2011, 11-29 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday, November 29, 2011 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSION LEADER SUBJECT /ACTIVITY GOAL
ACTION ITEMS:
1. Cary Driskell First Reading Proposed Advance to 2 Reading
Ordinance 11 -020 Electric Lightwave
Franchise [public comment]
2. Mike Basinger First Reading Proposed Advance to 2n Reading
Ordinance 11 -021 Code Text Amendment
CTA 04 -11, Recycling Facility [public comment]
3. Scott Kuhta Proposed Resolution 11 -010 Adopting Approve Resolution
Planning Commission Revised Rules of
Procedure [public comment]
4. Mark Calhoun Allocation of Lodging Tax Funds Motion Consideration
[public comment]
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NON- ACTION ITEMS:
5. Kelly Konkright Quit Claim Deed, Brown's Park Discussion /Information
6. Cary Driskell Criminal Code Maximum Penalty Discussion /Information
Gross Misdemeanor
7. Inga Note Mission, Flora to Barker Speed Limits Discussion /Information
8. Steve Worley 2012 Discretionary Grant Programs Discussion /Information
9. John Hohman Shoreline Management Discussion /Information
10. Chris Bainbridge Governance Manual Draft Discussion /Information
11. Mayor Towey Advance Agenda Discussion /Information
12. Information Only (will not be discussed or reported): (a) Department Reports (b) Greater Spokane, Inc.
13. Mayor Towey Council Check in Discussion /Information
14. Mike Jackson City Manager Comments Discussion /Information
15. EXECUTIVE SESSION: Pending /Potential Litigation [RCW 42.3010((1)(i)]
ADJOURN
Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always
reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane
Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term
"action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision.
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other
impairments, please contact the City Clerk at (509) 92 1- 1000 as soon as possible so that arrangements may be made.
Study Session Agenda, November 29, 2011 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 29, 2011 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: First Reading Proposed Ordinance 11 -020 - Electric Lightwave, LLC
Telecommunication Facilities Franchise
GOVERNING LEGISLATION: RCW 35A.47.040
PREVIOUS COUNCIL ACTION TAKEN: Consensus on November 15, 2011 to have the matter
brought to Council for a first reading.
BACKGROUND: This agreement with Electric Lightwave, LLC grants a non - exclusive franchise
to construct, maintain, and operate telecommunication facilities within the public rights -of -way of
the City. Electric Lightwave currently has fiber optic cables in the right -of -way. This agreement
grants a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to
install, construct, operate, maintain, replace and use all necessary equipment and facilities to
place telecommunications facilities in, under, on, across, over, through, along or below the
public rights -of -way and public places located in the City, as approved under City permits issued
pursuant to this franchise.
Similar to other franchises with private utility companies, the City collects no fee from this
agreement. The City has superior right to the use of the rights -of -way. The cost of any new
construction or maintenance of Electric Lightwave's facilities shall be solely Electric Lightwave's
expense. The City requires Electric Lightwave to maintain insurance through the entire period of
this agreement.
The City has no previous agreement with Electric Lightwave. Spokane County had a franchise
agreement with Electric Lightwave at the time the City incorporated, but the terms of the
agreement caused it to terminate as a result of incorporation. Currently, Electric Lightwave
provides telecommunication services via approximately 32 miles of cable inside City limits.
The City will need to publish a copy of a summary of the franchise in the newspaper prior to
adoption, at Electric Lightwave's cost. Staff recommends approval of the proposed franchise.
OPTIONS: The Council can approve the franchise, deny the franchise, or request changes
RECOMMENDED ACTION OR MOTION: I move to advance Ordinance 11 -020 authorizing
execution of a telecommunications franchise with Electric Lightwave, LLC to a second reading.
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Cary Driskell, City Attorney; Kelly Konkright, Deputy City Attorney
ATTACHMENTS: Proposed franchise Ordinance 11 -020 with Electric Lightwave, LLC.
Draft telecommunications franchise
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 11 -020
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO ELECTRIC
LIGHTWAVE, LLC TO CONSTRUCT, MAINTAIN AND OPERATE
TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS -OF -WAY
OF THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate
"nonexclusive franchises for the use of public streets, bridges or other public ways, structures or
places above or below the surface of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of electrical energy, signals and other
methods of communication, for gas, steam and liquid fuels, for water, sewer and other private
and publicly owned and operated facilities for public service "; and
WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting
any franchise in a code city for any purpose shall be adopted or passed by the city's legislative
body on the day of its introduction nor for five days thereafter, nor at any other than a regular
meeting nor without first being submitted to the city attorney, nor without having been granted
by the approving vote of at least a majority of the entire legislative body, nor without being
published at least once in a newspaper of general circulation in the city before becoming
effective "; and
WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage;
and
WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance,
subject to its terms and conditions, is in the best interests of the public, and protects the health,
safety, and welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and
terms shall have the meaning set forth below:
1. "City Manager" means the City Manager or designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating, laying, testing, operating, extending, upgrading, renewing,
removing, replacing, and repairing a facility.
Ordinance 11 -020, Electric Lightwave Franchise Page 1 of 16
Draft telecommunications franchise
3. "day" shall mean a 24 -hour period beginning at 12:01 AM. If a
thing or act is to be done in less than seven days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation of time.
4. "franchise area" shall mean the entire geographic area within the
City as it is now constituted or may in the future be constituted.
5. "hazardous substances" shall have the same meaning as RCW
70.105D.020(10).
6. "maintenance, maintaining or maintain" shall mean the work
involved in the replacement and/or repair of facilities, including
constructing, relaying, repairing, replacing, examining, testing, inspecting,
removing, digging and excavating, and restoring operations incidental
thereto.
7. "permittee" shall mean a person or entity who has been granted a
permit by the Permitting Authority.
8. "permitting authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the
rights -of -way.
9. "product" shall refer to the item, thing or use provided by the
Grantee.
10. "public property" shall mean any real estate or any facility owned
by the City.
11. "Public Works Director" shall mean the Spokane Valley Public
Works Director or his/her designee.
12. "right -of -way" shall refer to the surface of and the space along,
above, and below any street, road, highway, freeway, lane, sidewalk, alley,
court, boulevard, parkway, drive, Grantee easement, and /or public way
now or hereafter held or administered by the City.
13. "streets" or "highways" shall mean the surface of, and the space
above and below, any public street, road, alley or highway, within the City
used or intended to be used by the general public, to the extent the City
has the right to allow the Grantee to use them.
14. "telecommunications facilities" shall mean any of the plant,
equipment, fixtures, appurtenances, antennas, and other facilities
necessary to furnish and deliver telecommunications services, including
but not limited to poles with crossarms, poles without crossarms, wires,
Ordinance 11 -020, Electric Lightwave Franchise Page 2 of 16
Draft telecommunications franchise
lines, conduits, cables, communication and signal lines and equipment,
braces, guys, anchors, vaults, and all attachments, appurtenances, and
appliances necessary or incidental to the distribution and use of
telecommunications services. The abandonment by Grantee of any
telecommunications facilities as defined herein shall not act to remove the
same from this definition.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the "City "), hereby grants unto Electric Lightwave, LLC (hereinafter
"Grantee "), a Franchise for a period of 10 years, beginning on the effective date of this
Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and
facilities to place telecommunications facilities in, under, on, across, over, through, along or
below the public rights -of -way and public places located in the City of Spokane Valley, as
approved under City permits issued pursuant to this franchise (hereinafter the "franchise "). This
franchise does not permit Grantee to use such facilities to provide cable services as defined by 47
C.F.R. § 76.5(ff).
Section 3. Fee. No right -of -way use fee is imposed for the term of this franchise.
Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would
apply to any subsequent franchise, if any, between the parties.
Section 4. Cijy Use. The following provisions shall apply regarding City use.
1. Grantee agrees to reserve to the City the right to access four dark fiber strands (2
pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the
City, for sole and exclusive municipal use or designation (the "City Reserved Fibers "). City
agrees that it shall not use the City Reserved Fibers as a public utility provider of
telecommunications business service to the public.
2. The City shall have the right to access by connection to the City Reserved Fibers
at existing Grantee splice points or reasonably established access points within the City limits.
The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers.
Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly
charge of $20.00 per fiber pair per mile in use by the City (the "City Fiber Rate ") unless
otherwise specifically agreed by both the parties in writing and shall enter into Grantee's
standard "Fiber License Agreement" which shall govern the terms and conditions for use of the
City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the
fiber is put into use by the City.
In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber
bundle, then the following shall apply:
A. If the City is using the fibers, then the rate the City shall pay Grantee will
change from the City Fiber Rate to Grantee's standard commercial rate.
Ordinance 11 -020, Electric Lightwave Franchise Page 3 of 16
Draft telecommunications franchise
B. If the City is not using the fibers, the City shall have the option of abandoning
the City Reserved Fibers in lieu of paying Grantee's standard commercial rate.
3. The City shall pay all costs associated with constructing any connection to the
City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of
this Franchise Ordinance ( "Reserved Fiber Term ").
4. Consistent with RCW 35.99.070, at such time when Grantee is constructing,
relocating, or placing ducts or conduits in public rights -of -way, the Public Works Director may
require Grantee to provide the City with additional duct or conduit and related structures, at
incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or
conduits provided by Grantee under this section shall only be used for City municipal purposes.
A. The City shall not require that the additional duct or conduit space be
connected to the access structures and vaults of the Grantee.
B. This section shall not affect the provision of an institutional network by a cable
television provider under federal law.
C. Grantee shall notify the Public Works Director at least 14 days prior to opening
a trench at any location to allow the City to exercise its options as provided
herein.
Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one
publication of this franchise in a local newspaper, and required legal notices prior to any public
hearing regarding this franchise, contemporaneous with its acceptance of this franchise. Grantee
shall be subject to all permit and inspection fees associated with activities undertaken through the
authority granted in this franchise or under City Code. Grantee shall be subject to all permit and
inspection fees associated with activities undertaken through the authority granted in this
franchise or under City Code.
Section 6. Non-Exclusivity. This franchise is granted upon the express condition that
it shall not in any manner prevent the City from granting other or further franchises or permits in
any rights -of -way. This and other franchises shall, in no way, prevent or prohibit the City from
using any of its rights -of -way or affect its jurisdiction over them or any part of them.
Section 7. Non- Interference with Existing Facilities. The City shall have prior and
superior right to the use of its rights -of -way and public properties for installation and
maintenance of its facilities and other governmental purposes. The City hereby retains full
power to make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacation of same as the City may deem fit, including the dedication,
establishment, maintenance, and improvement of all new rights -of -way, streets, avenues,
thoroughfares and other public properties of every type and description. Any and all such
removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060
provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications
facilities by the date established by the Public Works Director's written notice to Grantee and in
Ordinance 11 -020, Electric Lightwave Franchise Page 4 of 16
Draft telecommunications franchise
accordance with RCW 35.99.060, the City may cause and /or effect such removal, adjustment or
relocation, and the expense thereof shall be paid by Grantee.
The owners of all utilities, public or private, installed in or on such public properties prior
to the installation of the telecommunications facilities of the Grantee, shall have preference as to
the positioning and location of such utilities so installed with respect to the Grantee. Such
preference shall continue in the event of the necessity of relocating or changing the grade of any
such public properties.
Grantee's telecommunications facilities shall be constructed and maintained in such
manner as not to interfere with any public use, or with any other pipes, wires, conduits or other
facilities that may have been laid in the rights -of -way by or under the City's authority. If the
work done under this franchise damages or interferes in any way with the public use or other
facilities, the Grantee shall wholly and at its own expense make such provisions necessary to
eliminate the interference or damage to the satisfaction of the Public Works Director.
