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2003, 08-12 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING Tuesday, August 12, 2003 6:00 P.M. CITY HALL AT REDWOOD PLAZA 11707 Fast Sprague Avenue, First Floor CALL TO ORDER Council Requests All Electronic Devices be Turned Off During Council Meeting PLEDGE OF ALLEGIANCE INVOCATION Pastor Robert Keneally of Grace Harvest Fellowship ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECLAL 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. PUBLIC HF_ARINGS: None CONSENT AGENDA Consists of items considered routine which are appro cd as n group. A Councilmember may remove an itcm from the Consent Agenda to be considered separately. 1 . A. Approval of Regular Council Meeting Minutes of July 22, 2003 B. Approval of Study Session Minutes of July 29, 2003 C. Approval of Study Session Minutes of August 5.2003 D. Approval of Payroll: $125,257.79 E.. Approval of Claims: S1,073,491.31 OLD BUSINESS: None Council Agrnda 08- 12413 Regulta Meeting Page 1 of 2 4/e en- NEW BUSINESS 2. Ordinance No. 03-075 Proposed Water Safety Regulation: First Reading [ public comment] 3. Resolution No. 03 -043 Designating City Clerk to Receive Claims [public comment] 4 Resolution No, 03 -044 Accepting Conveyance of Park Properties [public comment] 5. Contract: Motion to Approve lnterlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding. Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs [public comment] 6. Contract: Motion to Approve Lease Agreement with Lunar Outdoor of Spokane [public comment] 7. Mayor Appointment: Motion to confirm Councilman Denenny to Spokane Transit Authority S. Mayor Appointment: Motion to confirm Councilmen Denenny and Flanigan to I lealth District Board PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) PENDLNG LEGISLATION ADMINISTRATIVE REPORTS: 9. Mirabcau Paint Project Discussion 10. Franchise Ordinance Discussion Continuation 11. Hotel/Lodging RFP Update INFORMATION 1 Minutes of Planning Comissian ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are held the `'' and 4'" Tuesdays of the month, beginning at 6 :011 p.m. Council Stud Sessions are held on the off Tuesdays of the nwnth, beginning at 6 :00 p.m. Other Upcoming Meetings/Events: Aug 13, 2003, Muting with Department of Ecology, 2:00 — 4:00 p.m., 4601 NManme Aug 27, 2003, Re- scheduled EMS Meeting - tentative Sept 17, 2003, "Conversation with the Community" 6 :30 p.nc, Central Park Condo Cm, 6011 E. 6 Ayr Council Agenda Q13-12-03 Regular Mceung Page 2 or2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 8 -12 -03 City Manager Sign -off: Item: Check all that apply: xx consent ❑ old business ❑ new business El public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of Minutes of Regular Meeting of July 22, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS Draft Minutes of July 22, 2003 ROLL CALL: City Clerk Bainbridge called roll. DRAFT MINUTES City of Spokane Valley City Council Regular Meeting July 22, 2003 Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Couneilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: David Mercier, City Manager Nina Regal:, Deputy City Manager Stanley Schwartz, Interim City Attorney Cary Driskell, Deputy City Attorney Cal Walker, Police Chief Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Greg McCormick, Long Range Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Bill Dropko of Grecnacres Christian Fellowship gave the invocation. APPROVAL OF AGENDA: Mayor DeVleming said that agenda items 3b and 3c will be removed from the agenda to be discussed at a future meeting. It was then moved by Councibnember Munson and seconded by .Deputy Mayor Wilhite to approve the agenda as amended. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: None COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Denenny reported that he attended the recent Spokane Transit Authority Task Force meeting wherein it was discussed how the STA should be restructured and that a report should be forthcoming in two to three weeks. MAYOR'S REPORT: Mayor DeVleming thanked staff for their work on last week's open house to meet the new department heads. Mayor DeVleming announced his appointment of Steve Taylor to the Spokane Valley Chamber Board as an ex- officio member (which position becomes open September 1), and named himself as council liaison to the Spokane Valley Planning Commission. Mayor DeVleming also mentioned the Northwest Association of Mayors Meeting was held July 17 at which time issues facing all of the cities were discussed. PUBLIC COMMENT: Mayor DeVleming asked for public comment on matters not on the agenda. Council Minutes 07 -22 -03 Page i of 4 Date .Approved by Council: Dorothy Stiles, N 2321 Sargent Road: mentioned she would like to know the status of her comment from the previous meeting concerning traffic issues on Montgomery and Sargent, that she has not heard anything but did notice someone taking pictures in the area [Mayor DeVleming mentioned a report on that issue will be heard toward the end of the meeting]; she also mentioned that there is no reason for the train to blow its whistle at 2:00 a.m., that she has called the railroad and that the neighbors will perhaps initiate a petition to get that stopped. Art Button, E 18812 Euclid: said he is a retired firefighter in the valley; that the intersection of Mission and Barker has a lot of heavy truck traffic.; suggested a four -way stop at Barker and Mission; also mentioned the noise levels on boom boxes as people drive through the neighborhood. City Manager Mercier said these issues will be turned over to the public works department staff who will have a report back to council in two weeks. PUBLIC HEARING: None. DRAFT 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Munson and seconded by Councilmember Denenny to approve the Consent Agenda. Vote by Acclamation: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. OLD BUSINESS: Ordinances — Second Reading: a. Ordinance 03 -070 Alarm and Fee Collection Ordinance: After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to give ordinance 03 -070 a second reading and adopt. Deputy City Attorney Driskell pointed out some changes regarding grace periods and appeals. Mayor DeVleming asked for public comment and none was given. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried b. Ordinance 03 -071 Establishing Policy for Purchase of Goods, Services, etc. After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor to move the ordinance to a second reading and adopt. City Manager Mercier explained that the ordinance is now in final form and incorporates previous council suggestions. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. c. Ordinance 03 -072 Granting Contract Authority to City Manager. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded by Councilmen:her Denenny to move for a second reading and adoption of Ordinance 03- 072. City Manager Mercier explained that this ordinance is also now in final form and ready for council consideration. Vote by acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. d. Ordinance. 03 -074 amending Ordinance 03 to Provide Additional Authorization to Sign checks. City Clerk Bainbridge read the ordinance by title, City Manager Mercier gave a brief synopsis of the ordinance, and it was then moved by Councilmember Taylor and seconded by Councilmember Munson to have a second reading and adoption of ordinance 03 -074. After brief discussion concerning the number of designated councilmembcrs, it was moved by Deputy Mayor Wilhite to amend the motion to approve the ordinance to include three designated councilmembers instead of two. Vote by acclamation to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote by acclamation on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: none. Motion carried. Council Minutes 07 -22.03 Page 2 of 4 Date Approved by Council: 3. NEW :BUSINESS: a. Proposed Resolution No. 03 -042 for reimbursement regarding Regional Project ( Mirabeau). After City Clerk Bainbridge read the resolution by title, it was moved by Councilmember Denenny and seconded by Councilmember Munson to adopt Resolution 03 -042. City Manager Mercier explained that this resolution was drafted by bonds attorney Mike Ormsby who then explained that the resolution gives the City the option to move forward with reimbursement: at the time the bonds are issued. (Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. b. Proposed Resolution Accepting Conveyance of Park Properties — removed from the agenda. c. Proposed Interlocal Agreement Between Spokane County and the City of Spokane Valley re the Ownership, Funding, Operation and Maintenance. of Parks, Open Space, Recreation Facilities and Programs — removed from the agenda. 4. PUBLIC COMMENTS: none. 5. PENDING LEGISLATION: None. DRAFT 6. INFORMATION: a. Mayoral Appointments: None requiring council confirmation. h. Staff Reports: 1. Proposed Water Safety Ordinance: Deputy City Attorney Driskell explained that this was brought to our attention from the City Police Department, that we have not adopted a water safety ordinance, although the county has one in place. Driskell explained that tonight's draft presents two options on personal flotation devices: (1) taking the language from the appropriate RCW, and (2) City of Spokane's requirement on personal flotation devices [see section 3]. Discussion then turned to speed restrictions and age requirements. Police Chief Walker explained the current law and historical perspective. Council reached the following consensus: keep the language consistent with the County's regulations regarding 14 year -olds, but meet with County officials to consider their raising the age to 16; research other communities' policies concerning moving bodies of water; section 3 personal flotation devices language to remain the same as the County; and bring the ordinance forward to the next meeting for consideration of first reading. 2. Rotel/Lodging Revenue Discussion: Councilmember Flanigan said that 26 proposals were received in response to the. recent Request for Proposals for Activities to Increase Tourism in Spokane Valley. Councilmember Flanigan also mentioned he is working with David Mercier and Cary Driskell regarding a legal response as to what can actually be funded; that the goal is to meet the first part of next week as a committee to review all proposals, and that the ultimate disbursement of the funds will be the responsibility of council. After further discussion regarding choosing recipients of funds, council suggested choosing a blend of entities to have some dealing with marketing, advertising and promotions, and others dealing with events and facilities. 3. Mirabeau Point Project Discussion: City Manager Mercier and Deputy City Manager Regor said that after last week's report, staff was to follow up on details and present more information as it became available. Deputy City Manager Regor explained the details of the senior center cost project and discussed the overall details on the project timeline, comparing the cost of the new center versus the senior center costs. Parks and Recreation Director Mike Jackson said staff also has some comparisons with other communities' senior centers. Discussion turned to an apparent duplication of efforts in maintenance costs and Regor responded that she will examine contracting those services versus providing the services in- house. Several councilmembers said the figures were daunting, and Deputy City Manager Regor said costs can be minimized in accordance with council direction. Discussion turned to the idea of the great room as originally presented; i.e., that this would be a facility to seat about 750 with a stage for plays, music presentations, etc. It was mentioned that we do not want another banquet room nor do we want to have a facility designed to compete with privately owned facilities. Mayor DeVleming asked for public comment. Council Minutes 07 -22 -03 Pape 3 of 4 Dare Approved by Council: DRAFT Tony Lazanis, 10626 E. Trent.: said that Mirabcau was planned for holding large gatherings which would generate revenues in hotels and restaurants; that we have auditoriums but now need a place for larger gatherings. Jeff Fox, General Manager for Doubletree in Spokane Valley: said his facility is the only full service hotel that has banquet space in the area; said he understood we were looking for a facility that will bring in people and create something that will fulfill the need in our market of a large space that will in turn generate more tourism. Ian Robertson, 1716 Ranchford Drive: said as a member of the Planning Commission, there is a concern to get more property back on the tax rolls which adds to the overall economic base; that Council needs to allow citizens to succeed in business and create a climate favorable for business; that running a building like this might be better done by a for -profit or non - profit organization as they have the ability of greater flexibility in managing this and can react more quickly to issues; only saw the expense side and would be interested in seeing the income side. It was council consensus that for the next council meeting, the design team will confirm the design per council direction and architects and others to determine cost options; staff will analyze cost projections and reduce some costs where appropriate; Bond Attorney Ormsby will discuss what qualifies for reimbursement; and that Mayor DeVleming desires to see projected costs to get the Great Room back to the 1,000 estimated capacity. Status of Previous Public Comments: City Manager Mercier explained that included in the council packet are staff reports addressing each of the elements raised at the prior city council meeting. Long Range Planning Manager Greg McCormick explained his memo of July 17 addressing the concerns of Joanne Boyer regarding duplexes, and that Ms. Boyer was invited and attended the Planning Commission meeting. In response to the street light issue, City Manager Mercier explained that staff is now preparing options for the August 19 meeting regarding street lighting policies, including legal responsibilities, budgetary provisions, and how to best assess when additional street lights are required in any given area. Traffic issues previously brought by Ms. Stiles were addressed in Cal Walker's July 17 memo outlining the continuous traffic problem, that staff continues to search for other options that might help improve the situation, and that further reports will be given at the next regular council meeting. Administrative Reports: City Manager Mercier explained that the Departments will begin to assemble information to better inform council of activities at a department level, and to periodically seek council advice of what council would like to see to make sure our monthly reports meet the information needs; and that the intent is to deliver these reports at the second regular meeting each month. City Manager Mercier also mentioned several upcoming events including the December meeting of the National League of Cities. It was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:35 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 07 -22-03 Page 4 of 4 Date Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 8 -12 -03 City Manager Sign -off: Item: Check all that apply: xx consent ❑ old business ❑ new business C public hearing ID information ❑ admin. report fl pending legislation AGENDA ITEM TITLE: Approval of Minutes of Council Study Session of July 29, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS Draft Minutes of July 29, 2003 Attendance: Councilmcmbers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember DRAFT MINUTES City of Spokane Valley City Council Study Session July 29, 2003, 6:00 p.m. Staff: David Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney K.en Thompson, Finance Director Mike Jackson, Parks &Recreation Dir. Cal Walker, Police Chief Marina Sukup, Comm. Development Dir. Tom Scholtens, 'Building Official Neal Kersten, Public Works Director Scott Kuhta, Long Range Planner Kevin Snyder, Current Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mirabcau Project Design Team: Ron Tan SueLani Madsen Doug Mitchell Kay Bachman Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. 1. Employee Introductions: City Manager Mercier introduced newly hired Current Planning Manager Kevin Snyder, most recently from Beaverton, Oregon. 2. Tourism Bid Information: Sterling Hospitality Management Marketing Director Harry Sladich, Red Lion Hotel General Manager and President of the Spokane Hotel/Motel Association Ron Anderson, and Attorney James Sloane gave a presentation on the proposal to develop a Tourism Promotional Area (TPA). They explained that the recently passed Senate Bill 6026 enabled our region to develop a TPA which has the potential of bringing over $1.5 million in new tourism marketing funds to the Spokane Region. They explained the process to implement the TPA and said that with each jurisdiction, the PA would have to be approved by hotels totaling 60% of the assessed value. if approved, hotels could charge visitors a fee not to exceed $2.00 for each room night occupied; the assessment would be paid by visitors to the county and would simply be a "pass- along" fee. Council was asked to consider drafting and passing an ordinance to allow the hotels to begin this process. It was also mentioned that hotels under 40 rooms would be exempt and hotels that have contracts with people who stay over thirty days would also be excluded. Council was asked to appoint two hoteliers from the Valley to be on the commission, arid for the City of Spokane Valley to give its endorsement of the proposal. Attorney Sloane said they are proposing that the County be the lead legislative agency; that this would not be a tax but a fee; that this was presented to Spokane County and Spokane City; that the County agreed to be the lead legislative authority, and the City of Spokane will get involved via the interlocal agreement process. Council was asked to do the same. As this was a first touch on this issue, the matter will be referred to staff and brought back for further consideration at a later date. 3. lYiirabeau Point Project. Deputy City Manager Regor, Finance Director Thompson, and Parks and Recreation Director Jackson explained that although the packet does not contain any new information, the members of the Design Team are present to give. a briefing on some of the issues previously raised by Study Session Minutes 7-29-03 Page 1 of 3 Date Approved by Council: DRAFT Council. Design Team member Ron Tan explained the background of the project: including the original ideas of having a civic center; he showed various sketches of the project and explained several original plans, which included plans for a perforrning arts auditorium with 1500 seats, a planetarium, and an educational center. The project was finally narrowed down to a community building, a senior center, and an educational building. He explained that the Great Room would scat 400 arid would have a flat floor conducive to dances, with a portable stage of approximately 28 by 28. The plans also call for a second floor containing lounges, meeting rooms, classrooms, a wellness center for the seniors, and a I00 -seat high tech lecture room. The Great Room would also have access to an outside performance area with additional seating. Discussion turned to cost to build the center, operation and maintenance cost and operation and maintenance cost if the second floor was omitted, which would also led to discussion of' loss of potential rental income from those spaces; having the second floor shelled in but not used; focus groups' study outcome; expense in increasing the Great Room; effect of elimination of other areas such as some of the classrooms and /or the high tech lecture room, and finally of what constitutes breaking ground. Attorney Ormsby indicated if we have a plan for improvements and we take some steps consistent with implementation of that plan, that would constitute commencement. Ormsby said he is talking about site preparation, leveling the site and putting in footage to commence construction; that the key is having a plan for the improvement that shows this as step one in that plan, and that should be sufficient as commencement insofar as the State Auditor's office is concerned. Ormsby said some actual site work must be done and not just a groundbreaking, and that this needs to be done by December 31, 2003. Ormsby also said that he is working with the State Auditor's Office and the Department of Revenue to work on actual definition of what they will allow; that classroom space is not a use that regional funds can be used for, but meeting space that might be leased in part by colleges on a periodic basis might qualify; and that we want to present a plan that gives us flexibility. Ormsby said he will talk with staff tomorrow in the State Auditor's office and hopes to be able to come back to council with enough information so council can make a policy decision. Parks and Recreation Director Jackson then explained the proposed revenues and expenses, and further discussion ensued regarding the possibility of removing some positions and refining all salaries. in summary, it was determined that Council is not asking for a change in t he footprint of the building, Council would like to examine the possibility of having the second floor "shelled -in" in an effort to save an approximate S 175,000 on development costs; they prefer not to look to market space for conference activities so as not to compete with what is out there; there should be no effort to market the building for conference purposes so staff should examine eliminating the marketing position. The issue will be brought back again for further discussion. 