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2004, 01-13 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING Tuesday, January 13, 2004 CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor 6:00 P.M. Council Requests All Electronk Devices be Turned Off During Council Meeting CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Shelley Bryan -Wes of Zion Lutheran Church ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD. LIAISON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda. Please slate your name and address for the record and limit remarks to three minutes. PUBLIC REARING: 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. Approval of Regular Council Meeting Minutes of December 23, 2003 b. Approval of Claims in the amount of $1,822,111.40 c. Approval of Payroll for 12T3172003 in the amount of S142,660.72 d. Approval of STEP Memorandum of Understanding NEW BUSINESS 2. First Reading Proposed Towing Ordinance 04 -001 - Cary Driskell [public comment] 3. First Reading Proposed Street Vacation Ordinance 04 -002 - Cary Driskell [public comment] 4. First Reading Proposed Fire District Annexation Ordinance 04 -003 - Nina Regor [public comment] Council Agenda 01 -13414 Regular Mccth t'agc 1 art ADMINISTRATIVE REPORTS: [no public comment] S. Animal Control Discussion - Nina Regor 6. Design Build Operation (DBO) Discussion - Neal Kersten 7. Tourism Promotion Area Discussion - Stanley Schwartz 8. Library Agreement Report - Nina Regor _y/.< 6p 0.. PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) 9. International Building Code Discussion - Tom Scholtens 10. Legislative Issues Discussion - Councilmember Taylor 11. Council Retreat Planning - Dave Mercier INFORMATION ONLY: Ino public comment] 12. Splash -Down Update 13. Minutes of Planning Commission Meeting of 12 -11 -2003 ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are general y held 2nd and 4 Tuesdays. beginning at 6:00 p.m Council Study Sessions are generally held l 3 and 5th Tuesdays, beginning at 6:00 p.m. Other Upcoming Meetings/Events: January 15, 2004 - 3-5 p.m., Joint Meeting: Council and Planning Commission January 19. 2004 - Martin Luther King Day - City Hall Closed January 211. 2004 - 6:00 p.m. Council Regular Meeting January 27, 2004 -No Council Meeting or Council Study Session January 28 and 29, 2004 - City Legislative Action Conference, Olympia, Washington February 3, 2004 - 6:00 p.m Study Session NOTICE: Individuals planning to attend thc meeting who require special assistance to accommodate physical. hearing or other impaunsertts. please rnntact thc City Clerk at (509) 921 -1000 as soon as possible so that arrangements may be made Council Agenda 01 -13-04 Regular Mooting Page 2 of 2 DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, December 23, 2003 Mayor DeVleming welcomed everyone to the 34 official council meeting, and called the City of Spokane Valley Regular Meeting to order at 6:10 p.m. Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember (via telephone speakerphone) Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Pat Mecham of Opportunity Presbyterian Church gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. APPROVAL OF AGENDA: 11 was moved by Councilmember Taylor and seconded by Councilmember Denenny to have discussion regarding potential changes that might need to he made to the interlocal agreement to the tourism promotion area, and to have such discussion toward the end of New Business. After brief discussion, Mayor DeVleming referred to section 1.9 of the Governance Coordination Manual and said that items may only be added to the agenda by the presiding officer, three councilmembers, a majority of the Councilmembers present, or the City Manager. Mayor DeVleming asked if any other councilmembers wished to support the motion. No other councilmembers voiced their support. It was moved by Mayor DeVleming and seconded by Councilmember Schimmels lo approve the agenda as presented. Roll Call Vote: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Flanigan and Munson. Opposed: Councilmembers Taylor and Denenny. Abstentions: None. Motion approved. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Denenny: reported that he attended the Spokane Transit Authority Board meeting which involved discussion and ultimate approval of their budget; that the budget reflected substantial reduction in operations beginning July; and that there will be two major public -input meetings on this issue in January; and that after the public process, the Board will vote on the proposed changes. Council Minutes 12 -23 -03 Page 1 of 5 Date Approved by Council: DRAFT Councilmember Taylor: explained that he attended the Board meeting of the Inland Northwest Technology Education Center, where the proposal was discussed to move forward with the connect model based on the University of California San Diego connect economic development model used to promote the high -tech sectors in that City; and they are attempting to put together a similar model for the Spokane region. Councilmember Munson: said that he and Councilmembers Flanigan and Wilhite attended the National League of Cities Convention in Nashville where they attended many classes designed to help officials in their roles, such as a course on How to Involve the Public. Councilmember Taylor asked for a point of order in reference to adding an item to the agenda and that a motion and a second were stated and asked if a vote should have been taken. Mayor DeVleming cited the Governance Manual dealing with the three ways to add items to an agenda. Mayor DeVleming also mentioned the issue has been scheduled as an agenda item for the January 13 agenda. MAYOR'S REPORT: Mayor DeVleming reminded everyone that the Christmas tree is scheduled to be taken down January 2, and asked that any volunteers meet at the U -City parking lot that morning at 9:00 a.m. It was moved by Mayor DeVleming and seconded by Rich Munson to confirm the appointment of Rich Munson to fill the vacancy on the Spokane Transit Authority's Board in place of Deputy Mayor Wilhite's resignation. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: None was offered. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the consent agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Proposed Ordinance 03 -098 to Create Fund — Second Reading. City Manager Mercier explained that state law requires cities to formally create funds which are planned for use in the budget; that the adopted budget anticipates the use of certain funds to receive revenues and to make expenditures for various programs; and this Ordinance creates that fund. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve Ordinance 03 -098. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Proposed Resolution 03 -055 to Amend Six -Year Transportation Improvement Program. R was moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan to approve Resolution 03 -055. Public Works Director Kersten explained that this is a housekeeping item and simply adds the sidewalk project as a result of receiving a grant from the Transportation Improvement Board to construct sidewalks along Bowdish Road and 24 Avenue. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions. None. Motion carried. 4. Motion Consideration: Approval of Fleet Management Policy. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the Fleet Management Policy. City Manager Mercier explained that it is appropriate to have an operating policy and procedures to address the use of the City's vehicles; and that all items raised at the previous study session have been incorporated into the final draft of the policy. Mayor DeVleming invited public Council Minutes 12 -23 -03 Pane 2 of 5 Date Approved by Council: DRAFT comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: To Amend Hotel/Motel Contract Concerning Cost Reimbursement. Finance Director Thompson explained that the agreement states that funds are to be distributed on a reimbursement basis from the date the agreement is signed to the now modified date of March 31, 2004. However, because the agreement was signed so late in the year, staff proposes that expenditures should quality for reimbursement as of the date of Council approval, or September 9, 2003. It was moved by Mayor Devleming and seconded by Councilmember Flanigan to approve the amendment to the contract concerning cost reimbursements, to make expenditures . from September 9, 2003 to March 31, 2004. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 6. Motion Consideration: Approval of Probation Services Interlocal Agreement. It was moved by Mayor .DeVleming and seconded by Councilmember Flanigan to approve the interlocal agreement. Deputy City Attorney Driskell explained that after discussing this issue with several other local jurisdictions, it appears contracting with Spokane County at this point is the best option, and that staff will continue to research other options for probation after 2004. Mayor DcVlcming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Mayor Appointment to Spokane County Air Pollution Control Authority. Mayor DeVleming explained that after discussing this issue with council, Councilmember Schimmels has indicated his willingness to be appointed; and that all small cities will advance a name and then e-mail vote among the Mayors to determine who to advance to the county for appointment. Deputy Mayor Wilhite said she would be willing to be an alternate if needed. It was moved by Mayor DeVleming and seconded by Councilmember Denenny to advance Councilmember Schinunels to the l st of candidates for this appointment. PUBLIC COMMENT: Mayor DeVleming invited public comment; none was offered. 8. Fire District Annexation Issues. Deputy City Manager Regor went over her December 23 memo and the accompanying PowerPoint presentation on the major options for fire services, and added that First District 1 and 8 preferred we annex into both districts. Ms. Regor also mentioned that the Spokane Fire District 1 Board of Commissioners of Spokane Valley Fire Department approved the transfer of the four Spokane County parcels from Fire District #9 to be merged into District 1. Ms. Regor discussed the significant ongoing and financial service impacts to the options as shown on the accompanying chart, including discussion of the maximum levy rates which would be set. Ms. Regor finished by discussing election information and options, and Council concurred that they have no objections to an April 27 election date. 9. Council Retreat Planning. City Manager Mercier explained that many cities and private corporations rely upon a retreat as a time to plan for and address coming issues. After brief discussion, it was determined that February 7, 2004 would be the retreat date with possible times of 9:00 a.m. to 4:00 p.m. Possible topics for retreat discussion included five -year financial forecast, 2005 goals, review of department workplans, governance coordination manual process and rules, comprehensive plan, sewers, and review of contracting. It was mentioned if more complex items are desired, council could always plan for additional retreat days. Council Minutes 12-23-03 Page 3 of 5 Date Approved by Council: DRAFT 1.0. Draft MOU re STEP Agreement. Public Works Director Kersten explained that Council approved $1,010,000 for the STEP program, and this Memorandum of Understanding outlines the responsibilities and requirements between the City of Spokane Valley and Spokane County for the 2004 Sewer Construction Program. Councilmember Munson requested that staff continue the effort not to cut off traffic from major east/west or north /south corridors for significant lengths of time. The MOU will be placed on the next council agenda for council consideration. 11. Proposed Street Vacation Ordinance Discussion. Deputy City Attorney Driskell explained his December 18, 2003 memo addressing the questions of whether to require payment for the value of the property, and what amount to set for an administrative fee. Attorney Driskell said Spokane County's vacation fee is $300.00. Attorney Driskell said one of the previous questions addressed was whether to charge anything for the value of the property; that there is nothing mandating we charge for the value of the property, but staff suggests if that is an option Council chooses, we might want to charge a fee which would reflect a reasonable amount of cost recovery. Councilmember Munson asked in reference to paragraph 213, if staff is aware and has examined that case law, and also that the Assessor's Office states that the actual valuation of the land is not relevant, only the total value of land and improvements are relevant. Discussion continued regarding land value versus property value; option 1 administrative fee, special exceptions where the right -of -way has been acquired at public expense, large vacations, and simple vacations. Council agreed to have staff move forward on establishing an appropriate administrative fee with Council or the planning commission retaining the option of approval. City Manager Mercier said staff will come back to council with a recommended administrative fee that staff feels would reflect recovery of costs. 12. Library Report. Deputy City Manager Regor explained her December 23, 2003 memo and accompanying draft agreement. Ms. Regor said that the Library Board met December 16, 2003, and offered some alternatives to their original version approved December 3, 2003. Two variations were approved December 16. One option is based on a taxable valuation formula whereby the property tax valuation would be multiplied by the library district rate of .500, minus 5% uncollectible amount and that resulting amount would be the amount the City of Spokane Valley would pay in 2004 for library services. Ms. Regor stated that the property tax valuation continues to fluctuation, and the 5% uncollectible amount is an estimate and the actual amount will not be known until the end of the year. Under this option, Capital Facilities Planning would be included to be paid for by the District. The second option the Board approved was a payment based upon Valley usage. Costs were allocated to the Valley based upon the Valley use of each library branch. Councilmember Munson said he would like to see if our share of use is proportional to our share of the budget. Councilmember Taylor said he would like the contract based on cost and not on amount of revenue collected. Ms. Regor said she will confirm if the library card can be used district -wide or only in one district. City Manager Mercier added that staff will be looking at what other professional service contracts are part of the 2004 budget so that we can balance whether we are paying the full cost of the professional service contract for capital facilities charge but participating on a percentage basis on all of the other professional services contracts. It was determined staff will focus on option 42 and no longer attempt negotiations with option #1. 13. Legislative Issues Discussion. City Manager Mercier mentioned that he and Jim Justin, Association of Washington Cities lead lobbyist, discussed the council question regarding community empowerment zones, and Mr. Justin verified that as a matter of statute, only six zones are currently allowed creation in the State of Washington, and all of those zones need be established by January 1, 2004; if we want another zone related it would require legislative activity; that Mr. Justin was not certain of the process required if we were simply looking to enlarge a zone in our area; that CTED, the governing arm of that particular program, will be discussing Council Minutes 12.23 -03 Page 4 of 5 Date Approved by Council: ) DRAFT with Mr. Justin the process to follow for enlargement; and whether it can be an administrative agency decision or needs legislative attention. Mr. Justin informed Mr. Mercier that there are several exemptions within the fabric of the statutes that created the zone, which expire June 2004, and therefore in the short session, the legislature will need to visit this topic area to determine whether or not there will be an extension of the exemption that would otherwise expire; that would provide a legislative vehicle to consider enlargement of the zone or the creation of an additional zone, depending upon which avenue is required under the statute. Mr. Mercier added that legislative issues discussion is scheduled for Council agenda January 13, and the January 20, 2004 agenda includes a motion consideration to adopt the City Council Legislative agenda. Councilmember Munson suggested writing a letter to the legislators with a list and notes and to have this in their possession before they leave for the session. Councilmember Munson suggested he and Councilmembers Taylor and Wilhite get together to draft the letter. Regarding tax equalization, City Manager Mercier said that AWC c- mailed the updated figures prepared by the Department of Revenue, to demonstrate which communities would gain or lose revenue, and there was no change for Spokane Valley with an estimated $106,000 increase per year under this proposal; however, estimates and the affects continue to change leaving great uncertainty in the numbers proposed. Because not all figures are known, Council agreed to oppose this legislation. Regarding water rights, Councilmember Taylor mentioned he feels this should not be included on the agenda this year as it is a long term problem. Councilmember Schimmels agreed this is not a problem this year for our area. Council agreed however, to support the Public Facilities District issue. Regarding tax increment financing, Deputy Mayor Wilhite said she is gathering data and will have some information soon to share with Council. Mayor DeVleming said in reference to tort reform, he would like to monitor the issue until further information becomes available. Deputy Mayor Wilhite said that Senator McCaslin introduced a bill last session which will be re- introduced and more information will be gathered for the next council discussion. [Note: Councilmember Denenny momentarily left the room.] It was also mentioned that in the letter to be drafted by Councilmembers Munson, Taylor and Deputy Mayor Wilhite, the letter will also address the support for the PFD expansion. [Councilmember Denenny returned.] Brief discussion ensued regarding holding a council meeting January 6, 2004. Councilmember Flanigan indicated he would not Iikc to have a meeting as he intends to attend the County's public hearing that date on tourism promotion area. It was moved by Councilmember Taylor and seconded by Councilmember Denenny to have a council meeting January 6, 2004. Discussion turned to issues which might be addressed at. a January 6 meeting in addition to the tourism promotion area issue. Vote by Acclamation: In Favor: Councilmembers Taylor and Denenny; Opposed: Mayor DeVleming. Deputy Mayor Wilhite, Councilmembers Flanigan, Munson, and Schimmels. Motion defeated. As there was no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The meting adjourned at 8 :25 p.m. Attest: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 12 -23 -03 _ page 5 of 5 Date Approved by Council: Meeting Date: 1 -13 -04 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: Claims: Voucher listing total for December 19, 2003, December 26, 2003, and December 31, 2003 OPTIONS: CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: Approve claims of $ 1,329,337.26 Approve claims of $ 131,298.58 Approve claims of $ 361,475.56 BUDGET /FINANCIAL IMPACTS: $1,822,111.40 STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists for December 19, 26, and 31, 2003. vchlist 12/19/2003 3:21:53PM Bank code : apbank Voucher Date Vendor 3958 12/19/2003 000384 3959 12/19/2003 000037 3960 12/19/2003 000030 3961 12/19/2003 000113 3962 12/19/2003 000242 3963 12/19/2003 000390 3964 12/19/2003 000227 3965 3966 12/19/2003 000035 AIA SPOKANE CHAPTER AMERICAN LINEN AVISTA UTILITIES BASLINGTON, MARY CAMPREGISTER.COM COLLETT, BOBBI CONKLIN, PEGGY Voucher List Spokane Valley Invoice 1203003 297856 306644 11/03 Nov03 121603 11/16 -11/30 CUP -03 -03 121103 12/19/2003 000326 CONSOLIDATED IRRIGATION DIST. #19 102703 3967 . 12/19/2003 000060 CORPORATE EXPRESS DENENNY, RICHARD PO # 47752587 30109 47803243 30145 47834927 30141 47990731 30152 48117395 30154 30154 48163632 30147 RD -DECO3 Description /Account BOOK FLOOR MAT SERVICE FLOOR MATL SERVICE STREET LIGHTING /SIGNAL POW SIGNAL POWER EXPENSE REIMBURSEMENT Total : ON -LINE PROGRAM REGISTRAT Total : PERMIT APPLICATION REFUND Total : EXPENSE REIMBURSEMENT Total : WATER UTILITY CHARGES Total : FILE CABINETS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Total : Total : Total : Total : MONTHLY CELL PHONE ALLOW Page: 1 Amount 243.22 243.22 67.47 67.47 134.94 16,779.74 32.04 16,811.78 21.57 21.57 10.00 10.00 800.00 800.00 6.48 6.48 281.68 281.68 2,691.23 18.69 90.27 274.05 273.42 308.83 3,656.49 35.00 vchlist 12/19/2003 3:21:53PM Bank code : apbank Voucher Date Vendor 3967 12/19/2003 000060 DENENNY, RICHARD 3968 12/19/2003 000059 DEVLEMING, MICHAEL 3969 12/19/2003 000246 3970 12/19/2003 000014 3971 12/19/2003 000072 FLANIGAN, MIKE 3972 12/19/2003 000079 GOSS, SHELLEY 3973 12/19/2003 000070 3974 12/19/2003 000288 3975 12/19/2003 000388 IRVIN WATER DIST. #6 3976 12/19/2003 000071 LARSON, SUE 3977 12/19/2003 000383 • LEO'S PORTRAITS 3978 12/19/2003 000033 MCPC r � Voucher List Spokane Valley Invoice (Continued) 120803 MD -DECO3 EAST SPOKANE WATER DIST #1 112003 EDEN SYSTEMS, INC. 18901 MF -DECO3 121503 INLAND POWER AND LIGHT CO Nov03 INTERNATIONAL CODE COUNCIL 0697837 -IN 30140 120103 121603 121003 4457335 4461247 4466773 4468602 PO # 30140 30132 30137 30146 30148 Description /Account SOFTWARE SUPPORT BUILDING CODE BOOKS PHOTOGRAPHER FEE OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Total : EXPENSE REIMBURSEMENT MONTHLY CELL PHONE ALLOW Total : WATER UTILITY CHARGES Total : Total : MONTHLY CELL PHONE ALLOW Total : EXPENSE REIMBURSEMENT Total : STREET LIGHTING /SIGNAL POW Total : Total : WATER UTILITY CHARGES Total : EXPENSE REIMBURSEMENT Total : Total : Page: 2 Amount 35.00 39.39 35.00 74.39 220.41 220.41 360.00 360.00 35.00 35.00 46.44 46.44 357.14 357.14 1,747.26 1,747.26 345.08 345.08 63.68 63.68 55.00 55.00 113.05 261.49 111.25 133.37 Page: 2 vchlist 12/19/2003 3:21:53PM Bank code : apbank Voucher Date Vendor 3978 12/19/2003 000033 3979 3980 3981 3982 3983 3984 3985 3986 3987 12/19/2003 000387 12/19/2003 000132 12/19/2003 000062 12/19/2003 000344 12/19/2003 000036 12/19/2003 000389 12/19/2003 000322 12/19/2003 000358 12/19/2003 000024 3988 12/19/2003 000064 MCPC MODEL IRRIGATION DIST. #18 Voucher List Spokane Valley Invoice (Continued) 4470599 4472345 4472718 4473333 123103 MODERN ELECTRIC WATER COMPANY Nov03 MUNSON, RICHARD NFPA OFFICE DEPOT PARRAS CONSTRUCTION INC. QWEST REGOR, NINA RESOURCE COMPUTING INC. SCHIMMELS, GARY PO # 30153 30151 30155 30155 RM -DECO3 2574782Y 227288646 30157 227905641 30163 02 -FNA47 FaII03cIose 121903 36079 36159 GS -DECO3 Description /Account OFFICE SUPPLIES TASK CHAIRS OFFICE SUPPLIES OFFICE SUPPLIES WATER UTILITY CHARGES Total : STREET LIGHTING POWER/WAT Total : MONTHLY CELL PHONE ALLOW Total : BLDG CODE BOOKS OFFICE DEPOT OFFICE SUPPLIES SWALE BOND REFUND TELEPHONE SERVICE Total : Total : Total : Total : Total : MOVING EXPENSE REIMBURSE Total : INFO SYSTEMS DEVELOPMENT SERVER MAINTENANCE LABOR Total : MONTHLY CELL PHONE ALLOW Page: 3 Amount 207.67 637.79 225.87 509.00 2,199.49 618.06 618.06 9,816.34 9,816.34 35.00 35.00 447.95 447.95 5.68 236.73 242.41 1,000.00 1,000.00 326.89 326.89 3,500.00 3,500.00 6,400.00 1,135.05 7,535.05 35.00 9e: 3 • vchlist 1211912003 3:21:53PM Bank code : apbank Voucher Date Vendor 3988 12/19/2003 000064 SCHIMMELS, GARY 3989 12/19/2003 000324 SCWD #3 3990 12/19/2003 000001 3991 3992 3993 3994 3995 SPOKANE COUNTY TREASURER 12/19/2003 000323 SPOKANE COUNTY UTILITIES 12/19/2003 000391 12/19/2003 000311 12/19/2003 000063 12/19/2003 000167 3996 12/19/2003 000061 3997 12/19/2003 000349 3998 12/19/2003 000004 SPOKANE VALLEY FIRE DEPARTMENT SPRINT PCS TAYLOR, STEVE VERA WATER & POWER WILHITE, DIANA WOODY'S ASPHALT SEALCCOAT ZEPUBLIC Voucher List Spokane Valley Invoice (Continued) 111303 11/03 3/03 -6/03 Apr- Nov'03 Dec 03 Jun -Dec '03 122703 SVFD fees 10/15-11/14 ST -DECO3 E09708 monthly DW -DECO3 121503 12152003 Dec03 PO 11 Description /Account WATER UTILITY CHARGES Total : HEARING EXAMINER SERVICES JAIL CONTRACT PROBATION CONTRACT SHERIFF LAW ENFORCEMENT EMERGENCY MANAGEMENT S Total : SEWER UTILITY CHARGES FIRE DEPT. FEES CELL PHONE CHARGES Total : Total : Total : Total : MONTHLY CELL PHONE ALLOW Total : UNDERGROUND CAPACITY CH POWER & WATER CHARGES Total : MONTHLY CELL PHONE ALLOW Total : CONTRACT RETAINAGE CONTRACT RETAINAGE Total : WEB SITE HOSTING & MAINTEN Total : Page: 4 Amount 35.00 133.01 133.01 2,350.25 2,707.98 5,393.04 961,418.16 36,482.67 1,263,009.72 1,593.64 1,593.64 7,966.85 7,966.85 72.12 72.12 35.00 35.00 198.00 2,682.59 2,880.59 35.00 35.00 514.58 1,785.00 2,299.58 250.00 250.00 Page: 4 vchlist 12/19/2003 3:21:53PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 41 Vouchers for bank code : apbank 41 Vouchers in this report Total vouchers 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 Voucher List Page: 5 Spokane Valley Bank total : 1,329,337.26 1,329,337.26 f vchlist 12126/2003 3:57:51 PM Bank code : apbank Voucher 3999 4000 4001 4002 Date Vendor 12/26/2003 000392 12/26/2003 000168 12/26/2003 000379 12/26/2003 000035 4003 12/26/2003 000284 4004 12/26/2003 000014 4005 12/26/2003 000028 4006 12/26/2003 000171 4007 12/26/2003 000002 APERFECTWEB, INC. B & C TELEPHONE INC. CITY OF SPOKANE VALLEY CORPORATE EXPRESS CRUCIAL TECHNOLOGY EDEN SYSTEMS, INC. FARMERS & MERCHANTS BANK GEIGER CORRECTIONS CENTER H & H BUSINESS SYSTEMS Voucher List Spokane Valley Invoice 1059 WEB SITE DEVELOPMENT 77340 TELEPHONE SYSTEM LABOR Total : BLD -03 -02875 48266285 48266298 48367756 48400370 48434433 82680789 15240388 30175 18871 SOFTWARE TRAINING EXPENS 18873 SOFTWARE PROJECT CONSUL 18984 SOFTWARE CONSULTING 18985 SOFTWARE TRAINING 1217Nov /Dec 1225Nov /Dec 1332Nov /Dec Oct '03 115077 PO # 30161 30161 30154 30169 30143 30171 30171 Description /Account BLDG PERMIT FEES; MIRABEAU Total : OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES FILE CABINETS OFFICE SUPPLIES PC MEMORY CREDIT CARD PAYMENT CREDIT CARD PAYMENT CREDIT CARD PAYMENT GEIGER CORRECTIONS CONTR Total : PRINT CONTROLLER Total : Total : Total : Total : Total : Page: 1 Amount 11,250.00 11,250.00 137.83 137.83 43,082.69 43,082.69 190.01 41.54 126.09 61.58 2,541.72 407.09 3,368.03 495.01 495.01 107.25 337.50 412.50 600.00 1,457.25 517.13 291.84 211.27 1,020.24 7,829.25 7,829.25 423.75 Page: 1 vchlist 12/26/2003 3:57:51 PM Bank code: apbank Voucher Date Vendor 4007 12/26/2003 000002 4008 12/26/2003 000393 4009 12/26/2003 000288 4010 12/26/2003 000378 4011 12/26/2003 000252 4012 12/26/2003 000033 4013 12/26/2003 000069 4014 12/26/2003 000258 4015 12/26/2003 000132 4016 12/26/2003 000043 H & H BUSINESS SYSTEMS INLAND AUDIO VISUAL INTERNATIONAL CODE COUNCIL 0705966 -IN 0709235 -IN 30158 INTUIT INFORMATION TECHNOLOGY, S 214363 LOWE'S BUSINESS ACCOUNT MCPC MERCIER, DAVID MICROFLEX INC. NEXTEL COMMUNICATIONS Voucher List Spokane Valley Invoice (Continued) 12012003 88496 12048 27379 27503 4462428 4475241 4476445 4479001 121803 12182003 00014635 MODERN ELECTRIC WATER COMPANY Nov03 432169121 PO # 30164 30151 30162 30162 30170 Description /Account COPY EQUIPMENT LEASE MICROPHONE EQUIPMENT REN Total : BOOKS BLDG CODE BOOKS SOFTWARE TOOLS & SUPPLIES TOOL BOX TOOLS & SUPPLIES KEYBOARD TRAYS FREIGHT OFFICE SUPPLIES OFFICE SUPPLIES EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total : TAX AUDIT PROGRAM Total : Total : Total : Total : Total : Total : ELECTRIC POWER CHARGES Total : CELL PHONES CHARGES Page: 2 Amount 201.04 624.79 124.32 124.32 48.63 422.05 470.68 1,699.00 1,699.00 174.27 20.50 392.36 587.13 774.01 48.66 361.23 328.47 1,512.37 2,275.59 44.48 2,320.07 5,000.00 5,000.00 253.33 253.33 473.97 Page: 2 vchlist 12/26/2003 3:57:51 PM Bank code : apbank Voucher Date Vendor 4016 12/26/2003 000043 4017 12/26/2003 000239 4018 12/26/2003 000193 4019 12/26/2003 000036 4020 12/26/2003 000016 4021 12/26/2003 000020 4022 12/26/2003 000041 4023 12/26/2003 000024 4024 12/26/2003 000341 4025 12/26/2003 000297 4026 12/26/2003 000324 4027 12/26/2003 000001 NEXTEL COMMUNICATIONS NORTHWEST BUSINESS STAMP NORTHWEST CHRISTIAN SCHOOLS OFFICE DEPOT PETROCARD SYSTEMS PRESTONIGATESIELLIS, L.L.P. PROTHMAN COMPANY RESOURCE COMPUTING INC. RICOH CORPORATION SCHOLTENS, TOM SCWD #3 SPOKANE COUNTY TREASURER Voucher List Spokane Valley Invoice (Continued) 46602 Jan04 8315 9692 C395674 608304 2003 -413 36168 04013999804 4013999205 122603 12/12/03 Nov03 PRT -C -00615 PO # Description /Account STAMPS & NAME PLATES RENT; JAN '04 OFFICE SUPPLIES OFFICE SUPPLIES VEHICLE FUEL LEGAL SERVICES CONSULTING FEES Total : Total : Total : Total : Total : Total : Total : NETWORK SERVER MAINTENA Total : COPY EQUIPMENT RENTAL COPY EQUIPMENT RENTAL Total : EXPENSE REIMBURSEMENT Total : WATER UTILITY CHARGES Total : JAIL CONTRACT SERVICES COUNTY PHONE BOOK Total : Page: 3 Amount 473.97 193.01 193.01 20,746.93 20,746.93 4.31 89.05 93.36 241.52 241.52 1,823.17 1,823.17 1,665.25 1,665.25 1,783.65 1,783.65 410.78 245.39 656.17 530.00 530.00 25.52 25.52 13,656.06 4.99 13,661.05 Page: 3 vchlist 12/26/2003 3:57:51 PM Bank code : Voucher 4028 4029 4030 4031 4032 4033 apbank Date Vendor 12/26/2003 000311 12/26/2003 000211 12/26/2003 000177 12/26/2003 000167 12/26/2003 000038 12/26/2003 000021 35 Vouchers for bank code : 35 Vouchers in this report SPRINT PCS STATE TREASURER U.S. POSTAL SERVICE VERA WATER & POWER 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 APPROVED: MAYOR Voucher List Spokane Valley Invoice 11/15-12/14 04renewal 122403 Dec03 WASTE MANAGEMENT OF SPOKANE 1141767 -2681 WITHERSPOON, KELLEY, DAVENPORT iz 54184 apbank COUNCILMEM:BER PO # Description /Account CELL PHONE CHARGES Total : WORK PERMIT RENEWAL FEE Total : POSTAGE Total : ELECTRIC UTILITY CHARGES Total : WASTE DISPOSAL SERVICE Total : PROFESSIONAL LEGAL SERVI Total : Bank total : Total vouchers : Page: 4 Page: 4 Amount 61.35 61.35 9.00 9.00 500.00 500.00 56.67 119.04 262.70 262.70 7,220.90 7,220.90 131,298.58 131, 298.58 vchlist 12/31/2003 12: 29: 53 P M Bank code : Voucher 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 apbank Date Vendor 12/31/2003 000394 12/31/2003 000210 12/31/2003 000109 12/31/2003 000044 12/31 /2003 000152 12/31/2003 000259 12/31/2003 000275 12/31/2003 000033 12/31/2003 000132 12/31/2003 000274 12/31/2003 000019 12/31/2003 000230 AM LANDSHAPER, INC. Voucher List Spokane Valley Invoice CITY OF SPOKANE VALLEY, PAYROLL A pavrol 12/31 COFFEE SYSTEMS INC DELL MARKETING DEPARTMENT OF TRANSPORTATION ATB31209074 ATB31209075 HUMANIX 135180 KERSTEN, NEIL 123003 MCPC 4480396 30174 MODERN ELECTRIC WATER COMPANY Dec03 NICHOLLS ENGINEERING PURRFECT LOGOS, INC. SPOKANE CNTY AUDITORS OFC, RECO 410103 PO # Description /Account 1 LAND EXCAVATION 52,975.87 52,975.87 TRANSFER CASH FOR PAYROL 2,359.77 Total : 2,359.77 17712 COFFEE SERVICE 113.90 113.90 578190671 30167 NOTEBOOK COMPUTER 1,639.82 1,639.82 STATE ROAD MAINTENANCE 1,804.79 STATE ROUTE ROADWAY MAIN 3,671.20 Total : 5,475.99 TEMP LABOR 118.44 118.44 MILEAGE 298.75 298.75 OFFICE SUPPLIES 104.81 104.81 ELECTRIC POWER UTILITY 75.25 Total : 75.25 818 ENGINEERING CONSULTING 560.00 Total : 560.00 9843 MAGNETIC CITY LOGO DECAL 43.24 Total : 43.24 COUNTY RECORDING FEES 66.00 Total : 66.00 Total : Total : Total : Total : Total : Total : Page: 1 Amount Page: 1 vchlist 12/31/2003 12:29:53PM Bank code : apbenk Voucher List Page: 2 Spokane Valley Voucher Date Vendor Invoice PO # • Description /Account Amount 4046 12/31/2003 000323 SPOKANE COUNTY UTILITIES 112803 SEWER UTILITY CHARGES 35.00 12 /03Harrnpt STORMWATER MANAGEMENT 236,997.00 12/10/03 STORMWATER MGMT 59,666.28 Total : 296,698.28 4047 12/31/2003 000063 TAYLOR, STEVE 122703 EXPENSE REIMBURSEMENT 20.00 Total : 20.00 4048 12/31/2003 000096 THIEL, DICK 122603 EXPENSE REIMBURSEMENT 44.79 Total : 44.79 4049 12/31/2003 000167 VERA WATER & POWER Dec03 ELECTIC POWER UTILITY 54.67 Total : 54.67 4050 12/31/2003 000061 WILHITE, DIANA 123003 EXPENSE REIMBURSEMENT 825.98 Total : 825.98 17 Vouchers for bank code : apbank Bank total : 361,475.56 17 Vouchers in this report Total vouchers : 361,475.56 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. the 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 2 o �f Meeting Date: 1 -13 -04 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ admin. report OPTIONS: ❑ information AGENDA ITEM TITLE : Payroll for Period Ending December 31, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 12 -31 -03 Salary: $ 96,723.42 Benefits: $ 45,937.30 $142,660.72 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action ❑ new business El public hearing ❑ pending legislation 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 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: Draft MOU re STEP Agreement GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approval of the FY2004 Budget, Street Capital Projects Fund, Road Paveback (Septic Tank Elimination Program) in the amount of $1,010,000. BACKGROUND: This Memorandum of Understanding outlines the responsibilities and requirements between the City of Spokane Valley and Spokane County for the 2004 Sewer Construction Program. Reviewed by Council at the December 23, 2003 meeting. OPTIONS: RECOMMENDED ACTION OR MOTION: Approve the Memorandum of Understanding between the City of Spokane Valley and Spokane County Pavement Replacement Cost Sharing for the 2004 Sewer Construction Program in the amount of $1,010,000. BUDGET /FINANCIAL IMPACTS: Funds are budgeted in the FY2004 Street Capital Projects Fund. STAFF CONTACT: Neil Kersten ATTACHMENT: Memorandum of Understanding between the City of Spokane Valley and Spokane Count Memorandum of Understanding Between the City of Spokane Valley and Spokane County Pavement Replacement Cost Sharing for the 2004 Sewer Construction Program WHEREAS the City of Spokane Valley (the CITY) and Spokane County (the COUNTY) plan to enter into an Interlocal Agreement to facilitate the continued design and construction of the COUNTY's Sewer Program within the CITY's corporate limits; and WHEREAS the CITY desires that the roads impacted by the construction of sewers in the 2004 Sewer Construction Program be reconstructed to the full preconstruction width, or widened, for an improved roadway surface; and WHEREAS the CITY also desires that pavement replacement work be extended in some areas beyond the limits of sewer construction; and WHEREAS the cost of such full width, additional width, and additional length of road reconstruction is not funded by the COUNTY's Sewer Program, and said cost will need to be paid by the CITY; and WHEREAS the 2004 Sewer Construction Program includes the Carnahan, Sipple, Veradale, and Weatherwood /Owens Sewer Projects, as identified in the COUNTY's adopted Six -Year Sewer Capital Improvement Program 2004 -2009. NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows: 1. The CITY's cost and the COUNTY's cost on each of the projects shall be determined using the actual contract prices that result from the competitive bid for each project. The CITY's maximum cost for all projects shall not exceed $1,010,000 without written authorization by the CITY. The COUNTY shall not proceed with any work that would increase the CITY's cost to an amount greater than the total amount authorized. A list of the estimated CITY costs by project is shown in Table 1. The CITY and the COUNTY recognize that this estimated total cost is for planning purposes, and that the actual amount will be based upon final quantities and actual contract prices. 2. Prior to the bid of each project, the COUNTY shall provide the CITY with a set of project plans, indicating the extent of pavement removal and replacement to be paid for by the COUNTY as a part of the sewer project. The CITY shall review the plans and provide the COUNTY with a tabulation of the locations within the project boundary where the CITY would like additional pavement removal and replacement, as well as any locations where the CITY would like existing roadways to be widened. 3. If the CITY subsequently elects to make additions to the scope of the project, the CITY shall request such additional work in writing. -A corresponding adjustment shall then be made to the CITY's share of the cost based upon the resulting increase in pay quantities and the associated contract bid prices. For work items requested by the CITY that are not covered by the contract bid prices, the COUNTY shall prepare a o change order for the CITY's review and acceptance prior to work items being constructed. 4. During the construction of the four Sewer Projects in 2004, the COUNTY will provide monthly invoices to the CITY for the CITY'S portion of the cost of completed roadway replacement. Upon receipt of the invoices, the CITY shall provide payment to the COUNTY within 30 calendar days. SPOKANE COUNTY: By: Date: County Utilities Director CITY OF SPOKANE VALLEY: By: Date: David Mercier, City Manager Estimated Project Cost TABLE 1 Carnahan Sipple Verdale Phase II Including: Burns Road Weatherwood /Owens Misc. Projects TOTAL $110,000 $141,000 $284,000 $31,000 $394,000 $50,000 $1,010,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business 111 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: An Ordinance Establishing Towing Regulations For the City of Spokane Valley GOVERNING LEGISLATION: RCW 46.55 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed towing - related issues with the Council on several occasions over the past three months, particularly in relation to implementing Ordinance No. 67, the Junk Vehicle Ordinance. BACKGROUND: The City Police Department advised staff that the City should adopt a towing ordinance that provides local authority to perform police impounds of vehicles. Additionally, the City adopted a junk vehicle ordinance that takes a fairly aggressive stance on removal of junk vehicles. Given these two towing issues, staff has been working with the City Police, the Washington State Patrol, and nearly all of the tow businesses in Spokane Valley to come up with a comprehensive towing approach that addresses as many needs as possible. The tentative plan, subject to Council approval is adoption of the attached draft Towing Ordinance. It primarily provides authority for the City to contract with tow operators for police impounds. One of the requirements (Section 10(A)(3)) for getting on the police tow list is that the tow operator agrees to sign a contract to perform junk vehicles tows. Staff met with the SV tow operators, and a representative of Spaldings Auto, to discuss how to implement the towing ordinance that also covers the need to pick up junk vehicles. After adoption of the towing ordinance, staff would draft a model contract for each tow operator to sign requiring them to pick up junk vehicles at no charge to the City in exchange for getting on the police tow list. Further, staff would draft a contract between the City and Spaldings that Spaldings would accept all vehicles to be towed under the junk vehicle ordinance, and that they would do this at no charge to the City or the owners of the vehicles. This was a major goal for staff, arriving at a process that the vehicles would be removed and taken by a vehicle hulker at no charge to the City. The SV tow operators are very pleased with this approach. A copy of the draft ordinance has been sent to one of the operators for further distribution among the group for last comment, which will be reported to the Council on January 13. Other issues: (1) The "tow zone" can be limited to our city limits. I have come full circle on this issue, and now would assert that given the City must designate some kind of tow zone, and that the primary consideration should be convenience for our citizens in the event their vehicle is towed, the city is within its authority to designate the city limits as the zone. My original concern was that this may raise equal protection constitutional arguments. However, the draft ordinance would not preclude other businesses from locating in SV and availing themselves of the benefits of the Ordinance. (2) Concomitant with adoption of the towing ordinance, staff recommends that the Master Fee Schedule be amended by resolution (at same time as it is amended for the Street Vacation Ordinance) to include a Tow Operator Registration fee of $100.00 per year. This amount reflects what staff believes to be an accurate estimate for cost recovery to administer the tow program for each tow operator on a yearly basis. The City of Spokane charges $350 per year. In talking to City of Spokane staff members, they were unable to provide substantiation for the level of their administrative (licensing for them) fee. I also talked to Trooper Osmonovich of the WSP, who handles the tow issues for our WSP district, and he was not aware of any other jurisdiction that charges near what Spokane does. Everett charges $100 per year. (3) I recommend having a one or two year contract with Spaldings to provide this service. We are likely to discover that this is a service that other businesses would like to provide, and we may want to open it up to competitive bid. (4) If the Council gives approval of the plan outlined herein, staff can begin drafting the necessary contracts for the tow operators and for Spaldings. OPTIONS: Not adopt a towing ordinance and continue with police tows being split between city and non -city tow operators. This approach would likely require the City to develop and adopt a towing plan for junk vehicles that would require the City to pay for their removal and disposition. RECOMMENDED ACTION OR MOTION: Move that the Council place the Draft Towing Ordinance on for second reading at the next regularly scheduled Council session. I further move that staff be instructed to proceed with drafting the contracts for the tow operators and Spaldings, and then present them for review as soon as possible. BUDGET/FINANCIAL IMPACTS: There are not anticipated to be any financial impacts associated with the recommended option, other than staff time related to contract management with the tow operators, which is expected to be recovered through a $100 yearly registration fee. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Draft Towing Ordinance Proposed towing ordinance draft — C. Driskell January 13, 2004 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING TOWING REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 46.55.240 provides statutory authority for cities to adopt tow ordinances; and WHEREAS, the City of Spokane Valley desires to adopt a tow ordinance to provide a set of minimum safety guidelines by which tow operators must comply while operating in the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Intent. The City of Spokane Valley (hereafter referred to as "the City ") declares that the provisions of this Ordinance shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this Ordinance is that all persons engaging in a towing business or occupation within the corporate limits of the City as hereinafter defined shall be subject to the provisions of this Ordinance Section 2. Definitions. A. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: 1. "impound" means the taking of a vehicle into legal custody, pursuant to law. 2. "registered tow operator" means a towing service having a valid and current registration filed with the City authorizing the furnishing of towing services. 3. 'operate a towing business or towing service within the corporate limits of the City," means to physically initiate the towing of a vehicle or vehicles within the City. It does not include towing vehicles into the City from outside the City nor traveling through the City with a vehicle in tow. 4. "police" means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. 5. "police department" means the Police Department of the City. S:lcbainbridge\Ordinances\tow ordinance draft for 1- 13- 04.doc Page 1 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 6. "police impound" means the vehicle has been impounded at the direction of a police officer of the City 7. "private impound" means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. 8. "public impound" means the vehicle has been impounded by a public official (or designee thereof) having jurisdiction over the public property upon which the vehicle is located. 9. "tow truck" means any vehicle designed or intended to tow vehicles, which are disabled by mechanical failure or physical damage or being impounded pursuant to law. 10. "towing business" or "towing service" includes any person, partnership, joint venture, corporation or other business which owns and /or operates one or more tow trucks and is located within the corporate limits of the City and who engages in the impounding, transporting or storage of unauthorized vehicles or the disposal of abandoned vehicles. Section 3. Tow Operator Registration Required. It is a misdemeanor, punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to provide towing services within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new registration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the State of Washington. Section 4. Application for Tow Operator Registration. Application for a tow operator registration must be made in writing on an application form furnished by the City, and must be filed with the City Clerk. The application shall include complete information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in charge of the business plus any additional information reasonably required by the City clerk and/or Chief of Police. The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol. The City Clerk shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance. The City Clerk may call upon the Police Chief to conduct an investigation to obtain pertinent information relating to the tow operator registration. All equipment to be used in the towing business shall be available for inspection by the City of Spokane Valley Police Department during reasonable business hours. Section 5. Proof of Insurance. A certificate of insurance must be filed with the City Clerk at the time the application is filed. Insurance coverage shall be in the minimum limits of SAcbainbridgc \Ordinances\tow ordinance draft for 1- 13- 04.doc Page 2 of 11 Proposed towing ordinance draft — C. Driskcll January 13, 2004 one hundred thousand dollars combined single limits for bodily injury and property damage liability per occurrence. For vehicles in the custody of the operator, the insurance coverage shall provide minimum limits of fifty thousand dollars from the time a vehicle comes into custody of an operator until it is redeemed or sold. The certificate of insurance shall indicate the operator's extent of coverage; limits and the expiration date of said policy. Such insurance as is required in this Ordinance shall be maintained in full force and effect for the full period to be covered by the tow business registration applied for. Applicant shall submit a certificate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days' written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the insurance automatically cancels the operator's registration. Section 6. Registration Suspension and Revocation. A. A tow operator registration will be suspended or revoked if the tow operator does any of the following: 1. Operates or permits the operation of a tow truck by an driver not having a valid commercial driver's license (CDL), or by a driver whose CDL has been suspended or revoked; 2. Fails to maintain in full force and affect the insurance required in this Ordinance; 3. Fails to comply with the requirements of this Ordinance; 4. Authorizes any person to drive a tow truck that is not equipped as required by this ordinance or state law, as currently enacted or hereafter amended; 5. Falsifies any information on the application, or information required to be kept or submitted to the City by this Ordinance; 6. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; 7. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation; 8. Engaged in unfair methods of competition andlor unfair or deceptive acts or practices in the operation of a tow business. Section 7. Suspension. Revocation - Hearings and Appeals. A. "Suspension" of a registration means that the registered tow operator's privilege to operate his/her towing business is barred for a specific period of time within the City. A suspended registration may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. S:lcbainbridge\Ordinances\tow ordinance drag for 1- 13- 04.doc Page 3 of 11 Proposed lowing ordinance draft — C. Driskell January 13, 2004 B. "Revocation" of a registration means that the registration has been canceled. A registered tow operator whose registration has been revoked cannot have his/her registration reinstated, but must comply with all conditions of revocation including reapplying for a new registration. C. When the City Clerk obtains information from which he/she believes a violation of this Ordinance has occurred, the City Clerk shall provide the registered tow operator with a notice of proposed suspension/revocation which shall provide notification to the registered tow operator that a hearing will be held on whether to revoke or suspend the registration at a time or date determined by the City Hearing Examiner. The notice of proposed suspension /revocation will be sent to the registered tow operator at the address listed on the registered tow operator's application. It is the registered tow operator's duty to keep the address information on the application current at all times. In the event the registered tow operator fails to attend the hearing, the registration will automatically be revoked /suspended. Any revocation /suspension will not be effective until the City clerk makes a determination following the hearing. D. The City Hearing Examiner will conduct the hearing pursuant to the provisions of Spokane Valley Ordinance No. 57 as currently adopted or hereafter amended. The Hearing Examiner shall determine if the tow operator's registration should be suspended or revoked, and determine the conditions of reinstatement, if any on a suspension. E. Notwithstanding subsections C and D of this section, a registration suspension /revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the City Clerk determines that any of the following has occurred: 1. the operator has failed to maintain in full force and effect the insurance required in this Ordinance; 2. the operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 3. if such registration certificate from the Washington State Department of Licensing is suspended or revoked; 4. the registrar has operated or permitted the operation of a tow truck by an unlicensed driver or by a driver whose license has been suspended or revoked. F. Upon revocation/suspension of any registration issued pursuant to this Ordinance, or the denial of any registration regulated by this Ordinance, an appeal may be filed in Spokane County Superior Court pursuant to Spokane Valley Ordinance No. 57. It is unlawful for any person whose registration has been revoked or suspended to keep the registration issued to him /her in his/her possession or under his control, and the same shall immediately be surrendered to the City Clerk. When revoked, the registration shall be canceled, and when suspended, the City Clerk shall retain the same during the period of suspension. S:lcbainbridgelOrdinances\tow ordinance draft for 1- 13- 04.doc Page 4 of 11 Proposed towing ordinance draft — C. i)riskell January 13, 2004 Section 8. Compliance with Laws, Rules and Regulations. All . registered tow operators shall operate their towing business and conduct their operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all Registered Business Owners/licensees shall comply with RCW Chapter 46.55, WAC Chapter 308 -61, and WAC Chapter 204 -91 A, as currently adopted or hereafter amended. Section 9. Secure Storage Facility. All registered tow operators shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is transacted. All towing businesses shall maintain a secure storage facility approved by the Washington State Patrol for the purpose of securely storing towed vehicles. The place of business and the storage facility may be in separate locations. However, the storage facility must be located within the city limits of Spokane Valley to ensure convenience to City residents in the retrieval of impounded vehicles. The place of business and storage facility shall comply with all applicable state laws and regulations. All vehicles impounded within the City shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal. placed. Section 10. Registered Tow Operators Authorized for Police Impounds. A. The Police Department is authorized to establish and maintain a list of registered tow operators who are qualified for police impounds. Registered tow operators who meet all of the following criteria shall qualify for police impounds and be put on the police tow list: 1. meet all other requirements for registration under this Ordinance; 2. possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. sign a contract with the City that the tow operator agrees to perform junk vehicle tows pursuant to Spokane Valley Ordinance No. 67; 4. pay the annual registration fee. This fee shall he set by resolution of the City Council. The registration shall expire on :December 31st of the year for which the license was issued and there shall be no prorating of the license fee. The registration fee is a cost recovery mechanism for contract administration; and 5. have a storage facility within the City at which all property from police impounds is The police tow list shall be reviewed at least annually to determine if each registered tow operator listed thereon still possesses a current letter of appointment. Registered tow operators qualified for police impounds shall be rated class A registered tow operators. S:lcbainbridgc \Ordinanecsltow ordinance draft for 1- 13- 04,doc Page 5 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 B. Class A List. ice, 1. The list of qualified class A registered towing businesses shall be used in connection with the impounding or removal of disabled or abandoned vehicles or vehicles which may be impounded under provisions of law by order of the police. 2. When a person makes a request to the Police Department or police dispatcher for towing services when the vehicle is not subject to impound, the request shall be treated as a non - preference matter and the request shall be referred to a qualified class A registered tow operator in the same manner as if the police were requesting the towing service pursuant to an impound. C. All referrals under subsection B of this section shall be distributed on a rotation basis among qualified class A registered tow operators who have notified the police department in writing of their willingness to accept such referrals. D. Except in regard to impounds, nothing in this Ordinance shall be construed to preclude any person from requesting the services of a registered towing business of their choice, unless in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. B. Class A registered tow operators shall observe the following practices and procedures when engaged in police impounds: 1. When called by the police department, the tow truck operator will dispatch a tow truck from within the City within five minutes and be moving in the City within ten minutes during normal business hours; 2. Tow trucks dispatched at the request of the patrol after normal business hours will be on the move within the City within twenty minutes after receiving the call; 3. The tow truck that is dispatched will arrive at the. stated location within a reasonable time considering distance, traffic and weather conditions; 4. if for any reason a tow operator is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow; 5. A tow operator on rotation who is unable to dispatch or arrive within the times stated in subsections 1, 2, 3 and 4 of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A Registered Business Owner /licensee to respond to calls from the police department for towing services may result in the removal from the list of qualified class A registered tow operators; S:\cbainbridgelOrdinancesltow ordinance draft for 1- 13- 04.doc Page 6 of 11 l'raposed towing ordinance draft — C. Driskell January 13, 2004 7. The tow operator shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls. The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, 13 or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable; 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident, incident or equipment breakdown on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise. incapacitated. 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver /owner, or his agent. 11. The tow operator shall be available, or will ensure that specific employees are available, twenty -four hours a day for the purpose of receiving calls or arranging for the release of vehicles. Business hours will be posted conspicuously at the operator's place of business so they can be seen during business hours and non - business hours. 12. The operator shall post a current copy of tow and storage rates in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location, exposed to the elements, it shall be protected so as to remain legible. b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all tines by customers of the business. S:1cbainbridge \Ordinanc sUow ordinance draft for 1- 13- 04.doc I'age 7 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department ten days before the effective date of the change(s). d. .ln the event that an operator has only a class 13 truck and utilizes it for class A and B type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows. Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator's discretion, to tow a class B truck size vehicle. The fees charged shall be those for a class B, not a class C. 13. Charges made for towing services arising from calls initiated by the police department shall be consistent with charges made for similar services performed at the request of the general public. 14. Unless other arrangements are made with commissioned police personnel at the scene, all impounded vehicles shall be taken to the tow operator's nearest approved storage location within the City. 15. The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include, but is not to be limited to: a. An itemized receipt of all charges for the services provided; b. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator; c. All other records required by the police department. Such records will be available for inspection by the police department during normal business hours at the operator's place of business. 16. The tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46.55.080(2). 17. Tow operators shall perform towing tasks competently according to a reasonable standard of care within the towing industry. 18. No tow operator, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his /her care or storage. S:kbainbridgel0rdinancesltow ordinance draft for 1- 13- 04.doc Page 8 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 19. Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles andlor recoveries. Such lighting shall not be used when traveling to or from the scene. 20. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris. 21. Specific operating restrictions andlor requirements, by truck class, arc as follows: a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When an operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre - accident or incident settings. b. Class B trucks in excess of twenty -three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. c. Class D and E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the chief of police. d. Class E trucks shall: i. When used for multiple vehicle towing /recovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used m a towing mode. 22. Whenever a special event or overflow storage lot is approved by the police department the operator shall maintain personnel at the lot twenty -four hours per day for security and vehicle and /or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten -day rate change notice requirement approved by the police department. At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the operator's regular storage facility and processed in the normal S:kbainbridgelOrdinances\tow ordinance draft for 1- 13- 01.doc Page 9 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility. 23. All work performed by the operator and /or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. F. Records kept on City of Spokane Valley police impounds, including all services rendered at the request of the City of Spokane Valley police, shall be available for inspection by the police department during normal business hours. Section 11. Drivers. All drivers must be a least eighteen years of age, possess a valid Washington operator's license with the proper class of commercial driver's license where required, and be able to demonstrate that he /she is covered by the insurance policy of the towing business specified in Section 5 of this Ordinance. Section 12. Soliciting Business. It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of solicitation of business, without having been called to the location of an accident, disabled vehicle, or impound by the owner or operator of the vehicle, his authorized agent or the police. Section 13. Fees Charged by Tow Operator. The schedule of maximum fees shall conform to, and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee schedule, or charging for services not actually rendered, may result in suspension from the list of class A registered tow operators authorized for police impounds. Private impound fees are set by the registered business operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines. Section 14. No Vested Right to do Police Impounds. Nothing in this chapter shall proscribe the City from contracting with one or more tow operators for tow services requested by the police and /or providing such towing services with City personnel and equipment. It is the intent of this chapter to establish certain requirements for tow business and those registered tow operators authorized to do police impounds, but not to vest any specific rights to do police impounds or other police - requested towing services. Section 15. Violation - Penalty. A. Injunctive Action. Any violation of the provisions of this Ordinance constitutes a public nuisance, which the City can abate through the provisions of Spokane Valley Ordinance No. 83. S:\ebainbridge\Ordinamersltow ordinance draft for 1- 13- 04.doc Page 10 of 11 Proposed towing ordinance draft — C. Driskell January 13, 2004 B. Suspension/Revocation. Any violation of the provisions of this Ordinance may be grounds for suspension or revocation of a tow operator's registration with the City, pursuant to Section 7 of this Ordinance. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. ATTEST: Passed this day of January, 2004. Christine Bainbridge , City Clerk APPROVED AS TO FORM: 0 Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor S:IcbainbridgclOrdinances\tow ordinance draft for I- 13- 04.doc Page 11 of 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ information ❑ old business ❑ new business ❑ public hearing ❑ admin. report 02 pending legislation AGENDA ITEM TITLE: First Reading — Street Vacation Ordinance GOVERNING LEGISLATION: RCW 35A.47.020 (Streets -- Acquisition, standards of design, use, vacation and abandonment -- Funds) and RCW 35.79 (Streets - Vacation) PREVIOUS COUNCIL ACTION TAKEN: At the City Council's December 23, 2003 regular meeting, the Council directed staff to prepare an ordinance for first reading at its January 13, 2004 regular meeting. BACKGROUND: RCW 35A.47.020 and RCW 35.79 provide the statutory standards and regulations for local jurisdictions' processing and consideration of proposals to vacate public ownership of streets and alleys to private ownership. Beginning in summer 2003, the City Council discussed with staff the statutory requirements for the processing of street vacation requests, and the alternative policy approaches the City Council could enact. Key issues discussed by the City Council included whether or not to charge compensation for vacated streets or alleys, different methods for charging compensation, and the role and responsibilities of the City Council and the Planning Commission in the review and consideration of vacation req uests. OPTIONS: 1) Conduct the first reading of the Street Vacation Ordinance as submitted and advance the ordinance to second reading on January 20, 2004. 2) Conduct the first reading of the Street Vacation Ordinance and advance to the ordinance to second reading on January 20, 2004 with any modifications identified by the City Council during its deliberation. 3) Table consideration of the Street Vacation Ordinance and direct staff to conduct additional research or make additional amendments and bring the ordinance back for future Council consideration at a future regularly scheduled meeting. 4) Conduct the first reading of the Street Vacation Ordinance and do not advance the ordinance to a second reading on January 20, 2004. "RECOMMENDED ACTION OR MOTION: Conduct the first reading of the Street Vacation Ordinance as submitted and advance to a second reading on January 20, 2004. BUDGET /FINANCIAL IMPACTS: Direct and indirect administrative costs will be incurred in the processing of street vacation requests through 1) the involvement of staff from Community Development, Public Works, Legal and Finance; 2) the City's conduct of required public noticing; 3) the Planning Commission's conduct of the required public hearing; 4) the City Council's review of the Planning Commission's recommendation and possible ordinance development and consideration; 5) the City's participation in title transfer activities for approved street or alley vacations. The City Council passed Resolution 03 -053 on November 25, 2003, adopting the City's current Master Fee Schedule (effective January 1, 2004). The current Master Fee Schedule specifies a $300.00 application fee for street vacations that does not adequately address the City's direct and indirect costs for the processing of street vacation requests. Staff will propose an amendment to the current Master Fee Schedule to increase this fee to $1,300.00. This amendment will be presented at the Council's second reading of the ordinance, if applicable. STAFF CONTACT: Cary Driskell, Deputy City Attorney / Kevin Snyder, AICP, Current Planning Manager Spokane Q � Memorandum To: Dave Mercier, City Manager City Council Re: FIRST READING — STREET VACATION ORDINANCE Proposed Ordinance Summary: Background: 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org dIMIR1011, 41111•1131111•1111116 From: Cary Driskell, Deputy City Attorney and Kevin Snyder, AICP, Current Planning Manager CC: Nina Regor, Deputy City Manager; Stan Schwartz, Interim City Attorney; Marina Sukup, AICP, Community Development Director; Neil Kersten, Public Works Director Date: January 2, 2004 At the City Council's January 13, 2004 regular meeting, the Council will conduct the first reading of an ordinance pertaining to the vacation of streets and alleys. The primary purposes of this ordinance are to: 1) implement policies for the processing and consideration of street vacation requests; 2) address conformity to applicable statutory requirements of the Revised Codes of Washington, specifically RCW 35A.47.020 (Streets -- Acquisition, standards of design, use, vacation and abandonment -- Funds) and RCW 35.79 (Streets- Vacation); and 3) provide a level of certainty to customers, the City Council, Planning Commission and staff on the procedures for street vacations. RCW 35.79 (Streets- Vacations) contains specific regulations pertaining to street vacation procedures. The City Council reviewed these procedures and discussed different policy considerations pertaining to street vacations with staff on July 15, 2003, September 9, 2003, December 2, 2003 and December 23, 2003. Copies of the applicable portion of the meeting minutes for each of these dates are attached for Council's use. During these discussions, staff asked for Council direction on several key policy issues including: 1) whether to require compensation for the vacation of a street or alley; 2) appropriate methods for determining compensation; and, 3) the roles and responsibilities of the Planning Commission and City Council Key Changes from Previous Draft Ordinance to Current Ordinance Presented for Council Consideration: During the City Council's December 23, 2003 consideration of street vacation policy issues, staff presented a draft ordinance to assist the Council. Subsequent to this meeting, staff has made several modifications to this draft ordinance. To assist the Council in understanding these changes, staff is providing a red -lined version of the previously reviewed draft ordinance that indicates staff's recommended changes. In addition, staff is providing a "clean" version of the red -lined ordinance for use by the City Council during the first reading. In summary, staff has made the following key modifications: 1. Modified the submittal requirements in Section 5A. The previous version required a proponent to engage the services of a professional surveyor early in the process before the City Council had determined to approve a street vacation request. Staff is aware that the costs of a professional surveyor to prepare a record of survey and legal description are substantial (e.g. $1,000 to $2,000) and recommend that these costs only be incurred if the Council determines to approve a street vacation. A record of survey and required legal description prepared by a professional surveyor would be required prior to any title transfer. 2. Modified the public hearing notice requirements in Section 8. These modifications are intended to further clarify the type and extent of noticing efforts for the required public hearing. 3. Inserted references to the Planning Commission in Section 10. Previously this section referred to the City Council or a committee of the Council. Pursuant to the Council's direction at the December 2, 2003 meeting, staff has clearly identified the Planning Commission's role in the public hearing portion of the street vacation process. In addition, staff has also identified for the benefit of the Commission, proponent and staff, the criteria by which the Commission is to evaluate street vacation requests. 4. Struck Section 13 (Compensation for Vacation), Section 14 (Alternative Compensation), Section 15 (Appraisals) and Section 26 (Payment of Compensation for Conveyance). These sections were struck pursuant to the City Council's direction to be less prescriptive and to provide flexibility within the ordinance for the Council to determine whether or not to charge compensation. A paragraph has been added to Section 11 (City Council Decision) to provide this flexibility. In those instances where the City Council determined to require compensation, such compensation would occur in conformance with RCW 35.79.030. At the time of the Council's consideration of whether to charge compensation, staff would recommend appropriate procedures for determining the value of the land. 5. Added Section 14 (Compliance to Conditions of Approval), Section 15 (Record of Survey Required) and Section 16 (Costs of Title Transfer to be Borne by Proponent). Section 14 is proposed to ensure that the proponent is aware of the need to comply with all conditions of City Council approval prior to any transfer of title. Section 15 specifies the requirements for a record of survey in order to implement the title transfer of the land, and requires this survey subsequent to City Council approval. Section 16 notifies the proponent of his or her financial responsibility to pay for any and all direct and indirect costs associated with the transfer of title of the street or alley to be vacated from City ownership to private ownership. Recommended Change in Street Vacation Fee: Resolution 03 -053 passed by the City Council on November 25, 2003 adopted the City of Spokane Valley Master Fee Schedule (effective January 1, 2004). This Schedule specifies a current Street Vacation application fee of $300.00. Staff anticipates that direct and indirect administrative costs will be incurred in the processing of street vacation requests that will exceed the recovery potential of the current application fee through 1) the involvement of staff from Community Development, Public Works, Legal and Finance; 2) the City's conduct of required public noticing; 3) the Planning Commission's conduct of the required public hearing; 4) the City Council's review of the Planning Commission's recommendation and possible ordinance development and consideration; and, 5) the City's participation in title transfer activities for approved street or alley vacations. '� i At the conclusion of the Council's discussion of street vacation issues on December 23, 2003, the Council directed staff to come back to the City Council with a recommended application fee that would provide reasonable cost recovery. As Council is aware, staff is planning to conduct a detailed cost recovery analysis in 2004 that will substantiate current fees and /or identify possible fee modifications. Therefore, staff has developed its recommendation based on a review of application fees for comparable public hearing related applications and also based on the cumulative costs (direct and indirect) for multiple staff persons' involvement in the processing of street vacation applications. Staff recommend a modified street vacation application fee of $1,300. This fee is comparable to other public hearing related application fees including $1,500 for a rezone request, $1,500 for a comprehensive plan amendment, and $1,500 for a variance request. The proposed $1,300 fee will address cost recovery for direct costs such as required public noticing using different mediums (i.e. newspaper, mailings and site posting) and staff time for multiple City departments in the processing of the request before the Planning Commission and City Council. The proposed fee would offset indirect costs such as the production of meeting minutes for both the Planning Commission and City Council, and legal review of title transfer documents. Staff notes, however, that the proposed Street Vacation application fee does not provide for full cost recovery. For example, staff estimate that an "average" or reasonably non - complex request could require approximately 40 hours of total staff time between the different departments involved. If a basic staff hourly rate of $50 is used, this equates to $2,000 in staff time alone. Staff believe that the proposed application $1,300 fee is an appropriate level of cost recovery, and that this fee should be evaluated at the time of the detailed cost recovery analysis of all City application fees. If acceptable to the City Council, staff proposes submitting an amendment to Resolution No. 03 -053 (2004 Master Fee Schedule) in conjunction with a second reading of the Street Vacation Ordinance. Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: "Clean" Version of Street Vacation Ordinance Redlined Version of Street Vacation Ordinance Excerpts of City Council Meeting Minutes from December 23, 2003 (DRAFT), December 2, 2003, September 9, 2003 and July 15, 2003 Pertaining to Street Vacations RCW 35A.47.020 Chapter 35.79 (RCW) 3 ATTACHMENT A CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04- 002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING REGULATIONS FOR THE VACATION OF STREET RIGHTS-OF- WAY. WHEREAS, RCW 35A.47.020 provides statutory authority for cities to vacate public rights -of -way; WHEREAS, RCW 35.79 provides a general procedural framework for cities to vacate public rights-of-way; and WHEREAS, the City would like to have an ordinance that provides specific guidance to its citizens on the procedural requirements for vacating public rights-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the provisions this Ordinance shall be controlling. SECTION 2 — Initiation of Vacation. The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. SECTION 3 — Petition for Vacation. The petition shall be in a form prescribed by the Community Development Director (hereinafter referred to as "the Director" or his or her designee) and shall be signed by the owners of more than two- thirds of the property abutting the portion of the street or alley sought to be vacated,. The petition shall also discuss the criteria set forth in Section 11 of this Ordinance. The sufficiency of the petition shall be governed by RCW 35A.01.040. SECTION 4 — Petition fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the 1 city to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. The amount of the petition fees shall be set by Resolution, and the set amount shall be stated in the City of Spokane Valley Master Fee Schedule. SECTION 5 — Submittal Requirements for Petitions. Every petition shall be accompanied by: (1) an Assessor's Map from the Spokane County Assessor's Office showing with a solid red line the portion of the street or alley sought to be vacated, (2) a vicinity map showing, the general area of the proposed vacation, (3) a copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties and streets and alleys within 100 feet on all sides of the proposed vacation; (4) written evidence of any and all easements or allowances or reservations, public or private, pertaining to the street or alley proposed for vacation; and (5) a written narrative describing the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. SECTION 6 — Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the City Clerk shall forward the petition and required documents to the Director, who shall determine whether the petition has been signed by the owners of more than two- thirds of the property abutting the part of the street or alley to be vacated. if the petition has been signed by the requisite percentage of such owners, the Director shall bring the petition before the City Council within 30 days of receipt of the petition, and the City Council shall by resolution fix the time when the petition will be heard by the City Council, or a committee of the City Council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the City Council or a committee of the City Council. SECTION 7 — Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Works Department shall be responsible for conducting a needs analysis of the street or alley proposed for vacation in consideration of existing and future transportation system needs and requirements. The report shall address the criteria (see Section 11) to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Director including but not limited to drainage requirements, street closure requirements such as the removal and replacement of concrete, asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Department, the Fire Department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the Planning Commission and to the petitioner and his or her representative, not less than seven (7) calendar days before the hearing. 2 SECTION 8 — Notice of Blearing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by (1.) posting of a written notice in three (3) conspicuous places in the City; (2) publishing written notice once in the City's official newspaper, (2) posting a minimum twenty -four (24) inch by thirty -six (36) inch notice sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public heairng; and (3) mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed ninety (90) calendar days from the date of the public hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. SECTION 9 — Protest. If fifty (50) percent or more of the abutting property owners file written objections to a City Council - initiated vacation with the City Clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. SECTION 10 — Planning Commission Review and T(.ecom.mendation. The hearing on the petition or proposal shall be held before the Planning Commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideratoin of the proposed vacation of the street or alley, the Planning Commission shall render a recommendation based on the criteria specified in Section 11.A -E. Following the hearing, the Director shall forward the Planning Commission's recommendation and the hearing minutes to the City Council at a regularly scheduled meeting. If a hearing is held before the Planning Commission, it shall not be necessary to hold a hearing before the City Council, provided that the City Council may at its discretion determine to hold a separate hearing on the proposal. SECTION 11 — City Council Decision. Following the hearing and receipt of the Planning Commission's recommendation the City Council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria: public; A. Whether a change of use or vacation of the street or alley will better serve the B. Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. If the City Council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the City Council deers necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. Pursuant to RCW 35.79.040, the City Council in approving a street vacation request shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one -half to each unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. The City Council reserves the right to require compensation as a condition of approval of ordinance action, provided that such compensation shall comply with the requirements of RC W 35.79.030, and further, that any required compensation shall be paid to the City prior to the City's participaiton in required title transfer actions. SECTION 12 — Vacation of Waterfront Streets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses; 2. The City Council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: beach or water access, launching sites, park, public view, recreation, or education; or 3. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated. B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the City Council shall: 1. Cause an inventory to be compiled of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated; 4 2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: launching sites, beach or water access, park, public view recreation, or education; 3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (B)(2) of this section, and that the vacation is in the public's interest. C. Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of Section 8 of this Ordinance, provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director indicating the objection. SECTION 13 — Application of Zoning District Designation. The zoning district designation of the properties adjoining each side of the street or alley to be vacated shall. be automatically extended to the center of such vacation and all area shall included in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. SECTION 14 - Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. SECTION 15 — Compliance to City Council Conditions. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. SECTION 16 — Record of Survey Required. hollowing the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the Director. Said record of survey shall contain the professional stamp and signature of the registered surveyor, shall contain signature lines for the City of Spokane Valley Conununity Development Director, City of Spokane Valley Public Works Director or designee, and the proponent indicating acceptance of the vacated street or alley. Said record of survey shall also specifying location, dimensions and area of all parcels of land abutting and within one hundred (100) feet on all sides of the vacated street or alley. 5 SECTION 17 — Costs of Title Transfer to be Borne by Proponent. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees are to be borne by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. SECTION 18 — Severability. if any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof' be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 19 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of January, 2004. City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskell Date of publication: Effective date: Mayor, Michael DeVleming -6 ATTACHMENT B CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. 04 AN ORDINANCE. OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING REGULATIONS FOR THE VACATION OF STREET RIGHTS -OF- WAY. WHEREAS, RCW 35A.47.020 provides statutory authority for cities to vacate public rights -of -way; WHEREAS, RCW 35.79 provides a general procedural framework for cities to vacate public rights -of -way; and WHEREAS, the City would like to have an ordinance that provides specific guidance to its citizens on the procedural requirements for vacating public rights -of -way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DOES ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the provisions this Ordinance shall be controlling. SECTION 2 — Initiation of Vacation. The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council. In the alternative, the City Council may itself initiate a vacation by resolution. The petition or resolution shall be filed with the City Clerk. SECTION 3 — Petition for Vacation. The petition shall be in a form prescribed by the Community Development Director (hereinafter referred to as "the Director" or his or her designee) and shall he signed by the owners of More than two-thirds of the property abutting the portion of the street or alley sought to be vacated, The petition shall also discuss the criteria set forth in Section 11 of this Ordinance. The sufficiency of the petition shall be governed by RCW 35A.01.040. SECTION 4 — Petition fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the _ r � Deleted: and shall contain n name. address and tetephone number of a teptcscntativc for the petitionces Deleted: cpd work 5lestordinancts/stroot vaeotiodstrect vacationordimncc draft two t I-- 225 -O3' city to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. The amount of the petition fees shall be set by Resolution, and the set amount shall be stated in the City of Spokane Valley Master Fee Schedule. SECTION 5 — k Stihmittat Requirements for Petitions. ,very petition shall be accompanied by: Willi Assessor's Map from the Spokane County_ ,At eshQr's Office showing with a solid red line the portion of the street or alt ey_ ough tg be vacated, (2) a vicinity map showing the general arca of the proposed vacation, (3) j r _ copy of the record of survey. if available, for the subject street and alley proposed for vacation and abtittiii}properties and strce1e and alleys within 100 feet d all sides of the proposed vacation: (41 written evidence of any and all easements or allowances or reservations. )ublic or private. pertaining to the street or alley proposed for vacation: and _written narrative describille the reasons for the proposed street vacation, the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. c SECTION 6 — Setting of Rearing. Upon receipt of the petition, the fee and all required documents, the City Clerk shall forward the petition and required documents to the Director, who shall determine whether the petition has been signed by the owners of more than two- thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the Director shall bring the petition before the City Council within 30 days of receipt of the petition, and the City Council shall by resolution fix the time when the petition will be heard by the City Council, or a committee of the City Council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the City Council or a committee of the City Council. SECTION 7 — Staff Report. The Director, in conjunction with the Public Works Department shall prepare a report concerning the proposed vacation. The Public Works Department shall be responsible for conducting n needs analysis of the street or alley proposed for vacation in consideration o.f existing and future transportation system needs and re iuirements. The report shall address the criteria (see Section 11) to be considered by the City Council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the Director including but not limited to drainage re uirements. street closure rec uirements such as the removal and re lacement of concrete. asp alt. and Dlacemeot 2f adz ers�imiting vehicle movements. In preparing the report, the Director shall solicit comments from the Police Depaiulent, the Fire Department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the trimis 'run and to the ,petitioner and his or her repLes°n#atiy-e, not less than; even f7i calendar days before the hearing. ; 2- Deleted: Survey, vicinity map, plat map and legal description Deleted:. A. Deleted: a survey Deleted: a plat ,wp pr xuvd and scaled by a professional land surveyor, registered in tide since of Washington, indicating the spccirrc pun:ets abutting the proposed sued of alley to be vacated, Deleted: d Deleted: an exact legal description of the portion of toad to be vacuted p cursed and sealed by o professional load 5ern•eyor, registered in the mete of Wushutgum Deleted: 11 . B. Flag ine which indicates the boundaries of the street or alley stall be installed when the survey is conduced :1 r Deleted: City Council, or the City Council ronunittett hearing the nutter Deleted: representative of the petitioners Deleted: five Deleted: cod wort files/ordinances/street vacation/street vacation ordinance draft two 1 125 - 031 SECTION 8 — Notice of i•]earing. Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk, or the Director, acting under direction and supervision of the City Clerk, shall give not less than 20 days' notice of the time, place and purpose of the hearing by (1) posting of a written notice in three (3) conspicuous places in the City: (2) publishing written notice once in the City's official newspaper, (2) posting a minimum twenty -four (24) inch by thirtv -six (36) inch notice_ _ ign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location__of the. public heairtci;; . - and (3) mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County Assessor, not to exceed ninety (90) calendar days from the date of the public, hearing. The Director shall send the same written notice to the representative of the petitioners at the address on the petition. SECTION 9 — Protest. If f f SO ercent or more of the - buttin pr e o v1� ers file written objections to a City Council - initiated vacation with the City Clerk, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. public; A. Whether a change of use or vacation of the street or alley will better serve the 13, Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and - 3 - SECTION 10 — ,Tanning Commission Review and Recommendation. The hearing on the petition or proposal shall be held before Ole Planning Comrnissigrkupon the day fixed, ' - by resolution or at the time to which a hearing may be adjourned. In its consideratoon of the proposed vaeatign of the street or alley, the Planning Commission shall render a recommendation based on the. criteria specified in Section 11.A -E. Following the hearing, the Director shall forward the tannin T Commission's recommendation_and_the hearing minutes to the City Council at a regularly scheduled ineetint;, - If a hearing is held, before , he ng Commission, it shall not be necessary to hold a hearing before the City Council, provid that the City Council may at its discretion, determine to hold a separate hearing on the proposal, SECTION 11 — City Council Decision. Following the hearing and receipt of the 1 ,Planning Commission' ecolrmendation City Council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria: ( Deleted: placard -{ Deleted: , Deleted: The placards shall be highly visible and nt least 11 by 14 inches in size, and shall include n ,nap shaming the location nr the street or alley 'Imposed to be vacated. Deleted: 50 Deleted: owners of the abutting propeTt3 Deleted: Hearing, and Committee Retort Deleted: , Deleted: committee Deleted: . Deleted: committee report Deleted: Mealy Council, or a committee of the Ciry Council Deleted: a caanmittee Deleted: , if applicable, Deleted: shall report its recommendation on tlx petition or proposal to the Ciry Council, which may adopt or reject the recommendation 1 Deleted: cpd work files ocdinastcealstrcct vocation +weer vocation ordinance dmR two 1 I- 25 -031 E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. I f the City Council determines to grant the vacation, the action shall be made by. ° - - { Formatted: Indent: First line: 0.5 J ordinance with such conditions or limitations as the City Council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. Pursuant to j ' 35.79.040. the Ciry Council in approving a street vaca itemre quest shall _, specify that the vacated ortion of the street or alley shall belone t the ahittin r,r�perl; _ owners, Qne -half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to he vacated.. - ;The City Qouneil reserves the right to require compensation as a condition of approval of ordinance action, provided that such compensation shall comply with the requirements of RC W 35.79.030. and further. that any required cmm n � esation shall b paid to the City prior to the Citv's partic.ipaiton in required rit:le transfer actions. SECTION 12 — Vacation of Waterfront Streets. A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1. The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites, park, public view, recreation, educational purposes, or other public uses; 2. The City Council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: beach or water access, launching sites, park, public view, recreation, or education; or 3. The vacation is sought to enable the. Ciry to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts, had the properties included in the plan not been vacated. 8. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the City Council shall: 1. Cause an inventory to be compiled of all rights -of -way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated; 4- Formatted: Font: (Default) 'limes New Rosman Formatted: Font: (Default) limes New Roman Formatted: Font: (Default) Times New Roman Deleted: egtd wi ,k f ites/ordinunceslsuret vscotioidsuect vacation ucdvra,><e draft two 11.25.0 3y 2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the city for any of the following purposes: launching sites, beach or water access, park, public view recreation, or education; 3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (13)(2) of this section, and that the vacation is in the public's interest. C. Notice of the public hearing on the proposed vacation shall be provided in accordance with the notice provisions of Section 8 of this Ordinance, provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated, which notice shall indicate that the area is a public access, that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the Director indicating the objection. "'cation of Zonin4' .District Desiunatioit. The zoim distriet 1 designation of the properties adjoining each side of the street or alley to be vacated shall t t be automatically extended to the center of such vacation, and all area included in the, t r vacation shall then and henceforth be subject to all regulations of the extended districts, The adopting ordinance shall soecifv this zoning district extension inclusive of the applicable zoning district designations. • ,SECTION J.4 - Recording of ordinance. A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the City Clerk in the office of the Spokane County Auditor. SECTION 13 — SECTION 15 — Compliance to Conditions of Approval. All conditions of City ` Cou cil authorization shall be fully satisfied prior t all transfer of title by the City SECTION 16 — Record of :Survey Required. -ollowin , the City Couneil`c the ordinance approving the proposal to vacate >e scree[ or alley a record of su vev ' r prepared by a _ registered sur vt�r in the State of Washington and including an exact • construction. repair and maintenance of existing. and future utilities and services, shall be submitted by the proponent to the- Director, Said record of survey shall contain the ',', professional stamp signature of the registered surveyor, shall contain Signature. lines for the Ciry of Spokane Valley Community Development Director, City of Spokane Valley Public Rforks_airector or designee, and the proponent indicating acceptance of the vacated street or alley. Said record of survey shall also specifying location. dimensions and area of all parcels of land abutting_and within one hundresi (lam feet on all sides of the vacated street or alicv. 