Section 8. Construction Standards. All work authorized and required hereunder shall
comply with all generally applicable City Codes and regulations. Grantee shall also comply with all
applicable federal and state regulations, laws and practices. Grantee is responsible for the
supervision, condition, and quality of the work done, whether it is by itself or by contractors,
assigns or agencies. Application of said federal, state, and City Codes and regulations shall be
for the purposes of fulfilling the City's public trustee role in administering the primary use and
purpose of public properties, and not for relieving the Grantee of any duty, obligation, or
responsibility for the competent design, construction, maintenance, and operation of its
telecommunications facilities. Grantee is responsible for the supervision, condition, and quality
of the work done, whether it is by itself or by contractors, assigns or agencies.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered
by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and
utilities to share such excavated trenches, provided that (1) such joint use shall not unreasonably
delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's
telecommunications facilities or safety thereof. Joint users will be required to contribute to the
costs of excavation and filling on a pro -rata basis.
Section 9. Protection of Monuments. Grantee shall comply with applicable state
laws relating to protection of monuments.
Section 10. Tree Trimming. The Grantee shall have the authority to conduct pruning
and trimming for access to Grantee's telecommunications facilities in the rights -of -way subject to
compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and
expense.
Section 11. Emergency Response. The Grantee shall, within 30 days of the execution
of this franchise, designate one or more responsible people and an emergency 24 -hour on -call
personnel and the procedures to be followed when responding to an emergency. After being
Ordinance 11 -020, Electric Lightwave Franchise Page 5 of 16
Draft telecommunications franchise
notified of an emergency, Grantee shall cooperate with the City to immediately respond with
action to aid in the protection the health and safety of the public.
In the event the Grantee refuses to promptly take the directed action or fails to fully
comply with such direction, or if emergency conditions exist which require immediate action to
prevent imminent injury or damages to persons or property, the City may take such actions as it
believes are necessary to protect persons or property and the Grantee shall be responsible to
reimburse the City for its costs and any expenses.
Section 12. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for
becoming familiar with, and understanding, the provisions of Washington's One -Call statutes.
Grantee shall comply with the terms and conditions set forth in the One -Call statutes.
Section 13. Safety. All of Grantee's telecommunications facilities in the rights -of -way
shall be constructed and maintained in a safe and operational condition. Grantee shall follow all
safety codes and other applicable regulations in the installation, operation, and maintenance of
the telecommunications facilities.
Section 14. Movement of Grantee's Telecommunications Facilities for Others.
Whenever any third party shall have obtained permission from the City to use any right—of-way
for the purpose of moving any building or other oversized structure, Grantee, upon 14 days'
written notice from the City, shall move, at the expense of the third party desiring to move the
building or structure, any of Grantee's telecommunications facilities that may obstruct the
movement thereof, provided, that the path for moving such building or structure is the path of
least interference to Grantee's telecommunications facilities, as determined by the City. Upon
good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to
move its telecommunications facilities.
Section 15. Acquiring New Telecommunications Facilities. Upon Grantee's
acquisition of any new telecommunications facilities in the rights -of -way, or upon any addition
or annexation to the City of any area in which Grantee retains any such telecommunications
facilities in the rights -of -way, the Grantee shall submit to the City a written statement describing
all telecommunications facilities involved, whether authorized by franchise or any other form of
prior right, and specifying the location of all such facilities. Such facilities shall immediately be
subject to the terms of this franchise.
Section 16. Dangerous Conditions - Authority of City to Abate. Whenever
excavation, installation, construction, repair, maintenance, or relocation of telecommunications
facilities authorized by this franchise has caused or contributed to a condition that substantially
impairs the lateral support of the adjoining right -of -way, road, street or other public place, or
endangers the public, adjoining public or private property or street utilities, the City may direct
Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and
property. The City may require that such action be completed within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City,
or fails to fully comply with such directions, or if emergency conditions exist which require
Ordinance 11 -020, Electric Lightwave Franchise Page 6 of 16
Draft telecommunications franchise
immediate action, the City may enter upon the property and take such actions as are necessary to
protect the public, adjacent public or private property, or street utilities, or to maintain the lateral
support thereof, and all other actions deemed by the City to be necessary to preserve the public
safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to
the extent caused by Grantee.
Section 17. Hazardous Substances. Grantee shall comply with all applicable federal,
state and local laws, statutes, regulations and orders concerning hazardous substances relating to
Grantee's telecommunications facilities in the rights —of -way. Grantee agrees to indemnify the
City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by
the City arising out of the release or threat of release of hazardous substances caused by
Grantee's ownership or operation of its telecommunications facilities within the City's right -of-
way.
Section 18. Environmental. Grantee shall comply with all environmental protection
laws, rules, recommendations, and regulations of the United States and the State of Washington,
and their various subdivisions and agencies as they presently exist or may hereafter be enacted,
promulgated, or amended, and shall indemnify and hold the City harmless from any and all
damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully
to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's
acts or activities were intentional or unintentional. Grantee shall further indemnify the City
against all losses, costs, and expenses (including legal expenses) which the City may incur as a
result of the requirement of any government or governmental subdivision or agency to clean
and /or remove any pollution caused or permitted by Grantee, whether said requirement is during
the term of the franchise or subsequent to its termination.
Section 19. Relocation of Telecommunications Facilities. Grantee agrees and
covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or
remove from any street any of its telecommunications facilities when so required by the City in
accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases
have the privilege to temporarily bypass, in the authorized portion of the same street upon
approval by the City, any section of its telecommunications facilities required to be temporarily
disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee's then -
existing telecommunications facilities, the City shall:
A. At least 60 days prior to the commencement of such improvement project,
provide Grantee with written notice requiring such relocation; and
B. Provide Grantee with copies of pertinent portions of the plans and
specifications for such improvement project and a proposed location for Grantee's
telecommunications facilities so that Grantee may relocate its telecommunications
facilities in other City rights -of -way in order to accommodate such improvement
proj ect.
Ordinance 11 -020, Electric Lightwave Franchise Page 7 of 16
Draft telecommunications franchise
C. After receipt of such notice and such plans and specification, Grantee shall
complete relocation of its telecommunications facilities at no charge or expense to
the City so as to accommodate the improvement project in accordance with RCW
35.99.060 (2).
Grantee may, after receipt of written notice requesting a relocation of its
telecommunications facilities, submit to the City written alternatives to such relocation. The City
shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives
are suitable to accommodate the work which would otherwise necessitate relocation of the
telecommunications facilities. If so requested by the City, Grantee shall submit additional
information to assist the City in making such evaluation. The City shall give each alternative
proposed by Grantee full and fair consideration. In the event the City ultimately determines that
there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as
otherwise provided in this section.
The provisions of this section shall in no manner preclude or restrict Grantee from
making any arrangements it may deem appropriate when responding to a request for relocation
of its telecommunications facilities by any person or entity other than the City, where the
telecommunications facilities to be constructed by said person or entity are not or will not
become City owned, operated or maintained facilities, provided that such arrangements do not
unduly delay a City construction project.
If the City or a contractor for the City is delayed at any time in the progress of the work
by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall
indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent
arising out of or in connection with such delays, except for delays and damages caused by the
City. This provision may not be waived by the parties except in writing.
Section 20. Abandonment of Grantee's Telecommunications Facilities. No
telecommunications facilities constructed or owned by Grantee may be abandoned without the
express written consent of the City.
Section 21. Maps and Records Required. Grantee shall provide the City, at no cost to
the City:
1. A route map that depicts the general location of the Grantee's telecommunications
facilities placed in the rights -of -way. The route map shall identify telecommunications facilities as
aerial or underground and is not required to depict cable types, number of fibers or cables, electronic
equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic
format of the aerial /underground telecommunications facilities in relation to the right -of -way
centerline reference to allow the City to add this information to the City's Geographic Information
System ( "GIS ") program. The information in this subsection shall be delivered to the City by
December 1, annually.
Ordinance 11 -020, Electric Lightwave Franchise Page 8 of 16
Draft telecommunications franchise
2. In addition to subsection 1 of this section, the City may request that Grantee to
provide the information described in subsection 1 of this section. To the extent such requests are
limited to specific telecommunications facilities at a given location within the franchise area in
connection with the construction of any City project, Grantee shall provide to the City, upon the
City's reasonable request, copies of available drawings in use by Grantee showing the location of
such telecommunications facilities. Grantee shall field locate its telecommunications facilities in
order to facilitate design and planning of City improvement projects.
3. Upon written request of the City, Grantee shall provide the City with the most recent
update available of any plan of potential improvements to its telecommunications facilities
within the franchise area; provided, however, any such plan so submitted shall be deemed
confidential and for informational purposes only, and shall not obligate Grantee to undertake any
specific improvements within the franchise area. The information in this subsection shall be
delivered to the City by December 1, annually.
4. In addition to the requirements of subsection 1 of this section, the parties agree to
periodically share GIS files upon written request, provided Grantee's GIS files are to be used
solely by the City for governmental purposes. Any files provided to Grantee shall be restricted
to information required for Grantee's engineering needs for construction or maintenance of
telecommunications facilities that are the subject of this franchise. Grantee is prohibited from
selling any GIS information obtained from City to any third parties.
5. Public Disclosure Act. Grantee acknowledges that information submitted to the City
may be subject to inspection and copying under the Washington Public Disclosure Act codified
in RCW 42.56. Grantee shall mark as "PROPRIETARY /CONFIDENTIAL" each page or
portion thereof of any documentation /information which it submits to the City and which it
believes is exempt from public inspection or copying. The City agrees to timely provide the
Grantee with a copy of any public disclosure request to inspect or copy
documentation /information which the Grantee has provided to the City and marked as
"PROPRIETARY /CONFIDENTIAL" prior to allowing any inspection and /or copying as well as
provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with
its written basis for non - disclosure of the requested documentation /information. In the event the
City disagrees with the Grantee's basis for non - disclosure, the City agrees to withhold release of
the requested documentation /information in dispute for a reasonable amount of time to allow
Grantee an opportunity to file a legal action under RCW 42.56.540.
Section 22. Limitation on Future Work. In the event that the City constructs a new
street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street
except as set forth in the City's then - adopted regulations relating to street cuts and excavations.
Section 23. Reservation of Rights by City. The City reserves the right to refuse any
request for a permit to extend telecommunications facilities. Any such refusal shall be supported
by a written statement from the Public Works Director that extending the telecommunications
facilities, as proposed, would interfere with the public health, safety or welfare.
Section 24. Remedies to Enforce Compliance. In addition to any other remedy
Ordinance 11 -020, Electric Lightwave Franchise Page 9 of 16
Draft telecommunications franchise
provided herein, the City reserves the right to pursue any remedy to compel or force Grantee
and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or
remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation
for breach of the conditions herein.
Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to
direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances
regulating the performance of the conditions of this franchise, including any reasonable
ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to control by appropriate
regulations the location, elevation, and manner of construction and maintenance of any
telecommunications facilities by Grantee, and Grantee shall promptly conform with all such
regulations, unless compliance would cause Grantee to violate other requirements of law_
In the event of a conflict between the Municipal Code and this franchise, City Code shall
control.
Section 26. Vacation. The City may vacate any City road, right -of -way or other City
property which is subject to rights granted by this franchise in accordance with state and local
law. Any relocation of telecommunications facilities resulting from a street vacation shall
require a minimum of 180 days notice as provided for in section 37.
Section 27. Indemnification.