4. Franchise Ordinance Update: In the interest of time, this item was removed from the agenda and will be discussed at the next meeting. Mayor DeVleming called for a recess at 8:30 p.m.; he reconvened the meeting at 8:45 p.m. 5. Adult Entertainment Ordinance Moratorium Update: Long Range Planner Kuhta gave a PowerPoint Presentation which outlined his July 21 memo regarding adult business regulations and explained that the current moratorium on .filing and accepting development permits or land use approvals associated with adult entertainment and adult establishments, expires September 27, 2003. Discussion ensued regarding the adult business zoning regulations, the current amortization provisions, and that the moratorium can be extended if necessary. Deputy City Attorney Driskcll added that it would he appropriate for Planning to have a public hearing on this issue. City Manager Mercier suggested asking the Planning Commission to discuss all elements of the ordinance and provide recommendations, observations, and comments. Council concurred. In the interim, it was decided to bring a new six -month moratorium to the next meeting for council consideration. Study. Session Minutes 7 -29 -03 Page 2 of 3 Date Approved by Council; It was proved by Councilmember Munson and seconded bp Councilmember Taylor to extend the l meeting to 9:15 p.nt. Council concurred. DRAFT Added Agenda items: City Manager Mercier explained that Dick Warren has agreed to provide continued consultation to the City on wastewater issues, but that Warren is looking for relief on securing the coverage for Worker's Compensation and other insurance as that insurance coverage is often cost prohibitive. City Manager Mercier also discussed the City becoming a member of the National League of Cities and that a budget adjustment would he necessary if council so desired. It was moved by Councilmember Munson and seconded by Councilmember Denenny that the insurance provisions identified as sections 10.A.,.8. and D. contained in the City's standard form agreement for professional services be waived for purposes of securing the individual services of Richard E. Warren, P.E., on an "as- needed" basis addressing wastewater treatment and other public works issues. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11 was moved by Councilmember Munson and seconded by Councilmen:6er Taylor that the City of Spokane Valley become a member of the National League of Cities and that a budget adjustment be prepared to reflect the cost of membership and participation in that organization. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming reported that he received correspondence from the Regional Sports Commission requesting our support for the 2007 US Figure Skating Championships to be held in Spokane. Mayor DeVleming said this type of request would normally go through a process, but time is of the essence. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to give a letter of support. The council concurred. 6. Advance Agenda. Councilmember Flanigan mentioned that he would like to report at the August 12 Council meeting, on the outcome of the Request for Proposals for Activities to Increase Tourism in Spokane Valley. It was moved by Councilmember Munson and seconded by Councilmember Denenny to extend the meeting another 15 minutes. No objections. 7. City Manager Comments: City Manager Mercier commented on the Transportation Improvement Board meeting he attended wherein they discussed funded projects; he added that this Board has accepted the invitation to have their 2004 meeting here in our council chambers. City Manager Mercier reported that he received a copy of a resolution enacted by the Board of Commissions allocating two positions on the Board of Health and that the scats are available effective September 1. There being no further business, it was moved, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:25 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Study Session Minutes 7 -29-03 Page 3 of 3 Date Approved by Council: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 8 -12 -03 City Manager Sign -off: Item: Check all that apply: xx consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of Minutes of Council Study Session of August 5, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: ATTACHMENTS Draft Minutes of August 5, 2003 Allendrinee: Councilmen bers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councihnember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember _DRAFT MINUTES City of Spokane Valley City Council Study Session August 5, 2003, 6:00 p.rn. Staff: David Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Dir. Scott K.uhta, Long Range Planner Marina Sukup, Comm. Development Dir. Tom Scholtens, Building Official Neal Kersten, Public Works Director Kevin Snyder, Current Planning Manager Public Works Staff 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 there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. Employee Introductions: City Manager Mercier introduced Public Works Director Neil Kersten, who then introduced his engineering staff: City Engineer Dick Thiel, Assistant. Engineer Sandra Raskell, Senior Engineer Steve Worley, Senior Engineer John Holman, Assistant Engineer Shane Arlt, Engineering Technician Steve Stamatoplos, Traffic Engineer Don Ramsey, Public Works Superintendent Mac McDonald, and Construction Inspector Kevin Severance. Comprehensive Plan Land Use Element Discussion: Community Development. Director Marina Sukup discussed her PowerPoint presentation on the Comprehensive Plan: Land Use Flemcnt, adding that the plan will likely take twelve to eighteen months to complete. Budget Process Presentation: Finance Director Ken Thompson discussed the 2004 budget process and highlighted items council will likely see included in that budget; and asked Council to direct staff to include or exclude items as necessary. Thompson also mentioned that Council should schedule a retreat some time within the next three to four weeks to set goals and review budget items. Finance Director Thompson added that Council should also consider if they want full recovery of costs, subsidize costs, or make other adjustments. Thompson said the goal is to also have a contingency fund to cover unexpected expenses and to establish a reserve fund. Mayor DeVleming called for a short recess at 7:15 p.m., and reconvened the meeting at 7:25 p.m. Proposed Budget Amendment: Finance Director Thompson went over the highlights of his August 5, 2003 Budget Amendments as areas which need to be amended, and mentioned the important part is the fund to be adjusted. City Manager Mercier added that sonic of these are items which Council previously approved, and we are now placing them in the budget. Additionally, some items in the initial budget were placed in the incon funds and those adjustments will be made during the budget amendment. It was the consensus of Council to move forward with the budget amendment. Study Session Minutes 08 -03.43 Page 1 of 2 Date Approved by Council: Franchise Ordinance Update: Deputy City Attorney Driskell continued his general policy discussion with item #6 of his original July 9, 2003 memo. Council concurred with the recommended language as noted in item 1/6: "restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right -of -way permit, depending upon special circumstances." Driskell went on to explain paragraph #7 and further discussion ensued regarding the need to require as -built plans, the one -call system, and the need to know locations of facilities for economic development and potential liability issues. City Manager Mercier added that he feels the proposal is not that the City be the prime repository for all as -built plans or act as a central clearinghouse, but rather to concentrate on other responsibilities and to recognize the value of being able to place the facilities in the public right -of -way. It was also suggested to make it a condition of the franchise agreement that a copy of the plans shall be stored at City Hall in some. form, whether hard copy or in electronic form. Another item mentioned was the need for consistency of treatment within the category of business. It was suggested to give staff additional time to determine how to categorize the approach to cover the concern about the various types of uses in a right -of -way without overburdening those, and to ask for records if they exist. Driskell explained his item #8 and council agreed with his recommendation. In the interest of time, this issue will be about back to the next study session beginning with #9 on his memo. Advance Agenda Additions: Councilman Munson said he would like to see the issue of wastewater on every agenda. Councilman Flanigan mentioned that he feels at some point council needs to develop a philosophy regarding the sewer system, that there were some presentations but we never established what we want, that council needs to take control of the process, weigh the options, and explain what is expected and wanted. City Manager Mercier mentioned that he hopes to have more information and a better sense of options after the August 13 meeting with the Department of Ecology. It was also determined that the Council Retreat will be held Monday, August 11, beginning at 6:00 p.m., in the Council Chambers. Council Check -in: City Manager Mercier explained the purpose of this is to set time aside for internal housekeeping to ascertain if things are working well and to discuss overall interactions. Councilman Munson mentioned he feels out of touch with the public and doesn't know their complaints since staff gets the letters and council tends to lose contact. Mercier explained that most complaints are code enforcement issues; others are public works issues such as obstruction areas such as hidden signs. City Manager Comments: City Manager Mercier reported that he attended the Washington State Public Works Meeting in Seattle and said that perhaps our septic tank elimination program might fit into their Construction Loan Program. Mercier also mentioned that the Executive Director of the Public Works Board said he will come to Spokane Valley and coordinate with other funding agencies and provide an overall presentation to the entire staff so we can be alerted to which programs work best with each other, thus accelerating the knowledge of the programs and enhancing the possibility to acquire successful funding. There being no further business, the meeting adjourned at 8:40 p.m. ATTEST: Christine Bainbridge, City Clerk DRAFT Michael DeVleming, Mayor Study Session Minutes 08 -05 -03 Page 2 of 2 Date Approved by Council: Meeting Date: 08 -12 -03 City Manager Sign -off: Item: Check all that apply: x consent I] old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending July 31, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 7/31/03: (2+ weeks) $ 89,411.18 salaries & wages $ 35,846.61 benefits $125,257.79 total payroll STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 08 -12 -03 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 the August 8, 1003 batch GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims of $1,073,491.31 BUDGET /FINANCIAL IMPACTS: $1,073,491.31 STAFF CONTACT: Ellen Avey ATTACHMENTS item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information I] admin. report ❑ pending legislation CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 08 -12 -03 City Manager Sign -off: AGENDA ITEM TITLE: Ordinance No. 03 -075 Water Safety Regulations GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Docurnent presented as a staff report July 22, 2003. At that meeting, council reached consensus to keep language consistent with the County's regulations regarding 14 -year olds, but meet with County officials to consider their raising the age to 16; research other communities' policies concerning moving bodies of water; section 3 personal flotation devices language to remain the same as the County; and bring the ordinance forward to the next meeting for consideration of first reading. BACK.GROIJND: Tom Walker from the Spokane County Sheriff's Department asked staff to draft a water safety ordinance to be able to regulate recreational activity on the Spokane River. Staff drafted an ordinance that was nearly identical to Spokane County's ordinance. The Council discussed several potential changes relating to increasing the age of vessel operator and other matters. After discussion about the difficulty in enforcing different regulations on half the river (Spokane County having jurisdiction over the other half in many places), the Council instructed staff to have Spokane Valley's ordinance minor Spokane County's, which it now does. Staff met with members of the US Coast Guard Auxiliary 8 -7 -03 to review and discuss the draft ordinance. The Auxiliary approves of the language in the draft, but also thinks Spokane Valley should discuss later changes with Spokane County to reduce the. speed limit to wake speed, eliminate water skiing (the river is too narrow from their standpoint), and raise the age for operating a vessel from 14 to 16 years of age. OPTIONS: Move to suspend the rules, advance to second reading, and adopt Ordinance No, 03 -075. RECOMMENDED ACTION OR MOTION: Move to Advance Ordinance No. 03-075 to second reading. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Cal Walker ATTACI:IIVITNTS: Proposed Ordinance 03 -075 Proposed water safety ordinance — C. Dris Juiy 28, 2003 — final AN CIRD.Irs.&NCE ON THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING WATER SAFETY REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, the Spokane River, and other waterways within the city limits flow through the City of Spokane Valley, and may be used for recreational purposes; WHEREAS, water safety regulations are necessary to protect the health, welfare and safety of the public; and goal; WHEREAS, the City Council desires to establish water safety regulations to accomplish that 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 adequate water safety regulations are necessary to protect the health, safety and welfare of the public_ Therefore the intent of this Ordinance is to promote safe recreational use of the waterways of the City. Section 2. Definitions_ In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: (1) 'Buoy' means a floating device or marker anchored in the water.. All buoys, except for recreational buoys, shall comply with the Uniform State Waterway Marking System (USWMS). Additionally all buoys are subject to the Spokane County Shoreline Master Program which is administered by the City of Spokane Valley Planning Department. CITY OF SPOKANE VALLEY SPOT AN1CG COUNTY WASFIINGTON 01.1.DINANCE NO. 03-075 (2) "Buoy Tine" means a straight line that would exist if drawn between adjacent buoys. (3) "Motorboat" means all boats and vessels that are self- propelled. (4) "Moving water" shall be the Spokane River within the City limits, excluding the north half of the Spokane River where Spokane County continues to have jurisdiction. (5) "Operate mans to steer, direct or otherwise have physical control of a vessel that is underway. (6) "Personal floca.tion device" means a buoyancy device, life preserver, buoyant vest, ring buoy or buoy cushion that is designed to float a person in the water and that has United States Coast Guard approval. (7) "Personal watercraft" means a vessel of less than sixteen feet that uses a motor powering and water jet pump, as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling, or being towed behind the vessel, rather than in the conventional manner of siltu� or standing inside the vessel_ c,clad work lilesfordi ancesfwater snfetylpmposed water safety 7 -28 -03 final Page ] of 5 Proposed water safety ordinance — C. Driskell 1u ly 28, 2003 — finak (I) "Shoreline" means the existing intersection of water, which includes permitted appendences, with the ground surtrace. (9) "Underway" means that a vessel is not at anchor, or made fast to the shore, or aground. (] 0) "Vessel" means every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. It does not include inner tubes, air mattresses, small rafts, flotation devices or toys customarily used by swimmers, (1 1) "Wake speed" means a speed not to exceed five miles per hour and not producing a wake to exceed six inches in height at its apex. (12) "Water skiing" means the physical act of being towed behind a vessel on, but not limited to, any skis, aquaplane, kneeboard, tube or a device that requires the use of a tow prior to release such as a surfboard or any other similar device. (13) "Waterway" means any waters, lake, river, tributary canal, lagoon or connecting waters within the City. Section 3. personal Flotation Device Required. (1) No