2003, 08-26 Regular MeetingTuesday, August 26, 2003
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
OLD BUSINESS: None
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
Council Requests All Electronic Devices be Turned Off During Council Meeting
a Approval of the Regular Council Meeting Minutes of August 1: , 2003
b. Approval of Study Session Minutes of August 19, 2003
c. Approval of Resolution No. 03 -044 Terminating Existing Access Easement and
Accepting Grant of New Access Easement
d. Approval of Payroll: 51 08,015.01
e. Approval of Claims: S71.103.02
Cnuncil Agenda OR- 26-03 Page 1 of 2
4/e &Per
6:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Jim Catlin, Valley Bible Church
ROLL CALL
APPROVAL OF AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS
MAYOR'S REPORT
PUBLIC COMMENTS For members oldie Public to speak to the Council regarding matters NOT on
the Agenda. Plcasc state your name and address for the record and limit remarks to three minutes.
PUBLIC HEARING: Extension of Moratorium
Proposed Ordinance Extending Moratorium on Filing and Acceptance of Applications for
Development Permits or Land Usc Approvals Associated with Adult Entertainment and Adult
RrtaiI Establishments
(1) Open Public hearing
(2) Citizen Comments on Proposed Ordinance
(3) Close Public Hearing
CONSENT AGENDA Consists of items considered routine which are approved as a group. A
C:ouncilmembcr may remove an item from the Consent Agenda to be considered separately
NEW BUSINESS
2. Ordinance No.03 -076 Extending Moratorium on Development Permits or Land Use Approvals
Associated with Adult F.ntertainment and Adult Retail Fstablishmcnts - First Reading [public
comment]
3. Ordinance No. 03 -077 EMAN Franchise Ordinance - First Reading [public comment]
4. Ordinance No. 03 -078 Zoning Code Compliance - First Reading [public comment]
5. Ordinance No. 03-079 Budget Amendment Ordinance - First Reading [public comment]
6. Ordinance No. 03 -080 Authorizing Interlocal Agreement with Public Facilities District - First
Reading [public comment]
7. Presentation of Lease Proposal from "Splash Down"
PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record)
PENDING LEGISLATION: None
ADMINISTRATIVE REPORTS: Proposed Tourism Promotion Area (TPA)
INFORMATION
8. Budget Retreat Update
9. Options for Metropolitan Park Districts
10. Department Monthly Reports:
a. Public Works
b. Building Department
c. Community Development
d. Finance
c. Administration
f. Parks and Recreation
g. Fire Department
h. Police Department
11. Minutes of Planning Commission
12. Follow -up from public comments/concerns: Pines/Mansfield Intersection
:1DJOURNMENT
FL'TURE SCHEDULE
Regular Council Meuings are held the 2`r and e"" Tuesdays of the month, beginning at 6:00 p.m.
Council Study Sessions are held on the off Tuesdays of the month, beginning at 6:00 p.m.
Other Upcoming Meeting 'Eventr:
ugust 26, 4:00 p.m. - EMS Communications Meeting, County Public Works 814.
September 16, 6:30 p.m. - Conversation w' the Community, Central Park Condo Ctr, 6011 E. r Ave
September 24, 1:00 p.m., Public Transportation Improvement Conference, Spokane Transit Board
Meeting, 1230 W. Boone Avenue, Board Room
.September 30, 2003- as of this writing, there will be no Council Study Session this day
November 11, 2003 - Veteran's Day - Council meeting to he held following day
November 12, 2003 - Council Regular Meeting
December 9 -13, 2003 - National League of Cities (NLC) Congress of Citlei, Nashville, TN
Council Agenda 0& -26.03 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2003 • 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 City Council Regular Meeting August 12, 2003
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: Approve as part of Consent Agenda
BUDGET /FINANCIAL IMPACTS: nla
STAFF CONTACT: Chris Bainbridge
ATTACHMENTS
DRAFT
MINUTES
City of Spokane Valley
•City Council Regular Meeting
August 12, 2003
•
Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m.
Attendance:
Councilmembers: 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 Regor, Deputy City Manager
Stanley Schwartz, interim City Attorney
Cary Driskell, Deputy City Attorney
Ken Thompson, Finance Director
Mike Jackson, Parks R Recreation Director
Neil Kersten, Public Works Director
Kevin Snyder, Current Planning Manager
Tom Scholtens, Building Official
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance.
IiNVOCATION: Pastor Robert Keneally of Grace Harvest Fellowship gave the invocation.
ROLL CALL: City Clerk Bainbridge called roll.
APPROVAL OF AGENDA: Mayor DeVleming said that agenda items 4, 5, 6, and 11 will be removed
from the agenda, and added items are 8b: Authorization of Expenditure for Stage at Mirabeau Park, and
12: Stiles Citizen Update. City Manager Mercier mentioned that the parks issues are being removed as the
County has not completed its deliberations on those transactions, and that it is his understanding both
items are scheduled for further consideration at the County's meeting next Tuesday. Councilmember
Munson asked staff to contact the County to ask that they move more speedily toward conclusion of this
issue. It was then nuwed by Deputy Mayor Wilhite and seconded by Councilmember Munson to
approve the agenda as amender! Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: None
COMMITTEE, BOARD, LIAISON SUMMARY ARY REPORTS:
Deputy Mayor Wilhite reported there will be a reception tomorrow for Mark Turner, who resigned as the
head of the Economic Development Committee.