1. Grantee hereby releases covenants not to bring suit and agrees to indemnify, defend and
hold harmless the City, its officers, employees, agents and representatives from any and all
claims, costs, judgments, awards or liability to any person arising from injury, sickness or death
of any person or damage to property:
A. For which the negligent acts or omissions of grantee, its agents, servants,
officers or employees in performing the activities authorized by a franchise are
the proximate cause;
B. By virtue of grantee's exercise of the rights granted herein;
C. By virtue of the City permitting grantee's use of the City's rights -of -ways
or other public property;
D. Based upon the City's inspection or lack of inspection of work performed
by grantee, its agents and servants, officers or employees in connection with work
authorized on the facility or property over which the City has control, pursuant to
a franchise or pursuant to any other permit or approval issued in connection with a
franchise;
E. Arising as a result of the negligent acts or omissions of grantee, its agents,
servants, officers or employees in barricading, instituting trench safety systems or
Ordinance 11 -020, Electric Lightwave Franchise Page 10 of 16
Draft telecommunications franchise
providing other adequate warnings of any excavation, construction or work upon
the facility, in any right -of -way, or other public place in performance of work or
services permitted under a franchise; or
F. Based upon radio frequency emissions or radiation emitted from grantee's
equipment located upon the facility, regardless of whether grantee's equipment
complies with applicable federal statutes and /or FCC regulations related thereto.
2. Grantee's indemnification obligations pursuant to subsection 1 of this section shall
include assuming potential liability for actions brought by grantee's own employees and the
employees of grantee's agents, representatives, contractors and subcontractors even though
grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It
is expressly agreed and understood that this assumption of potential liability for actions brought
by the aforementioned employees is limited solely to claims against the City arising by virtue of
grantee's exercise of the rights set forth in a franchise. The obligations of grantee under this
subsection has been mutually negotiated by the parties, and grantee acknowledge that the City
would not enter into a franchise without grantee's waiver. To the extent required to provide this
indemnification and this indemnification only, grantee waives its immunity under RCW Title 51
as provided in RCW 4.24.115.
3. Inspection or acceptance by the City of any work performed by grantee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Provided, that grantee has been given prompt written notice by the City of any
such claim, said indemnification obligations shall extend to claims which are not reduced to a
suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation. The City has the right to defend or participate in the defense of any
such claim, and has the right to approve any settlement or other compromise of any such claim.
4. In the event that grantee refuses the tender of defense in any suit or any claim, said tender
having been made pursuant to this section, and said refusal is subsequently determined by a court
having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to
have been a wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs
for defense of the action, including all reasonable expert witness fees, reasonable attorneys' fees,
the reasonable costs of the City, and reasonable attorneys' fees of recovering under this
subsection.
5. The obligations of grantee under the indemnification provisions of this section shall apply
regardless of whether liability for damages arising out of bodily injury to persons or damages to
property were caused or contributed to by the concurrent negligence of the City, its officers,
agents, employees or contractors. The provisions of this section, however, are not to be
construed to require the grantee to hold harmless, defend or indemnify the City as to any claim,
demand, suit or action which arises out of the sole negligence of the City. In the event that a
court of competent jurisdiction determines that a franchise is subject to the provisions of RCW
4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to
conform to said statute and liability shall be allocated as provided herein.
Ordinance 11 -020, Electric Lightwave Franchise Page 11 of 16
Draft telecommunications franchise
6. Notwithstanding any other provisions of this section, grantee assumes the risk of damage
to its telecommunication facilities located in the rights -of -way and upon City -owned property
from activities conducted by the City, its officers, agents, employees and contractors, except to
the extent any such damage or destruction is caused by or arises from any willful or malicious
action or gross negligence on the part of the City, its officers, agents, employees or contractors.
Grantee releases and waives any and all such claims against the City, its officers, agents,
employees or contractors. Grantee further agrees to indemnify, hold harmless and defend the
City against any claims for damages, including, but not limited to, business interruption damages
and lost profits, brought by or under users of grantee's facilities as the result of any interruption
of service due to damage or destruction of grantee's facilities caused by or arising out of
activities conducted by the City, its officers, agents, employees or contractors, except to the
extent any such damage or destruction is caused by or arises from the sole negligence or any
willful or malicious actions on the part of the City, its officers, agents, employees or contractors.
7. The provisions of this section shall survive the expiration, revocation or termination of
this franchise.
Section 28. Insurance. Grantee shall procure and maintain for the duration of the
franchise, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the exercise of the rights, privileges and authority granted
hereunder to Grantee, its agents, representatives or employees.
Applicant's maintenance of insurance as required by this franchise shall not be construed
to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit
the City's recourse to any remedy available at law or in equity.
1. Automobile Liability insurance with limits no less than $1,000,000 Combined
Single Limit per accident for bodily injury and property damage. This insurance
shall cover all owned, non - owned, hired or leased vehicles used in relation to this
franchise. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage; and
2. Commercial General Liability insurance shall be written on Insurance Services
Office (ISO) occurrence form CG 00 01, or a substitute form providing equivalent
liability coverage acceptable to the City, and shall cover products liability. The
City shall be a named as an insured under the Applicant's Commercial General
Liability insurance policy using ISO Additional Insured -State or Political
Subdivisions - Permits CG 20 12 or a substitute endorsement acceptable to the City
providing equivalent coverage. Coverage shall be written on an occurrence basis
with limits no less than $1,000,000 Combined Single Limit per occurrence and
$2,000,000 general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products /completed operations; broad form property; explosion, collapse and
underground (XCU); and Employer's Liability.
Ordinance 11 -020, Electric Lightwave Franchise Page 12 of 16
Draft telecommunications franchise
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Commercial General Liability insurance:
A: VII.
I. The Grantee's insurance coverage shall be primary insurance with respect to the
City as outlined in the Indemnification section of this franchise. Any insurance,
self - insurance, or insurance pool coverage maintained by the City shall be in
excess of the Grantee's insurance and shall not contribute with it.
2. The Grantee's insurance shall be endorsed to state that coverage shall not be
cancelled, except after thirty (30) days prior written notice has been given to the
City.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
Grantee shall furnish the City with original certificates and a copy of any amendatory
endorsements, including the additional insured endorsement, evidencing the insurance
requirements of the Grantee prior to the adoption of this Ordinance.
Any failure to comply with the reporting provisions of the policies required herein shall
not affect coverage provided to the City, its officers, officials, employees or volunteers.
Section 29. Performance Bond Relating to Construction Activity. Before undertaking
any of the work, installation, improvements, construction, repair, relocation or maintenance
authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in
the performance of this franchise, shall, upon the request of the City, furnish a bond executed by
Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in
the State of Washington, in such sum as may be set and approved by the City, not to exceed
twenty -five thousand dollars, as sufficient to ensure performance of Grantee's obligations under
this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants,
terms and conditions and shall faithfully perform all of the obligations of this franchise, and to
repair or replace any defective work or materials discovered in the City's road, streets, or
property. Said bond shall remain in effect for the life of this franchise. In the event Grantee
proposes to construct a project for which the above - mentioned bond would not ensure
performance of Grantee's obligations under this franchise, the City is entitled to require such
larger bond as may be appropriate under the circumstances.
Section 30. Modification. The City and Grantee hereby reserve the right to alter,
amend or modify the terms and conditions of this franchise upon written agreement of both
parties to such alteration, amendment or modification.
Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply
with any of the provisions of this franchise, or through willful or unreasonable negligence fails to
heed or comply with any notice given Grantee by the City under the provisions of this franchise,
and an adequate opportunity to cure the violation or non - compliance has been given in writing to
Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and
Ordinance 11 -020, Electric Lightwave Franchise Page 13 of 16
Draft telecommunications franchise
this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice
to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other
legal rights and remedies, to obtain an order from the Spokane County Superior Court
compelling Grantee to comply with the provisions of this franchise and to recover damages and
costs incurred by the City by reason of Grantee's failure to comply.
Section 32. Assignment. This franchise may not be assigned or transferred without
the written approval of the City, except that Grantee can assign this franchise without approval
of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity
that acquires all or substantially all the assets or equity of Grantee, by merger, sale, consolidation
or otherwise.
Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the
Grantee must accept the franchise herein by filing with the City Clerk an unconditional written
acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall
be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after
the expiration of the 60 -day period, absolutely cease, unless the time period is extended by
ordinance duly passed for that purpose.
Section 34. Survival. All of the provisions, conditions and requirements of sections:
5, 6, 7, 13, 16, 17, 18, 27, 28, 29, 37 and 38 of this franchise shall be in addition to any and all
other obligations and liabilities Grantee may have to the City at common law, by statute, by
ordinance, or by contract, and shall survive termination of this franchise, and any renewals or
extensions hereof. All of the provisions, conditions, regulations and requirements contained in
this franchise shall further be binding upon the heirs, successors, executors, administrators, legal
representatives and assigns of Grantee and City and all privileges, as well as all obligations and
liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they
were specifically mentioned herein.
Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of
the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the
right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any
other provision of the franchise, or may terminate the franchise.
Section 36. Renewal. Application for extension or renewal of the term of this
franchise shall be made no later than 180 days of the expiration thereof. In the event the time
period granted by this franchise expires without being renewed by the City, the terms and
conditions hereof shall continue in effect until this franchise is either renewed or terminated by
the City.
Section 37. Notice. Any notice or information required or permitted to be given by or
to the parties under this franchise may be sent to the following addresses unless otherwise
specified, in writing:
Ordinance 11 -020, Electric Lightwave Franchise Page 14 of 16
Draft telecommunications franchise
The City: City of Spokane Valley
Attn: City Clerk
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
Grantee: Electric Lightwave, LLC
Attn: Department of Law & Policy,
1201 NE Lloyd Blvd., Ste 500
Portland, Oregon 97232
Phone: 503- 453 -8000
Facsimile: 503- 453 -8223
Section 38. Choice of Law. Any litigation between the City and Grantee arising under
or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior
Court, and if in the federal courts, in the United States District Court for the Eastern District of
Washington.
Section 39. Non - Waiver. The City shall be vested with the power and authority to
reasonably regulate the exercise of the privileges permitted by this franchise in the public
interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of
this franchise by reason of any failure of the City to enforce prompt compliance, nor does the
City waive or limit any of its rights under this franchise by reason of such failure or neglect.
Section 40. Entire Agreement. This franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of
Grantee to occupy the City roads as herein described.
Section 41. Effective Date. This Ordinance shall be in full force and effect five days
after publication of the Ordinance or a summary thereof occurs in the official newspaper of the
City of Spokane Valley as provided by law.
PASSED by the City Council this day of , 201
Mayor, Thomas E. Towey
ATTEST:
Christine Bainbridge, City Clerk
Ordinance 11 -020, Electric Lightwave Franchise Page 15 of 16
Draft telecommunications franchise
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Accepted by Electric Lightwave, LLC:
0
The Grantee, Electric Lightwave, LLC, for itself, and for its successors and assigns, does
accept all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, has signed this
day of , 201_ Subscribed and sworn before me this day of , 201
Notary Public in and for the State of
residing in
My commission expires
Ordinance 11 -020, Electric Lightwave Franchise Page 16 of 16
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 29, 2011 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. Report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: First Reading Proposed Ordinance 11 -021 Amending Spokane Valley
Municipal Code (SVMC)
GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: The intent of the proposed privately initiated text amendment is to allow
recycling facilities in Corridor Mixed Use (CMU), Community Commercial (C), and Regional
Commercial (RC) zones. Currently, the Spokane Valley Municipal Code (SVMC) permits
recycling in the Light Industrial (LI) and Heavy Industrial (HI) zones in conjunction with solid
waste transfer sites.
The applicant proposes to amend the SVMC to add a Recycle Facility to Section 19.120
Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the
Supplemental Permitted Use Regulations; and Appendix A, Definitions.
The Planning Commission conducted a public hearing on October 27 to accept public
testimony and deliberate on the proposed amendment. At the conclusion of the hearing, the
Planning Commission voted 5 -1 to recommend approval of the proposed amendment. An
administrative report was provided to City Council on November 15, 2011.
