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2004, 07-13 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING #47 Tuesday, July 13, 2004 6:00 p.m. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Asenuc, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting CALL TO ORDER PLEDGE OF ALLEGL4NCE INVOCATION: Pastor Kurt Bubna, Eastpoint 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 state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA Consists of items considered routine which arc approved as a group. A Councilmcmber may remove an item from the Consent Agenda to be considered separately. a_ Approval of Regular Council Meeting Minutes of June 22, 2004 b. Approval of Study Session Minutes ()flung 29, 2004 c. Approval of Account Payables in the amount of $1,989,307.18 d. Approval of June 30, 2004 payroll of $ 146,93238 NEW BUSINESS 2. First Reading/Second Reading : Proposed Ordinance 04-029 Authorizing Election and Property Tax Levy - Ken Thompson (public comment] 3. Second Reading Proposed Vacation Ordinance 04 -019 STV01 -04 - Marina Sukup [public comment] 4. Second Reading Proposed Vacation Ordinance 04 -020, STV02 -04 - Marina Sukup [public comment] 5. Second Reading Ordinance 04-022 (CPA 03 -02) - Greg McCormick [public comment] 6. Motion Consideration: Approval of Spalding Towing Contract - Cary Driskell [public comment] 7. Motion Consideration. Spokane County Mousing & Community Development Advisory Committee Mayor Appointment - Mayor DeV leming [public comment] PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) Counctl Agenda 07 -1344 Reglaa Meeting Page 1 of 2 ADMINISTRATIVE REPORTS: (no public comment] 8. Panhandling Regulations — Cary Driskell 9. Potential Amendment% to Criminal Code {Noise issues. etc.) - Cary Driskcll 10. Cost Recover} Studies — Ken Thompson I I . Precinct Lease Agreement Report - Cal Walker 12. Chamber of Commerce Request Regarding Ownership of Wastewater Assets —Neil Kasten 13. Gambling Tax Update— Ken Thompson INFORMATION ONLY: [no public comment] 14. Spokane County Library District May Report 15. Public Comment Follow -up Report 16. June 26. 2004 Special Workshop'Retreat Notes 17. Public Employee Relations Commission Update ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are generally held 2nd and a Tuesdays. beginning at 6:00 p.m. Council Study Sessions are generally held 1". 3'c and 5th Tuesdays. beginning at 6:00 p.m. Other Tentative Upeominr Meetings /Events: July 14. 2004, 6:00 p.m.. Conversation with the Community, Mirabcau Point Park July 20, 2004, No Council Study Session or Council Meeting July 27, 2004, Regular Council Meeting, 6:00 p.m.. Spokane Valley City Hall August 3, 2004, No Council Study Sctaion or Council Meeting August 10, 2004, Regular Council Meeting, 6:00 p.m.. Spokane Valley City Hall August 17. 2004, Council Study Session, 6:00 p.m., Spokane \'alley City Hall August 24, 2004, Regular Council Meeting, 6:00 p.m., Spokane Valley City Hall August 31, 2004, No Council Study Session or Council Meeting September 7, 2004. Council Study Session, 6:00 p.m., Spokane Valley City Hall NOTICE- Individuals pluming to attend the meeting %to require special assistance to accommodate physical, hearing. or other imnsirments. please =met the Grp Clerk at (509) 921.1000 as soon as possible so that arrangements may be made_ Council A_erula 07- 1341 Regular Meeting Page 2 of 2 DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, June 22, 2004 Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 46 official meeting. Attendance: Councilmembers: Staff: Michael DeVleming, Mayor Dave Mercier, City Manager Diana Wilhite, Deputy Mayor Nina Rcgor, Deputy City Manager Dick Denenny, Councilmember Cary Driskell, Deputy City Attorney Mike Flanigan, Councilmember Ken Thompson, Finance Director Richard Munson, Councilmember Neil Kersten, Public Works Director Gary Schimmels, Councilmember Marina Sukup, Community Development Director Steve Taylor, Councilmember Cal Walker, Police Chief Mike Jackson, Parks & Recreation Director Torn Seholtens, Building Official Steve Worley, Senior Engineer Greg McCormick, Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Messianic Rabbi D'Auria gave the invocation. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Munson: said that all Councilmembers except. Councilmember Taylor, attended last week's Ocean Shores Convention, and attended a number of classes which were very well presented. Deputy Mayor Wilhite: mentioned she too attended the Ocean Shores Convention including workshops on finance, budgeting, and tourism activities. Councilmember Taylor: reported that he attended the Chamber of Commerce board meeting and that a letter was approved by the Board to he delivered to Council regarding researching options and specifics of having wastewater collection assumed by the City of Spokane Valley. Councihnember Flanigan: stated of the Ocean Shores workshops, his primary focus was on bringing and enhancing tourism in the City of Spokane Valley. Councilmember Denenny: said he felt one of the better presentations at Ocean Shores was the GMA presentation concerning the differences in boards between the east and west side; that he also attended a STA finance meeting which approved some changes in structure due to passage of the election issue; and Council Minutes 06 -22 -04 Page 1 of 7 Date Approved by Council: DRAFT that he attended a governance task force regarding sewer and met with Spokane County and the City of Liberty Lake concerning the issue of regional severing. MAYOR'S REPORT: Mayor DeVleming reported that information from the Washington Office of Financial Management indicates the City of Spokane Valley has moved from the 9 largest city to the 86 largest city with population changes from 82,005 to an unofficial population figure of 83,950. PUBLIC COMMENT: (for items not on tonight's agenda) Ron Allen, Lucky Auto Sales, 324 N Pines: stated he moved to that location June 1 and shortly thereafter the City's Code Enforcement officer rudely spoke to him concerning a complaint that autos were parked too close to Pines and created a hn7ard for traffic hazard; he said that he felt a courteous greeting would have been better received; and added that the autos have been moved. Grant Rodkey, Spokane Valley: said a friend of his has a problem regarding junk vehicles at 1700 Sprague Avenue; and that he would like to see the issue of different City names set on the next ballot. Mayor DeVleming informed Mr. Rodkey that his friend should contact City Hall in reference to the issue of junk cars. 1. PUBLIC HEARING: Six-Year Transportation Improvement Plan Mayor DeVleming opened the public hearing at 6:15 p.m., and asked Engineer Worley to present the overview. Mr. Worley explained that the City is required by statute to hold a public hearing concerning the City's Six -Year Transportation Improvement Plan, to adopt a revised and extended comprehensive transportation program for the ensuing six years, and that the Plan must be submitted to the Washington State Secretary of Transportation prior to July 1. Mayor DeVleming invited public comment. Grant Rodkey: said that 16 Street is close to where he lives and he is concerned about bike lanes, and if residents would lose their on- street parking with the road widening project; he also questioned the manner of interrupted striping on the road. Lorry Rider, Spokane Valley Fire Department: spoke in reference to Indiana, or Mansfield, and stated his concern to make sure emergency traffic will still have access eastbound to Pines; concerning the Barker Bridge project, he also wants to ensure that access route will not be lost for the few years while construction is ongoing. Mayor DeVleming invited further public comment; no further comments were offered. Mayor DeVleming closed the public hearing at 6:24 p.m. 2. CONSENT AGENDA. After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Council/nemher Flanigan to approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Vacation Ordinance 04 -019, STV01 -04 — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to advance ordinance 04 -019 to a second reading. Community Development Director Sukup gave a brief overview, described the property location, and stated that City staff and the Planning Commission feel vacation is appropriate subject to conditions of the ordinance. Mayor DeVleming invited public comment. Kurt Vigessa made brief comment to clarify the pronunciation of his name. Mayor DeVleming invited further public comment, no further comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None, Motion carried. Council Minutes 0 Page 2 of 7 Date Approved by Council: DRAFT 4. First Reading Proposed Vacation Ordinance 04 -020, STV02 -04 — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance ordinance 04 -020 to a second reading. Community Development Director Sukup gave a brief overview, described the property location, and stated that City staff and the Planning Commission feel vacation is appropriate subject to conditions of the ordinance. She also mentioned that part of the 100 -year floodplain goes through the property. Mayor DeVleming invited public comment. No comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Readings: 2003 Comp Plan Amendments, Reconsideration of Ordinances Remanded by the GMA Hearing's Board — Greg McCormick a. Proposed Ordinance 04 -022 (CPA 03 -02) Councilmember Schimmels stated he will step down from the dais on this matter (CPA 03 -02) in order to avoid any potential conflict of interest. Councilmember Schimmels left the dais. After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to advance ordinance 04 -022 to a second reading. Planning Manager McCormick explained the challenge on the procedural/remanded matter, and stated in reference to this ordinance that staff concurs with the Planning Commission recommendation. Mayor DeVleming invited public comment; no public comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None, Abstentions: None. Motion carried. Councilmember Schimmels was invited and returned to the dais. It was then moved by Mayor DeVleming and seconded by Councilmember Munson to combine agenda items #5b through Sf. Mayor DeVleming invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed' None. Abstentions: None. Motion carried. After Planning Manager McCormick gave a general overview of the five ordinances, City Clerk Bainbridge read each ordinance title. City Manager Mercier added that the CTED 60 -day time period has lapsed so Council has the option of dealing with the first reading on these ordinances, or suspending the rules and moving for approval. It was moved by Mayor DeVleming and seconded by Councilmember Denenny to suspend the rules and advance the combined ordinances for approval. Mayor DeVleming invited public comment on any of the ordinances; no public comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried Ig .oposed Ordinance 04 -027 (CPA 03 -07) After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Counc ilmember Taylor, to advance Ordinance 04 - 027 to a second reading. Planning Manager McCormick gave the overview of this ordinance, explaining that the request is to change three acres from Low Density Residential to High Density Residential, that the original Planning Commission recommendation was to change the west portion of the property to Medium Density Residential and zone UR -12, and change the east portion to Community Commercial and zone B -2; and that the new remanded Planning Commission recommendation is to change the easterly portion to Community Commercial and 8-2 Zoning; and change the westerly portion to High Density Residential and UR -22 zoning. It was then moved by Councilmember Munson and seconded, to amend the motion to suspend the rules and approve ordinance 04 -027. Vote by acclamation to amend the motion: In Favor: Unanimous, Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming invited public comment. Howard Bruegeman, 18422 E. Sharp: spoke against the proposal and voiced amazement at the Planning Commission's change from their original recommendation; said that at the May Planning Commission, the applicant spoke of possible medical offices and also mentioned the possibility of a 30 -unit apartment; and that the Planning Commission voted unanimously (with the exception of one) in favor of the proposal. He ended by stating that he hopes the developers do not own this new City. Council Minutes Q6-22 -04 Page 3 of 7 Date Approved by Council: DRAFT JoAnn Carlson, 18519 East Sharp: said she lives directly north of this three acres; that she is opposed to development of a 30 -unit apartment complex; that they deal with garbage and traffic from Wendy's and Heiko, that more traffic means more dust, and that she is against this proposal. Bob Walker, N 1315 Greenacres Road: stated he has lived in the area since 1944, that he has worked at his business on east Sprague since 1964, and that a proposal of a 30 -unit apartment complex is not a sound proposal; he also voiced his frustration with impending increased traffic. Peter McCoskey, East Sharp: said he feels a 30 -unit apartment is too much, that the area can't take another development of that size. Larry Mertens, 1114 N Greenacres Road: said he lives on the corner of Boone and Greenacres, that many cars speed through there now and that perhaps if Boone were straightened it would help traffic flow; also stated he does not want that large apartment complex there. Robert Yeoman, 18415 E. Sinto: stated his objection to the proposal and said that East Sinto does not have room as the bridge and roads are overloaded now. John Stiller, East 18315 Sinto: said already too much traffic in that area; objects to the proposal. Lea Simmons, 18410 E. Sharp: said traffic is heavy on Barker now and expressed her concern with the safety of the children in the area. Jay S'chwnann, 184.14 East Sinto: said he is against this development; that roads in the area are undeveloped, no centerline stripe and no sidewalks; that he is happy with the roads that way but that they are not meant to handle high volume traffic; said this proposal is bad for the community and bad for property values. Peter Higgins, 20221 East 8`'': does not live in the area but said traffic will be blocked up and not able to move in any direction. Mary Colville, lives next door to the proposed project on Boone: said it is difficult to get from Boone to Barker now and expressed concern with current traffic problems and that a 30 -unit project would destroy his property's worth. Dwight Hume, on behalf of the proponent, 9101 N Mountain View Land: said he is a land use planning consultant; said they went before the Planning Commission to explain the request for reconsideration; that the original request supposedly to demonstrate the usability of the site, illustrated a 30 -unit apartment; and that in the interim additional thought was given to the marketability and use of the site and what was once anticipated in the purchase of the property when it was zoned industrial, was that the industrial zone was a zone that allowed commercial use. He further explained that the purchasers knowing this, purchased the property which had been vacated and cleared off; that one of the provisions of the industrial zone is ministorage, and the property owners were planning to use it as such but the County removed the industrial category and did not put back an appropriate category for the use that was there; stated that he and the proponent are here to restore the legal rights of the property and get the appropriate zone; and that to have ministorage use of the property, the 82 zone would have to encompass the entire property. He added that medical offices are not permitted in the UR -12 zone, such as a small animal veterinary clinic. He concluded that they want a stronger marketability and usability of the site and without this, the area would likely remain vacant; they are not certain apartments are the highest and best use, but that in the UR -22 they will have the capability of serving the people with other services. Mr. Hume also presented an aerial photo of what was the "Quickie Box" which had 150 employees working two shifts. He added that they will attend to the issues tinder SEPA for traffic mitigation, and intend to be a good neighbor. Council Minutes 06 -22 -04 Page 4 of 7 Date Approved by Council: Councilmcmber Munson asked Mr. Hume if a decision has been made on the use of the area, and Mr. Hume said they are forced into looking at possibilities and they lost their land use category and were going to do ministorage; and do not feel comfortable getting a high enough designation to put that on the property. Sue Anderson, 18505 East Sinto: said that the Quickie Box Mr. Hume referred to was at least 20 -years ago and was prior to Riverwalk, prior to Wendy's, and prior to traffic problems they experience now; that they have problems getting in and out now and she does not want an apartment in the area. John Peterson, 8600 East Sprague representing owners of the property: said he wants to make the property work for the area and feels it is most important to get some sort of medical building in; that he realizes he needs to go through the building permit process and that traffic studies will need to be completed adding that they have no control over traffic; they want to be aware of any problem in the area and want to correct any problems and welcome phone calls; that they will have managers there to react to issues but that they need to be made aware of those issues. Mayor DeVleming invited further public comment; no further comments were given. Councilmember Flanigan said he is aware that the transportation plan calls for extensive construction on Barker over the next six years but that not allowing development is not the solution although he wishes there were some designation to not permit an apartment unit and realizes traffic is an issue. In response to a question from Council, Engineer Worley said that the proposal for Barker is to widen the road and that a small portion from Boone to Mission will be a five -lane section; that the Barker Road Bridge is scheduled to be replaced; and that he is not aware of any WSDOT proposed changes to the interchange. In response to Councilmember Munson's question concerning procedure when an application for a permit for commercial property is received and if there is any opportunity for the permit process to deal with public input, especially concerning zoning issues, Planning Manager McCormick explained that the first formal step in permitting uses in a zoning district, is an environmental checklist submitted under SEPA, then issue a determination based on anticipated impacts which is then published in the newspaper announcing a public comment period, after which a building permit is granted if all conditions are met. Deputy Mayor Wilhite says she favors the proposal as is and would not be in favor of an industrial use; that she understands there are traffic problems, but with that designation that are other structures that can be put in and that she hopes the owner will take into consideration the concerns of the neighbors; that she is sympathetic to traffic moving in and out of the property and feels we need to look at how we can help with this and other traffic issues. Councilmembcr Munson added that as neighbors have the opportunity to voice concerns about any future building, he will support the proposal. Vote by Acclamation on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried DRAFT Mayor DeVleming called for a recess at 6:50 p.m., and reconvened the meeting at 6:58 p.m. 6. Proposed Resolution 04 -01.8 Amending Resolution 04 -007 Creating Student Advisory Council — Mayor DeVleming After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve Resolution 09 -018. Mayor DcVleming explained that there were a few minor changes to the resolution, under representation to designate the Mayor or designee and the City Manager or designee, and to make reference to by -laws as shown in Section 2D and Section 3C. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 06 -22 -04 Paee 5 of 7 Date Approved by Council: DRAT 7. Proposed Resolution 04 -019 Approvint; Six -Year Transportation Improvement Program — Steve. Worley After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Schimmels to approve Resolution 04 -0.19. Mayor DeVleming invited public comment. Grant Rodkey, 11524 East 19''' Avenue asked for a copy of the Plan. (City Manager Mercier supplied him with a copy.) Mayor DeVleming invited further public comment; no comments were offered. Vote by Acclamation: In Favor.' Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Motion Consideration: Set Election Date of 09/14/04 for Fire Districts Annexation — Nina Reitor It was moved by Mayor DeVleming and seconded to set the date of September 14, 2004 for the fire annexation vote. Deputy City Manager Regor explained the background of the annexation to Fire Districts One and Eight, after which Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: Parks MasterPlan Contact Award —Mike Jackson It was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the MasterPlan Contract award. Parks and Recreation Director Jackson explained that the City has determined that a Parks and Recreation MasterPlan should be developed to guide the future acquisition, development and operation of parks and recreation facilities and programs, and that the plan also includes a feasibility study for a swimming pool or other aquatic facility. Director Jackson said that in response to advertisement, the City received ten Statements of Qualifications from firms interested in developing the Plan, and after review of the qualifications, staff chose four of the applicants to submit proposals and attend interviews. Staff feels the firm of Moore lacofano Golstman, Inc. was the most qualified firm. Director Jackson stated that this would be a 12 -month process which would start July 1; that staff has not negotiated the final schedule, and anticipates the final MasterPlan to be completed no later than the end of June 2005. Mayor DeVleming invited public comment; no comments were offered. Vote by Ac clamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: Peter Higgins, 20221 East 8 said we are in the process of mixing land uses; that in reference to large animal keeping, he suggests that when any urban subdivision goes in next to any large animal keeping area, that a fence be required to protect the public and the animal. Ai)M CISTRATIVE REPORTS: 10. Valley Corridor Environmental Assessment/Traffic Study —Neil Kersten Public Works Director Kersten went through his PowerPoi.nt presentation explaining the corridor project, current status and history, public participation process, and work to be done. He explained that the City received significant public comment on the proposed options, and based on those meetings staff requested a scope of work and cost proposal from Jones & Stokes, the consultant who developed the draft Environmental Assessment for Spokane County. After Director Kersten's presentation, it was Council consensus to bring this matter back to the next council meeting for motion consideration. 11. Business Registration Discussion — Ken Thompson Finance Director Ken Thompson gave a PowerPoint presentation on the issues connected with the business registration process and of options for further consideration concerning possible registration fees. Director Thompson also explained that on June 1, council tentatively decided to use the Washington State Department of Licensing (DOL.) to register and renew city licenses, including nonprofits, and at that meeting, there was discussion concerning recovering costs. Director Thompson stated that the cost recovery would include costs associated with 2004 costs but not include 2003. Director Thompson recommended a 513.00 business registration fee with a reduced fee of 53.00 for nonprofits. After brief council discussion, it was Council consensus to proceed with those specified amounts. It was also Council Minutes 06-22-04 Pnge. 6 of 7 Date Approved by Council: DRAFT determined that the ordinance needs to be modified to specify who should and should not register. This item will be brought back to council for further review at a later date. I2. Report on Proposed Resolution Amending Leave Policies —Nina Regor Deputy City Manager Regor explained that staff proposes to change the two types of leave without pay in order to adhere to state regulations connected with family and medical leave. After further brief discussion, it was agreed that a draft resolution will be brought forward at the next Council meeting for Council consideration. There being no further business, it was moved by Councilmember Flanigan, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:02 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 06 -22-04 Page 7 or7 Date Approved by Council: DRAFT Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Mike Flanigan, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Excused Absences Dick Denenny, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Study Session June 29, 2004, 6:00 p.m. Staff: Dave Mercier City Manager Nina Regor, Deputy City Manager Ken Thompson, Finance Director Neil Kersten, Public Works Director Marina Sukup, Community Development Director Cary Driskell, Deputy City Attorney Cal Walker, Police Chief Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and requested that all electronic devices be turned off for the duration of the meeting. Mayor DeVleming also called everyone's attention to the "Amended Agenda." It was moved by Mayor DeVleming and seconded by Councilmember Munson to excuse Councilmembers Denenny and Taylor from tonight's meeting. Vote by Acclamation: In Favor: Unanimous. Opposed.' None. Abstentions: None. Motion carried. 1. First Reading Proposed Ordinance Amendin I S sokane Valle Munici ,al Code Title 5. Section 15.010 — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councihnember Flannigan and seconded by Councilmember Munson to suspend the rules and advance the ordinance to a second reading for approval. Deputy City Attorney Driskell mentioned that this is more of a housekeeping issue to make the Code consistent when referring to the City Manager, as sometimes the reference was "City Manager" and other times if was "City Manager or Designee." Attorney Driskell explained that by adding the definition of "City Manager" as shown on the ordinance, all sections will be consistent. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried: 2. Proposed Resolution Repealine and Replacing Resolution 03 -022, Leave Sections — Nina Regor Deputy City Manager Regor explained that the proposed resolution clarifies sections dealing with leave without pay and changes those sections so they are consistent with the City's agreement with Association of Washington Cities, the City's employee insurance plan; and that changes are also proposed 10 clarify the job reinstatement provision. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve Resolution 09 -020. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous, Opposed: None. Abstentions: None. Motion carried. 3. Motion Consideration: Approval to Proceed with Valley Corridor Environmental Assessment with Consultant Jones & Stokes —Neil Kersten It was moved by Councihnember Munson and seconded by Councilmember Schimmels to proceed with the Valley Corridor Environmental Assessment with Consultant Jones & Stokes in the amount of $143,007 through the Spokane County Engineering Interlocal Contract. Public Works Director Kersten Stud}' Session Minutes 06- 29-41 Page I of 5 Date Approved by Council: DRAFT explained the issue as noted on his June 29, 2004 Request for Council Action form; adding that the staff at Jones & Stokes are all new since the original couplet; that we would be amending the contract with them through the County as was done originally and that we would pay the county. Director Kersten added that Eco■W is doing the economic study which will be part of the project requirement, and that the entire process will be monitored, reviewed, and approved by several entities such as WSDOT, and SRTC; and when the environmental assessment is complete, that document will come before council for final approval consideration. Director Kersten said he seeks approval to move forward with the additional work for $143,000 and for completion of the EA, and to approve use of $4,337 funds from the Street Capital Projects to provide matching funds for the SRTC and TM grants. Director Kersten stated that the County went through the procurement process, that under state law the selection must be based on qualifications and we are following the county's process in choosing Jones & Stokes; that the City's interim team felt this was a good selection; adding that the background information is in place, and if we change now, we would have to go back to SRTC and TIB to get their approval and to possibly seek additional funds. Councilmember Munson stated that Exhibit A appears complete and detailed and he sees no advantage in going elsewhere, especially in light of the cost of time and money. Director Kersten stated he feels comfortable with the choice. City Manager Mercier stated that just this afternoon he became aware of past legal action in this regard, and asked Deputy City Attorney Driskell to contact the other attorneys involved; that Attorney Driskell spoke to two of the County's attorneys and to Mr. Emacio to determine the background; from those three individuals and Ross Kelly there were a number of options the county was examining six years ago in regard to the couplet, and the option at that time which seemed most favorable was a high speed limited access. However, Mr. Mercier continued, the Board of County Commissioners took that issue off the table as it was not favorable to the businesses. Director Kersten added that there will be a workshop early in the project and a public hearing will be held later. Deputy Mayor Wilhite added that there was no problem with the quality of the previous work just the conclusions drawn at the end of the study that caused issues with the business community. Director Kersten added that that issue resulted in a change and revision of the EiS. Mayor DeVleming invited public comment. Dick Behm, 9405 East Sprague: said he won't reiterate when he recently sent in his e-mail, that he wished he had known about the public comment period for tonight as he would have brought others, especially U.S. Attorney McDevitt who filed the previously mentioned lawsuit, which was strictly based on environmental impact; that he suggests Mr. Driskell contact Attorney McDevitt; that there was an objection to Jones & Stokes because they did a poor job for the community, although they did what Spokane County wanted them to; that he feels there is a conflict of interest in trying to justify the previous EIS and he asks Council to go back and look at the previous EIS as he feels there are problems in the future as people may challenge this. Councilmember Munson said he supports the motion because the scope of work appears to give an objective look at the environmental issues. Deputy Mayor Wilhite said in review of the company's qualifications, when they were hired by the County they did what Spokane County required of them; she stated that we will present an outline of what we want them to do. Councilmember Flanigan said he has further questions and without an effective bidding process, feels he cannot support the motion at this time. Vote by Acclamation: In Favor: Mayor DcVleming, Deputy Mayor Wilhite, Councilmembers Munson and Schinunels. Opposed: Councilmember Flanigan. Abstentions: None. Motion carried. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve use of $4,337 from the Street Capital Projects Fund to provide additional matching fiords for the SRTC and TI13 grant fiords. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Study Session Minutes 06- 29-4)4 Date Approved by Council; Page 2 of 5 DRAFT 3a. Motion Consideration: Authorize Mayor to Identify Items to be Included in the $500.00 Budget for the Student Advisory Council — Mayor DeVleming It was moved by Mayor DeVleming and seconded by Councilmember Munson to authorize the Mayor or designee, to identify items to be included in the $500.00 budget for the Student Advisory Council. Mayor DeVleming explained that the Student Advisory Council is in place and council previously approved the budget but a process is needed to approve expenditures like notebooks, paper and other supplies. City Manager Mercier added that the intent of this motion is to seek overall council consultation and confirmation that the Mayor or designee is the lead person in supporting the Student Advisory Council and in order to fulfill that role, that he have the ability to identify items of support for council activities, and the approval and billing would appear on claims later on; that this motion is not authorizing the elective official to purchase supplies, but to simply identify someone to take the lead in getting those supplies; and stated that this initiative was funded in a budget amended which was authorized a few months ago where Council set a limit of $500.000. Mayor DeVleming invited public comment. Tony Lazanis remarked that he feels public needs to be made aware of decisions of this nature and that Council is out of line; if they want to give money to the youth the youth should be here to make a presentation. Mayor DeVleming responded that Council always reserves the right to invite public comment. Vote by Acclamation: In Favor: Unanimous: Opposed: None. Abstentions: None. Motion carried. 3b. Gambling Tax Update — Ken Thompson Finance Director Thompson explained that no changes are being proposed, but he wanted to bring some information to Council's attention concerning the gambling tax. Director Thompson said that when the City incorporated, it passed a gambling tax which was different from the County's; that our ordinance changed the tax from 10% net proceeds to 5% of gross proceeds for card tables and pull tabs and punch boards. However, Director Thompson said that the pull tabs and punch board establishments have all underpaid their taxes as they paid 5% of the net instead of the gross; that staff was planning to send a letter of explanation to these entities concerning the correct method to calculate tax owed. Director Thompson said that once the entities realize the correct method, each entity will likely see a three -fold increase in their tax from what they were paying the County, and that this will likely generate numerous phone calls and letters. Councilmember Flanigan said that he could not recall the previous conversation precisely, but thought the original intent was to reduce the gambling tax by 10 to 15% and asked if something would be changed to reflect that. City Manager Mercier added that staff would need to research the legal question of whether pursuing the tax owed is legally defensible. It was council consensus not to send out letters until the matter is further discussed, and to bring this issue back for further council review and discussion. 4. Bicy Helmet Safety Support — Cary Driskell /Cal Walker Deputy City Attorney Driskell went through his PowerPoint presentation explaining the legal issues relating to the proposed helmet law, ending by stating that his greatest concern is as explained in his last slide of issuing citations to children. Police Chief Walker gave his presentation on the policing issues related to the proposed helmet law, adding that no one is anti- helmet, but he is concerned with changing from an educational to an enforcement format because in the latter case, laws must be clear, concise and contain no gray areas. Chief Walker also discussed other concerns such as pre- textual issues and court impact. After further Council discussion, it was decided staff will review the ordinance recently enacted by the City of Spokane, will check with MRSC for possible other examples, and will bring that information back at another council meeting. 5. Library Facilities Update —Nina Regor Via her PowerPoint presentation, Deputy City Manager R.egor gave the highlights of what was discussed at the open house held at the Valley library branch May 27, with approximately 75 people in attendance. She concluded by stating that the next meeting is scheduled for July 21 at which time it is anticipated a recommendation will be submitted to Council for consideration. Study Session Minutes 06-29-04 Page 3 of 5 Date Approved by Council: DRAFT Mayor DeVleming called for a short recess at 7:32 p.m., and reconvened the meeting at 7:40 p.m. 6. Spalding Towing Contract — Cary Driskell Deputy City Attorney Driskell said that the towing contract is anticipated to have limited application and would probably be used in towing 10 -20 vehicles per year, recognizing there are likely more vehicles in the first year due to the current backlog of junk vehicles. It was Council consensus to place the proposed contract on the next regular session for approval consideration. 7 Policy Issues Concerning Possible New City Hall —Nina Rector Deputy City Manager Regor explained that one of the projects on the 2004 work plan is to develop and evaluate options for a City Hall. Ms. Regor then went over her PowerPoint presentation, and ended with several questions for council consideration. City Manager Mercier mentioned staff is not looking for choices tonight but more of a sense of preference; and it was suggested that Councilmembers mark their initial preferences and give that information to staff who will collate the data and return the information to Council. After discussion concerning location, cost effectiveness of leasing versus owning, retrofitting buildings, owning a building and leasing space to others, it was decided that Deputy City Manager Regor will compile council written comments and bring those comments back in July or August. Deputy City Manager Regor mentioned she will also e-mail today's PowerPoint presentation to Councilmembers Taylor and Denenny. 8. Clear View Triangles — Marina Sukup/Neil Kersten Community Development Director Sukup discussed the accompanying June 15 memo from Don Ramsey regarding intersection sight triangles, went through the PowerPoint presentation, followed by discussion from Public Works Director Kersten concerning the nuisance ordinance, and development of standards. Council then discussed gathering additional information concerning the adoption of the setbacks, how many intersections this would affect, violations, high traffic areas, permitting fences, staff workload particularly for code enforcement, and overall safety issues. It was Council consensus that staff work on this issue and bring back for further review and discussion and a proposal to address enforcement and code compliance. 9. Wastewater Issues — Neil Kersten Public Works Director Kersten went over the issues as addressed on his June 29, 2004 Request for Council Action form. He mentioned that staff is meeting tomorrow with the UAA group to further discuss this issue and said that there will be another DOE meeting mid -July. Director Kersten said they are examining ways of including the UAA study as part of the process and of what the actual timeline is, that at this point nothing is finalized but hopes to have more information within the next few months. Director Kersten also said that the Regional Governance Committee has made no commitment and nothing is decided yet and likely nothing will move ahead until a decision is made on the concept of a regional wastewater system. Director Kersten also brought attention to Bruce Rawl's June 11 memo explaining the changes in the proposed interlace' agreement, and mentioned that there were significant changes in items 4, 6, 7, 8 and 9; and that at a future council meeting, staff will show the comparisons of the two agreements (the issues we wanted included and what the County wanted included). 10. Public Input Procedure /Permitting Activities — Marina Sukun. Informational item only 1 1 . Advance Agenda Additions Mayor DeVleming mentioned he would like to see the issue of scooters added to the advance agenda. 12. Council Check in. — no issues to address Study Session Minutes 06 -29 -04 Paec 4 of 5 Date Approved by Council: DRAFT I3. City Manaeer Comments City Manager Mercier stated that at last Saturday's retreat, there was discussion on putting an issue on the primary ballot, and due to the narrow timeline in which to do so, will add a potential motion for next meeting, whether to include a ballot issue concerning financing connection with the STEP program. There being no further business, the meeting adjourned at 9:00 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Study Session Minutes R4 -29 -04 Page 5 of 5 Date Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 6 -22 -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 June 22 2004: $ 448,822.70 Voucher listing total for June 25, 2004: $1,540,484.48 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims vouchers as listed above BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists vchlist 06/22/2004 1:53:05PM Bank code : apbank Voucher 4938 4939 4940 4941 4942 4943 4944 4945 4946 4947 4948 4949 Date Vendor 6/22/2004 000170 6/22/2004 000197 6/22/2004 000335 6/22/2004 000037 1ST LINE 1ST AID INC AIR ALTON'S TIRE AMERICAN LINEN Invoice 8699 66216 06 -83594 411103 419916 6/22/2004 000520 AMERICAN MEDICAL RESPONSE AM 052004 6/22/2004 000530 ATTN: JOSEPH GELLAHY 6/22/2004 000030 AVISTA UTILITIES 6/22/2004 000524 BABB, MYROSLAVA 6/22/2004 000538 BACON CONCRETE, INC. 6/22/2004 000497 BANK OF NEW YORK 6/22/2004 000534 BOYD, ROBIN 6/22/2004 000101 CDWG N D79564 NH84142 NL65194 Voucher List Spokane Valley 06/18/04 2004 06/18/04 06/18/04 55873 - 589094 06/18/04 PO # 40184 Description /Account CPR CLASSES FRO TEMP REC Total : EMPLOYEE BACKGROUND CHE( Total : VEHICLE OIL CHANGE FLOOR MAT SERVICE FLOOR MAT SERVICE AMBULANCE GUIDES Total : Total : Total : REFUND DEPOSIT FOR SHELTEI Total : STREET LIGHTING /SIGNAL POW Total : REFUND FOR SUMMER CAMP Total : ROW CONSTRUCTION PERMIT F Total : ADMINISTRATION FEE BONDS Total : REFUND DAMAGE DEPOSIT FOF Total : SMALL TOOLS & MINOR EQUIPN 40156 PRINTER INK CARTRIDGES 40183 SMALL TOOLS & MINOR EQUIPN Page: 1 Amount 30.00 30.00 225.00 225.00 23.12 23.12 69.40 69.40 138.80 10.00 10.00 50.00 50.00 18,092.31 18,092.31 20.00 20.00 50.00 50.00 301.75 301.75 50.00 50.00 213.25 168.51 915.27 Page: 1 vchlist 06/22/2004 1:53:05PM Bank code : apbank Voucher Date Vendor 4949 6/22/2004 000101 000101 CDWG 4950 6/22/2004 000109 COFFEE SYSTEMS INC 4951 6/22/2004 000498 CONDRON CONSTRUCTION 4952 6/22/2004 000035 CORPORATE EXPRESS 4953 6/22/2004 000284 CRUCIAL TECHNOLOGY Invoice 21464 21748 052004 52529908 52529959 j Voucher List Spokane Valley 206110970 4955 6/22/2004 000136 DEPARTMENT OF INFO SERVICES, : 2004050235 4957 6/22/2004 000246 EAST SPOKANE WATER DIST #1 02051000 4958 6/22/2004 000540 EWU PLANETARIUM, JENNY LOVE S 06/10/04 (Continued) 4954 6/22/2004 000537 DAVID EVANS AND ASSOCIATES, IN MPIC0000 -0014 4956 6/22/2004 000152 DEPARTMENT OF TRANSPORTATIO RE- 313- atb40210076 RE- 313- ATB40210076 RE- 313- ATB40511078 RE- 313- ATB405111079 PO# 40157 40157 Description /Account COFFEE COFFEE BOND DEPOSIT REFUNDS OFFICE SUPPLIES OFFICE SUPPLIES WATER SERVICE DAY CAMP FIELD TRIP Total : Total : Total : Total : 40158 SMALL TOOLS & EQUIPMENT (M Total : STRUCTURAL CONDITION REPC Total : 40132 SOFTWARE LICENSINGIUPGRA[ Total : REIMB. ROADWAY MAINT. OFF ; REIMB TRAFFIC SVCS MAINT OF REIMB TRAFFICE SVCS MAINT C REIMB ROADWAY MAINT OFF S' Total : Total : Total : 4959 6/22/2004 000532 FRLAND, KIM 06/18/04 REFUND DAMAGE DEPOSIT FOF Total : Page: 2 Amount 1,297.03 144.34 77.14 221.48 2,000.00 2,000.00 70.10 834.60 904.70 118.90 118.90 135.00 135.00 106.54 106.54 22, 367.74 882.91 907.63 6,238.94 30,397.22 490.00 490.00 45.00 45.00 50.00 50.00 Page: 2 vchlist 06/22/2004 1:53:05PM Bank code : apbank Voucher 4960 4961 4962 4963 4964 4965 4966 4967 4968 4969 4970 4971 Date Vendor 6/22/2004 000531 6/22/2004 000171 6/22/2004 000533 6/22/2004 000002 6/22/2004 000009 HEWLETT - PACKARD COMPANY, PUI 36067588 6/22/2004 000259 HUMANIX 6/22/2004 000137 HUPPIN'S HI -FI, PHOTO & VIDEO 6/22/2004 000220 ICMA 6/22/2004 000022 INLAND BUSINESS PRODUCTS, INC. 51169 51227 INLAND POWER AND LIGHT CO 06/18/04 INTERNATIONAL CODE COUNCIL 0786642 -IN 0787857 -IN 6/22/2004 000353 INTERNATIONAL TRADE ALLIANCE 07/01/04 6/22/2004 000070 6/22/2004 000288 FUNSETH, PAM GEIGER CORRECTIONS CENTER GREENE, JEAN H & H BUSINESS SYSTEMS Invoice Voucher List Spokane Valley 06/18/04 06/18104 06/18/04 121289/121243/121124 138784 S1268860 829955 PO # 40146 Description /Account REFUND SHELTER DAMAGE DEI Total : GEIGER CORRECTIONS CONTRA Total : REFUND DAMAGE DEPOSIT FOF Total : MONTHLY COPIER CHARGES Total : COMPUTER HARDWARE Total : HUMANIX STAFFING SUPPORT Total : 40159 DIGITAL CAMERA AND BAG Total : SUBSCRIPTIONS Total : NEW EMPLOYEE PHOTO CARD ID BADGES Total : STREET LIGHTING /SIGNAL POW Total : 40161 BUILDING CODE PUBLICATIONS 40113 BUILDING CODE PUBLICATIONS Total : CITY OF SPOKANE VALLEY CON Total : Page: 3 Amount 50.00 50.00 12,242.80 12,242.80 50.00 50.00 103.27 103.27 3,869.98 3,869.98 43.71 43.71 332.28 332.28 29.95 29.95 17.30 17.30 34.60 372.52 372.52 221.24 55.49 276.73 3,500.00 3,500.00 Page: 3 Voucher 4972 4973 4974 4975 4976 4977 4978 4979 4980 4981 4982 vchlist 06/22/2004 1:53:05PM Bank code : apbank Date Vendor 6/22/2004 000388 IRVIN WATER DIST. #6 6/22/2004 000492 KERSHAW'S INC. 6/22/2004 000010 KINKO'S INC. 6/22/2004 000523 LASER QUEST 6/22/2004 000033 MCPC 6/22/2004 000526 MICHAELIS, ELISABETH 6/22/2004 000258 MICROFLEX INC. 6/22/2004 000132 6/22/2004 000239 6/22/2004 000193 6/22/2004 000058 Invoice MODERN ELECTRIC WATER COMP/ NORTHWEST BUSINESS STAMP 49048 49059 NORTHWEST CHRISTIAN SCHOOLS July2004 OCCUPATIONAL MEDICINE, ASSOC!, 06/18/04 451864 Voucher List Spokane Valley 112500.0 011K1372 289700054286 06/18/04 4539296 - 4547966 06/18/04 00015006 4983 6/22/2004 000036 OFFICE DEPOT CREDIT PLAN 248663577 -001 248663577 -002 248670775 Page: 4 PO # Description/Account Amount WATER SERVICE 165.00 Total : 165.00 40142 OFFICE SUPPLIES 12.97 Total : 12.97 COPYING COSTS 19.24 Total : 19.24 40195 DAY CAMP FIELD TRIP 194.58 Total : 194.58 CUBICLE REORGANIZATION CH, 17,385.42 Total : 17,385.42 REFUND FOR SUMMER CAMP 50.00 Total : 50.00 BUSINESS REGISTRATION SERA 165.52 Total : 165.52 COMM /STREET LIGHTING POWE 8,407.13 Total : 8,407.13 40165 OFFICE SUPPLIES 14.38 40165 OFFICE SUPPLIES 65.89 Total : 80.27 RENT FOR JULY 2004 22,738.68 Total : 22,738.68 EMPLOYMENT EXAM AND LAB F 339.00 EMPLOYMENT EXAMS 101.00 Total : 440.00 SMALL TOOLS & EQUIPMENT 43.35 SMALL TOOLS & MINOR EQUIPN 193.80 40168 SMALL TOOLS & MINOR EQUIPN 21.59 Page: 4 vchlist 06/22/2004 1:53:05PM Bank code : apbarik Voucher Date Vendor 4983 6/22/2004 000036 OFFICE DEPOT CREDIT PLAN 4984 6/22/2004 000307 OFFICE OF THE STATE TREASURER 052004 4985 6/22/2004 000512 OFFICETEAM 4986 4987 4988 4989 4990 4991 4992 4993 6/22/2004 000527 OLSON, SHARI 6/22/2004 000528 PACHECO, MARISSA 6/22/2004 000119 PIP PRINTING 6/22/2004 000029 PITNEY BOWES CREDIT CORP. Voucher List Spokane Valley Invoice (Continued) 249247273 -001 249447832 -001 249448057 11264601 11290863 06/18/04 06/18/04 1330027158 5618533 -APO4 6/22/2004 000092 PLANNING ASSOCIATION, OF WASH 2004 -14 6/22/2004 000494 PRO PEOPLE STAFFING SERVICES IN- 155340 6/22/2004 000341 RICOH CORPORATION 04075088978 6/22/2004 000003 ROYAL BUSINESS SYSTEMS 307357 PO # 40187 40187 40191 40168 Description /Account C0705, #105 11 1/2 x 14 1/2" 32 lb. OFFICE SUPPLIES OFFICE SUPPLIES STATE REMITTANCES Total : Total : STAFFING ASSISTANCE TEMPORARY EMPLOYMENT SEF Total : REFUND DEPOSIT FOR SHELTEI Total : REFUND DEPOSIT FOR SHELTEI Total : PRINTING BUSINESS CARDS Total : COPY EQUIPMENT RENTAL Total : CONFERENCE REGISTRATION Total : STAFFING SERVICES COPY CHARGES Total : COPIER MAINTENANCE CHARGE Total : Total : Page: 5 Amount 173.25 26.20 11.99 470.18 49,739.02 49,739.02 293.29 271.01 564.30 50.00 50.00 50.00 50.00 122.41 122.41 447.53 447.53 150.00 150.00 449.92 449.92 893.99 893.99 275.86 275.86 vchlist 06/2212004 1:53:05PM Bank code : apbank Voucher Date Vendor 4994 6/22/2004 000356 SEMINARS & CO 4995 6/22/2004 000510 SPOKANE COMMUNITY COLLEGE 06/18/04 4996 6/22/2004 000172 SPOKANE COUNTY ENGINEER 4997 6122/2004 000090 SPOKANE COUNTY INFORMATION, ; 40753 4998 6/22/2004 000308 SPOKANE COUNTY PROSECUTING, 052004 4999 6/22/2004 000001 SPOKANE COUNTY TREASURER 052004 5000 6/22/2004 000424 SPOKANE COUNTY UTILITES, STOR 5/14/04 5001 6/22/2004 000323 SPOKANE COUNTY UTILITIES 017022 5002 6/22/2004 000273 SPOKANE REGIONAL, TRANSPORT! TS -1247 5003 6122/2004 000081 STATE OF WA, DEPART OF REVENU 06/18/04 5004 6/2212004 000525 5005 6/22/2004 000398 5006 6/22/2004 000093 STEFFENHAGEN, MARGO TAN MOORE ARCHITECTS THE SPOKESMAN - REVIEW Invoice 65 06/18/04 request6 42611 Voucher List Spokane Valley PO # Description /Account STUDY GUIDE Total : 40179 SPOKANE COMMUNITY RESOUC Total : 04 -23 STREET MAINTENANCE CONTRs Total : IT/TECHNICAUGIS SERVICES Total : CRIME VICTIMS REMITTANCE Total : TAXES FOR CITY OWNED PROP Total : HILLVIEW ACRES INV. #2 - FINAL Total : SEWER CHARGES FOR PARKS Total : PUBLIC WORKS SOFTWARE Total : EXCISE TAX RETURN Total : REFUND FOR SUMMER CAMP DI Total : PROJECT COORDINATION CHAF Total : ADVERTISING Total : Page: 6 Amount 69.00 69.00 37.84 37.84 227, 84 5.21 227,845.21 5,327.52 5,327.52 717.33 717.33 4,158.37 4,158.37 4,403.60 4,403.60 681.49 681.49 10,004.66 10,004.66 654.85 654.85 90.00 90.00 11,661.49 11,661.49 241.34 241.34 Page: 6 vchlist 06/22/2004 1:53:05PM Bank code : apbank Voucher Date Vendor 5007 6/22/2004 000486 TOWN & COUNTRY BUILDERS INC PMREF -01 5008 6/22/2004 000177 U.S. POSTAL SERVICE 5009 6/22/2004 000535 URBAN INSIGHT, INC. 5010 6/22/2004 000167 VERA WATER & POWER 5011 6/22/2004 000023 VERISIGN, INC. 5012 6/22/2004 000539 VIETZKE EXCAVATING 5013 6/22/2004 000066 WEST COAST PAPER 5014 6/22/2004 000089 XO COMMUNICATIONS 5015 6/22/2004 000529 YOCUM, MARCIA 78 Vouchers for bank code : apbank 78 Vouchers in this report Invoice Voucher List Spokane Valley 061704 06/18/04 06/18/04 3300200012 06/18/04 3763490 0104125182 06/18/04 PO # 40199 40180 Description /Account REFUND FOR BUILDING PERMIT Total : JULY SC NEWSLETTER Total : ADVERTISING Total : STREET LIGHTING POWER CHA Total : ON -LINE TRANSACTION SERVIC Total : ROW CONSTRUCTION PERMIT F Total : OFFICE SUPPLIES TELEPHONE SERVICES Total : Total : REFUND FOR SUMMER CAMP Total : Bank total : Total vouchers : Page: 7 Amount 227.90 227.90 150.15 150.15 119.85 119.85 2,365.53 2,365.53 59.95 59.95 41.00 41.00 61.45 61.45 1,285.46 1,285.46 84.00 84.00 448,822.70 448,822.70 vchlist 06122/2004 1:53:05PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 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: 8 Spokane Valley Page: 8 vchlist 06/25/2004 3:50:52PM Bank code : apbank Voucher Date Vendor 5016 6/25/2004 000212 ATTORNEY & NOTARY SUPPLY 48095 48096 5017 6/25/2004 000030 AVISTA UTILITIES 06/25/04 5018 6/25/2004 000547 BATES, NANCY 5019 6/25/2004 000242 CAMPREGISTER.COM 5020 6/25/2004 000209 CENIS, DANIEL 5021 6/25/2004 000035 CORPORATE EXPRESS 5022 6/25/2004 000284 CRUCIAL TECHNOLOGY 5023 6/25/2004 000059 DEVLEMING, MICHAEL 5024 6/25/2004 000246 EAST SPOKANE WATER DIST #1 5025 6/25/2004 000553 FALCON ASSOCIATES, INC. 5026 6/25/2004 000028 FARMERS & MERCHANTS BANK Invoice Voucher List Spokane Valley 06/25/04 06/16/04 234 06/25/04 52769805 52794531 94506950 -001 206078009 06/25/04 09066100 122141 06/25/04 PO 1/ 40181 40181 40177 40157 40157 40194 Description/Account NOTARY SUPPLIES NOTARY SUPPLIES ELECTRICAL CHARGES - PARKS Total : REFUND CAMP SESSIONS ON -LINE REGISTRATIONS MISCELLANEOUS REIMBURSEM Total : OFFICE SUPPLIES SMALL TOOLS & MINOR EQUIPN OFFICE SUPPLIES 40148 SMALL TOOLS & MINOR EQUIPN Total : TRAVEL REIMBURSEMENT WATER SERVICE ADVERTISING CREDIT CARD CHARGES Total : Total : Total : Total : Total : Total : Total : Total : Page: 1 Amount 65.28 65.28 130.56 191.50 191.50 135.00 135.00 95.00 95.00 20.00 20.00 89.55 914,06 103.37 1,106.98 272.39 272.39 318.75 318.75 155.85 155.85 135.00 135.00 3,300.36 3,300.36 1 vchlist 06/25/2004 3:50:52PM Bank code : apbank Voucher 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 Date Vendor 6/25/2004 000002 H & H BUSINESS SYSTEMS 6/25/2004 000552 HANSON, TERI 6/25/2004 000546 HOGG, TRACI 6/25/2004 000022 INLAND BUSINESS PRODUCTS, INC. 51266 6/2512004 000275 KERSTEN, NEIL 6/25/2004 000033 MCPC 6/25/2004 000069 6/25/2004 000551 6/25/2004 000549 6/25/2004 000062 6/25/2004 000240 MERCIER, DAVID MILLAN, ESTEBAN MOBILE OFFICE VEHICLE, INC. MUNSON, RICHARD NATIONAL LEAGUE OF CITIES Invoice 121325 06/25/04 06/25/04 06/25/04 4564568 4564936 4565425 06/25/04 06/22/04 04 -34397 06/25/04 20019065 l Voucner List Spokane Valley 6/25/2004 000058 OCCUPATIONAL MEDICINE, ASSOCI. 452870 6/21/04 PO # 40164 40182 40186 Description /Account COPY CHARGES DAY CAMP REFUND EMPLOYEE ID CARDS RIEMBURSEMENT OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES MISC. REIMBURSEMENT TRAVEL REIMBURSEMENT MEMBERSHIP DUES EMPLOYMENT EXAMS Total : Total : REFUND PLAY CAMP SESSION Total : Total : Total : Total : Total : REFUND DEPOSIT ON SHELTER Total : SMALL TOOLS & MINOR EQUIPIV Total : Total : Total : Total : Page: 2 Amount 7.78 7.78 168.00 168.00 45.00 45.00 71.35 71.35 146.30 146.30 114.05 117.84 288.91 520.80 798.64 798.64 50.00 50.00 659.80 659.80 300.00 342.96 5,504.00 5,504.00 101.00 101.00 Page: 2 vchlist 06/2512004 3:50:52PM Bank code : apbank Voucher 5039 5040 5041 5042 Date Vendor 6/25/2004 000512 OFFICETEAM 6/25/2004 000554 6/25/2004 000494 OHIO NATIONAL FINANCIAL SERV. 6704478 PRO PEOPLE STAFFING SERVICES IN- 155528 6/25/2004 000322 QWEST 5043 6/25/2004 000024 RESOURCE COMPUTING INC. 5044 6/25/2004 000415 ROSAUERS U -CITY 5045 6/25/2004 000230 5046 6/25/2004 000172 5047 6/25/2004 000090 5048 SPOKANE CNTY AUDITORS OFC, RE 06/03/04 SPOKANE COUNTY ENGINEER SPOKANE COUNTY INFORMATION, : 40788 6/25/2004 000001 SPOKANE COUNTY TREASURER 5049 6/25/2004 000500 TOSHIBA Invoice 11330691 Voucher List Spokane Valley 509 -921 -6787 511B 509 -922 -7091 4046 36292A 36374 544954 5554826 04 -23 6/25/04 04 -24 June, 2004 May, 2004 1831989 1832341 PO U 40173 Description /Account TEMPORARY EMPLOYMENT SEF Total : LIFE INSURANCE Total : TEMPORARY LABOR SERVICES Total : TELEPHONE SERVICES TELEPHONE SERVICE IT SUPPORT IT SUPPORT MEETING SUPPLIES COUNCIL MEETING SUPPLIES Total : RECORDING FEES Total : Total : Total : STREET MAINTENANCE SERVIC ENGINEERING SERVICES CONTI Total : PROGRAMMING SERVICES Total : COUNTY CONTRACT SERVICES COUNTY CONTRACT SERVICES Total : WARRANTY 40173 SMALL TOOLS & MINOR EQUIPN Page: 3 Amount 616.28 616.28 857.50 857.50 562.40 562.40 38.22 250.06 288.28 5,188.80 3,243.00 8,431.80 119.60 38.24 157.84 490.00 490.00 182,026.22 121,451.22 303,477.44 6,103.31 6,103.31 1,197,843.83 5,543.93 1,203,387.76 151.30 195.92 3 vchlist 06/25/2004 3:50:52PM Vou`cner List Page: 4 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 5049 6/25/2004 000500 000500 TOSHIBA (Continued) Total: 347.22 5050 6/25/2004 000177 U.S. POSTAL SERVICE 06/25/04 POSTAGE 1,000.00 Total : 1,000.00 5051 6/25/2004 000025 UNISOURCE CORPORATION 657 21199190 40192 PAPER 275.66 Total : 275.66 5052 6/25/2004 000167 VERA WATER & POWER 06/25/04 STREET LIGHTING POWER/WAT 74.79 Total : 91.97 5053 6/25/2004 000548 WA CHAPTER AMERICAN PLAN. AS 3106 ADVERTISING 75.00 Total : 75.00 5054 6/25/2004 000529 YOCUM, MARCIA 06/23/04 PLAY CAMP REFUND 45.00 Total : 45.00 39 Vouchers for bank code : apbank Bank total : 1,540,484.48 39 Vouchers in this report Total vouchers : 1,540,484.48 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 dairn 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 Page: 4 Meeting Date: 7- 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 : Payroll for Period Ending June 30, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: STAFF CONTACT: Daniel Cenis CITY OF SPOKANE VALLEY Request for Council Action BUDGET /FINANCIAL IMPACTS: Payroll for period ending 06- 30 -04: Salary: $ 99,933.25 Benefits: $ 46,999.13 $146,932.38 ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 07 -13 -2004 City Manager Sign -off: Item: Check all that apply: ❑ consent old business x new business ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Ordinance authorizing an election and property tax levy for street debt for $6,000,000 in capital improvements. GOVERNING LEGISLATION: The City desires to use bond sale proceeds for street capital improvements in conjunction with Spokane County's Septic Tank Elimination Program (STEP). Washington code 35A.40.090, requires an election to authorize the sale of $6 million in bonds for street capital improvements as part of the County's Septic Tank Elimination Program, with funding provided by a special property tax levy of $.21/m of taxable value each year, for six years. PREVIOUS COUNCIL ACTION TAKEN: At the June 26, 2004 retreat, the City Council discussed asking Spokane Valley voters to authorize the sale of up to $6 million in bonds to pay for street capital improvements as part of the Spokane County Septic Tank Elimination program. Discussion also took place regarding voter approval of a property tax of $.21 /thousand dollars of taxable value to pay debt service on this program. The City Council asked staff to provide an ordinance at the July 13, council meeting so these issues could be considered. BACKGROUND: Spokane County's (County) Septic Tank Elimination Program will be constructing sewer lines under Spokane Valley's (City) streets, to eliminate septic tanks and the discharge of septic waste into the aquifer which provides drinking water to thousands of Spokane Valley citizens. Once the sewer lines are installed, the County will repave part of the street where there are sewer trenches. The City's proposed bond sale would provide funding to install curb -to -curb asphalt which would complete the street paving and provide new streets for neighborhoods. This financing plan would provide $6 million over six years to pay for curb -to -curb asphalt. Property owners would pay approximately $.21 per thousand dollars of taxable value to support this program with tax receipts set aside in a dedicated fund for use only on street capital improvements. The $6 million in debt would likely be borrowed in increments of $1 million each spring and repaid during the winter when property tax receipts are distributed to the City. This approach results in a pay -as- you -go method of funding these capital improvements. The additional property tax of $.21 per thousand dollars of taxable value would offset the savings that resulted when Spokane Valley incorporated and the County road tax levy of $1.81/m was replaced with a City general tax levy of $1.60 /m. The $.21/m of taxable value levy would provide about $900,000 a year for these capital improvements. The City's needs are greater than $900,000 a year but the $.21 levy keeps the overall levy at, or below the tax rate prior to incorporation. This program could begin in 2005 if voters approve the measure in September of this year. The attached ordinance would place the measure on the ballot on September 14. State law requires a City voter turnout at least equal to 40% of those voting in the last general election (15,429 voters in Nov. 2003 times 40% = 6,172). A 60% yes vote of those voting is also required. The County Board of Commissioners must approve placement of a measure on a ballot, and send that authorization to the County elections office at least 45 days prior to the election date. Thus, our best opportunity to keep the ballot measure moving forward is to pass the ordinance on July 13. This may require suspending the rule that ordinances be read on two occasions. OPTIONS: 1) Pass the ordinance placing the measure on the ballot on September 14; 2) Do not pass the ordinance and accept the asphalt patch work as the best approach the City can afford; 3) Adopt an ordinance placing the measure on the ballot in November. RECOMMENDED ACTION OR MOTION: A motion to pass the ordinance placing the ballot measure on the ballot in September is suggested. BUDGET /FINANCIAL IMPACTS: A 21 cent property tax levy for six years will generate about $900,000 each year to pay for curb -to -curb paving. Curb -to -curb paving will extend the life of Spokane Valley streets and reduce maintenance costs in future years. STAFF CONTACT: Ken Thompson, Finance Director and/or Neil Kersten, Public Works Director. General Obligation Bonds: Street Capital Improvements Spokane Valley Council Meeting July 13, 2004 $6 Million Curb to curb asphalt e Capital Improvements - Streets L' In conjunction with County's Septic Tank Elimination Program • Tax levy of $.21/$1,000 of taxable value r, Keeps tax rate at or below pre - incorporation GI Borrow $1 million in the Spring ✓ Repay in Fall/Winter n Tax levy sunsets in 6 years r. Could start in 2005 if approved in September Pay As You Go 1 Requirements r- City Ordinance processed on July 13 u Need 40% of the # of voters that voted in November 2003 (15,429 x 40% = 6,172) n 60% of those voting must vote yes 2 Taxes restricted to Street Capital Improvements 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, OF SPOKANE COUNTY, WASHINGTON, DESCRIBING CERTAIN CAPITAL IMPROVEMENTS TO BE MADE TO CERTAIN STREETS WITHIN THE CITY FOR THE BENEFIT OF THE CITY AND SURROUNDING AREA AND DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL OF THE TAXABLE PROPERTY WITHIN THE CITY; PROVIDING FOR THE SUBMISSION OF THE PROPOSED PLAN AND THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 14, 2004; REQUESTING THE AUDITOR OF SPOKANE COUNTY TO DECLARE AN EMERGENCY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF SPOKANE VALLEY Spokane County, Washington K14 61 4 21 0 0 00a114C01M N391Z 7111043:21 PM BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, of Spokane County, Washington, as follows: WHEREAS, the City of Spokane Valley, of Spokane County, Washington (hereinafter designated the "City "), is a duly incorporated City operating under and by virtue of the laws of the State of Washington; WHEREAS, the City Council (the "Council ") of the City desires to authorize and acquire certain capital improvements to streets, sidewalks, curbs, and gutters for the benefit of the residents of the City; WHEREAS, in order to provide the funds to make such improvements, the Council has deemed it necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $6,000,000; WHEREAS, .RCW 35A.40.090 requires that an election be called for the submission of a proposition to the qualified electors within said City for their ratification or rejection prior to incurring said bonded indebtedness; WHEREAS, the City will notify the Auditor of Spokane County, Washington, in compliance with RCW 29.13, as amended, of its intention to hold a special election on Tuesday, September 14, 2004, to submit the proposition of the issuance of general obligation bonds to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY DO ORDAIN as follows: Section 1: The Council hereby determines that the welfare of the residents of the City requires the acquisition, construction and installation of certain capital improvements and betterments to certain of the area's streets and roads, together with all necessary appurtenances and f - tures. These improvements will be made in conjunction with the Spokane County Septic Tank Elimination Program. Section 2: The proposed capital improvements to be acquired, constructed, installed, and paid for with the proceeds of the bonds, are as follows: (a) The acquisition, construction and installation of road improvements, including repaving and installation of curbing, sidewalks, and gutters; and (b) Ancillary costs of engineering and attorney fees, bond costs, incidental costs and costs related to the sale and issuance of the bonds, permits, utilities, accounting costs, and any other expenses or consultant fees incidental thereto. it in the opinion of the Council, the needs of the City change in a manner that results in a circumstance wherein any portion of the above - referenced capital improvements are not required, the Council retains the right not to construct such capital improvements and to reallocate the money originally contemplated therefor to other street improvements deemed more necessary by the Council. Section 3: The total estimated cost of acquiring, constructing and installing said capital improvements is hereby declared to be approximately $6,000,000.00, which shall be paid in part, if authorized and empowered by the approving vote of the qualified electors of the City, by the issuance and sale of unlimited tax general obligation bonds of the City, in the principal amount not to exceed $6,000,000, the balance of the cost of the project, if any, to be paid with other legally available funds, including Spokane County funds and the City of Spokane Valley Street Capital Funds. The Council is committed to issue bonds only in a plan that will require a tax equal to, or less than $0.21 /$1,000 of assessed value of real property located within the boundaries of the City. In the event the City has other legally available funds, or there are bond proceeds remaining after the capital improvements set forth in Section 2 have been completed or duly provided for, the Council retains the right to make additional street capital improvements to the facilities of the City as found necessary by the Council or the City may use the money to pay a portion of the debt service on the Bonds authorized herein. Section 4: The Bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Council and as permitted by law, shall bear interest at such rate or rates (not to exceed the maximum provided by law at the time such Bonds are sold) and in such manner as the Council shall determine at the time the Bonds are sold, and shall mature within a maximum term of six (6) years from date of issue, in such amounts as shall be determined by the Council, but may mature at an earlier date or dates, as authorized by the Council and as provided by law. Said Bonds shall be unlimited tax general obligations of the City and, unless paid from other sources, both principal and interest thereon shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount, with the understandings set forth herein. The exact date, form, terms, and maturities of said Bonds shall be as hereafter fixed by ordinance of the Council. In the event the proceeds of the sale of said Bonds, plus any or all of the moneys above - described, are insufficient to make all of the capital improvements and purchases provided for, the City shall use the available funds for paying the cost of those capital improvements for which Bonds were approved and deemed by the Council to be most necessary and in the best interest of the City by the Council. Section 5: The Council hereby requests that a Special Election be called, conducted and held within the City on Tuesday, September 14, 2004 for the purpose of submitting to the qualified electors of the City, for their ratification or rejection, the proposal to acquire, construct and install said capital improvements and to incur such indebtedness and issue said Bonds. Section 6: The proposition to be certified to the Spokane County Auditor by the City Clerk shall be in substantially the following form: PROPOSITION NO. CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS, 2004 - $6,000,000 TO PAY FOR CERTAIN STREET IMPROVEMENTS, SHALL THE CITY OF SPOKANE VALLEY ISSUE AND SELL NOT MORE THAN $6,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS TO IMPROVE CERTAIN STREETS WITHIN THE BOUNDARIES OF THE CITY? SAID BONDS WILL BE PAYABLE, BOTH PRINCIPAL AND NI JREST, FROM ANNUAL TAX LEVIES IN EXCESS OF REGULAR PROPERTY TAX LEVIES AND MATURE WITHIN A MAXIMUM TERM OF SIX (6) YEARS FROM DATE OF ISSUE, AS PROVIDED IN ORDINANCE NO. ADOPTED ON JULY 13, 2004. INSTRUCTIONS TO VOTERS To vote IN FAVOR OF the foregoing Proposition, mark a cross (X) in the "BONDS, YES" square. To vote AGAINST the foregoing Proposition, mark a cross (X) in the "BONDS, NO" square. BONDS, YES ❑ BONDS, NO ❑ Section 7: Said Election will be held on Tuesday, September 14, 2004. Polls will be open from 7:00 o'clock A.M. and will remain open until 8:00 o'clock P.M., when they will close. Section 8: The location of the polling places shall be as determined by the Spokane County Auditor, as ex officio Supervisor of Elections for the City. Section 9: In the event the above proposition is approved by the qualified electors of the City, there shall be levied and collected annual tax levies in an amount sufficient in each such year during the life of said Bonds, and until the full payment of both principal and interest on said Bonds, as will produce levy proceeds sufficient in amount to fully pay currently maturing installments of principal and interest on said Bonds. Said tax levies will be in excess of the regular annual tax levies permitted by law. Section 10: It is hereby found and declared that an emergency exists, due to a need for certain street improvements for the benefit of the residents of the City, which emergency requires the submission to the qualified electors of the City, for their ratification or rejection at said special election, of the proposition of whether or not the City shall issue said unlimited tax general obligation bonds. The Clerk of the City is hereby authorized and directed to deliver a copy of this Ordinance to the Spokane County Auditor, as ex officio Supervisor of Elections for the City. The Spokane County Auditor, as ex o Supervisor of Elections, is hereby requested to also find the existence of such emergency, to deem the same to exist, to call and conduct said Special Election on Tuesday, September 14, 2004, and to submit to the qualified electors of the City the proposition as set forth above. Section 11: A Notice of Special Election shall be published at least once, which publication shall take place not more than seven (7) nor less than three (3) days prior to the date of said Special Election. Said publication shall be in a newspaper of general circulation within the City. Section l 2: Upon passage and approval of this Ordinance, a summary substantially in the form attached hereto as Exhibit "A" shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after the date of publication. ADOPTED under suspension of rules by the City Council of the City of Spokane Valley on July 13, 2004, upon its first reading. ATTEST: (SEAL) City Clerk APPROVED AS TO FORM Michael C. Ormsby, Bond Counsel Preston Gates & Ellis LLP Cl T Y OF SPOKANE VALLEY, Spokane County, Washington Mayor * * * * * * * * * * * * * ** I, the undersigned, the City Clerk of the City of Spokane Valley, of Spokane County, Washington, hereby certify that the foregoing Ordinance is a full, true and correct copy of an Ordinance duly passed and adopted at a regular meeting of the City Council of said City, duly and regularly held at the regular meeting place thereof on July 13, 2004, of which meeting all members of said Council had due notice, and at which a majority thereof were present; and that at said meeting said Ordinance was adopted by the• following vote: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: ABSTAIN, Council Members: I further certify that I have carefully compared the same with the original Ordinance on file and of record in my office; that said Ordinance is a full, true and correct copy of the original Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. (S E A L) IN WITNESS WHEREOF, I have set my hand and seal on July 13, 2004. City Clerk TITLE OF ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, OF SPOKANE COUNTY, WASHINGTON, DESCRIBING CERTAIN CAPITAL IMPROVEMENTS TO BE MADE TO CERTAIN STREETS WITIN THE CITY FOR THE BENEFIT OF THE CITY AND SURROUNDING AREA AND DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED 56,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL OF THE TAXABLE PROPERTY WITHIN THE CITY; PROVIDING FOR THE SUBMISSION OF THE PROPOSED PLAN AND THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 14, 2004; REQUESTING THE AUDITOR OF SPOKANE COUNTY TO DECLARE AN EMERGENCY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF SPOKANE VALLEY Spokane County, Washington A full text of Ordinance No. is available at the office of the City Clerk of the City of Spokane Valley and will be provided to any citizen upon personal request during normal business hours. ATTEST: (SEAL) APPROVED this 13 day of July, 2004. Exhibit "A" — Page 1 Title for Publication City Clerk CITY OF SPOKANE VALLEY, Spokane County, Washington Mayor I, the undersigned, Bond Counsel for the City of Spokane Valley, Washington, hereby certify that I have read the attached Summary of Ordinance No. of the City, and that the same is true and complete and provides adequate notice to the public of the contents of said Ordinance. DATED as of this 13 day of July, 2004. Exhibit "A" — Page 2 Title for Publication CERTIFICATION OF BOND COUNSEL Michael C. Ormsby CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report Ej pending legislation AGENDA ITEM TITLE: PRESENTATION — Street Vacation Request STV -01 -04 for a portion of 15 Street west of Bettman Road. PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No. 04 -001 (Street Vacations) in January 2004. Council was briefed on the proposed vacation on June 8, 2004. Council introduced the ordinance and advanced it to a second reading on June 22, 2004. BACKGROUND: The Planning Commission conducted a public hearing on STV - - on May 13, 2004. At the close of the public hearing the Commission recommended to the City Council conditional approval of the original street vacation request and also recommended based on staff recommendation the vacation of additional abutting 15 Avenue public right -of -way to the immediate west. The original street vacation request was originally submitted to Spokane County in December 2002, prior to the City's incorporation, and was transferred by Spokane County to the City of Spokane Valley at time of incorporation on March 31, 2003. The request was placed on hold pending the City's development of street vacation policies and procedures. The original request was made by Kurt and Mandee Vigessa, 1420 South Bettman Road (Parcel No. 35243.1041) and Gene and Lana Balch, 1506 South Bettman Road (Parcel No. 35243.1014). The Vigessa parcel abuts the 15 Avenue public right -of -way on the north and the Balch parcel abuts it on the south. The portion of 15 Avenue requested by Vigessa and Balch for vacation measures approximately 60 feet wide by 192.5 long for a total approximate area of 11,550 square feet. At the May 13 public hearing, staff presented a modified recommendation for the remaining portion of 15' Avenue immediately west and abutting the original street vacation request. This portion of 15' Avenue abuts Parcel No. 35243.1048 that is also owned by Kurt and Mandee Vigessa on the north and on the south Parcel No. 35243.1027 that is owned by CC Weyrauch and JH Tucker, 5908 East 15 Avenue. This portion of 15 Avenue measures approximately 50 feet wide by 60 feet long for a total approximate area of 3,000 square feet. The total approximate area of 15 Avenue proposed for street vacation is 14,550 square feet. RECOMMENDATION: Approve the Second and Final Reading of an ordinance vacating a portion of 15 Street for STV- 01 -04, subject to statutory requirements. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Proposed Ordinance DRA CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASIIINGTON ORDINANCE NO. 04 -019 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF 15 AVENUE WEST OF BET MAN ROAD AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council through Resolution initiated the vacation of 15 Avenue West of Beaman Road by providing that a hearing on the proposal to vacate the above street would be held before the Planning Commission on the 13th day of May, 2004 for the purpose of considering whether the vacation is in the public interest; WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above referenced street complies with City Ordinance 04 -002, Section 11(SVMC Chapter 10.05) and includes one or more of the following findings: (1) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WHEREAS, the Planning Commission findings and /or minutes have been filed with the City Clerk as part of the public record supporting the vacation; WHEREAS, fifty percent of the property owners abutting the property to be vacated did not file a written objection to the proposed vacation with the City Clerk; WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each, unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04 -002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Ordinance 04 -019 Street Vacation Page 1 of 3 DRAFT Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall be submitted to the City in accordance with City Ordinance 04- 002, Section 16 (SVMC Chapter 10.05). 2. Fees and Costs associated with the transfer of title to the vacated property shall be paid by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of title transfer to the vacated street. 3. Unless otherwise agreed by the Director of Public Works, a reservation in the form of an easement providing for public utility services shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. Severability. if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of July, 2004. Christine Bainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor Ordinance 04-019 Street Vacation Page 2 of 3 DRAFT 1. That portion of 15 Avenue West of Batman Road abutting Parcels No. 35243.1041 and Parcel No. 35243.1014, being a parcel of approximately 60 feet wide by 192.5 long for a total approximate area of 1 1,550 square feet. 2. That portion of 15 Avenue West of Beaman Road abutting Parcels No. 35243.1048 and Parcel No. 35243.1027, being a parcel approximately 50 feet wide by 60 feet long for a total approximate area of 3,000 square feet. Ordinance 04 - 019 Street Vacation Exhibit "A" Property Description Street Vacation STV -01 -04 Page 3 of 3 Name of Street/Alley . Width (feet) Length (feet) Square Footage Of Proposed Vacation . Custer Street 60 100 6,000 square feet Lloyd Street 60 100 6,000 square feet 12 Avenue 30 1,525 45,750 square feet 13 Avenue 60 330 19,800 square feet Block 2 Public Alley 12 300 3 600 square feet Block 3 Public Alley 12 300 3,600 square feet Block 4 Public Alley 12 300 3,600 square feet CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: PRESENTATION — Street Vacation Request (STV) -02 -04 in the Woodland Terrace Subdivision. PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No. 04 -001 (Street Vacations) in January 2004. City Council was briefed on the proposed vacation on June 8, 2004. Council introduced the ordinance and advanced it to a second reading on June 22, 2004. BACKGROUND: The Planning Commission conducted a public hearing on STV -02 -04 on May 13, 2004. At the close of the public hearing the Commission recommended to the City Council conditional approval of the street vacation request. The applicants for STV -02 -04 are: 1) South Terrace Spokane, LLC, do Brian Main, 12810 East Nora Avenue, Spokane Valley, Washington 99216; 2) Rocky Top, LLC, do Mike Schuler, 5813 East Fourth Avenue, Spokane Valley, Washington 99212; 3) Andrew and Joanne M. Del Pozzi, 4614 East 13 Avenue, Spokane Valley, Washington 99202; and 4) Lindsey Construction, Inc., c!o Greg Stirn, P.O. Box 30792, Spokane, Washington 99223. STV -02 -04 requests the following approximate public right -of -way dimensions located within the Woodland Terrace Plat be vacated: RECOMMENDATION: Approve the Second and Final reading of an ordinance vacating the listed public rights -of -way for STV- 02 -04. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Proposed Ordinance DRA r CITY OF SPOKANE VALLEY SPOKANE COUNTY, WAS.I IINGTON ORDINANCE NO. 04 -020 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF PORTIONS OF 12 13 AVENUE., CUSTER STREET, LLOYD STREET, AND PUBLIC ALLEYS LOCATED IN BLOCKS 2, 3 AND 4, ALL LOCATED WEST OF CHRONICLE ROAD IN THE WOODLAND TERRACE SUBDIVISION AND PRO VI )I 1G FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council through Resolution initiated the vacation of portions of 12 Avenue, 13 Avenue, Custer Street, Lloyd Street, and public alleys located in Blocks 2, 3, and 4, all located West of Chronicle Road in the Woodland Terrace Subdivision by providing that a hearing on the proposal to vacate the above street would be held before the Planning Commission on the 13th day of May 2004 for the purpose of considering whether the vacation is in the public interest; WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above referenced street complies with City Ordinance 04 -002, Section 1 I(SVMC Chapter 10.05) and includes one or more of the following findings: (I) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation; WHEREAS, fifty percent of the property owners abutting the property to be vacated did not file a written objection to the proposed vacation with the City Clerk; WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each, unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04 -002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Ordinance 04 -020 Street Vacation Page I of 3 DRAFT Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall he submitted to the City in accordance with City Ordinance 04- 002, Section 16 (SVMC Chapter 10.05). 2. Fees and Costs associated with the transfer of title to the vacated property shall be paid by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of title transfer to the vacated street. 3. Unless otherwise agreed by the Director of Public Works, a reservation in the form of an easement providing for public utility services shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of July, 2004. Christine Bainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor Ordiaaaaace 04 -020 Street Vacation Page 2 of 3 Name of Street/Alley Width _ (feet) Length (feet) Square ;Footage :ofProposed. Vacation Custer Street 60 100 6,000 square feet Lloyd Street 60 100 6,000 square feet 12 Avenue 30 1,525 45,750 square feet 13 Avenue 60 330 19,800 square feet Block 2 Public Alley 12 300 3,600 square feet Block 3 Public Alley 12 300 3,600 square feet 3,600 square feet Block 4 Public Alley 12 300 DRAFT Ordinance 04-020 Street Vacation Exhibit "A" Property Description Street Vacation STV -02 -04 MOM U I 1111111- - �- „ tat I; N111N 1C if r.- �--�_� r.w ......a.... ••. . " r ` �I 1111 I Ll oyd St � �.'�'• _ � ... a l -141U 111 ► 0 -4t % ■ ' 14th _ ; - ,. , .,rn 1!U1�>>ii ifil e r il 111111 .• 111 =sue U R -22 Page 30f3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: 0 consent ❑ old business Elnew business ❑ public hearing ❑ information ❑ admin. report ®pending legislation AGENDA ITEM TITLE: 2003 Annual Comprehensive Plan Amendments - Remand, CPA -03 -02 GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act — Spokane Valley Interim Comprehensive Plan — Spokane Valley Interim Zoning Code PREVIOUS COUNCIL ACTION TAKEN: The Council originally reviewed the 2003 amendments at its October 7, 2003, study session, and adopted amendments to the City's Interim Comprehensive Plan and Zoning Map on October 28, 2003. The remanded amendments were reviewed by the Council at its June 8, 2004, regular meeting. On June 22, 2004, the Council suspended the rules and adopted ordinances for all amendments except CPA- 03 -02, which was considered separately. This amendment is ready for second reading by City Council. BACKGROUND: The City of Spokane Valley Interim Comprehensive Plan provides for an annual comprehensive plan amendment process. The deadline for submitting comprehensive plan amendment requests was July 1, 2003. On August 28, 2003, the Planning Commission conducted a public hearing to consider 7 Comprehensive Plan requests. The Commission continued the hearing to September 11, 2003, requesting staff to develop an alternative recommendation for CPA- 03 -05. At the September 11 meeting the Commission finalized recommendations for the 7 comprehensive plan amendments. On October 28, 2003, the Spokane Valley City Council adopted the amendments as recommended by the Planning Commission. The amendments were subsequently appealed to the Eastern Washington Growth Management Hearings Board by the City of Liberty Lake. Liberty Lake did not argue any substantive issues with the amendments; rather, Liberty Lake cited a procedural error where the Spokane Valley failed to notify the Washington State Office of Community Trade and Economic Development (CTED) at least 60 days prior to adoption of the amendments per RCW 36.70A.106. The Hearings Board ruled that Spokane Valley must comply with the procedural requirements of RCW 36.70A.160. The Planning Commission conducted a public hearing on May 27, 2004 to satisfy the Hearings Board decision and the procedural requirement of RCW 36.70A.160. Notice of the proposed amendments was sent to CTED on April 8, 2004 via email. A letter confirming receipt of the notice was received by the Spokane Valley Community Development Department on April 12, 2004. The Council reviewed the proposed amendments at its June 8, 2004 regular meeting, and then adopted all amendments at the June 22, 2004 meeting, except for CPA- 03 -02. The 60 -day notice requirement is satisfied. The Comprehensive Plan Amendment, with the Planning Commission's recommendation, is summarized below: 1. File No. CPA -03 -02 Location: South side of Appleway Avenue, east of Park Road Request: Change 3 acres from Neighborhood Commercial to Regional Commercial Original PC Recommendation: Change to Community Commercial and zone B -2 City Council Decision: Change to Community Commercial and zone B -2 Remand PC Recommendation: Community Commercial and B -2 zoning. OPTIONS: The Council may adopt the Planning Commission recommendation, deny the request, remand the request back to the Planning Commission for further proceedings, or modify the Commission's recommendation after conducting a public hearing, per RCW 36.70A.035(2)(a). The Council may set a public hearing date at any regularly scheduled meeting. The public hearing requires at least 15 days public notice and all property owners within 400 feet of the proposal must be mailed an individual notice. RECOMMENDED ACTION OR MOTION: Motion to adopt ordinance. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Marina Sukup, Community Development Director Greg McCormick, Long Range Planning Manager ATTACHMENTS: Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -022 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE PLAN AND ZONING MAPS OF THE CITY ANT) PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, the City of Spokane Valley, incorporated on March 3 I, 2003 and adopted Land Use plans and regulations as set forth below: (1) Comprehensive Plan, Capital Facilities Plan, and Maps as the Interim Comprehensive Plan of the City through Ordinance No. 52; (2) The Spokane County Zoning Code as supplemented and amended by the Phase I Development Regulations as the Interim Development Regulations of the City through Ordinance No. 53; and (3) The Spokane County Zoning Maps as the Interim Zoning Maps of the City through Ordinance No. 54; WHEREAS, to facilitate and promote reasonable land use in the City it is periodically necessary to review and amend the Interim City Comprehensive Plan, Interim Development Regulations and Interim Zoning Map following a public process before the Planning Commission and City Council; WHEREAS, the owner and or applicant of the property described in this Ordinance submitted an application to the City to modify one or more of the following: the Interim Comprehensive Plan, Interim Comprehensive Plan Map, Interim Development Regulations and/or Interim Zoning Map of the City for the purpose of beneficially using the property described herein; WHEREAS, following the application to the City, staff conducted environmental review to determine the potential environmental impacts from the request in the application, made a recommendation to the Planning Commission concerning the application; WHEREAS, the Planning Commission, following notice and a public hearing, received evidence and information on the application; and WHEREAS, the Planning Commission made a recommendation to the City Council to change the Comprehensive Plan designation for the subject property to Community Commercial and the zoning to 13 -2, Community Business; and WHEREAS, on October 28, 2003, the City Council passed Ordinance No. 03 -089, adopting the Planning Commission's recommendation; and WHEREAS, the City of Liberty Lake appealed the amendment to the Eastern Washington Growth Management Hearings Board (EWGMHB), citing a procedural error wherein the City of Spokane Valley failed to notify the Washington State Office of Community, Trade and Economic Development (CTED) at least 60 days prior to adoption of the amendments per RCW 36.70A.106; and Ordinance 04 -022; CPA 03 -02 Page 1 of 3 DRAFT WHEREAS, the EWGM1 -IB ruled that Spokane Valley must comply with the procedural requirements of RCW 36.70A.106; and WHEREAS, notice of the proposed amendments was emailed to CTED on April 8, 2004; and WI- IER.EAS, CTED confirmed receipt of the notice in a letter to the City of Spokane Valley dated April 8, 2004; and WHEREAS, the City of Spokane Valley published a notice of the Planning Commission remand hearing in the Valley News Herald on May 7, 2004; and WHEREAS, notice of the Planning Commission remand hearing was mailed to property owners of record within 400 feet of the proposed amendment at least 15 days prior to the hearing; and WHEREAS, notice of the proposed amendment was posted on the site at least 15 days prior to the hearing; and WHEREAS, the Spokane Valley Planning Commission conducted a public hearing on May 27, 2004, to consider the proposed amendments; and WHEREAS, after hearing public testimony, the Commission voted 5 to 1 to recommend that City Council approve the proposed amendment; NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Interim City Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the Interim City Zoning Map adopted through Ordinance No. 54 in order to permit the property described herein to be used in a matter consistent with the same. Section 2. Findings. The City Council acknowledges that the Planning Commission: (1) conducted appropriate investigation and study; (2) held a public hearing on the Application; and (3) recommends approval of the amendments to the Interim Comprehensive Plan and Interim Zoning Code set forth in this Ordinance in a manner which promotes the best interest of the City through appropriate and reasonable land uses. The City Council further recognizes that the amendments set forth herein promote the best interests of the City and fulfill the objectives of the Growth Management Act as set forth in RCW 36.70A, do not cause a significant environmental impact (as mitigated or otherwise) and promote the reasonable and orderly development of the City. Section 3. Property. The property which is subject to this Ordinance is described on the attached Exhibit "A." Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 35A.63.073 the City of Spokane Valley Interim Comprehensive Plan and Map as adopted through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A." The Plan Amendment is generally described as follows: File No. CPA -03 -02 Location: South side of Appleway Avenue, east of Park Road Property Description: Parcel No. 45192.9181 and a portion of Parcel No. 45192.9 Decision: Change property shown on Attachment "A" from Neighborhood Commercial to Community Commercial Ordinance 04 -022; CPA 03 -02 Page 2 of 3 DRAFT Section 5. Zoning Map /Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give affect to the interim Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set forth on Exhibit "A." The Zoning Map Amendment is generally described below. File No. CPA -03 -02 Location: South side of Appleway Avenue, east of Park Road Property Description: Parcel No. 45192.9181 and a portion of Parcel No. 45192.9182 Decision: Change property shown on Attachment "A" from B -1 to 13 -2 Section 6. Adoption of Other Laws. To the extent that any provision of the Spokane. County Code, or any other law, rule or regulation referenced in the attached Interim Zoning Map(s) is necessary or convenient to establish the validity, enforceability or interpretation of the interim Zoning Map(s), then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 7. Map - Copies on File- Administrative Action. The interim Comprehensive Plan (with Maps) and Interim Zoning Map(s) are maintained in the office of the City Clerk as well as the City Department of Community Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the interim Comprehensive Plan Map and the Interim Zoning Map in a manner consistent with this Ordinance. Section 8. Liabili . The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this _ day of , 2004 ATTEST: Michael DeV leming, Mayor Christine Bainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Ordinance 04 -022; CPA 03 -02 Page 3 of 3 Attachment A Mal= unIFILM MID wan OThEl 11111111! 111111 I 111111111 EMI 11111101 ■ ii 1111111 111[111' 1111101� (11111111 11 111111111111 MUM 11/111111 t111III1it 111110111 11111111 7 b.-44111 II__uu _____ August 15, 2003 390 Feet Comprehensive Plan Amendment CPA -03 -02 Siidaner ,,..0 ey CPA -03 -02 Attachment `A' Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ information BACKGROUND: CITY OF SPOKANE VALLEY Request for Council Action old business admin. report BUDGET /FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: (1) Copy of proposed drat Agreement. X new business ❑ public hearing ❑ pending legislation AGENDA ITEM TITLE: Draft Junk Vehicle Towing Contract with Spalding Auto Parts, Inc. GOVERNING LEGISLATION: SVMC 7.10 and SVMC 9.10 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed towing - related issues with the Council on numerous occasions over the past months on issues relating to the police tow list and on junk vehicles. Staff has discussed with Council the issues relating to having a business handle all of the tows arising from Judicial Abatement Orders issued by a judge pursuant to the Junk Vehicle Ordinance. This has been a long, complicated process in finding a way to remove junk vehicles under the Ordinance for as low to no cost to the City as possible. Nearly all such tows will be voluntary in the sense that once we ask the owner to remove the vehicle, and the owner understands the ramifications of not removing the vehicle at our request, the owner will call one of the vehicle hulkers (recyclers), which will arrange with a tow operator to have the vehicle removed and towed to the hulker's facility. To the best of my knowledge, the only hulkers in our area are Spalding and AA, in south Spokane. Most of that has already been dealt with. The remaining part that still needs resolution is those tows where the vehicle owner refuses to remove the vehicle(s). In that instance, staff would go through the Notice of Violation process and seek a Judicial Abatement Order in Spokane County Superior Court. That Order would authorize the removal of the vehicle by court order (along with court costs and attorney fees). We would then turn that paperwork over to a contractor (proposed to be Spalding) for removal. That process is outlined in the proposed contract. This contract is anticipated to have limited application, and would hopefully be utilized in no more than 10 -20 vehicles per year. The parties recognize there may be more in the first year due to the current backlog of junk vehicles in the City. RECOMMENDED ACTION OR MOTION: Motion for approval of the form, and authorization for the City Manager to sign the agreement on behalf of the City. CITY: CITY OF SPOKANE VALLEY, WASHINGTON JUNK VEHICLE TOW CONTRACT RESULTING FROM JUDICIAL ABATEMENT ORDERS, ARISING FROM SPOKANE VALLEY'S JUNK VEII"ICLE ORDINANCE, SVMC 7.10 Title: "Junk Vehicle Tow Contract Resulting from Judicial Abatement Orders" between City of Spokane Valley and Spalding Auto Parts, Inc.; Contract number "Junk Vehicle Tow Contract (JVTC) 04 -01. Term: This Contract expires (two years from date of signing). Either party may terminate this Agreement by sixty (60) days written notice to the other Pte`. City of Spokane Valley, Washington Office of City Attorney 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Contact: Cary P. Driskell, Deputy City Attorney Phone: (509) 688 -0029 Fax: (509) 921 -1008 e -mail: cdriskell @spokanevallev.org CONTRACTOR: Spalding Auto Parts, Inc. 2210 North University Road Spokane Valley, WA 99206 -4782 Contact: Russ Spalding Phone: 924 -3300 Fax: 928 -2454 e -mail: russs t ®spaldings.com DEPARTMENT: City of Spokane Valley Police Department 12710 East Sprague Spokane Valley, WA 99216 Contact: Sergeant Martin O'Leary Phone: (509) 477 — 3300 Fax: (509) 477 -3333 e -mail: moleary@spokanesheriff.org 1 WHEREAS, this Contract is entered into on , 2004, between the City of Spokane Valley ( "City "), and Spalding Auto Parts, Inc., ( "Spalding" or "Contractor "), sometimes jointly referred to as "parties "; and WHEREAS, the parties mutually recognize the necessity for removing junk vehicles from private property due to the negative health, safety welfare impacts caused by the continued existence of said junk vehicles; and WHEREAS, the City desires to contract with one entity on tows arising from judicial abatement orders under the SVMC 7.10.080. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties do mutually agree as follows: SECTION ONE: SUBJECT AND PURPOSE. This contract will be used for the performance of tows after obtaining a judicial abatement order pursuant to Spokane Valley Municipal Code 7.10, as adopted or hereafter amended. SECTION TWO: DURATION OF CONTRACT Unless otherwise agreed by the parties, the contract is for two years from the date of acceptance by the City. SECTION THREE: RESPONSIBILITIES OF CONTRACTOR 3.1 Once City has obtained a judicial abatement order from Spokane County Superior Court, which provides full legal authority for City to abate a specified nuisance in a lawful manner, City shall transfer all appropriate paperwork to Spalding so that Spalding, or a subcontractor thereof, can carry out the abatement pursuant to the Judicial Abatement Order. Spalding, or any subcontractor used by Spalding in carrying out the requirements of this Agreement, shall conform to the liability insurance requirements set forth in SVMC 9.10.050. 3.2 Spalding shall be required to arrange for abatement no later than 72 hours after receiving the Judicial Abatement Order from the City. 3.3 All vehicles removed under this Agreement shall be hauled to Spalding Auto Parts, Inc., located at 2210 North University Road, Spokane Valley, WA 99206. Spalding further agrees to receive all vehicles subject to Judicial Abatement Orders for the term of this Agreement. 3.4 All vehicles received by Spalding pursuant to this Agreement shall be crushed, recycled for parts, or otherwise reduced to scrap. 2 SECTION FOUR: RESPONSIBILITIES OF CITY City shall be responsible for obtaining and providing the Judicial Abatement Order to Spalding, which provides the authority for Spalding to conduct the abatement. SECTION FIVE: COMPENSATION There will be no monetary compensation provided by either City or Contractor under this contract. The consideration for Spalding is the opportunity to receive the scrap value of the vehicle for disposal pursuant to Section 3.4 of this Contract. The consideration for City is that Spalding will assist in the removal of junk vehicles in furtherance of the health safety and welfare of the citizens of the City. SECTION SIX: MAINTENANCE OF RECORDS Spalding shall make available to the City Police Department, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this Agreement for a period of not less than three years. SECTION SEVEN: COMPLIANCE WITH LAWS Contractor, in the performance of this agreement, agrees to comply with all applicable federal, state and local laws, ordinances and regulations. SECTION EIGHT: MODIFICATION No modification or amendment to this agreement shall be valid until the same is reduced to writing and signed by a duly authorized representative for Contractor and City. SECTION NINE: HOLD 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 performance of this Agreement. SECTION TEN: RELATIONSHIP OF THE PARTIES It is intended that an independent relationship will be created by this Agreement. The City is interested only in the results to be achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the City provides for City employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractor, or otherwise during the performance of this Agreement. SECTION ELEVEN: SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. SECTION TWELVE: INTEGRATION This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise regarding the subject matter of the Agreement shall be deemed to exist or to bind any of the parties. The parties have read and understand the Agreement and now state that no representations, promises, or agreements not expressed by the contract have been made to induce the other to execute the same. EXECUTED this day of SPALDING AUTO PARTS, INC. CITY OF SPOKANE VALLEY By: Fa 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 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: Motion Consideration: Mayor Appointment to Spokane County Housing and Community Development Advisory Committee GOVERNING LEGISLATION: Spokane County Housing & Community Development Advisory Committee Bylaws PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: A change in the bylaws was made December 2003 to allow Spokane Valley three representatives on this advisory committee. An opening has occurred and Michael Shane Corner has applied. The term is not to exceed three years. OPTIONS: 1. Approve the Mayor's Appointment 2. Choose not to approve the appointment. 3. Take other action deemed appropriate by council. RECOMMENDED ACTION OR MOTION: Approve the Mayor's appointment of Michael Shane Corner to the Advisory Committee. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mayor DeVleming ATTACHMENTS None Spokane Falls Community ty College 1995 -1997 Michael "Shane" Corner 415 S. Houk Spokane, WA 99216 Home Phone (509) 928 -4217 Email Mshanesc@aol.com EDUCATION Eastern Washington University 1997 -2001 13_A_ in Interdisciplinary Studies with a Minor in Government Graduated in 2001 with a 3.29 G.P.A. Freeman High School 1992 -1995 Graduated 1995 EMPLOYMENT Site Director/Youth Leader -YMCA of Spokane I was employed by the YMCA as a Site Director and as a Youth Leader by the YMCA from the spring of 1995 to August 2001. [ had various tasks that had to be met when [ was employed by the YMCA. I worked with a small monthly budget for a Before and After School program. I planned activities for the children on a daily schedule (arts and crafts, games, etc.). I did administrative work to make sure that the program site was in compliance with state, school, and YMCA regulations. As a Site Director I was a supervisor over Youth Leaders. I made sure that they met their job requirements in dealing with the children, parents, teachers, and other staff. I also worked as a liaison between the school and the YMCA. SKILLS I can use Microsoft Windows programs. (Microsoft Word, Microsoft Works, etc.) I am proficient in using the Internet. [ am able to work with a monthly budget. INTERESTS and ACTIVITIES I have volunteered in various capacities for the YMCA. I have volunteered as a youth basketball coach, referee, and many other volunteer jobs over the years during my employment at the. YMCA. I also like many athletic activities such as playing basketball and football. REFERENCES Connie Reynolds Childcare Director, Spokane Valley YMCA 2421 N. Discovery Pl. Spokane, WA 99216 777 -9622 Pat Estes Assistant Branch Director, Spokane Valley YMCA 2421 N. Discovery P1. Spokane, WA 99216 777 -9622 Cory Oberst Mortgage Lender, Cherry Creek Mortgage 920 N. Argonne Suite 110 Spokane, WA 99212 326 -2262 Application Form for Committees /Boards /Commissions Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: Applicant's name: Home address: Home Phone: Present or last employer: Position Held: Address: Previous employer: Address: a an e. rv .1 , . 1 EMPLOYMENT HISTORY oc 9,e prir,A 1 ��{1U.SI(iQ It.Moyo rtf A s r>1-r.. \4A 3 ( : L 3 V ny, U n (J g e \ '' s Zip code: ?Q( I Email: 04 Shane S G© a4 c6« Dates of Employment Phone: Phone: EDUCATIONAL BACKGROUND High School F-,rrel'yv!; v, \'l ; c,1 ' 1 Diploma College /University ��>� 64i Y•, ti6V511y Degree College /University - - ;10.1 f\( q, ii j r? 1 arirSII) Degree C (yr o dc,irji' 0 COMMUNITY RELATED ACTIVITIES 3/04 6/ 'h6 Pi( l� e-Nc1 - t07 '3 1-1,s DQQ_na A ' o n� VOLUNTEER EXPERIENCES ketue, ut-Llietyal po& for . 1 - he, f4(://,. SKILLS /SPECIAL INTERESTS Current and past positions held on City Board, Committee, or Commission (circle one): From: To: From: To: From: To: Flow long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? • 84 _ t1 1 '1 I \- yle,C, +1ie- u1;�1 i 'o �1,� �+�I ke.SF u\ S f k)l( Why do you feel you are : alified to act as a member of the Board, Committee or Commis on applied for? - i' It / 1,Y i -1•- k ari d di) 'I �de, b Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? it is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section vrill assist in achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American V. White ❑ Other SPOKANE COUNTY HOUSING & COMMUNITY DEVELOPMENT ADVISORY COMMITTEE BYLAWS REVISED October 22, 2003 Adopted by the Spokane County Board of Commissioners the 2nd day of December 2003 C:\Docnments and Settingsislarson\Local Settings \Temporary Internet FileslOLKAAIHCDAC 13ylaws Adopted December 2003.doc 1. NAME The name of the Committee shall be the Spokane County Housing and Community Development Advisory Committee. 11. OFFICE The principal office of the Committee shall be the Broadway Centre Building, Room 200, 721 N. Jefferson, Spokane, WA 99260, or as it may hereinafter be moved. III. PURPOSE The Housing and Community Development Advisory Committee is an advisory committee to the Housing and Community Development Department, and through the Department, to the Board of County Commissioners. In general, the purpose of the Committee shall be to provide representatives of incorporated cities and towns and citizens of unincorporated areas of Spokane County participation in comment and review of the Community Development Block Grant (CDBG) Program and HOME Investment Partnership Program, including Citizen Participation Plans, Consolidated Plans, and Consolidated Annual Performance and Evaluation Reports (CAPER). The Committee shall review Department proposals and initiatives, provide individual and Committee comments, and vote on Committee recommendations, which the Department will submit to the Board of County Commissioners. In the event a Committee decision is challenged, the Director has authority to make final decisions, however, the Committee may represent itself before the BOCC if the Director chooses to act on the proposal or initiative in a manner contrary to the recommendations of the Committee. IV. DUTIES The Housing and Community Development Advisory Committee serves in an advisory capacity to the Housing and Community Development Department (hereinafter referred to as "Department ") and, through the Department, to the Board of County Commissioners. The Housing and Community Development Advisory Committee duties will be carried out as follows: A. Holding public meetings/hearings to solicit input from Spokane County residents regarding Housing and Community Development issues. The Committee representatives also serve as a conduit between citizens and the County by participating in community activities and presenting their findings to the Department. C:U?ocutncnts and Setiingslslarson11,ocal SettingsVfemporry Internet Files\OLKAAIHCDAC Bylaws Adopted December 2003.doc B. Reviewing proposals submitted to the Department. C. Providing unbiased funding recommendations for activities which are consistent with the County's Consolidated Plan. D. Reviewing and commenting on the Department's Citizen Participation Plan, Consolidated Plan, Consolidated Annual Performance Evaluation Report or other plans and initiatives related to Housing and Community Development issues. V. MEETINGS The Committee shall hold ten monthly meetings per year on the T Thursday. All meetings will be held in a location of sufficient size to allow members of the public to attend. Special meetings may he convened in the following manner: A. At the request of the Chairperson. B. Upon written request of a majority of the Housing and Community Development Advisory Committee. C. By the Board of County Commissioners. D. By the Director of the Housing and Community Development Department. Meetings shall comply with requirements of the Open Meetings Act (RCW 42.30). Roberts Rules of Order shall be in effect for all meetings of the Housing and Community Development Advisory Committee. VI. QUORUM A quorum of the Housing and Community Development Advisory Committee shall be comprised of not less than 51% of the members. When a quorum is present, an affirmative vote by a simple majority of the Committee members in attendance shall be necessary to recommend action on any matters to be forwarded by the Department to the Board of County Commissioners. VII. SUBCOMMITTEES The Chairperson may appoint standing and ad hoc subcommittees as necessary to carry out the functions and purposes of the Committee. Membership in the above subcommittees shall consist of as many members as the Chairperson deems appropriate. Each subcommittee shall have a chairperson who shall be responsible for directing and coordinating the subcommittee affairs and reporting to the Chairperson at a regular or special meeting of the Committee. C:1Documcnts and Seningslslarson \Local Senings\Temporay Internet Files\OLKAAIHCDAC Bylaws Adopted December 2003.doc VIII. MEMBERSHIP The Housing and Community Development Advisory Committee membership shall consist of the following: A. Mayors of participating cities and towns desiring to serve on the Committee, (or their officially designated representatives), appointed by the Board of County Commissioners. Participating cities shall have the following number of representatives: • Airway Heights 1- Representative • Cheney 1- Representative • Deer Park l - Represnetative • Fairfield 1- Representative • Latah 1- Prepresentative • Medical Lake 1- Representative • Millwood 1- Representative • Rockford 1- Representative • Spangle 1- Representative • Spokane Valley 3- Representatives • Waverly 1-Representative Citizen Representatives are residents of the unincorporated area of Spokane County), appointed by the Board of County Commissioners. The unincorporated area will have four representatives. C. The maximum number of representatives from any city, town or the unincorporated areas of the County shall be determined based upon the population of the city, town or unincorporated areas of the County as determined by "The American Community Survey" or the "Decennial Census Data Population" Each city, town and the unincorporated areas of the County shall be allowed one representative to the committee regardless of population. An additional representative may be designated and/or appointed for each 25,000 residents in the city, town or unincorporated areas of the County above 50,000 residents. For example, a city with a population of 50,001 through 75,000 residents would be allowed up to two representatives on the committee. Within its discretion, the committee of the initial representative appointed for each city, town, and the unincorporated areas of the County, should designate whether "The American Community Survey" or the "Decennial Census Data Population" will be used to determine the population of the cities, towns, and the unincorporated areas of the County for the purpose of allowing additional committee representatives. The same population standard shall be applied to all cities, towns, and the unincorporated areas of the County for the calculation of the maximum number of representatives to the committee. • C:1Documants and ScCingst_slarson'Lotal Settings'Tempormy Internet Files OLKAA\HCDAC Bylaws Adopted December 2003.doe Members of the Committee shall be responsible for contacting the housing and Community Development Department two days prior to any regular meeting if unable to attend. The Department will notify the Chairperson of the Committee when a member of the Committee is absent from three or more regular meetings in any calendar year without providing prior notice. Committee members who are unable to fulfill Committee duties due to three unexcused absences shall be asked to resign, if that action has been approved by a majority vote of Committee Members. The Committee shall elect officers annually at its June meeting. Officers shall consist of a Chairperson who shall preside over all meetings and a Vice - Chairperson, who shall perform all duties of the Chairperson in his /her absence. The Chairperson and Vice- Chairperson shall have full rights as Committee members and shall be ex- officio members of all subcommittees. No member shall serve more than two consecutive terms in the same office: lam. APPOINTMENTS MAYORAL APPOINTMENTS Mayoral representatives will serve at the discretion of the appointing Mayor from each of Spokane County's cities and towns .f a termkiforto vxceediwtliree :;,years. T.oprapairi reTip of aircpresentatime,ya Mayor =will -si tea °letter:to ±he.Board a �Go wit} ConimissibiierC.TEEuesfin corisidefafion_ :Boiii -County Commissieners:approa;al- ofthe appointment. CITIZEN REPRESENTATIVES APPOINTMENTS When making _. citizen. appointments, . consideration. should_ :.be..:made. ;for. equal geographic distribution of indviduals representing .m epresenting the low and a+ i �. .r ;,..�.. __...- ...... a....._ , . n.� . ._a.:.. - 6J. .0 ,..a.. ..+.....� ..c : -i.., : target'popul'ati_on,_ nclndmg: Elderly Minorities Unemployed Disabled Single head of household Youth In addition to geographic representation, consideration should be made for professional skills, comanunity interest, related experience and other factors that best represent the needs of the County regarding the entitlement programs. The term for unincorporated area citizen representatives shall be „three:years. The above terms of appointment for three years shall expire as shown in the resolution of appointment, except that terms of appointment that are scheduled to expire C:\Documents and Seningsslslarson\Local SettingslTempotnry Internet Files \OL1:AA \HCDAC Bylaws Adopted December 2003.doc r CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Discussion on panhandling regulations GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Several citizens have asked the City staff whether there are any city regulations in place to prohibit panhandling. Further, once informed that there is only a prohibition on aggressive panhandling, various citizens have stated a desire to have appropriate regulations adopted. Following several such requests to Council members, staff felt it prudent to analyze what other communities in Washington have done regarding panhandling, and try to determine the full range of options in responding to such matters. Attached to this RCA is a synopsis of the research performed by Joshua Leonard, Legal Intern in the City Attorney's Office. OPTIONS: Do nothing, or instruct the staff to provide more information on one or more options, including providing the Council with a draft ordinance for discussion. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Memorandum from Cary Driskell on panhandling options Sio lane . valley Memorandum To: Dave Mercier, City Manager; City Council From: Cary P. Driskell, Deputy City Attorney CC: Nina Regor, Deputy City Manager; Stan Schwartz, City Attorney Date: July 7, 2004 Re: Panhandling issues 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall @spokanevalley.org Various members of the public have registered complaints with the City about panhandlers that stand or sit at various intersections in the City and request, in one form or another, financial assistance. Such requests are generally in the form of a hand - printed sign on cardboard, which is held up to cars passing by, or stopped at traffic signals. The general question posed by citizens in their complaints to the City is whether the City can "do something about getting rid of the beggars." To the best of my knowledge, the current scope of the issue is that there are about 8 -10 intersections in the City at which this occurs. The most visible intersections are at Pines and Sprague; Thierman and Appleway; and Sullivan and the eastbound 1 -90 off ramp. In researching this issue, it would appear that the range of options is limited. In Washington, there are only a few types of ordinances cities have adopted to address panhandling. Panhandling has been declared by our state Supreme Court to be a form of expression subject to protection under our state and federal constitutions. As such, any attempt at regulating the conduct will be subject to strict scrutiny to ensure that restrictions on the activity are not violative of the constitutional requirements. Certain time, place and manner restrictions are allowed, such as prohibiting aggressive begging, which Spokane Valley has already adopted. In looking at what is allowed for a time, place or manner restriction, a reviewing court would look to whether the city was trying to address an adverse secondary impact of the conduct. For instance, an ordinance has been upheld prohibiting people from sitting on a sidewalk in the city core because the city provided studies showing that having a number of people sitting on the sidewalk seriously impeded traffic flow. That demonstrated a community interest in need of fixing that was not aimed at eliminating begging. Similarly, if Spokane Valley were to look at implementing a time, place or mariner restriction, it would have to identify an adverse secondary impact (serves a significant government interest) that results from panhandling activity. One option that has been upheld in support of maintaining traffic. flow is to prohibit panhandling within a given distance of a bus stop, for instance 50 or 100 feet. The rationale is that panhandlers inhibit foot traffic flow of those trying to get onto and off the bus by their activity. There may be some question of whether that would stand up given the lower ridership levels we have in our area, and that solicitations are primarily aimed at the passing vehicle traffic. Instead, the city might look to prohibit panhandling at any intersection where there is a traffic signal or stop sign because of the traffic flow issues. Another option used by other jurisdictions is to work with private restaurants to develop a food voucher program wherein people in the community can obtain low -to -no -cost vouchers for a meal at participating restaurants. If members of the community truly want to help the needy, this provides them an opportunity to do so. If the panhandler truly wants food, as may be indicated by his/her sign, then it accomplishes the intent for both. This approach requires participation by local restaurant owners and members of the public, but it appears to be quite successful in some other jurisdictions. Another option could be to place signs around those intersections where the activity is most common that state if people wish to donate money to the needy, they can contact the Spokane Regional I-Iealth District to find out where a donation can be made. that maximizes the benefit for the size of the donation. This approach would ensure that the City is not advocating certain charitable organizations over others by stating, for instance, that donations could be made to "Ralph's House of Charity." In summary, there is no direct approach to prohibiting panhandling. If the City were to look at implementing some form of regulation above its current prohibition against aggressive panhandling, it would have to be narrowly tailored. Most cities in Washington have shied away from trying to ban panhandling due to the close scrutiny such regulations get from the Courts. Cary P. Driskell, Deputy City Attorney Josha Leonard, Legal Intern CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: tteni: Check all that apply: ❑ consent 1] old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Discussion points on potential amendments to Criminal Code to add provision for Noise Disturbances GOVERNING LEGISLATION: Ordinance 03 - 046 PREVIOUS COUNCIL ACTION TAKEN: Adoption of the Criminal Code, Spokane Valley Ordinance 03 -046 on March 26, 2003_ BACKGROUND: Our Police Department requested that the City adopt a Noise Disturbance provision to provide the Police with an appropriate tool to combat excessive noise that disturbs other resident's ability quiet enjoyment of their property and well- being. The initial discussion staff had with Council on June 8, 2004, included whether to include noise disturbances on public property as well to address loud car stereos. Staff is still looking into that, but Police Chief Walker has urged staff to bring this part forward hnrnediately for consideration due to the number of noise complaints the Police are receiving. Staff will continue to work on the remaining issues. brought up by Council: noise disturbances on rights -of -way, and to what extent a city may regulate blasting through a noise disturbance ordinance. These will be brought forward around the end of summer. A point of consideration for the Council in this proposed draft is in 8.25.060 section 2A. The County provision, from which this draft is drawn, only applies to noise emanating from residential property. Section 2B contains a more inclusive statement of prohibited noises. I would suggest that if the Council wants this ordinance to apply to noises emanating from all types of property, then Section 2B would be changed to read as follows: Sounds created by use of a radio, television set, musical instrument, sound amplifier or any.othe.r device capable of producing or reproducing sound, which emanate frequently, repetitively or continuously fi any building, structure or property, and which annoy or disturb the peace comfort or repose of a reasonable person of normal sensitivity By deleting the words °located within a residential area' }, then the application is clearly for all properties. OPTIONS: Adopt the proposed Noise Disturbance provisions; not adopt the provisions; request staff to make further modifications for discussion and review. RECOMMENDED ACTION OR MOTION: Staff recommends that the Council move this proposed Ordinance on the next regular meeting session for first reading. BUDGET /FINANCIAL IMPACTS: None anticipated STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed Ordinance No 04- Proposed ordinance on noise disturbances — C. Driskell Draft 1, July 8, 2004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING NOISE REGULATIONS UNDER THE MUNICIPAL CODE FOR THE CITY OF SPOKANE E VALLEY. WHEREAS, noise regulations are necessary to protect the health, welfare and safety of the public; and WHEREAS, the City Council desires to establish noise regulations under the Municipal Code to accomplish that goal; NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1 . . Intent. The City of Spokane Valley declares that having noise regulations in the Municipal Code are necessary to protect the health, safety and welfare of the public. Therefore, the intent of this Ordinance is to promote the right to quiet enjoyment of private property within the City. Section 2. New code provisions on criminal noise regulation. There are established the following new Section under Title 8, Chapter 25 of the City of Spokane Valley Municipal Code: 8.25.060 Noise Disturbance CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04- 1. It is unlawful for any person to make, continue, cause to be made, or to allow to originate from real property in the possession of said person, any sound which creates a noise disturbance. 