person may operate or permit to be operated a vessel underway, unless each person twelve years of age or younger thereon is wearing a personal flotation device_ (2) Al l persons regardless of age shall wear a personal flotation device while on moving water. Section 4. ;peed Restrictions. (1) No person shall operate a vessel at a speed greater than fifty miles per hour on any waterway. (2) No person shall operate a vessel in excess cif wake speed within one - hundred feet of: (a) Any shoreline; (b) Another moving or stationary vessel; (c) Swimmer; (d) ,11.13.A_ dive flag; or (e) Buoy line. (3) No person shall operate a vessel on any waterway that has a width of two hundred feet or less at its widest point at a speed in excess of v.rake speed within fifty feet of any: (a) Shoreline; (h) Another moving or stationary. vessel; (c) Swimmer; (d) Buoy line. (4) No person shall operate a vessel on any waterway from one -half hour after sunset to one - half hour before sunrise at a speed in excess of fifteen miles per hour. c;cpd work f Iesioi+dinanccslwatcr safcr v,Wtuer safety 7 -28 -03 Una! Page 2 of 5 Proposed water safety ordinance — C. Driskell July 28, 2003 — final Section 5. SCUBA Diving. (I) Any person engaged in SCUBA diving shall mark the area in which such operations are being conducted by the use of a diver's flag, which is red with a white diagonal stripe, at least twelve by twelve inches. (2) Any person engaged in SCUBA diving operations between sunset and sunrise shall mark such location in which such operations are being conducted by the use of the diver's flag which is illuminated and visible for a distance of one mile, (3) All persons engaged in a SCUBA operation shall remain within fifty feet of their diving flag upon surfacing. Section 6. Water Skiing. (1) No person shall engage in water skiing, except on a take -off, within one hundred feet of the shoreline. Any take -off from within one hundred feet of the shoreline must be made outward and at right angles to the shoreline. At no time can such take -off cause risk or hazard to other vessels or persons on the water. (2) No person or persons shall engage in water skiing within one hundred feet of any boat launching ramp, motionless vessel, vessel underway, swimmer, buoy or shoreline. (3) All persons engaging in water skiing shall comply with speed and distance regulations set forth in this chapter with respect to buoy lines and shorelines during drop offs. (4) No person operating a vessel shall follow behind a person (water skiing or being towed in any manner) closer than three hundred feet nor cross the towing vessel's bow by less than two hundred feet, nor come within one hundred feet of the person being towed. (5) No person shall engage in water skiing or any other recreational activity involving the act of being towed by a vessel on any waterway from one -half hour after sunset to one -half hour before sunrise. Section 7. Operator Age Requirements. (1) No person under the age of ten years shall be allowed to operate a motorboat. (2) Persons ten years of age to fourteen years of age may operate a motor driven boat of ten horsepower or less. Persons fourteen years of age and older may operate any motor driven boat. (3) No owner of any vessel or person who is in control of a vessel shall knowingly permit the operation of such vessel upon any waterway in violation oldie provisions of this section. Section 8. Buoys. (1) Speed/no -wake buoys also know as regulatory markers shall be placed one hundred feet from the established high water mark or seventy -five feet from an appendance. A permitted appendence, such as a dock, shall constitute the shoreline for the purpose of this section. (2) Recreational buoys (i.e., slalom courses) shall be placed one hundred feet from the established high water nark and if left unattended from sunset to sunrise shall be available for public use. c:cpd work files /ordinanceslwater safety /proposed water safety 7 -23 -03 final Page 3 of 5 Proposed water safety ordinance — C. Driskell July 28, 2003 — final • (3) Mooring buoys shall be placed within fifty feet of the shoreline. Provided, however, mooring buoys may be placed greater than fifty feet from the shoreline if such buoys are appropriately marked as provided for in the USWMS, illuminated and maintained with a bright flashing white Tight during the hours between sunset and sunrise. (4) The City Police Department shall attach a bright colored notice giving the owner seven days to remove or replace any buoy in violation of the USWMS. After the seventh day, the buoy may be removed by the City Police Department. Provided, however, the City Police Department may remove any buoy, at any time, without notification to its owner, when the City Police Department deems the buoy to be a hazard to navigation. Section 9. Hazard to Navigation. No person may place or cause to be placed any ski, swim dock, buoy or floating course in waterways that creates a hazard to navigation. Section 10. Motorized Vehicles Prohibited Area. (1) No person shall operate a motor boat or personal water craft on the Spokane River from its intersection with the west side of the Barker Road Bridge to its intersection with the west side of the Centennial Trail Bridge at Plante Ferry Park from April 16th to October 14th of any given year. rescue. (2) This section does not apply to police, fire, or emergency vessels in enforcement, training, or Section 11. Violation — Misdemeanor - Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the Spokane County Jail for a period of not more than ninety days, or pay a fine not more than one thousand dollars, or by both such imprisonment and fine. Section 12. Violation — Civil Infraction — Penalty. (1) In addition to or as an alternative to those provisions set forth in Section 11, a violation of any of the provisions of this chapter shall constitute a civil infraction subject to a monetary penalty in the amount as provided for in the Infraction Rules for Courts of Limited Jurisdiction (IR.LJ). (2) For the purpose of this section, the Spokane Valley Police Department is the person authorized to enforce the provisions of this Chapter. (3) The procedures for the issuance of a Notice of infraction, hearings, assessment and payment of monetary penalties shall be in accordance with the provisions of Chapter 7.80 RCW. Section 13. Severabili 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 14. Additional Provisions. The provisions of this chapter shall be in addition to and not a substitute for or limited by any other applicable laws. Section 15. 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. c:epd work files /ordinances/water safety /proposed water safety 7 -28 -03 final Page 4 of 5 Proposed water safety ordinance — C. Driskell July 28, 2003 — final ATTEST: Passed on this day of August, 2003. City Clerk, Christine Bainbridge Approved As To Form: Interim City Attorney, Stanley M.. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming c:cpd work files/ordinances /water safety /proposed water safety 7 -28 -03 final Page 5 of 5 Meeting Date: 08 -1 -03 City Manager Sign-off Item: Check all that apply: LI consent ❑ old business x new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Resolution 03 -043 Designating City Clerk to Receive Claims GOVERNING LEGISLATION: RCVS! 4.96.020 PREVIOUS COUNCIL ACTION TAKEN: n {a BACKGROUND: According to RVU 4.96.020, the provisions of which apply to claims for damages against ail local governmental entities, the governing body of each local governmental entity is to appoint an agent to receive any claim for damages. The identity of the agent and the address where that person may be reached during normal business hours are public records and the document shall be recorded with the auditor of the county in which the entity is located. This resolution names the City Clerk as that person to receive such claims. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve Resolution 03-043 Designating City Oren as Agent of the City of Spokane Valley to receive claims for damages. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Chapter 4.96.020 RCW - The Washington State Legislature Legislature Home 4.96.010 « 4.96.020 » 4.96.030 About Us E -Mail Lists RCW TITLES » TITLE 4 » CHAPTER 4.96 » SECTION 4.96,020 Search Help Print Version RCW 4.96.020 Tortious conduct of local governmental entities -- Claims -- Presentment and filing -- Contents. (1) The provisions of this section apply to claims for damages against all local governmental entities. (2) The governing body of each local government [governmental] entity shall appoint an agent to receive any claim for damages made under this chapter. The identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located. All claims for damages against a local governmental entity shall be presented to the agent within the applicable period of limitations within which an action must be commenced. (3) All claims for damages arising out of tortious conduct must locate and describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented, and filed on behalf of the claimant by any relative, attorney, or agent representing the claimant. (4) No action shall be commenced against any local governmental entity for damages arising out of tortious conduct until sixty days have elapsed after the claim has first been presented to and filed with the governing body thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty -day period. (2001 c 119 § 2; 1993 c 449 § 3; 1967 c 164 § 4.1 NOTES: Purpose -- Severability- -1993 c 449: See notes following RCW 4.96.010. Page 1 of 1 http: / /www. leg. wa. gov /RCW / ndex.cfin ?fuseaction= section &section = 4.96.020 8/8/2003 A RESOLUTION DESIGNATING AND APPOINTING T.M. CITY CLERK AS AGENT OF THE errY OF SPOKANE. VALLEY TO RECETVF, CLAIMS FOR DAMAGES LINDER TFIF PROVISIONS OF RCW 4.96.020. WHEREAS, it is necessary for a representative from the City to be appointed as agent to receive any claim for damages made render R. W 4.96,020; and WHEREAS, .R.EAS, this Resolution is to identify that specific person authorized to act as such agent on behalf of the City NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: ATTEST: 1. The City Clerk (or City Clerk's designee) of the City of Spokane Valley is hereby designated as the agent of the Cily of Spokane Valley to receive claims for damages under the provisions of RCW 4.96.020. 2. The address where the City Clerk (or City Clerk's designee) may be reached during normal business hours of the City of Spokane Valley is 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA 99206, 3. A copy of this Resolution shall be recorded in the office of the Spokane County Auditor. Adopted this day of August, 2003 Christine Bainbridge, City Clerk Approved as to Form: Stanle y . Schwartz, f.nterim City Attorney RESOLUTION NO. 03 - 043 CITY OF SPOKANE VALLEY SPOKANE COTJN'TY, WASHINGTON City of Spokane Valley fichaet DeVleming, Mayor Resolution 03 -043 Clerk to Receive Claims Page 1 of ] CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : CITY OF SPOKANE VALLEY, RESOLUTION NO. 03 -044 GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council review and discussion at previous meetings and direction to staff. BACKGROUND: This resolution accepts the conveyance of park properties from Spokane County to the City of Spokane Valley and authorizes the City Manager to execute all necessary documents to complete the conveyance and assume ownership and control of the park properties. OPTIONS: Approve /Disapprove RECOMMENDED ACTION OR MOTION: Approve BUDGET /FINANCIAL IMPACTS: The cost of base services in the agreement is estimated at $656,137.87. There is $690,500.00 in the current 2003 budget for these expenses. Expenses will be offset by estimated revenues of $94,745.00. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Resolution No. 03 -044 CITTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03 -044 A RESOLUTEON OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING THE CONVEYANCE OF PARK PROPERTIES FROM SPOKANE COUNTY INCLUDING THE ASSUMPTION OF ALL DUTIES IES AjNID AUTHORITY RELATED THERETO. WH.F,R.EAS, the City of Spokane Valley incorporated on March 31, 2003; WHEREAS, Spokane County is desirous of transferring to the City of Spokane Valley Spokane County park properties including land and improvements located within the City for the purpose of providing recreational opportunities to the City residents, visitors and guests; WHEREAS, the parties have executed a "Interlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs" ("Interlocal Agreement ") with one of the purpose to provide for the transfer of park property from the County to the City; WHEREAS, the County is making the transfer of park properties for an in consideration of the promises, covenants and consideration set forth in the Interlocal Agreement; and WHEREAS, as a condition of the conveyances, the City agrees to maintain the park properties in conformance with conditions imposed upon the properties through the conveyance documents as well as the lnterlocal Agreement. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City of Spokane Valley accepts from Spokane County the conveyance of the following park properties for and in consideration of the matters set forth in the lnterlocal Agreement with the intent to use, maintain and improve the same for the public benefit. The park properties are: 1. Myrtle Point. 2. Opportunity Township Hall. 3. Valley Mission Pool. 4. Valley Senior Center. 5. Valley Mission Park. 6. Valley Mission Park (South). 7. Balfour Park. 8. Brown's Park. 9. Edgecl iff Park. 10. Western Dance Center. 11. Sullivan Park. 12. Mirabeau Point Park. 13. Park Road Park. 14. Park Road Pool. 15. Terrace View Park. 16. Terrace View Pool. 17. Castle Park. S:\ cbainbrictge \Resulutions120031Rcsvlution 03 -044 Accept Conveyance Park Properties.DOC The City agrees to operate, maintain and use the park properties consistent with conditions, if any, impo -ed upon the property through Tnterlocal Agreement and conveyance document. The City Council hereby accepts the grant; conveyance and transfer of the above identified properties and authorizes the City Manager to execute all necessary documents to complete the conveyance and assume ownership and control of the park properties within the City of Spokane Valley. ATTEST: Adopted this day of August , 2003. City Clerk Christine Bainbridge Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley 5lcbainbridgclResvlosionsL0033Rcsoluiion 03 -044 Accer Convcyanac Park Praperties.DOC Mayor Michael DeV Leming Meeting Date: August 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent CITY OF SPOKANE VALLEY Request for Council Action ❑ old business © new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Interlocal Agreement between Spokane County and the City of Spokane Valley relating to ownership, funding and operation of parks, open space, recreation facilities and programs. GOVERNING LEGISLATION: RCW 35.02.225 PREVIOUS COUNCIL ACTION TAKEN: Council review and direction to staff. BACKGROUND: This agreement has been reviewed and revised numerous times by City and County staff and their legal representation. The agreement sets forth the responsibility and costs for operations, maintenance, repairs, improvements and recreation programs. OPTIONS: Approve or Disapprove RECOMMENDED ACTION OR MOTION: Authorize City Manager to finalize and execute the agreement with Spokane County. BUDGET /FINANCIAL IMPACTS: The cost of base services in the agreement is estimated at $656,137.87. There is $690,500.00 in the current 2003 budget for these expenses. Expenses will be offset by estimated revenues of $94,745.00. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Interlocal Agreement Return to: Danicla Erickson Clerk of the Hoard 1116 West Broadway Spokane, Washington 99260 Parks lnterlocal Agreement Page 1 of 12 DRAFT 8/8/2003 1 INTERLOCAL AGRF.EIVIENT BETWEEN SPOKANE COUNTY 2 AND THE CITY OF SPOKANE VALLEY RELATING TO THE OWNERSHIP, FUNDING, 3 OPERATION AND MAINTENANCE OF PARKS, OPEN SPACE, RECREATION FACILITIES 4 AND PROGRAMS 5 6 THIS AGR.EEMIENT, made and entered into by and between Spokane County, a political 7 subdivision of the State of Washington, having offices for the transaction of business at 1116 West 8 Broadway, Spokane Washington 99260, hereinafter referred to as "COUNTY," and the City of Spokane 9 Valley, a municipal corporation of the State of Washington having offices for the transaction of business 10 at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, 11 hereinafter referred to as "CITY "jointly hereinafter referred to as the "PARTIES." 12 13 WITNESSETH 14 15 WHEREAS, pursuant to the provisions of R.CW 36.32.120(6), the Board of County 16 Commissioners, hereinafter referred to as "BOARD," has the care of County property and the 17 management of County funds and business; and 18 19 WHEREAS pursuant to the provisions of chapter 39.34 RCW, two or more public entities may 20 jointly cooperate between each other to perform functions which each may individually perform; and 21 22 WHEREAS, pursuant to the provisions of RCW 35.02.225, a newly incorporated city may 23 contract with a county to provide essential services; and 24 25 WHEREAS, all local governmental authority and jurisdiction with respect to the newly 26 incorporated area transfers from Spokane County to the City of Spokane Valley upon the official date of 27 incorporation; and 28 29 WHEREAS, the City of Spokane Valley desires to own, operate, and maintain parks, open space, 30 recreation facilities and programs within its boundaries which were previously owned, operated and/or 31 maintained by Spokane County; and 32 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1 \'VR EREAS, Spokane County desires to divest itself of ownership, operation, maintenance and 2 financial responsibility for parks, open space, recreational facilities and programs inside the boundaries of 3 the City of Spokane Valley; and 4 5 WHI EAS, it is in the best interest of the public that the City of Spokane Valley and Spokane County take appropriate actions to ensure a smooth transition in the ownership, operation and maintenance of parks, open space, recreational facilities and programs to avoid disruption of service. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: CONVEYANCE 1.1 COUNTY shall convey to CITY by individual quit claim deeds in "as -is condition" all of its rights, title and interests, and when possible assign any leasehold interest, license, casement or shared use responsibility, in the parks, open space(s) and recreation sites, hereinafter collectively referred to as "Properties," or individually referred to as "Property," listed in subsection 1.2 hereinafter, as well as all personal property permanently affixed thereto such as buildings, pools, play equipment: and ball field improvements. Consideration for each transfer will be $1.00 and other consideration more particularly described hereinafter. 