OPTIONS: Advance Ordinance 11 -021 to a second reading, with or without minor changes; or
remand substantial changes back to the Planning Commission for a future scheduled public
hearing.
RECOMMENDED ACTION OR MOTION: Move to advance ordinance 11 -021, Regarding Code
Text Amendment CTA 04 -11, to a second reading.
BUDGET /FINANCIAL IMPACTS: None
STAFF CONTACT: Mike Basinger, AICP, Senior Planner
ATTACHMENTS:
1. Draft Ordinance 11 -021
2. PowerPoint Presentation
3. Staff Report and Recommendation to the Planning Commission
4. Planning Commission Findings and Recommendation
S. Draft Minutes of October 27, 2011 Planning Commission Meeting
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 11 -021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER
19.120 PERMITTED AND ACCESSORY USES; SECTIONS 19.60.050B, 19.60.060B,
19.060.080B OF THE SUPPLEMENTAL PERMITTED USE REGULATIONS;
APPENDIX A, DEFINITIONS, AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC)
pursuant to Ordinance 07 -015, on September 25, 2007; and
WHEREAS, the UDC became effective on October 28, 2007; and
WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of
Non - significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the
DNS at City Hall, and at the main branch of the library, and mailed the DNS to all affected public
agencies; and
WHEREAS, the City provided a copy of the proposed amendment to Washington State
Department of Commerce (DOC) initiating, a 60 -day comment period pursuant to RCW 36.70A.106; and
WHEREAS, the amendment, as is set forth below, bears a substantial relation to the public
health, safety and welfare and protection of the environment; and
WHEREAS, on October 13, 2011, the Planning Commission reviewed the proposed
amendments; and
WHEREAS, on October 27, 2011, the Planning Commission held a public hearing and received
evidence, information, public testimony, a staff report and with a recommendation; and
WHEREAS, on October 27, 2011, the Planning Commission deliberated and provided a
recommendation; and
WHEREAS, on November 15, 2011, City Council reviewed the proposed amendments; and
WHEREAS, on November 29, 2011, City Council considered a first ordinance reading to adopt
the proposed amendment.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH
BELOW:
Section One SVMC Title 19 shall be amended as follows:
19.60.050C, Community Commercial district.
A. The Community Commercial classification designates areas for retail, service and office
establishments intended to serve several neighborhoods. Community Commercial areas should not be
larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip
commercial development. Community Commercial centers may be designated through the adoption
of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning.
Ordinance 11 -021, Code Text Amendment, Recycling Facility Page 1 of 4
DRAFT
Residences in conjunction with business and/or multifamily developments may be allowed with
performance standards that ensure compatibility.
B. Supplemental Permitted Use Regulations.
Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics;
provided, that:
a. There are no outside runs or areas;
b. The structure(s) housing animals is adequately soundproof to meet the requirements
of Chapter 173 -60 WAC;
c. One parking stall provided for every 10 animal confinement areas; and
d. Compliance with noise standards for a commercial noise source as identified by
WAC 173 -60 -040 has been demonstrated by the applicant.
2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met.
All storage in the C district shall be within an enclosed building; provided, that retail products
which are for sale or rental may be displayed outdoors during business hours only, so long as the
storage does not occur within any required front or flanking street yard or in any public street or
right -of -way. Vehicles, machinery or other items normally displayed for sales purposes on an
open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants
thereof shall be stored or displayed out of doors.
4. Recvclina facility provided that:
a. All recyclable materials and equipment must be contained indoors,
b. All activities must meet the noise requirements of SVMC 7.05.040L,
c. When adjacent to an existing residential use or residential zone, screening in SVMC
22.70.03013 shall be required;
d. The site must have frontage on an existing arterial or state highway and access will
be limited to such frontage; and
e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be
recycled or processed on site.
19.60.060 RC, Regional Commercial district.
A. The Regional Commercial designation allows a large range of commercial and business uses.
Community design guidelines address design quality, mixed use, and the integration of auto,
pedestrian, and transit circulation.
B. Supplemental Permitted Use Regulations.
Caretaker dwelling unit limited to custodial, maintenance, management or security of a
commercial property.
All storage in the RC district shall be within an enclosed building or within an area screened by a
Type I screen consistent with the provisions of SVMC 22.70.030; provided, that retail products
which are for sale or rental may be displayed outdoors during business hours only, so long as the
storage does not occur within any required front or flanking street yard or in any public street or
right -of -way. Automobiles, recreational vehicles, machines and other items normally displayed
for sales purposes on an open lot may be so displayed.
Ordinance 11 -021, Code Text Amendment, Recycling Facility Page 2 of 4
DRAFT
Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics;
provided, that:
a. There are no outside runs or areas;
b. The structure(s) housing animals is adequately soundproof to meet the requirements
of Chapter 173 -060 WAC;
c. One parking stall provided for every 10 animal confinement areas; and
d. Compliance with noise standards for a commercial noise source as identified by
WAC 173 -60 -040 has been demonstrated by the applicant.
4. Recvclina facility provided that:
a. All recyclable materials and equipment must be contained indoors;
b. All activities must meet the noise requirements of SVMC 7.05.040L,
c. When adjacent to an existing residential use or residential zone, screening in SVMC
22.70.03013 shall be required;
d. The site must have frontage on an existing arterial or state highway_ and access will
be limited to such frontage, and
e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be
recycled or processed on site.
19.60.080 CMU, Corridor Mixed Use district.
A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of
locally serving commercial /retail uses, higher density residential, lodging and offices along major
transportation corridors.
B. Supplemental Permitted Use Regulations.
1. The outdoor storage provisions contained in SVMC 19.60.050133 shall apply to the CMU district.
2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided.
3. Projects with residential components shall provide 210 square feet of open space per dwelling
unit conforming to the requirements of SVMC 19.40.020E and eligible for reduction for
improvements on the same basis; provided, that:
a. The requirement does not apply to the development of less than 10 new dwelling
units; and
b. Additional open space is not required for residential development located within
1,300 feet of a public park.
4. Recvclina facility provided that:
a. All recyclable materials and equipment must be contained indoors;
b. All activities must meet the noise requirements of SVMC 7.05.040L;
c. When adjacent to an existing residential use or residential zone, screening in SVMC
22.70.03013 shall be required;
d. The site must have frontage on an existing arterial or state highway and access will
be limited to such frontage; and
e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be
recycled or processed on site.
Ordinance 11 -021, Code Text Amendment, Recycling Facility Page 3 of 4
DRAFT
SVMC Chapter 19.120 shall be amended as follows:
PERMITTED AND ACCESSORY USES
NAICS
Schedule of
Corridor
Community
Regional
Light
Heavy
Permitted Uses
Mixed Use
Commercial
Commercial
Industrial
Industrial
Appendix 19 -A
56292
Recce Fg acility
S
S
S
P
P
Section Two The following definition shall be added to Appendix A:
Recycling Facility: A Facility that accepts recyclable materials and may perform some processing
activities. The principle function is to separate and store materials that are ready for shipment to end -use
markets, such as paper mills, aluminum smelters or plastic manufacturing plants. Processing activities
may include baling compacting, flattening, grinding, crushing, mechanical sorting, or cleaning.
Section Three All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically
referenced hereto shall remain in full force and effect.
Section Four Severability. If any section, sentence, clause or phrases 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 Five Effective Date. This Ordinance shall be in full force and effect five (5) 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 13"' day of December, 2011.
Mayor, Thomas E. Towey
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 11 -021, Code Text Amendment, Recycling Facility Page 4 of 4
"TY "A" @SPQKA"EV Department of Community Development
Planning Division
Code Text Amendment
CTA -04 -11
Recycling Facilities
"TY "A" @SPQKA"EV Department of Community Development
Planning Division
Chapter 19.60
Recycling facility; provided that:
a. All recyclable materials and equipment must be contained
indoors.
b. All activities must meet the noise requirements of SVMC
7.05.040(L).
c. When adjacent to an existing residential use or residential
zone, screening in SVMC 22.70.030(B) shall be required.
d. The site must have frontage on an existing arterial or state
highway and access will be limited to such frontage.
e. No dangerous or hazardous materials as defined in
SVMC Appendix A shall be recycled or processed on
site.
Planning Division
Chapter 19.120
56292
Department of Community Development
Recycling
Facility
S
S
S
11
W
"TY "A" @SPQKA"EV Department of Community Development
Planning Division
Definitions
Recycling Facility: A Facility that accepts recyclable
materials and may perform some processing
activities. The principle function is to separate and
store materials that are ready for shipment to end -use
markets, such as paper mills, aluminum smelters or
plastic manufacturing plants. Processing activities
may include baling, compacting, flattening, grinding,
crushing, mechanical sorting, or cleaning.
"TY "A" @SPQKA"EV Department of Community Development
Planning Division
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
S001aine STAFF REPORT AND RECOMMENDATION TO THE
Valley PLANNING COMMISSION
`J CTA -04 -11 RECYCLING FACILITY
STAFF REPORT DATE: October 13, 2011
HEARING DATE AND LOCATION: October 27, 2011, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers,
Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206.
PROPOSAL DESCRIPTION: A privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) to add a
Recycle Facility to Section 19.120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the
Supplemental Permitted Use Regulations; and Appendix A, Definitions.
This proposal is considered a non - project action under RCW 43.21C.
PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley, Washington.
APPLICANT: Dwight J. Hume, 9101 N Mt. View Lane, Spokane, WA 99218
APPROVAL CRITERIA: Title 17 (General Provisions) and Title 21 (Environmental Controls) of the SVMC.
SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the
proposed text amendment to the SVMC.
STAFF PLANNER: Mike Basinger, AICP, Senior Planner, Community Development Department
BACKGROUND INFORMATION
A. APPLICATION PROCESSING
Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for
the proposal.
Application Submitted:
September 2, 2011
Determination of Completeness:
September 29, 2011
Issuance of an Optional Determination of Non - Significance (DNS):
October 7, 2011
End of Appeal Period for DNS:
November 4, 2011
Date of Published Notice of Public Hearing:
October 7, 2011
Date of Mailed Notice of Public Hearing:
October 7, 2011
B. SUMMARY OF TEXT AMENDMENTS
II. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
Findings:
Pursuant to SVMC Title 21 (Environmental Controls), the lead agency has determined that this proposal does not
have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not
Staff Report and Recommendation to the Planning Commission
Page 1 of 4
required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental
checklist and other information on file with the lead agency.
Conclusion(s):
The procedural requirements of the State Environmental Policy Act (SEPA) and SVMC Title 21 have been fulfilled by
the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination
consisting of a DNS.
III. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENTS
A. COMPLIANCE WITH TITLE 17 (GENERAL PROVISIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE
Findings:
SVMC Section 17.80.150(F) provides approval criteria that must be considered when the City amends the SVMC.
1. The proposed privately initiated text amendment is consistent with the general vision of the
Comprehensive Plan;
Staff Response: The principle purpose of the Comprehensive Plan is to provide goals and policies that
guide development within the City of Spokane Valley based on the community's identified vision. Text
amendments consistent with the goals and policies in the Comprehensive Plan should assist in the
implementation of City's overall vision.
When considering text amendments and how they relate to the goals and policies in the Comprehensive
Plan it is important to examine all potentially relevant goals and policies, reconcile them, and then make a
balanced decision consistent with overall vision. In this case, the Planning Commission must determine
zoning districts that are most suitable for a recycling facility.
The following goals and policies are generally related to the proposed amendment. A brief analysis is
provided for Planning Commission consideration.
TP -8.1: Use the City's transportation system and infrastructure to support desired land uses and
development patterns.
