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2007, 06-05 Special Regular MeetingAGENDA SPOKANE VALLEY C1'l'Y COtwcm SPFCI AL ?1IEE'TING Council !Meeting N117 Tuesday, June 5, 2007 6:00 p.m. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting CALL TO GIRDER: INVOCATION: Pastor Dave Johnson, United Methodist Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: CONIM11'TEE, BOARD. LIALSON SUMINI ARY REPORTS: MAYOWS 11171101 : Pir lamation: Nutiorral Hunger Awareness Dw I'LMIJC CONBIENTS: Except where indicated below for "public comment" this is an opportunity for the public to speak on any topic. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. PUBLIC HEARING: Proposed 2006-2013 Tra sportution lmprmvment Plan - Steve Worley 2. QUASI-Jt1DICIAL CLOSED RECORD HF RI\G: Austin Bearing Examiner Appeal - Mike Connelly 3. C:ONSEN I' ADEN I) A: Consists of items considered routine which are aplrrnved as a group. A Councilmemher may remove an item front the Consent Agenda to be considered separately. a_ Following Claim Vouchers: VOUC:HL?R LIST DATE VOUCHER t#s TOTAL VOUCHER AMOUNT OS-t)7-2007 11683-11726 _ $1,462,873.65 05.18-2007 11772-11834 $249.993,05 GRAND TOTAL $1.712,866.60 b. Payroll for Period Ending May 31. 2007: $256,229.39 c. Minutes of Mav 15 2007 Council Study Session Meeting d. Minutes of May 2-2,2D07 Regular Council Meeting NEW BUSINESS 4. Second Rending Proposed Ordinance 07-010 Adopting Uniform Development Code Title 24 - Mary Knte Martin [public comment] 5. Motion Consideration: Lodging Tax Committee Grant Allocations - Deputy Mayor Taylor (public comment] 6. Motion Consideration: Memorandum of Understanding for the Judicially Integrated Mental Health Solutions Program -Mayor Willtite (public comment] Council Agmda 06-05-07 Special Meeting Pais l oft PUBLIC CONMENTS Lxcept where indicated ahove for "public comment" this is an opportunity for Il►c public to - pc.ik on Any topic. When you come to the podium, please state your name and address for the rrcnrd and limit tr:n.nri., t,) three minutes. ADINILNISTICkTIVE REPORTS: 7. Street Vacations Compensation - Mike Connelly 1NFOR`I 1 FION ONLY: n/a EXECUTIVE SESSION: ,1I1JOLT-NNiENT FUTURE .SC71En (°l_ E Regular Counci! 3fectings are generally held 2nd and 40 Tuesdays, beginning at b: 0 p.nr. Council Study Sessiamv are generallv held 1", 3'r and 5th Tuesdays, beginning at 6:00 p.m. Other Tentative Utsaimin .'►!cetines-E'vtnts: Tuesday, June 12, 2(H)7: No Meeting (('ouncilmembers attend Association of Washington Cities Conference, Tacoma) Monday, June 18, 1:30 p.m.: Joint Meeting with Spokane County Board of county commissioners, County's Human Resources Training Room NOTICE: Individuals planning to attend the merting who require special assistance to aecornrnodate physical, hearing, or other impairn=M please contact the City Clerk at (509) 921-1000 is soon av wsihlc o ftit arrangements may he made. Spokane Valley- ~~L•ocrr~r~~tion i ationaMungerAwareness Day City of Spokane Vaf&y, Washington WHEREAS, Thousands of citizens in the .Inland Northwest rely on their neighborhood food pantries and areal centers to provide for their families; and WHEREAS, Due to various factors in our economy numerous families rely on food banks to secure food.for their families on a daily basis; and WHEREAS, Second Harvest Inland Northwest, in partnership with over 300 emergency food pantries and meal centers in the Inland Northwest, has committed its support to provide valuable food resources to people in our community and our .state; and WHEIMAS, Any additional donations, funding, or volunteer support generated by this National Call to Action will benefit the more than 15,000 people in Spokane County, of which 7, 000 are children in need of 'assistance each month. A101V, TI-IFREFORE, 1, Diana Wilhite, Mayor of the City of Spokane Valley,. on behalf of the Spokane Valley Cio, Council and the citizens of the City of Spokane Valley, do hereby proclaim .June 5, 2007, as National Munger Awareness Day and 1 encourage the citizens and businesses of this community to join nre in supporting Second Harvest Inland Northwest during this national campaign to provide summer me-als for our children, secure additional resources for the carcrnunitie.s it serves, and its year-long efforts to "fight hunger and feed hope. " Diana Wilhite Mayor Dated this 5th day of June 2007. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 5, 2007 City Manager Sign-off- Item: Check all that apply: ❑ consent ' ❑ old business ❑ new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: PUBLIC HEARING: Draft 2008- 2013 Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Adopted 2007-2012 Six Year TIP last year on June 13, 2006, Resolution #06-013. Public Hearing on proposed Amended 2007 TIP on March 27, 2007. Adopted Amended 2007 TIP on May 22, 2007, Resolution #07-007. Presentation of draft 2008-2012 Six Year TIP at Council's May 1, 2207 Study Session. BACKGROUND: The City is required by RCW 35.77.010 to prepare and after public hearing adopt a revised and extended comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Secretary of Transportation before July Vt of each year. The attached draft 2008 - 2013 Six Year TIP has been revised from the one presented at the May 1 Study Session. The state and federal grant funding levels available each year were reviewed and the number of projects was reduced to meet those levels. We also looked at the priority of the projects and tried to keep the local funds (City Amount) to approximately $3 million per year. These factors caused many projects to get 'bumped' off the six year plan and onto a new list at the end of the TIP entitled "Projects w/ no identified Local Match within the Six Year TIP." These are still important projects but other funding sources will need to be identified before they can be included in the Six Year TIP. Note also that we are still waiting to learn if several of our FTA 5307 grant applications will get funded through the SRTC Call for Projects. Depending on the results of the FTA issue, the TIP May change again. Therefore, this draft should still be considered a 'work in progress' and may be updated prior to adoption scheduled for June 26, 2007. BUDGET/FINANCIAL IMPACTS: The proposed 2008-2013 TIP projects will be budgeted within the Street Capital Projects Fund, which has the revenue resources to accommodate the proposed TIP projects through 2011. At the current level of projected revenues not all projects in years 2011 and 2012 can be funded at this time. Staff will continue.to re-evaluate the projects in these later years as we continue to prepare future TIPs. STAFF CONTACT: Neil Kersten, Public Works Director; Steve Worley, Senior Engineer - Capital Projects ATTACHMENTS: 1) Draft 2008-2013 Transportation Improvement Program 2) List of Draft 2008-2013 Six Year TIP projects 3) Map of Draft 2008-2013 Six Year TIP projects Spok~n~e jvalley City of Spokane Valley Department of Public Works DRAFT 2008 - 2013 Six Year Transportation Improvement Program GLOSSARY AND ABBREVIATIONS Functional Classification: Funding Sources: Rural: 7 Major. Collector Federal assistance: These funds are authorized under the Safe, 8 Minor Collector Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy 9 Access for Users (SAFETEA-LU) and are administered by the Federal Urban: Highway Administration through the Washington State Department of 14 Principal Transportation and the Spokane Regional Transportation Council 16 Minor (SRTC). 17 Collector 19 Local Access BR Bridge Replacement projects CMAQ Congestion Management/Air Quality FTA Federal Transit Authority (5307 funds) Other Fed Other federal funds. STP Surface Transportation Program. Individual funds are designated by the letters in parenthesis that follow the initials "STP": STP(U) Urban improvements STP(R) Rural improvements STP(C) Competitive funding STP(E) Enhancement improvement STP(S) Safety improvements State assistance: UCP, UAP, and SP are administered by the state Transportation Improvement Board (TIB). UCP - Urban Corridor Program (Formerly Transportation Partnership Program (TPP)) UAP - Urban Arterial Program (Formerly Arterial Improvement Program (AIP) SP - Sidewalk Program (Formerly Pedestrian Safety Mobility Program (PSMP) CERB - Community Economic Revitalization Board Other State- Other state funds Local Assistance: CDBG - Community Development Block Grant Sp O~T, (x- Draft 2008- 2013 l~ane Six-Year Transportation Improvement Program ,;WoValley Dollars in Thousands Funding Project ! Description 1 Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 3 Barker Road Bridge Replace bridge #5503 Q Spokane Rivcr Funding Secured - City funding for Contingency 6 STEP Paveback Full-width paving and drainage associated with Spokane County's STEP 7 Street Preservation Project - Various Street Annual street preservation projects 8 Appleway - University to Evergreen 0.1 0 0 8,938 8,938 BR 5,063 3,375 8,438 City 300 200 500 Project Total 5,363 3,575 8,938 0 0 0 4,400 4,400 City 900 900 900 90o 3,600 SW 200 200 200 200 800 Project Total 1,100 1,100 1,100 1,100 4,400 0 649 0 6,950 7,600 City 1.292 1,202 1,292 1,292 1,252 1,140 7,600 Project Total 1,292 1,292 1,292 1,292 1,292 1,140 7,600 682 3,318 7,734 11,734 City 64' 184 231 358 837 STP 138 547 1,428 2,101 4,214 WSDOT 3 7 92 368 470 UCP 840 3,360 4,200 Other 403 1,610 2,013 2.02 Extend Appleway Blvd. with a multi4ane facility inducting curbs and sidewalks. Secured TIB ($4.2 mil), WSDOT Project Total 205 1,141 4,201 6,187 Proy_cts and ftelrames Identified In the TIP arc to be considered cstinr~ tes only that may change due to a variety of circumstances, an are not intended by the City to bo re5cd upon by property crancis or developers in making deMopmcnt dadsions. 513012DCY7 page 1 11,734 Spokane ,;,oOValley Project / Description J Current Status Draft 2008- 2013 Six-Year Transportation Improvement Program DoCars in Thouram7s Funding Length PE RW CN Total Sources 2008 2009 2010 2011 2012 •2013 Total 9 Broadway Avenue - Pines(SR-27) to Park ADA & Striping Improvements to reduce accidents along Broad%vay Corridor Funding Secured (TIB 8-3-2008(003)-1) 10 Broadway-Fancher Intersection PCC Replace asphalt pavement vrith portland cement concrete pavement. Funding Secured (SRTC 06-8) 11 Pines/Sprague Intersection PCC Replace asphalt pavement with portland cement concrete pavement. 3 74, 25 834 933 City 187 UAP 746 Project Total 933 0 56 0 525 581 City 79 STP(U) 502 Project Total 581 0 75 0 667 742 City 152 Other- 590 FTA Project Total 742 12 Park Road - Bridging the Valley/ BNSF Grade 0.2 900 2,000 13,620 16,518 City 31 90 286 286' Separation FMSIB 227 651 2,061 2,061 Other nit 1,045 3,308 3,308 Fad Reconstruct Park Road to separate the grades of Part Road and the BNSF railroad tracks. Other- 37 104 330 330 RR UCP 91 2&D 824 824 'Other' Funding from BNSF RR Project Total 750 2,150 6,609 6,809 Project. and timefrrmcs idenfdicd in the TIP are to be considered estimataa only that may change due to a variety of circumstances, an- are not intended by the City to be relied upon by property owners m developers in making dovclopmont decisions. 5/3012007 Page 2 187 746 933 79 502 581 152 590 742 693 5,000 8,025 801 1,999 16,518 ern.,: Draft 2008- 2013 SpoF]ane Six-Year Transportation Improvement Program ,;oOVall-ey Dollars in Thousands Funding Project 1 Description I Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 13 8th Avenue Phase 1- Carnahan to Havana 4.5 222 375 2,017 2,340 City 110 217 153 480 Othor- 425 842 593 1,869 FTA Reconslrucl 8th Ave. to a three4ane section with curb, gutter, sidewalks and bike lanes. A,pprication submitted for MA 5307 funding - awaiting results Project Total 535 1,059 746 2,340 14 44th Ave Pathway: Sands to Woodruff 1.08 0 0 209 209 city 28 28 STP(E) 181 181 Asphalt Pathway w/ bike lanes along road PE Funding Segued - Delay to 2009 to coordinate wl sewer project Project Total 209 209 15 Broadway Avenue #2: Fancher to Thierman 0.34 61 0 547 608 City 82 82 STP(U) 526 526 Grind and Inlay %vith 2 inches of asphalt concrete pavement Funding Secured (SRTC 06-7) Project Total 608 608 16 Broadway Avenue #1: 190 to Park Rd. 0.34 74 0 667 741 city 100 100 STP(U) 641 641 Grind and inlay with 2 inches of asphalt concrete pavement Funding Secured (SRTC 06-3) Project Total 741 741 Projects and lirnetrsmes identified in the TIP are to be considered esdmatcs only that may change duo to a variety or circumstances, an, are not intended by the City m be rolled upon by proporty comers or devclopw En nmkiN d--vetopment dccirions. 513,}12007 Page 3 1 SpoAkane ,;,oOValley Project/ Description ! Current Status Draft 2008 - 2013 Six-Year Transportation Improvement Program aollnrs In Thousands • Funding Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 17 Park Road - # 2 (PE Only)- Broadway to Indiana 0.75 352 0 0 352 city STP(U) Proj. #2 - Reconstrnrct and v4den to 3 lanes Wth bike lanes and sidewalks. Funding Secured (STO'I'C 06-11) Project Total 8 Flora Road -Sprague to Mission 1 297 300 2,673 3,271 city UAP Reconstruct to a three-lane arterial. 48 48 304 304 352 352 89 298 268 655 358 1,189 1,069 2,616 Projoct Total 19 Sullivan/Sprague Intersection PCC o.1 83 0 778 861 city STP(U) Replace rutted asphalt pavement vrith pcnland concrete cement. Funding Secured (SRTC 05-6) Project Total 20 Argonne Road - 190 to Trent 0.38 76 500 713 1,289 City cMAQ Revise Signal Phasing, Add NB Right Turn Lane at Monlgoniery, Intersecliens improvements at Knox Funding Secured (SRTC 06-31) 447 1,487 1,337 116 745 861 77 96 499 617 Project Total 576 713 3,271 116 745 861 173 1,116 1,289 Projeco and Lknefrt rues identilficd in the TIP are to be considered estimates only that My change due to a variety otd:cumstances, on, are not Intended try the City to be retied upon by propcfij owners or de-mlopers In nuLft deve opment decisions. 5r=2007 Page 4 ~r Draft 2008 - 2013 Sb16WIne Six-Year Transportation Improvement Program Valley Dollars In Thourands Funding Project I Description ! Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 21 Sullivan Road North Extension (Bigelow Gulch) 025 0 1 54 55 city Reconstruct and widen the Sullivan Road extension north also known as Bigelow Gulch Road to a 4-lane roadway Ath 8-foot shoulders and a 12-foot PAD Way left turn lane. 22 Sullivan Road (PE only)- Euclid to Wellesley Reconstruct to a seven-lane urban arterial. Funding Secured (SRTC 06-12) 23 Sullivan Road West Bridge Reconstruct and widen west bridge 24 McDonald/Sprague Intersection PCC Replace asphalt pavement with pordand cement concrete pavement- Project Total 1 595 0 0 596 city STP(U) Project Total 0.08 1,370 100 8,112 9,582 BR Project Total 0 102 0 967 1,069 city Other - FTA Project Total 55 55 40 40 258 258 55 55 80 516 298 298 596 735 735 4,056 4,056 9,582 735 735 4,056 4,056 9,582 219 219 850 850 1,069 1,069 Prolccts and timeframes idcatWied in the TIP are to be considered estirratcs only Mat may change due to a variety of circumstances, an, aro not intended by the City to be retied upon by property avmters or dovclepvs in making dcve:opment decisions. 513012007 Page 5 . I IrtY,r Draft 2008- 2013 Spokane Six-Year Transportation Improvement Program ~Val..ley DotlarsIn Thousands Funding Project! Description! Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 25 Broadway/Sullivan Intersection PCC 0 120 0 1,110 1230 City 253 253 Other- 977 977 FTA Replace asphalt pavement with Portland cement concrete pavement. Project Total 1,230 1,230 26 Pines Corridor ITS: Sprague to Trent 2.26 222 250 1,609 2,081 City 280 280 CMAQ 1,801 1,801 Traffic Signal Control System for Corridor Funding Secured (SRTC 06-26) Project Total 2,081 2,081 27 SalteseJSullivan Signal 38 15 364 414 City 104 104 Other 42 42 Other 268 268 improvements to Intersection In Coordination vd Spokane County Project Total 414 414 29 Park Road - #2 (CN Only)- Broadway to Indiana 0.75 0 2,000 2,326 4,326 City 270 314 584 STP(U) 1.730 2,012 3,742 Proj. #2 - Reconstruct and Widen to 3 Imes with bike lanes and sidevealks. Project Total 2,000 2,326 4,326 Progects and timeframes tdentllied In the TIP are to be considered estimates only that may change due to a variety of circumstances, an are not intended by the City to be relled upon tyy property owners or developers in ma." development dechgons. 5T3Uf2007 Page 6 r,T,. Draft 2008- 2013 5061 ane Six-Year Transportation Improvement Program ,;oOValley Dollars in Thousands Funding Project 1 Description / Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 30 Broadway Ave 180 ft E. of Moore to Flora 0.73 225 300 0 525 city 57 48 105 UAP 228 192 420 Reconstruct & widen Broadway to 3-lane section, 184 ft E. of hloore to Flora Project Total 285 240 525 31 32nd Avenue - Evergreen to Best 025 78 250 0 328 city 21 24 45 STP(U) 132 151 283 Reconstruct and vmden to three lanes with curbs and sidewalks. Project Total 153 175 328 32 Barker Road - Appleway to Broadway Avenue 0.26 274 1,600 924 2,223 City 156 289 445 UAP 622 1,156 1,778 Reconstruct to a five-lane arterial vAth center turn lane from Appleway to Broadvray Ave.; realign Broadway east of Barker Project Total 778 1,445 2,223 33 Sprague Ave. - University to Evergreen 2.02 231 0 2,625 2,856 city 45 525 571 STP(P) 185 2,100 2,285 Resurface Spragtrrt Ave from University Rd. to Evergreen Rd. Project Total 231 2.625 2,856 Projects and Urnelrames Identified in tho TIP are to be considered estimates oruy that may change due to a variety of circumstances, am are not inicnded by the City to be rclied upon try property owners or drvetopers in making dc%Uupment dccis inns.' 513012007 Page 7 . r~ Draft 2008- 2013 S069ane Six-Year Transportation Improvement Program .;,OValley Dollars in Thousands Funding Project! Description I Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 34 Evergreen/32nd -16th to 32nd, Evergreen to 1.25 405 1N 0 526 city 108 108 SR-2-1 Other - 418 418 FTA Reconstruct and vrtden to three lanes Project Total 526 526 35 Broadway Ave - Flora to Barker 1 314 0 0' 314 City 63 63 STP(U) 251 251 Reconstruct to 3-lanes, Flora to Barker Project Total 314 314 36 Sullivan Road (RW/CN only) - Euclid to Wellesley 1 0 800 0 800 city 160 160 STP(U) 640 640 Reconstruct to a seven4ane urban arterial. Project Total 800 800 37 Bowdish/Sprague Intersection PCC 0 80 0 802 892 City 182 182 UAP 710 710 Replace asphalt pavement with ponlnnd cemelit concrete pavement- Project Total 892 892 Pro;,,cta and timoframos identified in the TIP are to be consi^-eyed estimates only that may change due to a variety cd circumstances, on- are not intondcd by the City to be relied upon by property owners or developer in am" dovclopment decisions. 5130!2007 Page a ~~T, Draft 2008 - 2013 Spol ane Six-Year Transportation Improvement Program Valley Dollars In Thousands Funding Project! Description ! Current Status Length PE RW CN Total Sources 2008 2009 2010 2011 2012 2013 Total 38 University/Sprague Intersection PCC Replace asphalt pavement vdth portland cement concrete pavement, 39 Pines Corridor ITS: Sprague to 16th Traffic Signal Control System for Corridor 0 95 0 902 997 City 204 204 UCP 793 793 Project Total 997 997 1 95 0 690 7135 City 106 106 CPAAQ 679 679 Project Total 785 785 Totals: 7,856 11,954 71,757 91,567 Projects and fimelmmes idondfiod in the TIP are to be considered estimates only that may change due to a variety of circumstances, ern are not intended by the City to be relied upon by pmpcrty vomerz or develope>z in moping development decWons. 5130/2007 ! - Page V. . \ i 11,501 12,674 20,459 20,966 8,795 16,321 90,716 r,n.r~ Draft 2006 - c013 Spokane Six-Year.Transportation Improvement Program Va11ey Six-Year Transportation Improvement Program Totals Secured Projects Planned Projects Totals Year Federal state Other City Year Federal State Other City Year Federal State Other City 2008 $5,703 $749 SO $1,922 2008 $1,379 $518 $37 $1,193 2008 $7,082 $1,267 $37 $3.115 2009 $5,574 $7 $403 $1.934 2009 $1,887 $1,469 $104 $1,295 2009 57,461 $1,476 $507 $3,230 2010 $3,665 $932 $1,010 $1,756 2010 S5,728 $4,274 $330 $2,1(Vo 2010 $9,393 $5.206 $1,940 S3,920 2011 $5,512 $3,728 $0 $2,086 2011 $3.308 $4,154 $644 51,558 2011 $8,820 $7,882 $540 $3,624 2012 $4,056 $0 $0 $1,292 2012 $2,047 $850 $0 $550 2012 $6,103 $850 $0 $1,842 2013 $4,0513 $4 $0 $1,140 2013 $6,251 $2,851 $0 . $2,023 2013 $10,307 S2,851 $0 53,163 Total $28,566 $5,416 $2,013 $10,110 Total $20,600 $14,116 $1,111 $8,784 Total $49,166 $19,532 $3,124 $18,894 Projects and timetmrnea idcrti ed to the TIP aro to be oonsWercd estimates only that may changc duo to a variety at ci cumstances, are are not intended by the City to be reCied upon by property owners or deaetopem. in making develoiuncat decisions. 5/3012007 Page 1 City of Spokane Valley Department of Public Wor;s Six Year Transportation Improvement Program Pro o= w/ no ideWified Local Malch Mthin Vic 2008 Sa-Year nP Datars in Thousands Ihrwact wilco DMIRUM Shat lmr Toth Dw Bin, AvcnLo, Phase 2 - Patk to Dickey Reconstruct 0th Aw. to a Uaoo-lane 2014 $3,156 section with oure, guitar, sld&MOw and bas tans, BUh Avenue Phaso 3 - G:dcq to Reconsmict 9th Ave- to a Ihntodaree "14 $3,811 Camahan secWn with curb, gulha, nidewalks and bike lanos• Appteway-Thierman EB Lame Acid EB right then lane to Apptaway 7014 $185 TTdorman, Barker Road - M to Applewoy Raceatwuct ton thwe-hero urban 2714 $3,221 arterial tram 9th to Apple". Maker Road - Sr.oku* River to Tram Reconhntel to a throoaarto curbed 2014 $4,470 arterial Bewdsh Road - 32nd t0 81h Reconstrurt aril widen roadway to 2014 $4,593 L9rc a Inca. Carwharh Truck Lana - 8111 to City Add SB lruck W, no to road 9,,0t4 $2,591 Limits Dishman-Mica Road - Appl-w-&l to Grind and Inlay northbound tans 2020 $149 Blh with P of nsphall pavemoril Eudld Avof fhsn Rd - Flora EucEU W Rmyr :ruct to provides a three lann, 2D14 $4,293 EuGkt, Euclid Mrs to Barker shOLM010d arterial Eudid Avenue - Sutivan Rd to F@aa Grind and inlay w101 T of asphO3 2014 3836 Rd. pawmtmL Evelrryoenl5prague Intersection PCC RepMce asphalt puvernen1 with 2,014 $1,133 ponland cement concrew pavement Indlarfar^aca Iven Onlersoerion PCC Replace asphalt pawrnenl with 2014 51,342 porlland dement concrolo pavement. Mansfield U..rndron - Sdr27 t3 Cos..