium service" shall mean pay television offered on a per channel or per program basis. "Public property" shall mean any real estate or any facility owned by the City. "Right-of-way" shall mean all property, and the space above and below, in which the City has any form of ownership, title, or interest, including easements and adjacent utility strips, which is held for public roadway or dedicated for compatible utility purposes, regardless of whether or not any roadway or utility exists thereon or whether it is used, improved, or maintained for public use. "Service interruption" shall mean the loss of picture or sound on one or more cable channels. "Service tier" shall mean a specific set of cable services which are made available as, and only as, a group for purchase by subscribers at a separate rate for the group. Ordinance 20 Amending SVMC 3.65 Page 5 of 30 DRAFT "Standard installation" shall mean those that are located up to 125 feet from the existing distribution system. Grantee shall comply with applicable FCC regulations regarding commercial installations as may now or hereafter arise. "Subscriber" shall mean any person who lawfully receives cable service via the system. "Video programming" shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 3.65.020 General provisions. A. It is unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this chapter, except as may be otherwise provided by state or federal law. The council may, by ordinance, award a nonexclusive franchise to construct, operate, and maintain a cable communications system within all or any portion of the City to any person, whether operating under an existing franchise or not, who makes application for authority to furnish a cable communications system which complies with the terms and conditions of this chapter; provided, that this section shall not be deemed to require the grant of a franchise to any particular person or to prohibit the council from restricting the number of franchisees should it determine such a restriction would be in the public interest. Any franchise for the construction, maintenance, and operation of cable television systems using the public streets, utility easements, other public rights -of -way, or places shall conform generally to the provisions of this chapter, except as may be otherwise set forth in the ordinance granting such franchise. B. The provisions of this chapter may be incorporated by specific reference in any franchise agreement approved under this chapter. However, in the event of any conflict or ambiguity arising between the fan. frafchi e agfe mot and thpge of this chapter, the provisions of the franchise agreement shall prevail. 3.65.030 Nonexclusivity. The grant of authority for use of the City's rights -of -way under this -chapter 3.65 SVMC is not exclusive and does not establish priority for use over other franchise holders, permit holders, and the City's own use of public property. Nothing in any franchise agreement made under this chapter shall affect the right of the City to grant to any other person a similar franchise or right to occupy and use the rights -of -way or any part thereof. 3.65.035 Cable franchise application. Any cable television entity seeking to provide cable television service in the City pursuant to a franchise shall initiate that process by submitting a complete application to the city clerk. The application must be completed, and any application that is deemed incomplete by the City shall be returned to the applicant. This requirement only applies to any new entrant not currently in the process of negotiating a cable franchise with the City as of June, 2020. 3.65.040 Franchise issuance. Prior to the granting of a franchise, the city council shall conduct a public hearing to determine the following: A. Initial Franchise. 1. That the public will be benefited by the granting of a franchise to the applicant; 2. That the applicant has the requisite financial and technical resources and capabilities to build, operate and maintain a cable television system in the arca; Ordinance 20 Amending SVMC 3.65 Page 6 of 30 DRAFT 3. That the applicant has no conflicting interests, either financial or commercial, which will be contrary to the interests of the City; zi. That the applicant will comply with all terms and conditions placed upon a franchisee by this chapter; 5. That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the cable facilities and systems incorporated in its application for a franchise;62. That the public rights -of -way have the capacity to accommodate the cable communications system; 7. That the applicant is capable of meeting buildout threshold requirements as specified in SVMC 3.65.090; 43. That the proposed franchise is consistent with the City's present and future use of the public rights -of -way to be used by the cable communications system; 91. That the benefit to the public from the cable communications system outweighs the potential disruption to existing users of the public rights -of -way to be used by the cable communications system and the resultant inconvenience which may occur to the public; and 544. That all other conditions resulting from the grant of the franchise have been considered by the City and that the City determines that the grant is still in the public's best interest. B. Renewal Franchise. When considering whether to renew a franchise with an existing cable provider, the City shall consider the following: 1. DidT-liat the applicant has complyied with the terms and conditions of the existing franchise; 2. If not, what were the terms and conditions the applicant failed to comply with, to what extent, and with what frequency; 3�. That the quality of the applicant's previous service has been reasonable in light of community needs; 44. That the applicant's proposal is reasonable to meet the future cable -related community needs and interests, taking into account the cost of meeting such needs and interests; and 45. That all other conditions resulting from the grant of the franchise have been considered by the City and that the City determines that the grant is still in the public's best interest. 3.65.050 Fee. A. In all franchises made under this chapter, the grantee shall pay to the City five percent of its annual gross revenues in the City, pursuant to 47 USC 542, throughout the full term of the franchise agreement. Payment shall be due no later than 30 days from the end of each calendar quarter, after which interest shall accrue at the rate of one percent per month. In the event all or a portion of the franchise fee has not been paid within 60 days of the end of each calendar quarter, a penalty in the amount of 10 percent of the delinquent amount shall be added to the outstanding amount. All franchise fees, interest, and penalties shall constitute a debt owed toef the City and may be collected by any means allowed under the law. B. No acceptance by the City of any payment from grantee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release Ordinance 20 Amending SVMC 3.65 Page 7 of 30 DRAFT of any claim the City may have for further or additional sums payable under the provisions of the franchise agreement. All amounts paid shall be subject to auditing and recomputation by the City. C. Grantee acknowledges and agrees that the franchise fees payable by grantee to City pursuant to a franchise agreement, as well as capital support provided by grantee for PEG equipment and facilities, are authorized under the Federal Cable Act and shall not be deemed to be in the nature of a federal, state, or local tax. D. Franchise Fees Subject to Audit. Upon reasonable prior written notice,noticc, during normal business hours, at the grantee's principal business officeat the City shall have the right to inspect within 30 days the grantee's financial records used to calculate the City's franchise fees at a mutually agreed upon date, time, and location. If the City and grantee cannot agree on a date, time, and location within 30 days, grantee shall make the requested records available to the City at Spokane Valley City Hall on a date and time determined by the City. The City shall provide to the grantee a final report setting forth the City's findings in detail, including any and all substantiating documentation. In the event of an alleged underpayment, the grantee shall have 30 days from the receipt of the report to provide the City with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Grantee shall review and the City shall be entitled to review grantee's historical financial records used to calculate the City's franchise fees consistent with the currently applicable state statute of limitations. DE. At any time after athia franchise agreement is approved, the grantee may, pursuant to applicable federal law or FCC order, determine that certain in -kind cable related contributions may be taken as an offset to the franchise fee. The grantee shall notify the City of the change within the quarter that the offset will be taken or the accounting change has been made. This will allow the City to anticipate and account for the budgetary impact, and to allow the City to consider mitigating action such as reducing or eliminating those in -kind items that may be taken as an offset against the City's franchise fees. EF. Failure to comply with this section, except alleged underpayments under subsection D of this section, shall constitute a material breach of the franchise agreement pursuant to SVMC 3.65.320. 3.65.060 Competitive equity. A. The City reserves the right to grant more than one cable system franchise. The City shall amend a franchise, as requested by the grantee, if it grants additional cable service franchises or similar multiple channels of video programming authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions contained in a previously granted franchise. A word-for-word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent, taking into account any difference in the number of subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise, and all other circumstances affecting the relative burdens. B. Notwithstanding any provision to the contrary, at any time prior to the commencement of a grantee's 36-month renewal window, provided by Section 626 of the Cable Act, that a non -wireless facilities -based entity, legally authorized by state or federal law, makes available for purchase by subscribers or customers cable services or multiple channels of video programming within the franchise area without a franchise or other similar lawful authorization granted by the City, then a grantee shall have a right to request franchise amendments that relieve the grantee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the grantee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor; and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. Ordinance 20 Amending SVMC 3.65 Page 8 of 30 DRAFT C. In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part, the City shall notify the grantee within 30 days of receipt of the application. 3.65.070 Taxes. As is consistent with applicable law, nNothing contained in any franchise agreement granted under thispursuant to chapter 3.65 SVMC shall be construed to except the grantee from any applicable tax, liability, or assessment authorized by law. 3.65.080 Cable system specifications. A. Prior to entering into a franchise agreement, and during the term of the franchise agreement, the the node system architecture, with fiber optic cable deployed from the headend to the node and coaxial minimum of 750 MHz and capable of delivering high quality analog or digital video signals meeting or exceeding FCC technical quality standards. Cable system nodes designed for future segmentation as necessary to maximize shared bandwidth. 44A. A grantee shall comply with all applicable technical standards of the FCC as adopted or amended. - published in subpart K of 17 CFR 76. To the extent those standards are altered, modified, or amended during the term of the franchise agreement, the grantee shall comply with such altered, modified, or amended standards within a reasonable period after such standards become effective. The City shall have, upon written request, the right to review tests and records required to be performed pursuant to the FCC's rules. CB. In accordance with applicable law, tThe City shall have the right to regulate and inspect the construction, operation, and maintenance of the cable system in the public rights -of -way. Upon reasonable prior written notice and in the presence of the grantee's employee, the City may review the provisions of the franchise agreement. All equipment testing under a technical performance review shall be conducted by the grantee. 3.65.090 Cable service. A. Cable service offered to subscribers pursuant to a franchise shall be conditioned upon a grantee having legal access to any such subscriber's dwelling unit or other units where such cable service is provided. B. Areas subsequently annexed by the City shall be provided with cable service pursuant to any franchise, including under the same terms. C. Grantees shall comply with any applicable federal regulations relating to providing services to areas irrespective of income, commonly known as "anti -redlining" provisions. D. Failure to comply with these buildout requirements may result in revocation of the franchise by the city council. A. Subject to the density considerations listed below, except in areas reserved for public travel or utility access not yet opened and accepted by the City as public right of way that the grantee is specifically and lawfully prohibited from deploying its cable system by the owner/developer, the grantee shall provide cable service as follows: 1. A new entrant grantee shall commence construction within 120 days of the granting of a franchise. The city council may grant an extension thereof for good cause shown; provided, however, that formal application for such an extension must be filed by the grantee within the 120 day period. Ordinance 20 Amending SVMC 3.65 Page 9 of 30 DRAFT 2. A new entrant grantee shall begin providing service to subscribers within 2110 days of the granting of a franchise. 