Analysis: The proposed amendment would limit truck traffic associated with a recycling facility to arterials
and state highways.
TP -8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of
neighborhood residents, decreasing the need for driving.
Analysis: Allowing a recycling facility to be located in the suggested zones could provide residential
neighborhoods convenient access to recycle reusable products.
CFG -5: Promote the reduction, re -use and recycling of solid waste.
Analysis: Allowing a recycling facility to be located in the suggested zones could promote recycling of
reusable products.
EDP -6.1: Encourage the retention, development and recruitment of environmentally friendly businesses.
Staff Report and Recommendation to the Planning Commission
Page 2 of 4
Analysis: Recycling can conserve the consumption of resources, energy and space used in landfills. The
proposed amendment would allow a recycling facility to be located in a broader spectrum of zoning
classifications potentially promoting the reuse of recyclable products.
Based on the preceding goals, policies and analysis, the proposed text amendment is consistent with the
overall vision of the City's adopted Comprehensive Plan.
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of
the environment;
Staff Response: The proposed amendment would permit recycling facilities in the Community Commercial,
Regional Commercial and Corridor Mixed Use zoning districts. Currently, the SVMC categorizes recycling
with solid waste transfer stations permitted in the Light Industrial and Heavy Industrial districts. The
applicant requests that recycling facilities be addressed separately as a facilities that accept recyclable
materials where the principle function would be to separate and store materials for shipment to end -use
markets. The amendment would require all operations to be conducted within an enclosed building where
noise and liter could be controlled to ensure land use compatibility. The amendment further stipulates that
there must be direct access to an existing arterial or state highway.
The proposed amendment can provide convenient access to a recycling facility. The public health, safety,
welfare, and protection of the environment would be ensured by regulations currently in place in the
SVMC and would be furthered by the conditions stipulating that the recycling facility activities be
conducted indoors and that direct access would be limited to arterials or state highways.
Conclusion(s):
The proposed privately initiated text amendment to the SVMC is consistent with the approval criteria contained in the
SVMC.
IV. STAFF RECOMMENDATION
The Planning Division, after review and consideration of the proposed privately initiated text amendment and
applicable approval criteria, recommends that the Planning Commission recommend approval of CTA- 04 -11.
V. PLANNING COMMISSION FINDINGS
The Planning Commission is required to adopt findings of fact (Sections 17.80.140 & 17.80.150) when recommending
changes to the SVMC. At the conclusion of the hearing for the text amendment to the SVMC, the Planning
Commission, by separate motion, should adopt findings of fact.
Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence with
the recommended approval.
SVMC Section 17.80.150(F) provides approval criteria that must be considered when the City amends the SVMC.
Planning Commission Findings:
1. The Planning Commission finds the proposed privately initiated text amendment to be consistent with
the applicable provisions of the City's Comprehensive Plan;
Staff Report and Recommendation to the Planning Commission
Page 3 of 4
The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP. The
Planning Commission finds the following goals and policies to be consistent with the proposed amendment.
a. CFG -5: Promote the reduction, re -use and recycling of solid waste.
b. TP -8.1: Use the City's transportation system and infrastructure to support desired land uses and
development patterns.
c. TP -8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of
neighborhood residents, decreasing the need for driving.
d. EDP -6.1: Encourage the retention, development and recruitment of environmentally friendly businesses.
2. The Planning Commission finds the proposed privately initiated text amendment to bear a substantial
relation to public health, safety, welfare, and protection of the environment;
The Planning Commission finds the proposed amendment will provide a definition for a recycling facility,
specifically addressing the use and limiting the processing of materials to separation. In addition,
supplemental regulations will ensure all recyclable materials and equipment are contained in indoors and
access will be limited to an existing arterial or state highway. Zoning districts permitting a recycling facility will
be required to meet the following supplemental regulations:
a. All recyclable materials and equipment must be contained indoors.
b. All activities must meet the noise requirements of SVMC 7.05.040(L).
c. When adjacent to an existing residential use or residential zone screening in SVMC 22.70.030(B) shall be
required.
d. The site must have frontage on an existing arterial or state highway and access will be limited to such
frontage.
e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be recycled or processed on
site.
Recommended Motion: The Planning Commission adopts the findings in the staff report and recommends approval
of CTA- 04 -11, a text amendment to the SVMC, to add a Recycling Facility to Section 19.120 Permitted and Accessory
Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A
Definitions.
Staff Report and Recommendation to the Planning Commission
Page 4 of 4
Nov 16 11 03:66p gait
609- 924-3412 p.2
sae 11767 E Sprague Ave Suite 146 05pokane Valley WA 95206
Va lle 509.921.1000 ❑Fax: 509.921,1008 ❑cityhail@spokanevalley.org
Z 171 T1074 � "W =
To: Mayor and City Council
From: lohn Carroll, Chair - Spokane Valley Planning Commission
Date: October 27, 2011
Re: Planning Commission Findings and Recommendation: CTA -44 -11
PROPOSAL
The intent of the proposed privately initiated text amendment is to allow recycling facilities In Corridor Mixed Use
(CMU), Community Commercial (C), and Regional Commercial (RC) zones. Currently, the Spokane Valley Municipal Code
(SVMC) permits recycling in the Light lndustdal (LI) and Heavy Industrial (HI) zones in conjunction with solid waste
transfer sites.
The applicant proposesto amend the SVMC to add a Recycle Facility to Section 19.120 Permitted and Accessory Uses;
Sections 19.60.050 B, 19.60.060 8,19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A,
Definitions,
The Planning Commission's findings and recommendation on CTA -04 -11 are summarized below:
FINDINGS
1. Notice for the proposed amendment was placed in the Spokane Valley News Herald an October 7, 2011.
2. Pursuant to the State Environmental Policy Act (SEPA) an environmental checklist was required for the amendment.
3. Staff reviewed the environmental checklist and a threshold determination was made for the proposed amendment.
An Optional Determination of Non- significance (DNS) was issued and published on October 7, 2011.
4. The Spokane Valley Planning Commission conducted a public hearing on October 27, 2011, to considerthe proposed
amendment. After hearing public testimony, the Commission made a recommendation on CTA -04 -11.
Section 17.80.150 {F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be considered
when the City amends the 5VMC.
Planning Commission Findings:
The Planning Commission finds the proposed privately initiated' text amendment to be consistent with the
applicable provisions of the Growth Management Act, Cvun"fide Planning Policies (CWPP) and the City's
Comprehensive Plan;
Z of 2
Nov 16 11 03;66p gall 509- 924 -3412 p3
The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP, The
Planning Commission finds the following goals and policies to be consistent with the proposed amendment.
a. CFG -5: Promote the reduction, re -use and recycling of solid waste.
b. TP -8.1: Use the City's transportation system and infrastructure to support desired land uses and
development patterns,
c. TP -8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of
neighborhood residents, decreasing the need for driving.
d. EDP -6.1: Encourage the retention, development and recruitment of environmentally friendly businesses.
2. The Planning Commission finds the proposed amendment to bear a substantial relation to public health,
safety, welfare, and protection of the environment;
The Planning Commission finds the proposed amendment will provide a definition for a recycling facility,
specifically addressing the use and limiting the processing of materials to separation. In addition, supplemental
regulations will ensure all recyclable materials and equipment are contained in indoors and access will be limited
to an existing arterial or state highway. Zoning districts permitting a recycling facility will be required to meet
the following supplemental regulations:
a, All recyclable materials and equipment must be contained indoors.
b. All activities must meet the noise requirements of SVMC 7.O5.040(Q.
c. When adjacent to an existing residential use or residential zone screening in SVMC 22.70.030(6) shall be
required.
d. The site must have frontage on an existing arterial or state highway and access will be limited to such
frontage.
e. No dangerous or hazardous materials as defined In SVMC Appendix A shall be recycled or processed on site.
ADOPTION OF FINDINGS:. The Planning Commission is required to adopt findings of fact when recommending changes
to the Spokane Valley Municipal Code. At the conclusion of the hearing, the Planning Commission, by separate motion,
adopted the findings of fad for CTA- 04 -11.
Approved this 27'" day of October, 2011
John Carroll, Chair /I
City of Spokane Valley Planning Commission
2 of 2
Spokane Valley Planning Commission
DRAFT Minutes
Council Chambers — City Hall, 11707 E. Sprague Ave.
October 27, 2011
L CALL TO ORDER
Chair Carroll called the meeting to order at 6:00 p.m.
II. PLEDGE OF ALLEGIANCE
Commissioners, staff and audience stood for the pledge of allegiance
III. ROLL CALL
Commissioners Bates, Carroll, Mann, Neill, Sands, and Stoy were present. Commissioner Hall
was absent.
Staff attending the meeting: Scott Kuhta, Planner Manager; Mike Basinger, Senior Planner;
Dean Grafos, Councilmember, Deanna Griffith, Administrative Assistant
IV. APPROVAL OF AGENDA
Commissioner Mann made a motion to approve the October 27, 2011 agenda as presented.
This motion was passed unanimously.
V. APPROVAL OF MINUTES
There were no minutes to approve.
VI. PUBLIC COMMENT
There was no public comment.
VIL COMMISSION REPORTS
Commissioners Bates, Carroll, Stoy stated they had attended the Developers' Forum put on by
the City that morning.
VIII. ADMINISTRATIVE REPORTS
Planning Manager Kuhta reported the City Council had approved the Bike and Pedestrian
Master Plan. Staff has received several Comprehensive Plan amendments and the deadline for
submittal is November 1, 2011. Staff also shared a list of future proposed code text
amendments coming forward.
IX. COMMISSION BUSINESS
A. Unfinished Business: There was no unfinished business.
B. New Business:
i. Public Hearing for CTA- 04 -11, Proposed text amendment to 19.60
Senior Planner Mike Basinger made a presentation to the Commissioners to cover a
privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) to
add a Recycle Facilities to Section 19.120 Permitted and Accessory Uses; add
05 -26 -11 Planning Commission Minutes Page 1 of 4
Supplemental Permitted Use Regulations to Sections 19.60.050 B; Community
Commercial zoning district, 19.60.060 B; Regional Commercial zoning district,
19.060.080 B; Corridor Mixed Use zoning district; and add a definition to Appendix A.
Chair Carroll opened the public hearing at 6:08 p.m.
Senior Planner Basinger reviewed the proposed language to be added to the
Supplemental Permitted Use Regulations and stated that the language had been
modified slightly to respond to the Commissioners' concerns regarding all materials
and equipment being stored indoors. Commissioners had questions regarding storage
of non - recyclable materials and direct access to an arterial.
The Chair invited anyone who wished to speak to come forward.
Dwight Hume 9101 Mount View Lane: Mr. Hume stated he was representing a
business owner who currently has this type of business and stated that the client has
proven to Mr. Hume that the business can run, completely contained, inside a sound
proof building. Mr Hume stated that he believes, as does the client, that this type of
business could be conducted in a zone that is not an industrial zone. Mr. Hume stated
that the client did listen to the concerns the Commission had regarding storing materials
and equipment inside the building, hazardous material, which is covered in another part
of the code, access issues from an arterial.
Commissioners had questions wondering why another zoning district would be more
beneficial than industrial zone. Mr. Hume responded that the business owner would
like to own his own property, which he cannot do in the Industrial Park, he is currently
located. There was concern regarding the truck traffic, Mr. Hume stated that the truck
traffic was already on the road traveling to other businesses. Planning Manager Kuhta
also discussed the screening of any refuse storage outside. Commissioners asked about
adding language for hazardous materials. Mr. Basinger addressed this concern and
discussed how it is covered in the code.
Seeing no one else who wished to testify, the Chair closed the public hearing 6:41 p.m.