-1ruh2 34ano arterial (fern Pinar 2014 $2,4114 Mlrabaau Parkway W Mirsteau Par'hvay t/lssion Ave - Flora La BaALY New 31an section Flora to RLr&er 2014 $3,745 tdanlgomeryAve nrc-Argonne to GrIr41 ntxl reparre vi.: h 2' of asphatl 2020 5540 Uriverirj concrete pavement Park Road - u3 - Sprague to Rozonstruel Ord vidrn W a standard 2014 $0,120 Broadway thrae-lane arterial street VMh crabs and sidewalks, KC an Broadway. Spnigue Avon= - UMerJty to Crind end nverlary :1" of asphalt In 2014 $2,106 SuBvan sus lanes, UppradoAwnstrud !;i&cxvtll)Wrarnps to AI A slandards 8R?,71Pineafl0thInlcstectlon Imprvrorntx stotnterscclion(Dural 2014 $3,132 Lane Roundawul7J Pro)8,25 and uarrtrnmes iduainad In the TIP are to be canddared asumales orry Ural may chanpu dun to a vadery of druarafanee% and are not Handed by tau City b to relied inert by property omen or dmdupers In m2kfrtt7 davdupmani eecbiohs. VOudnezlay. Mlay 30, '7.,007 Page 1 ad 2 City of Spokano Valley Oepartmcnl of Pub4c works Six Year Transp=bon hpmvarnent Program Pfcp= wl rM IdMikd LMM U*l WVM the 200E &A-Yem T1P Oman m Thmmmm O mwat r recite Vint Tor Tom M Unv*K W p 1Oaa01riny 1 CISMI - Grru and pave wM 2 rmhes of =14 1993 M" Ra to It11h Ave MOM "am" w4amfit Uvtlvrery Immq tiled t M (Y AM GMW GM pave elrt 7 ram of 2014 11314 ®Ix~ t~rlrna. p.narwN Val" comar - Propa 2 Unlvata l Fstsrd Apph a my L%d. with m mLI& 2= 374,Qt W EvwWwn Iris tedlly rR:1 WWV Carta so mommas. Rattrbrs lSp "Ave Vatey Cmmm - Pn4ml 3 - Falrtd Applwvr OW aM a IT LAa 2014 313.219 E.WVUW to Tetdtry laws 10Y14 incklArV Gabs and 013a"" R9"U" Sprague AYYttra and reshtpe Totaks $76,741 prop" ref amrs"m mrbn w maTr are m be t" , 40"Wal ary M My Ytsge 40184 vaalt doualwerar~ na asset eerrare uY M tfi y M nlee upr tY Repr4 agate a omrokwrs Is rnk+9 eegl rntrtl iea~r MIIrOr>teaay. W* 30,2w Pop 2 CC7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program 2MB - = Fkgati m -N:Pusands 2MB Item # "et:t NM P1 l a y sam City Aro't TIW AMOK 3 9a•ke- Roatl B-loge BR 300 5,363 6 STEP Paveoacx City 900 1.100 7 Street Preservation Prot - Various Street city 1,292 1,292 8 Appleway - Unrvt3ralty to Evef2reen STP 64 205 9 Broadway Avenue - Pines(SR-27) to Park UAP 187 933 10 Broadway-Fancier Intersection PCC STP(U) 79 581 11 P,nesrSpnague Intersection PCC Other - FTA 152 742 12 Other Fed 31 750 13 8tfl Avenue Phase 1- Camahan to Havana Other - FTA 110 535 2008 Totals: $3,115 $11,501 7ON no # P11aWName Mme SO= C" Ammid TOW AMMW 3 Balke* Read Bridge ER 200 3.575 6 STEP Paveoack city 900 1,100 7 Street Preservation Project - Various Street city 1,292 1,292 8 Appleway - University to Evergreen STP 184 1,141 12 _a•y R_r-' n; , i y'ne orl`_,r _ Other Fed 90 2.150 Se;,]•a:t_ - 13 $th Avenue Phase 1- Carriahan to Havans Other - FTA 217 1,059 14 44th Ave Pathway Sands to Woodruff STP(E) 28 209 15 Broadway Avenue 92 Fanner to Thherman STP(U) 82 608 16 Broadway Avenue 91 190 to Park Rd STP(U) 100 741 17 Park Read - 0 2 fPE Only)- Broadway to Indiana STP(U) 48 352 18 Flora Road - Sprague to Mission UAP 89 447 2009 rotais: $3,230 $12,674 Projects and tknOrsmes klan&W In Cho TIP ere to be considered ea6rates only that m=y chanpo due W • vsnety u1 circumstances, and are not hntendod by Me"t3 be rMind upon try property vnTmrs ar developers in mal.vg dev6opmant dads no A+m P+vleas are ►n.-vrl n Given = FuneaO P1 WV VV*- r. Biwo Wednesday, Miry 30, 2007 Page 1 of 3 3A Itm # Preset N N Mo'r Smu C" AnmW Total AmM 6 ST;--'-' Pave zc> C.ty 900 1.101) 7 Street Preservation Prat- Various Street City 1292 1,292 8 Appleway - University to Evergreen Other 231 4,201 12 Pan. R"'ad - Bnya-y Other Fed 286 6,809 13 Stn Avenue Phase 1- Carnahan to Havana Other - FTA 153 746 18 Flora Road - Sprague to Mission UAP 298 1,487 19 Sutlrvan/SpWue Intersection PCC STP(U) 116 861 20 Atgonr* Road -190 to Trent CMAQ 77 576 21 5,-;,1 :a,, R7,3c City 55 55 22 Sulltvan Road (PE only)- Euclid to Welftley STP(U) 40 298 23 Sull,van Road West Bridge BR 0 735 24 McDonawSprague InterseCtton PCC Other - FTA 219 1,069 25 BrosawayrSuQivan Intersection PCC Other - FTA 253 1,230 2010 Totals: $3,920 $20,469 21111 nn # Prgact NM Pliantly timiiil Im AMW Total AMW 6 STEP Paveoauc City 900 1,100 7 Street Preservat on Project - various Street city 1.292 1,292 8 Applew - Unversity to Evergreen UCP 358 8,187 12 Pa,- Pc3.1 B Spry aVa,•_y, r.S= _ Offw Fed 286 6.809 SeG&rr..;0 n 18 Flora Road - Sprague to Mission UAP 268 1.337 20 Argonne Road -190 to Treent CMAQ 96 713 22 SuAtvan Road (PE only j- Eucla to Wellesley STP(U) 40 298 23 Sullivan Road West Bridge BR 0 735 26 Pines Corridor ITS. Sprague to Trent CMAQ 280 2,081 27 Sales=~z:."w3n 5c;nai Other 104 414 2011 Totals: $3,624 $20,966 2W Item # Pr*d Nave mm" > C" Amt Total AMOK 7 Street Preservation Protect - Van"a Sve-w City 1,292 1,292 23 Sullivan Road West Bridge BR 0 4,056 29 I=„ ► Inca: , :N mw>. _ _adway tc : a- 3 STP(U) 270 2,000 30 9rcwlway Ave 180111 E of Mix-e :u FI:;•a UAP 57 285 31 32nd Avtanue - Etrer9re en to Best STP(U) 21 153 32 Earlier Pcad- Nvewa, 1 , -':.ac4'ar r;',- UAP 156 778 33 Sprague Ave - U-va-s;ty io Eve-green STP(P1 46 231 2012 Totals S1,942 $8,795 Pmfecti and lurntrernes Klentfied in the TIP are to be oonsidmed astimates Drily that may rlwnpe due to a variety or rJrcu,,, rross, and ate not Intended by Me Cdy to be mAW upon by property owners or deve6opars in me" deve"rit deaskm Added P*os_ts en show m .,fawn f-JmCw Protecle "Shawn in Blue WedneWity, May 30, 2007 Paces 2 013 2w Ran* RW NM Rftn MM CtY AMt Total UMM T Sireel Prese- at,j- PrD4e7 - va'ca-;s SCrtt City 1,1140 1,140 23 Sullivan Road Wes! Snoge BR 0 4.056 29 STP(U) 314 2.326 30 E-aaoway Ave 160 h E GI t.1G:,rE , UAP 48 240 31 ?2no Avenue - E..*' a•n !t t-)C-.' STP(U) 24 175 32 :R-tiar Read r:oF,vay T7 9•~acr... - UAP 289 1,445 33 Sprague Ave - Unlvwsq t4 EverTson STP(P) 525 2,625 34 _.t . _ -o - -b^. m r] E;.~ Other - FTA 108 526 35 E aadway Ave • Fiore- is *er STP(U) 63 314 36 - i - . F .,~;RwC►,t.rr`v, l STP(U) 160 80D 37 BowdishlSprague Intersemon PCC UAP 182 892 38 University?Sprragve trrerseabr, PCC UCP 204 997 39 = - CMAQ 106 785 - - 2013 Totals: S3,163 S16,321 Pr+opcls and tlmefismes identified In Cle TIP are w be wnidwed estimriaa only Ihit may change due to r variety of cirrumctancos. and are nct intended ty the C*i to be retied upon by Property owners or dowsior ws in mak--9 dovolopmont decis+ans. ldd.o et a as 37+awn in ,roe-4 Minded pm"= at* shown r. Ban Wednesday, May 30, 2007 Page 3 of 3 City of Spokane Valley Draft 2008-2013 Six Year TIP S'l Ylelle~lcy o._ 11 I" l~m,cnlnad Euclid \ i _ 5 t f M rahQall Euclid Eu lid - Pan toad ' I ont Merv T Indiana l rHra, lwu wnl Hai. t Ski I Ar etoed 155101,') Mlssit pom;. Fines cane. m - IvM loud IM In ?told ,1:, r 1• Hoadray to lnokmo CIS ' 7 ~•,I' i _ I~~~ i IroodruV ~mW. _ _ u r, Ib b raft rn Vii- Hoodrar.lonelw < tdeneclon►CC Irodrat twnw D" rl ~ancnr b Ilhrnrw, _ 1st A pleway r 4th 3rd de. :f3tt1 / eth- J, n z~ 61h 4vMW ►I.rie I ~ C.•ra,an ro Ihnmo 5 1 tl. t-~. 7 1IUK~0 Me 1e3 May 28, 2007 L Mission Iprapwlo,r.M L 0----er Ave IrooerW'lulMm lrnoduat•Aw IMenecl,oa FCC loan[ W Noare 1o;- - 1b0 la Imn ' Hoodrav Awnw brogue Avenue ►weh sl-2~ b ran r UNrenlh h !vefv&*n M: Aondd9prh►pue hJeneclnn FCC lufran;Spopur lnhrucron ►CC t~ao toad 3 I r n.r ,aru" 7p agN k wunn C~ loriohapopw Inane-fan FCC hdiw»chon FCC Unlr.nly. Ipopw InNrtetibn TCC T 4th 4tN - a~ I Un4nnh L Fwrpreen I, ~ - Nw C.I.J. its I I N t. ,t3 = - - sa apw to 10h p 16th 01 41 24th-, 25til - ~!i Il s~n.,<rluawx std L1 ~ L ~ ~ IpM Awnw co 32 n i1 • Era Coen b Hd I ~~1 r7" Mgeen, l7rW 7 lath to WJ" everwee ,1o 31"27 c i I ~ ~ 3 4,1h landr to wooandl y r W F o I Euclid lal! tww Rape r _ Upter Road AaaleWar to HoodwaV AwNw Legend Project Year 2008 2011 2009-2012 2010 ~tr_ 2013 Note: Street Preservation Projects and STEP Paveback Projects not shown on this map CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-05-07 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Quasi-Judicial, Closed Record Hearing: Austin Hearing Examiner Appeal GOVERNING LEGISLATION: Spokane Valley Ordinance 05-021, Guidelines for Appeals BACKGROUND: On March 22, 2007, Janice Austin timely filed and paid for an appeal of the Hearing Examiner decision regarding Valley Coach Estates. The complete transcript and record were supplied to the City Clerk April 26, 2007. The City Clerk was notified May 1, 2007 that the appellant Janice Austin paid all fees in full. On May 1, 2007, the City Clerk forwarded copies of the complete transcript and record to the Applicant Pete Buster, the City Attorney, and members of Council. The Hearing Examiner supplied the complete transcript and record.,the_appellant paid the balance, and on May 8, 2007, Council set for the matter for a hearing for June 5, 2007. 'Notice of the time, place and date of the hearing were published in the City's official newspaper (Valley News-Herald), on May 18, 25, and June 1; and on May 11, 2007, the City Clerk mailed notice of the hearing to the appellant, the applicant, and all parties of record. As per Spokane Valley City Ordinance 05-021, Council shall not consider any new facts or evidence'outside the verbatim transcript and certified record submitted by the Examiner, except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created; 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3. Matters that were outside the jurisdiction of the Hearing Examiner. The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in items (1), (2) and (3), immediately above. Any party requesting that the record be supplemented shall submit such request along with the specific evidence to be offered to the Council within fourteen (14) calendar days of the date the appeal hearing was scheduled. The parties may submit 'a memorandum in support of their position if filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. In this matter the appellant has filed specific documents. In addition appellant appears to be requesting that the record be supplemented. Prior to conducting the record appeal, Council will receive recommendations from the City Attorney as to what documents should be considered a memorandum, which documents constitute supplementation of the record and whether or not the supplementation should be allowed pursuant to the provisions of Ordinance 05-021. The council may also hear from the parties of record prior to determining if such supplementation is appropriate under the rules set forth in Ordinance 05-021. HEARING PROCEDURE: 1. Consideration of request to supplement the record. 1. Oral argument presented first by the appellant then by parties of record in opposition to.the appeal, and then rebuttal and surrebuttal. 2. Oral argument shall be limited to stating why the record or applicable laws or regulations-do not support the decision, and shall not contain any new facts or evidence unless allowed as stated above. 3. Oral argument shall be limited to twenty (20) minutes total for the appellant, and twenty (20) minutes total for those parties in opposition to the appeal, regardless of how many parties make up each side. 4. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. COUNCIL OPTIONS: Council may affirm or reverse the Examiner's decision, or remand it for further proceedings. The Examiner's decision will be presumed to be correct and supported by the record and law. Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; or 5. The decision is outside the authority of the Examiner. Council may also remand the decision to the Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision, had it been admitted in the proceedings before the Examiner. "Newly discovered evidence° is evidence that, with reasonable diligence, could not have been discovered and produced at the time the proceedings before the Examiner were conducted. Council shall adopt written findings and conclusions in support of its decision. If the Council concludes that a finding of fact upon which the decision is based is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. Council's decision shall include a notice stating that the decision can be appealed within twenty-one (21) calendar days from the date the decision was issued by filing a Land Use Petition with the Superior Court as provided in RCW Chapter 36.70C and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21 C.075. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation, pursuant to RCW 36.708.130. Closed record appeals before the Council shall be concluded within sixty (60) days from the date the transcript and record are received by the City Clerk, unless the applicant agrees in writing to a longer period. - STAFF CONTACT: Mike Connelly ATTACHMENTS: 1. Spokane Valley Ordinance 05-021 CITY OF SPOKANE VALLEY srolcAlvli✓ COUNTY `vASARC.TON ORDINANCE NO. 05-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKr~YE COUNTY, WASF.[, NG'TON, ANI ENDI G PORTIONS OF SPOKANE VALLEY ATUNICIPA-L CODE 10.35.150 PER'CATNTNG TO PROCEDURAL, GUIDELINES FOR APPEALS FROM DECISIONS OF TIT HEARING EKAINUNE;R TO THE CITY COUNCTT•.•. WREREAS, the City adopted Spokane Valley Municipal Code 1035 through Ordinance 03-057 to provide authority and direction to the City Hearing Examiner; and FIEREAS, in adopting SVVEC 10.35.150, the City Council stated that the City Council shall later adopt procedures directing procedural requirements for any appeal of a I-Icaring 1-Narniner decision to the City Council; and WVFTTR.1rA S, the City Council now desires'to adopt such procedures for appeals of the Hearing Examiner to the City Council. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. It is the intent of t:he City Council for the City of Spokane Valley io provide procedural guidance to entities that desire to appeal land use decisions issued by the Hearing Examiner. Section 2. Amending portions of SVMC 10.35.150 relating to appeals from decisions of the City Clearing Examiner. Title 10, Chapter 35, Subsection 150 of the City of Spokane Valley Municipal Code is amended as follows: 10.35.150 Appeals A. Any person with stwiding may appeal a written decision of the Hearing Examiner to the Council as provided in Subsection 10.35.110.B. B. Standing to appeal a decision of the Hearing Examiner under these rules is limited to: 1. The applicant-and the owner of the property to W110rn the decision is directed; and 2. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: a. The decision has prejudiced or is likely to prejudice that person; b. That person's asserted interests are among those that the Hearing Exiuniner was required to consider when the decision vas made; c. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision.; and prdinanm 05-021 Amending SV titC 10.35.150, hearing appeals prooedures . • Page 1 of 6 1 d. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "°party of record" means a person who appeared at the public hearing held by the Examiner, or who submitted substantive written comments on the matter before or at the hearing held by the Examiner.. C. Appeals of the Hearing Examiner's decision to the City Council must be: 1. Filed with the City Clerk within fourteen (14) calendar days from the date the fmal decision of the Examiner was issued; 2. Accompanied by the appeal fee established by Council resolution; resolution; and 3. Accompanied by the separate transcript/record deposit fee established by Council 4. Submitted on a form obtained from the City Clerk. D. The appeal form submitted by the appellant shall contain the following information: 1. The file number and a copy of die decision; 2. The name and mailing address of the appellant, the name and mailui r address of the appellant's attorney, if any, and the name of the applicant if different than the appellant; 3. Facts demonstrating that the appellant has standing to appeal; 4. A separate and concise statement of each error alleged to have been committed; 5. A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and 6. A request for relief, specifying the type and extent of relief requested. E. Upon receipt of the written appeal form and payment of the appeal fee, the City Clerk shall forward a copy of the appeal and the transcript/record deposit fee to the hearing Examiner. F. The appeal shall be dismissed by the Council if 1. It is filed by a person without standing to appeal; 2. The Council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4. The appeal fee or the transcript/record deposit fee was not timely-paid; or 5. The appellant failed to timely pay the costs incurred by the Examiner in preparing the verbatim transcript and certified record, alter being billed for such costs; or - 6. It is not filed in accordance with the procedures set forth in these rules. Ordinance 05-021 Amending SVNIC 10.35.130, hearing appeals procedures Page 2 of6 All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (F)(5), above. The Council may dismiss an appeal under item (17)(5), above, upon receiving written notification from the Examiner that the appellant failed to timely pay the costs incurred by the Examiner for the appeal after being billed for such costs. G. The Hearing Examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the Examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The Council may authorize a longer time, at the Examiner's request, for unusually large records or transcripts. 1. If the Hearing Examiner, the appellant and the applicant (if different than the appellant), agree, or upon order of the Council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. 2. Upon completion of the transcript and record, the Examiner shall gill the appellant for all costs incurred by the Examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. 3. Upon the appellant's payment of the bill for the cost of the transcript and record, the Examiner shall by the next business day deliver a copy of the appeal, verbatim transcript and certified record to the City Clerk. The Examiner shall also provide to the Clerk. a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the Examiner. it. The City Clerk will firrnish copies of the transcript and record to the applicant, if different than the appellant, all members of the Council, and the City Attorney. The Hearing Examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if the same as the appellant) and other entities that may request one at the cost of reproduction. 5. If the Council dismisses the appeal on procedural grounds, t:he appellant shall reimburse the Examiner for the balance of the costs incurred by the Examiner in preparing the transcript and record as of the date of the dismissal, if any. H. The Council, at its next regular meeting following receipt of the transcript and record from the Examiner, will schedule a closed record hearing on the appeal. 1. The Council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received fi•om-the Hearing Examiner. The Council may approve a later hearing date upon agreement of the applicant. 2. The appellant, or a party of record in opposition to the appeal, may provide input on the hearing date either in person at the meeting, or by submitting a letter to the City Clerk prior to the meeting. 3. The City Clerk shall mail notice of the time, place and date of the hearing to the appellant; the applicant (if different than the appellant), and all parties of record to the hearing before the Examiner within five (5) calendar days from the date the appeal hearing was scheduled. I_ The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Examiner, except for: Ordinance 05-021 Amending 5Wi 1C 1035.150, hearing nppeels procedures Page 3 of 6 C 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created; 2. Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3. Matters that were outside the jurisdiction of the Hearing Examiner. The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in items (1), (2) and (3), immediately above. a. Any party requesting that the record be supplemented shall submit such request along with the specific evidence to be offered to the Council within fourteen (14) calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors. or inadvertent omissions in the prepat-ation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The _ memorandum must be filed no later than 12:00 noon on the third (3`d) Friday preceding the date set by the Council for consideration of the appeal. . ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second (2°d) Friday preceding, the date set for consideration of the appeal. iii. Ah memoranda shall be limited to stating why the record or applictible laws or regulations does or does not support -the decision., and shall not contain any new facts or evidence, or discuss matters outside the record; except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney, and to opposing parties as practicable. J. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly, all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under- these rules to those in support of or those,opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal, and then rebuttal and surrebuttal. Ordinance 05-021 Amending SVM! C 10.35.150, hearing appeats procedures Page 4 of 6 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by Subsection "I". 4. Oral argument shall be limited to t~xenty (20) minutes total for the appellant, and twenty (20) minutes total for those parties in opposition to the appeal, regardless of how marry parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. K. The Council may affirm or reverse the Examiner's decision, or remand it for further proceedings. The Examiner's decision will be presumed to be correct and supported by the record and law. L. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law, after alloNitIO for such deference as is due the construction of a law by a local jurisdiction with expertise; The decision is not supported by evidence that is substantial when viewed in fight of the entire record; 4. The decision is a clearly erroneous application of the law to the: facts; or 5. The decision is outside the authority of the Examiner. M. The Council may also remand the decision to the Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision, had it been admitted in the proceedings before the .Examiner. "Newly discovered evidence" is evidence that, with reasonable diligence; could not have been discovered and produced at the time the proceedings before the Examiner were conducted. N. The Council shall adopt written findings and conclusions in support of its decision. If the Council concludes that a finding of fact upon which the decision is based is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. 