5 • Deleted: 'J Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt • Formatted: Font: 12 01, Bold Formatted: Font: 12 pt Deleted: si?Ci'ION 13 - Compensalion for vacation. Where u vacation for n street or alley has been initiated by petition. the owners of the properly abutting the area to be vacated shall pay to the eity, prier to the passage of the otditss vacating the area. the fltll cost of any physical closures nnttfor road repairs required by the Direct= and eJ OPTION ONE —THE COUNCIL COULD CHOOSE TO NOT REQUIRE ANY PAYMENT ON.INY VAC ATIONN FOR THE VALUE OF THE PROPERTY OVER AND ABOVE THE COST OF PLACING PH1'S1CAL. CLOSURES AND ROAD REPARLS.'J 4 OPTION TWO-771E COUNCIL, COULD CHARGE TIHEST.ITUTORY AMOUNTS, WHiCH.IRE (1) O,\E- HAL F OF THE FAIR MA RJCF,T VALUE OF THE AREA TO RE VACATED; OR (2) IF THE AREA WAS ACQUIRED AT PUBLIC EXI'EASE OR HAS BEEN PART OF A DEDICATED PUBLIC RIGHT-OF- WAY FOR 25 YE4RS OR MORE, THE FULL FAiR MARKET VALUE OF THE AREA TO BE VACATED.') Y QPTION THREE. — TiM COUNCIL COULD CHARGE THE HILL MARKET VALUE IF THE AREA A CQUIRED AT PUBLIC EaFT•t% BUT CHARGE: EITHER NOTIIINu OR SOME PERCENTAGE BETWEEN 0- 50 %OF THE VALUE IF DEDICATED LESS THAN 23 YEARS, AND BETWEEN 0 — 100% iF DEDICATED MORE THAN 25 YEARS.y (Ed. Note - The previous discussion by stun wtth the Council was about the passibility of vetting a dollar threshold, under which a person would not( •„ (I) t. Deleted: 11 Formatted: Font: Not Bold, No underline Formatted: Forst: Not Bold Formatted: Font: Not Bold t _ Formatted: Font: Not Bold d Formatted: Font: Not Bold Deleted: ep d work fileslorclireatresrstreet vacatioorstreet vacation ordinanoc draft two l I - - 03'4 l 1 SECTION 17 — Costs of Title Transfer to be Borne by Proponent. All direct and indirect costs,of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges. convint lees. and recording fees arc to be borne by the proponent. The City will not assume a financial responsibility for anv direct or indirect costs for the transfer of title. SECTION is — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION) 9 — Effective date. This ordinance shall be in full force and effect five (5) _ - t Deleted: 19 days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the Ciry Council this day of,lanuatkl. City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskcll Date of publication: Effective date.: Mayor, Michael DeVleming , Formatted: Font: t2 pt, Bold • Formatted: Pont: 12 pt, Bold { Formatted: Font: 12 pt, Bold Formatted: Font: Bold Deleted: lb Deleted: December Deleted: 2003 J Deleted: cp:1 work til:sloniinnnxystreet vacationostrect vacatioat ordircvcoc draft two 11-25-031 Page 5: [1] Deleted City of Spokane Valley 12/31/2003 10:20 AM SECTION 13 - Compensation for vacation. Where a vacation for a street or alley has been initiated by petition, the owners of the property abutting the area to be vacated shall pay to the city, prior to the passage of the ordinance vacating the area, the full cost of any physical closures and /or road repairs required by the Director and OPTION ONE — THE COUNCIL COULD CHOOSE TO NOT R_EQUIRE ANY PAYMENT ON ANY VA CATIONN FOR THE VALUE OF THE PROPERTY OVER AND ABOVE THE COST OF PLACING PHYSICAL CLOSURES AND ROAD REPARIS. OPTION TWO — THE COUNCIL COULD CHARGE THE STATUTORY AMOUNTS, WHICH ARE (1) ONE -HALF OF THE FAIR MARKET VALUE OF THE AREA TO BE VA CATED; OR (2) IF TIIE AREA WAS ACQUIRED AT PUBLIC EXPENSE OR HAS BEEN PART OF A DEDICATED PUBLIC RICHT -OF -WAY FOR 25 YEARS OR MORE, THE FULL FAIR MARKET VALUE OF THE AREA TO BE VACATED. OPTION THREE — THE COUNCIL COULD CHARGE THE FULL FAIR MA.R KET VALUE IF THE AREA WAS ACQUIRED AT PUBLIC EXPENSE, BUT CHARGE EITHER NOTHING OR SOME .PERCENTAGE BETWEEN 0 - 50% OF THE VALUE IF DEDICATED LESS THAN 25 YEARS, AlW) BETWEEN 0 — 100% IF DEDICATED MORE THAN 25 YEARS. (Ed. Note - The previous discussion by staff with the Council was about the possibility of setting a dollar threshold, under which a person would not be charged for the property, and over which they would. I am concerned this creates equal protection issues that may not be favorably resolved for us, and MRSC agrees. As such, the Council should choose from one of the three above options.) SECTION 14 - Alternative compensation. Conveyance of other real property acceptable to the City may be made in partial satisfaction of or in lieu of the required compensation for the vacation of a street or alley, whether the conveyance is required to mitigate adverse impacts of the vacation or otherwise. SECTION 15 — Appraisals. A. The Director shall determine the fair market value of the arca to be vacated based upon an appraisal from a state - certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. To obtain such appraisal, the Director shall present to the petitioners a list of three such certified and designated appraisers from which the petitioners shall select one appraiser. The petitioner shall pay all costs associated with the appraisal. B. If the Director is not satisfied with the appraisal submitted by the petitioners under subsection A of this section, the Director may order a second appraisal from a state - certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The City shall pay for this second appraisal. The Director shall use the appraisal having the highest value for the area vacated. C. In the event the petitioner proposes to exchange other real property for full or partial consideration of payment to the City, the Director shall determine the fair market value of the real property proposed to be granted or dedicated to the city under Section 14 of this Ordinance, in accordance with the appraisal procedures set forth in this Section. SECTION 16 - Payment of compensation for conveyance. A. After the fair market value of the property to be vacated has been determined in accordance with Section 15 of this Ordinance. the Director shall notify the representative of the petitioners of the amount of compensation required for the area to be vacated. The required payment shall be delivered to the Director who, upon receipt of the payment, shall transmit it to the City Director of Finance. B. At least one -half of the received compensation shall be dedicated to the acquisition, improvement, development and related maintenance of public open space and /or transportation capital projects within the City; provided, that all compensation for the vacation of streets and alleys which abut a body of water shall be deposited in a fund designated for the sole purpose of acquiring additional beach or water access, additional public view sites to a body of water, or additional launching sites. Any compensation received by the city which is not dedicated to public open space or transportation capital projects or to the acquisition of additional water access, view sites or launching sites, shall be deposited into the street fund. The City Finance Director shall make a written report of the payment to the City Council. C. If the petitioners have been authorized to deliver an instrument granting or dedicating to the City property in addition to or in lieu of a cash payment pursuant to Section 14 of' this Ordinance, the Director may, at the petitioner's expense, obtain a policy of title insurance insuring title of the conveyed property in the city. Upon the Director' receipt of such policy, the Director shall transmit the policy to the city council. ATTACHMENT C DRAFT 10. Drift MOU re STEP Agreement. Public Works Director Kersten explained that Council approved $1,010,000 for the STEP program, and this Memorandum of Understanding outlines the responsibilities and requirements between the City of Spokane Valley and Spokane County for the 2004 Sewer Construction Program. Councilmember Munson requested that staff continue the effort not to cut off traffic from major east/west or north /south corridors for significant lengths of time. The MOU will be placed on the next council agenda for council consideration. 11. Proposed Street Vacation Ordinance Discussion. Deputy City Attorney Driskell explained his December 18, 2003 memo addressing the questions of whether to require payment for the value of the property, and what amount to set for an administrative fee. Attorney Driskell said Spokane County's vacation fee is $300.00. Attorney Driskell said one of the previous questions addressed was whether to charge anything for the value of the property; that there is nothing mandating we charge for the value of the property, but staff suggests if that is an option Council chooses, we might want to charge a fee which would reflect a reasonable amount of cost recovery. Councilmember Munson asked in reference to paragraph 213, if staff is aware and has examined that case law, and also that the Assessor's Office states that the actual valuation of the land is not relevant, only the total value of land and improvements are relevant. Discussion continued regarding land value versus property value; option 1 administrative fee, special exceptions where the right -of -way has been acquired at public expense, large vacations, and simple vacations. Council agreed to have staff move forward on establishing an appropriate administrative fee with Council or the planning commission retaining the option of approval. City Manager Mercier said staff will come back to council with a recommended administrative fee that staff feels would reflect recovery of costs. 12. Library Report. Deputy City Manager Regor explained her December 23, 2003 memo and accompanying draft agreement. Ms. Regor said that the Library Board met December 16, 2003, and offered some alternatives to their original version approved December 3, 2003. Two variations were approved December 16. One option is based on a taxable valuation formula whereby the property tax valuation would be multiplied by the library district rate of .500, minus 5% uncollectible amount and that resulting amount would be the amount the City of Spokane Valley would pay in 2004 for library services. Ms. Regor stated that the property tax valuation continues to fluctuation, and the 5% uncollectible amount is an estimate and the actual amount will not be known until the end of the year. Under this option, Capital Facilities Planning would be included to be paid for by the District. The second option the Hoard approved was a payment based upon Valley usage. Costs were allocated to the Valley based upon the Valley use of each library branch. Councilmember Munson said he would like to see if our share of use is proportional to our share of the budget. Councilmember Taylor said he would like the contract based on cost and not on amount of revenue collected. Ms. Regor said she will confirm if the library card can be used district -wide or only in one district. City Manager Mercier added that staff will be looking at what other professional service contracts are part of the 2004 budget so that we can balance whether we are paying the full cost of the professional service contract for capital facilities charge but participating on a percentage basis on all of the other professional services contracts. It was determined staff will focus on option #2 and no longer attempt negotiations with option #1. 13. Legislative Issues Discussion. City Manager Mercier mentioned that he and Jim Justin, Association of Washington Cities lead lobbyist, discussed the council question regarding community empowerment zones, and Mr. Justin verified that as a matter of statute, only six zones are currently allowed creation in the State of Washington, and all of those zones need be established by January 1, 2004; if we want another zone related it would require legislative activity; that: Mr. Justin was not: certain of the process required if we were simply looking to enlarge a zone in our area; that CTED, the governing arm of that particular program, will be discussing Council Minutes 12 -23.03 Page 4 of 5 Date Approved by Council; 4. Proposed Resolution 03 -054 Providing for an lnterfund Loan from City's Street Fund to City's General Fund. After City Clerk Bainbridge read the Resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve Resolution 03 -054. City Manager Mercier stated that the general fund needs to borrow cash during the current year to pay the start -up costs associated with a new city and the State Auditor requires a Resolution to provide for an lnterfund Loan from the Street Fund to the General Fund. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area. City Manager Mercier stated that the Board of County Commissioners recently received an invitation petition to establish a Tourism Promotion Area and they have scheduled a public hearing on the matter for December 16, 2003; and that by statute, such an area cannot include property within an incorporated city unless that City has entered into an Interlocal Agreement with the County of jurisdiction. Mr. Mercier added that in terms of process, staff recommends Council wait until after the public hearing for consideration of the agreement. After City Attorney Schwartz went over the highlights of the agreement, discussion ensued regarding responsibility of proper funding, disestablishment, oversight by the Board of County Commissioners, possible inclusion of other cities such as Liberty Lake and /or Airway Heights, and zone assessments. It was council consensus to consider the agreement further at a future council meeting. 6. Office of Professional Standards Presentation. Police Chief Cal Walker and Lt. Greg Conner gave an informational presentation concerning the existing procedures used for handling citizen complaints and comments, and for conducting internal investigations. Lt. Conner explained that prior to 1996, there was no formal process to handle such issues and that his job is to scrutinize his department's employees. Lt. Conner said that he prefers if Council receives a complaint concerning police practices, that such correspondence be forwarded directly to him or Chief Walker. 7. Ownership Occupancy Options for Police Precinct. City Manager Mercier explained that staff has been working for months to analyze factors associated with allocation of space and operational expenses and options related to the City of Spokane Valley police force's occupancy in the County's Valley Precinct Station on East Sprague Avenue. Mr. Mercier then briefed Council on the City's proposal for acquiring 49% ownership, the County's counterproposal for selling 56% of ownership, the County's November 18 letter describing a leasing option, and the costs associated with those options. After discussion of option preferences, it was council preference that staff move toward our proposal with a lease option in order to try to have the most favorable financial and operational option. 8. Street Vacation Ordinance Discussion. Deputy City Attorney Driskell and Current Planning Manager Snyder gave a PowerPoint presentation and discussion of the options for processing street vacation requests. The three options presented included: (1) not charging for any vacation request; (2) charging the statutory amounts — up to 50% if held Tess than 25 years and no public funds were used to purchase, or 100% if the opposite were true; and (3) a modification of option 2 whereby council would set a percentage up to 50% for those properties held less than 25 years or not purchased with public funds. Attorney Driskell said that in terms of cost recovery, option 2 would be best; and Mr. Snyder added that the best vehicle for cost recovery of actual staff time would be the fee schedule. Mr. Snyder said over a year's time, staff receives approximately six requests for street vacations. After further discussion of the options, Mr. Mercier suggested staff come back at a future meeting to present council with a composite view and a series of scenarios, adding that there could be instances where no charge should be assessed. Council Minutes 12 -02 -03 Page 3 of Date .Approved by Council: 12 -23 -03 selling vehicles but arc doing so at the direction and pursuant to an ordinance that the vehicle must be removed. Mayor DeVleming invited further public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried for first reading. 8. Resolution No. 03 -0345 Accepting Conveyance of Park Properties. 11 was moved by Mayor Devleming and seconded by Deputy Wilhite to approve Resolution 03 -045. Attorney Schwartz gave an overview of the resolution. Mayor DeVleming asked for public comment and none was given. Council voiced their appreciation for the work done regarding this issue. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Contract: Motion to Approve interlocal Agreement Between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs. It was moved by Councilmember Munson and seconded by Councilmember Denenny to approve the Interlocal Agreement as stated above. Mayor DeVleming invited public comment and none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. »-T rtieipatien -Pan. Removed from the agenda to be brought back later. PUBLIC COMMENTS: None were offered. 11. Conceptual Framework for a Unified Development Code, Community Development Director Sukup gave a brief presentation on a unified development code and discussed her accompanying timeline. Council directed staff to proceed. 12. Proposed Methodology for Street Vacation. Attorney Driskell discussed his September 2, 2003 memo regarding payment to City for street vacations and went over the policy choices: (1) whether to charge for the vacated properties; (2) whether to adopt an ordinance essentially re- stating RCW 35.79, and (3) whether to charge a vacation application processing fee. Attorney Driskell said staff recommends requiring payment consistent with the statute and not to adopt an ordinance. After brief discussion concerning the issue and the appraisal process, City Manager suggested one alternative might be to decide on cost recovery, and to grant staff discretion to come back to council to seek direction on cases that are out of the norm. Council concurred. 11 Status of Sullivan Road and 4 Avenue Signal Project. Public Works Director Neil Kersten explained that at a previous work session, Councilmember Schimmels asked about the funding of the Sullivan Road and 4 Avenue signal project. Director Kersten went over his September 2n memo on that subject; and said that the project is scheduled for construction next spring and he will keep council advised of the progress. Councilmember Dencnny asked about signage for schools when the school no longer exists, such as Keystone School on McDonald Road. Director Kersten said in those types of situations, he would ask the County to remove the school signs, and in the meantime, staff will check to determine the use of the building. 15. Status of Previous Public Comments /Concerns: a. Mr. and Mrs. Stiles: City Manager Mercier brought council attention to the September 3 memo from Mac McDonald in an attempt to remediate the concerns brought to council from Mr. and Mrs. Stiles; and that staff feel all reasonable accommodations to the situation have been taken. h. R.obert Lowe, Timberlane Road and Code Enforcement Issues: Community Development Director Marina Sukup said that staff researched to determine if this activity would qualify as a home profession or home industry, or perhaps a variance could be considered; that home industry is not permitted Council Minutes 09 -09 -03 Page 5 of 6 Date Approved by Council; 09 -23-03 Ormsby added that an Attorney General letter (relating to a different project) suggests that all projects needs to commence in order to qualify; but that we need to move as thoughtfully as we can and be prepared to have some site activity accomplished by the end of this year. Ormsby concluded by stating that the Public facilities District did not object to his statement that this agreement would not be ready until at least the end of this month. 4. Mirabeau Point Projects: Staff presented a project summary via PowerPoint (see attached). Deputy City Manager Regor explained that the focus of the presentation would be on the financial aspects of the project, concentrating on Center Place. Regor added that the architects did identify some areas that could be developed later, and that staff seeks council advice on which avenues and options to explore. Regor mentioned that a market study of the facility will be conducted pending further council direction. It was also mentioned that the costs of the current senior center will be split for further analysis. Discussion followed regarding the various possible uses of the buildings including use from the Community College, and use and charges of the great rooms in comparison with local businesses and similar entities. it was the consensus of council for staff to continue in their current direction, and that this matter will be brought back for further consideration at the next council meeting. 5. Franchise Ordinance Update: Mayor DeVleming mentioned that he works for a utility company that will eventually be before this council requesting a franchise, and wanted to announce that he will have that perspective as this topic is being addressed. Deputy City Attorney Driskell explained his July 9 memo, adding that there are two broad categories of franchises: long tern utility providers like electrical and water, and others with shorter terms like fiber providers. It was also mentioned that except for cable television, there is a policy of no franchise fee. It was council consensus not to pursue franchise fees. Discussion continued through #5 of Driskell's memo. It was decided to leave #5 as is, and to bring this issue back in two weeks and continue the discussion of Driskell's memo beginning with #6. Mayor DeVleming called for a recess at 7:55 p.m.; and reconvened the meeting at 8: 10 p.m. 6. Street Vacation Presentation: Deputy City Attorney Driskell discussed his July 7 memo of the steps for processing a petition to vacate a city street or alley. Driskell mentioned he will check the master fee schedule to determine if it contains fees for this process. It was also mentioned it would be good practice to check the state auditor's office to make sure there would be no issues with the area in question. City Manager Mercier suggested council consider the payment issue to determine what would be typical expectations in acquiring a right-of-way. 7. Proposed Memorandum of Understanding re Cable TV Advisory Board: Deputy City Attorney Driskell distributed a revised document just received late this afternoon. Driskell said the revisions include a section which more clearly states that none of the jurisdictions give up any rights and that the board is purely advisory; and if any entity desires an interlocal agreement later that can be accomplished; this also allows the three jurisdictions to move forward and allows the City of Spokane Valley to take part in the existing advisory board. Councilmember Munson added that the board provides a level of expertise similar to boundary review and that board would save the City several thousand dollars with the sharing of studies being conducted. It was also mentioned that if there is dissatisfaction for any reason, that entity has the option to no longer be a part of the board. Driskell added he expects we will be able to fill two positions, and that the current chair would be the third person as that person is a Valley resident. It was council consensus to bring the revised document to the July 22 " agenda for consideration of approval. 8. Proposed Water Safety Ordinance: In the interest of time, this item will be presented at the next council meeting as a report. 9. Proposed Contract with Microflex re Sales Tax Geo- coding: Finance and Administrative Services Director Thompson explained that this company is the State's leader to assist communities in use of geo- coding as a means to determine where the sales tax will be directed, and that staff continues to work to Study Session Minutes 7 -15-03 Page 2 of 3 Date Approved by Council: 07 -22 -03 ATTACHMENT D Chapter 35A,47.020 RCW - The Washington State Legislature . i �ulnp � )1111" !i ".'3 Legislature Home RCV1 l IZLES » TITLE 35A » CHAPTER 35A.4Z » SECTION 35A.47.020 35A.47.010 « 35A.47.020 » 35A.47.030 RCW 35A.47.020 Streets -- Acquisition, standards of design, use, vacation and abandonment -- Funds. The designation of code city streets as a part of the state highway system, the jurisdiction and control of such streets, the procedure for acquisition or abandonment of rights of way for city streets and state highways, and the sale or lease of state highway land or toll facility to a code city, the requirements for accounting and expenditure of street funds, and the authority for contracting for the construction, repair and maintenance of streets by the state or county shall be the same as is provided in RCW 36.75.090, chapters 47.08, 47.12, 4724 and 47.56 RCW, and the regulation of signs thereon as provided in chapter 47.42 RCW. Code cities shall be regulated in the acquisition, construction, maintenance, use and vacation of alleys, city streets, parkways, boulevards and sidewalks and in the design standards therefor as provided in chapters 35.68 through 35.79, 35.85, and 35.86 RCW and RCW 79.93.010 relating to dedication of tidelands and shorelands to public use and in the use of state shared funds as provided by general law. (1983 c 3 § 68; 19 ex.s. c 119 § 356.47.020 ] About Us E -Mail Lists Search Help Print Version Page 1 of 1 http: / /www.leg.wa.gov/ RCW / index. cfin? fuseaction= section§ion= 35A.47.020 12/31/2003 ATTACHMENT E RCW 35 . 79 CHAPTER Page 1 of 3 RCW SECTIONS Chapter 35.79 RCW STREETS -- VACATION 35.79.010 Petition by owners -- Fixing time for hearing. 35.79.020 Notice of hearing -- Objections prior to hearing. 35.79.030 Hearing -- Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure, 35.79.040 Title to vacated street or alley. 