Commissioner Neill made a motion to recommend approval of CTA -04 -11 to the City
Council, which was seconded. Commissioner Neill spoke in favor of the motion and
the need to entice more business to our city. Commissioner Stoy also spoke in favor of
the motion but was concerned regarding the lack of design standards and big blank
walls. Commissioner Bates spoke in favor of the motion and feels the city should be
moving forward in a more progressive fashion, is concerned about people dropping off
non - recyclable materials. Commissioner Mann spoke in favor of recycling being a
business that will enhance quality of life. Commissioner Sands stated she was
concerned that this business did not belong in the zones being proposed, more truck
traffic in these zones, in favor of recycling. Commissioner Sands stated she is also
concerned changing Sprague Ave to an industrial zone and that changing the code for
one business has happened in the past and .then the business did not come into the city.
Commissioner Carroll stated he was in favor of the motion but would like to suggest a
couple of changes to it.
Commissioner Carroll made a motion to amend the supplemental language submitted in
the original motion to stick the word `indoor' in line #4, remove the words `recyclable',
05 -26 -11 Planning Commission Minutes Page 2 of 4
and `including non - recyclable materials', from line 'a', the words `access to
site is limited to an existing' and add the words `and direct access' to line `d', and add
new line `e' all activities involving the handling of hazardous and /or dangerous
materials must meet the requirements set forth in SVMC 21.40.060." See strike- though
text below:
4. 4ideet- facilities; provided that:
a. All re�e le - aterials and equipment, ioeluding non -roc 1e mRtefi-als
must be contained indoors.
b. All activities must meet the noise requirements of SVMC 7.05.040(L).
c. When adjacent to an existing residential use or residential zone screening in
SVMC 22.70.030(B) shall be required.
d. Site must have " ess to site is limited frontage and direct access
on an arterial or state highway.
d-. e.All activities involving the handling of hazardous and /or dangerous materials
must meet the requirements set forth in SVMC 21.40.060
This amendment to the motion was seconded. Commissioner Carroll stated he felt that
this amendment helped define the issues he felt the Commission was discussing.
Commissioner Sands wanted to remove the word arterial so that these types of facilities
could not be placed along Sprague, however other Commissioners felt that would limit
possible access to too few places.
Vote on the motion to amend the original motion is In favor = 5, Opposed = 1,
amendment passes, with Commissioner Sands dissenting.
The vote on the motion as it has been amended was In favor = 5, Opposed = 1 motion
passes with Commissioner Sands dissenting.
CTA -04 -11 was recommended for approval by the Planning Commission as amended.
ii. Informational Item: Planning Commission Rules of Procedure
Planning Manager Kuhta presented to the Commissioners the Planning Commission
Rules of Procedure (ROP) as an informational item only. According to the
Commission is required to review the ROP in the odd numbered years to make sure
they are up -to -date with current practices. Mr Kuhta explained that staff is suggesting a
couple of minor changes at this time: In item 8, Meetings; changing Old business to
Unfinished Business. This would reflect more current use of language from Roberts
Rules of Order. Also, Item 9, Conduct of Hearings replacing k. `The Secretary records
a roll call vote', with "The Chair calls for the vote on the motion." The Planning
Commission has never used this rule and it should be modified to something a bit more
useful.
Mr. Kuhta stated that staff is bringing this forward now so that the Commission
members can review the ROP and make suggested changes, if they have any, at any
meeting between now and the end of the year.
05 -26 -11 Planning Commission Minutes Page 3 of 4
Commissioner Sands made a motion to accept the changes as presented by staff to the
Planning Commission ROP, which was seconded. Commissioner Bates had a question
as to why the election of officers takes place in the 12 month instead of in the 1St
month. Staff discussed with Commissioners what the basis for this rule had been.
Commissioner Bates made a motion to amended the original motion to change the date
of election of officers from the "first regular meeting in the 12 month of each year."
To "the first regular meeting in the first calendar month of each year." This motion was
seconded. Vote on this amendment was In Favor -= 3, Opposed = 3, motion fails for a
tie. Commissioners Carroll, Sands and Mann dissenting.
The Chair called for the vote on the original motion was unanimous in favor of the
motion.
X. GOOD OF THE ORDER
There was nothing for the good of the order.
XL ADJOURNMENT
The being no other business the meeting was adjourned at 7:14 p.m.
SUBMITTED: APPROVED:
Deanna Griffith, Secretary John G. Carroll, Chairperson
05 -26 -11 Planning Commission Minutes Page 4 of 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 29, 2011 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑information ❑ admin. report ❑pending legislation ❑executive session
AGENDA ITEM TITLE: Proposed Resolution 11 -010 Adopting Updated Planning
Commission Rules of Procedure
GOVERNING LEGISLATION: Spokane Valley Municipal Code — Chapter 18.10
PREVIOUS COUNCIL ACTION TAKEN: Council approved changes to the Planning
Commission Rules of Procedure on February 9, 2010.
BACKGROUND: SVMC Chapter 18.10.030(C) requires the Planning Commission to adopt
Rules of Procedure as necessary to conduct business, subject to approval of City Council. The
Planning Commission Rules of Procedure must be reviewed and updated every other year with
the last update occurring February 9, 2010.
The Planning Commission considered minor amendments to the Rules of Procedure at their
meeting on October 28, 2011. By majority vote, the Planning Commission voted to approve the
amendments (see attached Rules of Procedure), including:
1. Changing "Old" to "Unfinished" Business (Page 3 of 6).
2. Changing "The Secretary records a roll call vote" to "The Chair calls for a vote" (Page
4of6).
Changing "old" to "unfinished" business is consistent with terminology used in Roberts Rules of
Order. Votes are not conducted by a roll call; therefore, the procedure described is inconsistent
with current practice.
On November 15, 2011, Council reviewed the proposed changes, directing staff to make further
changes, including;
1. Planning Commission to elect Officers in January, rather than December.
2. Planning Commission Secretary to preside over meeting if Commission has no
current Chair (staff suggests Vice -Chair run meeting if still on Planning Commission,
then Secretary).
3. Members must have one full year's experience to be eligible to be an elected Officer.
OPTIONS: Adopt as drafted or make additional changes.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 11 -010, adopting
proposed changes to the Planning Commission Rules of Procedure.
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, AICP, Planning Manager
ATTACHMENTS: Updated Planning Commission Rules of Procedure and Draft Resolution
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 11 -010
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING THE CITY OF SPOKANE VALLEY PLANNING
COMMISSION RULES OF PROCEDURE
WHEREAS, pursuant to the provisions of Spokane Valley Municipal Code, Section 18.10 states that
the Planning Commission shall adopt rules and procedures as are necessary for the conduct of business,
subject to the approval of the City Council; and
WHEREAS, the Planning Commission adopted Rules of Procedure which were last updated February
9, 2010 and the rules call for updating every 2 years; and
WHEREAS, the Planning Commission revised their rules October 28, 2011 which provided
clarification and reflects current practice; and
WHEREAS, the City Council reviewed the Rules of Procedure at their November 15, 2011 regular
meeting, directing further changes to allow incoming Planning Commission members the ability to participate
in Officer elections in their first term.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington as follows:
Section 1. Adoption of Spokane Valley Planning Commission Rules of Procedure. The City of
Spokane Valley hereby adopts the amended Spokane Valley Planning Commission Rules of Procedure, which
are attached hereto and made a part hereof.
Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption.
Adopted this _ day of November, 2011.
CITY OF SPOKANE VALLEY
ATTEST:
Thomas E. Towey, Mayor
Approved as to form:
Christine Bainbridge, City Clerk Office of the City Attorney
Resolution 11 -010, Adopting Planning Commission Rules Page 1 of 1
City of Spokane Valley
Planning Commission
RULES OF PROCEDURE
Updated 06 -22 -2006
Updated 12-10-
Updated 02 -09 -2010
Updated 11 -29 -2011
We, the members of the Planning Commission of the City of Spokane Valley, State of Washington,
pursuant to the City of Spokane Valley Municipal Code (SVMC) 18. 10, do hereby adopt and publish the
following Rules of Procedure
ORGANIZATION AND RULES OF PROCEDURE
1. Name
A. The "City of Spokane Valley Planning Commission," hereinafter referred to-, as the
"Commission" is an advisory body created by the City Council for purposes consistent with
SVMC 18.10.
2. Location
A. The Commission offices shall be the City Hall of the City of Spokane Valley.
3. Officers
Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with SVMC 18.10.
A. Officers of the Commission shall be elected from its membership; the officers shall be Chair,
Vice Chair, and other appropriate officers that the Commission may choose to approve and
appoint by majority vote.
A- B. Planning Commission members must have served at least one full calendar year to be
eligible to be elected as an Officer.
B. The Chair shall preside over the Commission and exercise all powers incidental to the office,
retaining however, the full right as a member of the Commission to propose motions, second
motions and have a vote recorded on all matters of the Commission.
C. The Vice -Chair shall, in the absence of the Chair from any meeting, perform all the duties
incumbent upon the Chair, and retain the full right as a member of the Commission in the same
manner as the Chair.
4. Secretary of the Commission
A. The Director of the Department of Community Development or his/her designee shall serve as the
Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings, including public
hearings and shall ensure that summary minutes of all public hearings are prepared and filed in
the public record.
Page 1 of 6
PIa.,.,E.,,, r,,.,, Rul Af PmAerhiro Updated 12 10
C. The Secretary will conduct and record a roll call of the Commission members at each meeting,
public hearing and study session.
5. Election of Officers
A. Officers shall be elected at the first regular meeting in Januaa44 &44 �c-a of each
year, by majority vote of the membership of the Commission. Terms of office shall run from the
first January meeting until December 31 or until a successor has been elected. —No
Commission member shall serve more than two full consecutive terms as Chair of the
Commission. No member shall serve as vice -chair for more than two full consecutive terms.
In the event that the Commission has no sitting Chair at the first regular meeting in January, the
Vice -Chair will preside over the Commission until officers are elected. If at the first regular
meeting in January, both the Chair and Vice -Chair are no longer Planning Commission members,
the Planning Commission Secretary will preside over the meeting until Officers are elected.
B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a
majority present. In the event that the office of Chair is vacated, the vice -chair shall serve in that
capacity until the required special election is held. Any member of the Commission who has
served for at least one full calendar ,h is eligible to fill the vacancy. However, no member can
hold two office positions.
6. Quorum
A. A quorum shall consist of four members of the Commission and no action can be taken in the
absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be
present for public hearings and study sessions.
7. Voting
A. The affirmative vote of a majority of those present sha e necessary for the adoption of any
motion or other general matter.
B. For the conduct of business dealing with matters- which require adoption or changes to the City's
Comprehensive Plan and the election of officers, at least four affirmative votes must be cast.
Each member of the Commission is entitled to one vote but no proxy shall be allowed.
C. No member may participate or vote on a matter unless the member has been in attendance at all
public hearings regarding such matter or has listened to the taped recording of the public hearing
and reviewed the written record of the matter in question.
8. Meetings
A. There shall be at least one regular meeting each month with additional meetings scheduled as
necessary. Regular meetings shall be scheduled the 2nd and e Thursdays of the month,
commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be
extended by a majority vote of the commission. Meetings may be used for general planning
matters, study sessions or public hearings as described below.
1. Meetings on General Planning Matters General planning matters to be reviewed by the
Commission will le—typically be preceded by a study session of the Commission to discuss
the issues with Community Development Department staff. Generally, no testimony from the
public shall be taken at a study session.
2. Public Hearing Meeting A public hearing is a meeting wherein general business and public
hearing items, such as the Comprehensive Plan and development regulations are discussed
and decided.