0. The Council's decision shall include a notice stating that the decision can be appealed within twenty-one (21) calendar clays from the date the. decision was issued by filing a Land Use Petition with the Superior Court as provided in RCW Chapter 36.700 and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. Ordinance 05-021 Amending SVMC 10.35.150, hearing appals procedures Page 5 of 6 l P. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation_ for property tax purposes notwithstanding any program of revaluation, pursuant to R.CW 36.70B.130. Q. Closed record appeals before the Council shall be concluded within sixty (60) days from the date the transcript and record are received by the City Clerk, unless the applicant agrees in writing to a "longer period. R. The City Clerk shall, within five (5) calendar days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person xvho requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. S. Where the Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an "official control" of the City by exercise of its zoning and planning authority pursuant to IATashington law. C) Section 3. Severability: If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not atlect the validity of the remaining provisions of this chapter. Section 4. Effective date. Tltis Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Approved this 28`h day of June, 2005. Approved As Pkurm 4-X.-ty C -;(y Ataorney ry P. T~riskcll Date of Publication: July 1, 2005 Effective. Date: ful6. 2005 f'I L~I~,~e~ A' "S' Mayor, Diana, Wilhite City Clerk, Christine Bainbridge Ordinapcc 05-021 Amending SVMC 10.35.150, hearing appeals procedures Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-05-07 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 05-07-2007 11683-11726 $1,462,873.65 05-18-2007 11772-11834 $249,993.05 GRAND TOTAL $1,712,866.60 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Brad Johnson ATTACHMENTS Voucher Lists ~~1 vchlist Voucher List Page: 1 0510712007 3:57:41 PM Spokane Valley Bank cod e : apbank Voucher Date Vendor Invoice PO #t DescriptionlAccount Amount 11683 5!7/2007 001308 ALLEN, HENRY 511107 reimb REIMS. FOR URBAN STREET DESI( 296.39 Total : 296.39 11684 517/2007 000050 APA - INLAND EMPIRE SECTION annual conference REGISTRATIONS FOR APA ANNUA 1,055.00 Total : 1,055.00 11685 517/2007 001310 ARROW CONSTRUCTION SUPPLY 031681 41625 STREET MAINTENANCE TOOL 105.34 Total : 105.34 11686 5/7/2007 001012 ASSOCIATED BUSINESS SYSTEMS 140177 MONTHLY COPY BILLING-MAILROC 1,432.05 Total : 1,432.05 11687 5/1/2007 000030 AVISTA UTILITIES 090091047 2426.N. DISCOVERY PLACE 5,629.64 Total : 5,629.64 11688 5/7/2007 000918 BLUE RIBBON LINEN SUPPLY, INC. 8813770 _ LINENS FOR CENTERPLACE 379.46 Total : 379.46 11689 517/2007 000101 CDWG FFF5867 41618 BUFFALO TERASTATION PRO II 2.C 1,546.93 Total : 1,546.93 11690 5/7/2007 000863 CENTURY WEST ENGINEERING CORP. 023485 41266 0039 - 06-016 ARGONNE ROAD OVI 1,550.66 Total : 1,550.66 11691 5/7/2007 000571 CODE PUBLISHING COMPANY 28221 MUNICIPAL CODE, ELECTRONIC U 388.77 Total : 388.77 11692 51712007 000109 COFFEE SYSTEMS INC 49854 COFFEE & SUPPLIES-CITY HALL 135.78 Total : 135.78 11693 517/2007 001076 CONNELLY, MICHAEL 4130107•'reimb MILEAGE FOR WSAMA CONF IN V~ 354.05 Total : 354.05 11694 51712007 000326 CONSOLIDATED IRRIGATION DIST, #19 05859.0 WATER-DISCOVERY PL SP N 131.50 06377.0 CENTERPLACE-WATER 54.10 4123 discovery park WATER-DISCOVERY PL 17.77 4/23/07 bill CENTERPLACE-WATER 61.77 Page: 1 Vchlist Voucher List Page: 2 05107/2007 3:57:41 PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account - 11694 5/7/2007 000326 000326 CONSOLIDATED IRRIGATION DIST, (Continued) Total 11695 517/2007 001297 DAKOTA ULTRASONICS 014440 41621 CORROSION THICKNESS GAUGE 4 Total 11696 5/7/2007 000683 DAVID EVANS & ASSOCIATES 220556 41315 0016 - APPLEWAY - DAVID EVANS Total : 11697 517/2007 000152 DEPARTMENT OF TRANSPORTATION RE-313-ATB7040410088 Reimb traffic svcs maint off-work orde ' RE-313-ATB70410089. REIMB ROADWAY MAINT OFF SYS Total 11698 5/7/2007 000278 DRISKELL, CARY 4130 reimb MEALS AND*MILEAGE-WSAMA COI Total : 11699 5/7/2007 000246 EAST SPOKANE WATER DIST#1 02051000 WATER-EDGECLIFF PARK 09ODS100 WATER-E 7814 SPRAGUE 09026100 METER NUMBER 58739808 09078100 WATER-7711 E SPRAGUE Total 11700 517/2007 000999 EASTERN WASHINGTON ATTORNEY, SE 00020247 SERVICE ON SPENCER-18813 E. B• Total 11701 5/712007 000746 EMPLOYMENT SECURITY DEPARTMENI 1st quarter 2007 1ST QUARTER 2007 UNEMPLOYME Total : 11702 5/7/2007 000556 GEORGE, CAROLYN 4127 reimb req REIMBURSE TRAVEL FOR TITLE VI Total 11703 5/7/2007 000007 GRAINGER 9346031157 41461 GRAINGER BLANKET PURCHASE C 9346173942 41461 GRAINGER BLANKET PURCHASE: C Total 11704 517/2007 001296 H.D. FOWLER COMPANY INC. 02528316 41620 PENTAGON KEYS FOR STORMWA- Total 11705 517/2007 000117 JOURNAL NEWS PUBLISHING INC. 28960 WASTEWATER TREAT. FIN PLAN h Page: 2 0 ) vchlist Voucher List page: 3 0510712007 3:57:41 PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 11705 517/2007 000117 JOURNAL NEWS PUBLISHING INC. (Continued) 28961 NOTICE OF PUBLIC HEARING-CUP. 87.00 Total : 112.00 11706 517!2007 000132 MODERN ELECTRIC WATER COMPANY 09748-02 4126/07 WATER & ELECTRICITY-VALLEY PI 1,176.66 Total : 1,176.66 11707 51712007 000392 NEXT IT CORPORATION 12770 WEBSITE ANNUAL MAINTENANCE 1,800.00 Total : 1,800.00 11708 517/2007 000058 OCCUPATIONAL MEDICINE ASSOC. 4123107 PHYSICAL EXAM W/ HEARING-TAV 65.00 Total : 65.00 11709 5/7/2007 000652 OFFICE DEPOT INC- 383319856-001 DIGITAL CAMERA & ACCESSORIE: 459.84 384311178-001 41627 OFFICE DEPOT SUPPLIES 64.78 384311219-001 41627 OFFICE DEPOT SUPPLIES 2.66 384311569-001 41627 OFFICE DEPOT SUPPLIES 195.30 384311656-001 41627 OFFICE DEPOT SUPPLIES 4.00 Total : 726.58 11710 51-112007 001033 PFLIEGER, CHARLIE 512 request REIMBURSE FOR GOVERNMENTAL 535.98 Total : 535.98 11711 51712007 000494 PRO PEOPLE STAFFING SERV INC. 22,158 TEMP HELP FOR WK ENDED 4122K 563.20 Total : 563.20 11712 517/2007 001161 PROVISIONAL STAFFING SERVICES 3008-05000015010 MATT KUSHNER FOR WK ENDED 4 1,023.20 Total : 1,023.20 11713 5/7/2007 000322 QWEST 4128/2007 228-0669 INTERNET ACCESS CHARGES-CIT 160.15 Total : 160.15 11714 517/2007 000935 SERVICE PAPER COMPANY 30397517 41598 JANITORIAL SUPPLIES 1,300.49 30397532 41596 JANITORIAL SUPPLIES 57.25 30397534 41598 JANITORIAL SUPPLIES 97.03 30397636 JANITORIAL SUPPLIES 229.02 41598 3397687 41598 JANITORIAL SUPPLIES 150.30 Page: 3 Vcblist Voucher List Page: 4 05107/2007 3:57:41 PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 11714 5/7/2007 000935 000935 SERVICE PAPER COMPANY (Continued) Total : 1,834.09 11715 5/7/2007 OD0001 SPOKANE COUNTY TREASURER April 2007 APRIL 2007 SERVICES 1,360,838.31 Total : 1,360,838.31 11716 5/7/2007 000324 SPOKANE COUNTY WATER DIST. #3 170-0040-03 4/11/07 WATER-PARK ROAD POOL 25.52 Total : 25.52 11717 5/7/2007 000954 SPOKANE REGIONAL HEALTH, DISTRIC' permit-park pool 2007 PERMIT-PARK POOL 273.00 permit-terrace view 2007 PERMIT-TERRACE VIEW POO 273.00 valley mission perm 2007 PERMIT-VALLEY MISSION PG 273.00 Total : 819.00 11718 5/7/2007 000311 SPRINT SPECTRUM, L.P. 0602678198-7 DATA CONNECTION CARD BILLINC 420.32 Total : 420.32 11719 517/2007 000093 THE SPOKESMAN-REVIEW INC. 42365-4/30/07 LODGING TAX GRANT NOTICE 88.60 Total : 88.60 11720 5/7/2007 001217 THOMAS, DEAN & HOSKINS INC. .18642 41490 PROFESSIONAL SERVICES 4,579.07 Total : 4,579.07 11721 517/2007 001160 TOWER ELECTRICAL SERVICES 0021075-IN ' 41369 REPLACE EXTERIOR LIGHTS 1,028.24 Total : 1,028.24 11722 517/2007 001292 UNCLE SAM'S FLAG 07042602 41610 OPERATING SUPPLIES 190.05 Tota l : 190.05 11723 5/7/2007 000167 VERA WATER & POWER 0014-0134275.0141231 SALTESE AND MCDONALD 25.93 0014-032971.00 4/23 ELECTRICITY-16TH AND EVERGRE 50.20 0016-007780.00 SERVICE LOCATION T.V. 22.98 0018-031941.01 ELECTRIC METER NO 7818 61.19 0018-032752.00 4/26/ 1604 S ST CHARLES 20.71 Total : 181.01 11724 5/7/2007 000038 WASTE MANAGEMENT OF SPOKANE OD36020-2681-1 MONTHLY SERVICE-APRIL 2007 62.04 192453D-2681-2 MONTHLY SERVICE-APRIL 2007 313.33 Total : 375.37 P age: 4 _ vcNist Voucher List Page: 5 0510712007 3:57:41 PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice 11725 5712007 000255 WFOA 2007 dues-C Pflieger 11726 5712007 000711 WMCA TREASURER " Vouchers for bank code : apbank " Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as descnbed herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date 2007 C. Acosta 2007 C. Bainbridge .PPR®VED: PO #i Description/Account CHARLIE PFLIEGER-2007 DUES Total 2007 WMCA MEMBERSHIP APPLIC, 2007 WMCA MEMBERSHIP-CHRIS I Total : Ken Thompson, Fb6nce Directoi Mayor WilWte CouncHmember Bank total : Amount . 50.00 50.00 75.00 75.00 150.00 1,462,873.65 Total vouchers : 1,462,873.65 Date Page: 5 r i vchlist • Voucher List Page: 1 05/1812007 2:31:19PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 11772 5/11/2007 001325 ARNOLD, ALLEN Parcel 55184.1518 RIGHT OF WAY-APPLEWAY PROJE 2,200.00 Total : 2,200.00 11773 5/14/2007 000028 FARMERS & MERCHANTS BANK 5114 PAYMENT CREDIT CARD PAYMENTS 2,981.62 Total : 2,981.62 11781 5/17/2007 001140 SPECIAL ASPHALT PRODUCTS INVC037549 41441 QUOTE #0036-06 COLD MIX 703.73 Total : 703.73 11782 5/18/2007 001081 ALSCO LSP0176838 FLOOR MATS FOR CITY HALL 80.44 LSP0192883 FLOOR MATS FOR CITY HALL 59.01 LSP0200940 MATS FOR CITY HALL 59.01 LSP0204977 MATS FOR VALLEY PRECINCT 10.74 Total : 209.20 11783 5/18/2007 000335 ALTON'S TIRE INC. 6-25250 OIL CHANGE-355171) 04 FORD F154 25.72 Total : 25.72 11784 5118/2007 001330 BECK, RUSSELL 5/7/07 request REFUND DAMAGE DEPOSIT 144.00 Total : 144.00 11785 5/18/2007 000918 BLUE RIBBON LINEN SUPPLY, INC. 8815717 LINENS-CENTERPLACE 379.46 Total : 379.46 11786 5/18/2007 000863 CENTURY WEST ENGINEERING CORP. 023519 41285 CONTRACT #06-017 CENTURY WE: 428.70 023537 41587 CONTRACT NO 07-012 CEN.WEST 280.35 023538 41587 CONTRACT NO 07-012 CEN.WEST 221.81 023539 41587 CONTRACT NO 07-012 CEN.WEST 266.78 Tota 1 : 1,197.64 11787 5/18/2007 000729 CH2MHILL INC. 3597819 40691 0009 - VALLEY CORRIDOR ENV. S7 1,292.69 3598372 41025 0003-BARKER ROAD BRIDGE 60,618.37 3598526 41011 SAFETY STANDARDS OF PRACTIC 1,815.00 3599756 41281 0019- BROADWAY AVE CONST. MC 12,095.10 Total : 75,821.16 11788 5/18/2007 000143 CITY OF SPOKANE 00104058 REFUSE-VALLEY TRANSFER STAT 16.17 Page: 1 vchlist : Voucher List Page: 2 0511812007 2:31:19PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice 11788 5/18/2007 000143 000143 CITY OF SPOKANE (Continued) 11789 5/18/2007 000109 COFFEE SYSTEMS INC 49855 49856 11790 5118/2007 000326 CONSOLIDATED IRRIGATION DIST, #19 11982.2-April 2007 11983.2-april April 2006 11791 5/1812007 000152 DEPARTMENT OF TRANSPORTATION RE-313-ATB70213113 R E-313-ATB70313101 R E-313-ATB70410127 11792 5/18/2007 001193 DESAUTEL HEGE COMMUNICATIONS 04-07-06 11793 5118/2007 001333 EAST VALLEY HIGH SCHOOL 5/3107 request 11794 5/18/2007 000106 FEDEX 2-007-71510 11795 5/18/2007 000007 GRAINGER 9351043055 9357477596 11796 5/18/2007 000505 H & H FINANCIAL SERVICES INC. 1315 11797 5/18/2007 000441 HOME DEPOT COMMERCIAL CREDIT various 11798 5/1812007 000313 INLAND ASPHALT COMPANY INC. 4128 statement PO # Description/Account Amount Total : 16A7 COFFEE AND SUPPLIES-CENTERP 153.63 CPFFEE AND SUPPLIES-CENTERP 100.08 Total : 253.71 APRIL WATER 11.50 WATER-BARKER RD GR N 11.50 BARKER RD-WATER 11.50 Total : 34.50 AP PLEWAY AVE-P R ELIM I NARY. EN- 35.82 APPLEWAY AVE RT OF WAY 408.70 APPLEWAY AVE-RT OF WAY 95.48 . Total : 540.00 CENTERPLACE-COUNCIL INTERVII 902.20 Total : 902.20 REFUND DAMAGE DEPOSIT 344.75 Total : 344.75 SHIPPING CHARGES 88.33 Total : 88.33 41461 SILVER PAINT, ROLLER AND ROLL 46.11 41461 GRAINGER BLANKET PURCHASE ( 30.84 Total : 76.95 CENTERPLACE COPIER LEASE 307.34 Total : 307.34 INVOICES PER STATEMENT 642.48 Total : 642.48 STREET CLEANING INVOICE-DISP( 3,578.00 Total : 3,578.00 cIage' 2 vchlist 05118120137 2:31:19PM 0 Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 11799 5118/2007 000022 INLAND BUSINESS PRODUCTS, INC. 55028 EMPLOYEE ID CARD-PATTI MCCOP 23.89 Total : 23.89 11800 5/1812007 001328 INLAND EMPIRE GOLDEN, RETRIEVER ( 518 request REFUND DAMAGE DEPOSIT 50.00 Total : 50.00 11801 5/18/2007 000070 INLAND POWER AND LIGHT CO 94202-002 ELECTRICITY-FLORA RD & TRENT 39.95 94202-003 4113107 ELECTRICITY TRN SIG-DSHMAN MI 61.06 94202-005 DISHMAN MICA AND SCHAFER 126.31 94202-006 STREET-LIGHTING 201.60 Tota I : 428.92 11802 5118/2007 000388 IRVIN WATER DIST. #6 511 -invoice 13544 E. MIRABEAU PKWY-WATER 166.00 Total : 166.00 11803 5/18/2007 001329 LUEBKE, MARILYN 514107 reqyest REFUND DAMAGE DEPOSIT 165.00 Total : 165.00 11804 5/18/2007 000069 MERCIER, DAVID 5/11107 reimb REIMBURSEMENT FOR BOTTLED V 17.97 5116 request REIMB EXPENSES-WCIA MEETING 334.85 Total : 352.82 11805 5/1812007 000132 MODERN ELECTRIC WATER COMPANY 04559-01 ELECTRICITY-11123 E. MISSION 87.25 04562-11 SERVICE ADDRESS 11423 E. MISSI 112.21 04732-01 ELECTRICITY-N. 100 BALFOUR 42.40 VARIOUS APRIL ELECTRICITY AND WATER C 8,147.96 Total : 8,389.82 11806 5/1812007 000062 MUNSON, RICHARD mileage reimb MILEAGE REIMBURSEMENTS FOR 554.75 Total : 554.75 11607 5/18/2007 000240 NATIONAL LEAGUE OF CITIES 39749 NMEMBERSHIP INVOICE NAT LEAC 6,191.00 Total : 6,191.00 11808 5/18/2007 000058 OCCUPATIONAL MEDICINE ASSOC. 517107 INV PHYSICAL EXAMS-NEW HIRES 195.00 Total : 195.00 11809 5/1812007 000652 OFFICE DEPOT INC. 385368920-001 41629 DG-OFFICE SUPPLIES 138.56 Page: 3 vchlist Voucher List Page: 4 0511812067 2:31:19PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 11809 5118!2007 000652 OFFICE DEPOT INC. (Continued) - 385642837-001 41633 OFFICE DEPOT 18.89 Total : 157.45 11810 511812007 000307 OFFICE OF THE STATE TREASURER April 2007 STATE REMITTANCES-APRIL 2007 56,062.16 Total : 56,062.16 11811 5118/2007 000512 OFFICETEAM 18471360 JOYCE FONTAINE FOR WEEK END 552.75 18528545 JOYCE FONTAINE FOR WEEK END 412.50 18583411 JOYCE FONTAINE FOR WEEK END 379.50 Total : 1,344.75 11812 5118/2007 000899 ONEEIGHTY NETWORKS 566869 T1 LINES CITY HALL & CENTERPLE 828.18 Total : 828.18 11813 511812007 000119 PIP PRINTING INC. 1330037620 41628 ROAD MAINTENANCE NOTIFICATIC 85.79 Total : 85.79 11814 5/18/2007 000494 PRO PEOPLE STAFFING SERV INC. 22,183 BRETT JOHNSON-WK ENDED 41291 552.80 Total : 552.80 11815 511812007 001161 PROVISIONAL STAFFING SERVICES 3008-0500015062 MATT KUSHNER FOR WK ENDED d 1,023.20 3008-0500015116 MATT KUSHNER FOR WK ENDING 1,023.20 Total : 2,046.40 11816 5/1812007 000019 PURRFECT LCIGOS, INC. 18714 41631 SIGNS 190.05 Total : 190.05 11817 5/1812007 001331 ROGERS HIGH SCHOOL, C/O BUSINESS 5/4/07 request REFUND DAMAGE DEPOSIT 252.75 Total : 252.75 11818 511812007 000709 SENSKE LAWN & TREE CARE INC. 1671978 CONTRACT MAINTENANCE-2426 N 49,799.38 1671979 CENTENNTIAL TRAIL MAINTENANC 1,938.51 Total : 51,737.89 11819 5/1812007 001075 SOLACE, INC. 115 41655 ADVERTISING 275.40 Total : 275.00 i age: 4 ° U vchlist 05/18/2007 2:31:19PM Voucher List Page: Spokane Valley 5 Bank code : apbank Voucher Date Vendor Invoice PO # 11820 5/1812007 001174 SPACESAVER NORTHWEST 502865 41666 502878' 41666 11821 11822 5/18/2007 001140 SPECIAL ASPHALT PRODUCTS INVC038030 41658 5/1812007 000499 SPOKANE COUNTY LIBRARY DIST. 519107 11823 5/1812007 000308 SPOKANE COUNTY PROSECUTING, AT] April 2007 11824 5118/2007 000459 SPOKANE COUNTY TITLE CO. 11825 5118/2007 000323 SPOKANE COUNTY UTILITIES 11826 5/18/2007 000406 SPOKANE REGIONAL CVB 11827 5/18/2007 001327 SPOKANE VALLEY FIRE DEPT 11828 5/18/2007 000516 TETRA TECH/KCM 11829 5/18/2007 000014 TYLER TECHNOLOGIES, INC. 137263 0153641065364 0166311066631 511 0170221067022 0244331074433 0271291077129 031608/081608 034354/106428 037059/109325 042903/115953 4-07 lodging 5/4107 50078040 0104998 Description/Account LABELS ANYWHERE STOCK AND 1 LABELS ANYWHERE STOCK AND 7 Total : SPECIAL ASPHALT COLD MIX Total PAST DUE PROPERTY TAX PAYME Total : CRIME VICTIMS COMPENSATION F Total : ORDER CANCEL FEE AS PER SCHI Tota I : MONTYLY SEWER CHARGES-1352 1901 N SULLIVAN RD-SEWER CHAT SERVICE ADDRESS-105 N. BALFOI SERVICE ADDRESS 906 N. PARK R SEWER CHARGES-VALLEY PRECII SERVICE ADDRESS=11423 E MISSI- SERVICE ADDRESS 606 S PARK RI SERVICE ADDRESS-13504 E MIRA[ 2426 N. DISCOVERY PLACE-SEWE Total 4-07 TOURISM MARKETING CONTF Total : REFUND REQUEST Total 40617 TETRA TECH TOP SOIL MIX DESIGI Total 41453 Eden/Tyler Technologies- Amount 489.03 380.06 869.09 703.73 703.73 4,559.18 4,559.18 853.30 853.30 81.45 81.45 167.77 27.68 78.80 78.80 44.23 255.19 62.68 62.68 781.95 1,559.78 11,214.00 11,214.00 237.50 237.50 976.10 976.10 4,320.93 Page: 5 vchlist Voucher List Page: 6 0511812007 2:31:19PM Spokane Valley Bank code : apbank Voucher Date - . Vendor Invoice PO # 11829 5/18/2007 000014 000014 TYLER TECHNOLOGIES, INC. (Continued) 11830 5/1812007 000337 UPS OOOOY3F950187 11831 5118/2007 000167 VERA WATER & POWER . 0001-031971.02 0001-032805.00 - 0002-001425.01 0004-000755.01 0005-016348.01 0006-033021.00 0099-000005.00 11832 5118/2007 001332 WEST VALLEY HIGH SCHOOL 514/07 request 11833 5/18/2007 000417 WESTERN DANCE ASSOCIATION -April 4 e-mail 41657 11834 5/18/2007 000089 XO COMMUNICATIONS, INC. 0215922539 56 Vouchers for bank code : apbank 56 Vouchers in this report APPROVED: I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Description/Account Amount Total : 4,320.93 SHIPPING TO AASHTO PU6LICATIC 8.45 Total : 8.45 ELEC METER 941-EVERGREEN'AN 74.08 ELEC METER NO 6666 21.63 ELECTRIC METERS 8492,4319,829,9 165.86 ELEC METERS 734,3901,AND 6845 162.94 ELEC METER NO 5101 58.39 SERVICE LOCATION-EVERGREEN 21.63 STREET & HIGHWAY LIGHTS 1,714.40 Total : 2,218.91 REFUND DAMAGE DEPOSIT. 99.00 Total : 99.00 UTILTIES 192.00 Total : 192.00 INTERNET AND VOICE ACCESS 1,602.25 Total : 1,602.25 Bank total : 249,993.05 Total vouchers : 249,993.05 Ken Thompson, Fh=ce Director i W~j O Date _015ge: 6 Cl CITY OF SPOKANE VALLEY O Request for Council Action Meeting Date: 06-05-07 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending May 31. 2007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 175,262.76 Benefits: $ 80.966.63 TOTAL PAYROLL: $ 256,229.39 STAFF CONTACT: Brad Johnson ATTACHMENTS 1) - DRAFT O i<uNIJT_I✓S cny ar SPOKANE, VALLEY CITY COUNC]T, STUDY SESSION Tuesday, May 15, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Present: Councilmembers: Strff Diana Wilhite, Mayor Dave Mercier, City Manager [arrived 6:20 p.m.] Steve Taylor,.Deputy Mayor Nina Regor, Deputy City Manager Dick. Deneriny, Councilmember Mike Connelly, City Attorney Mike DeVleming, Council.member Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Ken [7iompson, Finance Director Rich Munson, Councilmember Neil Kersten, Public Works Director Gary Schimmels, Couneilmember Mary Kate Martin, Building Official Rick VanLeuven, Police Chief Mike Jackson, Parks & Recreation Director Greg McCormick, Planning lManager Carolbelle Branch, Public Information Officer Ch.ristBainbridge, City Clerk Fml)loyce Introductions: Sue Possmore by Rrinez Reg or Deputy City Managcr Regor introduced Sue Passmore, newly hired Administrative Assistant for the Mayor and Council; and mentioned that Ms. Passmore previously worked with the Educational Service District 101, and also has municipal experience from the City of Yuma.. Council welcomed and greeted Ms. Passmore 1. Americans with _Disabilities Act: (AIWA) Sidewalk Requirements - Mike Connelly City Attorney Connelly explained that he previously submitted a memorandum to Council in February which discussed specific rules about sidewalks; and his second memorandum now discusses sidewalks in relation to ADA requirements. Attorney Connelly mentioned that we need a transition plan; and have designated Finance Director Ken Thompson as the A.DA "responsible employee." Concerning the required self evaluation, Mr. Connelly explained the County should have completed a self-evaluation, but: at this point, such document has not been located; and if it is determined that such a self evaluation plan from the County cannot be located, we will need to complete one; that if we determine structural changes are necessary for accessibility, then we must also develop a transition plan, which must be implemented as expeditiously as possible, such plan setting out what current obstacles limit accessibility to the existing facility; and how the facility will be made accessible. Mr. Connelly summarized his February 20, 2007 trremorandum concerning current code provisions, legal guidelines, and enforcement considerations. A question was raised conceming who has the legal obligation to remove snow and ice, and-Mr. Connelly stated that it is the property owner's responsibility to rernove suow and ice within a reasonable time, that the regulation is difficult to enforce as many times by the time a notice is sent to a property owner, the ice and snow have melted. Mr. Connelly said that legally, natural accumulations of dirt or debris do not need to be removed from a. public sidewalk. Councilmcrziber Munson brouo A up the question of sidewalks around the back of properties, such as around 32nd street, and whether we expect the homeowner to clear those sidewalks. Attorney Connelly responded that the options are to tell the homeowner they have to clear it regardless of the sidewalk's location, change the ordinance and not required sidewalks to be shoveled; or come up with an ordinance that distinguishes between those sidewalks and others, yet have the ordinance drafted to meet the tests of such action not being arbitrary and/or capricious. Public Works N-feeting Minutes: 05-15-07 Page i of 4 Approved by Council: :I):FtAW Director Kersten stated that the County is still doing snow removal at this time, but to have them do sidewalks, or specific sidewalks, would be very costly. Councilmember Munson asked what the cost r would be, and Mr. Kersten said it would require some research to make that determination. Attorney Connelly added that there also exists the issue of those who park on sidewalks and thus hinder people's free use of sidewalks; and he'd like to include that in the ordinance; that we likely already prohibit obstruction of sidewalks, but that could be more specific and a violation could be added making it a nuisance to block the public right-of-,%vay. Other discussion points included keeping the process the same, c.g. reactionary or compliant driven; sidewalks near schools; identifying other high risk areas; enforcement; high bus traffic; private contracting issues and paying prevailing wages; a sidewalk maintenance program for people to borrow from to fix their sidewalks; and other cities' sidewalk ordinances.. Regarding ADA issues, Attorney Connelly summarized the issue by stating that we have to identify the problem, come up with a plan and funding to fix the problem; and that the plan needs to bring all public facilities into ADA compliance, adding that new construction addresses these issues automatically. Attorney Connelly also said research needs to be conducted to determine what the County did, so as not to repeat those efforts. It was Council consensus that staff will look at other cities ordinances, pursue the existence of any County plan, corne up with a budget for doing our own plan, and to administratively target certain areas for snow removal by code enforcement; and to report: the research results back to council. 