3. A new entrant grantee shall have completed buildout within all areas of the city within 36 months of the granting of a franchise. The city council may grant an extension thereof for good cause shown; provided, however, that formal application for such an extension must be filed by the grantee within the 36 month period, and the maximum extension allowable is up to six additional months. I. Areas subsequently annexed shall be provided with cable service within 12 months of the time of annexation. 5. Failure to comply with these buildout requirements shall result in revocation of the franchise by the city council. B. Access to cable service shall not be denied to any group of potential cable subscribers because of the income of the potential cable subscribers or the area in which such group resides. All residents requesting cable service and living within a standard installation of 125 feet shall have the cable installed at no more than the prevailing published installation rate. In the event a request is made for cable service and the and material cost basis for that portion of the service line extending beyond 125 feet. C. Upon request through the designated City representative, the grantee shall provide, without charge and throughout the term of the franchise agreement, one outlet, one converter, if necessary, and basic cable service and expanded basic cable service (i.e., together the equivalent of 60 channels of programming) or the future analog or digital equivalent of such service tiers offered by grantcc to the City's administrative buildings as designated by the City, fire station(,), police station(s), libraries and state accredited K 12 public and private school(s). 1. If the drop line to such building exceeds a standard installation drop of 125 feet, the grantcc will accommodate the drop up to 300 feet if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided, the City or other agency agrees to pay the incremental cost of such drop in excess of 125 feet or the necessary distribution line extension of the cable system, including the cost of such excess labor and materials. The recipient of the service will secure any necessary right of entry. 2. The cable service will not be used for commercial purposes, and the outlets will not be located in areas open to the public, excepting one outlet to be located in a public lobby of any government building that will be used by the public for viewing public, governmental, or educational access channels. The City will take reasonable precautions to prevent any use of the grantee's cable system in any manner that results in inappropriate use, loss or damage to the cable system. Grantee hereby reserves all rights it may have under the law to seek payment from City for liability or claims arising out of the provision and use of the cable service required by this section. 3. If additional outlets of cable service are provided to such buildings, the building occupant will pay the usual installation fees, if any. D. Grantee shall extend the system to any portion of the City, after the date of the franchise agreement, when dwellings c density „f se, e f d irl-ings per one quarter mile f cable nt;guo,,s t„ the s .sten Grantee n „etitio the City for ^ of this r f* cn r to 13e granted for good cause shown. Such extension shall be at grantee's cost. In areas not meeting the requirements of seven or more dwellings per one quarter mile for mandatory extension of service, grantcc shall provide, upon the Ordinance 20-, Amending SVMC 3.65 Page 10 of 30 DRAFT request of any potential subscribers desiring service, an estimate of the costs required to extend service to such subscribers. Grantee shall then extend service upon request and upon payment of an amount equal to the reasonable value of actual time and materials to be incurred by grantee for such extension. Any customer drop not exceeding a standard installation drop of 125 feet will be free of charge to the customer other than normal installation fees. For drops in excess of 125 feet, grantee may assess an amount equal to time and materials. 3.65.100 Programming. A. All final programming decisions remain the discretion of grantee in accordance with a franchise agreement made under this chapter; provided, that grantcc notifies City and subscribers in writing 30 days prior to any channel additions, deletions, or realignments, and further subject to grantee's signal carriage obligations hereunder and pursuant to /7 USC 531 through 536, and further subject to City's rights pursuant to'17 USC 5/5. B. A grantee shall provide at least the following initial broad categories of programming to the extent such categories arc reasonably available: 1. Educational programming; 2. News, weather and information; 3. Sports; /I . General entertainment including movies; 5. Children, family oriented; 6. Arts, culture and performing arts; 7. Foreign language programming; and 8. Science/documentary. C. A grantee shall offer to all subscribers a diversity of video programming services and it will not eliminate any broad categories of programming without first obtaining the written approval of the City, such approval not to be unreasonably withheld. D. A grantcc shall notify in writing the City of its intent to eliminate any broad category of programming noted in subsection B of this section. The City, or its designee, shall make a determination on such request not later than 60 days after receipt of the request by grantee. In the event that the City makes an adverse determination, such determination shall be in writing, along with a concise statement of the reasons therefor. In the event the City fails to make a determination within 60 days after receipt of a request from grantcc, grantcc shall have the right to make the deletion contained in its written request. 3.65.110 Ratcs. A. Throughout the term of any franchise agreement made under this chapter and upon request by the City, services provided under the franchise agreement. This does not require the grantcc to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional B. A grantcc shall provide a minimum of 30 days' written notice to the City and each subscriber before changing any rates and charges. Ordinance 20-, Amending SVMC 3.65 Page 11 of 30 DRAFT C. City may regulate rates for the provision of cable service provided over the system in accordance with applicable federal law, in particular 17 CFR Part 76, subpart N. In the event the City chooses to regulate rates, it shall, in accordance with 17 CFR 76.910, obtain certification from the FCC, if applicable. The City shall follow all applicable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future cable services to the maximum extent allowed by law. 3.65.1002-0 PEG and local programming. A. Any grantee shall make available one full time noncommercial multi jurisdictional PEG channel (the "government channel") for future activation and joint use by the City, the city of Spokane and/or Spokane County for governmental access programming The City shall provide grantee with a minimum of 15 days' prier written notice o f ar in t:a, meeti„,. to develop , rleme tation plan f r activ ation o fthe government channel. Commencing on the effective date of a franchise granted under this chapter, and throughout the term of the franchise, grantee shall deliver those PEG channels with whom the City has contracted for service, up to a maximum of twosix channels, including one channel for public access, with the second channel reserved for future City use at the City's election as a government channel. Grantee shall continue to deliver thethoso PEG channel(s) so long as the City's contracts are valid and the PEG channel(s) have content to distribute. The City shall provide copies of all PEG channel contracts, and contract renewals, to grantee within 30 days of execution. BC. The grantee may, at grantee's option,will endeavor to provide the subscribers in the franchise area with the other regional PEG channels so long as the PEG programmers offer them for use on the cable .system. D. All PEG channels provided to subscribers under a franchise made pursuant to this chapter shall be included by grantee subject to applicable law. For all PEG channels not under grantee's control, grantee shall ensure that there is no material degradation in the signal that is received by grantee for distribution by grantee over the cable system. C. The City shall be responsible for all programming requirements for the PEGgovernment channels, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair, unless responsibility for administering the PEGgovernment channels has been designated to a third party, which shall then become responsible for all programming requirements under this section. D. At any time during the term of a franchise, the City may elect to undertake responsibility to program the government access channel. To do so, the City shall provide grantee written notice of its intent to program the government access channel. Upon receipt of the written notice, the City and grantee shall meet to discuss and mutually agree upon an implementation plan to activate said channel. Nothing in chapter 3.65 SVMC prevents the City from collaborating with another neighboring community or communities serviced by the grantee, to facilitate the City's needs for government access programming. EE. The grantee shall includeprovide the PEG channel(s) as part of the cable service otherwise provided to any subscriber, at no additional charge. If channels are selected through a menu system, the PEG channel(s) shall be displayed as prominently as commercial programming choices offered by grantee. A grantee will use reasonable efforts to minimize the movement of City -designated PEG channel assignments and maintain common channel assignments for compatible PEG programming. With respect to signal quality, a grantee's distribution of PEG channels shall not materially degrade those channels. Ordinance 20 Amending SVMC 3.65 Page 12 of 30 DRAFT QF. At such time as a grantee converts its basic cable service tier from an analog to a digital format, tThe City's PEG channel(s) shallwill be carried on the digital platform and grantee shall install, at its sole cost, such headend equipment to accommodate such channel(s). Such PEG channel(s) shall be accessed by subscribers through use of standard digital equipment compatible with grantee's cable system. G. The City may cancel use of the PEG channel(s) by giving a grantee at least 45 days' advance notice of such action, after which cancellation of use of the PEG channel(s) shall be deemed complete, unless a longer timeframe is identified in the notice of cancellation. H. Grantee will remit to the City as a capital contribution in support of PEG capital requirements an amount equal to $0.35 per subscriber per month to be paid to the City on a quarterly basis for the life of the franchise. In the event notice of cancellation of the PEG channel usage pursuant to 3.65.100(H), grantee shall also cease collecting this PEG capital fee effective on the same date. I. The City shall allocate all amounts under this subsection to PEG capital uses exclusively. Grantee shall not be responsible for paying the PEG capital contribution with respect to gratis or bad debt accounts. Pursuant toConsistent with 47 CFR 76.922, grantee may, in its sole discretion, add the cost of the PEG capital contribution to the price of cable services and collect the PEG capital contribution from subscribers. In addition, consistent withPursuant to 47 CFR 76.985, all amounts paid as the PEG capital contribution may be separately stated on subscribers' bills as a City of Spokane Valley PEG capital contribution. Upon grantee's written request and due as agreed upon by both parties, the City shall provide the grantee with documentation showing expenditures for PEG capital use of the previous fiscal years' PEG capital contribution and showing the budgeted use of the current year's PEG funding. In the event the City cannot demonstrate that PEG capital funding was used or budgeted for PEG capital needs, grantee's PEG funding obligations going forward shall be reduced by an equivalent amount. No more than once per year, the City may provide notice of its intent to either reduce the monthly PEG rate or increase the rate. In no case shall the PEG rate exceed $0.35 per subscriber per month. The grantee shall implement the change within 60 days of notification from the City. K. If the City provides notice to the grantee concerning its election to program the government access channel, the City shall designate its proposed government access facility location. Within 120 days of receiving notice, the grantee shall review its facilities and records and provide an estimate of costs associated with the construction and activation of a fiber optic return line capable of transmitting video programming to enable the distribution of the City's government access programming to subscribers on the provided government access channel. The return line shall run from a location to be determined by the City to the grantee's facilities. Within a reasonable time -period of receiving the City's directive, the grantee shall construct and activate a return line in accordance with the cost estimate previously provided. The City agrees to pay the actual costs of the return line within 90 days of construction/activation and receipt of an invoice from the grantee. After completion, grantee shall maintain the return line as permitted by federal law, invoicing the City for any actual repair or maintenance costs. Such actual or estimated repair or maintenance costs shall be provided to the City in advance when possible, and shall be documented and invoiced to the City by grantee for payment. I. Within 90 days of request, the grantee shall provide an estimate of costs associated with the construction and activation of one return path capable of transmitting video programming to enable the distribution of the City's specific government access programming to subscribers on the multi jurisdictional PEG channel. The return line shall run from a location to be determined by the City to the return line in accordance with the cost estimate