2. For the purposes of this section, the following sounds are declared to be noise disturbances: A. Sounds created by use of a radio, television set, musical instrument, sound amplifier or any other device capable of producing or reproducing sound, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort or repose of a reasonable person of normal sensitivity; B. Any other sound occurring frequently, repetitively or continuously which annoys or disturbs the peace, comfort or repose of a reasonable person of normal sensitivity. This section shall not apply to Proposed ordinance on noise disturbances — C. Driskell Draft 1, July 8, 2004 noncommercial public speaking and public assembly activities conducted on any public space or public right -of -way for which a permit has been obtained. Additionally, this section shall not apply to noises produced by dogs, which are addressed in Ordinance 03 -056. 3. Exemptions. chapter: A. The following shall be exempt from the provisions of this i. Sounds created by motor vehicles when regulated by WAC Chapter 173 -62; ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations; iii. Sounds created by surface carrier engaged in commerce or passenger travel by railroad; iv. Sounds created by warning devices not operating continuously for more than five minutes, or bells, chimes or carillons; v. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible; vi. Sounds created by emergency equipment and work necessary in the interest of law enforcement or for health, safety or welfare of the community; vii. Sounds originating from officially sanctioned parades and other public events; viii. Sounds emitting from petroleum refinery boilers during startup of the boilers; provided, that the startup operation is performed during daytime hours whenever possible; ix. Sounds created by watercraft, except to the extent that they are regulated by other City or State regulations; x. Sounds created by motor vehicles licensed or unlicensed when operated off public highways, except when such sounds are made in or adjacent to residential property where human beings reside or sleep; xi. Sounds originating from existing natural gas transmission and distribution facilities; xii. Sounds created in conjunction with public work projects or public work maintenance operations executed at the cost of the federal eoverrunent, state or municipality; Proposed ordinance on noise disturbances — C. Driskell Draft 1, July 8, 2004 xiii. Sounds created in conjunction with the collection of solid wastes; xiv. Sounds created in conjunction with military operations or training; x v. Sounds originating front organized activities occurring in public parks, playgrounds, gymnasiums, switntning pools, and other public recreational facilities during hours of operation; xvi. Sounds originating from agricultural activities. B. The following shall be exempt from provisions of this chapter between the hours of seven a.m. and ten p.m.: i. Sounds originating from residential property relating to temporary projects for the repair or maintenance of homes, grounds and appurtenances; ii. Sounds created by the discharge of firearms on authorized shooting ranges; iii. Sounds created by blasting; iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible; v. Sounds created by the installation or repair of essential utility services. C. The following shall be exempt from the provisions of this chapter between the hours of seven a.m. and ten p.m., or when conducted beyond one thousand feet of any residence where human beings reside and sleep at any hour: i. Sounds originating from temporary construction sites as a result of construction activity; ii. Sounds originating from forest harvesting and sivicultural activity; iii. Sounds originating from the quarrying, blasting and mining of minerals or materials, including, but not limited to sand, gravel, rock and clay, as well as the primary reduction and processing of minerals or materials for concrete batching, asphalt mixing and rock crushers; iv. Sounds originating from uses on properties which have been specifically conditioned to meet certain noise standards by an appropriate City hearing body. Proposed ordinance on noise. disturbances — C. Driskell Draft 1, July 8, 2004 4. Violation — Misdemeanor — Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Section 3. Severability. if any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 4. 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 July, 2004. City Clerk, Christine Bainbridge Approved As To Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Ordinance Amending Open Container law GOVERNING LEGISLATION: SVMC 8.20.020 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 03 -046 in March 2003; Study session on proposed amendment to open container amendment on June 8, 2004. BACKGROUND: The current open container provision, when presented to the Council for adoption prior to incorporation, were inadvertently listed as a misdemeanor offense. State law does not list that as a misdemeanor offense, and staff has been unable to find another city in Washington that lists that action as a misdemeanor offense. Staff has drafted a revision based upon Spokane County's currently adopted provision, which is consistent with what many cities in Washington have adopted. The fine under the current City provision is $100. To be consistent with that previously stated intent, staff contacted Court staff to determine what infraction fine level would be appropriate to charge, when considered with court costs and fees that are added by the Court, to reach an approximate fine of $100. If the amended provision states a fine of $50 plus court costs and fees, the total paid for a person in violation would be $103.00. As such, staff suggests that inclusion in the ordinance a fine in the amount of $50 plus court costs and fees. OPTIONS: Not amending the provision. RECOMMENDED ACTION OR MOTION: Move proposed Ordinance 04- to the next regular meeting for first reading. BUDGET /FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed Ordinance No. 04 Proposed amended ordinance on open containers — C. Driskell Draft 1, July 8, 2004 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING REGULATIONS ON OPEN ALCOHOLIC CONTAINERS IN THE MUNICIPAL CODE FOR THE CITY OF SPOKANE E VALLEY. WHEREAS, the City Council created a criminal code through adoption of Ordinance 03 -046; and WHEREAS, the City Council desires, from time to time, to amend provisions of the criminal code to reflect policy choices, changes in state law, or to correct portions of City Code as need be. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. It is the intent of the City of Spokane Valley to bring City code provisions into conformity with state law requirements relating to possession of open alcohol containers in public places. Section 2. Amendment to Spokane Valley Municipal Code 8.20.020. Spokane Valley Municipal Code Section 8.20.020 shall be amended to read as follows: 8.20.020 Alcoholic beverage control — Opening or consuming liquor or possession open container of liquor in public place Except as provided by Title 66 RCW, any person who possesses an open container of liquor in a public place is guilty of an infraction and fined fifty dollars, plus applicable court costs and fees. This provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. This provision does not apply to passengers in a public conveyance that is commercially chartered for group use or a for -hire vehicle licensed under city, county or state law. Section 3. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. 1 Proposed amended ordinance on open containers — C. Driskell Draft 1 July 8, 2004 Section 4. 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 July, 2004. City Clerk, Christine Bainbridge Approved As To Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 07 -13 -2004 City Manager Sign -off: Item: Cheek all that apply: ❑ consent 0 old business • new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: 2004 Cost Recovery Study GOVERNING LEGISLATION: State law provides for cities to levy fees and charges to cover the costs of providing services and programs. PREVIOUS COUNCIL ACTION TAKEN: The City fee schedule for 2004 was adopted on January 20, 2004 in Resolution 04 -001. BACKGROUND: The City depends largely on property taxes, sales tax and service charges to pay costs of providing public services within the General Fund. Periodic review of our costs to provide services and the fees we need to charge is necessary. In 2004, staff started the process of analyzing Public Works, Planning, Building, and Recreation programs in an effort to identify services that are not fully recovering their costs. In comparing a fee with the corresponding costs, it is first important to define what costs are expected to be recovered by the fee. Eventually, staff expects to recover most or all of our costs. However, in this study, staff has only been concerned with direct and a category we call other departmental costs. Direct costs are the costs within an individual department which can be directly traced to services or programs. Other departmental costs are costs within an individual department which are not easily traced to services or programs, but are connected closely enough to the service or program that cost recovery is reasonable. Costs within an individual department which are expended for services for the good of the public and/or are not associated with a service or program have been omitted from this cost recovery study and will be addressed in 2005 or recovered from other agencies. These costs include a portion of the Public Works and Parks departments, which can be associated with street capital projects, stormwater management, parks maintenance, or other activities that are perfoni ed for the good of the public. Once the recoverable costs were identified, staff applied direct costs to services or programs based on the percentage of total revenue within an individual department corresponding with that service or program. Next, the other departmental costs were applied to these services or programs based on a flat rate applied on a per permit or participant basis. This allocation process developed a per service or program cost, which was then compared to the 2004 fee schedule rate to calculate a loss or gain on providing the service or program.(see page 4) This study did not include any allocation for overhead items such as central services (accounting, human resources, legal, etc.), City Hall rent, insurance costs, information technology support, and a long list of other general government expenditures. Staff expects to spend additional time in 2005 to more closely track these overhead costs. 1 Staff has begun to implement a time -study program to get a more accurate picture of how staff members are spending their time. This will allow the City to have a better basis for allocating costs between services and programs and have a more precise cost recovery plan in future years. It should be noted that our data gatheringfinformation processing, in a one year old city, is not perfect. We expect to refine these processes in future years. 2003 actual costs and revenues have been used in this study. OPTIONS: This first option is to adjust the fee schedule on those services and programs which reflect costs in excess of our fees. The second option would be to make no changes in 2004 and wait for better information in the corning years. A third option would be to selectively increase some fees. RECOMMENDED ACTION OR MOTION: Based on the City's financial condition, a recommenda- tion to increase fees is warranted. It should be noted that costs allocated to these services and programs do not yet included non - associated departmental costs, nor do they include overhead costs. BUDGET/FINANCIAL IMPACTS: Raising fees for public services will allow the City to continue to operate at the current service level and begin to reduce the gap between City fees and City costs. STAFF CONTACT: Ken Thompson, Financial Director and Courtney Moore, Accountant/Budget Analyst 2 Cost Definitions 07/02/2004 Only direct and other departmental costs have been allocated to services and programs. In future years, as we refine the process we will allocate overhead /indirect costs. Direct Costs - the costs within an individual department which can be directly traced to services and programs. Examples: • Permit Specialist Salary & Benefits • Building Inspectors Salary & Benefits • Current Planning Salary & Benefits • Supplies directly associated with program • Other costs directly associated with program Other Departmental Costs — the costs within an individual department which are not easily traced to services and programs, but are costs that are necessary to operate the department. Examples: • Portion of Department Head Salary & Benefits • Long -Term Planners Salary & Benefits • Supplies associated with personnel • Equipment replacement, unemployment ins., etc. Non - associated Departmental Costs - costs within an individual department which are expended for services for the good of the public. and are not expected to be recovered through service charges or costs that are billed to other organizations. These costs have been omitted from the cost recovery study. Examples: • Street Construction Engineers Salary & Benefits • Portion of Department Head Salary & Benefits • Parks Maintenance Costs Overhead Costs — costs incurred in order for the City to operate which are not directly associated with any type of service or program. These costs were omitted from this first cost recovery study. Examples: • Central service departments (accounting, human ► resources, legal, etc.) • City Hall •Rent • Liability Insurance Premiums • Information Technology Support 3 Allocation of Costs to Services /Programs Planning Not Allocated Tale Year N on- Aasoclsted Departmental C o s t s . O v c r h o o d . e n d s n a r l s ) Public Good Programs ( 0 x a m p l e a ( s rt_ W a for M R11800111 a nt W aatOW ale( leaue_a_ Parka al Ian an ca K ant. Insurance Direct & Other O epartmentalCosts Existing City Fees, per Resolution Parks Recreation D ifference between These Costs & City Fee ---"" Direct Coats (kxam plea) permits 8 8 0 Is 115 1 S 118 ry ;yoo llc�AnnocI te_d w1P10 arama • Open Swim 57 51 (58 July 2004 Public W orks _L V---A llo co to d to S ore ice e1Prepram e • Tom pornry Use Permit $245 $150 ($95) CD Sumo programs generate income in excess of their dIroct and other departmental 7/8/2004 costs. They may not recover overhand costs. There will be an additional review in 2005. Bu lid in9 -oJ O t h e r D e p a r t m e n t a l Coate A l l o c a t e d O n N um bar of Perm Its, Participants (Examples) Portion of Rnnt 14nad's i=_auJDm not Ran)8cnm ant Adult I!nlertninm ant license $195 $1 50 ($45) C D Building receipts cover direct and other departmental costs associated with providing those services. They may not recover overhead costs. There will be an additionnl review In 2005 Permit Type City of Spokane Valley FeelCost Comparison Per Service or Program 6/28/2004 Direct & Other • Fee Deptl. Costs Schedule Per Service (Loss) /Gain Rate or Program on Service Public Works Right of Way Permits $ 41 $ 100.57 $ (59.57) Engineer Fees (Development) $50 /hr 108.74 (58.41) Planning Map Sales $ 15 77.03 (62.03) Comprehensive Plan Amendments 1,500 3,245.86 (1,745.86) Code Text Amendments 1,500 516.39 983.61 Pre - Application Conference - 118.71 (118.71) Site Plan Review 250 274.82 (24.82) Plat Modifications 265 154.04 110.96 Rezones 1,500 1,055.63 444.37 Temporary Use Permit 150 244.63 (94.63) Conditional use Permit 800 104.89 695.11 Preliminary Short Subdivisions 500 453.60 46.40 Short Subdivisions 1,000 271.51 728.49 Preliminary Subdivision 2,000 806.28 1,193.72 Final Subdivision 1,000 639.19 360.81 Preliminary Binding Site Plan 1,500 1,194.73 305.27 Change of Conditions 650 1,422.29 (772.29) Administrative Variance 300 88.73 211.27 Variance 1,500 289.92 1,210.08 SEPA Administration 300 1,043.76 (743.76) Planned Unit Development 1,500 97.42 1,402.58 Sign Review 50 108.74 (58.74) Home Profession Application 80 112.62 (32.62) Adult Entertainment Licenses 150 195.21 (45.21) 5 Revenue Type City of Spokane Valley Fee /Cost Comparison Per Participant 6/28/2004 Fee Direct & Other (Loss) /Gain Schedule Dept!. Costs Per Rate Per Participant Participant Aguatics Pool Rentals $ 250 $ 689.20 $ (439.20) Aquatics open swim 1 7.32 (6.32) Swim Lessons 25 72.98 (47.98) Swim Team 28 81.17 (53.17) Rec Programs Dance $ 60 268.56 $ (208.56) Day Camp 84 417.68 (333.68) Play Camp 40 50.40 (10.40) Indoor Playground 20 303.28 (283.28) Tennis 33 159.07 (126.07) SkyHawks 93 48.55 44.45 Western Dance 25 114.78 (89.78) Special Needs 1 9.07 (8.07) Teen Night 1 9.06 (8.06) Basic Computer Classes 20 84.30 (64.30) 6 Service or Program City of Spokane Valley Recommendation for Fee Increase 7/2/2004 Direct & Other Fee Dept!. Costs (Loss) /Gain Schedule Per Service on Service % of cost Rate or Program or Program Recovered Public Works Right of Way Permits $ 41 $ 100.57 $ (59.57) 41% Engineer Fees(Development) $50 /hr $ 108.74 $ (58.41) 46% Planning Map Sales $ 15 $ 77.03 $ (62.03) 19% Comprehensive Plan Amendmts $ 1,500 $ 3,245.86 $ (1,745.86) 46% Pre - Application Conference $ - $ 118.71 $ (118.71) 0% Site Plan Review $ 250 $ 274.82 $ (24.82) 91% Temporary Use Permit $ 150 $ 244.63 $ (94.63) 61% Change of Conditions $ 650 $ 1,422.29 $ (772.29) 46% SEPA Administration $ 300 $ 1,043.76 $ (743.76) 28% Sign Review $ 50 $ 108.74 $ (58.74) 46% Home Profession Application $ 80 $ 112.62 $ (32.62) 71% Adult Entertainment Licenses $ 150 $ 195.21 $ (45.21) 77% Aquatics Pool Rentals $ 250 $ 689.20 $ (439.20) 36% Aquatics open swim $ 1 $ 7.32 $ (6.32) 14% Swim Lessons $ 25 $ 72.98 $ (47.98) 34% Swim Team $ 28 $ 81.17 $ (53.17) 34% Rec. Programs Dance $ 60 $ 268.56 $ (208.56) 22% Day Camp $ 84 $ 417.68 $ (333.68) 20% Play Camp $ 40 $ 50.40 $ (10.40) 79% Indoor Playground $ 20 $ 303.28 $ (283.28) 7% Tennis $ 33 $ 159.07 $ (126.07) 21% Western Dance $ 25 $ 114.78 $ (89.78) 22% Special Needs $ 1 $ 9.07 $ (8.07) 11% Teen Night $ 1 $ 9.06 $ (8.06) 11% Basic Computer Class $ 20 $ 84.30 $ (64.30) 24% 7 Cost Recovery Spokane Valley Council Meeting July 13, 2004 Major Revenue Sources E Property Tax c Sales Tax E Fees for Services Fees for Services Fees are based on 4 types of costs. 1. Direct Costs Within department budget r Traceable to service or program r Examples: Permit Specialist salary & benefits Supplies for service or programs Fees for Services cont 2. Other Department Costs Within department budget Necessary to operate Examples: Percentage of department head salary and benefits Equipment replacement Fees for Services cont 3. Non Associated Department Costs Within department budget For public good Sometimes Charged to other agencies Examples: Street Construction Projects Park Maintenance Fees for Services cont 4. Overhead ID Outside the department's budget r) Elsewhere in the City budget rs Examples: Accounting, Human Resources City Hall rent Liability Insurance Allocation of Costs to Services /Programs Planning Not Allocated This Year Non -Aesoc ated Departmental Costa, O vs hood, and G en ersl P u b l i c G o o d Program s (Exam plea) S to rrn — yr_al r hi a a a e m e a t W a s i o w s to t Issues P e rks Main lenuILce su r 0 irect & 0 Cher 0 e pa rim ental C osts E x51109 C ity Fees, per Resolution Difference between These Costs & City Fee -� Parks Recreation July 2004 P u b lie W orks 1 Allocated to 5etviceafPrograms D i r e c t Costs (E x a m p l e s) p nrnit neAe laths LS_a- I Sy plie AasoclnInd w1 Prenrains. Open Swim 57 51 (36) ° 1 Tem porary U se Perm it 5245 3150 ($95) Other D e p a r t m e n t a l C o a t e A l l o c a t e d O n N u m b a r o r P e r m i t s , P a r t i c i p a n t s (Exam plea) portion olOent Hnne's Sale ry E au ipJILQ ni ReDla o e ent i AdultEnlertoinmerit License 3195 $150 (345) I ST B u i l d i n g r e c e i p t s c o v e r d i r e c t a n d ocher departrn ontal costs associated with providing these services. They may not recover overhead costs, There will be an additional review in 2005 Som o programs generate income in excess of their direct and other departm ontal 7/9/2��4 costs. They may not recover overhead costs, There will be an additional review in 2005. 7 Recommended Fee Increases Service or Program Direct & Other Fee Dept Costs (Loss) /Gain Schedule Per Service on Service % of Cost Rate or Program or Program Recovered Public Works Right of Way Permits $41 $100.57 $(59.57) 41% Engineer Fees (Development) 50 /hr 108.74 (58.41) 46% 7/9/2004 8 Recommended Fee Increases cont Service or Program Direct & Other Fee Dept Costs (Loss) /Gain Schedule Per Service on Service % of Cost Rate or Program or Program Recovered Planning Map Sales $ 15 $ 77.03 $ (62.03) 19% Comprehensive Plan Amendments 1,500 3,245.86 (1,745.86) 46% Pre - Application Conference - 118.71 (118.71) 0% Site Plan Review 250 274.82 (24.82) 91% Temporary Use Permit 150 244.63 (94.63) 61% Change of Conditions 650 1,422.29 (772.29) 46% SEPA Administration 300 1,043.76 (74316) 28% Sign Review 50 108.74 (58.74) 46% Home Profession Application 80 112.62 (32.62) 71 Adult Entertainment Licenses 150 195.21 (45.21) 77% 7/9/2004 9 Recommended Fee Increases cont Service or Program r. Direct & Other Fee Dept Costs (Loss) /Gain Schedule Per Service on Service % of Cost Rate or Program or Program Recovered Aquatics Pool Rentals 250 689.20 (439.20) 36% Aquatics open swim 1 7.32 (6.32) 14% Swim Lessons 25 72.98 (47.98) 34% Swim Team 28 81.17 (53.17) 34% 7/9/2004 10 Recommended Fee Increases cont Service or Program Direct & Other Fee Dept Costs (Loss) /Gain Schedule Per Service on Service % of Cost Rate or Program or Program Recovered Rec Programs Dance $60 $ 268.56 $ (208.56) 22% Day Camp 84 417.68 (333.68) 20% Play Camp 40 50.40 (10.40) 79% Indoor Playground 20 303.28 (283.28) 7% Tennis 33 159.07 (126.07) 21% Western Dance . 25 114.78 (89.78) 22% Special Needs 1 9.07 (8.07) 11% Teen Night 1 9.06 (8.06) 11% Basic Computer Classes 20 84.30 (64.30) 24% 7/9/2004 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 7 -13 -04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business LI public hearing information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Lease Agreement, Spokane Valley Police Precinct GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Negotiation of lease /purchase of Spokane Valley Police Department facility OPTIONS: Lease or purchase of all or portions of the Spokane Valley Precinct RECOMMENDED ACTION OR MOTION: Information prior to request to authorize Lease Agreement BUDGET/FINANCIAL IMPACTS: Future budget amendment request STAFF CONTACT: Chief Cal Walker ATTACHMENTS TO: CITY MANAGER DAVE MERCIER FROM: CHIEF CAL WALKER RE: PRECINCT LEASE AGREEMENT DATE: JULY 1, 2004 The following information is in reference to the long- awaited negotiated Lease Agreement for the Spokane Valley Police Precinct. The attached agreement describes lease options for occupancy of the Spokane Valley Police Department in the newly remodeled facility located at 12710 E. Sprague. The facility currently houses the Spokane Valley Police Department and Spokane County District Court. The facility is also shared with the Spokane County Sheriffs Department. After an extensive review of the square footage being utilized by Spokane Valley Police Department, the percentage of SVPD occupancy has been determined to be 56 per cent. The informational options provided earlier to the Council included a possible purchase of the building and /or a lease. Direction to staff at this time was to pursue a lease agreement. The negotiated lease agreement gives local credit for past payment of taxes collected by Spokane County. The credit equates to $11.89 per person applied to the initial incorporation population of 82,005, giving the City of Spokane Valley a credit of $975,046.00. This same $975,046.00 credit will be used to pay for the actual lease payment and will continue to be drawn down as long as the City of Spokane Valley chooses to lease the Precinct facility or until it is exhausted. The lease agreement also sets the lease rate at $9.00 per square foot with future adjustments based on Consumer Price Index (CPI) of the previous year. The agreement covers maintenance and operational costs based upon the actual square footage of occupancy and on actual costs. Terms will roll over yearly with a six -month required termination notice or sooner by mutual agreement. The lease payment retroactively draws down on the $975,046.00 credit for 2003. The total monthly drawdown equates to a charge of $9,067.50 per month, totaling $108,810.00 for a full year, and actual occupancy charged during 2003 was from June 1 to December 31, 2003. The total drawdown for 2003 will be $63,472.50. For 2004 the total drawdown is anticipated to be $108,810.00. For the year 2004 and beyond, calculations would include any CPI adjustment from previous years. Not considering any adjustments for CPI, the current lease payment drawdown on the $975,046.00 credit would last approximately 8.9 years. Maintenance and operations costs (Exhibit B) depict charges that are due to the County for 2003 totaling $20,042.77. Estimates for 2004 are approximately $3,018.00 per month, totaling $36,220.00 for the fiscal year, but will be based on actual costs. The attached exhibit covers costs due to the County calculated upon the actual incorporation date and does not include any costs for the sixty days of service provided by statute at the initial onset of incorporation. Total costs for maintenance and operations due the County for 2003 are $20,042.77. Costs for the first six months of 2004, estimated at $3,018.11 per month, equal $18,108.00 due the County so far. At signing we will owe the County $38,150.00 for past maintenance and operations costs. I have discussed this with Finance Director Ken Thompson, and we have determined that there was no initial budget allocation for maintenance and operation costs in the original 2003 budget. We have anticipated projected costs of approximately $28,000 for the 2004 budget. Current projection based on actual energy expenditures for 2004 show a projected shortfall of approximately $8,000. This, along with the costs from 2003, will require us to come to the Council in the future with an anticipated request for an amendment to the budget of approximately $30,000 for 2004. Staff recommends entering into the finalized lease agreement for the Spokane Valley Precinct with Spokane County. CHIEF CAL WALKER SPOKANE VALLEY POLICE DEPARTMENT Return to: Page 1 of 9 Daniela Erickson, Clerk of the 13oard Board of County Commissioners 1116 W. Broadway Spokane, Washington 99260 INTERLOCAL COOPERATION AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY WITH REGARD TO THE PRECINCT BUILDING TIES AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter sometimes referred to as the "Parties." RECITALS: A. Pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and B. Pursuant to chapter 35.02 RCW, the City of Spokane Valley established Midnight, March 31, 2003, as its "official date" of incorporation and upon that date commenced operations as a city. Provided, however, under RCW 35.02.220 the County was responsible for providing law enforcement services for a period of sixty (60) days from the official date of incorporation or through May 31, 2003; and C. Pursuant to the provisions of chapter 39.34 RCW (interlocal Cooperation Act), counties and cities may contract with each other to perform certain functions which each may legally perform; and D. Pursuant to the provisions of RCW 36.34.130, the Board of County Commissioners of Spokane County may dispose of County property to another governmental agency upon such terms as may be agreed upon and for such consideration as may be deemed by the Board of County Commissioners to be adequate; and E. Prior to the incorporation of the City of Spokane Valley, Spokane County acquired that parcel of property located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, to include the building ("Precinct Building ") thereon hereinafter jointly referred to as the "Premises." The Precinct Building was subsequently renovated. The total cost for the purchase of the property and renovation of the Precinct Building was $2,400,000. Spokane County ( "County") and the City of Spokane Valley ( "City ") have discussed the City purchasing 56% of the Premises. The 56% figure represents the amount of space. occupied by the City in the Precinct Building in 2003. Recognizing that the citizens within the now incorporated limits of the City of Spokane Valley helped pay for the purchase of the Premises and renovation of the Precinct Building through payment of various taxes, Spokane County desires to give the City credit in the event it determines to purchase 56% of the Premises. The credit is calculated by taking the total cost of the Premises ($2,400,000) and dividing it by the population of the unincorporated area of Spokane County prior to the incorporation of the City of Spokane Valley (201,849). ($2,400,000 =- 201,849 = $11.89) The resulting number of $11.89 represents the unincorporated per capita cost of the Premises. This figure is then applied to the population of the City at the date of incorporation (82,500). ($11.89 x 82,500 = $975,046). The resulting number of $975,046 represents the credit that the County will afford the City if it detemmines to purchase 56% of the Premises 56% of the cost of the Premises is $1,344,000. ($2.400,000x 56% = $1,344,000) The credit of $975,046 is applied to the purchase price for 56% of the Premises, which leaves a balance of $368,945. ($.1,344,000 — $975,046 = S368,954.) [See Attachment "A" for calculations in another format.) The County and City desire to reduce to writing their understanding as to the (i) ownership of the Premises, (ii) terms and conditions under which the City may occupy the Precinct Building located on the Premises, and (iii) terns and conditions under which the City may purchase 56% of the Premises. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, which are made a part of this Agreement and incorporated herein, the Parties do hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is to set forth the Parties' understanding regarding: The terminology "Premises" shall mean that parcel of property located at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, consisting of approximately 105,519 square feet, including a building thereon hereinafter referred to as the "Precinct Building" which has 21,780 square feet. Page 2 of 9 (i) ownership of the Premises, (ii) terms and conditions under which the CITY may occupy the Precinct Building located on the Premises. (iii) terms and conditions under which the CITY may purchase 56% of the Premises, 2. OWNERSHIP/USE/PURCHASE. The CITY acknowledges that the COTJNTY is the owner of the Premises. The Parties acknowledge and agree that the total cost for the purchase and renovation of the Premises was TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000). Page 3 of 9 A. Ownership of the Premises. B. Terms and conditions under which the CITY may use the Precinct Building located on the Premises. The COUNTY agrees to allow the CITY to use a portion of the Precinct Building on a yearly basis. The CITY agrees to pay the COUNTY a yearly "use fee" for its occupancy of the Precinct Building and use of a proportionate share of the marked parking spaces on the Premises. The use fee will consist of two components. Component One will be a number representing the square footage rate normally charged lessees for Class 13 space not including Operation and Maintenance ( "O &M ") costs. For calendar year 2003 the Parties agree that Component One for the City's 56% occupancy of the Precinct Building was $9.00 per square foot or a total of $109.771 (56% of 21,780 square feet — 12,197 square feet. 12,197 square feet times $9.00 per square foot = $109,771). Since the CITY only occupied the Precinct Building from June 1, 2003 to December 31, 2003, the CITY'S 2003 Component One charge is $64,033.20. For calendar year 2004 the Parties agree that Component One for the CITY'S 56% occupancy of the Precinct Building will be $9.00 per square fool or a total of $109,771. In the event this Agreement runs beyond 2004, Component One for all subsequent years will be based on the CITY'S actual occupancy of the Precinct Building and a $9.00 per square foot charge increased annually as of January 1 of each year in an amount equal to the. Consumer Price Index (CPI) —All Urban Consumers, "U.S. City Average" (also known as Series ID:CUUR00QOSAO) as of December 1 of the previous year. The CITY will not pay the COUNTY any money for Component One so long as it has a credit as provided hereinafter. All amounts owing for Component One will be subtracted from the CITY'S $975,046 credit toward the $1,344,000 purchase price for 56% of the Premises as calculated and explained in Recital E. Each yearly credit of Component One will have the effect of increasing the CITY'S actual purchase price of the Premises in the same amount. Attached hereto as Attachment "A" and incorporated herein by reference is a document that the Parties agree accurately sets forth the CITY'S financial contribution/credit toward the purchase and renovation costs of the Premises. Attachment "A" in chart form sets forth the narrative in Recital "E." Once the CITY has used its credit of $975,046 in paying amounts owing for Component One, the CITY will be required to pay the COUNTY all amounts owing for Component One on the same frequency as Component Two discussed hereinafter. Any late payments of Component One as of this date shall, at the sole option of the COUNTY, be subject to the same penalty assessment as provided for with regard to Component Two. Since Component One is based on an agreed to yearly amount, there will not be an adjust and settle for Component One at the end of any calendar year. Component Two wi.11 be a number representing a square footage charge for O &M allocated to all occupants of the Precinct Building based upon their percentage of square footage occupancy. Attached hereto as Attachment "B" and incorporated herein by reference is a document that generally summarizes the M &O costs that will be allocated to occupants of the Precinct Building. The M &O costs include various categories of items including utilities (electric, water, sewer) garbage, janitorial services, inspection services, COUNTY indirect costs, capital improvements and miscellaneous M &O. The Parties acknowledge that there may be unanticipated, not budgeted M &O costs in any calendar year as well as unanticipated not budgeted capital improvements in any calendar year. The COUNTY Director of Administrative Services shall advise the CITY Manager in writing on or before November i of each calendar year of the planned capital improvements for the Precinct Building regardless of the cost for the following year. The COUNTY will consider the CITY's written comments on the planned capital improvements so long as they are received within fifteen (15) calendar days of the date of the notification. The COUNTY's determination as to the necessity of the planned capital improvement shall be binding on the Parties. The COUNTY Director of Administrative Services shall advise the CITY Manager as soon as possible of any unanticipated not budgeted capital improvement. The costs of all capital improvements whether planned or unanticipated shall be allocated in the year of the improvement and shall not be amortized over the life of the improvement. For the purpose of this Agreement the terminology "capital improvement(s)" shall mean any expenditure of $2,000.00 or more. Any such expenditure will be coded as provided for in the BARS - manual adopted by the State of Washington under chapter 43.88 RCW. For calendar year 2003 the Parties agree that Component Two will be calculated at the end of the calendar year based upon actual costs for M &O for the CITY'S 56% occupancy of the Precinct Building from .Tune 1, 2003 through December 31, 2003. For calendar year 2004 the Parties agree that Component Two will be based on the CITY'S 56% occupancy of. the Precinct Building for same items set forth in Attachment "B." For purposes of monthly billings in 2004, and subject to the adjust and settle provisions, the Parties agree that the monthly Component Two billing for the CITY'S 56% occupancy of the Precinct Building will be $3,018.11 per month. In the event this Agreement runs for subsequent calendar years, Component Two will be based upon the same items set forth in Attachment "B" applied toward the CITY'S percentage of occupancy for that calendar year. COUNTY will bill CiTY for Component One and Component Two monthly during the first week of the month, except for amounts owing for 2003 that will be included in the first billing in 2004. All billings shall be sent to the CITY at the address set forth hereinafter. Monthly billings, except for 2003 which will be billed in a lump sum, will be determined by dividing that yearly amount for Component One as set forth and calculated hereinabove by twelve (12) and the estimated monthly cost for 2004 for Component Two. Payments by CITY for Component Two will be due by the 5'' day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY for Component Two based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. At the end of calendar year 2004 and subsequent years the Agreement is in effect, using actual M &O expenditures, COUNTY will each determine whether or not the estimated O &M numbers Page 4of9 used as the basis for calculating O &M costs for Component Two were accurate. The COUNTY will provide the CITY with documentation substantiating all actual M &O expenditures. The CITY will be afforded a thirty (30) calendar day time frame to review and comment on the expenditure documentation. The COUNTY agrees to consider any written concerns) which the CITY raises with regard to its review of the expenditure documentation so long as it is received within the thirty (30) day time frame. However, the COUNTY's detennination of the expenditure will be controlling and binding on the Parties. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit that will be due and payable in the next monthly payment or in the event this Agreement is terminated within thirty (30) days of any billing. The adjustment will normally take place in February, but no later than April 30 of the following year. COUNTY agrees to sell CITY 56% of the Premises. The 56% figure represents the amount of space occupied by the CITY in the Precinct Building in 2003. The COUNTY has determined to give the CITY credit in the event it determines to purchase 56% of the Premises. The credit is calculated by taking the total cost of the Premises ($2,400,000) and dividing it by the population of the unincorporated area of Spokane County prior to the incorporation of the City of Spokane Valley (201,849). ($2,400,000 _ 201,849 = $11.89) The resulting number of $11.89 represents the unincorporated per capita cost of the Premises. This figure is then applied to the population of the CITY at the date of incorporation (82,005). ($.11.89 x 82,005 = $975, 046). The resulting number of $975,046 represents the credit that COUNTY will afford the CITY if it had purchased 56% of the Premises as of its official date of incorporation. 56% of the cost of the Premises is $1,344,000. ($2.400,000 x 56% = $1,344,000) The credit of $975,046 is applied to the purchase price for 56% of the Premises, which would have left a balance of $368,945 as the purchase price as of April 1, 2003. ($1„344„000 — $975.046 = $368,954.) For each year the CITY uses the Premises as provided for in this Agreement the purchase price will increase. This is due to the fact that the CITY does not pay the COUNTY during its use of the Premises any money for Component One of the use fee. Instead the amount due by the CITY for Component One is applied against its credit of $975,046 toward the purchase of 56% of the Premises. For example, in calendar year 2003, the amount owning by the CITY for Component One of the use fee was $64,033.06. ($109, 771 =12= $9,147.58 per month. $9,147.58 x 7 [representing June 1, 2003 - .December 31, 2003] = S64,033.06). This amount was applied to the CITY'S credit for the purchase of 56% of the Premises ($975,046). This would leave a credit remaining of $911,012.94. in the event the CITY determined to purchase 56% of the Precinct Building, its credit toward the purchase price would then be reduced by $64,033.06 thus it's the purchase price would increase $64,033.06 from the $368,954 for a total purchase price of $432,987.06. 3. TERM. The term of this Agreement shall be retroactive to April 1, 2003 and shall run through December 31 of each calendar year this Agreement is in effect. Either Party may terminate this Agreement for any reason whatsoever upon six (6) months written notice to the other Party, with notice to be made no later than June 30 of any year, such that the termination takes effect prior to or on December 31 of any year. The six (6) month notice requirement will assist each Party in analyzing and adopting its budget for the ensuing calendar year. Provided, Page 5 of 9 C. Terms and conditions under which the CITY may purchase 56% of the Premises. however, the Parties by mutual agreement may terminate this Agreement upon such notice mutually agreed upon. Provided, further, upon termination of this Agreement and the CITY determining to purchase its 56% occupancy of the Precinct .Building from the COUNTY, the purchase price will be based on the formula set forth in Attachment "A" and the. CITY'S Component Two credit to date. The Parties further agree that the COUNTY is providing the CITY with a credit toward the purchase of the Precinct building only in the event the CiTY determines to purchase its 56% occupancy share of the Precinct building. The COUNTY is under no obligation of any kind or nature to provide cash or in -kind services to the CITY for its citizen's proportionate share of the purchase price of the Premises. 4. UTILITIES. COUNTY shall furnish customary janitor /cleaning service, electricity for lighting and operating of low power usage office machines, heat, normal office air conditioning, and common area maintenance, during ordinary business hours of the Precinct Building. Phone services will be the sole responsible of the CITY. 5. ALTERATIONS, ADDITIONS, OR IMPROVEMENTS. CITY shall not, without first obtaining the written consent of the COUNTY, make any alternations, additions, or improvements in, to, or about the Premises or Precinct Building. 6. INSURANCE. A. County will obtain and keep in force property insurance for the replacement cost of the Precinct Building. The City will pay the County a share of the premium for this coverage based upon its occupancy of the Precinct Building as of June 1, 2003 for calendar year 2003 and January l for each subsequent year this Agreement is in effect. The cost of the City's share of the premium associated with the property insurance will be included in Component Two. B. Each Party shall carry its own property damage covering its personal contents and equipment. Each Party is encouraged to carry business interruption insurance coverage. C. Each Party shall carry Worker's Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide workers' compensation coverage for all their subject workers and Employer's Liability or Stop Gap insurance in the amount of $1,000,000. D. The County shall carry General Liability Insurance on an occurrence basis, with a combined single limit of not less than $1,000,000 each occun and $2,000,000 aggregate for bodily injury and property damage on the Premises. The Parties agree that the City will pay the County a share of the premium for this coverage based upon its occupancy of the Precinct Building as of June, I, 2003 for calendar year 2003 and January I for each subsequent year this Agreement is in effect. The cost of the City's share of the premium will be included in Component Two. It shall include premises and operations, independent contractors, products and completed operations, personal injury liability, and contractual liability coverage for the indemnity provided under the Agreement. Page 6 of 9 L. Each Party shall carry Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $1,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non -owned vehicles. F. There shall be no cancellation, material change, reduction of limits or intent not to renew insurance coverage(s) without thirty (30) days written notice from each Party or its insurer(s) to the other Parties. Each Party shall furnish acceptable insurance certificates or self- insurance letter from an authorized insurance risk pool to the other Parties upon request. The certificate shall specify applicable policy endorsements, the thirty (30) day cancellation clause, and the deduction or retention level. 7. LIABILITY. ABILITY. A. COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of its obligations under the terms of this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. B. CITY shall indemnify and hold harness COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out its obligations under the terms of this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CiTY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. C. The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 8. NOTICES. All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage Page 7 of 9 prepaid addressed to COUNTY or CITY shall from time -to -time designate by notice in writing to th other Party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 111.6 West Broadway Avenue Spokane, Washington 99260 Spokane County Director of Administrative Services 1116 West Broadway A venue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East SpraEue Avenue, Suite 106 Spokane Valley, Washington 99206 9. NO SEPARATE ENTITY CREATED. This Agreement does not create nor seek to create a separate legal entity pursuant to R.CW 39.34.030(3)(b). 10. FILING OF THIS AGREEMENT. T. The COUNTY shall cause this Agreement to be filed with the Spokane County Auditor. 1.1. AMENDI I) NTS. This Agreement may be amended at anytime by mutual Agreement of loth Parties executed with the same formalities as the present Agreement. 1.2. SEVERABILITY. It is understood and agreed among the Parties that if any parts, terms or provisions of this Agreement Fine held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall riot be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. 13. ENTIRE A F E11 ENT. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 14. NO WAIVER. No officer, employee, or agent or otherwise of the CITY or COUNTY has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of ally outer or subsequent breach. All remedies afforded in this A.greement at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law_ Failure of any Page 8of9 Party to enforce, at any time, any of the provisions of this Agreement or to require, at any time, performance by the other Parties of any provisions shall not, in any way, affect the validity of this Agreement or any part hereof, or the right of any Party to hereafter enforce each and every such provision. 15. FIEADINGS. Headings are inserted for convenience of reference only and are not to be deemed part of or to be used in construing this Agreement. 1.6. ASSIGNMENT. No Party may assign its interest in this Agreement without the express written consent of the other Party, which shall not be unreasonably withheld. 17. COMPLLANC'E WITH LAWS. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 18. VENUE. This Agreement shall be construed under the laws of Washington State. Any action at law, suit in equity or judicial proceeding regarding this Agreement or any of its provisions shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. 19. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on this day of , 2004. All bST: VICKY M. DALTON, Clerk of the Board B PHILLIP D. HARRIS, Chair DANIELA ERICKSON Deputy Clerk Attest: City Clerk Approved as to form only: City Attorney Page 9 of 9 BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON M.KATE MCCASLIN, Vice - Chair JOHN ROSK.ELLEY CITY OF SPOKANE VALLEY: By: Its: (Title) City of Spokane Valley Contribution to Premises Purchase Facility Purchase and Renovation Costs $2,400,000 Divided by: Unincorporated Population at Time of Purchase 201,849 Equals: Per Unincorporated Capita Cost of Facility $11.89 Multiply by: City of Spokane Valley Population 82,005 Equals: City of Spokane Valley Contribution $975,046 City of Spokane Valley Purchase 56% Ownership in Premises Facility Purchase and Renovation Costs $2,400,000 Multiply by: City of Spokane Valley Occupancy 56% Equals: City of Spokane Valley Share of Purchase Cost $1 Less: City of Spokane Valley Credit $(975,046) Equals: City of Spokane Valley Payment to Spokane County $368,94 ATTACHMENT "A" Utilities Janitorial Sery Inspection Sery Insurance Professional Other TOTALS Valley Precinct Building Summary of 2003 Expenses and 2004 Estimate for City of Spokane Valley June - December 2003 Spokane City of County Spokane Total Paid (44 %) Valley (56 %) 14,300.62 6,292.27 8,008.35 12, 782.00 5,624.08 7,157.92 620.69 273.11 347.59 5,128.80 2,256.67 2,872.13 1,527.02 671.89 855.13 1,431.53 629.87 801.66 35, 790.66 15,747.90 20,042.77 * Per Month calculated by dividing the City of Spokane Valley June - December 2003 amount by seven. "* Janitorial increased by 20% over 2003 ATTACHMEr, 2004 City of Spokane City of Valley Per Spokane Month * Valley Annual 1,144.05 13,728.60 1,227.07 *' 14,724.86 4 923.65 410.30 122.16 1,465.94 114.52 1, 374.27 3.018.11 36 Meeting Date: July 14, 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: Chamber of Commerce Request Regarding Ownership of Wastewater Assets GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The Spokane Valley Chamber of Commerce recently asked the County Commissioners for their position regarding transfer of ownership of the County's wastewater facilities. Attached is a letter from the Spokane Valley Chamber and a letter from the County Commissioners to the Chamber on this issue. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENT: CITY OF SPOKANE VALLEY Request for Council Action Attachment (1) The Honorable Mike DeVleming, Mayor and Members of the City Council Spokane Valley City Hall 11707 Easi Sprague, Suite 106 Spokane Valley, WA 99206 Dear Mayor DeVleming and Members of the Council: cc Mercier, City Manager Phil Harris, County Commissioner Kate McCaslin, County Commissioner John Roskelley, County Commissioner SPOKANE VALLEY C HAMBE R June 14, 2004 OF C O M. M. E R C E The Spokane Valley Chamber of Commerce has been studying wastewater treatment issues and the potential impact these issues have on the future growth and development of our community. In the process of reviewing information, we received a letter from our three county commissioners indicating a willingness to discuss the possibility of transferring ownership of wastewater management facilities to the City of Spokane Valley. We ask that you investigate the opportunities as outlined in the letter which is attached for your review. At this point these opportunities may involve the transfer of the collection system as it stands today. We feel that it is desirable to pursue this immediately due to the upcoming election which will change two of the three members of the commission. Thank you in advance for your diligence and your efforts on behalf of the citizens of Spokane Valley. Sincerely, Eldonna Gossett, MA President & CEO 8817 E. Mission Avenue, Suite fl, Spokane Valley, OVA 99212 -2532 (509) 924 -4994, (509) 924 -4992 FAX www.spokaneva]ley, hatnber.org infonspokanevallevchamber.ory RECEIVED JUN 2 1 2004 City of Spokane Valley • �y A �y� �pA {i1 S P O K, A. iii April 29, 2004 OFFICE OF COUNTY COMMISSIONERS JOHN ROSKELLEY, 1ST DISTRICT • KATE MCCASLIN, 2ND DISTRICT • PHILLIP D. FTARRIS, 3RD DISTRICT Eldonna Gossett, President & CEO Spokane Valley Chamber of Commerce 8817 E. Mission Avenue, Suite B Spokane Valley, WA 99212 -2532 Dear Eldonna: Recently, the Valley Chamber has had a task force review the options for wastewater management in the City of Spokane Valley. The Board of County Commissioners was recently asked what our position is on continued wastewater service to the City of Spokane Valley. We have met and agreed on the following position. First and foremost, the Board:supports regionalization of wastewater management services. We believe that a regional approach to wastewater management will provide the highest level of service at the lowest cost to the citizens. A unified approach to wastewater management would also afford our region the best protection of our water resources, including the Spokane Rathdrum Prairie Aquifer and Spokane River. However, if there is a strong desire by the City of Spokane Valley to assume ownership, operation, maintenance, and financing of the wastewater management facilities to serve the City, the Board would be receptive to a transfer, assuming that an equitable agreement for transfer of assets, debt, and reserves can be established. Sincerely, Board of County Commissioners of Spokane County •//t, .a/� /i 1 '. D. Hams ~` M. Kate cc: Wayne Frost David Mercier, City of Spokane Valley Bruce Rawls, Utilities Director asli', Vice -Chair 1 •411.44 Roskelley, Commissio 1116 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260 -0100 • (509) 477 -2265 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 13, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business new business ❑ public hearing ❑ information ❑ admin. report X pending legislation AGENDA ITEM TITLE : Punchboard & Pulltab Gambling Tax GOVERNING LEGISLATION: Ordinance 28 adopted a gambling tax on punchboard and pulitab operations for the City of Spokane Valley in early 2003. BACKGROUND: Spokane Valley incorporated in late March of 2003. Prior to incorporation the City adopted a gambling tax on punchboard and pulitab operations. The tax was 5% of the gross receipts from these operations. Prior to incorporation Spokane County levied a tax of 10% of net receipts. Operators of punchboards and pulltabs inadvertently paid 5% of net receipts rather than the 5% of gross receipts as called for in the Spokane Valley ordinance. The City Council discussed this situation at the council meeting on June 27 and asked staff to review records in an attempt to determine the council's goal when the tax was changed to 5% of gross for the city, rather than the county's 10% of net receipts. We have reviewed the written council minutes and listened to the tape recordings of the meetings. We cannot find any discussion of the tax on punchboard and pulitab operations. Lacking this information we find it difficult to argue the council intended anything other than the ordinance that was passed, which taxed pulltabs and punchboards at 5% of gross receipts. Following this line of thought, staff is preparing to send letters asking for the back tax from 36 establishments which operate these devices. Amounts due from these 36 businesses will range from $116 to $30,256. BUDGET /FINANCIAL IMPACTS: Punchboard and pulitab operators are underpaying the tax due the city based on the existing city ordinance by about $74,000 per quarter. STAFF CONTACT: Ken Thompson, Finance Director Attachments: Spokane Valley gambling tax ordinance #28 Section 1. Definitions. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 28 AN ORDINANCE OF TIIE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR THE TAXATION OF CERTAIN GAMBLING ACTIVITIES, PROVIDING FOR COLLECTION AND PENALTIES FOR VIOLATION THEREOF. WHEREAS, RCW 9.46.110 cities to provide for the taxing of any gambling activities within its jurisdiction; and WHEREAS, the City Council of the City of Spokane Valley Inds that it is in the best interest of the City to impose a gambling tax on certain gambling activities. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: For the ptu of this Ordinance, the terms used herein shall have the meaning provided in Chapter 9.46 RCW, as the same now exists or may hereafter be amended, and as further provided by the rules and regulations of the Washington State Gambling Commission, as set forth in Chapter 230 of the Washington Administrative Code, as the sane now exists or may hereafter be amended, unless otherwise specifically provided herein. Section 2. Imposition of Tax. Pursuant to RCW 9.46.110, as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations conducting or operating in the City of Spokane Valley any of the activities listed below a tax to be paid to the City of Spokane Valley, in the amount hereinafter specified: A. Bingo and Raffles (1) A tax in the amount equal to five percent (5 %) of the gross receipts from a bingo game or raffle, less the amount awarded as cash or merchandise prizes. B. Punchboards and Pulltabs (1) Commercial stimulant operators shall pay a tax in an amount equal to five percent (5 %) of the gross receipts from the operation of punchboards and pulltabs. 1 naarl=rausSOrdinance No 28. gambling iaa.JUC 1 (2) Bona fide charitable or nonprofit organizations shall pay a tax in an amount equal to ten percent (10 %) of the gross receipts from the operation of the games, Tess the amount awarded as cash or merchandise prizes. C. Social Card Playing (1) Operators shall pay a tax equal to ten percent (10 %) of the gross revenue from such card games. D. Amusement Games (1) Amusement games authorized for operation pursuant to the provisions of the Washington Administrative Code shall be subject to the levy of a tax in the amount not to exceed two percent (2 %) of the gross receipts from the amusement game, less the amount awarded as prizes, and shall be equal to the amount of actual costs and expenses incurred for enforcement of Chapter 9.46 RCW by the City of Spokane Valley. Section 3. Exemptions - Charitable and Nonprofit Oruanizations. A. Bingo and amusement games conducted by a bona tide charitable or nonprofit organization (as defined in RCW 9.46.0209) shall be exempt from the tax imposed by Section 2, when such organization has no paid operating or management personnel and its gross receipts from bingo or amusement games, or a combination thereof, do not exceed $5,000 per year, less the amount awarded as cash or merchandise prizes. 