Page 2 of 6
PIa.,.,E.,,, r ,,, �� R Af PmAed,we Updated 12 1 20000911 -29 -2011
3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the
Chair or, in the absence of the Chair, by the Vice - Chair. Notice of cancellation shall be given
personally to Commission Members and to the public by posting a notice at Commission
offices.
4. The recommended order of business for meetings is:
a. Call to order by Chair.
b. Pledge of Allegiance.
c. Roll call by recording secretary.
d. Approval of Agenda.
e. Approval or amendment of minutes.
f Public Comment
g. Commission Members Report
h. Administrative Report.
i. Commission Business.
i. OW- Unfinished Business
ii. New Business
j. For the Good of the Order.
k. Adjournment.
B. Planning Commission meetings shall be held in accordance with the requirements of the Open
Meetings Act, RCW Chapter 42.30.
C. Special meetings and study sessions may be called:
1. By the request of the Chair, or, in the Chair's absence, by the Vice - Chair.
2. By the written request of three or more members of the Commission.
3. By agreed motion of the Commission.
9. Conduct of Hearings
A. Actions for a Planning Commission Public Hearing.
Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard
shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether
they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall
not be permitted to speak until all those who signed in have done so. At any public hearing,
persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The
Chair, subject to concurrence by the majority of the Commission, may establish time limits and
otherwise control presentations. The Chair may change the order of speakers so that testimony is
heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested
interests, etc.)
B. The Chair introduces the agenda item, opens the public hearing, and announces the following
Rules of Order:
Page 3 of 6
PIa.,.,E.,,, r,,.,, Rul Af PmAerhiro Updated 12 10
All comments by proponents, opponents, or the public shall be made from the speaker's
rostrum, and any individual making comments shall first give his/her name and address. This
is required because an official recorded transcript of the public hearing is being made.
2. It is not necessary to be a proponent or opponent in order to speak.
If you consider yourself neither a proponent nor opponent, please speak during the proponent
portion and identify yourself as neither a proponent nor an opponent.
No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
4. Demonstrations, applause or other audience participation during or at the conclusion of
anyone's presentation are prohibited. It is distracting to the Commission and persons
testifying.
5. These rules are intended to promote an orderly system of holding a public hearing, to give
persons an opportunity to be heard and to ensure that individuals are not embarrassed by
exercising their right of free speech.
C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any
Commission member knows of any reason which would require such member to excuse
themselves pursuant to the Appearahoo of Fairness Doctrine. The form of the announcement is as
follows:
All Commission members should now give consideration as to whether they have:
I. A demonstrated bias or prejudice for or against any parry to the proceedings;
2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record, or
4. Had ex parte contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. Please refer to Section 15(B) for more specific information on how
to proceed where there has been an ex parte communication.
If any Commission member should answer in the affirmative, then the Commission members
should state the reason for his /her answer so that the Chair may inquire of administration as
to whether a violation of the Appearance of Fairness Doctrine exists.
CONDUCTING THE PUBLIC HEARING
a. The Chair announces the matter and opens the public hearing stating the date and
time.
b. The Chair allows staff to describe the matter under consideration and place matters in
the public record.
The Chair inquires as to whether Commissioners have any questions of staff. If any
Commission member has questions, the appropriate individual will be recalled.
d. The Chair allows proponents, opponents and the public to offer testimony and
evidence on the pending matter. The Chair may allow Commission members to ask
questions of any person at the conclusion of their testimony.
At the conclusion of the public testimony, the Chair asks staff if there is
additional information, testimony or evidence to submit for the record.
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oia.,.,E.,,, G Rul Af PmAerhiro Updated 12 10 20000911 -29 -2011
f. The Chair either closes or continues the public hearing. Additional testimony may
not be requested or considered after the closing of the public hearing, unless the
Chair declares the record open until a date certain for the purpose of receiving written
testimony or materials.
g. The Chair inquires if there is a motion by any Commission member. If a motion is
made, it shall be in the form of an affirmative motion. Affirmative motion are
preferred to prevent "approval by default" of a failed negative motion. Following the
motion and its second, discussion occurs among Commission members.
h. The Chair inquires if there is any further discussion by the Commission members.
i. The Chair inquires if there are any final comments or recommendations from staff.
j_ The Chair inquires of the Commission members if they are ready for the question.
k. The Chair calls for the vote on the motion
1. The Chair may direct staff to prepare findings for approval.
D. Pre - filing of testimony or evidence is encouraged and may be delivered to the Department of
Community Development in advance of a hearing.
10. Agenda, Staff Reports and Minutes for Regular Meetings.
A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be
sent to each member up to seven (7) days prior to the date of the meeting.
B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas
and staff reports will be made available to applicants and the public at the same time.
11. Minutes and Communications with the City Council.
A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of minutes of the previous
meeting. These minutes shall be considered for approval by the Commission at a regularly
scheduled public meeting and upon approval shall become part of the official record of action of
the Commission. Minutes shall also be transmitted as correspondence to the City Council for
general information.
B The assigned City Council Liaison may attend meetings for the purposes of communications with
the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE
COORDINATION MANUAL ".
12. Recording of Meetings
Proceedings of all public hearings, meetings, study sessions and any special meetings shall be
recorded and retained.
13. Code of Conduct
A. Prohibited Acts Members of the Commission are prohibited from:
1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in
office.
2. Acting in a manner that intentionally disrupts Commission meetings.
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oia.,.,E.,,, (; Rul Af PmAerhiro Updated 12 10 20000911 -29 -2011
3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12 -month period
without such absence being excused by the Commission.
4. Using his or her position to secure special privileges or exemptions for himself, herself, or
others.
5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities
from any source, except the City of Spokane Valley, for a matter connected with or related to
the services as a member of the Commission, unless otherwise provided by law.
6. Accepting employment or engaging in business or professional activities that he or she might
reasonably expect would require or induce said member to disclose confidential information
acquired by reason of membership on the Commission.
7. Disclosing confidential information gained by reason of his or her membership on the
Planning Commission or using such information for his or her personal gain or benefit.
14. Conflict of Interest
A. Any Commission member having a direct or indirect interest in, or who w benefit from any
matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or
required by law, refrain from participating or voting on the matter.
15. Appearance of Fairness p
A. The Commission shall adhere to the applicable requirements of the appearance of fairness
doctrine, RCW Chapter 42.36.
B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex
parte communications with proponents or opponents about a proposal involved in the pending
proceeding, unless the Commission member:
(1)_ places on the record the substance of such oral or written communications; and
(2) that a public announcement of the content of the communication and of the parties'
right to rebut the substance of the communication shall be made at each hearing where action
is taken or considered on the subject. This does not prohibit correspondence between a
citizen and Commission members if the correspondence is made part of the record, when it
pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060)
16. Review of These Rules of Procedure
The Planning Commission shall review these rules of procedure on the first anniversary of their
adoption and the odd numbered years thereafter. Any amendments identified by the Planning
Commission shall be forwarded to the City Council for review and ratification.
KNOW ALL PERSONS BY THESE PRESENT:
That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that
upon review and majority vote the above and forgoing rules have been duly adopted by the members of
said Commission.
:•
Secretary of the Commission
Date:
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 29, 2011 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ informatio ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Allocation of Lodging Tax Funds
GOVERNING LEGISLATION: State Law
PREVIOUS COUNCIL ACTION TAKEN: An Administrative Report regarding the lodging tax
funding award process was delivered to the Council on October 4, 2011, and a follow -up report
communicating the October 13, 2011 recommendations of the Lodging Tax Advisory committee
was delivered to the Council on October 25, 2011. To date no Council action has been taken.
BACKGROUND: In 2003 the City implemented a 2% hotel /motel tax, the proceeds of which are
used to promote conventions and tourist travel to our City. The organizations to which the tax
proceeds are distributed are ultimately determined by the City Council who receives a
nonbinding recommendation from the Lodging Tax Advisory Committee. The Advisory
Committee is comprised of five members who are appointed by the City Council and the
Committee membership must include:
• At least two representatives of businesses that are required to collect the tax,
• At least two people who are involved in activities that are authorized to be funded by the tax,
and
• One elected city official who serves as chairperson of the Committee
The Advisory Committee makes its recommendations based upon a combination of written
application materials and a presentation that is made to them by each applicant.
On October 13, 2011, the Lodging Tax Advisory Committee met to consider application
materials and presentations from applicants for a portion of the City's 2% hotel /motel tax
receipts in 2012 which are estimated to be $430,000 in 2012. Presentations were made by the
HUB, Spokane Regional Sports Commission, Valleyfest and Spokane Valley Heritage Museum.
Following the presentations and Advisory Committee discussion, the following awards were
recommended to be advanced to the City Council for consideration:
HUB 42,600
Sports Commmission 185,000
Museum 3,900
231,500
Additionally, the Advisory Committee voted in favor of a second round of funding requests to
culminate in mid - January 2012 applicant presentations and Committee award
recommendations. The Committee also discussed expending in 2012 a portion of the fund
balance from the City's Hotel /Motel Tax Fund which we anticipate will be approximately
$220,000 at the end of 2011. This was in recognition of the fact the State of Washington
eliminated tourism promotion money from its fiscal year 2012 Budget that began July 1, 2011.
This information is for your consideration to aid you in your decision making process.
P:IClerklAgendaPackets for Weblagendapacket 11- 29- 111Item 4 RCA motion Lodging Tax Allocations. docx
OPTIONS: The recommendations of the Lodging Tax Advisory Committee are advisory in
nature and nonbinding to the Council. The City Council may accept the recommendations in
whole or in part.
RECOMMENDED ACTION OR MOTION: l move to make the following allocations of Lodging
Tax Funds for calendar year 2012:
BUDGET /FINANCIAL IMPACTS: The 2012 Budget includes an appropriation of $430,000 of
hotel /motel tax monies from Fund #105 including $30,000 for CenterPlace advertising and
$400,700 for distribution to applicants. If the Council were to concur with expending an
additional $100,000 of Hotel /Motel Tax Fund reserves, then a subsequent 2012 Budget
Amendment would be necessary in order to appropriate the money.
STAFF CONTACT: Mark Calhoun
ATTACHMENTS:
• Financial Analysis of Fund #105 — Hotel /Motel Tax Fund
• Minutes of October 13, 2011, Lodging Tax Advisory Committee meeting.
• September 16, 2011, staff memo regarding legal uses of lodging tax per the Municipal
Research and Services Center (MRSC).
• Application materials from the five agencies that submitted applications for the October 13,
2011 LTAC meeting.
P:IClerklAgendaPackets for Weblagendapacket 11- 29- 1111tem 4 RCA motion Lodging Tax Allocations. docx
CITY OF SPOKANE VALLEY, WA
Lodging Tax Advisory Committee
Minutes of Meeting held October 13, 2011
The meeting was called to order at 8:35 a.m.
In attendance were Jeff Fiman, Peggy Doering, Doug Kelley, Lee Cameron, Brenda
Grassel, Sarah Farr, Mark Calhoun, Phil Champlin (HUB), Eric Sawyer (Spokane
Regional Sports Commission), Denise Paulings (Unlimited Marketing for Valleyfest),
Jayne Singleton and Herman Meier (Spokane Valley Heritage Museum), Keith Backsen
(Spokane Regional CVB).
Mark Calhoun opened the meeting with an introductions and overview of the agenda
and explained that the meeting was open to the public. He provided a brief description
related to the financial information included in the Committee packet, and discussed the
estimated lodging tax proceeds available for 2012. He noted that 2012 lodging tax
receipts were estimated to be approximately $430,000 and that $30,000 had been
budgeted to go towards CenterPlace advertising. He also noted that the estimated fund
balance of the Hotel /Motel Tax at the end of 2011 would likely be approximately
$220,000.