Councilmember Taylor mentioned he met with State Representative Larry Crouse to discuss ideas for
potential legislative items for next year's session.
Councilmember Flanigan reported relative to the hotel /motel RFP, volunteers are working diligently and
should be ready to present information shortly; he has also been attending a joint group of local legislative
Council Minutes 08 -12 -03 Page 1 of 5
Date Approved by Council:
DRAFT
entities regarding animal control and that the group is exploring the possibility of creating one agency that
would handle all of Spokane County to include the governments of Spokane County, City of Spokane
Valley, Spokane City, and perhaps Liberty Lake. Such an agency could aid in reduction of expenses for
all involved; that the County will be holding a public hearing September 2 " regarding increasing fines for
failure to license dogs. Councilmembcr Flanigan also gave a financial report of the incorporation
celebration, stating that donations and sold tickets minus cost of the celebration left a balance in the black;
and he thanked all who worked on the celebration.
Councilmember Schimmels reported he attended a light rail meeting in Portland, and although he was
impressed with Portland's system, he feels a light rail is premature for Spokane Valley at this time; he
suggests staff work this concept into the comprehensive plan, but keep the right -of -way options open for
the long term. Councilmember Schimmels also attended the I -90 Bound breaking which project should
provide about 100 jobs.
Councilmember Munson met with a combined group of citizens, council, and staff working with five
bidders for the City's website; that they were unable to come to a final decision and asked three of the
bidders to give the group a demonstration of their product and that process is underway; he stated the
committee is being careful to make sure we have the best quality product in order to keep the community
apprised of city activities via the webpage.
Councilmember Denenny reported that the CBB Board met to discuss a trip to Calgary in conjunction
with the international trade lines to participate in tourist promotion and exchange programs.
Councilmember Denenny also reported that he, Councilmember Taylor and Deputy Mayor Wilhite
attended the change of command ceremony at Fairchild. Councilmember Denenny also reminded council
of the get - together at his place at Spirit Lake, and that this is not a meeting but strictly a social function.
MAYOR'S REPORT: Mayor DeVleming reported that Councilmember Taylor has been appointed as
an ex- official member of the 1NTEC Board for a one -year term.
PUBLIC COMMENT: Mayor DeVleming asked for public comment on matters not on the agenda.
Tony Lazanis, 10626 E. Trent: spoke of the Mirabeau great room and asked council to re -think their
position and have a larger facility, perhaps even using some of the stadium diversion funds if possible.
PUBLIC HEARING: None.
1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by
Councilmember Schimmels and seconded by Councilmember Denenny to approve the Consent
Agenda. Vote by Acclamation: In favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried
OLD BUSINESS: None
NEW BUSINESS:
2. Ordinance No. 03 -075 Proposed Water Safety Regulation: First Reading.
After City Clerk Bainbridge read the ordinance by title, it was moved by Councilmember Denenny and
seconded by Councilmember Flanigan to waive the rules and adopt Ordinance 03 -075. Deputy City
Attorney Driskell briefly explained that this ordinance would establish water safety regulations for
Spokane River and Shelley Lake (on a limited basis). Mayor DeVleming invited public comment on the
issue. None was offered. Vote by Acclamation: In Favor: Unanimous.. Opposed: None. Abstentions:
None. Motion carried.
Council Minutes 08 -12 -03 Page 2 of 5
Date Approved by Council:
DRAFT
3. Resolution No. 03 -043 Desitmatinp. City Clerk to Receive Claims. After City Clerk Bainbridge read
the resolution by title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to
approve Resolution 03 -043. City Manager Mercier then explained that cities are required to name an
agent to receive any claim for damages, and this resolution satisfies the statute requirement. Mayor
DeVleming invited public comment on the issue. None was offered. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
4. Resolntier D .e er4ies- Removed from the agenda.
5. Contract: Motien -te-A agree e-G - - the- 6ity- efSekene
wnership, Funding, Opera ' . its, Open Space,
l eereat-ien -hie ' ' g . Removed from the agenda.
a , o c .ent -with r n to of Speliane. Removed from the
agenda.