13. No tax may be imposed on the first $10,000 of gross receipts, less the amount awarded as cash or merchandise prizes, from raffles conducted by any bona fide charitable or nonprofit organization. Section 4. Payment of Tax. The tax imposed by this Ordinance shall be due and payable in quarterly installments and remitted to the City Finance Director together with the required information on the return forni(s), as prescribed by the City, on or before the 15th day of month succeeding the quarterly period in which the tax accrued, unless the 15th day of the month is a non - business day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applicable due date shall be delinquent, PROVIDED IHOWEVER: A. Whenever an entity subject to the tax imposed by this Ordinance ceases the taxable activity for a period of more than two consecutive calendar months the tax shall become due and payable on the 10th calendar day following the last date of business, unless the 10th day is a non- business day or Y:ktnil n¢Khmemsinn5nanee Yo'?. ga.bling tax.doc 2 holiday, then said tax shall be due and payable on the next business day. B. Whenever the City Manager, determines based upon a history of delinquent payment or an assignment for the benefit of creditors, or such other evidence that the ability of the City of Spokane Valley to collect the tax owing from the taxpayer may be in jeopardy, the City, after not less than ten days' written notice to the taxpayer, may require the taxpayer to remit taxes owing hereunder at a shorter interval than prescribed herein. Notice shall be given by regular and certified mail. In the event that the certified mail is refused by the taxpayer and returned to the City of Spokane Valley, notice shall be deemed effective upon the date of mailing of the notice by regular mail. Section 5. Administration of Collection. The City Finance Director is hereby authorized to create a gambling tax form, which shall be available to the public in reasonable numbers at the. City Office during regular business hours. Taxes paid hereunder shall be accompanied by the gambling tax return form and a copy of the taxpayer's quarterly report to the Washington State Gambling Commission for the period in which the tax has accrued. The taxpayer shall be required to swear and affirm under penalty of perjury under the laws of the State of Washington that the information given in the return is true, accurate and complete. The City Finance Director is authorized, but not required, to mail to taxpayers gambling tax return forms for remitting the tax owing hereunder. Failure of the taxpayer to receive such a form shall not excuse timely payment of all taxes due and owing hereunder. Section 6. Delinquent Taxes - Lien Authorized - Collection Actions. Whenever any tax imposed hereunder shall become delinquent, the City Attorney is authorized to file a lien upon the personal and real property used in the gambling activity taxable by this Ordinance in the same manner as provided for under RCW 84.60.010, as the same. now exists or may hereafter be amended. Pursuant to RCW 9.46.110 as the same now exists or may hereafter be amended, the lien shall attach on the date the tax becomes due and shall relate back and have priority against the real and personal property to the same extent as ad valorem taxes. The City Attorney is further authorized to bring a civil action to collect fees, interest, penalties and delinquent taxes owing hereunder pursuant to RCW 9.46.350, as the same now exists or may hereafter be amended. Section 7. Late Penalty - Interest. A. If a payment of any tax imposed hereunder becomes delinquent, there shall be added to said tax a late penalty in an amount as may be established from time to time by Resolution of the City Council. B. In addition to an assessment of a late penalty as prescribed P.Serneil ambttunenis%Ordinanu Na 23, pmhling ws,dne 3 by Section 7(A), any quarterly tax payment not paid by the due date shall bear interest at the rate of twelve percent (12 %) per annum or the maximum legal rate, whichever is greater. Section 8. Notice of Intention to Engage in Gambling Activity - Filing with City. For the purposes of identifying those subject to the taxes imposed by this Ordinance, each person, association or organization intending to conduct or operate any gambling activity which requires a license pursuant to Chapter 9.46 RCW as the same exists or may hereafter be amended, shall no later than five days prior to the commencement of any such gambling activity, file with the City Finance Director a sworn declaration of intent to conduct or operate such activity on a form to be prescribed by the City, together with a copy of any license issued for that gambling activity by the Washington State Gambling Commission or its designee. Section 9. Inspection and Audit of Premises. Paraphernalia. Books and Records, A. The premises and paraphernalia, and all the books and records of any person, association or organization conducting gambling activities pursuant to Chapter 9.46 RC \V, as now existing or hereafter amended, and any person, association or organization receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the Chief of Police, or his or her designee for the purpose of determining compliance or noncompliance with the provisions of this Ordinance, Chapter 9.46 RCW, and any rules or regulations adopted thereunder. A reasonable time for the. purpose of this section shall be: (1) if the items or records to be inspected or audited are located anywhere upon a premise, any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or which they are usually open; or (2) if the items or records to be inspected or audited are not located upon the premises set out in subsection (1) above, then at any time between the hours of 8:00 am. and 9:00 p.m., local time, Monday through Friday. B. Each person, organization or association engaging in any gambling activity taxable under this Ordinance shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary for the City to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained For a period of not less than five (5) years. C. It shall be the responsibility of each individual taxpayer, and for organizations, associations, or corporations, the responsibility of each owner, officer, director or manager thereof, to make available at the times set forth above such financial records and information as the City or his or her designee may require in order to determine full compliance with this Ordinance. Section 10. Penalties. I':lansil 1111116mentetOrdinarre No 23, gtmbling tn,do: A. Whoever, in any application for a license or in any book or 4 record required to be maintained by this Ordinance or by the Washington State Gambling Commission or in any report required to be submitted to said Commission or to the City of' Spokane Valley hereunder, shall make any false or misleading statement, or make any false or misleading entry or willfully fail to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the Commission or its designee, any book, record or document required to be maintained or made by Federal or state law, or this Ordinance, shall be guilty of a gross misdemeanor subject to the penalties set forth in RCW 9A.20.021, as now existing or hereafter amended. 13. R.CW 9.46.185, 9.46.190 and 9.45.195, as now existing or hereafter amended, are hereby adopted by this reference as if set forth fully herein verbatim. 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. incorporation. Passed By the City Council of the City of Spokane Valley on January 2003. ATTEST: Section 11. Severability. Section 12. Effective Date. Approved As To Form: P:lecmil uincl Nn: s. gemPnling iax.Jm This Ordinance shall be in full force and effect five of the official date of Interim City Clerk, Ruth Muller ey, Stanley '1. Schwartz Mayor, Michael DeVlem' ng 3 Date of Publication: /l rru4 ZFS 2 Effective Date: P:1cmai1 atmclurtentslOrdirarscc No :9, garbling tex.dac 6 i Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley May 2004 LIBRARY SERVICES Customer use measures The reasons for the overall circulation and reference inquiry decrease continue to be a topic of discussion. However, the rate of the decrease is decreasing. May year -to -date circulation is down 3 %, compared to 4% at the end of April. Interestingly, online materials renewals are up 94 %, which has the effect of reducing individual branch numbers. Reference transactions continue to be down 12 %. On the positive side, the door count is up 1 %, program attendance is up 3 %, and Internet bookings have increased by 12 %. We added 1,127 new cardholders, bringing the registered customer total to 109,390, or 48.3% of the service area population. This percentage always comes with the caveat that because cards are often shared by two or more household members, the actual number of customers is higher. Customer use measure decreases in the three greater Spokane Valley branches continue to be greater than the system average. Self- checkout use remains at a little over one - third of Valley Library circulation and many customers have commented positively about the convenience of holds self pick- up. Valley Library staff noted another potential factor in that branch's lower checkout figures: the elimination of a romance paperback "exchange" in which donated, uncataloged romances were checked out by the bagful using a generic barcode number. Now all romance paperbacks are in the catalog and shelved with the hardcover romances. Even though we're purchasing more romance paperbacks than ever, we've lost up to an estimated 2,000 checkouts per month by that group of readers. Program attendance figures were negatively impacted by slightly lower participation levels of schools in summer reading program promotional visits. Selected May 2004 Statistics Page of 7 Circulation Door count Reference Inquiries Program Attendance Internet Bookings YTD YTD to 2003 Y1'i7 YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 Total SCLD 766,164 - 3.2% 370,995 + 0.9% 103,889 -11.8% 23,063 + 2.9 75,580 + 11.6% Valley 217,478 - 9.5% 99,546 - 10.8% 34,413 - 13.5% 5,190 + 4.9% 25,143 + 8.3% Ar onne 51,182 - 8.6% 32,978 - 5.1% 5,266 - 10.9% 719 - 23.3% 5,554 - 2.2% Otis 40,019 - 19.0% 19,027 - 16.2% 3,172 - 43.0% 1,169 - 9.0% 3,456 + 2.7% Subtotal 308,679 -10.7% 151,551 - 10.4% 42,851 - 16.9% 7,078 + 2.0% 34,153 + 5.9% % SCLD 40.3% --- 40.8% - -- 41.2% - -- 30.7% --- 45.2% --- i Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley May 2004 LIBRARY SERVICES Customer use measures The reasons for the overall circulation and reference inquiry decrease continue to be a topic of discussion. However, the rate of the decrease is decreasing. May year -to -date circulation is down 3 %, compared to 4% at the end of April. Interestingly, online materials renewals are up 94 %, which has the effect of reducing individual branch numbers. Reference transactions continue to be down 12 %. On the positive side, the door count is up 1 %, program attendance is up 3 %, and Internet bookings have increased by 12 %. We added 1,127 new cardholders, bringing the registered customer total to 109,390, or 48.3% of the service area population. This percentage always comes with the caveat that because cards are often shared by two or more household members, the actual number of customers is higher. Customer use measure decreases in the three greater Spokane Valley branches continue to be greater than the system average. Self- checkout use remains at a little over one - third of Valley Library circulation and many customers have commented positively about the convenience of holds self pick- up. Valley Library staff noted another potential factor in that branch's lower checkout figures: the elimination of a romance paperback "exchange" in which donated, uncataloged romances were checked out by the bagful using a generic barcode number. Now all romance paperbacks are in the catalog and shelved with the hardcover romances. Even though we're purchasing more romance paperbacks than ever, we've lost up to an estimated 2,000 checkouts per month by that group of readers. Program attendance figures were negatively impacted by slightly lower participation levels of schools in summer reading program promotional visits. Selected May 2004 Statistics Page of 7 May Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Preparing for the start of Summer Reading with school visits and tours, interacting with customers concerned about the future of the Valley Library, and welcoming new adult services supervisor Karen l3yrne to the staff were the high points of the month. Behind the scenes projects, direct customer service, adult programming and displays, and several training opportunities fleshed out the month. In Information Services /Adult Services, the big news for the month was the arrival and orientation of new adult services supervisor Karen Byrne. Staff worked on a major clean -up project— dealing with 1,300 holds that had been placed by customers on missing and long overdue items. Replacements were ordered for many, but a large number of customers were sent "no last copy" letters. Youth Services staff made many school visits during the month. As of the end of May, 25 out of the 32 elementary schools in Region II were scheduled, fewer than the usual 30. Staff also participated in an ARC program to promote summer reading for kids with disabilities. Supervisor Mary Ellen Braks meet with Spokane Valley Arts Council volunteers to talk about their use of the meeting room for a weekly kids' art program, June 17 through August 26th. Argonne (Judy Luck, branch supervisor): "The Art of Designing &z Enjoying Garden Water Features" program attracted four people who seemed to really enjoy it. The two May storytunes were well- attended, and, of course, people showed up for the next two Wednesdays as well despite having notice that we were taking a short break. A staff member's doll collection was featured in the locked display case, and she displayed doll books for customers to check out. We displayed gardening books on the table opposite the circulation desk and D- Day /WWII books and bookmarks on the top of the reference shelves. Otis Orchards (Bev Bergstrom, branch supervisor): We began storing the current year of each adult magazine underneath the display shelving, in preparation for our 17 new incoming titles. We had a lot of interested children take home our creativity starter kits (in celebration of May's National Creative Beginnings Month), with nine creations brought in for display. Valley (Ellen Miller, regional manager): All of the children's furnishings arrived and the painting, tackable wall coveri.ng, and carpet inset were finished. The new look really adds to the atmosphere in the children's area. Customers are commenting favorably on the changes and the large chairs are a very big hit! The little stools have been great fun for the kids to sit on and to build with. Our adult programming for the month started with a respectable seven in attendance for the Master Gardener presentation on gardening in Spokane and ended with a crowd of 28 for the Bonsai presentation. Book displays on graphic novels, health and fitness, D -Day, poetry, gardening, and bonsai garnered a' lot of attention —and the books checked out like crazy. The major pamphlet file weeding project was Page 2 of 7 Total °A) of SCUD % Adult "/o Youth Total SCLD 109,390 — 71% 29% Valley 37,601 34.4% 75% 25% Argonne 10,151 9.3% 75% 25% Otis 5,840 5,4% 65% 35% Subtotal 53,592 49.1 % — — May Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Preparing for the start of Summer Reading with school visits and tours, interacting with customers concerned about the future of the Valley Library, and welcoming new adult services supervisor Karen l3yrne to the staff were the high points of the month. Behind the scenes projects, direct customer service, adult programming and displays, and several training opportunities fleshed out the month. In Information Services /Adult Services, the big news for the month was the arrival and orientation of new adult services supervisor Karen Byrne. Staff worked on a major clean -up project— dealing with 1,300 holds that had been placed by customers on missing and long overdue items. Replacements were ordered for many, but a large number of customers were sent "no last copy" letters. Youth Services staff made many school visits during the month. As of the end of May, 25 out of the 32 elementary schools in Region II were scheduled, fewer than the usual 30. Staff also participated in an ARC program to promote summer reading for kids with disabilities. Supervisor Mary Ellen Braks meet with Spokane Valley Arts Council volunteers to talk about their use of the meeting room for a weekly kids' art program, June 17 through August 26th. Argonne (Judy Luck, branch supervisor): "The Art of Designing &z Enjoying Garden Water Features" program attracted four people who seemed to really enjoy it. The two May storytunes were well- attended, and, of course, people showed up for the next two Wednesdays as well despite having notice that we were taking a short break. A staff member's doll collection was featured in the locked display case, and she displayed doll books for customers to check out. We displayed gardening books on the table opposite the circulation desk and D- Day /WWII books and bookmarks on the top of the reference shelves. Otis Orchards (Bev Bergstrom, branch supervisor): We began storing the current year of each adult magazine underneath the display shelving, in preparation for our 17 new incoming titles. We had a lot of interested children take home our creativity starter kits (in celebration of May's National Creative Beginnings Month), with nine creations brought in for display. Valley (Ellen Miller, regional manager): All of the children's furnishings arrived and the painting, tackable wall coveri.ng, and carpet inset were finished. The new look really adds to the atmosphere in the children's area. Customers are commenting favorably on the changes and the large chairs are a very big hit! The little stools have been great fun for the kids to sit on and to build with. Our adult programming for the month started with a respectable seven in attendance for the Master Gardener presentation on gardening in Spokane and ended with a crowd of 28 for the Bonsai presentation. Book displays on graphic novels, health and fitness, D -Day, poetry, gardening, and bonsai garnered a' lot of attention —and the books checked out like crazy. The major pamphlet file weeding project was Page 2 of 7 completed, decreasing the size of the collection by about 40% and allowing the removal of two of the file cabinets. Self checkout continues to be popular with 34% of circulation checkouts taking place at the self- checkout stations. Outreach (Doug Stu;nbough, outreach coordinator): Staff has been talking up Summer Reading at child care storytimes this month, showing off the reading logs and bookmarks and passing out storytime schedules. A few stozytirnes were cancelled or rescheduled because of field trips, other activities, or unexpected fire drills. Aside from the fire drill, this is not usual for the last month of school. We made our return visit to Rose Pointe this month and were greeted warmly and enthusiastically by some former homebound customers and the staff. Comment from an Outreach customer upon receiving a book about our sixth president: "John Quincy Adams had the disposition of...well...of a quince!" Friends of the Library Recruitment for a Valley Friends of the Library organization began at the capital facilities planning open house, with three volunteers taking turns at a sign up table near the entrance to the meeting room. About twenty people agreed to either participate or said that they'd like to be kept informed about the group's activities. The Medical Lake Friends and Cheney Friends met during May, with board chair Frank Payne attending their meeting to extend the Board's thanks for their work on behalf of the library. At Fairfield, branch supervisor Danielle Florea reported on crafting book journals with the Friends group, which is talking of turning the book journals into an ongoing fund raiser depending on the convnunity response after the Flag Day parade. The library also received the rug that the Friends purchased to accent the new children's area chair. The Friends of the Otis Orchards Library made $1,295.70 from their book sale. They are very interested in purchasing a "chair and a half" for the children's area. They also purchased a Subway sandwich gift card for the staff to use as needed. COLLECTION SERVICES Library materials We ordered 1,519 titles and 5,971 items in May and sent 5,436 items to branches. We have sent out 7,668 more items to date this year than last year to date! Year -to -date we have ordered 7,282 titles and 24,956 items. Programming May's adult programs focused on several varieties of gardening. Programs on Garden Water Features and Gardening in the Spokane Area were presented by Master Gardeners. Two programs on bonsai were presented by members of the Inland Empire Bonsai Society. 121 adults attended the five May programs. Partnering with Spokane Community College, we did a storytime for kids of single- parent students getting a tour of the library. Summer reading talks in area elementary schools got underway in the dozen school districts we serve. This year's program theme, Discover New Trails @ Your Library, is being used statewide for those libraries choosing to participate. Our program is jointly planned with Spokane Public Library. Information on all public library summer reading activities, along wi.th other information on the program, is posted at www.summerreadingspokane.org. Page3of7 The Reading for Fine Forgiveness program will kick off on June 1. Young people up to age 18 will be able to reduce library fines by "reading them off" at a penny a minute, up to a maximum of $5 per year. Parents or guardians must sign a form to attest to the reading times. Miscellaneous ■ We saved over half our previous cost for OCLC telecommunications by changing to a per - minute cost rather than a flat fee. • Several database cleanup projects continued, including the paperback author letter project, which has fewer than 1,000 titles to be completed. • The youth services "Make R. Take" staff workshop produced frail-head posts and hiking boots to decorate for the summer reading program. • Youth services coordinator Thorn Barthelrness coordinated a centralized high - circulation picture book weed and replace project. ■ Mr. Barthelrness and collection services manager Lyn Dedas revised the Moran Prairie opening collection numbers after running reports of what we have there now and looking at projections and costs. The 5265,000 materials budget will be plenty for what we need to add. ADMINISTRATION Moran Prairie project: Design The project committee held several meetings with the ALSC Architects team at which work begun on schematic design of the site and library floor plan. By the end of the month, the committee had agreed on preferred site and floor plans for further development by ALSC prior to the June 8 open house during which the Moran and Glenrose Prairie communities will have an opportunity to comment on the plans. The project committee will be meeting an the following day to review open house comments and make any adjustments in the plans prior to presenting it for Board approval on June 15. Moran Prairie project: Bond sale The MPLCFA bonds, rated A3 by Moody's, were priced on May 17 and sold on May 18 by the MPLCFA board (a.k.a. Board of County Commissioners) to the underwriter, Piper Jaffray. The bonds and other associated documents were signed on May 25. The proceeds will be disbursed to the MPLCFA project fund on June 3. Legislative activities ivtike Wirt attended American Library Association's annual National Library Legislative Day related activities in Washington, D.C. on May 3 and 4. There was a full day of federal library issue briefings on Monday and then Congressional visits on Tuesday. The Washington contingent (which also included Spokane Public Library director and ALA committee on legislation chair Jan Sanders, WLA president John Sheller, Washington Library Media Association legislative chair Jennifer Maydole) visited with staff of 9 of the 11 Senators and Representatives, with Senator Maria Cantwell and her senior policy advisor, and weren't able to visit one .Representative's staff because of a scheduling problem. On the Friday of the same week, Mr. Wirt traveled to Issaquah to chair a session wrap up and future planning meeting of the WLA legislative planning committee. There'll be another meeting in mid - July, by which time it should be known if 1 -864 has received enough signatures for the November election ballot. More MLIS degrees in the making Page 4 of 7 Rachel Edmondson, library clerk at the Deer Park Library and outreach services coordinator Doug Stumbough have been accepted into the Fall 2004 University of Washington Information School Distance MLIS program. They'll join Stacey Goddard and Pat Stainbrook, who are completing their second year of the three -year program. GOVERNMENT RELATIONS City of Spokane Valley: Future library services The city council heard a staff report at its May 25 meeting that stated that parks maintenance and library services contracts would be used for a "managed competition" pilot project in which private vendors will be invited to compete. A Request for Proposal for each service is to be issued by the end of July with vendor decisions made by the end of September. This news generated a couple of newspaper articles, many questions and comments from our customers and a fair amount of staff angst about their future employment. City of Spokane Valley: Library capital facilities planning 70 -75 people attended the May 27 opportunity for Spokane Valley residents to express their opinions regarding future library facilities. Three city council members and the mayor dropped by, as did the deputy city manager and the city's administrative analyst. Three SCLD trustees also attended for part of the time. The ratings and comments showed high satisfaction with most library services, that there's no interest in relocating the Argonne branch, and that most people like Valley Library where it is. Many of the written comments centered on disagreement with the idea of privatization of library services and a desire to remain with SCLD. The next step for planning purposes is to review the public input and other information to come up with two facility models for further development. The committee's next meeting is June 10. COMMUNITY RELATIONS SCLD was well represented at May's West Plains Chamber of Commerce general membership lunch. Besides all three West Plains branch supervisors, regional manager Linda Dunham and SCLD director Mike Wirt attended. Regional manager Ellen Miller and Mr. Wirt attended the monthly Spokane Valley Chamber of Commerce meeting. SCLD will be partnering with the Spokane Valley Arts Council, a non- profit group, in cosponsoring weekly summer art classes for kids at our Valley Library. During our summer reading program, each week's class activity will be related to that week's program, such as pu.ppet - making during the week of our puppet show. Several management team members attended the annual Women Helping Women Fund luncheon on the 6th Ms. Miller and Mr. Wirt met with Central Valley School District superintendent Mike Pearson on May 10 to talk with him about our programs for kids and to find out more about school district plans and programs. As a result, Central Valley School District will be including information on District summer reading and other reading related programs in its Friday newsletters sent home with all students. This may pave the way for regular library info in the next school year's publications. Ms. Miller has accepted a position on the Spokane Valley Legacy Museum board. This will be a great partnership with a new community organization. Page 5 of 7 COMMUNICATIONS (BETH GILLESPIE, COMMUNICATIOiNS SPECIALIST) ■ Ellen Miller was interviewed by KPBX news reporter John Vlahovich for a segment focusing on Moran Prairie and our building project; he also interviewed Mike Wirt regarding the Spokane Valley council's managed competition decision. ■ Mike Wirt responded to Spokane Valley - related questions from Spokesman - Review reporter Megan Cooley on two different occasions. ■ Beth coordinated and staffed the Spokane Valley capital facilities planning open house, formatted the open house information into a take -away packet, and handled publicity for the event. ■ Work began on the Moran Prairie open house, including reserving the Grange, publicity and coordination with ALSC Architects. • The Central Valley School District community relations department was provided with summer and fall. reading activities to be included in weekly District newsletters. • Beth coordinated District participation in West Valley Days parade. • The District's 2003 annual report was distributed and posted online. HUMAN RESOURCES (PAUL EICHENBERG, HR MANAGER) • It was a busy month on the staffing front. Three staff resigned and one announced a June retirement; recruitment continued for three positions; interviews were held for six positions; three staff were promoted; and two applicants were hired. ■ HR Manager Paul Eichenberg continued rewriting position descriptions for use in the classification and compensation study. ■ Staff have begun inputting employee data in to the ABRA software system, which will be online for HR by June 30. INFORMATION TECHNOLOGY (PRISCILLA ICE, IT MANAGER) • We'll be purchasing a new piece of SIRSI. software, the Director's Station, a user - friendly interface that provides materials collection, collection use, and cardholder information and analysis. It will also be available to managers and supervisors. ■ In the PC support area, we obtained the newest version & licenses for Symantec Antivirus for desktops, servers and Exchange; assisted