1.2 The Properties to be transferred include: Myrtle Point Opportunity Township Hall Valley Mission Pool Valley Senior Center Valley Mission Park Valley Mission Park (South) Balfour Park Brown's Park Edgecliff Park Western Dance Center Sullivan Park Parks interlocal Agreement Page 2 of 12 PAR1'IhS recognize that the COUNTY acquired Properties with public funds and also from private gifts /donations. CITY agrees to comply with any conditions imposed upon COUNTY by its use of public funds in acquisition or improvement of any Property or conditions imposed on private donations used to acquire or improvement any Property. A condition precedent to the transfer of any Property which the COUNTY acquired or improved with grant moneys from the Washington State Interagency Committee for Outdoor Recreation ( "LAC') will be (i) CITY'S adoption of a Park Plan and (ii) 1.AC'S approval of the transfer. CITY agrees to timely adopt a Park Plan and apply for iAC approval of the Park Plan. Each Party shall pay its own expenses in conjunction with the transfer of any Property including but not limited to fees and expenses of agents, representatives, counsel and accountants. Closing costs shall be apportioned according to custom in Spokane County. DRAFT 8/8/2003 Mirabeau Point Park Park Road Park Park Road Pool Terrace View Park Terrace View Pool Castle Park Parks Intcrlocal Agreement Page 3 of 12 DRAFT 8/8/2003 1 ALTA Title insurance shall be at the sole cost of CITY. 3 PARTIES shall mutually agree to a closing date for any Property. Provided, however, the closing 4 date(s) shall not affect CITY'S obligation to maintain, operate, repair, and improve the Properties as 5 of April 1, 2003. 6 7 To the extent required by existing agreement between COUNTY and third parties or any recorded 8 documents, (1) CITY agrees and covenants to own, operate and maintain the Properties, as public 9 parks, public recreational facilities, and /or public open spaces respectively, and (2) CiTY may trade 10 any Property or part thereof for another public park, public recreational property, andlor public open 1 I. space of equal or greater value. Transfers of any Property initially acquired by COUNTY with 12 moneys from Washington State Interagency Committee for Outdoor Recreation will require i.AC 13 approval. 14 15 When considering the sale of park property, the CITY will rely upon the notice provisions and public 16 comment opportunity then used by the CITY when considering the disposal of any other CITY owned 17 real estate. 18 19 CITY agrees and covenants that it will not in any way limit or restrict access to and use of any 20 Property by non -CITY residents, except. where title was taken by COUNTY in a proprietary capacity. 1_21 22 CITY agrees and covenants that any and all user fees, including charges made by any lessees, 23 concessionaires, service providers and/or other assignees, shall be at the same rate for non -CITY 24 residents as for the residents of CITY. 25 26 COUNTY represents that it has provided to CITY all information and documentation it is aware of or 27 has in its possession regarding the Properties, including but not limited to the ownership, 28 encumbrance, maintenance, operations and limitations on title, use or conveyance thereof. 29 30 SECTION NO. 2: 'RESPONSIBILITY FOR OPERATION, MAINTENANCE, REPAIRS, 31 IMPROVEMENTS, AND RECREATION SERVICES 33 2.1 As consideration for COUNTY'S agreement to convey the Properties, CITY agrees to assume full 34 and complete responsibility for all maintenance, operation, repair, improvement, and provision of 35 recreation services on such Properties, to include facilities thereon, as of April 1, 2003. 36 37 2.2 CITY contracts with COUNTY to maintain and operate the Properties listed in Section No. 1.2 on and 38 after April 1, 2003 under the terms and conditions specified hereinafter. It is the intent of the PARTIES 39 that such responsibilities be consistent with the CITY'S Council/Manager form of government provided 40 for in chapter 35A.13 RCW. 41 42 2.3 Base Level Services. Acting solely as an independent contractor on behalf of CITY, COUNTY will 43 provide routine park maintenance and operation services for the Properties listed in Section 1.2 above 44 at that level and standard provided by the COUNTY or its agents to each individual Property in DRAFT 8/8 /2003 1 calendar year 2002. This level of service is hereinafter referred to as "base level service." A 2 description of base level services is attached hereto as Attachrncnt C. 3 4 CITY and COUNTY agree CITY will collect all income from all sources on the Properties. 5 COUNTY shall turn over to CITY all of COUNTY'S books and records concerning the same, 6 including hooks of account and ledgers, together 'with all income collected b the County since April 7 I s`, 21103 presently held by COUNTY, Y, including security deposits, and shall provide CITY with a full 8 accounting of all such funds through date of delivery. 9 10 COUNTY, in the performance of its rnaintenance and operation services, shall, to the best of its 11 ability, comply with and ensure compliance with all federal, state and local laws, ordinances, codes, 12 rules and regulations applicable to the operation and maintenance of the Properties, With respect to 13 the maintenance and operation of the Properties, COUNTY'S services will include but not he limited 14 to the following: 15 16 (a) Employing, discharging and paying all persons providing base level service or otherwise 17 employed by COUNTY in the management and operation of the Properties; 18 (b) Purchasing all materials and supplies necessary for the maintenance and operation services to 19 the Properties; 20 (e) Contracting for and supervising the making of all repairs and alterations necessary to perform 21 the maintenance and operation services; 7 (d) Managing the Properties in full compliance with all laws and regulations of any federal, state, 23 county or municipal authority having, jurisdiction over the Properties; 24 (e) Assisting CITY as needed in acquiring all necessary insurance an the Properties, including, but 25 not limited to, public property liability, fire and extended coverage hazard insurance. 26 27 COUNTY shall refer any third party contacts with respect to renewal or new operations, leasing, 28 licensing or concessions on any of the Properties to CITY upon receipt and shall cooperate with 29 CITY in the creation of any such relationship with said contacts. In the event CITY enters into any 30 leases, licenses, concessions or ether similar arrangements, the PARTIES shall discuss incorporation 31 of the same into this Agreement, 3 33 CITY shall enforce all the terms and conditions of any applicable income producing agreement, 34 written or oral, during the term of this Agreement. 35 36 COUNTY shall provide CITY access to al] of COUNTY'S books and records relating to the 37 Properties, including books of account and ledgers. Upon the termination of this Agreement, the 38 C 1JI TTY shall deliver all the books and records relating to the Properties to CITY and provide CITY 39 with a full accounting of all Properties' expenditures and funds through the date of termination and 40 delivery. 41 42 CITY may request adjustments to individual tasks associated with base level service in order to meet 43 specific needs. COUNTY shall consider all such requests and, whenever reasonably practicable, alter 44 the work program as necessary_ 45 Forks Into Agreement pa or 12 Parks Interims] Agreement Page 5 of 12 DRAFT 8 /8/2003 1 CITY reserves the option of replacing any positions as described in Attachment "A ". In the event 2 CITY exercises that option CITY shall (i) provide a minimum of sixty (60) calendar days written 3 notice prior to the effective date of such option notice being delivered to COUNTY, in accordance 4 with Section 5, and (ii) assume responsibility of providing personnel for said position at CITY'S sole 5 cost and expense. CITY and COUNTY shall adjust this contract to reflect CITY's assumption of said 6 costs reduction of payments to COUNTY for said services and /or position... 7 8 COUNTY is only required to perform maintenance and operation services on the Properties listed in 9 Section 1.2 as those Properties were improved as of the 12:01 A.M. April 1, 2003, the CITY'S official 10 date of incorporation. COUNTY and CITY anticipate that there may be further improvements made 11 to these Properties by CITY which will require additional maintenance. CITY agrees to pay 12 COUNTY for any increased maintenance costs to any Property, regardless of the funding source of 13 the improvement, due to any improvement thereto. 14 15 2.4 Extra or Enhanced Services. Acting solely as an independent contractor on behalf of CITY, 16 COUNTY will provide services above base level services upon written request from CiTY and 17 mutual agreement as to any increased costs for such service. Such additional services are hereinafter 18 referred to as "extra or an enhanced services." 19 20 2.5 Construction of Mirabeau Meadows Park. COUNTY agrees to complete the construction of 21 Mirabeau Meadows Park. For the purpose of this Agreement, the terminology "construction" shall 22 include (1) preparing bid document(s) for the Project (Mirabeau Meadows), (2) awarding the Project 23 pursuant to County public works laws; (3) construction management of the awarded Project; and (4) 24 acceptance of the completed Project. COUNTY has already prepared bid documents denominated as 25 Project No. P3993. COUNTY agrees not to award Project if the bid of lowest responsible bidder 26 exceeds $1.4 Million without consultation and approval by CITY. 27 28 The cost of the Mirabeau Meadows Park construction will be funded solely using a portion of State 29 Grant (INTERGOVERNMENTAL AGREEMENT) #02- 99300 -018 estimated at $1.4 million. No 30 COUNTY money will be used. 31 32 2.6 Oversee Deli; n of Mirabeau Point Center Place Facility ( "Facility "). County agrees only to 33 oversee the design of Mirabeau Point Center Place Facility ( "Facility"). All future phase(s) of the 34 Facility will be the sole responsibility of the CITY. For the purpose of this Agreement, the 35 terminology "oversee the design" shall mean employment of an architect to design the Facility and 36 payment for services solely from State Grant (INTERGOVERNMENTAL AGREEMENT) #02- 37 99300 -018. No COUNTY money will be used for the design of Facility. COUNTY has employed 38 Tan Moore Architects under Project Agreement No. P3983 to design the Facility. COUNTY will 39 coordinate with CITY all major decisions with respect to the design of the Facility; however, ultimate 40 decision making authority shall be CITY'S. 41. 42 The cost to design Mirabeau Point Center Place Facility will be funded solely using a portion of State 43 Grant ( INTERGOVEMMENTAL. AGREEMENT) #02 -99300 -018 estimated at $500,000. If there are 44 funds remaining in the State Grant (h\ITERGOVERNMENTAL AGREEMENT) #02- 99300 -018 upon 45 completion of the Mirabeau Meadows Park construction and Mirabeau Point Center Place Facility A RAFT 8/8/2003 1 design, COUNTY staff will work with CITY staff to allocate unused grant moneys for 2 completion/construction of other elements of the Mirabeau Point Park Master Plan. 3 4 Separate from the Grant Funds allocated for design of the Mirabeau Point Center Place Facility, the 5 COUNTY has set aside $ 1.4 million for the construction of the new Senior Citizen Center Facility as 6 a component of the Mirabeau Point Center Place Facility. COUNTY agrees to make this money 7 available to CITY in the event CITY elects to proceed with construction of the Senior Citizen Center 8 Facility component of the Mirabeau Point Center Place Facility or any portion thereof not in a lump 9 sum, but as necessary to pay consultants and contractors for services completed. COUNTY shall 10 retain any and all interest on the $1.4 Million. The County understands that some of components of 1 I the Mirabeau Point Center Place Facility may not be directly incorporated into the Senior Center 12 Facility but the Senior Center Facility may use such components. COUNTY agrees that the CITY 13 may use the $1.4 Million not only to fund the Senior Citizen Center but also other components of the 14 Mirabeau Point Center Place Facility which are used by the Senior Center Facility. For example, 15 there may very well be a kitchen which is shared by not only the Senior Citizens Center but also 16 another component of the Mirabeau Point Center Place Facility. The kitchen accordingly may be 17 funded in full or part with the $1.4 Million. 18 19 COUNTY shall not have an obligation to operate or maintain either the Mirabeau Meadows Park or 20 Mirabeau Point Center Place Facility after their completion until the PARTIES mutually agree as to 21 all increased operation and maintenance costs in accordance with Section 2.3 above. 22 23 2.7 Valley Mission Pool. COUNTY has set aside. $1.6 million for the construction of an aquatic facility 24 intended to replace the Valley Mission Pool. COUNTY originally proposed a replacement pool to be 25 located at. Valley Mission Park (South). The design of the new pool has been completed. However, 26 upon the vote to incorporate CITY, COUNTY opted to defer construction of the new pool. 27 COUNTY agrees to (i) transfer the complete plans for the new Valley Mission Pool to CITY and (ii) 28 to make available to CITY $1.6 million for construction of a new pool at any location as determined 29 by CITY and using the design completed or another designed as approved by CITY. COUNTY 30 agrees to transfer plans for said pool to CITY upon execution of this Agreement. $1.6 million will be 31 retained by COUNTY and paid to CITY as needed by CITY to pay consultations and contractors in 32 conjunction with design /construction of a new pool. COUNTY shall retain any and all interest on the 33 $1.6 million. 34 35 SECTION NO. 3: DURATION 36 37 This Agreement shall commence at 12:01 A.M. on April 1, 2003 and terminate at 12:00 P.M. on December 38 31, 2004, unless terminated as provided for in Section 10. This Agreement shall be effective upon signature 39 by both PARTIES. 40 41 SECTION NO. 4: COST OF SERVICES 42 43 CITY shall pay COUNTY the actual costs for base level services described herein and provided by 44 COUNTY to the Properties. For 2003 the costs of such base level services shall not include equipment 45 depreciation on equipment owned by COUNTY. The COUNTY, at its sole discretion may include such Parks lnterlocal Agreement Page 6 of 12 Parks Interlocal Agreement Page. 7 of 12 DRAFT 8/8/2003 1 equipment depreciation of equipment for calendar years 2004. The estimated cost for 2003 base level 2 services is SIX HUNDRED FIFTY -SIX THOUSAND ONE HUNDRED THIRTY- STX DOLLARS and 3 87/100 ($656,136.87614,132.32). The methodology used to calculate the cost of providing CITY'S base 4 level services is set forth in Attachment "A," attached hereto and incorporated herein by reference. This 5 methodology contemplates that the CITY retains all fees/revenues collected from Properties and facilities 6 — as of April 1, 2003. Further, CITY shall be responsible for all costs /assessments associated with 7 ownership of park properties /facilities including but not limited to electricity, sewer, water, gas, garbage, 8 telephone, and taxes. Said costs are separate from the estimated costs to provide base level services in 9 2003 as described herein. 10 11 in 2004, the PA_RTI.ES acknowledge that the estimated costs will automatically increase based upon 12 salary adjustments to include cost of living increases ( "COLA ") granted by the BOARD, increased costs 13 provided for in a Collective Bargaining Agreement, and increased costs for various items set forth in 14 Attachment "A." COUNTY will prepare an estimated cost for 2004 base level services using the same 15 methodology as set forth in Attachment "A." This estimate will be provided to CITY on or before 16 October 31, 2003. This estimate will be used for the purposes of 2004 billings. 1. 7 18 COUNTY will bill CITY for the estimated cost of services, monthly, during the first week of the month. 19 For calendar 2003, the estimated cost of S656,136.87 will be paid as provided herein. Payments by (Th 20 CIYY will be due by 5` working day of the following month. At the sole option of COUNTY, a penalty L`_J 21 may be assessed on any late payment by CITY based on lost interest earnings had the payment been 22 timely paid and invested in the Spokane County Treasurer's Investment Pool. 23 24 At the end of calendar year 2003 and 2004, using actual costs COUNTY and CITY will each determine 25 respectively whether or not the estimated costs were accurate. To the extent that the CITY was over 26 billed in any year, it will receive a credit to be applied as mutually agreed. If the CITY was under billed, 27 it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the 28 year following the year services were performed but no later than June 30 ( "date of determination "). At 29 the sole discretion of the CITY, in the case of over billing, or the sole discretion of the COUNTY, in the 30 case of an under billing, the party may request interest on such amount based on lost interest earnings had 31 the under billing amount been invested since the end of the calendar year to the date of determination in 32 the Spokane County 'T'reasurer's Investment Pool or the over billing amount been invested since the end 33 of the calendar year to the date of determination in the Washington Cities Investment Pool. M &O items 34 chargeable to the CITY shall be directly attributable and proportionate to services received by City under 35 the terms of this Agreement. 36 37 The Parties executed a Memorandum of Understanding (MOU) on April 2003. Under that MOU, 38 the Country agreed to provide Base Level Services and Senior Center Services as described in Section 2.3 39 of this Agreement commencing April 1, 2003. The Parties by mutual assent subsequently included 40 Aquatic Services. All MOU services would be performed until both Parties formally executed this 41 Agreement. The COUNTY would bill the CITY all actual costs for providing MOU services as generally 42 outlined in the Attachment "A." to this Agreement. The vIOU provided that in the event the Parties 43 executed this Agreement, in lieu of payment of actual costs under the MOU, by mutual agreement: the 44 Parties could simply invoice /pay for services under the terms of this Agreement. 45 DRAFT 8/8/2003 1 The COUNTY has billed the CITY under the MOU $23,042.61 for April 2003, S60,107.09 for May 2003 2 and $82,907.31 for June 2003. These billings do not represent all the actual costs for providing services 3 for those time frames due to, among other factors, delays in the COUNTY receiving invoices for 4 suppliers. 5 6 The Parties agree that as of July I, 2003 and through the remainder of 2003, the CITY will pay the 7 COUNTY that monthly amount of $72,904.09 which represents the estimated monthly cost to provide all 8 services. For the months of April, May and June, 2003 the Parties agree that once the COUNTY 9 determines the actual billings for these months, it will bill CITY any difference between the billings to 10 date and the estimated monthly amount of $72,904.09. In the event the actual billings for April, May and 11 June exceed $72,904.09 or are less than $72,904.09, this excess or shortfall will be taken into 12 consideration in the adjust and settle time frame discussed hereinabove. 