previously provided. The City agrees to pay the costs of the return line within 60 days of construction/activation and receipt of an invoice from the grantee. Ordinance 20 Amending SVMC 3.65 Page 13 of 30 DRAFT 3.5.130 lnstitutie-n etwork emfreetien-s Upon request of the City, a grantee shall investigate and provide the City a plan with a cost estimate based on either a managed network or the most cost efficient connection utilizing current technology to accommodate the City's reasonable broadband capacity needs for a noncommercial connection between the City's facilities. For the purposes of this section, "noncommercial" means private network communications from and among the City and other public agencies and excludes leasing or reselling the broadband capacity to a third party for any purpose. After receiving a request from the City, grantee shall provide the City a plan, including an estimate of the constructienco within °n e a e-ee o ur shall include the fully allocated construction cost from the nearest grantee identified fiber access location to the requested sitc(s), including, but not limited to, site construction, fiber, labor, materials and grantee provided equipment. The City shall pay all of grantee's design engineering costs associated with development of the requested plan and cost estimatc(s), if the City does not accept the plan for construction. To approve the grantee to perform the work, the City shall provide the grantee with written authorization to complete the connectivity construction and a purchase order in the amount of the cost estimate. Any connectivity construction shall be performed and completed within six months after the City authorizes the work to be performed, unless the parties agree in writing to a different completion date prior to commencement of the work in order to accommodate special considerations of the City. 3 5.1 ^�0— rtal eont-rel A. A grantee shall provide subscriber controlled lockout devices (audio and visual) at a reasonable charge to subscribers upon their request. B. As to any program which is transmitted on a channel offered on a per channel or per program basis, grantee shall block entirely the audio and video portion of such program from reception by any subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this provision. 3.65.11050 Recovery of costs. A grantee shall reimburse the City for all costs of one publication of an ordinance authorizing a franchise made under this chapter in a local newspaper, and required legal notices prior to any public hearing regarding the franchise, contemporaneous with its acceptance of the franchise. 3.65.12060 Least interference. The City shall have prior and superior right to the use of its rights -of -way for installation and maintenance of its facilities and other governmental purposes. Work by grantee in the rights -of -way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. The owners of all facilities, 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 with respect to the grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such right-of-way. Disputes between the grantee and other parties over the use, pursuant to a franchise agreement, of the rights -of -way shall be submitted to the City for recommended resolution. No franchise under this chapter shall, in any 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. The City hereby retains its full police power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications, or vacation of same, including the dedication, establishment, maintenance, and improvement of all new rights -of -way. 3.65.130;0 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 Ordinance 20 Amending SVMC 3.65 Page 14 of 30 DRAFT 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. 3.65.140S0 Restoration after construction. If in connection with the construction, operation, maintenance, upgrade, repair, or replacement of the cable system a grantee disturbs, alters, or damages any public or private property, the grantee agrees that it shall at its own cost and expense pay for any damage and replace and restore any such property to a condition at least reasonably comparable to the condition existing immediately prior to the disturbance. Whenever grantee disturbs or damages any right-of-way or other public property, grantee shall complete the restoration work within a reasonable time as authorized by the city manager or designee. 3.65.15010 Obstruction permits required. Grantee shall apply for and obtain appropriate obstruction permits from the City pursuant to the Spokane Valley Municipal Code. Grantee shall pay all generally applicable permit fees for the requisite City permits and reimburse the City for all generally applicable fees incurred by the City in the examination, inspection, and approval of grantee's work. 3.65.160380 Emergency response. The grantee shall maintain with the City an emergency response number providing an emergency 24-hour response for the City to use in case of an emergency. After being notified of an emergency, grantee shall cooperate with the City and make every effort to immediately respond with action to aid the protection of the health and safety of the public. 3.65.170244 Hazardous substances. Grantee shall comply with all applicable state and federal laws concerning hazardous substances relating to grantee's facilities in the rights -of -way. 3.65.180230 Environmental. Grantee shall comply with all applicable state and federal laws concerning environmental protection relating to grantee's facilities in the rights -of -way. 3.65.190234 Movement and relocation of facilities. A. Relocation of Facilities at the Request of a Third Party. 1. If any removal, replacement, modification, or disconnection of the cable system is required to accommodate the construction, operation, or repair of the facilities or equipment of another City cable franchise holder(s), grantee shall, after at least 30 days' advance written notice, take action to effect the necessary changes requested by the responsible entity, as long as the other franchise holder(s) pays for the grantee's time and material costs associated with the project and grantee is issued a permit for such work by the City. 2. The grantee shall, upon reasonable prior written request of any subscriber, relocate its aerial distribution cable facilities underground, as long as the subscriber pays for the grantee's time and material costs associated with the project and grantee is issued a permit for such work by the City. 3. In the event an underground conversion of cable facilities is required as part of the street improvement condition(s) of a new land use development, not associated with a City -designated capital improvement project, a franchise shall in no way limit the grantee's right to bill and collect in advance all time and material costs associated with the underground conversion of the cable system from the person responsible for the land use development project. Ordinance 20 Amending SVMC 3.65 Page 15 of 30 DRAFT 4. At the request of any person holding a valid permit and upon reasonable advance notice and payment by the permit holder of grantee's expenses of such temporary change, grantee shall temporarily raise, lower, or remove its facilities as necessary to accommodate a permittee of the City. B. Relocation at Request of the City. 1. Upon at least 60 days' prior written notice to grantee, the City shall have the right to require grantee to relocate any part of the cable system within the rights -of -way when the safety, health, or welfare of the public requires such change, and the expense thereof shall be paid by grantee. The City may, at its option, provide more than 60 days' notice. After receipt of such notice, grantee shall complete relocation of its facilities at least five days prior to commencement of the project or an agreed upon date by both parties. Should grantee fail to remove or relocate any such facilities by the date established by the City, the City may effect such removal or relocation, and the expense thereof shall be paid by grantee, including all costs and expenses incurred by the City due to grantee's delay, including delay damages established by third parties. If the City requires grantee to relocate its facilities located within the rights -of -way, the City shall make a reasonable effort to provide grantee with an alternate location within the rights -of -way. If public funds are available to any person using such rights -of -way for the purpose of defraying the cost of any of the foregoing, the grantee may make application for such funds. 2. In the case of relocation projects where the conversion of overhead utilities is within a City capital improvement project, then the grantee shall participate in the joint trenching portion of the project, and grantee shall pay to the City grantee's portion of the traffic control and trench costs, including excavation and other associated costs, trench bedding, and backfill commensurate with grantee's proportionate share of trench usage. However, if bids from the City or its designated contractor for placement of grantee's conduits and vaults/pedestals in the supplied joint trench, in the reasonable estimation of the grantee, are not acceptable, the grantee shall have the option to utilize contractor(s) of its choice to complete the required work, so long as use by grantee of its contractor(s) does not delay the City project. The City or its designated contractor shall coordinate with the grantee's contractor(s) to provide reasonable notice and time to complete the placement of the grantee's facilities in the supplied joint trench. 3. Nothing in a franchise made under this chapter shall prevent the City from constructing any public work or capital improvement. Further, the City shall have the right to require grantee to relocate, remove, replace, modify, or disconnect grantee's facilities and equipment located in the rights -of - way or on any other property of the City in the event of an emergency or when necessary to protect or further the health, safety, or welfare of the general public, and such work shall be performed at grantee's expense. Following notice by the City, grantee shall relocate, remove, replace, modify, or disconnect any of its facilities or equipment within any right-of-way, or on any other property of the City. 4. If the grantee fails to complete the above work within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may cause such work to be done and bill the reasonable cost of the work to the grantee, including all reasonable costs and expenses incurred by the City due to grantee's delay. In such event, the City shall not be liable for any damage to any portion of grantee's cable system. Grantee shall pay the City within 90 days of receipt of an itemized list of those costs. The City shall give consideration to any circumstances outside the grantee's control preventing grantee's completion of work. 3.65.20040 Tree trimming. A grantee shall have the authority to conduct pruning and trimming for access to cable system facilities in the rights -of -way subject to compliance with applicable City code relating to the same as adopted or Ordinance 20 Amending SVMC 3.65 Page 16 of 30 DRAFT amended. All such trimming shall be done at the grantee's sole cost and expense. The grantee shall be responsible for any damage caused by such trimming. 3.65.21050 Vacation. The City may vacate any City road, right-of-way, or other City property which is subject to rights granted by a franchise pursuant to under -this -chapter 3.65 SVMC, but the grantee shall be provided notice of such vacation proceedings and the opportunity to secure future use rights as allowed under the Spokane Valley Municipal Code. 3.65.22060 Abandonment of grantee's facilities. No facility constructed or owned by a grantee may be abandoned without the express prior written consent of the City. 3.65.23070 Maps, books, and records. A. Upon at least 30 days' written request, a Ggrantee shall provide to the City uponrequest: 1. Aa route map that depicts the general location of the cable system facilities placed in the rights -of way. In the event of an emergency requiring such information, tThe City may request, and a franchisee shall provide, a route map on shorter notice in the event of an emergency requiring such information. The route map shall identify cable system facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individual subscribers. The grantee shall also provide, if requested, an electronic format of the aerial/underground facilities in relation to the right-of-way centerline reference to allow the City to add this information to the City's GIS program.; and 2. A copy of all FCC filings which relate to the operation of the cable system in the franchise area. B. To the extent such requests are limited to specific facilities at a given location within the franchise area in connection with the construction of any City project, grantee shall cooperate with the City, upon the City's reasonable request, to field -locate its facilities in order to facilitate design and planning of City improvement projects. C. The City has the right to inspect books and records of grantee, which are reasonably necessary to monitor a grantee's compliance with the provision of cable services. Within 30 business days of receipt of written notice from the City to inspect a grantee's books and records under this section, the grantee and City shall, within five business days or determine a mutually agreeable date, and time, and location to accommodate the City's request at the grantee's business offic and without unreasonably interfering with the grantee's business operations. If the City and grantee cannot agree on a date, time, and location within 10 days, grantee shall make the requested records available to the City at Spokane Valley City Hall on a date and time determined by the City. All such documents pertaining to financial matters shall be p ed and m „taired ordaree T tl n ntee's .standard record retention policy except for financial records which arc governed by SVMC 3.65.050(D). D. The City has the right to request a copy of the books and records that are not identified as proprietary or confidential. For purposes of this section, the term "proprietary or confidential" includes, but is not limited to, information relating to the cable system design, customer lists, marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the grantee to be competitively sensitive. 