with the upgrade of MAS-90 at the business office; and support specialist Jim Pflepsen applied for Dell self- maintenance certification. This will allow us to do our own troubleshooting and directly order the parts we need, avoiding the need to go through Dell tech support for warranty service when we already know what's wrong. • We set up a public domain. This separate new domain will be used for the updated Gates computers and the new Internet computers, is part of the process of retiring the old domain controller, and will improve network security since the public computers are on a different domain from the staff. • We began tracking the proportion of e-mail to paper mail notices. In May the numbers for holds were 9,375 notices, of which 39% were e- mailed; 2,9531$+ overdue notices, with 19% e- mailed; and 693 2nd notices, of which 16% were e- mailed. Clearly, people who place holds are more ready to give us e -mail addresses than are other customers. FINANCE, PURCHASING, FACILITIES (BILL SARGENT, BUSINESS MANAGER) • The internal accounting system for processing the District's handling of the MPLCFA fu.nds was developed, and handling and disposition of the MPLCFA bond proceeds was coordinated with Page 6 of 7 the county Treasurer's and Auditor's Offices. ▪ Installation of the ABRA payroll & HR suite was finalized and the most current update to the MAS-90 accounting software program was installed. • There will be a three month pilot project on the use of eBay for disposing of some higher value surplus library materials. If cost effective, it will be continued. Accounts with el3ay and Pay -Pal have been established for this purpose. • The Valley children's area project (painting, carpet modifications, and furniture installation) was completed. • Planning began for the Argonne building painting and carpeting project. It will be done in two phases: Administration (except Collection Services) in August; Collection Services and Argonne Library in December. Note: This report is from the May 2004 report to the Spokane County Library District Board of Trustees with added information related to Spokane Valley. Page 7of7 s i�i ' an e U Valley V 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org To: Tom Scholtens, Chief Building Official Marina Sukup, Community Development Director C. Kevin Severance, PW Inspector From: Kelly Sammeli, Code Enforcement Officer Date: June 25, 2004 STAFF REPORT SUMMARY June 10, 2004 code was asked to check a line of sight issue reported to the Public Works department who felt that there was an issue. Due to the location being at the intersection of Pines and Valley Way I went to see it. I took several photos sitting at the stop sign located on Valley View. I did also concur that this was a life safety issue and came back to the office to check the building files for a property located at 324 Pines. Upon further investigation into the files there was documentation that this line of sight had previously been an issue and the case was presented to Mr. Dempsey the Spokane County Hearing Examiner in 1996: Copies of the findings and a photocopy of the site plan were copied. On June 25` 2004 Kevin Severance and I went to visit the business located at 324 Pines Road to make contact with the owner and advise them of the situation and ask them to please correct it. We went in to the business and I introduced myself and Kevin and asked to speak to the owner or manager. A gentleman then said "what for" and I proceeded to tell him again that we were from the City and we needed to discuss this hand delivered letter that I was going to leave. I then got the attention of another man who proceeded to take the letter out of my hands and read it. I was trying to explain the situation and he got very loud and proceeded to say he would just close that business down. I again tried to explain that what we needed was to just relocate the vehicles in the parking lot of the business so that traffic traveling on Pines would be visible to anyone entering onto Pines from Valley View and if he would be so kind as to step outside we would show him and explain as to what needed to occur for the correction. He then outside with Kevin and me and then as I was explaining the setback requirements and the parking, another young man came out and he started to yell at us that he was the sales manager and that he needed to know what to do. Kevin explained the line of sight issue again and then he marked the parking area with white paint upon my asking him to so that it was clear as to the location that was the issue. After that was done, I thanked them and started to the vehicle and said to Kevin that I was going to call Tom and let him know that this man was upset and he probable was going to get a call. I then got into my vehicle and called Tom, was unable to speak to him however, I left a message and advised him as to what had happened and that he was probably going to get a call. Attached is a copy of the hand delivered letter and the materials that were provided to the manager of the car lot. Kelly Sammeli pokane 4 \ June 14, 2004 To whom it may concern; Recently the City of Spokane Valley received three complaints from citizens about the ability to see on coming traffic traveling West on Pines when entering onto it from the intersection of Valley Way. It was sent to the Public Works Department for review and to be processes. It has been determined by a public works inspector that that there is a life safety issue at this intersection. The information that was documented reflects that it is due the location of parked vehicles located at 324 N. Pines. In reviewing this matter further 1 found documented information that the parking of vehicles in this location is prohibited. The area that is being utilized for parking is in the clear view triangle location and in September 1996 a decision was made by the Spokane County Hearing Examiner that this should not occur. Copies of such information are attached hereto. The area in front of 324 N. Pines has a required 1 foot setback from back of curb. Therefore, the vehicles along this portion of the property must be relocated back out of this area to provide a clear view for traffic flow. This matter must be addressed immediately. This is a life safety concern for all of our citizens and refusal of this request could constitute a retraction of the Certificate of Occupancy. Please contact me if you have any questions. I can be reached Monday through Friday 8AM- 5PM at (509) 869 -5394. Respectfully, ' Kelly Sammeli Code Enforcement City of Spokane Valley (509) 688 -0170 Occupant: Owner: Community Development Director Chief Building Official Public Works HAND DELIVERED 11707'E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 (509)921-1000 City .9fall" 509) 921 -1008 TAX OFFICE OF THE HEARING EXAMINER C O U N T - Y - MICHAEL C. DEMPSEY, CHIEF EXAMINER September 19, 1996 A. R. Mirghanbari South 2925 Mt. Vernon Spokane, WA 99223 RE: Letter of Approval for ZE- 31 -96; Zone Reclassification from Urban Residential -22 (UR -22) and Neighborhood Business (B -1) to Regional Business (13-3) Dear Mx. Mirghanbari: Please be advised that after visiting the site again after the public hearing held in the above matter, I have decided to approve your application for a rezone of property located at the southeast corner of the intersection of Pines Road and Valleyway. I will, however, add two additional conditions to the approval as stated belowy. In accordance with Section 14.810.020(2) of the Spokane County Zoning Code, the proposal shall be conditioned to prohibit any sight obstruction that constitutes a hazard to the traveling public, as determined by the County Division of Engineering, within the "clear view triangle" applicable to corner lots. This includes elimination of parking space(s) in the northwest corner of the property that creates a sight obstruction within the. "clear view triangle ", as determined by County Engineering. Mr. Engelhard of County Engineering will be requested to review the site plan again to make this determination. The proposal will also be conditioned to prohibit any testing, along Valleyway, of motor vehicles that are being offered for sale, repaired, detailed or serviced on the site. Valleyway east of the site is a very narrow arterial, bordered by single- family homes in a residential setting. This approval is subject to the entry of formal written findings, conclusions and decision consistent with this letter. Very tr l rs, • c •7 Michael C. Dempsey Spokane County Hearing Examiner cc Louis Webster, Division of Building and Planning Scott Englehard, Division of Engineering WSDOT, 2714 North Mayfair, Spokane, WA 99207 2090 Dwight Hume, South 107 Howard, Suite 325, Spokane, WA 99204 Robert Anzivino, 15922 East 23 Court, Veradale, WA 99037 Jim Make, 11905 East 25 Avenue, Spokane, WA 99206 Bill Sleeth, South 9 Washington, Suite 701, Spokane, WA 99204 Jess Richardson, 12508 East Valleyway, Spokane, WA 99216 THIRD FLOOR PUBLIC WORKS BUILDING 1026 WEST BROADWAY AVENUE, SPOKANE, WASHINGTON 99260-0245 PHONE: (509) 324 -3490 • FAX (549) 324 -3478 • TDD: (509) 324 -3166 0-x151 • PIRa- 4fyr2RA IT' 11 • OLIVs - pN F. N'V6 . *1 • +1 • i,• 1- fwws yelyau '� L. I ;1.1 " ` OVT 170OR e;sr L:AcY �- ak . .3 c.t.R 6 [ y106 vJAti.Y z9 • .or F P er s.rr wry • r'/`XKl0f � 1J".yo i k 6:- .41-OP 5)(14 1,16 we.e W7� A -O 7A c N r ^� wT LW . .'� 8µ , • ? 1 ST1NG • fcaI 1•IV•• -. . - 38' ksw S�fOV✓�oc"^ *t el. 100 6. F. Ff..„ Ic6 • e2 +J f• 1") (.2 { RL!'.PA1R OfkIG�' e,•(0 4.P. (�Zlb S.F. • z o a 7 , .JG - 7I• 5 ' - 5 IJew 2 TR• g5r r r 1 � • • Pas/VMe< ors 4-ca . • +S Attendance: Cou ncilmem bers Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember NOTES S1'ECLAL MEETING WORKSHOP/RETREAT SPOKANE VALLEY CITY COUNCIL June 26, 2004 9:00 a.m. — 1:00 p.rn. Staff Dave Mercier, City Manager Nina Regor, Deputy City Mgr Marina Sukup, Comm. Dev. Dir. Ken Thompson, Finance Director. Cary Driskell, Deputy City Attorney Neil K.ersten, Public Works Director Mike Jackson, Parks & Recreation Director Cal Walker, Police Chief Tom Scholtens, Building Official Chris Bainbridge, City Clerk After Mayor DeVleming called the meeting to order at 9:15 a.m., City Manager Mercier gave a brief explanation of the agenda for the day, went over the highlights of where we are on the workplan, and explained that the gray block on the color sheets indicates a new timeline. 1. Update City Workplan a. Community Development Community Development Director Sukup stated that tasks are mostly on track and brought council attention to a few added tasks. She stated that after holding at least five community meetings and numerous meetings with stakeholders of the comprehensive plan, that staff anticipates having the last of those community meetings in either September or October, and at that time she hopes to have a draft plan for community members' review. She said that she is working with the contract concerning the SpraguelAppleway Development and expects over a two -day period, to hold a charrette some time in September, adding that the transportation element may he forth coming a little slower in the process than anticipated. Director Sukup added that the bus circulation staff have been attending the community meetings and are examining ways of re -doing their valley routes. City Manager Mercier added that City staff will attempt t:o schedule a community meeting in the U -high area in September. Ms. Sukup also stated that they are investigating the possibility of having mini- surveys on the website, realizing that they would be limited to two to three questions per survey; and that staff is examining the possibility of including a community chat room on the City's webpage. Councilmember Taylor said he wants to ensure we have a good process in place to be able to contact as many people as possible for these meetings. Both Ms. Sukup and Mr. Mercier stated that the chair of the Planning Commission and other commission members have hand - delivered notices of the community meetings, and that even some members of the community have distributed notices. b. Parka and Recreation Parks and Recreation Director Jackson stated that they are finalizing the contract for the MasterPlan and will submit that contract to the City Manager for his signature. Director Jackson said that as issues arise, he will be developing issue papers to bring to Council for council direction; that some issues concern park standards and service levels; that they are working on a survey and would like to use nonprofit groups to distribute and collect the surveys, as that collection method would aid in higher than average response rates; and that the consultants are scheduled to start work about July 9 on the masterplan. Concerning the park maintenance contract, staff is working on finalizing that contract and expects to have an RFP ready Notes, June 26, 2004 Council Retreat Page 1 of 4 by August. Mr. Jackson also stated that he is drafting a list of services we will be contracting for, such as getting the sledding hill ready for winter, and preparation and maintenance of tennis courts, volleyball courts, and performance of water tests. He stated that we are trying to keep these functions under one provider, but there is also the possibility of sub - contracting some of the work or even having city staff perform some portion of the work such as posting the use reservations at the pavilion. Mr. Mercier added that we would like to pre - qualify bids so as not to have any insurance issues, and he feels the County would be among the bidders, but also anticipates there will be some special service agents and community providers who would be interested in bidding. Discussion then turned to management competition pilot programs. Mr. Mercier said staff is considering enlarging the scope to assign the greenways of the City and wrap that into the proposal; and that terms and language are still being drafted. Mayor DeVleming mentioned that some School Districts own their own equipment, and Mr. Mercier said that they could be a potential bidder along with nonprofits groups, private business, the County and others. Concerning recreation options, Mr. Jackson said that the programs are running and the pools have been closing as each one reaches capacity; he feels the pools could all run for five years, that they are well maintained by the County, the filters, heaters, etc are all working well and the pool is clean and painted. He mentioned the limited capacity of the pools is about 260 a day. Mr. Jackson also mentioned that the pools have had to close five or six times already this year due to contamination. Director Jackson stated that the County has earmarked about $1.6 million for the pools with no deadline date to use those funds; that at the end of this year staff will examine the issue of a new pool. Director Jackson stated that concerning Mirabeau Point CenterPlace, staff would like Council to consider holding the dedication during ValleyFest. Council concurs. c. Police Deparhnent Police Chief Walker explained that community members are recognizing jurisdictional issues within Spokane Valley's jurisdiction; that his staff are attempting to get the shoulder patch issue resolved by the end of the summer, and that staff is also trying to get the green and white cars back to the County; that there are a total of ten new cars coming out by the end of the year: ten for us and about ten for the County. Regarding communications, Chief Walker said that the school kids and the officers are beginning to develop relationships in the schools, which is a good aid in thwarting crime. Regarding contracts, Chief Walker stated that they are trying to sort out ways the county does contracts, and are working on a easy way to measure service; that the County discovered there were no allocations or costs for maintaining communications for all Spokane County, no cost allocation for salaries, and also no allocations for SCOPE and housing and utilities for the SCOPE stations. Chief Walker reported that staff is researching grants and will have some updates soon concerning grants to assist in domestic care and for animal liberation issues; that they received a 50/50 grant with the County Sheriff to fund a technical position, and that staff' will come to council later for actual approval of that position. Mr. Mercier said they are also looking for balance in contracts concerning revenue streams and cost allocations and to share in not only the expense portion but the revenue portion, which he stated, begs the question of data collection, adding that staff is still sorting through what type of data should be accumulated. Councilmember Munson mentioned that the STA communication system is underused and he understands they would like to collaborate with the Sheriff's Office. City Manager Mercier said staff will deliver that STA message to the Sheriffs Office. d. Operations and Administrative Services Deputy City Manager Regor reported that Managed Competition is on track, the Library is the other service selected for managed competition and that she will have a presentation for Council at the next council meeting. Ms. Regor reported that the Webpage receives numerous visits with the employment section and Parks and Recreation as the most frequently hit areas. Concerning the paperless agenda, Ms. Regor mentioned that Chris will be working with Council to determine what degree they want a paperless agenda, how much or how little. Mayor DeVleming said he feels this is not a top priority; Councilmember Taylor said he would like to get the agenda and documents scanned and e- mailed. Ms. Notes, June 26, 2004 Council Retreat Page 2 of 4 0 Regor continued by explaining that staff is planning to enlist the assistance from some interns to help with researching resource policies and procedure, and on a training program for City employees. - Regarding a city hall Ms. Regor stated she will also have a Council meeting presentation on that topic at the next council meeting. Regarding service contracts, Ms. Regor said that staff is working on finding consistent language for general terms of contracts, and that they are only slightly behind schedule. In reference to regional animal control task force, Ms. Regor reported that Nancy Hill was not successful in getting information from the City of Spokane and she continues to work on that and will report back regarding the contract, and that the City of Spokane and Spokane County needs to come to terms on this, which is anticipated to occur toward the end of the year. She added that finance topics are all on track as scheduled. Discussion followed concerning the animal control situation, cost, and possible options. City Manager Mercier said staff will examine the Post Falls Plan. After Councilmember Denenny said he would like a quarterly report from SCRAPS and Animal Control, Ms. Regor said she will speak with Nancy Hill to get a presentation scheduled. Ms. Regor added that the City of Spokane is interested in a regional program. In regard to contract renewal, City Manager Mercier said the overall strategy is to review the experience and determine what was good, to work with staff to eliminate any problems, and then to look at the construction of alternative analysis to renew those contracts; that some cases present broad choices and others do not; that conversations are going on continuously and we are trying to standardize the contracts to get a common approach; that the attempt is to obtain maximum ability to contract for services and obtain equal or better services at equal or lesser expense; that we are still going through some settle and adjust on all contracts; but that we do not look for radical changes except for managed competition. Mr. Mercier said that he, Neil Kersten, and Nina Regor are meeting next week to examine ways of providing certain components of some contracts. e. Public Works Public Works Director Kersten explained that he will have a briefing next Tuesday for Council, but that in the interim, he received the draft Interlocal from the County with numerous proposed changes. Mr. Kersten also stated that in that interlocal, there is a TMDL implementation proposal from DOE which is pretty severe; that they are moving ahead with that study and it appears extreme in terms of getting out of the river. Councilmember Munson added that he feels there must be a regional approach with more communities involved in what's going on with the river. Mr. Kersten also mentioned that DOE limited Liberty Lake and there is the risk of Liberty Lake building but perhaps not getting a permit, and they may have an alternative plan to get out of the river. Mr. Mercier stated that Liberty Lake has not been granted a permit, that they have plans to improve their current design, they are going to bid in phases, that they are under court order not to exceed 890,000 gallons without some sort of improved process, and that this plan is intended to improve the process in order to get the full million. Regarding the engineering contract, Mr. Kersten said they are negotiating a few functions that we are not getting service where we feel we should, and that will be brought forth during the budget process; he added that no new projects are anticipated, and that some of the smaller projects will be done in- house. Regarding the six -year street funding plan, Director Kersten said staff is monitoring the funding and that we are about three or four percent over budget, adding that the contracts are monthly contracts with no settle and adjust period. Mr. Kersten said he and staff are working on how to better manage the work order process, and that staff continues working on an inventory of the condition of all streets, and working to collect historical data from the last four or five years on what was spent, adding that getting that information is difficult. Discussion followed on arterials, private streets, the six -year plan and its flexibility, funding, on- street parking (or lack thereof), and street projects in general. The Mayor called for a break at 10:55 a.m. and reconvened the meeting at 11:05 a.m. Notes, June 26, 2004 Council Retreat Page 3 of 4 2. Update Five -Year Financial Forecast Finance Director Ken Thompson asked everyone to keep in mind that his figures tend to be conservative, and added that he included a new page 119 with the added figures in the February numbers at the bottom. Finance Director Thompson explained the two major fund sections, that being the general fund and the street fund, and stated that the street fund is that part of the operation where we felt there would be two million in expenditures, and the County believes there should be three million. He explained that it appears that there are not enough funds in the capital area for all projects, and without the Parks and Recreation MasterPlan, there is no way of knowing exactly what those needs are. Director Thompson added that the $600,000 for parks is an estimate. Discussion then turned to the parks side and of the statewide average cost for open space; park acquisition, new park development, park service levels, and growth and associated neighborhood parks. Director Thompson also stated that public works has a six - year plan for streets and sewers showing a shortage of revenues, and that staff has reduced the expense to an affordable $1.5 million. Public Works Director Kersten said the first priority is to fund the six -year plan with approximately I5 -20% coming from local funds; but that the downside is we may not get all requested funds; and that the issue will be discussed in the second phase of alternatives to get the work accomplished. Finance Director Thompson then explained his "assumptions" shown on page three and mentioned that staff is assuming that 1 -874 will not pass, but that if it does, we would have to find another $2.5 million in the general fund. City Manager Mercier added that department budgets will likely increase about 6 %, that we are a young organization and presume that each year employees will incrementally move up the pay scale. Discussion then turned to public safety personnel, estimated sales tax, and projected revenues increasing 1 -2% with projected expenditures increasing 6 %, making it very difficult to keep funds balanced. City Manager Mercier said he, Ken Thompson, and Nina Regor met with the Finance Committee who indicated they would like a list of possible revenue sources available in Washington. Finance Director Thompson then discussed various possible taxes such as admission tax on places like swimming pools, theaters, dance clubs; utility tax and how it might affect a typical household in the Valley (see page ten of the handout materials); that an admission tax would not need to appear on a ballot as it could be applied by ordinance; as could a utility tax up to 6 %; and if more than 6 %, a ballot would he required. Director Thompson added that due to limited revenues, many communities impose a utility tax. City Manager Mercier stated that some communities put items on the ballot to address deficits, or schedule bond elections; and he then explained the new statute addressing Metropolitan Parks Districts, which are similar to a mini -port district to assess a rate with voter approval, for park improvements. Brief discussion then turned to impact fees and relative studies, establishment of truck routes, and weight limits on certain roads. Other topics discussed included full width pavement in connection with sewer projects and the STEP program, and of the possibility of that issue being placed on an upcoming ballot; entitlement communities and Community Development Block Grants, the City's overall financial picture and that of surrounding communities, that no one can forecast the financial future, but we should keep the focus that we are trying to deal effectively with the reality of the situation, and that our citizens will be focusing on the Valley's issues and needs also. The meeting adjourned at 1:15 p.m. Respectfully submitted, Chris Bainbridge, City Clerk Notes June 26, 2004 Council Retreat Page 4 of 4 S � � jValley Memorandum To: City of Spokane Valley Employees From: David Mercier, City Manager Date: July 8, 2004 Re: Union Representation Petition 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org There have been several questions regarding the status of the union representation petition filed by the Washington State Council of City and County Employees ( "Union "). This memorandum addresses those questions. As you may know, there was a hearing scheduled before the Public Employment Relations Commission ( "PE.RC ") on July 8 and 9. That hearing was cancelled because the City and the Union reached an agreement on the twelve disputed positions. What is the status of the "disputed" positions? The parties have reached an agreement on the status of the twelve disputed positions: • Administrative Assistant to the City Manager and City Council — exempt from the proposed unit as a confidential position • Administrative Assistant to the Deputy City Manager and Finance Director — this position is vacant and the parties have agreed to address the status of this position if and when the City elects to fill it. • Current Planning Manager — this position is vacant and the parties have agreed to address the status of this position if and when the City elects to fill it. • Long Range Planning Manager — exempt from the proposed unit as a supervisory position. • Accounting Manager — included in the proposed unit. • Public Works Maintenance Superintendent — included in the proposed unit. • AccountantlBudget Analyst — exempt from the proposed unit as a confidential position. • Traffic Engineer — included in the proposed unit. Union Representation Petition, continued July 8, 2004 Page 2 of 2 • Construction/ROW Inspector — included in the proposed unit. • Senior Engineer (CIE') — exempt from the proposed unit as a supervisory position. • Senior Engineer (Development — exempt from the proposed unit as a supervisory position. • IT Specialist — included in the proposed unit, with an agreement to re- evaluate the position after a year, or at any time in accordance with PERC rules. When will the election take place? Once the PERC has certified the description of the appropriate unit, it will schedule the election. If a majority of the eligible employees within the bargaining unit elect union representation, the Union will become the exclusive bargaining representative for the unit. Will an election automatically take place? If PERC determines that at least 70% of the eligible employees within the proposed unit have signed interest cards, an election may be deemed unnecessary. In that case, the union will be certified as the exclusive bargaining representative for the unit without an election. Can the City make changes to pay, working conditions and benefits before the election? That depends on the nature of the proposed change. We are required to maintain what the PERC sometimes refers to as the "dynamic status quo." This means, for instance, that if a change was already underway at the time of the petition filing by the Union, we can proceed to implement the change. On the other hand, we may be inhibited from making changes that were not already in motion prior to the petition. Meanwhile, if we were to make changes that the Union considered improper, it could file an Unfair Labor Practice Charge with the PERC against the City. As such, until the representation issue is resolved, we need to be very careful about making any changes. What information can 1 discuss with the City? As always, you may bring any issues to management without fear of reprisal or discrimination. Having an open door philosophy is a core value for the City. Unfortunately, there are some legal restrictions on what we may do or say between now and the vote or the certification decision. We may listen to your concerns and explain the rationale for our past behavior; however, we are not permitted to make any promises to you about future behavior to resolve outstanding issues. The reason for this restriction on an employer is a concern by the PERC that employers might essentially "bribe" employees by making all sorts of promises before an election. You should be aware that the union has no similar restrictions on its behavior. I hope this memorandum answers your questions. Please feel free to contact me or Nina if you have any additional questions. 1