2. ApplewirV Avenue Project: Update - Steve Worley Public Works Director Kersten mentioned that this is a project update for council prior to soliciting bids; that this item will return to council for the bid award; that the total budget for this project is over six million dollars; and that the plans and specifications are 95% complete. Mr. Kersten then explained the area of the project as shown on the drawing; and mentioned the need to have all the rights-of.--way certified before putting this out for bids, which he hopes to accomplish in a few weeks; and that the / project wi11 likely cagy through the winter, but no sections will remain unpaved. 3. Wastewater Financial Plannit) olicy Issues - Neil Kersten Director Kersten explained that this is an opportunity to Council to discuss wastewater policy issues a reviewed during the joint Council/County May 1 meeting. Councilmember DeVleming mentioned that this would be advisory to the County as they have the ultimate decision; and Mr. Mercier added that Commission Chair Richard invited Council to provide input by way of suggesting reasonable options. Discussion ensued regarding the 2008 proposed rate options for consideration; the proposed discount rate for seniors and low-income citizens; and that it was Council consensus to use the 20% discount as opposed to the previously County recommendation of 30%. ivfr. Truce Rawls was also in attendance, and said that using a 20% rate would almost exactly level the rates for seniors, and the rate increase to others would be a 3 7¢ rate increase instead of 56¢. Other discussion items included the STEP charges as shown on slide 14; and non-point source options as part of the TiMT)L: (total maximum daily load). Mr. Rawls also mentioned that a new public hearing date (other than a Tuesday night) has not yet been set; and lie asked if Council has other policy issue preferences, to please send such to him by the end of May. 4. Uniform Development Code (LJDC) Title 24 -Marv Kate Martin Building Official Martin went through her I'owerPoint presentation hitting the highlights of UDC Title 24, and trrentioned that options are to re-adopt the International Codes every three years, or adopt perpetual language in our ordinance; adding that the ordinance can always be amended later if necessary. Ms. Martin mentioned that most of the items in this title are regulated by code; that electrical systems are regulated through Labor and industries; that the model codes as adopted by the State have some limited options, and we can make the ordinance more restrictive if desired. In response to Council questions concerning section 105 Permits, Ms. Martin said that the permit sections are generalized as the international code no longer includes specifics; that ifa permit expires it doesn't mean the project is dead, ° Meeting Minutes: 05-15-07 Page 2 of 4 Approved by Council: DRAIPT but that staff will need to perform a review to make sure there are no changes. Concerning 80% fee refunds as explained in the Bequest for Council Action (RCA), Ms. Martin said that most jurisdictions use the 80% and it is intended to cover administrative costs, that the percentage is usual and customary, and Spokane County and the City of Spokane have the same policy. Councilmember DeVleming asked about maintaining a. minimum temperature of 65° (as shown on page 8 of the RCA), and asked if that conflicts with nonresidential energy code as many warehouses keep the heat to a maximum of 50°. Ms. Martin said she believes that regulation likely applies to tenant buildings where the heat is centrally controlled by the building owner, but that she will research that in more detail. It was Council consensus to place this on the next council meeting agenda for ordinance adoption consideration. 5. Uniform Development Code (UDC) Titles 19 and 22 -'Marina Sukul) Planning Manager McCormick gave an update on the progress of UDC Tittles 19 and 22. In response to Councilmember DeVlemi.ng's question concerning these titles and Council's inability to discuss thern at this point, Deputy Mayor Taylor said he requested Council get information on some changes made following public comments as he feels it is important to understand how staff is administering policies of the comprehensive plan within these development regulations, to make sure the goals of the Plan will be accomplished; and to be informed prior to the time when Council will debate this title. Councilmember DeVleming voiced his disagreement and said that hearing; this tonight without Council discussion is awkward. Mr. Mercier added that tonight's proposal is for Mr. McCormick to present information to Council for their thoughts away from the dais, and is art attempt to satisfy a range of council desires. Mr. McCormick then gave his PowerPoint presentation giving the background as noted in the May 15, 2007 Bequest for Council Action form. Mr. McCorrick added that the regular Planning Commission is scheduled for next Thursday, and that the Commission has worked through all the main categories in Title 19, and will go back over definitions. Councilmember DeVletning asked about applying for a 'second extension to complete this work, and Mr. Mercier responded that he didn't think it was possible; and Mr. McConmick added that CTED only allows one extension, and that extension ends the end of September. Mr. McCormick explained that once the Planning Commission completes Title 19, the goal is to get that to Council for review while staff and the Nanning Commission work on title 22, with a target date to complete Tittles 22 and 19 by the end of Juoc. M_r. McCormick also mentioned the Commission has scheduled several special meetings in order to meet that schedule. Mr. Mercier said that if the process is not timely completed, the City would be in noncompliance, which might provide an impediment to other plans the City wants to adopt. In response to Councilmember Munson's comments that he would like to know what discretion was used in interpreting the law and where we differ from the adopted Code of the County, Mr. MCCornhick said they are in effect, throwing out the Spokane County Code and starting from scratch; and that Titles 19 and 22 are two major titles where Council has a large dUd of discretion to implement the compreh ens i ve. plan through these regulations. After discussion concerning the timeliness of this process, Mr. Mercier said staff can relay to the Commission; COnllcll'S desire to have the material furnished at the earliest possible date, but that lie is confident the Commission is aware of and sensitive to those needs. 6. Advance Agenda Additions - Mavor Wilhite Mayor Wilhite mentioned that there will be no meeting the day after M-emoria.l Day; she reminded everyone of the June 2 retreat at Councilmember Denenny's cabin, and said that if the schedule and the Planning Commission review allows, perhaps the UDC (Uniform Development Code) July 17 discussion could be moved up a week earlier. Councilmember DeVleming said that the Student Advisory Committee will be ready to make recommendations for filling vacancies, and he would like to do so at the June 19 meeting; and that he is also working on a memo regarding crime reporting trends that he hopes to have as an information only item in the June 5 packet. It was also mentioned that regional transportation concun-ency report by Glerut Miles is scheduled for the June 26 council meeting. Meeting Minutes: 05-15-07 Page 3 of 4 Approved by Council: 'DRAFT 7. ,Irrfrnna_atfon Only Applewuy Fx[ensiorl Metropolitan 7i°ansit F'lun (~1TTP) -Steve Worlex This was an "information only" item and was not reported or discussed. 8. Council Check-in - Mayor Wilhite Mayor Wilhite asked that councilmernbers remember to give their vacation schedule to Sue Passrnore. 9. City iNlanager Comments - Dave Mercier City Manager Mercier announced that a CT);D (Community, Trade & Econornic Development) meeting is set for Wednesday, May 30, from noon to 1:30; and that CTED is diming to this area to gather municipal officials to continue the discussion on joint.plarming and other relevant matters; and that the meeting will be held in the Champions Room at the Arena. Councilmember Munson said that he will be chairing that meeting. EXECUTIVE SESSION: Pending Litigation: Land Acquisition It was moved by Cou ncilmember Mntnson, seconded and unanimously agreed, to acjo-urn into executive session for pending litigation only, for approximately forty-frve minutes, to take a five-minute recess prior to the executive session, and that it is not certain if any action will be taken upon the Council's return to reg7dar session. Council adjourned into executive session at 7:40 p.m. Mayor Wilhite declared Council out of executive session at 8:25 p.m. It ►vas moved by Deputy Mayor Taylor and seconded, to authorize the City Attorney to Make a co-anteroffer to the Contty regarding the proposed Appleivay right-of-wvct) which will be subject to approval by both the Cowity Commissioners and the City Couatcil. Vote by Acclamation: In Favor: Mayor Wilhite, Depta), Afayor Taylor, and Councilmembers Schinntrels, Denenny, C;othmann, and De k7en ing. Opposed: Councibneulber Minton. Motion carried. It was moved by Councilmember Denenny, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:26 p.m. AI'I-I ST: Christine Bainbridge, City Clerk Liana Wilhite, Mayor Vfecting Minutes: 05-15-07 Page 4 of 4 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, May 22, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 116'" meeting. Attendance: City .Staff: Diana Wilhite, Mayor Nina Regor, Deputy City Manager Steve Taylor, Deputy Mayor Cary DriskelI, Deputy City Attorney Dick Denenny, Councilmember Mary Kate Martin, Building Official Mike DeVleming, Councilmember Steve Worley, Senior Engineer Fill Gothmann, Councilmember Mikc .Jackson, Parks & Rec Director Rich Munson, Councilmember Mike Thompson, Fire Chief Gary Schimmels, Councilmember Marina Sukup, Community Development Director Scott Kuhta, Senior Planner Carolbelle Branch, Public Information Officer Erik Lamb, Legal Intern Greg Bingaman, IT Specialist Carrie Acosta, Deputy City Clerk ENVOCATION: Councilmember Rich Munson gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. U ROLL CALL: Deputy City Clerk Acosta called roll; all Councilnembers were present. APPROVAL OF AGUNDA: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AN[:) none CONNFN1HTTEE, BOARD, LIAISON STWINIARY REPORTS: Councilmember Denenny: mentioned lie attended a Spokane Transit Authority (STA) meeting, thb Kendall Yards reception, an executive committee meeting for'the 1F1ealth Board where they went through their job descriptions, and he attended the Change of Command earlier today. Deputy Mayor Taylor: stated he attended the Convention and Visitors Bureau Annual 'T'ourism Awards on Friday. Councilmember Gothmann: mentioned he spoke at SVDA meeting and talked about the Appleway Corridor; he attended the Spokane Regional Health District meeting where they decided on the structure. They will have a medical officer and an administrator who will report directly to the medical officer. He stated Spokane County is interested in discussing changes between Spokane Valley and the Housing and Community Advisory Committee regarding HUD funding. He attended the Leadership Prayer Breakfast, State of the City for Liberty Lake, Open House for Pines-Mansfield/Sullivan-Appleway which he stated was very well attended. He attended an All-Military lunch, the Tourism Awards, and Fire District One's dedication of a new ladder truck, two paramedic trucks and a general pumper truck. Councilmember Munson: stated lie attended the STA meeting, the Association of Washington Cities (AWC) Resolutions Committee meeting which is the basis of the lobbying effort in Olympia. He indicated AWC will be more active at the national level and will be putting an effort into establishing policies and resolutions that will better reflect the needs of Spokane Valley at the national level. l4e Council Meeting: 05-22-07 Page 1 of 3 Approved by Council: DP- k'T attended the Tourism Luncheon, the ?rational Prayer Breakfast, and the Police Chaplains Appreciation Breakfast for police officers. 0 'MAYORIS R.rPORT: Mayor Wilhite mentioned she welcomed people from the Northwest Power Association. She also attended the Sheriffs Prayer Breakfast, the Change of Command ceremony, the Convention Visitor's Bureau Awards, the Kendall Yards Reception, the Military luncheon, the Jr. Lilac Parade and the Lilac Parade. PUBLIC COMMENTS: Mayor Wilhite invited public comments. Sami Perry. 11717 E. View Ridge Lane: At the request of Steve Worley, Senior Engineer, Ms. Perry presented some of her design ideas for the Barker Street Bridge project. Her designs included artistic panels carved into the bridge sides that represent our area and events that take place within our community. She stated the designs will help prevent vandalism, will be maintenance free and will be designed to highlight valley characteristics. She explained that to view the panels, a person would need to be either on the river or on the trail. The panels were designed to represent both agricultural and industrial aspects of Spokane Valley. Councilmember Munson asked what the cost for the artwork would be, and Mr. Worley explained that cost has not yet been determined, but if we cim include it in the bid it may be funded by state dollars along with the overall bridge project. Councilmember Gothmann expressed that this is a great idea. Councilmember DeVleming agreed and stated he would like to see the final version before giving approval. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Following Claim Vouchers: VOUCI-TER LIST DATE VOUCHER. 1€s TOTAL VOUCHER AMOUNIT 04-30-2007 11631-11682 $249,666.07 05-09-2007 11727-11771 $316,612.54 GRAND TOTAL $566,278.61 b. Payroll for Period Ending May 15, 2007: $181,870.48 c. Minutes of May 1, 2007 Joint Council/County Meeting d. Minutes of May 8, 2007 Regular Council Meeting It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the Consent agenda cis presented NEW BUSINESS 2. First ReadingProposed Ordinance 07-009 Amending Definitions -Cary Driske_l_l After Deputy City Clerk Acosta read the ordinance title, it ►vas moved by .Deputy Mayor Taylor and seconded, to suspend the rules and adopt Ordinance 07-009 as drafted. Deputy Attorney Driskell told Council this is a housekeeping item that adds a definition for City Manager that identifies "or Designee" and will also replace the numbering system with an alphabetizing system so that when a new definition is added in the future there will be no need to renumber everything. Councilmember DeVleming asked what language would be used to make sure it would not be the "or Designee" option should council ever determine they want something clone specifically by the City Manager. Mr. Driskell said that provision would be drafted into the document as the need arises. Mayor Wilhite invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3 First Reading Proposed Ordinance 01-010 Adopting Uniform Development Code Title 24 - Marv Kate Martin After Deputy City Clerk Acosta read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to approve Ordinance 07-010 adopting Uniform Development Code 'T'itle 24 as submitted. Council Ivieeting: 05-22-07 Page 2 of 8 Approved by Council: DRAFT Building Official Martin addressed comments brought up at the previous council meeting with regard to Councilmember DeVleming's concern with a portion of the property maintenance code. She informed council the only amendment to the text was to remove text placeholders for a date and timeframe for the eMctiveness of the minimum heating requirement. She also determined there is no conflict to the energy code. Ms. Martin explained that based on attorney recommendations, she would like to add perpetual adoption language to 24.40.020, adding "as presently constituted or subsequently amended by the State of Washington" so the City would not need to readopt each time. Deputy Mayor Taylor asked if council has the ability to add to or not accept portions of the State codes. Ms. Martin explained the City has the ability to locally amend any portion of the State codes except residential codes, which can be amended but need the State's approval and cannot be less restrictive than State codes. In addition, the City cannot amend the energy code. Ms. Martin said this perpetual adoption language does not preclude the City from making local amendments. Councilmember Munson asked about the changes made to the grading code. Ms. Martin explained that the changes reflected in the grading code only address private driveways and his concerns will be addressed in the Street Standards in Title 22, which has not yet been brought before council. Councilmember Denenny asked for clarification on the fees associated with requesting a permit extension. Ms. Martin explained that if arl extension is requested prior to permit expiration, there is no charge. However, if the permit has already expired there is a charge to extend it. Ms. Martin also pointed out to council that the swimming pool codes were not included in the code. Based on legal recommendation she is requesting to add appendix G. which is currently not adopted. Deputy City Manager Regor recommended to council they move forward with this first reading as it is, and include appendix G in the second reading. It was moved by Deputy Mayor Tcylor and seconded, to amend his original motion to move Ordinance 07-010 adopting Uni forni Development Code Title 24, to a second reading. Mayor Wilhite invited public comment. Mary Pollard - 17216 E Baldwin Ave.: Ms. Pollard submitted a letter into the record addressing Ha7ards, Permit Requirements, and Engineered Grading. Deputy City Clerk Acosta read her comments and attached them to the draft minutes. Maly Pollard - 17216 E. Baldwin Ave.: Ms Pollard submitted a letter on behalf of the North Greenacres Neighborhood Planning Committee addressing Specific Building Codes, Appeals, Exempted Work, Retaining Walls, and Grade. Deputy City Clerk Acosta read the comments and attached them to the draft minutes. Vote by .Acclamation: In Favor: Unanimous. Opposed. None. ,Vfotion carried. 4. Proposed Resolution 07-007 Amending 2007 Transportation Improvement Program (TIP)- Steve Worley it was moved by Deputy lllayor Taylor and :seconded, to approve Resolution 07-007 adopting the Amended 2007 TTP as presented by staf. Senior Engineer Worley explained the public hearing on this issue was held April 20 and they did not receive any public comments. Minor changes were made to the amended TIP based on recent issues that have come up. The Street Preservation Projects lists projects that are still undetermined as to funding options; three were submitted for FTA funding through Spokane Regional Transportation Council and he does not yet know the results. He is requesting that although we don't know whether we will be able to do all the projects or not, he would like to have them included in Council Meetine: 05-22-07 Page 3 of 8 Approved by Council: DRAFT the TIP and depending on funding and staffing levels, he will try to get as many of the projects done as possible. Councilmember DeVleming asked which projects the City had requested additional funding. Mr. Worley identified the Evera~reen Road project, 24th - 32nd, 8 b Avenue, Havana St. to McKinnon Rd, and Sprague Avenue, Bowdish to Pines Rd. FTA funding is the basis for determining when roads will be resurfaced. Councilmember DeVleming asked if utility companies have been notified of the projects. Mr. Worley said he will verify that they will be if they have not. If none of the applications for FTA funds are selected to be reconstructed with FTA money, then the City will resurface the roads as soon as possible in coordination with the utility companies. Councilmember Munson asked which projects score well with STA that are on bus routes. Mr. Worley pointed out that all of the projects are on bus routes, but he still doesn't know how STA will rank Spokane Valley roads when compared to smaller jurisdictions. Mr. Worley explained that because of the TIP funding deadline, a determination as to which projects to proceed with and which are dropped needs to be made as soon as possible; and said that'this TII' focuses on 2007 only. Councilmember Gothmann asked if there is information relative to the road study currently happening as far as ranking and the condition of roads. Mr. Worley indicated that yes, based on infonnation from their consultants, scoring of the roads last year helped to identify which roads should be addressed this year. Mayor Wilhite invited public comment, none was offered. Vote by Acclamatibn: b2 fmmor: Unanimous. Opposed: None. :11fotion curried. 