35.79.05Q Vested rights not affected. RCW 35.79.0 Petition by owners -- Fixing time for hearing. [1965 c 7 § 35.79.010. Prior: 1957 c 156 § 2; 1901 c 84 § 1 part; RRS § 9297, part.] [1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part; RRS § 9297, part.] The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. RCW 35.79.020 Notice of hearing -- Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two - thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. http: / /www.l eg. wa.gov /rcw /index. cfm ?fuseaction= chapter& chapter =3 5.79 &RequestTirne... 12/31/2003 .RCW 35 . 79 CHAPTER Page 2 of 3 RCW 35.79.030 Hearing -- Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. if the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. if such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. if the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, 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, shall 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 twenty -five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. 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. [2002 c 55 § 1; 2001 c 202 § I; 1987 c 228 § 1; 1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 § 1; 1967 c. 123 § 1; 1965 c 7 § 35.79.030; prior: 1957 c 156 § 4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: http://www.leg.‘va.g0 vire w/index.cfm?fuseaction=chapter&chapter=3 .79 &RequestTime... 12/31/2003 RCW 35 . 79 CHAPTER Page 3 of 3 (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and (d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest. (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 § 2.] RCW 35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each. [1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 92991 RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. [1965 c 7 § 35.79.05Q. Prior: 1901 c 84 § 4; RRS § 9300] http: / /www.leg.wa.gov /rcw /index. cfm? fuseaction=chapter&chapter= 35.79 &RequestTi me... 12/31/2003 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Fire District Annexation Ordinance GOVERNING LEGISLATION: RCW 52.04.161 PREVIOUS COUNCIL ACTION TAKEN: The Council previously annexed, on a temporary basis, to Fire Districts 1,8 and 9, first for 2003, then again for 2004 by Resolution 03 -049. RCW 52.04.161 states that the City will automatically be removed from the fire districts by operation of law unless the City requests that it be annexed on a more permanent basis to one or more fire districts. Staff has met with representatives of FD 1, FD 8 and FD 9 to discuss the various options. Staff has also conducted several in -depth discussions with the Council on the various fire protection options available to the City, most recently on December 23, 2003 by Nina Regor. BACKGROUND: Staff recently learned from FD 1 and 9 that the four parcels comprising FD 9's jurisdiction in Spokane Valley are in the process of being merged from FD 9 to FD 1. If successful (there is no indication it will not be) then the election would be for annexation to FD 1 and FD 8. As presented on December 23, the type and amount of work necessary to bring this matter to the ballot requires quick action by the Council. Staff asserts, supported by FD 1 and FD 8, that April 27 is the first realistic ballot date this matter could appear. Staff further asserts that we want to make sure we have the matter on the ballot for that election to be able to have a second attempt at passage if the April 27 effort is not successful. OPTIONS: Not annexing to the existing fire districts, which would result in the City either contracting for fire protection services, or forming our own fire department. RECOMMENDED ACTION OR MOTION: Move to place proposed Ordinance No. 04 -003 on the January 20, 2004 regular meeting for second reading. BUDGET /FINANCIAL IMPACTS: Previously outlined at length by Deputy City Manager Nina Regor on December 23, 2003. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative Analyst; Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed Ordinance No. 04 -003 Proposed fire district annexation ordinance — C. l)riskell January 13, 2004 — draft one CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04 -003 AN ORDINANCE OF THE, CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO TIIE QUALIFIED VOTERS OF THE CITY OF SPOKANE VALLEY FOR APPROVAL OR REJECTION OF ANNEXATION TO SPOKANE COUNTY FIRE DISTRICT 1 AND SPOKANE COUNTY FIRE DISTRICT 8 WHEREAS, pursuant to RCW 52.04.161, the City of Spokane Valley has received fire services in its first two years of incorporation from the existing fire districts within the City's corporate limits; WHEREAS, pursuant to RCW 52.04.161, the City of Spokane Valley shall be withdrawn from the existing fire districts unless a ballot proposition is adopted by the voters of Spokane Valley providing annexation into one or more existing fire districts; WHEREAS, Resolution 03 -016, adopted by the City Council February 11, 2003, directed the City Manager to contact the existing fire districts to investigate and report on future fire protection services, including long -term annexation to the districts; WHEREAS, the City Manager has conducted said investigation, and recommends annexing to Spokane County Fire Districts 1 and 8; WHEREAS, the public interest will be served by annexing to Spokane County Fire District 1 and Spokane County Fire District 8; WHEREAS, the City Council is desirous of being annexed by Spokane County Fire Districts 1 and 8; and WHEREAS, RCW 52.04.061 states that the legislative authority of a city seeking to annex to one or more fire districts may initiate said annexation by adoption of an ordinance stating the city's intent. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section I. Intent. It is the intent of the City Council of the City of Spokane Valley to submit for ballot proposition of the qualified electorate of the City of Spokane Valley the approval or rejection of the annexation of the City of Spokane Valley to Spokane County Fire District 1 and Spokane County Fire District 8 as the boundaries of those Districts are configured at the date of the election on this issue. S;\ cbainbridgelordinances\proposcd fire district annexation ordinance 1 -13 -04 draft I.doc Page 1 of 2 Proposed fire district annexation ordinance — C. Driskcll January 13, 2004 —draft one Section 2. Severability. If any section, subsection, sentence or clause of this Ordinance is for any reason held to be. invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. Section 3. Effective date. This 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. ATTEST: Passed on this day of January, 2004. Christine l3ainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor S:lcbainbridgc \Crdinanees \proposed fire district annexation ordinance 1 -13 -04 draft 1.doc Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Ell admin. report ❑ pending legislation AGENDA ITEM TITLE : ANIMAL CONTROL DISCUSSION GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: On April 22, and April 29, 2003, Council discussed animal control service and cost. BACKGROUND: On April 22, 2003, Council approved the interlocal agreement for animal control services. The purpose of this agenda item is to provide an update on 2003 services and a projection of 2004 costs. Attached is a comparison spreadsheet indicating the results in the countywide pet licensing campaign which took place through November 2003. Also attached are the updated time study percentage spreadsheets which indicate the percentage of total Spokane County animal control services that Spokane Valley used through November 2003. The total percentage is used to settle and adjust the contract at the end of the year. Any 2003 adjustment is expected to take place in March 2004. The final attachment is the projected cost of the animal control contract for 2004. RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: The estimated amount of the 2004 contract is $399,375. Spokane Valley has budgeted $369,000 for the animal control contract in 2004. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. SCRAPS licensing campaign results. 2. SCRAPS time study results. 3. SCRAPS 2004 contract cost. Spokane County Regional Animal Care & Protection Services Pet License Campaign Campaign esu Pet Licenses Sold: Response to date: Newspaper Ad 202 spokane.net 37 spokanecounty.org 10 Envelopes 128 Total 377 2002 2003 . • '• • . . ,• October: *New Renewals 1503/$15,028.00 2132/$20,397.00 +629 835/$10,179.00 1160/$10,649.50 +325 November: *New 9104 9,989.00 930/$ 9,278.00 + 20 Renewals 1367/$14,501.50 1831/$17,496.00 +464 .-;;;;,-.; • Attachment 1 • *Represents tags sold as new over shelter front counter and at vendors — a certain error of margin exists due to fags that should have been coded as renewals. Service Spokane Valley Our Weight Total Request for Service 44.08% 40% 17.63% Animal Impounds 52.62% 35% 18.42% Investigations 51.32% 15% 7.70% Emergency Calls 50.00% 7% 3.50% Trapping Program 53.80% 3% 1.61% Total 48.86% Spokane County Regional Animal Care and Protection Services Time Study - Percentages for the City of Spokane Valley January - December 2003 Department Expenses Department Revenues Cost of Animal Control Spokane County Regional Animal Care Protection Services S.C.R.A.P.S. 2521 N. Flora Rd. Spokane, WA 99216 Nancy Hill -- Director 509 477 -1967 Email: nhill @spokanecounty.org $1,229,374 $411,988 $817,386 X 48.86% = $399,375 Spokane County Regional Animal Care & Protection Services currently provides 48.86% (see attached time study) of its services within the boundaries of Spokane Valley. The cost to Spokane Valley is based on 2004 projected expenses offset by projected revenues. prepared December 4, 2003 dt Pet Licenses $330,988 Pet Adoptions $17,000 Animal Shelter Fees $50,000 Animal Sale $5,000 Violations $9,000 Total $411,988 Revenue Classifications Spokane County Regional Animal Care Protection Services S.C.R.A.P.S. Revenue Projections for 2004 Prepared November 20, 2003 Estimate prepared by dt Director Staff Assistant • Secretary Animal Control Officers -- 6 Animal Control Assistants -- 3.5 $88,050 $48,690 $47,179 $330,985 $126,681 Kennel Maintenance Officer $45,244 Kennel Maintenance Assistants -- 2 $68,418 Animal License Agent - 1 $41,848 Extra Help $12,656 Budgeted Overtime Costs $14,253 Total $824,004 Maintenance & Operations Preliminary for 2004 Supplies $66,671 Uniforms $4,000 Banking Services $650 Professional Services $15,000 Telephone /Answering Service & CeII $14,500 Postage $24,200 Advertising • $6,150 Training _ $0 Repair & Maintenance of Equipment $8,000 Dues & Membership Fees $179 Printing $7,200 Vehicle Expense $48,000 Insurance Expense $3,000 Utility Services $2,452 Parking Permit $144 Total $200,146 Cost Allocations Based on OMB A - $205,224 Salary & Wages includes ben Spokane County Regional Animal Care Protection Services S.C.R.A.P.S. Prepared October Budget for 2004 Prepared October 22, 2003 benefits Preliminary for 2004 Totals $1, 374 Revised Decernl ,_: 2003 prepared by dt Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Design Build Operate (DBO) Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: See attached Wastewater Treatment Facility Discussion Presentation. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action BEIVIEMENUM J Discussion: Desig n -Bu i Id- Operate Wastewater Treatment Facility DBO \ 4 ƒ • On p provides d construction and pe ra d o n • O peration contract 1 5 - 20 years i ca � � y • DB p selection based on evaluation of p rice / proposed details of approach roach a n qualification ( (technical and f DBO Advantages �� qq� --t vcYeiu � ��y. 4 rrw�:�l� � � PS� �.�ts �Zv + yy S,zA'` . _a - c a�,S - �t�.. � i�,a�c µ;�,� ,��rc'r n.,.; i•� �,f ��t`s,,l�,.y.a' ,�� '�'i'``„vx. 1,:•Y._ .!:to�i�. �. mac_ i�:r'- .. , '"e_N-i � S � :. � r�-, � }�. t } t'•... �'. °'� � !. .�'.'�'. T�.�1'? • Shorter project schedule • Cost savings • Risk transfer /performance guarantees • Synergy between designers, builders and operators • Single source responsibility • Avoids labor issues D60 Disadvantages i;.SS�cS' , :Y K .v, �,'{�� = w v *i , 'r: -� ti ti �"��� ' .��;a� +`�� SF ♦ r 33 ?,� `_�ya'�'. ��'.. �� ;?�`�.a c � c�.S".a• = :g �. �,. 19.��e. + .)�'`,.., ,. �.,� TcL;��a. F`�f5.'�.sH.C_.ctic -, - �,�. �41f7:d... Y- Aa_.;�_ +2,�f • Less Owner control and flexibility to make changes after contract is signed • Extensive front -end work required • Less municipal experience (Track Record) • New procurement and contracting procedures and documents DBO Process in Washington • Cost analysis to demonstrate cost effectiveness of D60 • Request Statements of Qualifications (5 received in response to County RFQ — evaluation on hold) • Determine qualified respondent list • Issue Request for Proposal • Evaluation of Proposals zb i y-: Z �., , ' �`hA �Y� ,f' S 1 r i�u iil' v✓``e.M'rt�'V Orr. ..4� DBO P rocess in Washington ( conti n ue • Proposal evaluation includes — Experience of proposed team — Financial resources, management ability — Nature of proposed design, reliability — Performance guarantees — Allocation of risks — Acceptance of Service Agreement Terms — Cost DBO Process in Washington (continued) • Bidders conference with qualified firms • Interviews with qualified firms • Receive best and final offers • Determine preferred respondent • Negotiate • Public hearing -is the agreement advantageous? • Commission and Ecology approval • Execute agreement and start project '' ",�' [ �' p't+ r',; :�h.5 � :'9 ,'�°�,'� Qi t. T ��.t4iT•41:� . ,� i.. 7i ��'" ��t, 3'�'�°� �+��s.�, "�:` s �.,� - ..��'� � :c ��:.ti. wY��sk.�;�`�n�'t: , -01. :� ��ro S.y �°� ;vr n ,•�� Responsibility Owner Company Financing X Site Acquisition X Permitting x X Performance Standards X Design X Construction X Risk Allocation n r� � dt . - .�'r:.'� � �'�ti �J�� 7�'r.za. �.., ��CL �- �.L'�fa�_'fl � . ... t�.bL9A...ut. -,Yh� ee�Ftt,c .w . ._ a`3 _ �. •� --�:. �b'v =.7�, a4>��� ��f Responsibility Owner Company Operations X Permit Compliance (no change in law) X Permit Compliance (change in law) X Uncontrollable Circumstances X _1 Risk Allocation (continued) Financial Guarantees ..,..C. - ?. � .-. ■ C.3 t , :4 . . • Construction Performance and Payment Bond in amount of design /build price • Letter of Credit - $6 million/ $3 million • Liability limit - $50 million • Operation and Maintenance Bond in Amount of Annual Service Fee Stockton D60 • Similarities: — Project Size — Consultant Team — Two Step Procurement Process — Qualification and Financial Requirements for DBO Firm —Risk Allocation Stockton DBO • Differences: — Project Displaced 100 City employees — Project included all Water, Wastewater. and Stormwater Utilities — DBO Firm to perform Customer Billing — Project involved Renovation and Addition to existing Facilities Other Issues s' ^9�.q�, �,i� �^,1 r Y' g$ .v aq` 3.�.�ia J'" �'12*``S�'::1-9t�' 3a -3 0;$� �d. �'�Y'.t .c: f 'y .ate 3 .��'t ti�, t5.v. cf.. -: � - Ti�. -.5,�� �c P t ..:� �Ati'��.��< ;#. 4s �:__ � S'. tf.:LG r-. q'�.. `�'s}�1���� ��i; Z:�_ o-.a. r�• • $73.4 million 1.5% interest loan from the Department of Ecology • Encouragement for local participation • Should result in lower rates • Timetable - 18 months from RFQ to signed agreement CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : GOVERNING LEGISLATION: RCW Chapter 35.101 PREVIOUS COUNCIL ACTION TAKEN: Discussion of legislation, action of BOCC and terms of proposed Interlocal Agreement. BACKGROUND: The BOCC terminated proceedings relating to the establishment of the Spokane County Tourism Promotion Area ( "TPA "). See attached BOCC Resolution. The proponents of the TPA desire to proceed with formation of the TPA. To establish a Spokane County TPA that includes the City of Spokane Valley, the consent of the City must be obtained through Interlocal Agreement. A revised Interlocal Agreement is being circulated for review and comment. Staff desires to discuss the TPA and terms of the proposed Interlocal Agreement. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: $ 0 STAFF CONTACT: City Manager NO. OF SPOKANE COUNTY, Page 1 of 2 BEFORE THE BOARD OF COUNTY CO1vTVi IISSIONERS IN THE MATTER OF AN ORDINANCE ESTABLISHING A TOURISM PROMOTION AREA HAVING BOUNDARIES COTERMINOUS WITH SPOKANE COUNTY AND OTHER MA"T"TERS RELATED THERETO WASHINGTON DECISION THIS MATTER, being consideration by the Board of County Commissioners ( "the Board ") of the adoption of an ordinance establishing a Tourism Promotion Area ( "TPA ") as advertised in Spokane County Resolution No. 03- 1108A; and the Board having held a public hearing as provided for in said Resolution on January 6, 2004 at 5:00 p.m. or as soon as possible thereafter in the Public Works Building, Commissioners Assembly Room, 1026 West Broadway, Spokane, Washington, 99206; and the Board not receiving any public testimony, but receiving a recommendation from statutory legal counsel, James P. Emacio, Chief Civil Deputy Prosecuting Attorney, that the Board should terminate the establishment of the TPA having boundaries coterminous with Spokane County for the following reasons: (1) The legislation authorizing the establishment of a TPA, codified in chapter 35.101 RCW, requires the Board to hold a public hearing on its intention to establish a TPA. Notice of a public hearing must be provided to all lodging businesses within the proposed TPA. The Board held a public hearing on Tuesday, December 16, 2003, to consider the adoption of a Resolution of Intention to establish a TPA. Although notice. of that public hearing was published as required by law, complete copies of the Resolution of Intention were not sent to all lodging businesses within the proposed TPA. Specifically, notice was not sent to lodging businesses defined in WAC 458 -20 -166 except for hotels and motels. This is a very material defect which may invalidate the notice of intention hearing. (2) The legislation authorizing the establishing of a TPA provides that the legislative authority establishing the TPA cannot include within the TPA boundaries of any portion of an incorporated city or town unless such city or town by Interlocal Agreement has authorized inclusion of its respective boundaries in the TPA. The City of Spokane has executed an Interlocal Agreement. However, the Interlocal Agreement executed by the City of Spokane is not the Interlocal Agreement approved by the Board. Additionally, the City of Spokane Valley has not yet executed the Interlocal Agreement as proposed by Spokane County. In order for the C> (3) ATTEST: VICKY M. DAYTON CLERK OF THE BOARD BY: Page 2 of 2 special assessments to be collected as of April 1, 2004, the Washington State of Department of Revenue has required that Spokane County provide it with copies of its TPA ordinance as well as copies of its Interlocal Agreements by January 15, 2004. It appears impractical, if not impossible to meet this time frame. The ordinance which was the subject of the above scheduled public hearing did not address a category of lodging businesses commonly referred to as trailer camps and recreational vehicle parks. The advertised ordinance, would, accordingly, have to be modified. The modification would require another public hearing by the Board after a ten (10) day notice. Such a public hearing could not take place prior to the date that the Department of Revenue required copies of documents for an April 1, 2004, implementation date; and NOW THEREFORE, the Board does hereby terminate the establishment of a TPA as set forth in Spokane County Resolution No. 03- 1108A. This decision is based upon the recommendation of the Spokane County Prosecuting Attorney's Office as set forth herein and above. DATED this 6th day of January, 2004. Daniela Erickson Deputy . JOHN ROSKELLEY BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON PPIILLIP D. HARRIS, Chair M. KATE MCCASLIN, Vice Chair CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information >. admin. report ❑ pending legislation AGENDA ITEM TITLE : PROPOSED I!NTERLOCAL AGREEMENT TO EXTEND SERVICES OF SPOKANE COUNTY LIBRARY DISTRICT (SCLD) GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: On October 21, November 12, November 25, December 16, and December 23, Council discussed library service options. BACKGROUND: See attached memo. RECOMMENDED ACTION OR MOTION: Provide feedback and direction on the latest draft interlocal agreement for 2004 library services, or move to approve the agreement BUDGET /FINANCIAL IMPACTS: The City has budgeted an estimated amount in 2004 for library services. The SCLD Board approved cost of $2,099,860 exceeds that amount by $47,000. Any reimbursement of Capital Facilities Plan (CFP) expenses would be in addition, capped at $10,000. Costs for the CFP would be approved in advance by both the City and the SCLD. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Library Service Agreement Background Information 2. Draft Interlocal Agreement 3. Option 2 Spreadsheet Siibwkane �Ua11ey Memorandum To: David Mercier, City Manager and Members of Council 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org From: Nina Regor, Deputy City Manager and Morgan Koudelka, Administrative Analyst Date: January 13, 2004 Re: Library Service Agreement Background Information At the December 16, 2003, City Council meeting, Council agreed in concept with the second option presented by the Spokane County Library District (SCLD), which is based on service level provided. At the December 23, 2003, City Council meeting, Council requested additional information for the second option. The purpose of this memo is to provide the requested information. The agreement is made up of three major components. Share of Branch Usage The majority of the agreement cost is based upon an estimate of Spokane Valley residents' use of the District's system. 