13 14 SECTION NO. 5: NOTICE 15 16 All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or 17 other communications are received when sent by personal delivery; or (ii) the third day following the day on 18 which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the 19 address set forth below for such Party, or at such other address as COUNTY shall from time- to-time 20 designate by notice in writing to the other PARTIES: 21 22 COUNTY: Spokane County Chief Executive Officer or his /her authorized representative 23 1116 West Broadway Avenue 24 Spokane, Washington 99260 25 26 CITY: City of Spokane Valley City Manager or his/her authorized representative 27 Redwood Plaza 28 11707 East Sprague Avenue, Suite 106 29 Spokane Valley, Washington 99206 30 31 SECTION NO. 6: COUNTERPARTS 32 33 This Agreement may he executed in any number of counterparts, each of which, when so executed and 34 delivered, shall be an original, but such counterparts shall together constitute but one and the same. 35 36 SECTION NO. 7: ASSIGNMENT 37 38 COUNTY may assign any of its responsibilities under the terms of this Agreement so long as the COUNTY 39 remains responsible for oversight and supervision of all responsibilities. 40 41 SECTION NO. 8: LIABILITY 42 (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of 43 them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature 44 whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, 45 agents and employees, or any of them relating to or arising out of performing services pursuant to this Parks Interlocal Agreement Page 8 of 12 Parks Interlocal Agreement Page 9 of 12 DRAFT 8/8/2003 1 Agreement, T.n the event that any suit based upon such claim, action, Toss, or damages is brought against 2 CITY, COLThrf Y shall defend the same at its sole cost and expense; provided that CITY reserves the right 3 to participate in said suit if any principle of governmental or public Iaw is involved; and if final judgment 4 in said suit be rendered against. CITY, and its officers agents, and employees, or any of them, or jointiy 5 against C1TY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy 6 the same. 7 8 (h) CITY shall indernnify and hold harmless COiJNTY and its officers, agents, and employees, or any of 9 them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature 10 whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents 11 and employees, or any of them relating to or arising out of performing services pursuant to this 12 Agreement, In the event that any suit based upon SUCH claim, action, Toss, or damages is brought against 13 COUNTY, C1TY shall defend the same at its sole cost and expense; provided that COUNTY reserves +es the 14 right to participate in said suit if any principle of governmental or public law is involved; and if final 15 judgment in said suit. be rendered against COUNTY, and its officers, agents, and employees, or any of 16 them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY 17 shall satisfy the same. 18 19 (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under 20 lWashington's Industrial Insurance Act, Chapter 51 RCW, respecting the other Party only, and only to the 21 extent necessary to provide the indemnified party with a full and complete indemnity of claims made by 22 the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically ?3 negotiated and agreed upon by them. 24 25 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters 26 contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 27 aggregate limits including tor staff professional liability and auto liability coverages. 28 29 SECTION NO, 9: RELATIONSHIP OF THE PARTIES 31 The PARTIES intend that an independent contactor relationship will be created by this Agreement. No 32 agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or 33 representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY 34 shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. 35 36 SECTION NO, ID: MODIFICATION AND TERMINATION 37 38 This Agreement may be modified in writing by mutual agreement of the PARTIES. 3 40 Any Party may terminate only the maintenance and obligation of COUNTY set Forth in 2.2, 2.3 and 2.4 41 herein for any reason whatsoever upon a minimum of 90 days written notice to the other Party, 42 43 Any Party may terminate this Agreement for breach of any provision concerning the providing of • 44 maintenance and operation services or payment of consideration upon thirty days (30) advance written native 45 to the breaching Party, .1f the defaulting Party cures the breach to the satisfaction of the notifying Party within 1 the thirty-day (30) time frame oid. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 notice of termination shall be v Upon termination, CITY shall services rendered prior to the termination. J):RAFT 8/8/2003 or such time frame as is reasonably necessary to cure the default, then the be obligated to pay for only those basic level services and extra or enhanced date of termination based upon a pro rata allocation of costs to the date of SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all equipment owned and utilized by COUNTY in providing maintenance and operation services under this Agreement or acquired by COUNTY from the consideration by CITY for such maintenance and operation services shall remain with COUNTY upon termination of this Agreement. Provided, however, the PARTIES acknowledge that CITY may purchase equipment and provide such equipment to COUNTY to perform such maintenance and operation expenses. The ownership of any equipment acquired by CITY and made available to COUNTY to provide maintenance and operation services under the terns of this Agreement shall remain with CITY upon termination of this Agreement. Attached hereto as Attachment "13" and incorporated herein by reference is a listing of certain equipment and machinery that COUNTY presently owns and may use in conjunction with providing maintenance and operation services to CITY under the terms of this Agreement. tithe Agreement runs its entire term without termination, COUNTY agrees to transfer to CITY at the end of said term at no cost and in an "as -is condition" those pieces of equipment and machinery listed in Attachment "II" which are still owned by COUNTY. If, for any reason, this Agreement is terminated by either Party prior to December 31, 2004 COUNTY agrees to sell to CITY in as "as -is condition" those remaining pieces of equipment and machinery listed in Attachment "13" which are still owed by COUNTY for FIFTY THOUSAND DOLLARS (850,000.00). SECTION NO. 12: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or ,judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. l'arks Interlocal Agreement Page 10 of 12 Parks InterIoca] Agreement Pagc 11 of 12 Q DRAFT 8/8 00 1 SECTION NO. 14: S .VLE.AETL1TY 2 3 It is understood and agreed among the PARTI1ES that if any parts, terms or provisions of this Agreement 4 are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be 5 affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of 6 the Agreement. If it should appear that any part, term or provision of this Agi is in conflict with 7 any statutory provision of the State ofWashington, then the part, terns or provision thereof that may he in 8 conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this 9 Agreement shall be deemed to modify to conform to such statutory provision. 10 7 rj� HEADINGS � �-' 1 1 SECTION N0. 1.5: EAD NG 12 13 The section headings appearing in this Agreement have been inserted solely for the purpose of 1.4 convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit 15 or extend the scope or intent of the sections to which they pertain. 16 17 SECT1ON NO, 16: REPRESENTATIVES 18 19 COUNTY hereby appoints the Spokane County Parks and Recreation Director or hisfher designee for the 0 20 purpose of administering the terms of this Agreement, CITY hereby appoints the City Parks and 21 Recreation Director or his/her designee for the purpose of administering the terms of this Agreement. 2? Each PARTY'S representntt:ive agrees to meet on a monthly basis or as necessary to address COUNTY'S 23 provision of basic level services or extrafenhanced level services under the terms of this Agreement. in 24 the event there is a disagreement between the PARTIES, it shall be forwarded to the COUNT' C! O and 25 CITY Manager for resolution. 26 27 Spokane County Parks and .Recreation Director or his/her designee agrees to attend staff meetings as 28 requested by the CI i Y IvManalter. 29 30 SECTION NO. 17: REPORTING 31 32 COUNTY, through the Spokane County Parks and Recreation Director or his/her designee shall provide a 33 mutually acceptable quarterly report to CITY that will contain information relating to services performed 34 under the teams of this Agreement during the preceding quarter. 35 36 SECTION NO. IS: STAFFING 37 38 COUNTY shall have the sole right and responsibility to hire, assign, retain and discipline all employees 39 perFormii}g services under this Agreement: according to collective bargaining agreements and applicable state 40 and federal laws. COUNTY agrees to meet and confer with CITY with respect to staff` are assigned to 41 provide such services. 42 43 ' 44 45 DRAFT 8/8/2003 • 1 SECTION NO. 19: RECORDS 2 3 All public records prepared, owned, used or retained by COUNTY in conjunction with providing services 4 under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon 5 request by CITY Manager. COUNTY will notify CITY of any public disclosure request under chapter 42.17 6 RCW for copies or viewing of such records as well as the COUNTY's response thereto. 7 8 IN WITNESS WHEREOF, the PARIIbS have caused this Agreement to be executed on date and 9 year opposite their respective signatures. 10 11 DATED: BOARD OF COUNTY COMMISSIONERS 12 OF SPOKANE, COUNTY, WASHINGTON 13 14 15 JOHN ROSKELLEY, Chair 16 ATTEST: 17 VICKY M. DALTON _ 18 CLERK OF THE BOARD PHILLIP D. HARRIS, Vice -Chair 19 20 21 BY: M. KATE MCCASLIN 22 Daniela Erickson, Deputy 23 24 DATED: CITY OF SPOKANE VALLEY: 25 26 Attest: By: 27 28 Its: • 29 City Clerk (Title) 30 31 Approved as to form only: 32 33 34 Acting City Attorney 35 36 37 38 39 40 41 42 43 44 45 Parks Interlocal Agreernent Page 12 of 12 PARKS- AQUATICS• Admintsualve Personne1 Director Services Manager Office Manager Office Assistant 3 Accounting Tech 4 Farait es Director FaoRica Staff Assislont Sub Total Mr:inte:nance Personnel Trades Specialist Trades Specialist Maintenance Worker II Mcchartic II Extra Hetp Sub Total Spokane County Parks and Recreation Contract with City of Spokane Valley ATTACHMENT "A" Cost allocation for maintenance and operation of Valley Park Properties: Cost of Supplies & Materials for Maintan t9 Valley Parks Cost of Equipment M &O Un- anticipated Repais and Maintenance due to Mother Nature and Vandalism Total Cost for County to provide requested Park Operation: WngcJBenefits 24,443.10 34.249.23 4,473.18 11,504.61 11,550.95 1,417.50 540.00 86,178.57 38,058.39 19,029.24 32,00'1.03 16,111.35 28,000.00 133,200.01 44.319.99 81,931.77 19,689,93 35,000.00 402,320.27 14Pintenonae and Administration Director 4,073.86 Services Manager 7,610.94 Offrca Manager 2,982.03 Recreation Program Coordinator 6,014.40 Offrco Assistant 4 2,099.25 Accounting Tech 4 3,54322 Trades Speciafe 1 22,812.00 Mechanic 11 2,557.35 Maintenance Extra Help 5,711.20 57,404.25 Aquatic -5 Extra HP'o Aquatics Coordimator 4,176.90 Pool Managers & Lifeguards 76,983.00 Sub Total 81,159.90 Cost sllow:ion for maintenance and operation of Velar): Pool Facilities: 27,740.54 Cost of operating Supplies, Chemicals, Utilities, etc. tor Valet' Pools 14,700.00 Cast of Equipmerd M &0 3,731.42 Total Proposed Ayuu6n Level ofService: 184,736.11 Ctty of Spokane Valley Enhanced Services request to expand aquatics services as follows: Currant Scamp Plus Expimdal Hours fur all Mr= Pouts; ( 571 Ex-minded Week Dave 4 16 Week•End Dot's); 24,40132 Extended Season hirer l)ay for OscofTbrce Pooh (Additional 17 work days +5 Wrrk -,End IkwoY 16344.43 Total for cubnnccd Aqutics Set ices 40,745.80 Grand Total for 2003 Aquatics Services: 225,481.91 SENIOR CENTER- Director 678.98 April 1st- May 31st Services Manager 5,708.25 Office Manager 496.96 April 1st - May 31st Senior Center Coordinator 4,147,70 April 1 s1- May 31s1 Accountant Tech 4 393.70 April 1st - May 31st Maintenance Worker II 4,800.15 Mechanic II 1,150,83 Extra Hap (Jaren' & Bus Drivers) 2,206.18 April 1st - Atay 31st Sub Total 19,582,75 Cost allocation for maintenance and operation of Va^ey Senior Center 3,920.47 Cost of Supplies 8 Materials for Maintaining Volley Senior Center 4,494.06 Cost of Equipment M &O 337.41 Total Cost for County to provido requested Senior Center Services: 28,334.69 Grand Total Operations of Parks, Aquatics & Senior Center: 656,136.87 (Year 2003) Datepseparod: July 21.2003 Spokane County Parks Equipment and Machinery Package (City of Spokane Valley) Estimated Estimated Equip Current Value Replacement # Cost $10,000.00 $7,500.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $4,000.00 $4,000.00 $8.500.00 $58,000.00 $50,000.00 $45,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $40.000.00 $225,000.00 Estimated Estimated Equip Current Value Replacement # Cost $5,000.00 $10,000.00 1 $1,200.00 $2,500.00 $1,000.00 $6,000.00 484 $1,000.00 $6,000.00 485 $8,000.00 $12,000.00 501 $8,000.00 $17,000.00 1 $8,000.00 $17,000.00 2 $8,000.00 $17,000.00 3 $4,000.00 $8,000.00 $2,000.00 $6,000.00 $40,000.00 $100,000.00 423 $5,000.00 $20,000.00 10 $5,000.00 $20,000.00 11 $2,000.00 $2,500.00 $400.00 $550.00 $200.00 $600.00 $98,800.00 $245,150.00 $156,800.00 $470,150.00 Total Total Date prepared: July 21, 2003 ATTACI{MIENT "B" Vehicles 461 2 Ton 1974 Ford F -150 465 1 Ton 1986 Chevy C -30 428 1/4 Ton 1988 Chevy S -10 429 1/4 Ton 1988 Chevy S -10 430 1/4 Ton 1988 Chevy S -10 433 1/4 Ton 1988 Chevy S -10 508 1/4 Ton 1983 Ford Ranger 511 1/4 Ton 1983 Ford Ranger 431 1 Ton 1988 Chevy C -30 Machinery Kawasaki Mule 1992 4X2 Portable Herb Sprayer Haulette/Trailer 1972 Haulette/Trailer 1972 5th Wheel Trailer 1994 Olathe Turf Sweepers 1984 Olathe Turf Sweepers 1984 Olathe Turf Sweepers 1984 Orsi Flail Mower CR 350 Jacobsen Over Seeder Toro Gang•Mower 1991 72" Riding Mower 1992 72" Riding Mower 1994 Generator Weed Trimmers (4) Backpack Blower (2) NOTE: Equipment Miles and hours of usage dates back to January 1 2003 and is subject to change. Miles 84,581 60,381 45,044 46,869 40,364 51,395 58,751 49,067 71,294 1652 Hours SmaII SmaII SmaII Medium 4547 Hours 4814 Hours 482 Hours 2711 Hours 1043 Hours 900 Hours 2003 City of Spokane Valley Aquatics Base Level of Service: Pools shall operate from June 20th, through August 15th. Public Swim Schedule for each City Pool: Open Monday through Friday 1:00 -2:30p 2:45-4:15p 4:30 -6:OOp Swimming Lessons Lessons are held at all three aquatic sites. A full range of swim lessons are offered from Parent and Tot through the Red Cross Levels and adult lessons. All Levels $25.00. The majority of lessons will be held between 8 a.m. and 12:30 p.m. on weekdays at the pools. Typical example of lesson schedule as follows: Morning Lessons (8am- 12:30): June 23 - July 4 July 7 - July18 July 21 - August 1 August 4 - August 15 To accommodate families who are unable to attend morning swim lessons, a session of evening lessons will be offered at each City Pool facility as follows: Evening Lessons (after 6pm): Valley Mission Pool Session (July 7 -18) Terrace View Pool Scsion (July 21 - August 1) Park Road Pool Session (August 4 - August 15) Swim Team A Novice Swim Team program shall be provided open to youth age 6 through 18 years of age. Three practice sessions each week (typically 7:00AM- 8:OOAM.) plus three Wedncsday evening swim meets. Additional Aquatics Services: Current to Season Plus Expanded Hours for all Three Pools; f S? E pandertYeelcf)ays + 16 Week -Fad Daysl: Extended Season Thru Labor Day for One of Three Pools; (Additional 12 neck days + S Week-Fn1124:s .: Attachment "C" page 1 of 13 Aquatics City of Spokane Valley Requested 2003 Level of Service: Pool Public Swim Schedule Valley Mission " Terrace View • Park Road Pool Friday, June 20th — August 15th '' Monday —Friday 1:30 — 3:30p 3:45 — 5:45p 6:00 — 8:OOp (Tuts. & Thurs Adults Only) Sat. — Sun 2:00 - 4 :30p 5:00 — 7:30p "'Please note one valley pool will be open through Labor Day, September 1st. Please Note Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Mowing Tree Maintenance Maintenance staff time, supplies, etc. to complete misc. 9.5 hours plus tasks such as watering, pruning, supplies & branch clean -up, etc... equipment Mowing Trimming Weed Trimming • Irrigation Fertilizer Fertilize turf areas Aerate Aerate turf areas Attachment "C" page 2 of 13 Time allowance for this task: Times per week: Weeks /Season: Times work performed: Start -up sprinkler system in the spring. Visits to park seasonally to Inspect & adjust sprinklers, time clocks, address dry spots, and complete minor repairs as necessary. Winterize/blow -out system in the fall. 1 -time per year 1 -time per year 45- visits to site per season. Average (1 hr.) visit Times work performed: 3- applications per year Times work performed: 1 -time per year 1 26 Balfour Park Table & Garbage Can Placement & Misc. Repairs & Inspections Move tables and additional garbage cans out of storage and into parks in the spring. Return tables and most garbage cans back into storage in the fall. Repairs: Miscellaneous repairs & inspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbage cans, etc... 26 Restroom Cleaning & Litter Control 26 Cleanings (includes supplies) Sweeping Parking Lot(s) will be swept using the asphalt sweeper, in Spring and again in Summer. 2 -time per year Turf Sweeping in the spring. Weed Control Weed Control in the form of spraying weed killing chemical application. Meuse Note; Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Time allowance for this task: 3.0 hours plus supplies & equipment 25.0 hours plus supplies & equipment Times work performed: 180 Times work performed: 1 -time per year Times work performed: 1 -time per year Tree Maintenance Maintenance staff time, supplies, etc. to complete misc. tasks such 16 hours plus as watering, pruning, branch dean- supplies & up, etc... equipment Mowing Trimming Weed Trimming Aerate turf areas Mowing Irrigation Start -up sprinkler system in the spring. Visits to park seasonally to inspect & adjust sprinklers, time clocks, address dry spots, and complete minor repairs as necessary Winterize/blow-out system in the fall. Fertilizer Fertilize turf areas Aerate Attachment' 'C' page 3 of 13 Tine allowance for this task: Times per week: 1 1 Times work performed: 1 -t1ne per year 75- visits to site per season, Average (1hr.) visit 1 -time per year Times work performed: 3- applications per year Times work performed: 1 -time per year Weeks/Season: 26 26 26 Browns Park Table & Garbage Can Placement Time allowance for this & Misc. Repairs & Inspections task: Move tables and additional garbage cans out of storage and into parks in the spring. Return tables and most garbage cans back into storage in the fall. Repairs: Miscellaneous repairs & tnspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbage cans, etc... Restroom Cleaning & Litter Control Cleanings (includes supplies) Sweeping Times work performed: Parking Lot(s) will be swept using the asphalt sweeper, in Spring and again in Summer. 