5. Motion Consideration: Appleway Extension. Metropolitan Transportation Plan (MTP) Request - Steve Worley Senior Engineer Worley gave background information to council on placing the Appleway Extension 1 project on the MTP. The County received funding from the Transportation Improvement Board (TIB) in the amount of $4.2 million to proceed with the extension of the SpraguclAppleway Couplet. When Spokane Valley incorporated, we inherited the project and tried to move forward. Spokane Valley discovered that in order to use the TIB funds, the project needed to be on the MTP. The City has been working with Spokane Regional Transportation Council (SRTC) to try to proceed; however, was not able to meet the timeline the TIB set to get the project on the MTP. The City had an agreement through SRTC to use Federal Rinds, which would take the place of the TIB funds, and the City would relinquish tile TLB funds. In the end, the City still has $4.2 million. Mr. Worley further explained the reason the City has had a difficult time getting the project on the MTP is due to the very involved process and alternatives analysis that takes place through an environmental assessment process. Much of that work has already been done as part of SpraguelAppleway Revitalization plan. The consultants have looked at land uses and transportation alternatives and brought forth a recommendation that was presented at the joint meeting with Council and the Planning Commission. Other than the public meetings on the Revitalization plan, there has not been much Council discussion on this issue. Because of this, Mr. Worley is seeking direction from council as whether or not to move forward to request SRTC put this project on the MTP. If the City can get this project on the MTP, that allows for use of the $4.2 million to start the design process and finish the environmental assessment process. The MTP can be amended every three years and this year it will be amended by the SRTC board. SRTC has requested from all jurisdictions all projects they would like to have included on the MTP. Mr. Worley is asking if his department should submit a letter to SRTC requesting this project be added to the MTP. He also stated Glenn Miles With SRTC agrees this plan meets all of the requirements for public involvement and alternatives analysis. The MTP is scheduled to be adopted at the July SRTC board Council Meeting: 05-22-07 Page 4 of 8 Approved by Council: DRAFT meeting. If we don't ask to be included in this amendment, we will need to wait three years or make a special request of SRTC to amend the MTP again with regard to this project. Councilmember Munson said he would like to know the implications to council. He asked if the City moves forward with this as presented by staff and the timing changes, will the City lose the funds? Mr. Worley clarified that this request is looking only at that portion of Appleway and Sprague from Argonne Cast. The road portion that already exists does not need to be included in the MTP process. Councilmember Munson asked what will happen if Council decides not to go along with the recommendation. Mr. Worley explained we would need to go back to SRTC and request it be revised within the MTP. He does not think that would be difficult to do; however, he cautions that if we are not sure now, he would not recommend we start spending the money. Development is moving forward based on what was discussed at the joint meeting of the Planning Commission and Council. It was his understanding there was agreement among both parties about what the consultant was proposing. Councilmember Munson stated there was no vote taken and that is what is necessary. Councilmember DeVleming stated that from the time the consultants made their presentation to now, there has not been opportunity for public comment. He believes that should be the process. He further asked if we need to be specific with what we want to do or can we just move forward with the extension of Appleway? Mr. Worley stated in order to get the project included on the MTP, we have to have sufficient detail for what is being requested. This would include the number and direction of lanes, etc. The City only has until approximately mid-June to decide whether to move forward with this project. Mr. Worley clarified this request: for the NITP is from Argonne to east of Sullivan Road and is then divided into projects within the corridor based on what is best for development of City Center. The $4.2 million in Federal funds can be used on any project within t_he corridor. The previous request for TIB funds is not enough to complete the extension of a three-lane road from University to Evergreen. Mr. Worley indicated they are looking to put in a grant application to get the remaining fiends from TIB to complete that portion of the project. Deputy Mayor Taylor stated the MTP is a 20-year plan and updated every three years. He then asked why it is necessary to include the reduction of lanes on Sprague Avenue in the fiends application for Appleway. Mr. Worley explained that element of the proposal is necessary because at this time the traffic models do not indicate the need for additional lanes within the corridor. According to the traffic model we have been using, there is no need for more capacity. This proposal will provide landscaping; sidewalk, and maintain the same number of lanes. Deputy Mayor Taylor expressed his concern about concurrency issues, the effects on Sprague Avenue by reducing lanes, and increased congestion pushing traffic to 1-90. He stated he is concerned because he hasn't received input from City staff on the project, only from the consultant. Deputy Mayor Taylor further stressed he feels we have had a lot of opportunity for public comment, including workshops and traffic modeling. Councilmember DeVleming has concerns over the attendance at those public forums and workshops. He is concerned with the proposal to reduce lanes and its impact on future growt:h.'He stated tie believes it is a step backwards and the community needs to have more input on this particular issue. Councilmember Munson asked what the consequences are for council in terms of money should we go forward with this recommendation now and then change our minds. He agrees with Councilmember DeVleming that we have not had enough public input to make a final decision. Mr. Worley says if Council moves forward with the recommendation to add this project to the MTP, the funding will not be jeopardized if-the), later change their minds. To request additional funding, we need to know what is being built - two lanes or three lanes, directional flow, etc. Deputy Mayor Taylor said he is worried Sprague will become similar to Monroe Street in Spokane: two lanes each way with a center turn-lane, very narrow and highly traveled. He does not want to shrink Council Meeting: 05-22-07 Page 5 of 8 Approved by Council: DRAFT Sprague Avenue. Mr. Worley explained traffic will use Appleway and have access limited to only the major intersections to keep traffic moving. VN`hen new developments come in they will be required to access Appleway off of interior roads. Councilmember Denenny pointed out that overall there will still be the same number of lanes of traffic on Sprague and Appleway - from seven lanes to five on Sprague and adding two lanes to Appleway. Mayor Wilhite asked Mr. Worley when he needs a decision from council in order to apply for TI-13 funds. Mr. Worley indicated Mid-August. 'Mayor Wilhite said she does not want to lose the finds, but stated Council needs more discussion to decide. She would like to have this item placed on the agenda for the Council Retreat and have a staff presentation. Mr. Worley clarified the deadline to request this project be added to the MTP is June. The project needs to be on the MTP in order to request TIB funds. Councilmember Denenny expressed he feels there has been a lot of public input in this process and it is now time for Council to take that input and make a decision. Councilmember Gothmann recommended staff provide a schedule of timelines; that there is more discussion among Council; and that there is more opportunity for Council to get public input. He believes Council needs to accommodate the timelines presented by Mr. Worley. Councilmember Munson asked that Council direct staff to move forward with the request to add this proposal to the MTP. Once it is on the MTP, we can then move forward with the grant application to TfI3. If it is added to the M'CP and a decision is not made as to whether the City will move forward with the project, it will probably delay the application for T1B funds for another year. Deputy Mayor Taylor agrees Council should move forward tonight. He asked staff to provide an analysis of concerns from folks about concurrency issues, impacts that this change may or may not have on our system, and north-south circulation. It was moved by Deputy Mayor Toylor and seconded to direct staff to move forward with a request to ,SRTC to have the extension of Appleway Avenue east of University Road ameixled into the 2007 update of the Spokane Metropolitan Transportation Plan, based on the preliminary recommendations of the J SproguelAppleway.Revitctlization Plait. Mayor Wilhite invited public comment; none were offered. Councilmember DeVleming stated he will vote no because he thinks it sends a message to the public that Council is making a decision without their input. Councilmember Schimmels thinks it is long overdue for Council to step out and get their feet .wet.. Councilmember Munson doesn't think this vote will inhibit public input. Councilmember Denenny supports the motion. Vote by Acclamation: ba Favor: Deputy Mayor Taylor, Councilinember Munson, Councilmember Gothntann, Councilmember Denenny, Councilmember 5chiminels. Opposed: Mayor Wilhite, Councilmember DeVlenting. Motion carried. Mayor Wilhite called for a break at 7.45 p.m. At that time, Councilmember Schimmels was excused from the meeting. The meeting reconvened at 7:50 p.m. 6. Motion Consideration: Solid Waste Options - Caly Driskell Deputy Attorney Driskell stated this motion consideration comes from failure of staff to follow through on the process they thought they had previously done with regard to solid waste collection. Council had previously directed staff to notify \NrU 1'C (Washington Utilities and Transportation Commission) of the City's desire to terminate the tariffs of the City's existing providers, thereby starting a seven-year clock in which those providers would still provide services while other options could be determined for future collection. The letter was not sent and therefore, that seven-year window has not been started. Staff has now offered options to council for consideration. 1) do nothing, WU°ITC will continue to regulate solid waste collection under tariff with two entities; (2) buy out the existing providers and take over collection; (3) terminate certificate and grant contract with City taking over regulatory lead; and (4) terminate the Council Meeting. 05-22-07 Page 6 of 3 Approved by Council: Ul2AFT certificate and grant a franchise under which WUTC continues to be the regulatory lead. Under option three and four, the status quo would remain concerning grant of rights and obligations for seven years. Prior decision of council was option four, terminate certificate and rant a franchise under which WUf C would be the regulatory lead. Deputy Mayor Taylor asked Mr. Driskell to describe the pros and cons of option three. Mr. Driskell indicated the agreement would not be materially different; however, the City does not have enough staff nor the regulation set up. Councilmember Munson asked what the options are at end of seven years. Mr. Driskell explained that at the end of seven years if we didn't have something in place, we would have to provide for collection. Under option three the City would be the regulatory lead, whereas under option four we would not. It was moved by Deputy !Mayor Taylor acrd seconded, that we chose option four (4), and authorize staff to send a letter to the Washing=tot? Utilities Transportation Commission giving preliminary notice of the intent to terminate the certificates, and to draft and discuss status quo franchises with Sunshine and Waste Aganagentent to haul for seven years. Mayor Wilhite invited public comment. Ken Gimpel, 12122 E 1st Avenue: Mr. Gimpel is the Municipal Relations Manager for Waste Management. He expressed he wanted to clarify the differences between option three and option four. He stated a contract is established in good faith between the City and its providers; it can be clone at any time; and it is an open-ended contract in which everything is on the table for negotiation. Option four grants a franchise that allows the City's providers to operate in the Spokane Valley using the rate structure of WUTC. Mark Torre, 2405 N University Road: Mr. Torre from Sunshine Disposal has serviced this community for nearly 25 years. He expressed the implications the Council's decision could have on his Valley business. Most of their revenue comes from the service to the Valley. We asks that Council. consider this when exploring all the options. Bob Evans, 12623 E Broadway - Vice President of Sunshine Disposal has worked for Sunshine for nearly 35 years and reiterated the concerns and implications to their small, family owned business and asks Council to consider their concerns. Councilmember Gothmann would like to discuss whether the City should have mandatory collection, whether we should be subsidizing some rate-payers, and if there is a 'way to capture quality control of service. Under a franchise the City would have limited control. Mr. Driskell explained this motion simply starts the seven-year clock. During that time, the City can explore options for a future contract or franchise agreement. The next proposed action will be a final notice of intent to the WUTC and will be clear as to the differences between a contract and franchise agreement. Mr. Driskell expressed he could foresee this coming to council within a month and it will clearly state to the WUTC the intent of Council. Vote by Acclamation: h7 favor: Unanimous. Opposed: Atone. Votion carried. PUBLIC COMMENTS: Mayor Wilhite invited general public comments. None were offered. AnN11tNISTRATIVE REPORTS: 7. Lodging Tax Committee Recommendations - Steve Taylor Deputy Mayor Taylor listed the requests submitted to the Lodging Tax Committee and the recommendations they made for appropriations: Valley Chamber of Commerce marketing proposal, $50,000; Convention Visitors Bureau marketing proposal, 578,000; Valleyfest advertising, 55,000; Council Meeting: 05-22-07 Pagc 7 of S Approved by Council: DRAFT Spokane Winery $7,500 for brochures; and Spokane Soccer Association website and informational packets, $17,000. After these appropriations, the City will still be left with approximately $250,000. Councilmember Gothmann would like public input before accepting the recommendations. Councilmember DeVleming asked that adoption be placed on a future agenda as a motion item. Mayor Wilhite stated she would like more information from Spokane Valley Chamber and their back-to-school effort and advertising dollars. Councilmembers DeVleming and Gothmann suggested nett package include proposals from the various agencies and have people available for questions. Councilmember Alunson recommended moving the next two agenda items to the Council Retreat due to time constraints. Consensus 4#9 be moved to o future meeting. 8 Panhandling iJhdate - Care DriskelUErik Lamb Legal Intern Lamb told Council that currently the City regulates panhandling under Spokane Valley Municipal Code 5.25.020, described as aggressive panhandling that regulates begging that intimidates or threatens or coerces people into giving money. Mr. Lamb defined panhandling and cautioned Council that in terms of regulating panhandling, the City needs to remember that legally it is a form of expression and is protected. He presented options for regulation as being l.) to promote a public awareness campaign to encourage other means of charitable contributions and discourage donating to individual panhandlers; 2) to expand the definition of aggressive begging to include other behaviors such as fraud, exploitation of children or obstruction of traffic with intent to intimidate; or 3) to continue enforcement of SVMC 8.25.020. It was moved by DeputyAlayor 7aylor and wtaninto asly agreed to extend the meeting to 9:117 p.m. Mayor Wilhite said she would like staff to provide more information with regard to an educational campaign and bring the item back to council. 9. Sprague Appleway Revitalization Plan - Scott Kuhta This item was moved to a future meeting. INFORINUITION ONLY: These items were not discussed or reported: 10. Department Reports E,FCU7'TVE SESSION: There was no executive session. It was moved by Cowwilmember Mimson, seconded, and zmaninnously agreed to adjourn. The meeting adjourned at 9:05 p.m. ATCI~S'f: Carrie Acosta, Deputy City Clerk Diana Wilhite, Mayor 3 Council ►N4eeting: 05-22-07 Page 8 of 8 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 5, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent 0 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading: Proposed Ordinance 07-010, Title 24 Building Regulations GOVERNING LEGISLATION: RCW 36.70, WAC 195-800 et esq. PREVIOUS COUNCIL/ COMMISSION ACTION TAKEN: The 2006-2007 Comprehensive Plan was adopted on April 25, 2006; and effective on May 10, 2006. Council received information concerning the proposed process on July 11, 2006, Council has previously reviewed Titles 17 - General Provisions, Title 18 - Administration, Title 20 - Subdivisions, and Title 21 - Environmental Controls. Council was briefed on Title 24 on February 27, 2007. Council received a presentation on Title 24 on May 15, 2007, and had a first reading on May 22, 2007. f BACKGROUND: The development regulations implementing the comprehensive Plan are subject to the same requirements for early, continuous, and collaborative public participation as the Comprehensive Plan. Title 24 - Building Regulations. Washington has mandated the adoption of the 2006 International Codes, to be effective July 1, 2007. Once adopted, the proposed regulations will allow for permit submittals under either the 2003 codes or the new codes until July 1, 2007. The provisions for grading and excavating remain unchanged. Planning Commission recommended approval of Title 24 - Building regulations on April 12, 2007 Title 24 was submitted to the Community Trade & Economic Development Department (CTED) on January 27, 2007 not less than sixty days prior to final adoption by the City Council. OPTIONS: Approve as submitted, recommend changes, or provide staff with additional direction. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 07-010 as submitted. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mary Kate Martin, Building Official ATTACHMENTS: Ordinance #07-010; Title 24 - Building Regulations International Residential Code Appendix G DRAFT Council Strike through Draft Title 24 Building Codes CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 07-010 AN ORDINANCE OF THE CITY OF SPOKANE, VALLEY, SPOKANE COUN`T'Y `VASHTNGTON, ESTABLIS_F[iNG TITLE 24 OF THE SPOKANE VALLEY MUNICIPAL CODE AS TIM UNTFORM DEVELOPMENT CODE RELATING TO RUTLDING CODES; REPEALING 01WETANCES IN CONFLICT; ESTABLISRIN( ADM:I\TISTRATiVE PROCEDURES TINCLUDING PENAL-TIES FOR NON-COMPLIANCE; AND PROVIDING FOR SEVPRABILITY AND EFI;ECT(VE DATE. WHEREAS, the Revised Code of Washington (RCW ) section 19.27.031 requires all jurisdictions in the state to adopt by reference and enforce the State Building Code as constituted in the Washington Administrative Code Title S1; and WHUCE.AS, I-lie Washington State legislature, by action of the State Building Code Council established the 2006 International Codes and the 2006 Uniform Plumbing Code, both as amended by the State, as the new State Building Code effective July 1, 2007; and WH=EREAS, the City Council finds that the establishment of these codes as the building code of the City of Spokane Valley promotes the health, safety and welfare of the occupants or users of buildings and structures and the gene- ral public as enumerated in RCW 19.27.020; and WE'EREA:S, the City Council further finds that adoption of the State Building Code with as few local amendments as possible promotes economic development and provides the best possible level of consistency for design professionals and developers; and a WHEREAS, the City Council sees the need to provide a means of effectively gaining compliance with both state and local development regulations through the establishment of code compliance procedures; follows: NOW, THEREFOM, the City of Spokane Valley, Washi.ngt:on City Council do ordain as Section. 1. Title 24 of the Spokane Valley Municipal Code is hereby established to read as follows: Title 24 Building Cedes 24.10 Authority 24.10.010 The City of Spokane Valley (hereafter referred to as the "City") adopts the State Building Code pursuant to RCW 19.27.031, and additional coders enumerated herein as allowed pursuant to RCW 19.27.040. 24.20 Purpose 24.20.01.0 These regulations have been established in compliance with the State building Code Act to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as enumerated in R.CW 19.27.020. Ordinance 07-010, UDC TITLE 24 Page 1 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 24.30 Appeals The appeal of any decision, order or determination of the Building Official shall be made in conformance with SVMC 17.50. 24.40 Codes Adopted 24.40.010 Ceneral 1. These re-gulat.ions apply to any structure, equipment, or activity regulated by the herein adopted codes. All referenced codes are available for viewing at the City Permit Center. 2. All codes adopted under the former 'title 10 (Ordinance 04-010) shall be in effect and acceptable for application to projects submitted for review and approval prior to July 1, 2007. Nothing in this section would prevent submission of projects for review and approval under the current codes adopted pursuant to Title 24. After July 1, 2007, projects submitted for review and approval must conform to the requirements of this title. 24.40.020 Specific The following codes, as presently constituted or subsequently amended by the State of Washington all as amended, added to, or excluded in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the City: 1.= Chapter 51-11 WAC - Washington Slate Energy Code 2._-Chapter 51-13 WAC - Washington State Ventilation and indoor air quality 3._-Chapter 51-19 WAC - Washington State Historic Building Code 4._-Chapter 51-50 WAC - State.Building Code Adoption and Amendment of the 2006 edition of the J nternational Building Code; including Appendix chapters F, G,1, and J 5._ Chapter 51-51 WAC - State Building Code Adoption and Amendment of the 2006 edition of the biternational Residential Code; including Appendix chapters G I-1. and J 6.= Chapter 51-52 WAC - State Building Code Adoption and Amendment of the 2006 edition of the International Mechanical Code and of the 2006 edition of the International Fuel Gas Code 7.= Chapter 51-54 WAC - State Building Code Adoption and Amendment of the 2006 edition of the International Fire Code 8.