1. The City shall have a right to inspect but the grantee shall not be required to release information that it -grantee reasonably deems to be proprietary or confidential in nature; provided, that this shall not prevent the release of such proprietary or confidential documents for purposes of any enforcement proceeding where appropriate legal steps are available to address grantee's concerns regarding confidentiality. In the event the grantee asserts that certain information is proprietary or Ordinance 20 Amending SVMC 3.65 Page 17 of 30 DRAFT confidential in nature, the grantee shall identify generally the information which it deems proprietary and confidential and the reasons for its confidentiality in writing to the City. Each page of such information provided will be clearly marked as proprietary and confidential. Subject to SVMC 3.65.230(D)(2), the City agrees will not dispute a grantee's designation of information as proprietary or confidential. The City will treat any information disclosed by the grantee as confidential or proprietary and only te-disclose it to those employees, representatives, and agents of the City that have a need to know in order to enforce the franchise agreement, and who agree to maintain the confidentiality of all such information. The grantee shall not be required to provide customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. 2. Information submitted to the City may be subject to inspection and copying under the Washington Public RecordDisclosure Act, codified in Cchapter 42.56 RCW. The City shall timely provide a 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 and 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 nondisclosure of the requested documentation/information. In the event the City disagrees with the grantee's basis for nondisclosure, 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 as adopted or amended. 3.65.24040 Reports. A. File for Public Inspection. A grantee shall maintain at its business office, in a file available for public inspection during normal business hours, those documents required pursuant to the FCC's rules and regulations. If a franchisee does not have a local business office, then the file shall be available for viewing on-line 24 hours a day by the general public, subject to downtime for routine maintenance. B. Complaint File and Reports. A grantee will keep an accurate and comprehensive file of all complaints privacy rights of subscribers. Upon 30 days' written request, grantee will provide a report to the City that contains total number and summary of all complaints received by category, length of time taken to resolve and action taken to provide resolution. CB. Annual Report. No later than March 31st of each year, if requested by the City, grantee shall file a written report with the City, which shall include: 1. A summary of the previous calendar year's activities in development of this system, including but not limited to services begun or dropped, number of subscribers (including gains and losses), homes passed, and miles of cable distribution plant in service (including different classes if applicable), and a map of the current cable distribution plant within the City.; 2. A gross revenue statement for the preceding fiscal year and all deductions and computations for the period, and such statement shall be reviewed by a certified public accountant, who may also be the chief financial officer or controller of grantee. 3. A current statement of cost of any construction by component category; 5. If a grantee is a corporation, a list of officers and members of the board and the officers and board members of any parent corporation; Ordinance 20 Amending SVMC 3.65 Page 18 of 30 DRAFT 6. A list of all partners or stockholders holding one percent or more ownership interest in a grantee and any parent corporation; provided, however, that when any parent corporation has in excess of 20 largest stockholders of the voting stock of such corporation shall be disclosed; 7. A copy of all of a grantee's written rules and regulations applicable to subscribers and users of the cable system; 8. Any additional information related to operation of the cable system as reasonably requested by the D. Customer Service Reports. Grantee shall maintain a quarterly compliance report specific to the system in the franchise arca and shall provide such report to the City at the request of the City. Such report shall demonstrate grantee's compliance with the customer service standards set forth herein. . Grantee shall, upon request of the City, make available to the city manager or designee a description of construction plans for the following 12 months. D. The City, at its discretion, may waive in whole or in part the requirements o 2.4013 1. EF. Grantee shall, upon request of the City, make available a copy of the final report on each proof of performance test of each technical parameter defined in Part 76 of the rules and regulations of the FCC. 3.65.290 Customer service standards. A. A grantee shall comply in all respects with the customer service standards contained herein. r,aing di eFiffl fatie ad rted ,,ded C. In providing service, a grantee shall maintain a convenient local customer service location in either the City of Spokane Valley or the city of Spokane for receiving subscriber payments, handling billing questions, equipment replacement and dispensing customer service information. Also, the grantee will endeavor to accommodate a bill payment location in the City as long as there is an acceptable third party vendor available to support the service in accordance with the grantee's business practices. D. When similar complaints have been made by a number of subscribers, or where other evidence exists which, in the reasonable judgment of the City, casts doubt on the reliability or quality of the cable service, the City, notwithstanding an authority to require that grantcc test, analyze and report on the performance of the system relative to applicable technical standards of the FCC. Upon 30 day prior written notice from the City, the grantee ghal full rate with the G t. ors ruin c to t �g and shall prepare a written report of the results, if requested. E. A grantcc shall satisfy the consumer protection and service standards as outlined below. 1. Cable system office hours and telephone availability: a. Grantee will maintain a local, toll free or collect call tcicphonc access line which will be available to its subscribers 21 hours a day, seven days a week. i. Trained grantcc representatives will be available to respond to customer tcicphonc inquiries during normal business hours. Ordinance 20-, Amending SVMC 3.65 Page 19 of 30 DRAFT ii. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained grantee representative on the next business day. b. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed 30 seconds. These standards shall be met no less than 90 percent of the time under normal operating conditions, measured on a quarterly basis. c. Grantee shall possess equipment to measure compliance with the telephone answering standards above. d. Under normal operating conditions, the customer will receive a busy signal less than three percent of the time. e. Customer service center and bill payment locations will be open at least during normal business hours. 2. Installations, Outages and Service Calls. Under normal operating conditions, each of the following standards will be met no less than 95 percent of the time measured on a quarterly basis: placed. i. The appointment window alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four hour time block during normal business hours. (Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) ii. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. iii. If grantee's representati-ve ; ,. l ate f r- rtme t with a st mer and will not be able to keep the appointment as scheduled, the grantee shall use its best efforts to contact the customer prior to the time of the schcdulcd appointment. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. iv. Under normal operating conditions, if grantcc cannot perform installations within the times specified in applicable customer standards, the grantcc shall offer the subscriber a credit equal to the charge for a standard installation or other compensation of equal or greater value. For nonstandard installation, grantee shall attempt to contact a subscriber requesting an estimate of charges within seven business days of receiving the request by the subscriber. This subsection does not apply to the introduction of new products and services when grantee is utilizing a phased introduction. b. Excluding conditions beyond the control of grantcc, grantcc will begin working on service interruptions promptly and in no event later than 21 hours after the interruption becomes known. Grantcc must begin actions to correct other service problems the next business day after notification of the service problem. Grantcc shall resolve all service interruptions to the extent reasonably possible within 18 hours under normal operating conditions. i. In those caves where service is not restored within 21 hours due to unusual circumstances, the reasons for the delay shall be fully documented in an outage log. Ordinance 20 Amending SVMC 3.65 Page 20 of 30 DRAFT ii. Under normal operating conditions, if after 21 hours service is not restored to a subscriber, grantee shall, upon a subscriber's request, provide a refund or credit or other compensation of equal or greater value. iii. As subscribers are connected or reconnected to the system, grantee shall, by appropriate means such as a card or brochure, furnish general subscriber information (including, but not limited to, terms of service and procedures for making inquiries or complaints, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed) and furnish information concerning the City office responsible for the administration of the franchise agreement, including the address and telephone number of said office. 3. Communications between Grantee and Subscribers. a. Notifications to Subscribers. Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request to subscriber or the City: i. Products and services offered; ii. Prices and options for programming services and conditions of subscription to programming and other services; iii. Installation and service maintenance policies; iv. Instructions on how to use the cable service; v. Channel positions of the programming carried on the system; and vi. Billing and complaint procedures, including the address and telephone number of the City. b. Rate/Programming Changes. i. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of 30 days in advance of such changes if the changes are within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by this section. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fcc or other fees, tax, transaction between the grantee and the subscriber. ii. Grantee shall provide a qualified discount program for senior and disabled customers. iii. All programming decisions remain the discretion of grantee; provided, that grantee notifies City and subscribers in writing 30 days prior to any channel additions, deletions or realignments directed to each subscriber individually through mailed notice or as an insert or addendum to the subscriber's monthly bill, email or other means reasonably calculated to give the subscriber and the City advanced notice, and further subject to grantee's signal carriage obligations hereunder and pursuant to 17 USC 531 through 536, and further subject to City's rights pursuant to 17 USC 515. Location and relocation of the PEG channels shall be governed by the franchise agrccmcnt, and further to the programming category requirements contained within the franchise agrccmcnt. Ordinance 20 Amending SVMC 3.65 Page 21 of 30 DRAFT c. Billing. i. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. ii. Billing complaints shall be responded to promptly, but in no event later than within seven days of receipt. d. Refund,. Refund check, will be issued promptly, but no later than either: i. The subscriber's next billing cycle following resolution of the request or 30 day,, whichever is earlier; or ii. The return of the equipment supplied by grantee if service is terminated. e. Credits. Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted. f. Subscriber Charges. A list of grantee's current subscriber rates and charges for cable service shall be maintained on file with City and shall be available for public inspection. F. A grantee shall comply with all applicable federal and state privacy laws, including Section 631 of the Cable Act and regulations adopted pursuant thereto. 3.65.300 Cable advisory board. City reserves the right to maintain a cable advisory board for advisory purposes only. The grantee agrees to cooperate with reasonable requests for information, through the designated City representative, to support the cable advisory board. 3.65.250 4 City ordinances and regulations. In the event of a conflict between chapter 3.65 SVMCthis code and regulations and the terms of a franchise granted pursuant to chapter 3.65 SVMCunder this chapter, the terms of the franchise shall control subject to the limitation of the City's exercise of the police powers set forth below. Subject to federal and state preemption, the material terms and conditions contained in the franchise may not be unilaterally altered by the City through subsequent amendments to any ordinance, regulation, resolution, or other enactment of the City, except within the lawful exercise of the City's police power. A gQrantee has the right to challenge any City ordinance or regulation that conflicts with its rights under a franchise. A grantee's rights under a franchise are subject to the police powers of the City to adopt and enforce ordinances necessary to protect the health, safety, and welfare of the public, and grantee agrees to comply with all applicable laws and ordinances enacted by the City pursuant to such power so long as the same do not unduly discriminate against grantee. 