2 -time per year Turf Sweeping in the spring. Weed Control Times work performed: Weed Control in the form of spraying weed Kling chemical application. 1 -time per year t?lease.Note: Unless otherwise listed above, base level of service does not include un anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established vrithin the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. 6.0 hours ptus supplies & equipment 25.0 hours plus supplies & equipment Times work performed: 90 1-time per year Irrigation Stan -up sprinkler system in the spring. Visits to park seasonally to inspect & adjust sprinklers, time dodos, address dry spots, and complete minor repairs as necessary. Winterize/blow -out system in Mowing Mowing Trimming Weed Trimming Fertilizer Fertilize turf areas Aerate Aerate turf areas Attachment ^C' page 4 of 13 Times work performed: 1 -time per year 50- visits to site per season. Average (1 hr.) visit 1 -time per year Times per 1 1 1 Times work performed: 3- applications per year Times work performed: 1 -time per year Weeks/Season: 26 26 26 Castle Park Table & Garbage Can Placement & Time allowance for this Misc. Repairs & Inspections Move tables and additional garbage cans out of storage and into parks in the spring. Return tables and most garbage cans back into storage in the fall. Repairs: Miscelaineous repairs & inspections of fences, signs, backstops. drinking fountains, play equipment. benches, tables, garbage cans, etc... Restroom Cleaning & Litter Control Cleanings (includes supplies) Sweeping Turf Sweeping in the spring. Please Note. Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. task: 4.0 hours plus supplies & equipment 25.0 hours plus supplies & equipment Times work performed: 80 Times work performed: 1-1ime per year Weed Control Weed Control in the form of spraying weed killing chemical application. 1 -time per year Times work performed: Irrigation Startup sprinkler system in the spring. Visits to park seasonally to inspect & adjust sprinklers. time clocks. address dry spots, and complete minor repairs as necessary. Wintertze/blow -out system in Mowing Mowing Trimming Weed Trimming Fertilizer Fcrtllizc turf areas Aerate Aerate turf areas Attachment 't page 5 of 13 Times work performed: Jaime per year 120- visits to site per season. Average (1hr.) visit S -time per year Times per 1 1 1 Times work performed: 3- applications Times work performed: 1 -time per year Weeks/Season: 26 26 26 Edgecliff Park Table & Garbage Can Placement & Time allowance for this Misc. Repairs & Inspections Move tables and additional garbage cans out of storage and into parks in the spring. Return tables and most garbage cans back into storage in the fall. Repairs: Miscellaneous repairs & inspections of fences, signs, backstops, drinking fountains. play equipment, benches, tables, garbage cans, etc... Restroom Cleaning & Litter Control Cleanings (includes supplies) Sweeping Narking Lot(s) will be swept using the asphalt sweeper, in Spring and again in Summer. Turf Sweeping in the spring. el.ease1iote: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature E. vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. task: 6.0 hours plus supplies & equipment 25.0 hours plus supplies & equipment Times work performed: 90 Times work performed: 2 -time per year 1 -time per year Weed Control Times work performed: Weed Control in the form of spraying weed killing chemical application. 1 -time per year Mowing Mowinq Trimming Woad Trimming Irrigation Start -up sprinkler system in the spring. Visits to park seasonally to inspect & adivst sprinklers, time clocks, address dry spots, and complete minor repairs as necessary. Winterize/blowout system in the fall. Fertilizer Fertilize turf areas Aerate Aerate turf areas Attachment "C° page 6 of 13 Times per week: 1 Times work performed: 1-time per year 50- visits to site per season. Average (1hr.) visit 1 -time per year Times work performed: 3- applications per year Times work performed: 1-time per year Weeks/Season: 26 26 26 Park Road Park Table & Garbage Can Placement & Misc. Repairs & Inspections Move tables and additional garbage cans out of storage and into parks in the spring. Return tables and most garbage cans back into storage in tine fail. Repairs: Miscellaneous repairs & inspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbage cans, etc... Sweeping Parking Lot {s) will be swept using the asphalt sweeper, in Spring and again in Summer. Weed Control Weed Control in the form of spraying weed killing chemical application. elcase Note: Unless otherwise listed above, base Level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Time allowance for this task: 4.0 hours plus supplies & equipment 25.0 hours plus supplies & equipment Times work performed: 2-time per year Times work performed: 1 -time per year 1 1) Toga Maintenance MainLr:nanCC staff lime, supplies, eic- to complete mfsc, 14 - hours plus tasks stun a$ walErirg, supplies & pruning, branch cleanup, etc.,. equipment Mowing Mowing Trimming Weed Trimming Irrigation Start sprinklal system in the s;�ring, 1 -Limp par year Visits tv park season3Lly to inspect & adjust sprinitl=_rs, time 12f1`visiLs tta SEL6 ciotks, address dry spot:, and per season. comply ie minor repatrs as Average 1 hr. ) necessary. visit Winterfzeiblow -out system in lire fall, 1 -lime per year Ferlili %er r■llto turf areas Aerate turf areas ,berate Attachment •C" page 7of i3 Time allowance for this task: Times per Wet SSIS week: eason_ 1 2S 1 26 1 2B Times wOr$ performed= Times work performed: applications per year Times work erfor ed 1 -time per year Sullivan Park Table & Garh2g a Can Placement 8 Time allowance for this Mist. Repairs & Inspections task; Move tables and additional garbage cans out of glerage and in! parkS In the spring. Return tables and mast garbage cans back into sicrag c in the fell. Repairs; MisoeI Ianeous repair t. $ Inspections of fences, signs, backs!nps, drinking fountains, play equipment, benches, tables. garbage cans, olc,,. 6 -0 hours plus supplies & equipment 25-D burrs plus suppr & equipment Restfoom Cleaning & Ritter Contra ! Cleanings {Includes supplies) Swaepfng Parking Lot(S} vfill bo swept usfng the eeplie It sues per, in Spring and again In Summer. Turf Sweeping in the spring. Weed Control aetl Control in the form or spraying weed killing chemical appldcatIcn. Ploos.e);,{gte: Unless otherwise Iisled above, bass Iavei of aerl ice does not include urranticipa!ed repairs and maintenance due to mother nature & vandalism, A sFng le a ccounl has been estab"ishnd within the coruract to address un aniicfpaiad repairs and maintenance Nor all oonLra 1ually maintained properties. Thera svbric performed: go Times work performed: 2 -Lime pea year 1 -lime per year Times work oerfbrn d_ i .4fine per year S.9tmorl i3f3Q Time yard performed: Move in 25 tables & chairs: leave box of bags; leave extra totat paper; empty dumpster; have dumpster emptied wrier event i.lme per year Tree Maintenance Maintenance staff time, supplies, etc. to complete misc. tasks such as watering. 14 hour' plus pruning, branch clean -up. supplies & etc... equipment Mowing Mewing Trimming Weed Trimming Irriaatfon Start-up sprinkler system in the spring. Visits to park seasonally to inspect & adjust sprinklers, time clocks, address dry spots, and complete minor repairs as necessary. Winterize/blowout system in the fan. Ferti".izer Fertilize turf areas Aerate Aerate turf areas Attachment "C" pago 8 of 13 Time a1owance for this task: Times per week: 1 1 1 Times work performed: 1-time per year 110 - visits to site par season. Average (1hr.) visit 1-time per year Times work performed: 3- applu.alions per year Times vrork performed: 1-time per year Weeks/Season: 26 26 26 Terrace View Park Table & Garbage Can Placement & Time allowance for this Misc. Repairs & Inspections task: Move tables and additional garbage cans out of storage and into parks In the spring. Return tables and most garbage cans back Into storage in the fall. Repairs: Miscailaneous repairs & inspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbage cans, etc... Restroom Cleaning & Litter Central Cleanings (includes supplies) Turf Sweeping in the spring. Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs end maintenance due to mother nature & vandalism. A single account has been estab5shed within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. 6.0 hours plus suppEes & equipment 25.0 hours plus wages & equipment Tunes work performed: 90 Sweeping Times work performed: Parking Lot(s) will be swept using the asphalt sweeper, in Spring and again fn Summer. 2-time per year 1-time per year Weed Control Times work performed: U1'eed Control in the form of spraying weed killing chemical application. 1 -time per year Tree Maintenance Mo+%inp Mowing Trimming Weed Trimming Irrigation Fertilizer Fertirrz.e turf areas Aerate Aerate turf areas Attachment ''C" page 9 of 13 Time allowance for this task: Maintenance staff time. suppl =es, etc to complete 23 hours plus mist, tasks such as watering, supplies & pruning, branch dean -up, etc... equipment Weeks 1 Times per week Season: 1 26 1 26 1 26 Times work performed: Start-up sprinkler system In the spring. 1-time per year Visits to park seasonally to inspect & adjust sprinklers. 150 - visits to site time docks, address dry spots, per season. and complete minor repairs as Average (lhr.) necessary. visit Winterize/blow-out system in the fail. 1-time per year Times work performed: 3- applications per year Times work performed; 1 - time per year Valley Mission Park Table & Garbage Can Placement & Misc. Repairs & Inspections Move tables and additional garbage can out of storage and into parks in the spring. Return tables and most garbage cans balk into storage in the fall. Repairs: Miscellaneous repairs & inspections of fences. signs, bastops, drinking fountains, play equipment, benches, tables, garbage cans, etc... Restroom Cleaning & Utter Control Cleanings (includes supplies) Times work performed: Sweeping Parking Lot(s) will be swept using the asphalt sweeper. in Spring and again in Summer. 2-time per year Turf Sweeping in the spring. Weed Control Weed Control in the toms of spraying weed killing chemical application. Sledding/Coasting Hill Remove sothem portion of corral fenceing in preparation for winter sledding, Deliver & place straw bales in preparation for winter sledding. Maintain. replace and clean -up straw during sledding season. Re- install southern portion of corall fence nt conclusion of winter sledding season Lighting Check & replace outside IigMing Please Noto• Unless otherwise Ibtod above, base Level of servioe does not include un- enticpated repairs and maintenance due to mother nature & vandalism A single account has been established within the contract to address im- anticipated repairs and maintenance for all contractually maintained properties. Time allowance for this task: 6.0 hours plus supplier & equipment 25.0 hours plus supplies & equipment 1 -time per year 1 -time per year 1 rimo per ycar 120 Times work performed: Times work performed: Times work performed: 1-time per year 1-time per year 60- visits per sledding season Time allowance for this task: 4.0 hours plus supplies & equipment Mawinq Times per year: Trimming 3 Weed & Brush Trimming 3 ReStroom Cleaning & Litter Times work Control pertommod: Cleanings at Mirabeau (Includes supplies ) Cleanings at Barker (Includes supplies) Attachment "C page 10 of 13 100 140 Times work Sweeping performed: Parking Lot(s) will be swept using the asphalt sweeper 1 -time per year Pathway will be swept 2 -times per year Times work Weed Control performed: Weed Control In the form of spraying weed killing chemical application. 1 -time per year Centennial Trail Please Note: Unless otherwise listed above, base level of service does not inctude un- anticipated repairs and maintenance due to mother nature & vandatsm. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Irrigation Start-up sprinkler system in the spring. Visits to park seasonally to inspect & adjust sprinklers. time clocks, address dry spots, and complete minor repairs as necessary. Winterizelblow -out system in Mowing Trimming Weed Trimming Mowino Fertilizer Fertilize turf areas Aerate Aerate turf areas Attachment "C" page 11 of 13 Times work performed: 1 -lime per year 100 - visits to site per season. Average (1hr.) visit 1 -lime per year Times 1 1 1 Times work performed: 3- applications Times work performed: 1 -dime per year per Weeks/Season: 28 26 26 Mirabeau Point Park Table & Garbage Can Placement & Misc. Repairs & Inspections Move tables and additional garbage cans out of storage and Into parks in the spring. Return tables and most garbage cans back into storage in the fall. Repairs: Miscellaneous repairs & inspections of fences, signs, backstops, drinking fountains, play equipment, benches, tables, garbage cans, etc... Restroom Cleaning & Litter Control Cleanings (includes supplies) Sweeping Parking Lot(s) will be swept using the asphalt sweeper, in Spring and again in Summer. Turf Sweeping in the spring. Weed Control Weed Control in the form of spraying weed killing chemical application. el.ease.Nlote; Unless otherwise listed above. base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address unanticipated repairs and maintenance for all contractually maintained properties. Time allowance for this task: 6.0 hours plus supplies & equipment 25.0 hours plus supplies 8 equipment Times work performed: 90 Times work performed: 2 -time per year 1 -lime per year Times work performed: 1 -time per year Thinning, tree removal, clean -up, ole... Weed Control Weed Control in the form of spraying weed killing chemical application. Repair/inspect fences, gates, culverts, etc... Litter ooCection Forest Management Practices Misc. Repairs & Inspections Litter Control Attachment "C" page 12 of 13 Mrytle Point Note; Myrtle Point is considered open space propety and is maintained In Its natural state. Time allowance for this task: Zero within current contract time- frame. Times work performed: 1-time per year Time allowance for this task: 10.0 hours plus supplies & equipment Time allowance for this task: 10.0 hours plus supplies & equipment Please Nate; Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance duo to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. Senior Center 2003 Base Level of Service Senior Center April 1st - May 31st Spokane County shall staff, operate and maintain all Senior Center Services. 2003 Effective June 1st 2003: With the exception of Maintenance, the City of Spokane Valley shall assume,all responsibilities for staffing and operating Senior Center. June 1st 2003 + Time allowance per - Senor Center Maintenance Base Level of Service as follows: year Snow removal from parking lot, sand parking lot in response to icy conditions, repair/maintain/replace doors, windows, walls, floors, toilets, sinks, drinking fountains, electrical components, lighting. Mechanicly service and repair Senior Center bus. Attachment "C" page 13 of 13 200 -hours plus supplies & equipment Please Note: Unless otherwise listed above, base level of service does not include un- anticipated repairs and maintenance due to mother nature & vandalism. A single account has been established within the contract to address un- anticipated repairs and maintenance for all contractually maintained properties. OPTIONS: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Stanley Schwartz CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 08 -12-03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business x new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: City of Spokane Valley Billboard Lease - Dishman /Mica Property Lamar No. 1570. GOVERNING LEGISLATION PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: Move to approve the Lease Agreement with Lamar Outdoor of Spokane. ATTACHMENTS Agreement; Letter from Stanley Schwartz to Lamar Outdoor of Spokane Stanley Pvi. Schwartz SMS r@wkdl]ow -GO[ri Licensed in WusFiui ran Lt Idaho Dear Mr. Wood: WITHERSPOON, KELLEY, DAVENPORT & TOOLE A PROFESSIONAL SERVICE CORPORATION ATTORNEYS & COUNSELORS David D. Woad Director of Real Estate Lamar Outdoor of Spokane 1015 E. Cataldo Spokane WA 99202 I. MO U.S. i 1K MELDING 422 wrs r ERI VERSIDE, SPOKANE, WASP[ENGTON 99241 4300 Tcicrbonc. [549) 624 -5265 1 `el:cupier: {507) 45E-27211 July 30, 2003 .Re: City of Spokane Valley Billboard Lease- .Dishnnal 111 ica Properly Lamar No. 1570 1 have received your revised Lease Agreement and have made changes to paragraph 6 and deleted paragraph 9, 1 observe that this Lease does not provide for removal of the structure by Lamar upon termination so I added language in paragraph 11 that provides for such removal. This Lease, with attachments, has been forwarded to the City of Spokane Valley, City Clerk_ for consideration by the City Council at their next available regular meeting which is anticipated to he August 12, 2003, Please contact me if you have any concerns or questions. By Encl. cc: acid Mercier, City Manager • air iuis Bainbridge, City Clerk sMSJr Sincerely yours, WIT.HERSPOON, KELLEY, DAVENPORT & TOOLE, P. S. G,I City of Spokane VaII_y I4324'Corresp[mdeucel ftWaod47- 30-03.dVc: 11 rj}r1n'ALPHE CHICL -n IL SpallANNA REVIEW DULWENU 6U1 NUILTiI ]IVARD, SLMMEIPl c'DGIJR 1?',.wz+17, DAM nE1eh21 .1G IS�k1J LG7 - 41140 • Fenn ■ ■ `9 (11ov. Mnrclr UM) • bepmlmenl of IN treasury Internal ilerenue Service llama (l1 (01111 llamas, list !Inland Cutts Ilrn name of the parson or entity whose niunbar you War 111 Pad 1 below, Bee Inrltectiorrl an peps 2 If your name het Armed.' I � i1 Business name (Sole proprietors see Instructions on pogo 24 Pionso check spproprinto boil: d Individual /Soto proprlotor ❑ Corporation CI Partners tip [❑ Olhor ► Address (rwtnhnr, streot, and apt. or sutin no.) noquosler's mono and ndttresa (optional) City, Mato, and ZIP coda Part I Part I1 Tax Byer Identification Number (TIN) Enter your T1N In the epproprlele box. For Indlvlduels, Ills Is your social security number (SSN). For sole proprietors, see the instructions on pegs 2. For oilier entities, It 1s your employer Identification number (EIN). If you do not Irani a number, see Nolan to Gel a tiN below, Note: II the account Is In More than one riturie, see the chars on page 2 tor guldellneS o4 Wfrosit number id enter. . Ce tItIcatloi1 Section references are fd the Internet Fievonuo Coda. Purpose of orm. —A person who Is required to life an Information return *Ith the Ills must got your correct TIN to report inoome paid (o yoU, reel estate • transactions, mortgage Interest you gild, the ocquisillon or abandonment of Secured property, concollntlorl of debt, or contributions you made to an IPA. Use f=orm W - to give your correct TIN to tho requester (the person requesting your TIN) and, when applicable, (1) to certlly the TIN you ore giving Is correct (or you are Walling for a number to be Issued), (2) to certify you are not subject lo backup withholding, or (3) to elalm exemption from backup withholding if you era on exempt payee. Giving your correct TIN and making the appropriate certifications will prevent certain payments from being subject to backup withholding. Note: if a requester gives you A form other then a W -9 to request your UN, you must use the requester's town It it Is substantially strutter to Otis Form W -9. Whet Is Stickup Withholding1— parsons making certain payments to you must ilidhold and pay to the IRS 31% of such Request for Taxpayer Ideittlflcatioll Nualber and Cortifloatlotl `Social eectally nunbar 1 1 tin l Employar IderdlticatIon nUrnber I pa rionls Under certain botidltians. TMS its called "backup withholding." Payments (hot could bo subject to backup withholding include Interest, dividends, broker and barter exbhohge tianhaclloha, torrid, oyallll'tb, nohertiPloyee pay, end corta payments from fishing boat operators. Pool estate transactions era hat oubJect to backup Withholding. II yoU give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and , dividends on your lax retuni, your payments will riot be Subject to backup withholding Payments you recelvo will be subject to brickUp wllhholding II: tr YoU do not (urnlsh your TIN to the requester, or ' 2. Tho INS tells the requester that you furnished an Incorrect TIN, or 3. The IRS tells yoU that you ere sub act to backup withholding becauso you did not report all your Interest and dividends on your lax return (for importable Interest and dividends only), or 4. YoU do not certify to Ilre requester Ihal you are nol s ubloct to backup withholding under 3 above (for reportable Cal, No, 1023IX 'Litt II t o LIel account nurnber(s) bore foptionni) Give lorrrt to the loqunstor. (3d Not semi to the Iris. For Payees Exempt From backup Withholding (Soo Port 11 Instructions on page 2) Under penalties of perjury, I certify (hat: • 1. 