The Committee then discussed whether CenterPlace should receive money without
having to follow the application process. It was noted that in 2010 the Committee
agreed that CenterPlace should follow the same process as the other applicants and
that consequently they did not apply for 2011 money.
The Committee went on to discuss their intentions of recommending the allocation of
some funds now, holding back some of the money, and meeting again in a second
round later in the year to distribute remaining funds. They also discussed spending
down a portion of the Hotel /Motel Tax Fund reserves below the 2011 yearend estimate
of $220,000. This is partially in response to the State of Washington eliminating all
tourism funding from its fiscal year 2012 Budget that began July 1, 2011.
Applicant Presentations:
• 9 HUB - Phil Champlin
• 9:30 Spokane Regional Sports Commission - Eric Sawyer
• 10:00 Valleyfest - Peggy Doering and Denise Paulings
• 10:55 Spokane Valley Heritage Museum - Jayne Singleton and Herman Meier
• One applicant — SpoCon who was scheduled to make a 9:30 presentation, did not
show.
Following the applicant presentations the Committee discussed the merits of providing
funding to the organizations. It was agreed that SpoCon would receive nothing as they
were not there to make a presentation and consequently were unable to clarify whether
they were in fact a 501(c)(3) non - profit entity. Each committee member then expressed
their rationale for making specific allocation recommendations and these were tracked
on a whiteboard.
P:IClerklAgendaPackets for Weblagendapacket 11- 29- 1111tem 4 LTAC meeting minutes.docx
Organization
Jeff
Brenda
Doug
Lee
Peggy
Hi / Low
L Fiman
I Grassel
Kelley
Cameron
Doerin
HUB
40,000
35,000
50,000
45,000
43,000
50,000 / 43,000
0
SpoCon
0
0
0
0
70,131 / 50,773
175,000
Sports Commission
175,000
200,000
175,000
200,000
200,000 / 200,000
3,000
Museum
3,000
3,500
5,000
5,000
5,000 / 3,500
0
Valleyfest
5,000
5,000
0
40,000
50,000 / 40,000
+ Round 2
+ Round 2
+ Round 2
+ Round 2
CenterPlace
0
0
0
0
30,000
30,000 / 30,000
+ Round 2
+ Round 2
+ Round 2
Final
LTAC
Recom-
mendation
42,600 42,600
0 0
185,000 185,000
3,900 3,900
10,000 0
6,000 0
Through this exchange the Committee asked Mr. Backsen from the CVB what their
request would have been had they submitted an application and he responded
$250,000. The Committee also speculated the Fair and Expo's anticipated request
would have been approximately $30,000 if they had submitted an application but noted
the timing of the City's application process conflicted with the fair.
The Committee again expressed their concern that the City's 2012 Budget has already
included $30,000 of Lodging Tax to be applied to CenterPlace advertising and felt that
this should not occur without CenterPlace Staff working though the application process
expected of other organizations interested in receiving funding. It was again discussed
that perhaps there should be a second round application process where CenterPlace
Staff would have an opportunity to apply. It was also suggested that the Committee
hold off on recommending any funding for Valleyfest until a second round while they
gathered statistics related to attendance figures and hotel stays from the September
2011 festival.
Brenda Grassel moved that the Committee accept the following funding levels and this
was approved through a vote consisting of 4 members in favor and 1 opposed:
HUB 42,600
Sports Commmission 185,000
Museum 3,900
231,500
The Committee further discussed holding a Round 2 in early January of 2012 and that
this round would be open to all to apply and /or reapply.
Brenda Grassel moved that the committee hold another round of the application
process to distribute 2012 Lodging Tax money. This was approved through a vote
consisting of 4 members in favor and 1 opposed.
P:IClerklAgendaPackets for Weblagendapacket 11- 29- 1111tem 4 LTAC meeting minutes.docx
Mark Calhoun noted that he would prepare an agenda report to present to the City
Council on October 25, 2011, and that the Council was scheduled to take action on the
Committee recommendation on November 15, 2011.
There was some discussion from several committee members regarding the courtesy
letter that is historically sent to potential applicants, and the intent to eliminate such
letter.
The meeting was adjourned at 12:20 p.m.
Respectfully submitted,
Sarah Farr and Mark Calhoun
P:IClerklAgendaPackets for Weblagendapacket 11- 29- 1111tem 4 LTAC meeting minutes.docx
spokan�`
jvalley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 + cityhatL@spokanevalley.org
Memorandum
To: Mike Jackson
From: Mark Calhoun, Finance Director *C_
Date: Friday, September 16, 2011
Re: Legal uses of Lodging Tax
At the September 6, 2011, City Council meeting, Councilmember Woodard asked what the
Lodging Tax could be expender! on. In response to his question I have attached two pieces of
information that provide a good overview of appropriate uses:
• A 5 -page excerpt from "A Revenue Guide for Washington Cities and Towns" prepared by
the Municipal Research and Services Center" (MRSC), that discusses the tax in terms of
rates, how the tax can be used, and the role of a Lodging Tax Advisory Committee.
• A 4 -page excerpt from the MRSC web -site that provides questions posed by municipal
entities across the State concerning appropriate uses of Lodging Tax, and MRSC's
responses.
Collectively these sources provide a framework from which the Lodging Tax Advisory
Committee, City staff and the City Council can ascertain whether proposed uses meet the
intended purpose behind the tax which is to pay for tourism promotion and for the acquisition
and/or operation of tourism - related facilities.
If you should have any questions or comments regarding this information please don't hesitate
to ask.
1LSV- FS2lUserslmcalhounl8udgetsl20i21 Lodging TaA2011 09 16 memo re Uses of Lodging Tax.docxMV-
FS2tUserslmcalhount3udgets l20121Lodging Tax12011 09 16 memo re Uses of Lodging Tax.docx Page 1
Hotel-Motel (Lodging) Tax
Most cities have had the authority to levy a "hotel - motel" or lodging tax of two percent since
1973. Over the years, some cities got special interest legislation passed that increased the rate
of their permitted levy and/or provided for certain uses ofthetax revenuethatwere uniquetothem.
In 1997, the legislature repealed much of chapter 67.25 RCW and gave most cities the same levy
rate and permitted uses.
D What Are the Tax Rates?
Most cities may impose a "basic" two percent tax under RCW 67.28.180 on all charges for
furnishing lodging at hotels, motels, and similar establishments (including bed and breakfasts and
RV parks) for a continuous period of less than one month, This tax is taken as a credit against the
6.5 percent state sales tax, so that the total tax that a patron pays in retail sales tax and the hotel -
motel tax combined is equal to the retail sales tax in the jurisdiction' In addition, most cities may
levy an additional tax of up to two percent, for a total rate of four percent, under RCW 67.28.181(1).
This "special" tax is not credited against the state sales tax. Therefore, if a city levies this
additional tax, the total tax on the lodging bill will increase by two percent.
There are some exceptions:
RCW 67.28.181 (1) stipulates that this additional two percent tax may be levied as long as
the total tax rate under chapter 36.100 RCW (the public facilities district tax), chapter 82.08
RCW (the state safes tax), chapter 82,14 RCW (the city, county, and transit district sales
taxes), chapter 67.28 ROW (the hotel -motel tax chapter), and chapter 67.40 RCW (the
convention and trade center tax) does not exceed 12 percent. (Note that the sales tax rate
for the Regional Transit Authority (Sound Transit) in portions of King, fierce, and
Snohomish counties is not included in making these calculations.) The limit for the total
rate in Seattle is 15.2 percent, because the convention center tax is higher than in the rest
of the county." This means that most cities in King County may only levy a one percent
tax and Seattle cannot levy any tax
"Tourist promotion area fees are d €scussed on page 54.
"'Ch. 34, Laws of 1973, 2nd ex. sess.
' 2 RCW 67.28.1801. Ch, 35, Laws of 1998, §2.
113 RCW 67.40.090(2)(d). The statutes provide that the maximum rate in Seattle is 15.2 percent,
RCW 67.28.181(2) (c).
12 4 At the time this statute was written, the sales tax in King County, excluding Seattle, was 8.2 percent. The
convention centertax was 2.8 percent and the hotel -motet tax for the Kingdome /new football stadium was two percent,
making the total rate 13 percent. Subtracting the two percent credit against the state sales tax brought the total rate
clown to 11 percent. That meant that cities in King County, otherthan Seattle, could levy a one percent hotel -motel tax.
However, in 2000, King County voters approved an Increase In the transit tax by 0.2 percent. This would have raised
the total rate that provides the limit for the hotel -motel tax to 12.2 percent, and would thus lower the rate the cities could
levy by 0.2 percent to 0.8 percent. Legislation was then passed that required an entity that passed a sales tax Increase,
which pushed the total over the 12 percent limit, to exempt sales of lodging from the increase. Ch. 79, Laws of 2001,
and RCW 82,14.414.
30 A Revenue Guide for Washington Cities and Towns
Cities that had authority to levy a "special" tax before July 27, 1997 that allowed atotal rate
higher than four percent, had that rate grandfathered in by the 1997 legislation 1 All the
cities in Grays Harbor and Fierce counties are in this category, plus Chelan, Leavenworth,
Long Beach, Bellevue, Yakima, and Winthrop.
Cities located in counties that had the authority to levy a total four percent tax county -wide
before January 1, 1997, are limited to the "basic" two percent rate. This affects cities in
Snohomish and Cowlitz counties.
Due to some unique circumstances, was a period of time at the end of 1997 and
beginning of 1998 when the outstanding taxing authority was six percent, rather than the
four percent the legislature intended, [luring this time, Wenatchee and East Wenatchee
raised their total tax to six percent. These rates were grandfathered in by the 1998
legislature. '
® City or County Tax?
Counties also have the right to levy this tax but, in most cases, the county must allow a credit for
any tax levied by a city. One exception is King County. The law provides that if any county
pledged these tax revenues before June 26, 1975 to pay debt service on the construction of a
"public stadium, convention center, performing arts center, or visual arts facilities," then it could
collect the tax on a county -wide basis from all lodging facilities In practical terms this means
that cities in King County are not able to levy the hotel -motel tax at rate higher than one percent,
and Seattle can levy no tax at all, until the bonds issued for the new football stadium are retired
on January 1, 2021.
However, the law also has a provision for any cities that, before June 26,1975, had pledged hotel -
motel tax revenue to pay debt service for the construction of one of the facilities listed above.
Those cities are able to continue to collect their hotel -motel tax until the debt is retired 132 One
such city is Bellevue, where the 6.5 percent state retail sales tax on the sale of lodging is reduced
by both the two percent county hotel -motel tax and the two percent city tax. The city of Yakima
and Yakima County also pledged hotel -motel tax revenues for a convention center before June 26,
1975, and the state sales tax there is subject to the same "double- dipping" credit against the state
sales tax."
'2fiRCW 67.28.181(2)(a),
"'RCW 67.28,181 (2) (b).
72 'See Budget Suggestions for 1998, Municipal Research and Services Center: Seattle, August 1997, pp. 26 -32,
for a discussion of the unintended consequences of the partial veto of ch. 452, Laws of 1997.
12 "RCW 67.28.181(2)(d).
Y2 "RCW 67.28.1 80(2)(a) and RCW 67.28.181(3). If a city is levying the entire four percent tax (or more, If a
higher rate has been grandfathered in), the county may not levy its tax in that city.
139 RCW 67,28.180(2)(b).
131 ROW 67.28180(2)(o) (!I).
t32 ROW 67.28.180(2)(c) (iii).
' 189, Laws of 2007, and RCW 67,28.160(2)(b) allows the "double- dfpping' to continue until 2021 to pay
debt service on bonds for county facilities for agricultural promotion.
A Revenue Guide for Washington Cities and Towns 31
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