= Chapter 51-56 WAC - State Buildina Code Adoption and Amendment of the 2006 edition of the Uniform Plumbing Code 9.= Chapter 51-57 WAC - State Building Code Adoption and Amendment of Appendix A,.B and Appendix I of the 2006 edition of the Uniform Plumbing Code 10._ The 2006 International Plumbing Code as presently constituted or as may be subsequently amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the.Building Official or their designee 11-. 2006 editio' n of the International Existing Building Code 12._-2006 edition of the' International Property Maintenance Cede, except Sections 106, 111, 302.3- .4, 302.8, 303, 304.2, 304.8. 304.13-.18, 305.3, 305.6, 307, 308.2-.5, 404.1. 507, and 606 are not adopted. . Ordinance 07-010, UDC T rMF.. 24 gage 2 of 19 DRAFT 24.40.030 1055.1 Completion of work..T_f a permit "expires subject to this section, and the work authorized under the expired permit: is not: complete, a new permit may be obtained for %2 the permit fee. The permit fee shall be based on the value of the remainder of the work not completed under the original permit or the actual cost to the jurisdiction to complete the permit process, whichever is greater. 105.5.2 Compliance actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the j Spokane Valley Uniform Development Code. iii._ Add subsection 105.8 Permit ownership to read as follows: The ownership of a permit: issued pursuant to this title inures to the property owner. The permit applicant if not the property owner shall be held to be an agent of, and acting on behalf of, the property owner. Council Strike through Draft Title 24 Building Codes Local Amendments to the Adopted Codes 2006 International Building Code a. Amend section 105 Permits as follows: i.--Alter the square feet in section 1.05.2 Work exempt from permit. Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.1 5 mz) ii.--Delete text of section 105.5 Expiration in its entirety and replace with the following: 105.5 Expiration of permits. All permits shall expire by limitation and be declared void if: 1. Work is not started within 180 days of obtaining a permit or; 2. Work is abandoned for 180 days or more after beginning work or; 3. Two years from the date of permit issuance. b.--Amend section 1.08 Nees as follows: i.--Delete the text of section 108.4 Work commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority or such work. The investigation fee shall be equal turd additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. ii.- -Delete the text of section 108.6 Refunds in its entirety and replace with the following: The Building Official may authorize the refunding of fees as follows: Ordinance 07-0 10. UDC TITLL 24 Page 3 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 1._=rhe frill amount of any fee paid hereunder that was erroneously paid or collected. 2._-Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3.= Up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The. Building Official shall not authorize refunding of any fee paid except on written 'request fled by the original pennittee not later than 180 days after the date of fee payment. 2. 2006 International Residential Code a.--Amend section RIOS Permits as follows: i.= Delete text of section 105.5 ]expiration in its entirety and replace with the following: 81.05.5 Expiration of permits. All permits shall expire by limitation and be declared void if. 1._-Work is not started within 180 days of obtaining a permit or; 2._-\N'ork is abandoned for 180 days or more after beginning work or; 3._-'r ' o years from the date of permit issuance. 1105.5.1. Completion of work. if a permit expires subject to this section, and the work authorized under the expired permit is not complete, a new permit may be obtained for '/s the permit fee. The permit fee shall be based on the value of the remainder of the work not completed under the original permit or the actual cost to the jurisdiction to complete the permit process, whichever is greater. W.05.5.2 Compliance actions. If a permit issued to resolve a code violation expires subject to this section, the property owner may be subject to the immediate imposition of remedies authorized by the Spokane Valley Uniform Development Code. ii.- -Add subsection 1x1.05.8 -Per►nit ownership to read as follows: The ownership of a permit issued pursuant to this title inures to the property owner. The permit applicant if not the property owner shall be held to be an agent of, and acting on behalf of. the property owner. b. -Amend section 11108 Fees as follows: i.=Delete the text in section 8108.4 Work commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtaining necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. Ordinance 07-010, UDC TITLF_, 24 Page 4 of 19 DRAFT Council Strike through Draft Title 24 Building Codes The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. ii._ Delete the text in section 12108.6 Refunds in its entirely and replace with the following: The Building Official may authorize the refunding of fees as follows: 1.= The full amount of any fee paid hereunder that was erroneously paid or collected. 2._-Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3.__.:-Up to 80% of the plan review fee paid when an application for a permit for which a plan review tee has been paid is withdrawn or canceled before any plan reviewing; is done. The Building Official shall not authorize refunding of any fee paid except on written request tiled by the original permittee not later than 180 clays after the date of fee payment. c._ Replace Table R301.2(1) CIANIAC1X AND GEOGRAPHIC DESIW4 CRITUCIIA with the following: Ground Snow Wind Seismic i SUBJECT TO DAMAGE FROM Winter n i D Ice Barrier Underla ment Flood Air Freezin Mean Annual Load Speed (Gust) Des gn Category Weathering Frost line Termites Decay g es Temp° y Required Hazards g Index Tempi depth 85 " to None ' 2006 ° 39Ibs/11' mph C Severe 24 Modera to 10 F Yes 1992 1232 47.2 F slight FIRM Minimum root snow load: 30 lbs/ff d. Add a subsection to section 8310 Emergency escape and rescue openings as follow: 8310.6 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. e. Amend section 8324 H loud-resistant construction as follows: i. Modify .R324.1 General to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with SVMC 21.30 and be designed and constructed in accordance with the provisions contained in this section. ii. Add a sentence to sub-section 12324.1.3 - 'Establishing the design flood elevation such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one I foot. The design flood elevation shall be used to define areas prone to flooding, and shall describe, at a minimum, the base flood elevation at the depth of peak elevation of flooding (including wave height) which has a 1 percent (100-year flood) or greater chance of being equaled or exceeded in any given year. iii.--Delete item 1. in sub-section 12324.2.1 Elevation requirements and replace with a new item 1. to read as follows: Ordinance 07-010, UDC TITLE 24 Pa2c 5 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 1. Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. 0 iv._ Delete item 3. in sub-section x1324.2.1. Elevation requirements and replace with a new Item 3. to read as follows: 3. Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. v.= Add a second paragraph to 1324.3.6 Construction documents to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. 3. 2006 International Ntechanical Code and 2006 international fuel Gas Code a. Amend section 106.5 Fees as follows: I i.- Delete the text of 1.06.5.1 Work commencing before permit issuance in it', entirety and replace with the following: Any person who commences any work on a building structure; electrical, gas, mechanical or plumbing system before obtaining necessary pertnits shall be subject to an investigation fee in accordance with the schedule established by 10 the governing authority for such work. The investigation fee shall be equal and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish airy right to a permit. ii. -*fn section 106.5.2 Fee Schedule insert the following the language where indicated: Spokane Valley Master Fee Schedule iii.--Delete the text of .1.06.5.3 tree Refunds in its entirety and replace with the following: The .Building Official may authorize the refunding of fees as follows: 1._=17he fuII amount: of any fee paid hereunder that was erroneously paid or collected. 2._=Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3.= Up to 80% of the plan review fee paid when art application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. I -The Building Official shall not authorize refiinding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. Ordinance 07-010, UDC T1T1X 24 Page 6 of 19 DRAFT Council Strike through Draft Title 24 Building Codes b._ Amend Appendix C to add an exception after the last para,67aph in 0105.1 Hydrant spacing as follows: Txception: The fire chief is authorized to reduce the number of required hydrants by up to 50% when the building is equipped with an approved, automatic fire sprinkler system and the fire chief has approved the location of those required fire hydrants." c._-Amend Appendix D Section D1.01.1 to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. 4 2006 Uniform Plumbing Code a. Amend section 103.4.5 fee Refunds as follows: i. Delete the text of section 104.5.1 in its entirety and replace with the following: The Building Official may authorize the refunding of the full amount of any fee paid hereunder that was erroneously paid or collected. ii. Delete the text of section 104.5.2 in its entirety and replace with the following: The Building Official may authorize the refunding of up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. iii. Delete the text of section 1.04.5.3 in its entirety and replace with the following: The Building Official may authorize the refunding of up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request fled by the original pennittee not later than 180 days after the date of fee payment. 5. 2006 International Plumbing Code a. Amend section 106.5 Tees as follows: i._-Taelete the text of 106.5.1. Rork commencing before permit issuance in its entirety and replace with the following: Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system before obtauii.ng necessary permits shall be subject to an investigation fee in accordance with the schedule established by the governing authority for such work. The investigation fee shall be equal and additional to the permit fee that would have been required had a pennit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. ii. _4n section 106.5.2 Tee Schedule insert the following the language where indicated: t~ J J 1 ~ Ordinance 07-010, LrDC TITLE 24 Page 7 of 19 DRAFT Council Strike through Draft Title 24 Building Codes Spokane Valley Master fee Schedule iii.- -Delete the text of 106.5.3 Fee Refunds in its entirety and replace with the following: The Building Official may authorize the refunding of fees as follows: 1._ The full amount of any fee paid hereunder that was erroneously paid or collected. 2.= Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. 3._-Up to 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall not authorize refunding of any fee paid except on written request filed by the original permittee not later than 180 days after the date of fee payment. 6. 2006 International misting Building Code-.Reserved 7. 2006 International Property Maintenance Code I a. -Amend section 202 General Definitions by adding the following definitions: i.= Drug properties and structures. Any building, st?ucture and/or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution; production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. ii.--Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 1._-rl dwelling, building, or structure e'sists on the property that has not been lawfully occupied for a period of one year or rrnore; 2.= The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive authority of the City or designee; 3.= The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. b. Amend section 202 General Definitions by deleting the following definitions: i.= Garbage ii.- klousekeeping unit iii.- Inoperable Motor Vehicle 10 Ordinance 07-010, UDC 'rrrLl✓ 24 Page 8 of 19 DRAFT Council Strike through Draft Title 24 Building Codes c. Amend section 108 Unsafe structures and equipment as follows: i._-Add a new sub-section 108.6 Drug properties and structures. to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in section 108.6. The Building Official is authorized to abate such unsafe buildings, structures, and/or associated properties in accordance with the procedures set forth in this code and Washington statute, R.CW 64.44.010, with the following additional actions: 1.-Due to public safety hazard in drug production facilities, all public and private utilities shall be disconnected. 2.= Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes. .3 Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 4.= Reconnection of utilities or occupancy of the building(s), structures or property shall not be allowed until all violations have been addressed, all dangerous conditions abated and a notice of release for re- occupancy has been received from the health department and sheriff's office. 5._ If dangerous conditions cannot be abated, occupancy shall be prohibited and the structure and/or property may be subject to condemnation pursuant to RCW 35.80A.010, Condemnation of ` J blighted property. ii._ Add it new sub-section 1.08.7 Blighted properties. to read as follows: 111 conformance with RCW 35.80A.010, the City may acquire by condensation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a pub] is use. d.= Replace the code reference, Internationol Plumbing Cade, in section 505.1 general with the following: -t'fhe Suite adoption of the Uniform Plumbing Code. e.= Delete the text of section 602.2 Residential occupancies and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° C (20° C) in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Ordinance 07-010, tJDC TITLE 24 Page 9 of 19 DRAFT Council Strike'through Draft Title 24 Building Codes I £_-Delete the text of section 602.3 Heat supply and replace with the following: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping; unit's on terms; either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68° F (20° C) in all habitable rooms, bathrooms, and toilet rooms. g._-Replace paragraph one of section 602.4 Occupiable work spaces with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65° F (18° C) during the period the spaces are occupied. hf. -Replace the code reference, ICC Electrical Cc)-(I(-,, ill section 604.2 Service with the following: the State adoption of the \TEC. 24.50 Excavation, Fill and Grading 24.50.010 Purpose This chapter safeguards the public health, safety and welfare by regulating grading and excavation, including tills and embankments, on public and private property located within the City and establishes procedures for the issuance of permits; approval of plans and inspection of grading construction. 24.50.020 Permit Required except as specified in S\riVTC 24.50.030, all excavation, fill, grading and leveling of land requires a Spokane Valley Grading Permit. All grading within the City shall comply with the Washington State environmental Policy Act. 24.50.030 Exempted Work A Grading Penult shall not be required for the following: 1. Grading in an isolated, self-contained area if there is no danger to private or public property, provided however, that any grading in any critical area, floodplain or floodway shall not be exempt from a Grading Permit. 2. Work located within a dedicated public right-of-way. 3. Landscape ponds or water features that do not exceed 500 sq feet water surface area or three feet in depth and are fijlly lined with an approved synthetic pond liner. 4. Excavation below 1`inished grade for basements and footings*of a building, retaining wall or other structure less than four (4)_.feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five 5) feet (1524 mm) after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment staging, not including roads, facilitating the excavation. This also includes excavation work done- to facilitate the Septic Tank Elimination Program. 8. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. Ordinance 07-010, UDC TITLE' 24 Page 10 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 9. Exploratory- excavations under the direction of a professional engineer or professional geologists. 10. An excavation that a. is less than two (2) feet in depth or; b. does not create a cut slope greater than five (5) feet in height and steeper than one (1) unit vertical and one and one half (1 units horizontal (66.7% slope). 11. A fill less than one (1) foot in depth and placed on natural terrain with a slope flatter than one (1) unit vertical in five 5) units horizontal (206/o slope). 12. Fill less than three 3) feet in depth that a. Is not intended to support structures; I b. Does not exceed 50 cubic yards on any one (blot; or c. Does not obstruct a drainage course. This exemption includes landscape berms if no slope is created greater than one l) unit vertical in one and one half (l '/a )_units horizontal (66.7% slope); is not more than five feet (5') in height; creates no danger to private or public property, and is otherwise permitted. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this.jurisdiction, the state of Washington or the United States of America. 24.50.040 Testing The standards listed below are, for the purpose of this Code, recognized standards: 1. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. AS'1`1\4.D 1556, Test Method for Density and Unit Weight of Soil In Place by the Sand-Cone Method 3. ASTM D 2167, Method for Density and Unit Weight of Soil In Place by the Rubber Balloon Method 4. ASTM D 2937, Test Method for Density of Soil In Place by the Drive-Cylinder Method 5. AS'I'i'kt D 2922, Test Methods for Density of Soil and Soil-Aggregate In Place by Nuclear Methods (Shallow Depth) 6. AS'fM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 698, Moisture-density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM D 2488, Practice for Description and Identification of Soils (Visual-Manual Procedure). 9. A.STM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification Syslern) 24.50.050 Hazards 1. Whenever any existing excavation, embankment or fill on public or private property has become a hazard to persons or property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner, owner's agent or other person in control of the Ordinance 07-010, UDC 'TITLE 24 Page 11 of 19 DRAFT Council Strike through Draft Title 24 Building Codes property, shall repair or eliminate the excavation or embankment, within the period of time specified on the written notice. 2. Unless exempt, any excavation, grading or fill performed without a pen-nil, shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in SViNIC 17.60. 24_50.060 Permit ltequirements 1. Grading Permit Requirements: a. A separate pennit shall be obtained for each site, and may cover both excavations and fills. b. Grading commenced without first obtaining a grading permit from the City, unless pursuant to SNrN4C 24.50.030 is subject to all penalties described in SVir1C 17.60 including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to International Building Code section 108.4 Work commencing before permit issuance based on the value of the work accomplished illegally. The fee is payable prior to the acceptance of a grading permit application. Payrnent of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to any pen-nit for continued development of tine project. Excavation or fill work that remains illegal for 90 days after service of a stop work order shall be deemed hazardous. c. The provisions of Section 106.1.1 information oil Construction Documents apply to application for a Grading Permit Applicant shall note the estimated quantities, of materials involved on the Spokane Valley Grading Permit Application. d. Grading involving less than 500 cubic yarns shall be designated "regular grading" unless the permittee elects "engineered grading," or the submitted plans are prepared by a Washington-licensed design professional, or the Building Official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. . 2. Engineered Grading Grading, fill or excavation in excess of 500 cubic yards or located in critical areas or floodplains, require construction plans/specifications prepared by a professional engineer licensed to practice in the state of Washington, and shall be designated as "engineered grading." a. Application for a grading permit shall be made on a form prepared by the City and accompanied by two sets of plans and specifications, and supporting data. b. Supporting data includes but is not limited to soils engineering report and/or an engineering geology report, prepared, signed and sealed by Washint on-licensed professionals. That individual shall be considered the registered design professional in responsible charge c. Plans shall be drawn to scale sufficient to illustrate the nature and extent of the proposed work, signed and sealed by the design professional and shall include the following: i. Vicinity map of the proposed site. ii. Property limits and accurate contours of existing ground and details of terrain and area drainage. Ordinance 07-010, iJ )C TITLE 24 Page 12 of 19 DRAFT Council Strike through Draft Title 24 Building Codes iii. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. iv. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. v. Designated 100-year floodplains. vi. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or. specifications. When approved by the Building Official, specific recommendations conlai.ned in the soils engineering reports and the engineering geology reports, which are applicable to grading, may be included by reference. vii. Location of any buildings or structures on the property where the work is proposed and the location of any buildings or structures on land of adjacent. owners that are within fifteen 15) feet of the property or that may be affected by the proposed grading operations. viii. A SFPA checklist shall be submitted, along with all other plans to complete tit application. ix. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone number of the firms or individuals who prepared the reports and their professional stamp and/or seal. 3. Residential subdivision grading plans shall also include the following: Grading associated with residential subdivision development shall be engineered grading. 1/' Plans for residential subdivision grading shall contain the following details in addition to the general information required under SWi 1(+ 24.50.060(2) a. Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaces and basements shall be provided. b. Final location of all grading construction spoils. If spoils are placed on building lots, the surface overburden, i.e. topsoil and any underlying soils not conforming to the project requirements of the lots shall be removed prier to the placement of any other fill. If lots are comprised of fill materials more than two feet in depth, the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation analysis and design, prepared by a. licensed Washington engineer, shall be required to be submitted with any subsequent Spokane Valley Building Permit Application, c. Maximum and minimum elevations for all basement and crawl space floors. Maximum and minimum elevations for the top of foundation walls. Maximum elevation for lot/ property boundary lines to provide positive drainage from building sites. d. Requirements for swales or drainage devices to manage storm water and landscape irrigation runoff. 4. All ponds, water features and man-made lakes greater than 500 sq. It in surface area shall be engineered grading. Plans and specifications for ponds, water features and man-made lakes Ordinance 07-010, UDC TIT1.124 Page 13 of 19 DRAFT Council Strike through Draft Title 24 Building Codes greater than 500 sq. ft. in surface area shall contain the following details in addition to the information required under S VM"C 24.50.060(1 &2): a. Plot plan showing the location of all proposed pond construction relative to any lot line, utility easement, septic system or replacement area for septic systems. b. Details of pond construction including section views, soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation. I c. -Details of any water retention device or dam along with provisions for overflow. d. Written approval of a water source required to maintain the pond demonstrated by water rights; well permit or other documentation provided by state of Washington Department of Ecology (DOE). Indicate classification and status with respect to DOE dam safety regulations (Chapter 173-175) if exempt: justification of exempt status is required. e. Proof of notification of the proposed construction submitted to the U.S. Army Corp of Engineers. f. -If fish are proposed to be stocked in the pond, proof of Washington Fish and Game approval is required. 56. Private Driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction. Specifications for these private driveways shall contain the following details in addition to the information required under 5 VMC 24.50.060(1&2): a. Dimensions. Unobstructed width of twenty 20) feet and an unobstructed height of thirteen feet six inches 11.3'' En ` b. Surface. The surface of a private driveway shall be designed and maintained to suppot a 75,000. pound fire truck. The road shall be surfaced so as to provide all- weather driving capabilities. c. -Turn radii. Turn radii of28.5 feet minimumi arc required. Smaller radii may be used if a desig-n is submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder. d. Turnaround. For private driveways over 150 tect in lcagt:h, a 120 foot hammerhead, 60 foot "Y" or a 96 foot diameter cull-de-sac is required. e. Grade. Private driveways shall be paved with a hard, non slip, water repellant surface, such as asphalt or Portland cement concrete, Grasscrete, grassblock paver blocks or other or equivalent hard surface material -76. "fhe soils engineering report shall include data regarding the nature, distribution and strength of existing soils. Conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engi.necrinb factors, including the stability of slopes shall be included. 97. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. Ordinance 07-010, UDC TITLE 24 Page 14 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 98. Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the mime of the owner and the name of the person who prepared the plan. The plan shall include the following information: a. General vicinity of the proposed site. b. Limiting dimensions and depth of cut and/or fill. Total volume of cut or fill. c. -Location of any buildings or structures where work is to be performed and the location of any buildings or structures within fifteen 15) feet of the proposed grading. 24.50.070 :Excavation and Fill 1. All excavation or fill within "Pipeline Flazard areas identified in SVMC19.434120.040 shall meet the standards and notification requirernents of that section. 2. Unless otherwise recommended in the approved soils engineering or engineering geology report, the slope of cut surfaces shall be no steeper thus is safe for the intended use and shall be no steeper than one ])unit vertical in two 2) units horizontal (50% slope). Cut slopes steeper than 50% shall require an Engineered Grading Permit. 3. Fill slopes shall not be constructed on natural slopes steeper than one (I) unit vertical in tvvo 2) units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non-complying :611, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than nc I) unit vertical in five (5) units horizontal (20% slope) and the height is greater than five 5) feet, an Engineered Grading shall be required. 4. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the l3building o0f icial, no rock or similar irreducible material with a maximum dimension greater than hvelve 12) inches shall be buried or placed in fill. 5. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. Bock sizes greater than twelve 12) inches in twiximum dimension shall be ten (10) feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with well-graded soil. 6. All fills shall be compacted to a minimum of 90 percent of maximum density. 24.50.080 Setbacks 1. The top of cut slopes shall not be made nearer to a site boundary line than one fifth _ 1 5 of the vertical height of cut with a minimum of hvo 2) feet:. 2. The toe of fill slope shall be made riot nearer to the site boundary line than one half I~ /2) the height of the slope with a minimum of two 2) feet with no required set back fi-om the boundary greater than twenty 201 feet. Where a fill slope is to be located near the site boundary and the adjacent off site property is developed, special precautions shall be incorporated in the work as the building nlBuilding Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions include but are not limited to: a. Additional setbacks. b. Provision for retaining or slough walls. c. -Mechanical or chemical treatment of the fill slope surface to minimize erosion. d. Provisions for the control of surface wagers. C Ordinance 07-010, IJDC'riTL.E 24 Page 15 of 19 DRAFT Council Strike through Draft Title 24 Building Codes e. Consultation with a professional engineer. 3. The build-i ~feWffiiilding Official may approve alternate setbacks. The buildill e€-eialBuilding Official may require an investigation and recommendation by a qualified professional engineer or professional geologist to demonstrate that the intent of this section has been satisfied. 24.50.090. 1:)rainage and Terracing 1. Unless otherwise indicated on the approved soils engineering report, drainage facilities and terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 unit vertical in three (3) units horizontal (36.3% slope). 2. Terraces at Jdast eittht 8) feet in width shall be established at not more than thirty 30)-foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid-height. Cut or fill slopes greater than sixty 60) feet in height shall be designed by a professional engineer and shall be considered Engineered Grading. 3. Swales or ditches on terraces shall have a minimum c*radient of five 5) percent and must be paved with reinforced concrete or gunite not less than three 3) inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one 1) foot and a minimum paved width of five 5) feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. 4. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than fort! (40) meet measured horizontally. interceptor drains shall be paved with a minimum of three 3) inches of reinforced concrete or gunite, or an approved equivalent. Drains shall have a minimum depth of t\velve 12) inches and a minimum paved width of thin 30) inches measured horizontally across the drain. The slope of drain shall be approved by the builditig - 'alBuilding Official. 6. All drainage facilities shall be designed to carry 100 year event waters to the nearest practicable drainage way or other discharge point approved by the buikliiit-ef ettdBuilding Official. Erosion Of ground in the area of discharge shall be controlled by installation of down drains or other devices. 7. Surface drainage shall be diverged to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of six 6) inches within the first ten 10) feet. 8. Exception: Where lot lines, walls, slopes or other physical barriers prohibit six 6)_-inches of fall within ten 10) feet, drains or -,wales shall be provided to ensure drainage away from the structure. 24.50.1.00 Erosion Control 1. The faces of cut and fill slopes shall be prepared and maintained to control erosion. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. An Erosion Control Plan shall be submitted for approval i.n conjunction with 2. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. Ordinance 07-0 10, UDC 'f1 ME 24 Page 16 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 3. Seeding and planting of erosion control vegetation may be delayed until the next planting season, provided that a bond or surety is executed in favor of the City to assure performance. 4. The City may require professional inspection and testing by a soil engineer. `frhen the b+i a eft-4eift4l3uild1*n; nfticial has cause to believe that Geologic factors may be involved, the grading will be required to conform to Engineered Grading requirements. ' I 24.50.110 Fees 1. Fees, including Plan Review shall be assessed in accordance with the Spokane Valley Master Fee Schedule. 2. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. 3. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. 4. Separate permits and fees shall apply to retaining walls or major drainage structures as . otherwise required. There shall be no separate charge for standard terrace drains and similar facilities. 24.50.120 Inspections and Final Report 1. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by professional engineer and/or the professional geologist retained to provide such services. That individual shall be the registered design professional in responsible charge. 2. The professional geologist shall provide professional observation and testing to determine \ conformance with project plans and specifications within such engineer's area of technical specialty, which shall include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. 3. The professional engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of competence, which shall include observation and review during preparation of the natural ground, site grading, placement of fill, testing for compaction as well as establishment of line, grade and surface drainage of the development area. If actual work will differ from the approved plans and reports and revised plans are required during the course of the work, they shall be prepared under the direct supervision of the professional engineer and submitted to the building department for review and approval prior to any revised work commencing. 4. The pennittce shall be responsible for work to be performed in accordance with the approved plans and specifications and in conformance with the provision of this article, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The Permittee shall act as a coordinator between the consultants, the contractor and the building department. 5. Revised plans, if any, shall be.submitted for approval prior to any changes. 6. The Building Official or their designee shall inspect the project and/or the inspection documents at the various states of work requiring approval to determine that (lie project is within the requirements of this article. Q Ordinance 07-010, UDC TITLE 24 Page 17 of 19 DRAFT Council Strike through Draft Title 24 Building Codes 7. Pennittce shall request a final inspection upon completion of the proiect; following installation of all approved drainage facilities and erosion-control measures. 8_ If, in the course of fulfilling their respective duties under this article, the design professional in responsible charge finds that the work is not in conformance with this article or the approved grading plans, the discrepancies shall be reported immediately in writing to the permiltee and to the Building Official. 9. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley grading permit, the work shall be stopped until the replacement has been named and been approved by the Building Official. Further; that replacement shall agree in writing to accept their responsibility within the area of technical competence. It shall be the duty of the permittee to notify the Building Official in writing of such change prior to the recommencement of such grading. 10. Upon completion of the rough grading work and'at the final completion of the work, the design professional in responsible charge for engineered graduig or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading, as applicable, shall submit record plans and final report. Those plans and reports shall indicate: a. All }grading work was done in conformance with the approved plans. b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. c. All plans and reports shall beta- the stamp or seal of the licensed professional preparing • the report. 11. 'fhe permiace shall notify the Building Official when the grading operations read for final inspection. final approval shall not be given until all the work, including installation of all drainage facilities and their protective devices, and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required final reports have been submitted to the City. ' 2450.130 Enforccment Work done in violation of any of the provisions of this chapter is declared to be a public nuisance and subject to enforcement pursuant to SVMC 17.60. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 3. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. C Ordinance 07-010, IfDC TI`1'Tdr 24 Page 18 of 19 DRAFT Council Strike through Draft Title 24 Building Codes PASSED by the City Council this day of June, 2007. ATTEST: Christine 1Jainbridge, City Clerk Approved as to Farm: Office of the City Attorney Date of Publication Effective Date: Diana Wilhite, Mayor 0'. Ordinance 07-0 10, UDC TITLE 24 Page 19 of 19 APPENDIX G SWIMMING POOLS, SPAS AND HOT TUBS SECTION AG101 GENERAL AG101.1 General. The provisions of this appendix shall con- trol the design and construction of swimming pools, spas and hot tubs installed in.or on the lot ofa one- or two-family dwell- ing. SECTION AG102 DEFINITIONS 0 HOT TUB. See "Swimmin pool.", AG102.1 General. For the purposes of these requirements, the terms used shall be defined as follows and as set forth in Chap- ter 2. ABONr -GfZOWND/ON-GROUNia POOL. See "Swirn- ming pool:' BARRM41t. A fence, wail, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. IN-GitOUiNT1 POOL, See "Sw rniiiing pool." ftE, SID E;NTLk L. That which is situated on the premises of a detached otie- or two-family dwelling or tone-family town- house not more than three stories in height. SPA, NONPORTABLE. See "Swinvning pool." SPA, POwmw,.K. A nonp°imanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment air an integral part of theproduct. SMA-13NU.NG POOL. Any structure intended for swiimning or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, above-ground and on-grotmd swinuning pools, hot tubs and spas. S~VTAINiUl G POOL,'PIWOOR. A swimming pool which is totally contained within a structure and surrounded on all four sides by the walls of the enclosing structure. SWTLN4A-1JVG POOL, OUTDOOR. Any swimming pool which is not an indoor pool. SECTION AG103 SWIMMING POOLS AC-103.1 In-ground pools. In-grourid pools shall be designed and constructed in conformance with ANNTSUINSPI-a as listed in Section AG108. AG103.2 Above-ground and on-ground pools. Above- ground and on-ground pools shall be designed and constricted in conformance with At\1SUNSPI-4 as listed in Section A0108. 2006 INTERNATIONAL RESIDENTIAL CODED SECTION AG104 SPAS AND HOT TUBS AG104.1 Permanently installed spas and hot tubs. Perma- nently installed spas and hot tubs shall be designed and con- structed in conformance with ANISUrNSPI-3 as listed in Section AG 108. AG104.2 Portable spas and hot bibs. Portable spas and hot tubs shall be desigoed and constructed in conformance with ANSTNSPI-6 as listed in Section AG 108. SECTION AG105 BARRIER REQUIREMENTS ACTy.05.1. Application. The provisions of this chapter shall control the design of barriers for residential swimming pools, spas and hot tubs. These design controls are intended to pro- vide protection against 'potential-drownings and near- drownings by restricting access to swimming pools; spas and hot tubs. AG105.2 Outdoor swimming pool. An outdoor swimrnino pool, including an in-ground, above-ground or on-ground pool, hot tub or spa shall be surT6uruled by a barrier which shall comply with the following: 1. The top of the barrier shall be at least 48 inches (1219 mm) above grade m&-inured on the side of the barrier which faces away from the swimming pool. The maxi- 0 murn vertical clearance between grade and the bottom of the barrier shall be.2 i.ncbes (51 mm) measured oil the side of the barrier which faces away from the swimming Pool. Where the top of the pool structure is above grade, such as an above ound pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool stmcaire. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches (102 mm). 2. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 inin) sphere. 3. Solid barriers which do not have openings, such as a masonry or stone wall, shall not contain indentations or protnlsions except for normal construction tolerances and tooled triasonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the hori- zontal'members is less than 45 inches (1143 mm), the horizontal members shall be located on the swim.ming pool side of the fence. Spacing between vertical mem- bers shall not exceed 13/A. inches (44 trim) in wift. Where there are decorative cutouts within vertical mein- bers, spacing within the cutouts shall not exceed 13/4 inches (44 mrn) in width. 609 APPENDIX G 5. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the hori- zontal members is 45 inches (1143 inm) or snore, spacing between vea'ticalmembers shall not exceed a inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/., inches (44 mm) in width. 6. Maximum mesh size for chain link fences shall be a 2'/4-inch (57 mm) square unless the fence has slats fas- tened at the top or the bottom which reduce the openings to not more than 1.3/4 inches (44 mm). 7. Where the barrier is composed of diagonal members, such as a lattice: fence; the rnaxirnum opening formed by the diagonal members shall not be more than 13/, inches (44 rnnm) . S. Access gates shall comply with the requirements of Sec- tion AG 105.2, Items 1 through 7, and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self-closing and have a sell-latching device. Gates other than pedestrian access gates shall have a self-latching device. Where the release mechanism of the self-latch- ing device is located less than 54 inches (1372 rum) from the bottom of the gate, the release mechanism and open- ings shall comply with the following: 8.1. The release mechanism shall be located on the pool side of. the gate at least 3 inches (76 mm) below the top of the gate; and 8.2. The-ate and barrier shall have no opening larger than V, inch (1,3 mm) within 18 inches (457 mm) of the release mechanism. 9. Where a wall of a dwelling serves as part of the barrier, one of the following conditions shall be met: 9.1. The pool shall be equ ipped with a powered safety cover in compliance with AST14 1346; or 9.2. Doors with direct access to the pool through that wall shall be equipped with an alarm which pro- duces an audible warning when the door.and/or its screeri, if present, are opened. The alarm shall be listed in accordance with U7. 