3.65.260424 Indemnification. No franchise agreement shall be granted under chapter 3.65 SVMC unless it includes an indemnity clause substantially conforming to the following: A. The grantee shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of grantee's acts, errors or omissions, or from the conduct of grantee's business, or from any activity, work or thing done, permitted, or suffered by Ordinance 20 Amending SVMC 3.65 Page 22 of 30 DRAFT grantee arising from or in connection with the franchise, except only such injury or damage as shall have been occasioned by the sole negligence of the City. B. However, should a court of competent jurisdiction determine that the franchise agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the grantee and the City, its officers, officials, employees, and volunteers, the grantee's liability hereunder shall be only to the extent of the grantee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of SVMC 3.65.320. A grantee shall, at its sole cost and expense, indemnify and hold harmless the City, its officials, boards, commissions, agents and employees against any and all third party claims, suits, causes of action, proceedings, and judgments for injury, loss, or damage arising out of the construction, reconstruction, use, operation, ownership and maintenance of the cable system under a franchise agreement, except that no such requirement shall apply where such claims, suits, causes of actions, proceedings, and judgments for damage are occasioned by the active negligence, gross negligence or intentional acts of the City or its officials, boards, commissions, agents and employees while acting on behalf of the City. These damages shall include, but not be limited to, claims made against the City by the franchisee's employees from which the franchisee would otherwise be immune under RCW Title 51, penalties arising out of copyright infringements and damages arising out of any failure by the grantee to secure consents from the owners, not any act or omission complained of is authorized, allowed, or prohibited by a franchise agreement. Indemnified expenses shall include, but not be limited to, all out of pocket expenses, such as costs and attorneys' fees, and shall also include the reasonable value of any services rendered by the office of the city attorney, or any outside consultants employed by the City. Grantee shall not be required to provide indemnification to City for programming cablecast over the access channel administered by City. The City shall give the grantee timely written notice of any claim or of the commencement of any action, .suit or other proceeding covered by the indemnity in this section, but failure to give notice is not a defense to the indemnification obligations except to the extent of actual prejudice. In the event any such claim arises, the City or any other indemnified party shall tender the defense thereof to the grantee and the grantee shall have the obligation and duty to defend, through services of competent counsel satisfactory to it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the City. 3.65.270 Insurance. Any franchise granted pursuant to chapter 3.65 SVMC shall contain the following provisions relating to insurance: A. The grantee shall procure and maintain for the duration of any franchise agreement and as long as grantee has facilities in the rights -of -way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the agreement and use of the rights -of -way. B. No Limitation. The grantee's maintenance of insurance as required by the agreement 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. Ordinance 20 Amending SVMC 3.65 Page 23 of 30 DRAFT C. Minimum Scope of Insurance. The grantee shall obtain insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the grantee's Commercial General Liability insurance policy with respect to any franchise agreement using ISO endorsement CG 20 12 05 09 if the franchise agreement is considered a master permit, or CG 20 26 07 04 if it is not, or substitute endorsement providing at least as broad coverage. 2. Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles. Coverage shall be at least as broad as ISO form CA 00 01. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the grantee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Excess or Umbrella Liability insurance policy. D. Minimum Amounts of Insurance. The grantee shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. 3. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through grantee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. E. Other Insurance Provisions. Grantee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self -insured pool coverage maintained by the City shall be excess of the grantee's insurance and shall not contribute with it. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Verification of Coverage. The grantee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the agreement. H. Subcontractors. The grantee shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the grantee -provided insurance as set forth herein, except the grantee shall have sole responsibility for determining the limits of coverage required to be Ordinance 20 Amending SVMC 3.65 Page 24 of 30 DRAFT obtained by subcontractors. The grantee shall ensure that the City is an additional insured on each and every subcontractor's Commercial General Liability insurance policy using an endorsement as least as broad as ISO CG 20 26. I. Notice of Cancellation. Grantee shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. J. Failure to Maintain Insurance. Failure on the part of the grantee to maintain the insurance as required shall constitute a material breach of agreement, upon which the City may, after giving five business days' notice to the grantee to correct the breach, terminate the agreement or, at its discretion, procure, or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. K. If the grantee is self -insured or becomes self -insured during the term of the franchise agreement, grantee or its affiliated parent entity shall comply with the following: 1. Provide the City, upon request, a copy of grantee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; 2. Grantee or its parent company is responsible for all payments within the self -insured retention; and 3. Grantee assumes all defense and indemnity obligations as outlined in the indemnification section of this agreement. A. Upon the granting of a franchise agreement under this chapter and following simultaneously with the filing of the acceptance of a franchise agreement and at all times during the term of a franchise agreement, the grantee shall obtain, pay all premiums for, and deliver to the City written evidence of payment of premiums for and a certificate of insurance, naming the City as an additional insured, with a company licensed to do business in the State of Washington with a rating by A.M. Best and Co. of not less than "A" or equivalent, for the following: 1. A comprehensive commercial or general liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, commissions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) on account of personal injury, bodily injury or death of a person or persons alleged to have been so caused or occurred, with a minimum combined single limit of $1,000,000 per occurrence, and $2,000,000 general aggregate for personal injury, bodily injury and property damage. 2. A comprehensive automobile liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, commissions, agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) for bodily injury and property damage occasioned by any vehicle operation of the grantee, or alleged to have been so caused or occurred, with a minimum liability of $1,000,000 per person and $5,000,000 in any one accident or occurrence. B. Not less than 30 days prior to its expiration, grantee shall deliver to City a substitute, renewal or replacement policy or bond conforming to the provisions of this chapter. Ordinance 20-, Amending SVMC 3.65 Page 25 of 30 DRAFT 3.65.280344 Performance bond. A. Within 60 days of the effective date of a franchise, grantee shallwill provide a performance bond to the City in the total sum of $250,000, which will remain in effect for the term of the franchise. The performance bond is to ensure the faithful performance of grantee's obligations under the franchise including the payment by the grantee of any penalties, claims, liens, fees, or taxes due the City which arise by reason of the operation, maintenance, or construction of the cable system within the franchise area. B. If a franchise is terminated, or upon expiration, renewal, or transfer of a franchise, the City will return the original bond or sign the necessary documentation to release the bond promptly if grantee does not owe funds to the City or is not in default of a material provision of the franchise. 3.65.290 Procedure for drawing on performance bond. A. The procedure for drawing on the performance bond shall be as follows: 1. If grantee fails to make timely payment to the City of any amount due under a franchise granted pursuant to chapter 3.65.SVMC, the City shall have the right to draw on the performance bond following at least 15 days' advance written notice to grantee, unless the amount due is received within such 15 day period. 2. The time period for lawful withdrawal referenced above may be extended by the City in writing at City's discretion. A grantee may request a hearing pursuant to SVMC 3.65.310 prior to a City draw on the performance bond. This limitation expires upon expiration of the time to request the hearing, or if one is requested by grantee. It expires 30 days after the City's hearings process is concluded, whether or not further court review is requested. This shall not limit the right of a grantee to seek injunctive relief in appropriate cases with respect to said draw. B. Upon drawing funds from the performance bond, the City shall give written notice thereof to the grantee. Not later than 30 days after the mailing or delivery of the notice from the City to grantee advising of the draw, grantee shall restore the performance bond to its full required amount. 3.65.3005.64 Remedies to enforce compliance. A. This section does not apply to revocation of a franchise agreement. Whenever the City seeks to enforce a franchise agreement, it shall first provide written notice to the grantee of the nature of the problem and requested action, together with any applicable time frame for response. Any time limits here or in a franchise agreement may be modified by written agreementstifelatien between€the City and grantee, except time limits relating to revocation of a franchise agreement or where otherwise required by law must be approved by the city council. B. Except in case of urgency or public need relating to management of the public rights -of -way as reasonably determined by the City, the grantee has 30 days from receipt of such notice to respond in writing to the City official sending the notice: 1. Contesting it; Of 2. Accepting it and agreeing to cure as requested within time limits specified; or 3. Requesting additional time or other modifications. In such event, grantee shall promptly take all reasonable steps to cure the default, keeping the City informed as to the steps to be taken and a projected completion date. Ordinance 20 Amending SVMC 3.65 Page 26 of 30 DRAFT C. If the City is not satisfied with the grantee's response, both parties shall meet informally to discuss the matter. If these discussions do not lead to resolution of the problem, the City shall notify the grantee in writing. Grantee may thereafter request a hearing pursuant to SVMC 3.65.310.as provided in this franchise. D. No provision of a franchise is intended to affect the right of either party to seek judicial relief from a violation of any provision of a franchise, or any regulation or directive under a franchise. The existence of other remedies under a franchise does not limit the right of either party to recover monetary damages, or to seek judicial enforcement of obligations by specific performance, injunctive relief or mandate, or any other remedy at law or in equity. 3.65.360 Liquidatcd damagcs. to the City and because it will be impractical to determine the actual amount of such damages, the City and grantee hereby agree upon and specify certain amounts set forth hereafter in this section which fees arc not subject to this section. B. The City shall specify any damages subject to this section and shall include such information in the notice sent to grantee required under SVMC 3.65.350. Such a notice may provide for damages sustained C. To the extent that the City elects to assess liquidated damages as provided in this section, and such liquidated damages have been paid, the parties agree that this shall be the City's sole and exclusive damage remedy in lieu of actual damages; provided, however, this shall not limit the right of the City to neck equitable or other relief as reserved in SVMC 3.65.370. D. Unless otherwise provided, liquidated damages do not accrue after the timely filing of a request for hearing by grantee until the time of a decision from the hearing. Nothing in this section prevents the parties from settling any dispute relating to liquidated damages by mutual stipulation. E. Grantee may cure the breach or violation within the time specified to petition for review to the City's satisfaction, whereupon no liquidated damages are assessed. F. After fulfilling the procedure rcquircd under SVMC 3.65.350, grantee has 30 days to pay such amounts, or grantee may seek review of any assessment of liquidated damages under this section. Liquidated damages shall be immediately payable from the performance bond, if review is not sought or if not paid within the 30 day period by the grantee. G. Schedule of Liquidated Damages. Liquidated damages are set as follows. All amounts accrue per day, specifically provided. Nothing requires the City to assess liquidated damages, acting in its sole discretion, but such event does not operate as waiver or estoppel upon the City. Damages resulting from failure to pay franchise fees or PEG capital contributions may be recovered in whole, without limitation. H. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the following amounts: 1. Five hundred dollars per day for failure to provide cable service as promised in SVMC 3.65.090; $100.00 per day for material departure from the FCC technical performance standards; $50.00 per day for failure to provide the PEG channel or any PEG fcc related thereto which is rcquircd hereunder; $100.00 per day for each material violation of the customer service standards; $25.00 per Ordinance 20 Amending SVMC 3.65 Page 27 of 30 DRAFT day for failure to provide reports or notices as required by this chapter; and $100.00 per day for any material breaches or defaults not enumerated herein. 2. Where grantee has three or more of the same violation or breach events (an "event" may involve applicable damages amounts are doubled. 3.65.31070 Hearings. Except for revocation matters, which are dealt with in SVMC 3.65.320, a gQrantee may request a hearing as follows: A. Grantee may files a written request within 14 days of receipt of a decision it wants reviewed with the city manager. The request does not stay the effect of the decision or obligation to comply or exercise of any remedy available to the City except as otherwise provided. The city manager may conduct the hearing or appoint an alternate hearings officer, who shall not be the person issuing the order or such person's subordinate. For matters exceeding $25,000 reasonably estimated value in controversy as determined by the city manager, the grantee may file a request that the city hearings examiner conduct the hearing. A reasonable filing fee may be set by the hearings examiner or generally applicable ordinances. B. The hearing may be informal and shall be conducted within 20 days, with at least 10 days' prior notice to both sides, unless these time frames are extended by written agreement of the parties. The official conducting the hearing is responsible to keep a record of any materials submitted and shall record the hearing by video or audio tape; for matters exceeding $25,000 reasonable estimated value amount in controversy. A written decision shall be issued within 4-20 days. Either party may appeal the decision to a court of competent jurisdiction within 30 days. C. Except where otherwise provided, at the conclusion of the city hearings process, if grantee remains in default, it shall correct said default within 15 days or as otherwise ordered by the City. In the event the grantee does not cure within such time to the City's reasonable satisfaction, the City may: 1. Seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, or seek other equitable relief; and/or 2. Assess liquidated damages resulting from grantee's default if not already done or Await the conclusion of the judicial process. D. Where grantee seeks judicial review and ultimately prevails, any money judgment against the City shall be paid or may thereafter be offset by grantee, in grantee's discretion, against further franchise fee payments due to the City. In such event, grantee shall notify the City at least 60 days prior to apply the offset. E. Nothing in this section limits the City's right to seek to revoke a franchise agreement pursuant toin— accordance with SVMC 3.65.3240. 3.65.32040 Revocation. A. The City may revoke a franchise agreement granted pursuant to chapter 3.65 SVMCmadc under this chapter and rescind all rights and privileges associated therewith in the following circumstances: 1. Grantee abandons the cable system, fails to cure a nonpayment of a quarterly franchise fee within 30 days of the required payment date, or terminates the cable system's operations; or 2. Grantee has a pattern of failing to perform the material obligations listed under SVMC 3.65.360(H); or Ordinance 20 Amending SVMC 3.65 Page 28 of 30 DRAFT Grantee attempts to evade any material provision of the franchise agreement or practices any fraud or deceit upon the City or subscribers. B. Prior to revocation of a franchise agreement, the City shall give written notice to the grantee of its intent to revoke the franchise agreement, setting forth the exact nature of the noncompliance. The grantee shall have 30 days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the City has not received a timely and satisfactory response from the grantee, it may then seek a revocation of the franchise agreement by the city council in accordance with this section. C. The grantee may file a revocation hearings request within 14 days of the City's written notice of intent to revoke the franchise with the city hearings examiner. The filing fee shall be established by separate resolution, and is considered an appeal of an administrative decision. Any revocation hearing under this subsection shall be consistent with cGhapter 17.90 SVMC, except as specifically set forth in this section. This shall provide the grantee a fair opportunity for full participation, including the right to be represented by legal counsel, and to introduce evidence. Within 20 days of the hearing, the hearing examiner shall issue a recommendation to the city council. At the next available city council meeting with notice provided to the grantee, the city council shall review the city hearing examiner's record and recommendation, allowing the grantee an opportunity to state its position on the matter, reserving the right to set reasonable time limits. Within 60 days after the review, the city council shall determine whether to revoke the franchise agreement; or if the breach at issue is capable of being cured by the grantee, direct the grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the city council determines are reasonable under the circumstances. The city council shall issue a written decision and shall transmit a copy of the decision to the grantee. Any appeal of the decision by the city council shall be to Spokane County Ssuperior Ceourt within 30 days of adoption of the decision. Upon timely appeal, the effect of the revocation is stayed pending final judicial resolution, but this shall not affect accrual of penalties or the right of the City to take any other enforcement action, including curing the default at grantee's expense and liability, also subject to judicial review. The parties shall be entitled to such relief as the court may deem appropriate. D. The city council may, in its sole discretion, take any lawful action that it deems appropriate to enforce the City's rights under the franchise agreement in lieu of revocation. 3.65.33018 Conditions of sale and removal. If a renewal of a franchise agreement is denied or a franchise agreement is lawfully terminated, and the City lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another person, any such acquisition or transfer shall be at a price determined pursuant to the provisions of the Cable Act. Grantee shall have no obligation to remove the Cable System where it utilizes the system to provide other, permitted and lawful, non -cable services and has obtained or is in the process of obtaining a franchise or other local authority to maintain facilitates in the public rights -of -way, or where Grantee is able to find a purchaser of the Cable System who holds such authorization. 3.65.340444 Transfer of rights. A franchise granted under this chapter may not be assigned or transferred without the written approval of the City pursuant to the provisions of the Cable Act. However, grantee can assign or transfer a 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 and for transfers in trust obtained to finance construction or operations of a cable system by pledging the system as collateral. Ordinance 20- , Amending SVMC 3.65 Page 29 of 30 DRAFT Section 2: 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, clause, or phrase of this Ordinance. Section 3: Effective Date. This Ordinance shall be in full force and effect five days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this day of , 2020. CITY OF SPOKANE VALLEY ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 20 Amending SVMC 3.65 Page 30 of 30 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report — Proposed amendments to the Interlocal Cooperation Act Agreement for Establishment of the Spokane County Tourism Promotion Area (TPA interlocal) — requested amendments. GOVERNING LEGISLATION: Chapter 35.101 RCW; RCW 39.34.080. PREVIOUS COUNCIL ACTION TAKEN: March 2004 approval of the TPA interlocal; amendments to the TPA interlocal in 2008 and 2009. Administrative reports August 19, 2014, June 30, 2015, and July 28, 2020. BACKGROUND: As identified in more detail in the July 28, 2020 Request for Council Action (RCA), the City is a party to the TPA interlocal with the City of Spokane and Spokane County for the collection and distribution of funds arising from hotel/motel lodging stays. The current TPA interlocal was amended in 2008 so that it was perpetual unless agreed by all party jurisdictions to amend or terminate it following a public hearing. In 2020, the Legislature amended chapter 35.101 RCW to increase the amount of the special assessment that may be imposed on each room night stay from the previous cap of $2.00, to a cap of $5.00 within the designated tourism promotion area. Additional specific information on the process for amending the TPA interlocal is contained in the July 28, 2020 RCA. The City recently received notice from Spokane County that the requisite number of hoteliers in "certain of the six (6) zones" has requested that Spokane County initiate the process to formally amend the TPA interlocal to increase the maximum assessment from $2.00 per night to $4.00 per night in three of four designated zones, including the hotels in Spokane Valley (Zone B). Zone D would rise from $.50 to $1.00 per night. The additional assessment for all zones would be imposed until June 30, 2027. There are no other proposed changes to the TPA interlocal. The proposed increases cannot be implemented without amending the TPA interlocal, which requires approval from the City of Spokane Valley. A copy of the proposed amendment is attached to this RCA. Over the years, Council has formally and informally asked staff for information regarding the TPA interlocal, including when the renewal or termination date is, how much is collected annually in Spokane Valley, and what entities receive funds, including amounts. In responding to these requests, staff understood from Council that they would like to talk about these issues, including potential amendments to the TPA interlocal, when an opportunity arose. City staff communicated the need to bring the amendment before City Council and that City Council may have other amendments that it would like to discuss. In response, Spokane County noted that the area hoteliers are anxious to amend the TPA interlocal, and specifically requested that the City Council approve these changes quickly, with a placeholder to negotiate for additional changes at a later date. Staff recommends that this is the logical time for Council to discuss potential amendments and propose requests to Spokane and Spokane County. Given the prior discussions by Council, staff recommends City Council consider at least the following: 1. Discuss whether the indefinite term is appropriate, or if they would like to include a provision for a definite term (such as three years), an expiration date, or an allowance for a party to opt out or terminate after a specified timeframe; 2. Discuss what reports might be appropriate, including an annual report to the parties stating how much money was raised in each zone, and how those funds are distributed to the various recipients. This is not intended to be an exclusive list of discussion topics, nor is it intended to inhibit Council from raising additional topics during the discussion. Staff is looking for direction from the Council on how it would like to proceed in discussions with Spokane County and the City of Spokane OPTIONS: (1) Consider the interlocal amendment at a subsequent Council meeting without proposed changes; or (2) request that staff seek changes to the proposed amendment as identified by Council; or (3) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to request that staff seek amendments to the interlocal addressing at least the two items identified above. BUDGET/FINANCIAL IMPACTS: This would depend upon the nature of any changes requested by Council and agreed to by Spokane and Spokane County. STAFF CONTACT: Cary Driskell, City Attorney; Erik Lamb, Deputy City Attorney. ATTACHMENTS: (1) Proposed Amendment No. 3 to the Interlocal Cooperation Agreement for Establishment of Spokane County Tourism Promotion Area; and (2) RCA from July 28, 2020. DRAFT AMENDMENT NO. 3 TO INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA THIS AMENDMENT NO. 3 AGREEMENT ("Amendment No. 3") made and entered into among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 W. Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the "County," the City of Spokane, a municipal corporation of the State of Washington having offices for the transaction of business at 808 West Spokane Falls Blvd. Spokane, Washington 99201, hereinafter referred to as the "City", and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 10210 E. Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "Spokane Valley" together referred to as the "Parties." WITNESSE TH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), Spokane County, through the Board of County Commissioners of Spokane County has the care of county property and the management of county funds and business; and WHEREAS, in 2003, the Washington State Legislature recognized the importance of tourism promotion and passed Engrossed Substitute Senate Bill No. 6026, subsequently codified as chapter 35.101 RCW. Chapter 35.101 authorized the establishment of a Tourism Promotion Area by a county and the levy of special assessments on lodging businesses to fund tourism promotion therein; and WHEREAS, pursuant to the provisions of RCW 35.101.080, the Board of County Commissioners of Spokane County adopted Ordinance No. 04-0211 which established a Tourism Promotion Area having certain boundaries to include the unincorporated area of Spokane County, the City of Spokane, and City of Spokane Valley. Ordinance No. 04-0211 also established a Special Assessment on operators of Lodging Business within the Tourism Promotion Area on the furnishing of lodging; and WHEREAS, Ordinance No. 04-0211, was subsequently amended under Resolution No. 08-0465 to modify the termination section as well as amended under Resolution No. 09-0585 to modify certain special assessment fees identified therein; and WHEREAS, pursuant to the provisions of RCW 35.101.040(2), the Parties entered into an interlocal agreement dated March 9, 2004 and entitled "INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" ("AGREEMENT") wherein a Tourism Promotion Area was formed to include properties within the boundaries of the unincorporated area of Spokane County, the City of Spokane, and the City of Spokane Valley. The AGREEMENT was subsequently amended to modify the termination section ("AMENDMENT NO. 1 AGREEMENT") and further amended to recognize an increase in certain of the Special Assessments on operators of Lodging Businesses within the Tourism Promotion Area ("AMENDMENT NO. 2 AGREEMENT"); and Page 1 of 6 WHEREAS, paragraph 3 of the AGREEMENT provides that any change in the Special Assessment rates for any zone as set forth therein shall be made only by amendment of the resolution of the Board of County Commissioners, with the approval of the City Council of the City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special Assessment rates for any zone or change in the boundaries of any zone shall be made by the Board of County Commissioners of Spokane County except upon affirmative recommendation of the Spokane Hotel and Motel Commission; and WHEREAS, the 2020 Washington State Legislature passed and the Governor signed Engrossed Substitute Senate Bill 6592 ("ESSB 6592"). ESSB 6592 authorized legislative authorities to impose an additional Tourism Promotion Area assessment charge of up to $3 per night per stay on furnishing of lodging by a lodging business located in a Tourism Promotion Area ("additional charge"). Any "additional charge" expires July 1, 2027. To consider the imposition of an "additional charge", signatures of the persons who operate lodging businesses who would pay sixty percent or more of the proposed "additional charge" must be presented to the Board of County Commissioners. The Board of County Commissioners received a petition signed by more than sixty percent of the lodging business who would pay the proposed "additional charge" in certain of the six (6) zones which provided as follows: (Underlined language added, lined out language deleted.) Zone A: $2.00 $4.00 per room/day. $2.00 represents additional charge. Zone B: $2.00 $4.00 per room/day. $2.00 represents additional charge. Zone C: $2.00 $4.00 per room/day. $2.00 represents additional charge. Zone D: $0.50 $1.00 day. per room $0.50 represents additional charge. WHEREAS, consistent with paragraph 3 of the AGREEMENT, the Parties desire to recognize the request of the lodging businesses to impose the additional charge as referenced in the immediately preceding recital which additional charge was adopted by the Board of County Commissioners after a public hearing. NOW, THEREFORE, BE IT HEREBY AGREED by the Parties hereto that the agreement entered into among the Parties dated March 9, 2004 and entitled "INTERLOCAL Page 2 of 6 DRAFT COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" as amended by that agreement entered into among the Parties and entitled "AMENDMENT NO. 1 TO INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" as further amended by that agreement entered into among the Parties and entitled "AMENDMENT NO. 2 TO INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" be and is hereby modified so that paragraph 3 provides as follows: ************************* (Underlined and highlighted language added, lined out and highlighted language deleted.) 3. Levy of Special Assessments on Lodging Businesses within the Spokane County Tourism Promotion Area. A. The Board of County Commissioners of Spokane County will levy Special Assessments on the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area in accordance with the zones and levels of Special Assessments as set forth in Resolution No. 04-0140 as may be subsequently amended by agreement of Spokane County, Spokane and Spokane Valley. B. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Spokane County Tourism Promotion Area shall include the following five (5) zones: Zone A. Zone A encompasses those Lodging Businesses located within the area of the incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by Interstate 90 to the south, Hamilton Street to the east, Indiana Avenue to the north, and Monroe Street to the west. Zone B. Zone B encompasses those Lodging Businesses located within the area of the incorporated city limits of Spokane and the City of Spokane Valley except those Lodging Businesses located in Zone A. Zone C. Zone C encompasses all Lodging Businesses located outside Zones A and B, but within the unincorporated area of Spokane County. Zone D. Zone D encompasses all Lodging Businesses with room revenue under $500,000 per year, situated within the Spokane County Tourism Promotion Area, regardless of their specific location. Zone E. Zone E encompasses Lodging Businesses located within the Tourism Promotion Area, as that term is addressed in WAC 458-20-166 as it presently exists or may be hereinafter amended, other than hotels, motels, and bed Page 3 of 6 DRAFT and breakfast facilities. Lodging Businesses within this zone, as addressed in WAC 458-20-166, would include only (i) trailer camps and recreational vehicle parks which charge for the rental of space to transients for locating or parking house trailers, campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell overnight lodging to person other than students; (iii) private lodging houses, dormitories and bunkhouses operated by or on behalf of businesses and industrial firms or schools soley for the accommodation of employees of such firms or student which are not held out to the public as a place where sleeping accommodations may be obtained; and (iv) guest ranches or summer camps which, in addition to supplying meals and lodging, offer special recreational facilities and instruction in sports boating, riding, outdoor facilities and instruction in sports, boating, riding, and outdoor living. The charge(s) imposed under this section are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410. C. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area operating in the above -described zones will be subject to Special Assessments to be levied as follows: Zone A: S2 40 $4.00 per room/day. $2.00 represents additional charge. Zone B: $09 $4.00 per room/day. $2.00 represents additional charge. Zone C: $?OO $4.00 per room/day. $2.00 represents additional charge. Zone D: $0.50 $1.00 per room/day. $0.50 represents additional charge. Zone E: $0.00 per room or space /day The additional charge identified above shall commence as of and shall automatically expire at midnight on June 30, 2027. Upon the expiration of the additional charge, the previous charge shall be automatically reinstated as of 12:01 a.m. on July 1, 2027. D. Any change in the Special Assessment rates for any zone as set forth hereinabove shall be made only by amendment of the resolution by the Board of County Commissioners, with the approval of the City Council of the City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special Assessment rates for any zone or change in the boundaries of any zone shall be made by the Board of County Commissioners of Spokane County except upon the affirmative recommendation of the Spokane Hotel and Motel Commission. ********************** Page 4 of 6 DRAFT BE IT FURTHER AGREED among the Parties hereto, that but for that change to Paragraph 3 as set forth herein above, all other terms and conditions within the agreement dated March 9, 2004 and entitled "INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" as amended by that document entitled "AMENDMENT NO. 1 TO INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" and that document entitled "AMENDMENT NO. 2 TO INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA" shall remain in full force and effect without any change or modification whatsoever. IN WITNESS WHEREOF the Parties have caused this Agreement No. 3 to be executed on the date and year opposite their respective signature block. This Agreement No. 3 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. The effective date of Agreement No. 2 shall be the last signature date. ATTEST: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Ginna Vasquez Clerk of Board DATED DATED: AL FRENCH, Chair JOSH KERNS, Vice -Chair MARY L. KUNEY, Commissioner CITY OF SPOKANE By: Its: Attest: Approved as to form: City Clerk Assistant City Attorney Page 5 of 6 DATED: ATTEST: CITY OF SPOKANE VALLEY By: Title: Approved as to form: City Clerk City Attorney Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 28, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Tourism Promotion Area Update GOVERNING LEGISLATION: RCW 35.101; Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area (originally executed March 9, 2004). PREVIOUS COUNCIL ACTION TAKEN: Amendments to Interlocal Agreement in 2008 and 2009. Administrative Reports on August 19, 2014 and June 30, 2015. BACKGROUND: Generally. In 2003, the Washington State Legislature enacted RCW 35.101, authorizing the creation of tourism promotion areas to assist in funding tourism promotion at the local level. Under RCW 35.101, cities and counties are authorized to establish a tourism promotion area within their respective jurisdictions and impose a special assessment on lodging businesses with 40 or more units, to fund tourism promotion. Cities and counties may create a multi -jurisdictional tourism promotion area by interlocal agreement. In 2020, the Washington Legislature adopted amendments to RCW 35.101, primarily related to the special assessment amount. Those changes are discussed below. Tourism promotion areas may only be created by petition of lodging business operators. The petition shall describe the proposed area, the proposed uses and projects for the assessments, the estimated rate for the charge, with breakdowns by classification, and shall be signed by the lodging business operators in the proposed area who would pay 60% or more of the proposed charges. After a petition is submitted meeting statutory requirements, the approving legislative body conducts a public hearing and creates the tourism promotion area by ordinance. The ordinance shall specify the description of the boundaries of the area, the initial rate charges broken down by classification, and the uses to which the charges shall be put. Importantly, a county cannot unilaterally create a tourism promotion area in any portion of an incorporated city unless that incorporated city is party to an interlocal agreement regarding the creation of the tourism promotion area. After creation of the tourism promotion area and imposition of charges, the Washington Department of Revenue administers the funds and deposits the collected charges in a local tourism promotion account. The local legislative authority imposing the charge has sole discretion as to how the revenue may be used. The local legislative authority may create an advisory board or commission to make recommendations on the uses of such funds. The local legislative authority may contract with tourism destination marketing organizations to administer the operation of the area. RCW 35.101.050 authorizes a charge of $2.00 per night per unit. Charges may differ by classification (i.e., number of rooms, room revenue, or location within the area) and there may be up to six different classifications within a tourism promotion area. The revenue from a tourism promotion area shall be used for "tourism promotion," which includes: Page 1 of 4 "activities and expenditures designed to increase tourism and convention business, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations." RCW 35.101.010(4). Pursuant to the amendments adopted by the Legislature in 2020, the legislative authority may adopt a charge of up to $3.00 per night per unit in addition to the $2.00 authorized under RCW 35.101.050. Laws of 2020, ch. 215, Sec. 2. To impose the additional $3.00, the legislative authority must receive signatures from lodging business operators who would pay 60% or more of the proposed additional charge, together with (1) proposed uses and projects for the additional charge, (2) total estimate of costs, and (3) the estimated rate for the charge with a proposed breakdown by class of lodging business. Id. With the additional $3.00 charge, the legislative authority may impose a total charge of $5.00 within the tourism promotion area. If the additional charge is imposed, the tourism promotion area must conduct a program review of how the charges were used and the beneficial impacts from the additional charges, including whether the additional charges contributed to an actual increase in the number of tourists coming from at least 50 miles away or from another state or country. The report must be provided to the appropriate committees of the legislature by January 1, 2026. Importantly, the authority to impose the additional $3.00 charge expires in 2027. The Spokane County Tourism Promotion Area. In March 2004, Spokane County, the City of Spokane, and the City of Spokane Valley entered into the Interlocal Cooperation Act Agreement for Establishment of the Spokane County Tourism Promotion Area. It was subsequently amended on May 29, 2008, and August 27, 2009 (as amended, the "TPA Interlocal"). The TPA Interlocal authorizes Spokane County to establish the Spokane County Tourism Promotion Area (the "TPA") encompassing the unincorporated area of Spokane County and the incorporated areas within the