1 h number ehodrrt ®1) this form Is Fay correct taxpayer Identlllcatton nUmbet or I and walling for d number la be Issued to pro), rind 2. 1 am not bubJect to backup withholding because: (a) 1 ant bxompl from backup withholding, or (b) I havo not been notified by the Internet Revenue Servlco that I am aikido, to backup withholding os a result of d Iailurd to report all Interest or dividends, or (c) the UPS has notified pre that I am no longer oubJect to backup withholding. bertif)calion Instructions. —You must otoss out Item 2 above 11 you helve bean notified by the (AS that you aro cUrronlly slbloct In backup wlthholdtnd bccrnt , of Underreporting interest or dividends on yottr fax rehum. Per reel estate transactions, Item 2 does not apply. For mortgage Interest paid, the acquisition or abandonment of secured property, cancellation of dobt, contributions to an Individual retirement arrangement (IRA), end genotolly payments other than (nterosl end dividends, yoU ant not required to Sign the Certification, but yoU must provide your corror! 'IN. (Also see Pfiri 111 thetru(llone on page 2.) Sign Here Signature h Interest and dividend accounte opened oiler 19 ©3 only), of 5. YoU do not certify your TIN. See the Part III Instructions tor exceptions. Certain payoos arid Payments are exempt from backup will and Information reportin4l. See the part II Instructions And the separate Inslruotlonl tor lite fioqueeter of Form W -11. Now to bete TIN. —II you do nol have a TIN, apply for one Immediately. To ripply, get Porni S5 -13, Appllcalton for a Social Security Number Card (for individuals), from your local office of the Social Security Admtnlslrntton, or Form 99 -4, Appllcnlloh tor Employer Identification Number (for businesses and all other entities), iron)' your local IrhS office. I1 you do not hove n TIN, wrlto "Appllod For" In (ha cpnco for the TIN In had 1, sign arid date Ilse fort, and give II to the requester. Gonerally, you will (hen have SO days to got ra TIN and give It to tho requester. If the requester does hut receive your TiN within 6U days, backup withholding, Ii nppllcabte, will begin and continuo until yoU furnish your TIN. run' W -9 (rtov. -9A) / ADDITIONAL TERMS AND PROVISIONS 5. Lessee shall save the Lessor harmless from all damage to persons or property by reason of accidents resulting from the negligent ads of Lessee's agents or employees In the construction, maintenance, repair or removal of Lessee's structures on the premises - Thls Lease shall continue in full force and effect for the term stated above and thereafter for one (1) 11114014liallf year term unless terminated prior to the end of thei nitist.terni upon written notice by Lessor or Lessen by certified mall at least thirty (30) days but not more than ninety (g0) days before the end of such-leftist-term. In the event of any potential change in ownership of the real property, Lessor agrees to notify Lessee of such a potential change at least thirty (30) days prior to any change in ownership and to Include the name and address of the prospective purchaser(s). Lessor further agrees to give and deliver to any and such prospective purchaser(s) forrnal, written notice of the existence of this Lease at least thirty (30) days prior to such a closing. 7, After the structures are completed, Lessee may cancel this lease upon giving thirty (30) days written notice by certified mall to Lessor If in the sole opinion of Lessee: the view of the advertising message on the structures is partially or wholly obstructed; the real property or premises has become unsafe for the maintenance of the structures; the structures' advertising value Is impaired or diminished by reduced vehicular circulation; the structures have no advertiser paying for advertising space on the structures for a period of three (3) consecutive months; or Lessee's use of the structures is prevented or restricted by law. Lessee, at its option, may In lieu of cancellation continue to maintain the structures reducing the rent paid in proportion to what, in Lessee's opinion, b the loss suffered by such condition for the period the condition continues. 6. 8. If there be more than one display on the demised premises then, for the purposes of computing rental reductions, the rent payable under said lease shall be apportioned equally among each advertising dlsptay. use or purpose under any statute, regulation or ordinance, and/or by right of eminent domain, Les' ; : ect to se is terminated, the / terminate this lease upon thirty (30) days notice. In the event of such taking, whether or parties agree that Lessee is entitled 10 receive: the value of Lessee's le- ' = • n erest, or portion. taken, and any consideration for the right to extend the term; any award that m -• or the taking or damage to Lessee's structures and any improvements made by Lessee to the in the event that this Lease is continued as to the portion of premises not oondemned, any awa r• - •r alterations, modifications, or repairs which may be reasonably required in order to place the re u - c ' • on of the premises not taken in a suitable condition for the continuance of Lessee's tenanc - • • on, in the event of such taking, Lessee may, at Lessee's election, relocate the structures on the real 10. Lessee shall have the right of first refusal to meet any offer for the I ease of any portion of the real property for outdoor advertising purposes for a period of five (5) years after ternilnation of this lease. Lessee shall exercise the option within thirty (30) days after recelpt of written notice of the terms of the thlrd party lease. 11. The Lessee is and shall remain the owner of all structures placed by Lessee upon the real property and has the right to remove all above ground portion of the structures at any time. L,mkt St A n L 0.t\ sVd ta('t v 4 k;, 04 k4. s `uc.►� , 12. This Lease is binding upon the heirs, executors, assigns, and successors of Lessor and Lessee. Where the context so requires, the singular shall include tho plural. 13. Lessor appoints Lessee as Lessor's attorney In fad to act in Lessor's place for the tirnited purposes of applying for any local or state permits necessary or appropriate for the structures, including the construction thereof. 14. If any tern of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the agrooment's terms shall remain in full force and effect and shall not be affected. 15. This document constitutes the entire agreement between the parties, and neither shall be bound by any term, condition or representation, oral or in writing, not Incorporated Into this Lease. The Lessor represents that Lessor is/are the owner - tenant , authorized agentof the above - described real property and has the authority to grant the leasehold estate and to execute this Lease for the term hereof. Extiorr A LEGAL 45.2.02,,p13 : 'Description OPPORTUNITY PTN OF BLK 240 DAF; BEG AT THE INTERSEC OF SLY LN SD BLK & ELY R/W LN DISHMAN MICA RD; TH ELY ALG SD SLY LN 410FT; TH NLY PARAL WITH ELY LN SD BLK, 284FT; TH WLY PARAL WITH SLY LN SD BLK 527F7 MIL TO ELY R/W LN SD RD; TH SELY ALG SD R/W LN TO POB STATE OF WASHINGTON COUNTY Or SPOKANE ) ss. On this day personally appeared before we to me known to be the individual in and who executed the within and foregoing instrument, and acknowledged that (hefslte) signed the same as (Iris /her) free and voluntary act and deed for time muses and purposes therein mentioned. GIVEN under my (hand and official seal this day of , 20 NOTARY PUBLIC in and for the State of Washington, Residing at iVly comltmission expires: [Type or Print Notary Narnel STATE OF WASHING'T'ON COUNTY OF SPOKANE'. ) ss. On this day personally appeared before me to are known to be the individual in and who executed the within and foregoing instrument, and acknowledged that (he/she) signed the sauce as (his /her) free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,20 NOTARY PUBLIC in and for the State of Washington, Residing at My commission expires: Type or Print Notary Name/ ATTACHMENTS 1. Summary of Changes 2. Revised Construction Resources and Expenses 3. Revised Pro Forma CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 12, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information 0 admin. report 0 pending legislation AGENDA ITEM TITLE : Mirabeau Point Project Update GOVERNING LEGISLATION: NJA PREVIOUS COUNCIL ACTION TAKEN: Series of Council discussions on the topic. BACKGROUND: This is the third staff report on the Mirabeau Point project, focusing on the CenterPlace facility. Mirabeau was one of the projects identified for regional funding from the Public Facilities District, but the project needs to break ground by the end of the year to qualify for the regional funding. Attached is a revised pro forma and a revised estimate of construction resources and expenses, based on earlier Council feedback. At the 8112 meeting, staff will summarize the changes, and seek further Council direction. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Council Direction BUDGET /FINANCIAL IMPACTS: General Fund for City of Spokane Valley costs. STAFF CONTACT: Nina Regor, Deputy City Manager Update on Mirabcau Point Project August 12, 2003 Summary of Changes Estimate of Construction Resources and Expenditures Total Savings: $432,600 Pro Forma Attachment 1 • Construction line item — decreased by $300,000. This reduction is primarily due to the decision not to complete the second floor of the Conference Center wing. Reductions in perimeter landscaping provided additional savings. • Sales Tax line item — decreased by $24,000 due to the decrease in the construction line item. • Permits, etc. line item — decreased by $88,000. Estimates for transportation mitigation have decreased, but staff is still awaiting estimates for sewer and water hook -up charges, which may be hither than originally projected. • Contingency line item — decreased by $20,600, but still based on 5% of total cost. Revenues • Senior Center Wing — Moved 75% of the evening per hour use from the Conference Center wing. • Conference Center Wing — Shelling in the upstairs eliminated nine rooms for rental. Day use was calculated at 25% of previous estimate. The 4 -hour session evening use was calculated at 20% of the previous estimate. The lecture hall use was reduced, because further consultation with the Project Manager lent from Avista led to the conclusion that booking it 130 days per year was overly optimistic. The training rooms and computer lab, i.e., leases with the college, were reduced based on the college's current square footage lease rates. Actual square footage rates and issues of exclusivity will become points of negotiation. Expenses • 2004 (Start -up) — The Administrative Assistant (2004 only) and Marketing Coordinator (all six years) were removed. Benefits decreased as a result. Benefits were further reduced due to a correction in the state retirement formula. • 2005 and Beyond — The Maintenance Worker I position was removed. Custodial and grounds maintenance as well as utilities were reduced due to reductions in landscaping and/or 2 " floor completion. • Liability insurance was reduced because cost is based on a per employee formula. Page 1 City of okane llye C @r|Pac e Estimates Resources d Expenses Tom P a g e 2 Attachment 2 CENTER- OTHER PFD RESOURCES: PLACE FUNDING BONDS Bond Sake Proceeds $7,000,000 $7,000,000 Spokane County $1,400,000 $1,400,000 Business/Foundations Comstock Foundation $200,000 $2000E Washington Tr t $25,000 $25,000 Foundation Northwest $19,050 $19,050 U.S. Bank $40,0 $10,000 CTED Gant $50,000 $50,000 Rotary Endowment $1 ,0 51050 Anonymous $1,000,000 $1,000,0D0 Other $20,450 $20,450 $9,829,500 $2,829,500 $7,000,000 EXPENSES: \..„.\ Construction $7,500,000 Q,D]O s\2, O ^ Furnishings $660,000 $198,000 $462,000 Sales Tax $661,000 $198,300 $462,700 A 3RE g Fees S162,000 $48,600 $113,400 Permits, «c m |!gn, pin revw, inspctri S200,000 $60,000 $140,000 Bond Sale C ts $200,000 SO $200,000 Subtotal $$3 %0 O $2,754,900 $6,628,100 Contingency at 5% $469,150 $137,745 $331,405 Total $9,852,180 $2,892,645 $6,959,505 r|p u sg defc% ($22,650) . ($63,145) $40,495 8/7/2003 REVENUE Great Roam Wing: MeciingsfCiaic Organizations Meetings with Meal Conference/Business i) Conferences with Meal in Special Events Special Events with PY1eaI (f p Total Far Rental Only Total for Rental wltuleal Discount Great Room Winq Caterin4: Aieeting5ICivi ;Or{ga rdt.01icns $1,00/Kate 113 City Conferences Si.20.Plate to City Special Evenly 53.041blaIe to City Special Evenly $4.00/Plate to City Total for Catering Subtotal for Great Room Wing Senior Center Wing: Public IVIeetin g Rooms Evening Use (par hour) Evening Use (all evening) Subtotal Far Senior Center Wing Conference Center Wino: Community Meelrng Roams Day Use .$301J-lour Day Use 5150+6 our Day Evening Use $30 -lour Evening Use $75I4 HOLM Session Lecture ball Training Rooms (aodvsive use) 12 Computer Lab Subtotal for Conference Center wing Vending Machine Grand Total Revenue Income Attachment 3: Mirabeau Point Center Place Operating Pro -Forma 08 /04 /03 51 OOrliour $75d1-lour $eaar9 Hr SeRston $504J9 Hi SesEcon $1.504 All Oay (5 am. -1 a -m -) $1,440 All Day (6 a-trt. -1 a.m. ) 2004 2005 2006 2007 2008 2009 0 9,600 9,600 9,600 9,600 9,600 0 7.200 7,200 7,200 7,200 7,200 0 5,400 9,600 1 2,800 15,000 19,200 0 4,000 6,000 8,000 10,000 12,000 0 3,000 3,000 3,000 3,000 3,000 O 20,000 40,000 60.000 70,000 75,000 4 1 9, 000 22,200 25,400 26,500 31.800 O 31,200 53,200 75,200 87,200 94,200 O 3,350 3,364 3,350 3,360 3.366 O 480 720 960 1,200 1,440 O 9,000 16,000 27,000 33,000 34,800 O 4,000 8,000 12,000 12,480 14,000 0 15,4340 30,060 43,320 50,040 53,600 0 67,040 105,480 143524 165,540 179,600 0 4,875 9,750 9,750 9,750 9,750 9,750 9,750 9,750 9,750 9,750 0 14,625 19,500 18,55 0 19,500 19,500 0 975 1,950 1,950 1,950 1.950 0 4,575 9,750 9,750 9,750 0 975 1,950 1,950 1,950 1,950 0 2,438 4,875 4,875 4,875 4,875 0 12,719 25,436 26,326 27,247 28.201 0 37,632 37,632 37,632 37,632 37.632 0 9,408 8,408 9,405 8,408 9.408 O 59,021 81,251 51,891 92,812 93,76E 0 1,900 1,995 2,090 2,246 2,310 0 152,586 208,226 257,401 280,352 205,176 Page 3 0 Attachment 3: Mirabeau Point Center Place Operating Pro -Forma 08/04/03 EXPENSES 2004 2005 2006 2007 2008 2009 Salary & Wages Mirabeau Point Center Place Manager 55,272 57,483 59,782 62,173 64,660 67,247 Marketing Comic later 0 0 0 0 0 0 Administrative Assistant 0 32,640 33,946 35.303 36,716 38,184 Senior Center Specialist 0 40,788 42,420 44,116 45,881 47,716 Maintenance Worker II (Assist vriCenterPlace Operations) 0 32,640 33,946 35,304 36,716 38,185 Maintenance Worker I 0 0 0 0 0 0 Supplemental Employees Senior Center Bus Driver 0 5,358 5,572 5,795 6,027 6,268 Park Worker 11 (Also Evening Facility Monitors) 0 0 8,826 9,179 9,546 9,928 Park Worker 111(Also Evening Facility Monitors) 0 9,395 9,771 10,162 10,568 10,991 Benefits State Retirement Health Insurance 401A/Medicare Labor & Industries Unemployment Subtotal for Personnel/Staffing & Benefits Travel & Conferences 735 2,175 2,262 2,353 2,447 2,545 10,500 42,664 43,728 44,603 45,495 46,405 4,228 13,640 14,861 15,456 16,074 16,717 192 2,496 2,736 2,791 2,847 2,903 240 1,200 1,320 2,287 3,254 4,222 71,167 240,679 259,170 269,522 280,230 291,310 Office & Operating Supplies Office Supplies 1,000 1,000 1,000 1,000 1,000 1,000 SubscriptionsfPubtications 500 500 500 500 500 500 Memberships & Dues 600 612 624 637 649 662 Pnstege 5,000 3,000 3,060 3,121 3,184 3,247 •ns (Staff) 0 155 158 161 164 168 ats and Supplies 7,500 7.650 7,803 7,959 8,118 8,281 Marketing Expenses 25,000 25,000 25,500 26,010 26,530 27,061 Subtotal for Office Supplies and Marketing 39,600 37,917 38,645 39,388 40,148 40,919 Small Equipment RepairlPurchaso 10,000 3,339 3,406 3,474 3,543 3,614 Equipment & Facility Maintenance /Repair 500 27,825 28,382 28,949 29,528 30,119 Major Equipment Purchase 0 5,565 5,676 5,790 5,906 6,024 Subtotal for Equipment & Facility Expenses 10,500 36,729 37,464 38,213 38,977 39,757 Professional Services Contract Custodial (7 Boys) 0 41,830 42,667 43,520 44,390 45,278 Alarm 0 518 528 539 550 561 HVAC Maintenance 0 5,589 5,701 5,815 5.931 6,050 Elevator 0 1,925 1,964 2,003 2,043 2,084 Grounds Maintenance 0 75,000 76,500 78,030 79,591 81,182 Information Technology Services 0 5,000 5,100 5,202 5,306 5,412 Subtotal for Professional Services 0 129,862 132,459 135,108 137,811 140,567 4,000 1,620 1,652 1,685 1,719 1,754 Utilities Electric 0 38,212 38,976 39,756 40,551 41,362 Gas 0 9,968 10,168 10,574 10,786 11,002 Rtpr & Sewer 0 5,400 5,508 5,618 5,842 6,076 done (8 lines) 0 7,984 8,144 8,307 8,473 8,642 I, .. ones/Pagers 0 2,880 2.938 2,996 3,056 3,117 Garbage Disposal 0 4,398 4,486 4,576 4,667 4,761 Subtotal for Utilities Expenses 0 68,842 70,219 71,827 73,376 74,960 Page 4 Attachment 3: Mirabeau Point Center Place Operating Pro -Forma 08/04/03 • EXPENSES CONTINUED 2004 2005 2006 2007 2008 2009 Insurance Properly 0 1,950 2,340 2,808 3,370 4,044 Liability 0 15,600 17,160 18,018 18,919 19.865 Subtotal for insurance Expense 0 17,550 19,500 20,826 22,289 23,908 Total Estimated Expenses 125,267 533,199 559,109 576,569 594,547 613,174 Total Estimated Revenues 0 152,586 208,226 257,401 280,352 295,176 SURPLUS /(DEFICIT) (125,267) (380,614) (350,883) (319,168) (314,195) (317,998) Notes: 1 Revenues depict increasing amount of use in Great Room Wing. The fees are the same for all five years. Based on demand, some upward and downward movement of fees will occur. 2 Use of meeting rooms by college reflects a letter received from the Chancellor of the Community Colleges of Spokane dated July 11, 2003 for rent/lease of five classrooms. This use may increase over time. Page 5 Meeting Date: 8 -12 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Franchise boilerplate discussion. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: The Council has previously discussed other franchise terms that will be included in all of the franchises to be granted to utilities operating in the public right -of -way. BACKGROUND: This is the third installment of the discussion. Staff believes this session should wrap up the franchise boilerplate terms discussion. OPTIONS: RECOMMENDED ACTION OR MOTION: Determine preferred language on the issues presented. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell CITY OF SPOKANE VALLEY Request for Council Action ATTACHMENTS: See attached discussion points. STAFF MEMO RE: DISCUSSION POINTS FOR FRANCHISE BOILERPLATE LANGUAGE July 9, 2003 GOAL: Identify issues that will be common to all franchise agreements; discuss and come to agreement on the language to be used in all such franchises. (Note: each franchise may have particular issues unique to that franchise. As such, terms may vary to some extent from "model" language that is developed by the Council and staff. Additionally, there are two basic types of franchisees, long -term franchisees and others. Examples of long -term franchisees are water purveyors and power suppliers.) The Council may want to consider passing a franchise ordinance that sets this boilerplate language, which would be applicable to all franchises. Doing so could cut down on the amount of work done on individual franchises. The Council will identify other issues to address. Please provide any such requests to me at your earliest opportunity so they can be addressed in a timely fashion. 1. Length of franchise — A franchisee may request a specific length based upon technical issues, such as fiber. For the most part, long -term franchisees will seek as long a franchise as possible. An issue to keep in mind in granting long- term franchises is whether there are going to be technical considerations that may point to doing a shorter franchise. For example, are there anticipated changes to the franchisees facilities that we may want to access for City benefit? Secondarily, as discussed in more detail below, the Council may elect to impose franchise fees. Granting long -term franchises will preclude imposing any such fee for many years. 2. Franchise fees — There are two issues. First, does the Council want to impose franchise fees? Various jurisdictions impose such fees, almost exclusively on the \Vest side of the state. If the answer to the first question is "yes ", then an amount must be detemlined. in researching this, conununities such as Kirkland and Bainbridge Island have established franchise ordinances that state a franchise fee will be imposed in an amount that will cover all costs of .franchise administration. Seattle recently agreed to an electrical franchise with SeaTac whereby Seattle would install and operate an electrical system in SeaTac. In doing so, Seattle agreed to pay SeaTac 6% of the power portion of the electric service in SeaTac, and up to an additional 6% of the distribution portion of the electrical service. As such, SeaTac imposed a % -based franchise fee. Franchise fees can either be a one time event, or a yearly event, and both approaches are used in Washington. 3. Response to emergency — The issue is whether we charge the grantee if we have to respond to something gone afoul with grantee's facilities during an emergency. The current language is that grantee shall pay in the event of this happening. You may want to consider only charging grantee if grantee is notified of the emergency, and fails to respond. On the other hand, it is a privilege to use the right -of -way. If the City is forced to respond without having reasonable time to notify grantee, the City eats the cost of fixing the problem. That may be viewed as a cost of doing business in the right-of-way for grantees. In any event, this situation should not arise very often. Obviously, it is in the grantee's best interest to repair its facilities as soon as possible to reduce interruption of service to its customers. 4. Prior rights issue — Some franchisees were operating prior to Spokane County (or the State of Washington for that matter) came into existence to provide regulatory guidelines. As such, they have "prior rights" that impact what Spokane Valley can regulate at this time. This issue has to be research in some depth, so it will have to be addressed at a later time. S. Joint use of excavation — This issue involves whether we include a requirement that when a grantee is going to make a street cut, the grantee must advise other franchisees that have facilities in the same trench. This is a common requirement to avoid multiple cuts being made in the road. Grantees may object to this requirement on the basis that allowing other grantees to work in the trench may create delay or increase costs. The current draft model language states that joint use is required, so long as it does not unreasonably delay the grantee. Further, joint users can be required to share in the cost of the cut and fill: The provision, as written, should take care of the issue. STOPPED DISCUSSION ON JULY 15, 2003 August 5, 2003 6. Road repair after cut made — The current language states that grantee shall "restore the surface of the right-of-way or public property to at least that standard established by the City Engineer or set by the conditions of any City - issued right -of -way permit." All of the existing franchises inherited from Spokane County require that the grantee restore the road to the condition it was in prior to the cut. After consultation with Dave and others, the following language is recommended: the grantee shall "restore the surface of the right -of -way or public property to at least the currently adopted City standards or as required by the City Engineer through a right -of- -way permit, depending upon special circumstances." 7. Do we need to require as -built plans? — The current language requires grantees to provide as -built plans on facilities within the right -of -way within six months of execution of the franchise. A question carne up on this. Would we use the as- builts, or would we be requiring work.:frani the grantees that would just sit around for no purpose. Part of the original discussion was that we would incorporate the as- builts into a GIS layer for future planning purposes. The problem with that is we would have to hire several people to sit and draft on CIS all day. Staff understands that is not a direction the Council wishes to go at this time. Even if the City were to collect hard copies of the as- builts, it would quickly become unmanageable from a storage standpoint. Staff has continued to discuss this issue, and would suggest the following language: "Franchisee is required to maintain as -built plans in a manner that can be provided to the City within several days upon request." 8. Compliance with local emergency management plan — The current language requires the grantee to "adhere to the Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency condition." A question has arisen whether this means existing Federal emergency plans, or a local plan that will be developed. Many franchisees already have to have provisions to adhere to a Federal plan. A local plan would be more tailored to local conditions, and may or may not be more stringent than the Federal requirements. STOPPED DISCUSSION ON AUGUST 5 AUGUST 12 9. Notice to grantee to move (temporarily or permanently) its facilities — This issue would include the need to move wires in the event a house is being moved down the right -of -way, or if the road is being widened or moved, permanently moving whatever facilities would be affected. The current language requires 14 days notice to the franchisee. This may or may not be enough advance notice to some franchisees, such as power providers, who may not be able to get the necessary equipment or replacement parts in that short of time. There are two options: extend the time and/or allow for an extension on good cause shown by the franchisee. Other jurisdictions on the West side use 30 days. Another option is to use 60 days notice, with the ability extend on good cause shown. This time frame should not be an issue for permanent relocations, due to the normal lead time on such projects. For temporary moves, it will inconvenience people (rare though it may be) who want to move a house. 10. Abandonment of facilities — This issue relates to those times when a franchisee wants to abandon all or a part of its facilities, such as changing the route of pipes or wires. The City should know when facilities are abandoned to know which facilities are active. There are two easy options: require permission to abandon, or require a map of the abandoned facilities within a specified amount of time after abandonment. 11. Records — If a third party requests copies of records identifying where specific facilities are located from the franchisee, should the requesting party have to pay for them? This may be taken care of if we require as- builts from all franchisees. Then, such requests could simply come to the City for that information. We may elect to charge for administrative time to provide copies of that. We would also want to have a form request that includes a statement that the City is only turning over what was provided to us, and that the City makes no representations as to their accuracy. If we do not require as- bui]ts, then there should be a mechanism where a requesting third party can obtain them from the franchisee under the same conditions (ancl charge ?) as if they were sought from the City. 1.2. indemnification — Should the indemnification clause be mutual? • it is currently written so franchisee would indemnify the City for acts that grantee is liable for. This clause protects the City from being the deep pocket in allowing franchisees to use the right -of -way. The City should be avoid exposing itself to potential liability by making this a mutual clause. From a practical standpoint, the City would not be doing anything by entering into the franchise that would expose it to liability, so there really is not a need to have this mutual. 13. Cost of publication — As currently written, the grantee bears the cost of publication, which runs about $150 -200 for a two -page summary. The question is whether the City wants to bear this cost for all franchises. The Council may want to consider whether the City is gaining any tangible benefit from a particular franchise, such as use of facilities, in determining whether to bear this cost, or pass it on in the franchise. If not, the Council has already indicated the City should bear the cost of publication. 14. Copies of franchise provided to City — Do we need to require that two copies be sent, one to the Clerk and one to our Public Works Department? Should the City take the responsibility of making a copy for the other department? Cary P. Driskell Deputy City Attorney Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. July 9, 2003 i. CALL TO ORDER Bill Gothmann, Planing Commission Chair, called the meeting to order at 6:33 p.m. H. PLEDGE OF ALLEGIANCE The Commission and audience recited the Pledge of Allegiance. HI. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Excused Absence Bill Gotlunann — Present Ian Robertson — Absent John G. Carroll - Present IV. APPROVAL OF AGENDA David Crosby moved that the agenda be approved as presented. John G. Carroll seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Bob Blum asked that Page 5, Numeral X, be amended to read: "Commission meetings will change to the 2'' and 4 Thursdays beginning in August. It was proved by Bill Gothmann and seconded by David Crosby that the minutes of the .Tune 25, 2003 Planning Commission meeting be approved as amended. Motion passed unanimously. VT. COMMISSION REPORTS Bill Gothmann: Bill introduced the City's new Community Development Director, Marina Sukup. He gave the Commissioners an overview of his participation in Council activities and his work with members of the public over the past two weeks. VII. ADMINISTRATIVE REPORT Marina Sukup: Instead of giving each Commissioner a separate email address, Ms. Sukup had the City's computer consultant set up one address: planning@spokanevalley.org. This address will be posted on the City's website, and all public comments will be received by Debi Alley and forwarded to all Planning staff and Commissioners. VIII. COMMISSION BUSINESS OLD BUSINESS: Public Hearing: Proposed Code Amendment — Zoning Code Compliance (Continued) Bill Gotivnann, Planning Commission Chair, declared the public hearing, continued from June 25, 2003, open at 6:45 p.m. An Ordinance of the City of Spokane Valley, Washington, amending Chapter 14.406 of the City of Spokane Valley Municipal Code Relating to Zoning Code Compliance. There was a motion on the floor to adopt the Ordinance as amended. Mr. Gotlunann called for any further discussion. Greg McCormick called attention to his memorandum to the Planning Commission dated June 30, 2003, regarding his recommendation to remove the "Definitions" section from Chapter 14.406. Marina explained to the Commission that in the near future they will be working with Cary Driskell on a unified code for all land use areas. Nuisance ordinances (e.g. Junk Autos and Nuisances) will become separate law and not remain embedded in the zoning ordinance. Since this ordinance will undergo future changes which might affect the need for a definitions section, Cary recommended that it remain in the ordinance. All present agreed. The following amendments to the Zoning Code Ordinance were recommended: 14.406.110 — Voluntary compliance agreement — contents. Section A: Change the word "under" with the word "in" in the second sentence so it will read "... .responsible for a code violation in which such person(s)... ". The hearing was closed for a brief time to enable Cary Driskell to draft new language for several sections which appeared to the Commission to be in conflict. Cary returned to the meeting with the following recommended changes to the Zoning Code Ordinance: 14.406.310 — Notice and order — contents. Section F: Amend this section to read: "A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed," A motion to approve 14.406.310, Section F as per Cary Driskell's amendment, and authorizing Cary to review his amendments during normal working hours 2 to make any needed changes, was made by Fred Beaulac and seconded by Bill Gothmann. Motion passed unanimously. 14.406.560 — Cost recovery. Section A: Amend this section to read: "In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the Director shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: "... David Crosby moved that 14.406.560, Section A, be approved as amended. Fred Beaulac seconded the motion. Motion passed unanimously. 14.406.110 — Voluntary compliance agreement — contents. Section A.6: It was suggested that the wording on the fourth line of the first sentence be amended to read: "perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation,......... " It was moved by .Bill Gothmann and seconded by David Crosby that 14.406.110, Section A.6, be approved as amended Motion passed unanimously. 14.406.500 — Civil penalties — assessment schedule. John. G. Carroll moved that the word "similar" be struck from the fee schedule chart in Section A. wherever it occurs. Robert Blum seconded the motion. Motion failed 3 -2 — (John G. Carroll and Robert Blunt in favor; Bill Gothmann, .Fred Beaulac and David Crosby against). 14.406.570 — Collection of civil penalties, fees and costs. It was moved by Bill Gothmann that this section be amended to read: "The Director may use the services of a collection agency in order to collect any civil penalties, costs and/or interest owing under this chapter." Fred Beaulac seconded the motion. Motion passed unanimously. Bill Gothmann moved that the Zoning Compliance Code be adopted as amended during the Public Hearing. David Crosby seconded the motion. Motion passed unanimously. The Public Hearing ended at 8:05 p.m. NEW BUSINESS: Review of Interim Zoning Regulations and Comprehensive Plan Greg McCormick and Scott Kuhta provided an overview of what the City of Spokane Valley adopted for the Zoning and Comprehensive Plan - and how they relate. 3 Scott covered the Comprehensive Plan land use map for the City, and gave the Commissioners a summary of land use designations. The policies for how to site land use designations are embedded in the Comprehensive Plan. The Commission will have a number of Comp Plan amendments to discuss in the future. Greg McCormick covered the Zoning Map and the categories of zones the City of Spokane Valley adopted from Spokane County. There was some discussion regarding zoning designation for a new City Center, and the need for mining operation zones. Greg provided the Commission with a chart that compared the Comp Plan land use designations with existing Zoning specifications. Discussion of Framework for the Development of the Comprehensive Plan Marina Sukup provided the Commission with handouts containing information about residential and business zone dimensional standards and a schedule of permitted uses. She asked that they become familiar with the goals of the interim Comprehensive Plan and amend, add or delete as appropriate. Marina sees the Planning Commission's priorities regarding Comp Plan "policies" as follows: 1. Land Uses and City Center 2. Transportation — arterial classification and design standards 3. Subsets of Land Use (e.g. parks and open space, shoreline management and "critical areas "). 4. Economic Development and Housing 5. Capital Facilities IX. PUBLIC COMMENT Joanne Boyer, 1418 S. Wilbur Road, Spokane Valley, WA 99206 Ms. Boyer attended the City Council meeting on July 8, 2003, and was told to bring her matter before the Planning Commission. She and her neighbors are concerned about a four -acre parcel of land between 12 and 16 off Bowdish, with only one access road. They believe duplexes may be built on this property, and are asking that their neighborhood be rezoned for single - family residences only. The Planning staff explained that the only way this could be done would be for Ms. Boyer and her neighbors to submit a text amendment to the existing Zoning Code. She was encouraged to make an appointment to meet with staff about how this is done. If a final proposal results from this meeting, a Public Hearing would be scheduled for discussion by the Planning Commission and the public. X. FOR THE GOOD OF THE ORDER Greg McCormick announced that the Joint Meeting of Planning Commissions will be on Wednesday, July 17, 2003 from 12:00 — 1:30 p.m. It is a luncheon meeting at the Spokane County Public Works Building. The City of Spokane 4 Valley will buy lunch for any of its attending Commissioners. Scott Kuhta will send out emails to the Con_uvission to get an exact head count. John G. Carroll asked staff if they could gather information and prepare a report to the Planning Commission regarding the attributes of a viable City Center. He would like to see some examples of comparable cities that chose to develop a City Center, and possibly some examples of cities that chose against the idea. XI. ADJOURNMENT There being no further business, the meeting was adjourned at 9:23 p.m.