2002 was used as the base year. In order to adjust 2002 actual costs to 2004 projected costs, SCLD applied the percentage increase between the 2002 budget and the 2004 budget and applied it to the 2002 actual costs attributed to Spokane Valley. The numbers utilized came from the total budgeted expenditures of the general fund. The increase approved by the SCLD Board was calculated to be 6.86 %. However, the District subsequently discovered that it had used an earlier 2002 budget figure. Using the final 2002 budget number, the percentage change is 6.21% or an average of 3.1% per year. The Council inquired how the two -year multiplier compared to the average annual increase. City and District staff are continuing to work on this issue and will provide a response at the meeting. Council also asked about costs associated with the Otis Orchards branch. Hours were reduced at the branch as a result of Liberty Lake's decision to operate its own library. The Branch was previously open 1 -6 on Fridays, but is now closed on that day. Two of the hours were shifted to Tuesday and Wednesday mornings, as the branch will now open at 10 a.m. instead of 11 a.m. In addition, the Public Services Supervisor position was cut from 40 hours to 32 hours. Finally, a portion of the Branch Supervisor hours were shifted to .information Services at the Valley branch. These reductions are reflected in the SCLD 2004 budget. Attachment 1 City of Spokane Valley Library Service Options, continued January 13, 2004 Page 2 of 3 Spokane Public Library Included in the proposed contract is a charge for use of the Spokane Public Library (SPL). There is a reciprocal agreement that exists between SCUD and SPL in which residents of SCLD may show proof of residency and obtain a library card at SPL and vice versa. This access is in addition to the access they receive to SCLD. No money is exchanged between SCLD and SPL. SCLD provides services under contract with Airway Heights. The Contract's cost uses the District's rate and the City's property valuation. The proposed agreement with Spokane Valley is based upon usage, not valuation, so a value for the benefit of being able to use SPL was separately estimated. At the December 23, 2003 Council meeting, a question was put forth regarding the use of zip codes to determine the number of Spokane Valley residents using the Spokane Public Library. SCLD requested zip code data from SPL in an effort to estimate Spokane Valley usage in an expeditious manner. Following are the zip code totals. Total Adjustment Adjusted Zip Code SV Residents Factor SV Users 99016 106 100% 106 99037 189 100% 189 99205 601 100% 601 99212 717 50% 359 99216 353 100% 353 Total 1,966 1,608 Total used by SCLD in proposal 1,600 SPL non - resident fee 5 42.00 Total SPL fee. 67,200 Only half of the residents in zip code 99212 were included although the majority of the zip code falls within the Spokane Valley city boundaries. The rest of the zip codes included have most of their developed areas within the city limits Capital Facilities Plan According to the agreement, Spokane Valley and SCLD agree to work jointly to develop a Spokane Valley Library Capital Facilities Plan to be completed by June 30, 2004. The District shall be responsible for costs associated with this plan. However, if Spokane Valley decides not to contract with SCLD beyond 2004 nor pursue annexation to the District, the City will reimburse SCLD for external costs to a maximum of 510,000. The external costs would be agreed upon in advance. City of Spokane Valley Library Service Options, continued January 13, 2004 Page 3 of 3 Summary Changing the inflation factor from 6.86% to 6.21 % will have the following effect on the proposed contract costs for 2004. Board Adopted Corrected Actual 2002 branch use $ 1,902,171 $ 1,902,171 Increase factor 6.86% 6.21% 2004 adjusted SV costs 2,032,660 2,020,256 Spokane Public Library value 67,200 67,200 Total $ 2,099,860 $ 2,087,456 -This number does not include any potential reimbursement the city may be required to make for capital facilities planning up to $10,000. The Spokane County Library District Board will next meet on January 20, 2004. - -DR AFT— INTERLOCAL• AGREEMENT BETWEEN THE SPOKANE COUNTY LIBRARY DISTRICT AND THE CITY OF SPOKANE VALLEY RELATING TO THE PROVISION OF LIBRARY SERVICES This Interlocal Agreement (the "Agreement ") is entered into this day of 2003, by and between the Spokane County Library District (the. "District ") and the City of Spokane Valley, a Non Charter Code Ciry of the State of Washington (the "City") jointly referred to as "parties '. WHEREAS, the City incorporated effective March 31, 2003; and WHEREAS, the District provided library services to the residents of the City prior to its incorporation; and WHEREAS, the District has the authority and agrees, pursuant to RCW 27.12.180, to enter into a contract with the City to continue to provide library services to residents of the City for the year 2004: and. WHEREAS, the District has previously entered into similar contracts with other cities and towns in Spokane County; and WHEREAS, the City has the authority and desire to contract for and to allocate funds in its 1 general fund budget for the provision of library services to be provided by the District to the 0 residents of the City during 2004; and WHEREAS, the District agrees to continue to provide library services to the residents of the 1 City from January 1, 2004 through December 31, 2004, under the terms set forth in the Agreement; and WHEREAS, the District desires to continue providing library services to the residents of the City after the term of this contract, and to partner with the City in developing library services and facility plans that meet Spokane Valley residents' needs. NOW THEREFORE, the parties agree as follows: 1. District Commitment to Provide Library Services to the City. From January 1, 2004 through December 31, 2004, the District shall: a. provide the public library services ( "Library Services") to residents of the City at the same service level and upon the same terms and conditions as are now being provided to all other residents within the District, .. -•( Attachment 2 _ , - l Deleted: as Deleted: ('Lib,ary Serviaci ) City's Ohligation to Pay District for Provision of Library Services. a The City agrees to pay to the District the sum of ,$2.099.860 for { Deleted: s2,1as,000 Services itt_2004. The City and _District _agree _that this amount was Deleted: 1 determined by the District in accordance with the methodoloav set forth in `` f Deleted: s Exhibit "A" and that this payment amount applies only to 2004 and understand that the method by which payments applying to any future agreements are determined may be different. b. The City shall pay the sum described in 2.a., above, to the District in two equal payments: the first payment of $1.049.930 shall be made by the City to the District by no later than May 31 of ,2004 ; the second payment of - - - {Deleted: each yen; $1.049.930 shall be made by the City to the District by no later than Noveniber 30 of,2004. 4. City's Commitment to Make Future Libra Services Decision. The City agrees to make a decision regarding the provision of futurebrary Services to the residents of the City and to notify the District of that decision. a. if this decision is to continue contracting with the District for,LibraryService,, both parties agree to make a good faith effort to negotiate and execute a new interlocal agreement no later than August 31, 2004. b. if this decision is to propose that voters decide on annexation to the District and the decision is made later than the date necessary for the annexation to be effective in 2005, both parties agree to make a good faith effort to negotiate and execute a one -year interlocal aereetnent for 2005 no later than August 31, 2004. 5. Library Capital Facilities Planning. The City and District agree to work jointly to develop a Spokane Valley Library Capital Facilities Plan for approval by the City Council and the District Board of Trustees. The Library Capital Facilities Plan is to be completed by June 30, 2004. The development process and responsibilities are described in Exhibit "A." 6. Administrative Authority. The City Manager or designee shall administer and be Page 2 of 7 - - 1 Deleted: mei year 3. Cost Accounting. The District shall provide to the. City by no later than March 31, 2005, its annual accounting of expenditures for 4ibrary S provided by the District to the_= Deleted: hrnneh1 residents of the City during its 2004 fiscal year. This accounting shall be based on a mutually ``f Deleted:s agreeable cost allocation method. The expenditures shall include but not be limited to personnel, supplies, services, equipment, library materials, and support services involved in the provision of Library Services by the District to the residents of the City, _ _ - { Deleted: If the City decides to neither continue contracting with the District beyond 2004 nor propose annexation to the District, it will reimburse the District for consultant and other expenses incurred in development of the Library Capital Facilities plan, as described in Paragraph 1.d. of Exhibit "A,,," to aa_ - _ - -{ Deleted: , maximum amount of $10,000. J J l the City's primary contact with the District. The Director of the District or designee shall be the District's primary contact with the City. 7. Relationship of the Parties. The Parties intend that an independent contractor relationship will be created by this agreement. This agreement is not a joint venture between the. District and the City. No District or City employee shall be deemed a representative, employee or agent of the other party for any purpose. 8. Termination. This Agreement may be terminated by either the City or the District upon six months written notice. 9. Notice. Notice shall be given in writing as follows: TO THB CITY: Name: Chris Bainbridge Title: City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave. Spokane Valley, WA 99206 TO THE DISTRICT: Name: Michael Wirt Title: Secretary, Board of Trustees Phone Number: (509) 924 -4122 Address: 4322 North Argonne Rd. Spokane, WA 99212 -1868 10. indemnification and Bold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any act or omission on the part of said party or its agents, employees or volunteers in the perforniance of this Agreement. 11. Waiver. No officer, employee, agent or other individual acting on behalf of other party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 12. Entire Agreement. This written agreement constitutes the entire and complete agreement between the City and the District for the rovision of Library Services to the residents of _ - ( Deleted: panics the City of Spokane Valley and supercedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the, Ciry and the District. - - - Deleted: pnnics Itcrcsv Accepted and agreed the year and date first above written. Page of 7 CITY OF SPOKANE VALLEY David Mercier, City Manager APPROVED AS TO FORM: CITY ATTORNEY Stanley M. Schwartz Witherspoon, Kelley, Davenport & Toole, LLP Page 4 of 7 SPOKANE COUNTY LII3RARY DISTRICT E. David Sani, Board of Trustees APPROVED AS TO FORM: COUNSEL TO THE DISTRICT James C. Sloane Paine, Hamblen, Coffin, Brooke & Miller, LLP Exhibit A -{Formatted Jl rwsert contract payment calculationl T'age5of7 1 Exhibit "B„ L3" 1. Library Capital Facilities flan Development: a. The Library Capital Facilities Plan provided for in Section 5 of the Agreement shall be developed by the District in collaboration with the City through an advisory committee.. The advisory committee shall be composed of two District staff members, a District Trustee, one representative of City staff, one City Council Member and one citizen selected by the City. Upon completion, the Library Capital Facilities Plan shall be presented to the City Council and the Board for adoption. The Library Capital Facilities Advisory Committee shall study and make . reconunendations concerning the adequacy of current capital facilities (i.e. buildings, equiprnent, books and other rnaterials) available to serve the City of Spokane Valley residents' library service needs and the feasibility of developing additional library buildings to serve the City of Spokane. Valley, including estimated cost of development, of operation and maintenance, and other related matters. c. Should the District or the City desire to retain consultants or any other professionals for a fee to assist with the development of the Library Capital Facilities Plan, such contracts may be issued by the Board upon mutual agreement of both parties. d. District shall be responsible for costs to retain consultants and other professionals skilled in developing library facility plans, and for related costs and expenses, such as but not Limited to, research, publication and other incidental costs. 2. Spokane County Library District Responsibilities: a. Carry out a City of Spokane Valley library services needs assessment. b. Assemble current City of Spokane Valley library use information; obtain City of Spokane Valley demographic, land use, traffic, and capital facility planning information from City staff. e. Assemble current and future demoeraphic, land use, traffic, and capital facility planning information for the portion of the Spokane. Valley tying outside the City but within the District's service area. d. Develop at least two preliminary library service models based on City demographics, geography, land use, and traffic patterns, taking into account library service needs of the remainder of the Valley outside the City limits. include general site requirements, general construction/FF&E costs, and estimated operational costs. Pan 6 of 7 Deleted: i s Formatted e. Present the library service models in the venue(s) determined to be most appropriate to obtain feedback on the preferred model. f. Further develop the preferred model including but not limited to estimates of public and support space needs, materials shelving, seating, meeting and study room, technology, and parking requirements for all proposed facilities. g. Obtain an updated construction cost estimate, and estimate of related costs. h. Determine capital funding options and projected taxpayer and debt service costs. i. Prepare a written library capital facilities plan proposal for presentation to the City Council and District Board of Trustees. 3. City of Spokane Valley responsibilities: a. Designate City staff and/or officials to serve in an advisory capacity to the District. b. Provide Spokane County Library District staff with current and projected demographic, land use and traffic information, as well as information on other city capital facilities planning. c. Determine the desired venue(s) for presentation of preliminary library service planning models for feedback on the preferred model. d. Work with the District to use the feedback obtained in determining the model to more fully develop. - e. Provide the District with other information that might be useful in the capital facilities planning process. LLSpoilncc191111ki)316 iirrr Paee7of7 Sribrkane � Valley Memorandum To: David Mercier, City Manager and Members of Council From: Nina Regor, Deputy City Manager and Morgan Koudelka, Administrative Analyst Date: January 13, 2004 Re: Library Service Agreement Background Information At the December 16, 2003, City Council meeting, Council agreed in concept with the second option presented by the Spokane County Library District (SCLD), which is based on service level provided. At the December 23, 2003, City Council meeting, Council requested additional information for the second option. The purpose of this memo is to provide the requested information. The agreement is made up of three major components. Share of Branch Usage The majority of the agreement cost is based upon an estimate of Spokane Valley residents' use of the District's system. 2002 was used as the base year. In order to adjust 2002 actual costs to 2004 projected costs, SCLD applied the percentage increase between the 2002 budget and the 2004 budget and applied it to the 2002 actual costs attributed to Spokane Valley. The numbers utilized came from the total budgeted expenditures of the general fund. The increase approved by the SCLD Board was calculated to be 6.86%. However, the District subsequently discovered that it had inadvertently used an earlier 2002 budget figure. Using the final 2002 budget number, the percentage change is 6.21% or an average of 3.1% per year. The Council inquired how the two -year multiplier compared to the average annual increase. City and District staff are continuing to work on this issue and will provide a response at the meeting. Council also asked about costs associated with the Otis Orchards branch. Hours were reduced at the branch as a result of Liberty Lake's decision to operate its own library. The Branch was previously open 1 -6 on Fridays, but is now closed on that day. Two of the hours were shifted to Tuesday and Wednesday mornings, as the branch will now open at 10 a.m. instead of 11 a.m. In addition, the Public Services Supervisor position was cut from 40 hours to 32 hours. Finally, a portion of the Branch Supervisor hours were shifted to Information Services at the Valley branch. These reductions are reflected in the SCLD 2004 budget. Attachment 1 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall ©spokanevalley.org Spokane - county Library District City of Spokane Valley 2004 Library Services Payment Amount: SCLD (12116103) Total payment Includes Basis for •ayment Actual 2002 costs: Valley Library use Other branch use Total 2004 projection: 2002 costs + 6.86% SPL registrations Total Detail 2002 actual expenditures Airway Heights Argonne Cheney Deer Park Fairfield Medical Lake Moran Prairie North Spokane Otis Orchards Valley Outreach $2,099,860 1. Spokane Valley residents' use of all 10 District branches. 2. Spokane Valley residents' access to all District library materials, regardless of location. 3. Spokane Valley residents' access to all District Web -based services. 4. No limit on number of library cards or amount of service use. 5. Outreach services to 44 Spokane Valley licensed nursing homes, assisted living facilities, child care facilities, and homebound customers. 6. Use of all 6 Spokane Public libraries, their services and materials. 1,531,743 370,428 1,902,171 2,032,660 67,200 2,099,860 SV Registrations 39 4,069 88 34 14 30 161 318 708 24,274 29,735 Branch Registrations 1,002 8,244 3,290 2,676 209 730 4,735 20,936 5,002 30,153 76,977 % SV Registrations 0.13% 13.68% 0.30% 0.11% 0.05% 0.10% 0.54% 1.07% 2.38% 81.63% 100.00% Outreach is included in the above numbers Payment assumptions 1. Individual branch costs are derived from SCLD's audited 2002 financial statements, using cost alllocation model developed jointly by District and City in October 2003. 2. Costs attributable to Spokane Valley are based on % Spokane Valley resident registrations in each branch, using partial results from City GIS analysis of addresses in District registration database; assumes that ratios are consistent with full database. 3. To arrive at projected 2004 costs from actual 2002 actual costs, 6.86% (the actual % increase in the District's total budgeted expenditures between 2002 and 2004) is added. 4. Spokane Valley residents' use of Spokane Public Library is reflected by multiplying the estimated 1,600 Spokane Valley registrations (based on Spokane Public Library October 2003 ZIP code report) by Spokane Public Library's 542 per card per year non- resident fee. SV % /Branch Registrations 3.89% 49.36% 2.67% 1.27% 6.70% 4.11% 3.40% 1.52% 14.15% 80.50% Branch Expenditures 235,103 473,714 441,855 405,557 153,120 229,207 365,931 1,454,705 397,613 1,902,721 6,059,526 % Exp for SV 9,151 233,812 11,819 5,153 10,257 9,419 12,442 22,096 56,279 1,531, 743 1,902,171 Atlacnment 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 13 January 2004 City Manager Sign -off: Item: Check all that apply: consent odd business new business public hearing information admin. report pending legislation AGENDA ITEM TITLE : Article III City of Spokane Valley Uniform Development Code City of Spokane Valley Building Code GOVERNING LEGISLATION: SHB 1734 RCW 19.27 State Building Code WAC 51 -50 -007 Exceptions PREVIOUS COUNCIL ACTION TAKEN: City of Spokane Valley Ordinance #40 City of Spokane Valley Ordinance #41 City of Spokane Valley Ordinance #42 City of Spokane Valley Ordinance #43 BACKGROUND: Washington statute requires all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington. Although local jurisdictions may amend those referenced codes to address special local conditions, the intent is to have the same rules for construction across the state. Over the last six years building codes have undergone a huge change. Prior to 2000 there were three major building code writing /enforcement organizations — ICBO, SBCCI and BOCA. Although many of the provisions of the individual codes were the same and many of the provisions were similar, many of the provisions of the different codes were at odds with their sister codes across the country. This created very expensive conflicts when a designer or contractor began to become more global in their business. The result was a combination of the three model code groups into one group, the International Code Council, or ICC. The ICC promulgated the International family of codes, and Washington chose those codes as the basis of the new State Building Code in SHB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. In addition to the referenced codes, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility. The Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code. Although there are substantial changes in the International Codes from the previous Uniform Codes, those changes are no more difficult to understand than changes typically presented every three years as the methods or materials of construction changed and a new code was adopted. One of the more useful codes that evolved from the development of the International Codes is the International Residential Code. This code gives all the rules for building a one or two family dwelling in one book, rather than having all the code books to sort through to determine the rules for construction. It was meant to simplify the process. The Washington Association of Building Officials passed resolution 2003 -02 that, in part, promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible. The Building Division has followed that direction and is offering a very simple adoption ordinance for approval. The five pages of the proposed ordinance replace four ordinances. This RCA is informational. The first public hearing is scheduled in front of the Planning Commission on 22 January 2004. After their review the ordinance will be before Council during the first Study Session in February. With Councils advice, subsequent readings will be scheduled in the near term. OPTIONS: None. The enforcement of a state wide building code is mandated by statute. RECOMMENDED ACTION OR MOTION: None. BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Draft Ordinance Article III Spokane Valley Uniform Development Code /Spokane Valley Building Code CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04- AN ORDINANCE OF TFIE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE III OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE RELATING TO BUILDING CODES; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON- COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington; and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SFIB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. WHEREAS, Washington previously developed an energy conservation code and a code for the elimination of physical barriers to promote accessibility; and WHEREAS, the Washington State Energy Code is a stand alone code while the accessibility provisions reside as a state amendment to the International Building Code; and WHEREAS, the Washington Association of Building Officials passed resolution 2003 -02 that, in part, promotes the local adoption of the International Codes and Uniform Plumbing Code with as few local amendments as possible; follows: NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Article III of the Spokane Valley Development Code is hereby established to read as ARTICLE III SPOKANE VALLEY BUILDING CODE Section 3.01. Adoption of Referenced Codes. The City of Spokane Valley hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to R.CW 19.27.074 for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties: 1. a). The 2003 International Building Code published by the International Code Council, Inc.(113C). The following Appendix is specifically adopted: Appendix 11, Signs. Appendix 1, Patio Covers. Ordinance 2004 — Articte 111 Uniform Development Code Page 1 of 6 b). The 2003 International Residential Code published by the International Code Council, Inc. (IRC) The following Appendices are specifically adopted: Appendix A (IFGC), Sizing and Capacities of Gas Piping. Appendix 13 (1FGC), Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances and Appliances Listed for Use and Type B Vents. Appendix C, Exit Terminals of Mechanical Draft and Direct -Vent Venting Systems. Appendix F, Radon Control Methods. Appendix H, Patio Covers. Appendix J, Existing Buildings and Structures. 2. The 2003 International Mechanical Code published by the International Code Council, Inc. (IMC) except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.I/NFPA 54 (National Fuel Gas Code). 3. The 2003 International Fire Code, published by the International Code Council, Inc.(IFC), including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand -held candles. The following Appendices are specifically adopted: Appendix 8, Fire Flow for Buildings. Appendix C, Fire Hydrant Locations and Distribution. Appendix D. Fire Apparatus Access Roads. Appendix E, Hazard Categories. Appendix F, Hn7ard Ranking. Appendix G, Cryogenic Fluids - Weight and Volume Equivalents. 4. Except as provided in RCW 19.27.170, the 2003 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials: PROVIDED, that any provisions of such code affecting sewers or fuel gas piping are not adopted; and The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible to and usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160. In case of conflict among the codes enumerated in subsections 1, 2, 3, and 4. of this section, the first named code shall govern over those following. 5. The 2003 International Fuel Gas Code as published by the International Code Council, Inc.(IFC). 6. The 2001, Second Edition, Washington State Energy Code Chapter 51 -11 WAC. 7. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials, Whittier California. 