boundaries of Spokane and our City. Note that the Cities of Liberty Lake, Millwood, and other local cities are not included within the TPA. The areas within this location are divided into five different zones with special assessments of $2.00 per room, per day for all zones except for Zone D, which has a $0.50 assessment and Zone E, which has no assessment. The zones are as follows: Zone A: Lodging businesses within the downtown core of the City of Spokane. Zone B: The remaining lodging businesses within the City of Spokane and all lodging businesses within the City of Spokane Valley. Zone C: Lodging businesses within the unincorporated area of Spokane County. Zone D: Lodging businesses with room revenue less than $500,000, regardless of location. Zone E: Lodging businesses other than hotels, motels, and bed and breakfast facilities. Such businesses include trailer camps and RV parks, college dormitories, guest ranches and summer camps. As part of the establishment of the TPA, Spokane County created the Spokane Hotel and Motel Commission (the "Hotel/Motel Commission") to advise the Board of County Commissioners on the expenditure of the TPA revenues. The Hotel/Motel Commission consists of 11 members who shall be operators of lodging businesses. Spokane County selects two members and one non- voting ex officio member, Spokane selects four members and one non -voting ex officio member, and the City of Spokane Valley selects two members and one non -voting ex officio member. The Page 2 of 4 TPA is also managed by contract by the Spokane Regional Convention & Visitors Bureau ("Visit Spokane"). The manager administers the activities and programs and prepares the annual budget for the TPA, which is approved by the Board of County Commissioners. TPA Revenues. Under the TPA Interlocal, revenue from the special assessments is allocated by the Board of County Commissioners of Spokane County based on recommendations made by the Hotel/Motel Commission. Revenues from assessments collected within the TPA may be used for (1) funding activities designed to increase tourism promotion and convention business within Spokane County; (2) marketing of convention and business that benefit local tourism and the lodging business within Spokane County; (3) marketing of Spokane County to the travel industry to benefit local tourism and the lodging businesses within the TPA; and (4) marketing of Spokane County to recruit major sporting events in order to promote local tourism and to benefit lodging businesses within the TPA. In its 2020 budget, Spokane County projected approximately $3.75 million in new TPA revenues, up from its projection of $3.5 million for 2019. In actual collections, TPA revenues were $2.97 million in 2019, $2.99 million in 2018, and $2.93 million in 2017. Staff do not have a breakdown of revenues for Spokane Valley (generally Zone B) available for tonight's Council meeting. TPA Fund Uses. The TPA, through the management of Visit Spokane, uses TPA revenues for a variety of purposes, with the majority of distributed revenues to Visit Spokane and the remainder to the Spokane Sports Commission. For 2020, Spokane County awarded Visit Spokane 72% and the Spokane Sports Commission 28% of TPA funds collected in excess of the first $60,000. The County awarded a total of $68,630 to five organizations for small events and programs, including funds for Crave ($7,000) and Winterfest ($25,000) in Spokane Valley. Visit Spokane meets regularly to discuss regional destination packages, on -going promotions, and social media content to promote tourism. This promotion includes the City of Spokane Valley. Such promotion and services have included assistance with the redesign of our City's mobile application and promotion on Visit Spokane's website, advertisements for Valleyfest and Cycle Celebration, maps highlighting the Sullivan Road retail corridor and Auto Row, and advertisement in the "Spokane Regional Visitors Guide" and seasonal e-magazines, amongst others. A copy of Visit Spokane's application for TPA funds to Spokane County is attached for information purposes. Modification to TPA. Originally, the TPA Interlocal provided for a termination date of 2008 with the option of three-year extensions by resolution of each of the governing bodies. However, in 2008, the TPA Interlocal was amended so that it is perpetual. The resolution establishing the TPA may be modified the Spokane Board of County Commissioners after adoption of a resolution of intent and conduction of a public hearing. See TPA Interlocal Sections (3)(D) (modification of the special assessment rates) and (7)(A) (general modifications). Modification of the special assessment rates requires approval of the City Council of the City of Spokane and City Council of the City of Spokane Valley. See TPA Interlocal Section (3)(D). Any modification of the Spokane County Resolution creating the TPA would also likely require a modification to the TPA Interlocal. If the request for modification is made by the lodging businesses that pay 40% or more of the assessments levied within the entire TPA and the Board of County Commissioners does not Page 3 of 4 conduct the public hearing and make a determination on the requested modification, the City may withdraw from the TPA Interlocal with three months' notice. Under the 2020 amendments to RCW 35.101, the additional $3.00 charge may only be added if there is a request from lodging tax operators who pay at least 60% of the charge within the TPA. Further, pursuant to Section 3(D) of the TPA Interlocal, any amendment to the rates requires approval by the City of Spokane Valley City Council and City of Spokane City Council. Other TPAs. At least one local jurisdiction has formed its own TPA. Liberty Lake formed its tourism promotion area in 2004. In 2011, Liberty Lake entered into an agreement with Visit Spokane to manage the Liberty Lake tourism promotion area, much like is done through the Spokane County TPA and TPA Interlocal. As part of the management, Visit Spokane prepares the budget for Liberty Lake approval and then receives and expends the revenues from the Liberty Lake tourism promotion area. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: No direct financial impact to City revenues or expenditures. STAFF CONTACT: Erik Lamb, Deputy City Attorney ATTACHMENTS: 1. TPA Interlocal Agreement; 2008 Amendment to TPA Interlocal Agreement; 2009 Amendment to TPA Interlocal Agreement 2. Economic Development memo regarding TPA (without attachments) 3. Visit Spokane 2020 TPA Funding Application to Spokane County Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 29, 2020 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Trunk Or Treat GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session BACKGROUND: Council requested a brief presentation on the event for last year and what is being done for this year. OPTIONS: Discussion purposes only. No action is required RECOMMENDED ACTION OR MOTION: Discussion purposes only. No action is required BUDGET/FINANCIAL IMPACTS: Undetermined STAFF CONTACT: Chief Ellis ATTACHMENTS: PowerPoint describing Trunk Or Treat in Spokane Valley Community Trunk Or Treat Event Involved groups/sponsors included: SCOPE ➢ SVPD Patrol ➢ Sun City Church ➢ Albertsons and Barney's ➢ Brenda McKinley Realtor ➢ Clark's Automotive ➢ Garden Coffee and Local Eats ➢ Spokane News •1 A Few Details from 2019: • Second year for the event • Held in the parking lot of Sun City Church • Approximately 1700 children participated in the event • Contest on best decorated Patrol Vehicle • Candy donated by many local stores, church, and SVPD personnel • Church provided music and their facility/parking lot • Sponsors provided hot chocolate and apple cider as well as candy • Teal pumpkin had non-food items for those who couldn't have sweets • SIRT assisted with traffic control/parking • Two motors from the Traffic Unit were on site • Air-2 was available to tour • There was one K9 with his handler at the event EVENT CENTER WELCOME CENTER • COVID-19 CDC Guidelines • Per CDC recommendations, some activities such as Trunk or Treat are deemed to be high risk for spreading of the virus that causes COVID-19. Higher risk activities Avoid these higher risk activities to help prevent the spread of the virus that causes COVID-19: ▪ Participating in traditional trick -or -treating where treats are handed to children who go door to door ▪ Having trunk -or -treat where treats are handed out from trunks of cars lined up in large parking lots ▪ Attending crowded costume parties held indoors ▪ Going to an indoor haunted house where people may be crowded together and screaming ▪ Going on hayrides or tractor rides with people who are not in your household ▪ Using alcohol or drugs, which can cloud judgement and increase risky behaviors ▪ Traveling to a rural fall festival that is not in your community if you live in an area with community spread of COVID- 19 5 2021 • SVPD personnel will be in contact with Sun City Church next spring to start begin planning the 2021 Trunk or Treat Event, hoping virus concerns are no longer an issue • Due to the size of the 2019 event, the committee will be looking at possibly a different venue or multiple locations to accommodate the large amount of citizens Questions? To: From: Re: DRAFT ADVANCE AGENDA as of September 24, 2020; 10:30 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 Oct 6, 2020, Study Session, 6:00 p.m. Proclamation: Fire Prevention Week ACTION ITEMS: 1. First Reading Ordinance 20-012 Cable Code Amendment - Cary Driskell 2. Motion Consideration: WSDOT/Flora Road Property Acquisition - Cary Driskell NON -ACTION ITEMS: 2. Cable Franchise TBS - Cary Driskell 3. Nonconforming Uses Code Text Amendment - Lori Barlow 4. Infra Grant Debrief- Adam Jackson 5. Pavement Preservation Surface Treatment - Adam Jackson 6. Advance Agenda - Mayor Wick 7. Info Only: Finance Department Monthly Report [due Tue Sept 291 (10 minutes) (15 minutes) (10 minutes) (10 minutes) (15 minutes) (15 minutes) (5 minutes) [*estimated meeting: 80 mins] Oct 13, 2020, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading Ordinance 20-012 Cable Code Amendment - Cary Driskell 3. First Reading Ordinance 20-013 Nonconforming Use CTA 2020-0003 - L.Barlow 4. Mayoral Appointment Planning Commissioner - Mayor Wick 5. Admin Report: 2021 State Legislative Agenda - C. Driskell, J. Hohman, M. Calhoun 6. Admin Report: City Manager Presents 2021 Preliminary Budget - Mark Calhoun 7. Admin Report: Advance Agenda - Mayor Wick Oct 20, 2020, Study Session, 6:00 p.m. ACTION ITEMS: 1. Motion Consideration: Awards to Outside Agencies - Chelsie Taylor NON -ACTION ITEMS: 2. Incidental and Other Motions According to Roberts Rules of Procedure 3. Advance Agenda - Mayor Wick Oct 27, 2020, Formal Meetin2 Format, 6:00 p.m. 1. Public Hearing #2 - 2021 Budget - Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 20-013 Nonconforming Use CTA 2020-0003 - Lori Barlow 4. First Reading Property Tax Ordinance - Chelsie Taylor 5. Admin Report: 2020 Budget Amendment - Chelsie Taylor 6. Admin Report: Advance Agenda - Mayor Wick 7. Info Only: Department Monthly Reports Nov 3, 2020, Study Session, 6:00 p.m. 1. Advance Agenda - Mayor Wick Nov 10, 2020, Formal Meetin2 Format, 6:00 p.m. 1. Public Hearing: 2020 Budget Amendment - Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Property Tax Ordinance - Chelsie Taylor 4. First Reading Ordinance 2020 Budget Amendment - Chelsie Taylor 5. First Reading Ordinance Adopting 2021 Budget - Chelsie Taylor [due Tue Oct 61 (5 minutes) (15 minutes) (15 minutes) (10 minutes) (15 minutes) (60 minutes) (5 minutes) [*estimated meeting: 125 mins] [due Tue Oct 131 (20 minutes) - Chris Bainbridge (15 minutes) (5 minutes) [due Tue Oct 201 (15 minutes) (5 minutes) (15 mins) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting: 60 mins] [due Tue Oct 271 (5 minutes) [due Tue Nov 31 (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) Draft Advance Agenda 9/24/2020 11:35:58 AM Page 1 of 2 6. Admin Report: Advance Agenda — Mayor Wick (5 minutes) [*estimated meeting: 50 mins] Nov 17, 2020, Study Session, 6:00 p.m. ACTION ITEMS 1. Motion Consideration: Approval of '21 St. Legislative 2. Advance Agenda — Mayor Wick [due Tue Nov 10] Agenda— C.Driskell, J.Hohman, M. Calhoun(15 min) (5 minutes) Nov 24, 2020, Formal Meeting Format, 6:00 p.m. 1. Public Hearing #3 — 2021 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 2020 Budget Amendment — Chelsie Taylor 4. Second Reading Ordinance Adopting 2021 Budget — Chelsie Taylor 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 6. Admin Report: 2021 Fee Resolution — Chelsie Taylor 7. Admin Report: Advance Agenda — Mayor Wick 8. Info Only: Department Monthly Reports [due Tue Nov 10] (10 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (15 minutes) (5 minutes) [*estimated meeting: 70 mins] Dec 1, 2020, Study Session, 6:00 p.m. - Cancelled due to Thanksgiving Holiday December 8, 2020, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Resolution for 2021 Fees (if changes are needed) — Chelsie Taylor 3. Motion Consideration: Award Lodging Tax for 2021 — Chelsie Taylor 4. Admin Report: Tourism Venues — John Hohman 5. Admin Report: Advance Agenda — Mayor Wick Dec 15, 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick December 22, 2020, Regular Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick Dec 29, 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick 2. Info Only: Department Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Arts Council Sculpture Presentations Artwork & Metal Boxes Core Beliefs Resolution Donation Recognition Fee Resolution Cost of Service Analysis Flashing Beacons/School Signage Health District Stats Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol Park Lighting PFD Presentation [due Tue Dec 1] (5 minutes) (10 minutes) (15 minutes) (15 minutes) (5 minutes) Idue Tue Dec 8] (5 minutes) [due Tue Dec 15] (5 minutes) (5 minutes) [due Tue Dec 22] (5 minutes) SPEC Report/Update STA (2021) St. Illumination (owners, cost, location) St. O&M Pavement Preservation Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Signs Draft Advance Agenda 9/24/2020 11:35:58 AM Page 2 of 2