2017. The audible alarm shall activate within 7 seconds and sound continuously for a minimum of 30 seconds after the door and/or its screen, if present, are opened and be capable of being heard throughout the house duriog normal household activities. The alarm shall automatically reset under all condi- tions. The alarm system shall be equipped with a manual means, such as touch pad or switch, to temporarily deactivate the alarm for a sin gle open- ing. Deactivation shall last for not more than 15 seconds. The deactivation switch(es) shall be located at least 54 inches (1372 nun) above the threshold of the door; or 9.3. Other means of protection, such as self-closing doors with self-latching devices, which are approved by the governing body, shall be accept- able so long as the degree of protection afforded is not less than the protection afforded by Item C3 9.1 or 9.2 described above. L0. `Vere an above-ground pool structure is used as a bar- rier or where the barrier is mounted on top of the pool structure, and themeans of access is aladderorsteps: 10.1. The ladder or steps shall be capable of being secured, locked orremoved to prcventaccess; or 1.02. The ladder or steps shall be surrounded by a barrier which meets the requirements of Sec- tion AG 105.2, Items 1 through 9. When the lad- der or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch-diameter (102 mm) sphere. AG105.3 Indoor swimming ppol. Walls surrounding an indoor swirnrning pool shall comply with Section AG105.2, Item 9. AG.105.4 Prohibited locations. Barriers shall be located to prohibit permanent structures, equipment or similar objects from being used to climb them. AG105.5 Barrier exception,.;.. Spas or hot tubs with a safety cover which complies with ASTM F 1346, as listed in Section AG 107, shall be exempt from the provisions of this appendix. SECTION AG106 ENTRAPMENT PROTECTION FOR SWIMMING POOL AND SPA SUCTION OUTLETS AG106.1 General. Suction outlets shall be designed to pro- duce; circulation throughout the pool or spa. Single-oudet sys- tems, such as automatic vacuum cleaner systems, or multiple suction outlets, whether isolated by valves or otherwise, shall be protected against user entrapment. AC'.:1.06.2 Suction fittings. Pool and spa suction outleLS shall have a cover thatconforms to Ar1SUASIvfC- Al 12.19.SM, or an 18 inch x 23 inch (457 mm by 584 rata) drain gi'ateor larger, or an approved channel drain system. Exception: Surface skirtuners AG 106.3 Atmospheric vacuum relief system required. Pool and spa single- or multiple-outlet circulation systems shall be equipped with atmospheric vacuum relief should grate covers located therein become missing or broken. This vacuum relief system shall include at least one approved or engineered method of the type specified herein, as follows: 1. Safety vacuum release system conforming to A& ME A.L 1.2.19.17; or 2. An approved gravity drainage system. AG106.4 Dual drain separation. Single or multiple pump cir- culation systems have a minirrium of two suction outlets of the approved type. A. minimum horizontal or vertical distance of 3 feet (914 mm) shall separate the outlets. These Suction outlets shall be piped so that water is drawn through them simulta- neously through a vacuum-relief-protected lute to the pump or i pumps. AG106.5 Pool cleaner fittings. "Where provided, vacuum or pressure cleaner fitting(s) shall be located in an accessible posi- 610 2006 INTERNATIONAL RESIDENTIAL CODO APPE14DIX G tion(s) at least 6 inches (152 nun) and not more than 12 inches (305 mm) below the miniinurn operational water level or as an attachment to the skinner(s). SECTION AG107 ABBREVIATIONS U TI UL2017-2000 Standard for General-purpose Signaling Devices and Systems-with Revisions through June 2004 . . AG 105.2 A.G107.1 General. ANSI-American National Standards Institute 11 West 42nd Street, New York, NY 10036 ASr1R:E-American Society of Mechanical Engineers Three Park Avenue New York, NY 1001675990 A S TM-A S TALI International 10013arr Harbor Drive, West Conshohocken, PA 19428 NSPI=National Spa and Pool Institute 2111 Eisenhower Avenue, Alexandria, VA 22314 UL-Underwriters Laboratories, Inc. 333 Pfingsten Road Northbrook, Illinois 60062-2096 SECTION AG108 STANDARDS AG108.1 General. ANSI/NSPI ANSINSPT-3-99 Standard) for Permanently Installed Residential Spas . . . . . . . . AG 104.1 AINSUNSPT-499 Standard for Above-a ound/On-ground Residential SwimniingPools . . . . . AG103.2 ANSINSPI-5-99 Standard for Residential In-ground Swimming Pools . . AG 103.1 ANSVN:S.P.1-6-99 Standard for Residential Portable Spas . . . AG 104.2 ANSUNSPI-5-2003 Standard for Residential Jn-groundSwinuningPools . . AG103.1 ANSTIASNIE A112.19.8M-1987 (121996) Suction Fittings for Use in Swinurring Pools, Wading Pools, Spas, Hot Tubs and Whirlpool Bathing appliance; . . . . . . . AG 106.2 AS1 M ASTM F 1.346-91 (2003) Performance Specification for Safety Covers and Labeling Requirements for All Covers-for Swinuuing Pools, Spas and FlotlVbs . . AG105.2,AG105.5 ASrMI, ASME Al 12.19.17 Manufacturers Safety Vacuum Release Systems (SVRS) for Residential and Commercial Swimming Pool, Spa, Flot Tub and Wading Pool.. . AC 106.3 2006 INTERNATIONAL. RESIDENTIAL CODE 611 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-05-07 City. Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Lodging Tax Advisory Committee Grant Allocations BACKGROUND: As shown on the attached Committee minutes of May 17, 2007, below are the' committee's recommendations for grant allocations: ORGANIZATION REQUESTED RECOMMENDED GRANT AMOUNT Valley Chamber of Commerce $50,000 $50;000 Convention Visitor's Bureau $78,000 $78,000 Valleyfest-Advertising $ 5,000 $ 5,000 Valleyfest-Float $ 6,000 $ -0- inland Dancc Association $ 2,535 $ -0- Spokane Winery $ 7,500 $ 7,500 Burke Marketing $147,500 $ -0- Spokane Jr. Soccer Association $17,000* $30,300 D *$14,000 to contract for a website; $3,000 for the response packet. Y~ City of Spokane Valley Lodging Tay Advisory Committee Minutes of a Meeting Held May 17, 2007 The meeting was called to order by Diana Wilhite at 3:30 p.m. In attendance were Steve Taylor, Diana Wilhite, Liz Beck, Eldonna Shaw, Lee Cameron, Charlie P.flieger, Ken Thompson, and representatives from Spokane Junior Soccer Association, CVB, Valleyfest, hiland Dance Association, Chamber of Commerce and Burke Marketing. The purpose of the meeting was to hear proposals from the organizations listed above and to recommend which grants to fund and the amottnts. After listening to the proposals and much discuss the conunittee recommended the follow grants and amounts. Valley Chamber of Commerce $ 50,000 CVB $ 78,000 Valleyfest - Advertising $ 5,000 Valleyfest - Float $ -0- Inland Dance Association $ -0- Spokane Winery $ 7;500 Burke Marketing $ -0- Spokane Junior Soccer Association $ 17;000 These funds came with the direction that they only be used to contract for a wcbsite ($14,000), and response packet ($3,000). The committee recognized that $4,000 was spent in 2006 when a request by the Junior Soccer Association to change from a wooden sign to a website did not receive a lodging committee response because of a lack of a quorum. There being no further business Chairman `T'aylor adjourned the meeting at 6:00 p.m. Respectfully submitted, Charlie Pflieger I Hotel / Motel Fund - Hotel YoW Proposed Budget -und Balance Garry Over 388,235 Estimded 2D07 Revenues 408,000 2007 Awarded Available Fund6 413,735 Prior Yearn Applic pions and Funding ORGANIZATION Fhnds of the Cadoxviii Trail Vafty C,mntm or Commune tM mqww rm O Pbr*w F Put SpOk" Co. FAV A Expo COlllr 5 cm"nban a y1MOrs an" Spokane Rryiond Sports C4=r4uion GPo_k ar Vwllai' NirCaP~ k"nsum spokaft W Jr. Soocar Atsocim Of Apply 03 Furdad 04 Apply 154 Furo&d OS 06 Fund ed 06 Apply 06 FW.11 07 AppIF 107 SPnrq Of Funded APP"d _ - ~ 2],4lO 0 a 2,000 9,000 1 71t1421 16,440 20p00 15,440. 2],17K 5,D00 j _ ~ >to,~oo in win 17,500' 3bA00 21,000 21_OOOI 10,0 001 20.000; 20 000 ,000 13,700 ' 250000 130,0W 2000001 130,0 00! 2ffi000 163,000: 17;,000 m,000. ,400 f2.11fU ' 450,044 100,000 100,0001 ?!j WDO 100000 14000 100000' 100.0001 0 40,000 1,000 l _ 23-1011019 011 49,104 Sim 27A30i 10,60 _ 41, !i 000. 71,0411 _ 4000 44(10 YMCA SOAGO 11,000: ~ 12p00 _ NM; 17,000: 7.000 - I Plana t!V As- -2.1133 a i 2,000; _ - f Try ....:,yet Ant Aawcwrion - - I 13.000 _11,600 - 1Ntna conam 584,742 200,000] 632.8641 249,000 307,740 300,0001 486,855 125.000 407,450 382,500 32S,83S OAutaurn ]~7fi Z,SIt~ i - - Confe ence 17.s0o I spokwo Poo Ckae SPOkWW Pub Ck1A vob CW0 70,000 0~ T]O:OOa i 10.000 0 a: X400. a. SAM: 0 j 20 WO 6 20AW raa~ a s.%,c MAWi o 3CM0 o. I TOTALS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 5. 2007 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Memorandum of Understanding for the Judicially Integrated Mental Health Solutions Program GOVERNING LEGISLATION: BACKGROUND: Mayor Wilhite has been asked to sign the attached Memorandum of Understanding (MOU) for the "Judicially Integrated Mental Health Solutions (JIMHS) Program." According to a footnote in the MOU, "A Memorandum of Understanding (MOU) is an informal document which embodies something which the parties desire to fix in memory by the aid of written evidence. It is not a binding agreement/contract." . The Memorandum of Understanding is presented as a key objective intended to result in 1 accomplishment of the goal of the JIMHS Program to "establish coordination among justice 1 system and mental health agencies involved in developing, implementing, and maintaining the Judicially Integrated. Mental Health Solutions Program." The document stated that the signing of this MOU does not commit any individual agency funds; and the.agencies participating agree to support the JIMHS Program as outlined on page 2 and 3 of the MOU. OPTIONS: 1. Do not authorize the Mayor's signature 2. Ask for further research/information 3. Authorize the Mayor's signature 4. Take other action deemed appropriate RECOMMENDED ACTION OR MOTION: Move to authorize the Mayor to sign the "Memorandum of Understanding for the Judicially Integrated Mental Health Solutions (JIMHS) Program." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mayor Wilhite ATTACHMENTS: Memorandum of Understanding for the Judicially Integrated Mental Health Solutions (JIMHS) Program. Memorandum of Understanding for the Judicially Integrated Mental Health Solutions (JD,*IS) Program Vision Statement The Judicially, Integrated Mental .Health Solutions Program seeks to increase public safety through innovative cross-systeni collaboration designed to improve outcomes for individuals with mental illness who come into contact mth the criminal justice system. Adopted by the JLME-IS Steering Committee December 6, 2006 Background. Spokane County, through Spokane County Superior Court, together Nvith Spokane County District/Nlunicipal Court and Spokane Mental l-lealth, submitted a grant application to the D`epartment of Justice, Bureau of Justice Assistance (BJA), on June 2, 2006. The application wasaubmitted in response to the BJA Fiscal Year 2006 competitive grant aii:nounc6 ieut titled "Justice and Mental Health Collaboration Prograut." ']'he application received broad based support from local government, law and justice, and human service 'The proposal requested funding to f•'acilitate a 12 month planning process intended to increase public safety and to improve outcomes for persons who are mentally ill and who come in contact with the criminal justice system. The proposed program is titled the Judicially Integrated Mental Health Solutions or JWfHS Program. BJA made a planning grant-award effective August 31, 2006. A Tune T ask Plan submitted with the grant application specifies eight goals. Seven of the eight ate to be achieved on or about September 30, 2007. The Time Task Plan includes objectives linked to each goal. It also details activities the accomplishment of which is.expeeted eo result in ~cliieVement of the objectives and thereby, the goals. A IvIemoranduni Of Understandiiig' is presented as a key objective intended to result in accomplishment of Objective 1 of the Time Task Plan: To "establish coordination among justice system-,incl. rvent.al health agencies involved in developing, implementing, and maintaining the Judicially Tp.tegrated Mental Flealth Solutions Program." This document shall serve as the Spokane.M6m6raudum Of Understanding (MOC) relative to the JTMI-IS Program. ' Each individual whose signature appears on this document, by his/her signature, represents that s/he is authorized•to represent the agency indicated by his/her name, and to commit that agency to the inteilf'o_f this iMOU subject to any and all applicable and/or relevant laws, regulations and court rules- as:W611 as the availability of staff resources. The signing this MOU does not commit any individ'ual•age-ncy funds. 1 , n ~~Cemoi andum of Understanding (MOU) is an informal document which embodies something which the parties desire to fix mi memory by the aid of written evidence. It is not a binding agreement/contract. JIM:FIS Program Memorandum Of Understanding The agencies participating in the JUVff]S Program agree to support, to the extent possible, the following: • To participate in JIMHS Steering Committee meetings. [Goal 1] • To appoint as play be needed a representative(s) to assist the MMES planning initiative Facilitator with. completion of needs assessments for the purpose of (1) identifying acid prioritizing needs/barriers relative to effectively and efficiently processing mentally ill offenders through. the Criminal Justice System (CJS); and (2) enhancing information sharing relative to mentally ill offenders across departments and systems. [Goal 3'1 The ultimate purpose of the needs assessments is to result in recornnlended actions to mitigate harriers and to address the needs of mentally ill offenders. . • To participate in a process designed to prioritize law and justice system agency training needs relative to interacting with and processing mentally ill offenders [Goal 3], and in a process designed to prioritize mental health and other human service system organization training deeds relative to interacting Nvith and providing needed services to mentally il.l offenders. [Goal 41 To'a Kno,,vledge findings derived from human service organization needs assessments rclati~re to structural/systems, programmatic and fmancial barriers to mentally ill offenders securing needed services. Further, to recommend actions to mitigate the barriers, and to address the needs: [Goal 4] • To participate in an effort .to establish communication protocols among all justice system agencies to identify and process mentally ill offenders. [Goa15] • To participate in a process designed to determine points of interception where an intervention niay be made to keep mentally ill offenders from entering or moving further into the j ustice system. [Goal 5] ' To establish protocols for referral of mentally ill offenders to human service organizations based on needs and judicial system point of interception. [Goal a].. • To produce a policies and procedures manual that outlines a plan of action(s) from first contact with a mentally ill offender [e.g., arrest, diversion] to case disposition. [Goal 6] • To support the effort by i.nfortnation systems personnel from or representing each agency to develop coding to track and report on ,rMMS clients across ]a,,v and justice and mental health systems. [Goal 6] ; • To participate in identi lcation and selection of training resources to meet training needs identified under goals 3 through 6 of the JUViHS planning grant Time Task Plan, and to the extent possible to arrange for appropriate agency personnel to participate in the trainings. [Goal 7] To assist. with development of a JTM RS Strategic Plan to address the needs of mentally ill `r offenders who come in contact with the justice system and to support implementation of that plan. (Goal 3] 11:x1 H S :Program Memorandum Of Understanding 2 • As resources allow, to encourage agency personnel to identify potential Rmd sources to implement services/programs prioritized through the planning process, and to develop and submit applications to secure finding. [Goal S]. It is understood the duration of this MOU is concurrent NNRth the BJA planning grant (BLkaward n 2006-MO-BX-0010; BJA application # 2006-F4996-WA-TL). Name Agency Title Date Spokane County Commissioner _ Cit~of Spokane Mayor Ci of Spokane Valley Mavor City of Spokane Council President Spokane County Superior Court Presiding Judge SL)ok:ine County District Court Presiding= Judge Spokane_ County Prosecutor Prosecuting Attorney Spokane County Public Def. Director Spokane City Prosecutor Prosecuting Attorney Spokane City Public Def. Public Defender Spokane County Sheriff Office Sheriff 07 Spokane Police Department Chief Spokane Valley Policc Dept` Chief h`-' pokane County Cnmrn. Serv. Director 5- 2S 07 SPDkanc Mental Health Chief Exec. Officer :Eastern State Ilosnital Chief Exec. Officer Nat'l Alliance on Mental Illness President C✓'1 Sacred Heart Medical Center Psyc. Sete. Line Dir. 1)SHS SW Comm. Serv. Office Adminis(Tator _ NVA State Dent. of Corrections Administrator 77-. North Fast WA 'Tx Alternatives Executive Director So~S7 Cei2er Corrections Center Director ,.y Jai ff4S Program Memorandum Of Understanding CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 5, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information 0 admin. report Q pending legislation AGENDA ITEM TITLE: Vacation of Streets, Payment of Value GOVERNING LEGISLATION: RCW 39.79.030 PREVIOUS COUNCIL ACTION TAKEN: Current Council practice is to not charge for street vacations other than charges reflecting administrative costs. BACKGROUND: This matter was previously before the council. Questions had been asked concerning the options the City has when properties are vacated. There is an additional concern that when the council revisits this question at each individual vacation hearing the possibility of inconsistent decisions increases. Currently the City has no guidelines or written criteria for determining whether to charge or not charge. The alternatives allowed by law and the current practices of other communities is set forth in the memoranda attached. OPTIONS: A policy or ordinance change should be developed reflecting the council preferred options. RECOMMENDED ACTION OR MOTION: Provide direction to allow staff to prepare a policy for council consideration. BUDGET/FINANCIAL IMPACTS: Possible addition to transportation funds STAFF CONTACT: Mike Connelly, City Attorney ATTACHMENTS : Memorandum Re: vacations Draft Policy Excerpt from Council Minutes of March 20, 2007 OFFICE OF THE CITY ATTORNEY OF MTCHAEL CONINIELLY, CITY ATTORNEY S C~ CARY P. DRISKELL, DEPUTY CITY ATTORNT ® r Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhalt@spokanevalley.org Memorandum To: Mayor Diana Wilhite; members of the City Council; Dave Mercier, City Manager; Nina Regor, Deputy City Manager 'From: Mike Connelly, City Attorney Date: March 15, 2007 Re: Street Vacations QUESTIONS: 1. What charging options does the City have when streets or alleys are vacated? 2. What criteria could the City adopt? 2. What are other communities doing? ANSWERS: 1. Streets, alleys or any part thereof may he vacated pursuant to RCW 35.79.1130. This statute allows the City to charge for the property vacated in the following manner: ...and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shell compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for hventy-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated One half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town. The option is the councils'. You may charge nothing other than administrative costs, charge up to 50% of appraised value or, in the event the street or alley has been part of a dedicated public right-of-way for twenty-live years or more or acquired at public expense, charge the full. appraised value. 2. The City has a number of options: a. The amount charged could be based upon a % of the appraised value of the land. (the city can request in excess of 50% of the appraised value only if they have held the property for more than 25 years or paid to acquire the propert),.) b. The City could charge one % for improved roadways and a lower % for unimproved roadways. c. The City could charge for the property but only to the extent that the appraised value exceed the administrative cost for vacation. d. The City could charge only where the gross area of the vacation exceeded a certain amount. 3. A review of other communitics.revcals the following: Seattle: hull value of the land as allowed pursuant to RCW 35.79.030 'T'acoma: full value of the land as allowed pursuant to RCW 35.79.030 Yakima: 50% of appraised value Liberty Lake: No established policy. Liberty Lake has had two vacations, one was so small no charge was requested. The other was part of a land swap. Spok-me Cotunty: No charge other than an administrative .fee. DRAVf PROPOSED POLICY REGA_RDIN CHARGING FOR VACATION OF ROADWAYS AND RIGHT OF WAYS Whereas, the City of Spokane Valley has the authority to vacate roadways and right of ways pursuant to RCW 36.79.030; and Whereas, the City of Spokane Valley has the authority to charge for said vacations in an amount that does not exceed 50 % of the full appraised value or for the full appraised value of the area vacated where the street or alley had been part of a dedicated right of way for over hventy five (25) years; or if the property was acquired at public expense; and Whereas, the City of Spokane Valley wishes to establish a set of guidelines by which they determine the cost of any such vacation. Now, therefore, the City of Spokane Valley adopts the following vacation policies: 1. The cost for a vacation shall be 50% of the appraised value of the land as established by the Spokane County Assessor for the parcels of property directly adjacent to the subject street or alley. , if the value of adjacent property differs, then an average of the existing values will be used. 2. The applicant shall be required to pay the above described fee only to the extent that it exceeds the cost charged by the.City of Spokane Valley exclusive of any surveying or engineering costs incurred by the applicant. 3. This charge shall be paid subsequent to council action and prior to recording the vacation with the Spokane County Auditor. 4. The City Council shall reserve the right to deviate from this policy upon the adoption of written findings of fact that demonstrate that the public interest shall be best served by an alternate approach. Policy: Charging for Vacation of Roadways and Right of Ways Page I of 1 EXCERPT FROM COUNCIL MEETING Mh-,TUTES, MARCH 20,2007: 4. Vacation of Streets, Paymcnt of Value - Mike Coanelhy/Marina Sukup City Attorney Connelly explained that questions have arisen concerning the options the City has when properties are to be vacated; and of options for charging or not; and that the City currently has no guidelines or written criteria for determining whether to charge. After explaining the highlights of his March 15, 2007 "Street Vacations" memorandum, Mr. Connelly said Council could explore the options concerning charging for vacated property. Suggestions for criteria to use included appraised value, land value of adjacent lots, assessor's value; size, type of zone, the $1300 administrative fee in addition to other criteria, the $1300 administrative fee only, the land by itself versus the land and its surroundings, only have a fee if the land is over a certain appraised value, such as anything over $10;000; the value of the land per square foot; whether the land is improved; some trigger over the administrative fee for cost recovery; or a percenttage over the administrative fee. There was some council consensus to look at the square footage of assessed value, and when that is $1300 or less, then the administrative fee is a wash; and anything over that would be 50% of cost. Attorney Connelly said lie will draft a suggested policy and bring that back for further council consideration, and Council can then decide on the exact percentage. l~ ~