8. The 2003 International Property Maintenance Code as published by the International Code Council, Inc. Section 3.02. General Requirements for all Referenced Codes: Ordinance 2004 — Article III Uniform Development Code Page 2 of 6 1 Grou ncl Snow Load * Wind Spee d (Gust ) Seismi c Design Catego ry Weather ing Frost line depth Termit es Deca y Wint er Desig n Temp Ice Shield Uiiderl ay Flood Hazar ds Air Free2 e Index Mean Annu al Temp 39 Ibs/ft 85 mph C Severe 24" Slight to Moder ate done to slight 2° Yes 2003 1992 FIRM 1232 47.2° Section 3.02.01 Conflict between Codes. Whenever there is a conflict between a referenced code and the General Requirements contained in Section 3.02. of this code, the General Requirements shall apply. Section 3.02.02 Reserved. Section 3.02.03 Design Requirements: * Minimum roof snow load to be 30 1bs /ft in the City of Spokane Valley. Section 3.02.04 Professional Preparation of Plans. The City of Spokane Valley shall require a Washington licensed design professional, licensed under the provisions of R.CW 18.08 WAC 308 -12 or RCW 18.43 to prepare or oversee the preparation of plans for any building or structure containing five or more residential dwelling units or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy over four thousand square feet of construction. Section 3.02.05 Construction Plans. All submitted construction documents must be of sufficient detail to show the entire project with emphasis on the following: • Structural integrity • Life safety • Architectural barriers (ADA handicap compliance) • Compliance with all codes having jurisdiction • Scope of work • Deferred Submittal Schedule in general, the amount of detail required will vary, depending on the nature and complexity of the project. Section 3.02.06 Permits. Section 3.02.06.1 Ownership. The ownership of a Spokane Valley Development Permit inure to the property owner. The Permit Applicant is, by definition, an agent of the property owner if not the property owner. Section 3.02.06.2 Expiration of Permits. All permits shall expire by limitation and be declared void if a) work is not started within 180 days of obtaining a permit, or b) work is abandoned for 180 days or more after beginning work, or c) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be obtained for ''A the permit fee for the value of the remainder of the work to finish the original permit. Section 3.02.07 Referenced Codes. All referenced codes are available for review at the City of Spokane Valley Permit Center. Ordinance 2004 — Article 111 Uniform Development Code Page 3 of 6 Section 3.02.08 Fees. All Spokane Valley Permit fees shall be established by a City of Spokane Valley Resolution and may be found in Appendix B, Schedule C of the Spokane Valley Uniform Development Code. Section 3.02.08.1 Investigation Fees: Work without a Permit. a. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. b. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in Schedule C. This fee is an additional, punitive fee and shall not apply to any Spokane Valley Grading or Building Permit Fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Spokane Valley Permit for continued development of that project. if the work done remains illegal for 90 days after service of the Stop Work Order, it shall be considered hazardous. c. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 3.02.08.2 Fee Refunds. The building official may authorize the refunding of: 1. 100% of any fee 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 code. 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 application filed by the original permitee not later than 180 days after the date of fee payment. Section 3.02.09. Appeals. All appeals of any Building Official decision, order or determination relative to the application and interpretation of Article III of the Spokane Valley Uniform Development Code shall be made in conformance with the City of Spokane Valley Uniform Development Code Section 1.20.39.B. Section 3.02.10. Floodplain Development. All development within a designated floodplain located in the City of Spokane Valley jurisdiction shall comply with Section 5.01 of the Spokane Valley Uniforni Development Code and the construction specifications detailed in the 2003 IRC Section R323 Flood - Resistant Construction as amended. Section 3.02.11. Reserved. Section 3.03 Amendments to the referenced codes. Section 3.03.1 2003 International Building Code. a) Amend Section 105.2 Work exempt from permit. Building: 1. by substituting "200" for "150" in the square feet of floor area exempt from building permits. Section3.03.2 2003 international Residential Code. a) Add Section R 310.1.5 Replacement of Emergency Escape and Rescue Openings. If emergency escape and rescue openings are replaced or renewed, except for glazing replacement or renewal, the opening sizes shall be as required for new construction. Ordinance 2004 — Article 111 Uniform Development Code Page 4 of 6 0 b). Amend 8323.2.1 Elevation Requirements by rewriting #1. to read: Buildings and structures shall have the lowest floors elevated to or above base flood elevation plus one foot. Also by rewriting #3 to read: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. c). Add a second paragraph to R323.3.6 Construction documents to read: 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. d). Delete Part IV — Energy Conservation in its entirety. e). Delete Part VII - Plumbing in its entirety. References to chapters in Part VII shall be made instead to the appropriate sections of the 2003 Uniform Plumbing Code published by IAPMO. f). Delete Part VIII — Electrical in its entirety. References to chapters in Part VIII shall be made instead to the National Electrical Code published by the NFPA and enforced in Spokane Valley by the state of Washington Department of Labor and Industries. Section 3.03.3 2003 International Mechanical Code - Reserved. Section 3.03.4 2003 International Fire Code - Reserved Section 3.03.5 2003 Uniform Plumbing Code - Reserved Section 3.03.6 2003 International Fuel Gas Code - Reserved. Section 3.03.7 2001 Second Edition, Washington State Energy Code - Reserved. Section 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings 3.03.8.1 Section 302 Dangerous Buildings. Add additional definitions of a dangerous building: 19. Drug Properties and Structures. It is hereby declared that any building, stnicture and /or associated property, identified by the City of Spokane Valley 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, such building, structure and/or associated property is not only a dangerous property as defined by the City of Spokane Valley but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and /or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications: 19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes; 19.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code; 19.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re- occupancy has been received from the health department and sheriff's office; and 19.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnation of blighted property. Ordinance 2004 — Article 111 Uniform Development Code Page 5 of 6 Section 303.9 The 2003 international Property Maintenance Code - Reserved. Section 2. Severability. If any section, sentence-, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. Approved by the City Council this day of , 2004. ATTEST: 20. .Blighted Property. In conformance with RCW 35.80A.010, the City of Spokane Valley may acquire by condemnation, 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. A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: 20.1 Ifa dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more; 20.2 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 of Spokane Valley or the designee of the executive authority; or 20.3 the property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Spokane Valley 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 public use. Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Date of publication: Effective date: Michael DeVleming, Mayor Ordinance 2004 — Article 111 Uniform Development Code Page 6 of 6 'o •„h�_� L 1 c .. �� Spokane Valley Uniform Development Code Article 111 t. City of Spokane Valley Building Code City of Spokane Valley Building Code Building Codes = Public Safety Codes Uniform Code Enforcement Is Business Friendly. • State Of Washington Statute. RCW 19.27 "The purpose of this chapter is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state." City of Spokane Valley Building Code • RCW 19.27 mandates the Referenced Codes that must be enforced by each local jurisdiction. • Washington State Building Code Council. • Washington Association of Building Officials Resolution 2003 -02. • Previous City of Spokane Valley Ordinances #40, #41, #42, #43. Spokane Valley Uniform Development Code, Article III. 0 City of Spokane Valley Building Code Organization of Ordinance • Section 3.01 Referenced Codes • Section 3.02 Administrative and Design Requirements for all Referenced Codes • Section 3.03 Specific Referenced Code Amendments o 0 City of Spokane Valley Building Code Referenced Codes: • International Codes • Uniform Plumbing Code • Uniform Code for the Abatement of Dangerous Buildings City of Spokane Valley Building Code • Appendix Adoptions • Automatic Fire Sprinklers • Appellate Procedures • Administrative Procedures ;.: City of Spokane Valley Building Code . ‘2N!:.A' Specific Referenced Code Amendments • Ordinance follows lead of RCW, SBCC and WABO. Amends the IBC • Amends IRC • Addresses Elevation Certificate requirements • Provides for two new definitions of a "Dangerous Building ". City of Spokane Valley Building Code Recommendation: After the 22 January 2004 Public Hearing - • Propose changes to the new Building Code. • Recommend City Council approval of Ordinance with an effective date of 5 days from date of publication. Recommend City Council approve Ordinance with effective date of 1 July 2004. 0 City of Spokane Valley Building Code Next Steps 1. Contact - Fire Districts AIA - Spokane Homebuilders Association Association of General Contractors - Other Local Jurisdictions 2. Planning Commission Public Hearing 1.22.04 3. Report to City Council 2.3.04 Study Session City of Spokane Valley Building Code Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 1 -13 -04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing xx information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Legislative Issues Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: The following issues were discussed: 1. Community Empowerment Zones — The Legislature will need to visit this topic area to determine whether or not there will be an extension of certain exemptions that would otherwise expire; that would provide a legislative vehicle to consider enlargement of the zone or the creation of an additional zone, depending upon which avenue is required under the statute. Councilmember Munson suggested writing a letter to the legislators advising them of the Council's legislative positions before they leave for the session. Councilmember Munson suggested that he and Councilmembers Taylor and Wilhite get together to draft the letter. 2. Tax Equalization — Because not all figures are known, Council agreed to oppose this legislation. 3. Public Facilities District — Council agreed to lend support for PFD expansion of the Board 4. Tax Increment financing — Deputy Mayor Wilhite is gathering data and will have more info to share at next meeting 5. Water Rights — felt this should not be included on the agenda as this is more of a long -term problem and does not affect our area. 6. Tort Reform — agreed situation will be monitored until further info becomes available OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: TAX INCENTIVE CEZ County, w/ CEZ Statewide Distressed Area Sales/Tax Use Deferral X X Distressed Area Business & Occupation Tax Credit X International Services Districts Business and Occupation Tax Credit X Manufacturers' Sales/Use Tax Exemption X X X High Technology Business and Occupation Tax Credit X X X High Technology Sales/Use Tax Deferral X X X Warehouse, Grain Elevator, & Distribution Center Sales/Use Tax Remittance Program X X X Informational Report to the Spokane Valley City Council Prepared: January 8, 2004 Program Elements and Requirements: Tax Incentives Associated with Community Empowerment Zones (CEZ) In order to qualify for one or more of the tax incentives associated with a Community Empowerment Zone, specific requirements must be met. A description of the requirements for each type of allowable tax incentive follows. Distressed Area Sales/Use Tax Deferral • Businesses must be located in distressed area, CEZ, or county containing a CEZ. • Grants sales/use tax deferrals for manufacturing, research and development, or computer - related businesses. • The sales/use taxes on qualified construction and equipment costs are waived when all qualifications are met for a specified period of time. • Program expires on July 1, 2004. • One qualified employment position must be created for every $750,000 of investment on which a deferral is requested and the position must be filled by a resident of the CEZ. Tax Incentives Associated with Community Empowerment Zones (CEZ) Pagel of 3 Distressed Area Business and Occupation Tax Credit for New Employees • The business must be located within the CEZ. • Provides a $2 ; 000 credit for each new qualified employment position with annual wages and benefits of $40,000 or less; or a credit of $4,000 for each new employment position with wages and benefits over $40,000 annually. • The business must be a manufacturing, research and development, or computer - related service business. • Businesses must create a new work force, or expand the existing work force by a 15 percent average increase over the preceding calendar year by December 31 of the calendar year credits are applied for. • New full -tithe employment positions must be maintained for 12 consecutive months. International Services District Business and Occupation Tax Credit • If businesses are located in a county that has a CEZ, the businesses must be located in the CEZ to qualify for this credit. • Provides a credit of $3,000 per year for each qualified employment position created. • A qualified position is a permanent full-time position that provides international services. Manufacturers' Sales/Use Tax Exemption • Businesses do not have to be located in a CEZ or in a specific area. • Machinery and equipment used directly in manufacturing or research operations and charges for labor and services for installing the machinery and equipment are not subject to the sales or use tax. • Qualifying businesses are manufacturers, processors for hire, and manufacturers who perform research and development. High Technology Business and Occupation Tax Credit • Businesses do not have to be located in a CEZ or in a specific area. • An annual credit of up to $2 million is allowed for businesses that perform research and development in Washington under specific high tecluiology categories and meet the minimum expense requirements. • The business' spending on research and development during the year the credit is claimed must exceed .92 percent of the business' taxable amount during the same year. • The qualifying technology categories are advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology. Tax Incentives Associated with Community Empowerment Zones (CEZ) Page 2 of 3 High Technology Sales/Use Tax Deferral • Businesses do not have to be located in a CEZ or in a specific area. • Taxes are deferred under this program if the business uses the investment project for qualified research and development or pilot scale manufacturing during the year in which the investment is certified as operationally complete, and the next seven years. • Eligible businesses must start new research and development or pilot scale manufacturing operations, or expand and diversify a current operation by expanding, renovating or equipping an existing facility anywhere in Washington. • The qualifying technology categories are advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology. Warehouse, Grain Elevator. & Distribution Center Sales/Use Tax Remittance Program • Businesses do not have to be located in a CEZ or in a specific area. • 100% of the construction costs of qualifying structures are exempt from the state portion (6.5 %) of the retail sales /use tax. 50% of the acquisition costs of qualifying equipment from the state portion of the sales /use tax. • Eligible businesses are wholesalers, retail distribution centers, and third party warehousers. Tax Incentives Associated with Community Empowerment Zones (CEZ) Page 3 of 3 Meeting Date: 1/13/04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report on Council -Staff Retreat and Annual Planning Session GOVERNING LEGISLATION: None CITY OF SPOKANE VALLEY Request for Council Action PREVIOUS COUNCIL ACTION TAKEN: Previously, the City Council decided to engage in a retreat/annual planning session and scheduled the session for February 7, 2004 from 9 :00 A.M. to 4:00 P.M. BACKGROUND: Staff is preparing relevant material and a draft agenda. The administrative report is intended as a check -in with the City Council to share information with and solicit feedback from the Council. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Dave Mercier and Nina Regor ATTACHMENTS None DRAFT AGENDA FOR DISCUSSION PURPOSES ONLY CITY OF SPOKANE VALLEY 2004 Annual Planning Conference February 7, 2004 Topics /Items 1. Review of Departmental Work Plans and Submittal Timetables: • Legislative and Executive Support (goals & objectives chart) • Public Works: Work Plan, Capital Projects, Key Decisions and Policy Issues • Operations and Administrative Services: Work Plan, Capital Projects, Key Decisions and Policy Issues • Planning and Community Development: Work Plan, Capital Projects, Key Decisions and Policy Issues • Parks and Recreation: Work Plan, Capital Projects, Key Decisions and Policy Issues • Public Safety: Work Plan, Capital Projects, Key Decisions and Policy Issues 2. Finance and Budget Related Issues: • First glance at a draft five -year financial forecast • General Fund Budgeting for 2005 and beyond: Paying off the start-up costs versus funding new or expanded programs; examine other revenue source(s) or adjust expenditures downward to balance? • Initiation of the FY 2005 budgeting process (draft calendar) • Capital facilities funding 3. Facilities and Contracts: • CenterPlace construction and marketing • Other Community Facilities— Future new facilities, timing, cost to the general fund when completed. • Needed contract changes? 4. Community Involvement & Outreach —ideas include: • More "Conversations with the Community" • How to stimulate communication /interaction with other boards & commissions: local school districts, county commissioners, neighboring cities, youth council? , Slid" (an* e CD Memorandum To: David Mercier, City Manager and Members of Council From: Mike Jackson, Parks and Recreation Director Date: December 23, 2003 Re: Splash -Down 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityfiall@spokanevalley.org Here is a brief update on Splash -Down. Bill and Ruth Bleasner have said that Jeff and Debbie Weisen will not be purchasing Splash -Down. The Bleasner's indicate that Splash -Down Inc. will continue the current lease with the City of Spokane Valley. They anticipate that Geoff and Melissa Kellogg will purchase stock in Splash -Down Inc. and manage the facility. I have asked Deputy City Attorney Driskell to review the Splash -Down contract in regards to this proposal. Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. December 11, 2003 I. CALL TO ORDER Bill Gothmann, Planning Conunission Chair, called the meeting to order at 6:33 p.m. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Excused Absence Gail Kogle — Present VI. PUBLIC COMMENT There was no public conunent. 13i11 Gotlunann — Present Ian Robertson — Present John G. Carroll — Excused Absence IV. APPROVAL OF AGENDA Commissioner Beaulac moved that the agenda be approved as presented Commissioner Robertson seconded the 'notion. Motion passed unanimously. V. APPROVAL OF MINUTES 11 was moved by Commissioner .Blum and seconded by Commissioner Robertson that the minutes of the November 13, 2003 Planning Commission meeting be approved as presented. Motion passed unanimously. VII. COMMISSION REPORTS Commissioner Kogle attended the most recent STA Citizen Advisory Committee for transportation meeting. Commissioner Beaulac reported that he and Commissioner Kogle attended the Transit Oriented Development Workshop on December 10 2003. The consultant Crandall & Arambula presented the final proposal for the University City Light rail Station. This alternative would permit the alignment along either Appleway or Sprague Avenue. The next meeting will be on Wednesday, January 2l st, 2003 at Decades. The Commission requested that Staff send the Commission a reminder of this meeting. Chairman Gothmann reported that the City Council had approved amendments to the adult entertainment ordinance as recommended by the Planning Commission. VIII. ADMINISTRATIVE REPORT Director Sukup noted that the agenda packet had been sent to the Commission by e -mail and requested any suggestions from the Commission concerning improvements in distributing the agenda. She noted that this system would allow the staff to make the information available earlier and eliminate the cost of reproduction and mailing. IX. COMMISSION BUSINESS A. PUBLIC HEARING : Proposed Floodplain Ordinance Chairman Gothmann opened the public hearing at 6:44 p.m. Ms. Sukup presented the information to the Commission, noting that the City Council passed a resolution authorizing the City's application for participation in the National Flood Insurance Program. The proposed ordinance designated the Spokane Valley Community Development Director as the Floodplain Administrator. The proposed ordinance is based on the Washington Model Ordinance and provides for the lowest floor elevation to be at least twelve inches about Base Flood Elevation (BFE) for both residential and non - residential properties. These requirements are the same as those adopted by Spokane County. Changes from the County provisions include requiring that for manufactured housing that the bottom of the crawl space be at least one foot above BF1 , and that an engineering report that shows no impact on the ability of the floodplain to infiltrate, store and release floodwaters for construction along Chester Cree, downstream of Mohawk Road; Forker, south of the intersection of Forker Road and Progress Road; Central park, west of Park Road; and Glenrose, west of Carnahan Road and south of 8 Avenue. She reported that the Federal Emergency Management Agency (FEMA) was updating the floodplain maps and some areas might be expected to change as a result of the update. The requirement for an engineering study replace the limitation of 5% impervious cover established by Spokane County. There was no member of the public wishing to speak. Commissioner Blum questioned the requirement for a performance bond. Following discussion, Commissioner Bum moved to continue the public hearing until the regular Commission meeting of January 8, 2004 to permit Staff the opportunity to research the need for a performance bond and to allow for additional citizen comment. Commissioner Beaulac seconded the motion, which passed unanimously. A. OLD BUSINESS: 1. Continued Discussion of Proposed Amendments to Ordinance No. • 35 relating to the Planning Commission. 2. Proposed Amendments to the Planning Commission Rules of Order. Commissioner Kogle reported on the deliberations of the ad hoc Committee comprised of herself and Commissioner Blum. The Committee had researched Roberts Rules of Order and the Council and the Governance Coordination Manual adopted by the City Council. The changes recommended were the annual election of officers, retaining the "Rules of Procedure" designation, continuing to require the Chairman to announce the Rules of Order governing public hearings, and amending the Rules of Procedure to allow some flexibility in scheduling. The Commission also considered the communication of Commissioner Carroll concerning the proposed amendments. The Commission reviewed drafts which incorporated the recommendations of the ad hoc Committee. Following discussion, Chairman Gothmann moved to recommend to City Council those changes included in the attached draft of Ordinance No. 35. The motion was seconded by Commissioner Robertson and passed unanimously. Chairman Gothmann moved to recommend to City Council those changes included in the attached draft of the Rules of Procedure. The motion was seconded by Commissioner Beaulac and passed unanimously X. FOR THE COOD OF THE ORDER Commissioner Gothmann reminded the Commission that he will be unable to attend the January 8 Joint Planning Session with the City Council. Xl. ADJOURNMENT There being no further business, the meeting was adjourned at 8:34 p.m. SUBMITTED: APPROVED: Marcia Sukup, AICP, Secretary Bill Gothmann, Chairman