7. Mayor Appointment: Motion to confirm Councilman Denenny to Spokane Transit Authority Mayor
DeVleming invited public comment. None was offered. Councilman Denenny said that the STA
Committee will need to open a position, but that we are making the position available for him should that
slot become open. It was moved by Mayor DeVleming and seconded by Councilman Munson to
confirm Councilman . Denenny to the STA Board when that position becomes available for a one-year
term, as the designee. Mayor DeVleming again invited public comment. None was offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
- • e
8. Mayor Appointment: Motion to confirm Councilmen Denenny and Flanigan to Health District Board.
It was moved by Mayor DeVleming and seconded by Councilman Munson to confirm Councilmen
Denenny and Flanigan to the Spokane Regional Health District Board, as Spokane Valley
Representatives, for hoard seats that become available September 1, 2003. Mayor DeVleming invited
public comment. None was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried
8b. Motion to Authorize Expenditure for Stage at Mirabeau - Point. [added agenda item] Parks and
Recreation Director Mike Jackson said when this stage proposal was originally brought to council, the
construction cost was estimated at $70,000; however, Eller Corporation now estimates the cost at
$98,345.48. Jackson said that although the County maintains this property, he wanted Council to be
aware of this cost increase and to approve the stage construction at this cost. It was moved by Mayor
DeVleming seconded by Councilmember Munson to approve the construction of Mirabeau Stage
at the revised.cost. Parks & Recreation Director Jackson said he was informed the cost difference is due
to a low original estimate from the architect, and that the contactor's estimate was more accurate.
Councilmember Munson said since the County has not yet transferred Mirabeau Point to the City of
Spokane Valley, and that this is being paid for by a grant that is not coming from the City Valley's
budget, he questions why this is an issue now. City Manager Mercier explained that at a farmer meeting,
County Parks & Recreation Director Doug Chase explained that the bids taken to -date on the project
suggested that there may be some residual funds left over, and they were verbally sorting through some
options of how to use those funds, and Council found interest in seeing the construction of a stage on that
site; because that natter had previously come before Council and Council indicated its willingness to
have the County spend the $70,000 for that particular facility, staff felt it was prudent to now inform
Council of the increased change in that improvement, and to determine if Council still believes that the
stage should be installed on that site, and that we will convey that sentiment to the county. Jackson said
there would still be $150,000 left toward the construction budget even with these changes, and that the
County is managing this project. He added that this vote is simply an advisory vote. Mayor DeVleming
asked for public comment.
Council Minutes 08 -12.03 Page 3 of 5
Date Approved by Council:
DRAFT
Richard Trentwood, 13213 E. Rich Avenue: Stated his concerns about the lack of parking or access to the
road. Council said this item is only the stage, which is part of the development of Mirabeau Meadows
which has parking.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried
PUBLIC COMMENT: Mayor DeVleming invited other public comment. None was offered.
PENDING LEGISLATION: None
ADMINISTRATIVE REPORTS:
9. Mirabeau Point Project Discussion. City Manager Mercier explained that this presentation will
provide updated figures to include cost of operating the facility CenterPlace as well as updated figures
associated with the development cost. Deputy City Manager Regor's presentation explained the new
projected revenues and expenditures, which changes the estimated deficit from $455,000 to $22,000.
Deputy City Manager said what staff is looking for tonight is the direction on whether to proceed and
what information council would like from staff to help make that decision. Discussion ensued about
grounds maintenance, senior center projections, current senior center operation, the original vision of the
project, technical training section of the center, and overall project expenditures and the investment in
general. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite that council
move forward with the project. Mayor DeVleming asked for public comment.
Angelo Bomben, 13005 Alki: said he disagrees that the general public is in favor of spending $7 million
on Mirabeau, that there are better ways to spend the money, perhaps for a senior center; that the deadline
dates are not real, and that the public should be sought out to see what they want.
[ Councilmember Taylor left the room at 7:25 p.m., and returned at 7:30 p.m.]
Tony Lazanis, 10626 E. Trent: asked about the colleges' use of educational funding and who would be
paying for that. Councilmember Munson said the cost would come from the budget from the Spokane
Community Colleges, which is partially from state funding, and partially from other taxing authorities.
Ian Robertson, 1716 Ranchford Drive: encourages council to move ahead with this decision; feels this is a
great opportunity, that this of facility and project is unique, the center is needed, and he appreciates the
work of the council and staff.
Bruce Foreman, 5004 NKeller Rd: wants to make sure Council is confident they will be able to hold and
understand the budget; is interested in taxes staying the same or decreasing.
Pat Barton, 1105 N Stout: said the Great Room as projected will not be large enough to hold a high
school graduation.
Vole by Acclamation: In Favor: Deputy Mayor Wilhite, Councilmembers Flanigan, Munson,
Denenny, Schinunels, and Taylor. Opposed: Mayor DeVleming. Abstentions: None. Motion carried.
10. Franchise Ordinance Discussion Continuation
Deputy City Attorney Driskell continued discussion of his July 9 memo on the franchise ordinance
language:
#9 it was agreed to keep the language with the 30 days but that time can be extended as needed
on good cause shown; and to get input from the utilities to help decide the least expensive route.
#10 After discussion of receiving notice or requiring permission to abandon facilities (or both), it
was determined staff will research local law regarding the utility's duty concerning abandonment.
Council Minutes 08.12.03 Page 4 of 5
Date Approved by Council:
#1l This issue pertains to charging for copies as per the public records rate, which is currently
S.15 per page. It was agreed to have the requesting party pay for records as per public records policy.
#12 It was determined that staff will check with WCIA for model language for insurance and
will confirm necessary amounts.
#13 As stated previously regarding this topic, the City will pay the cost of publication.
414 One copy will suffice.
11. 1444e114,-edging 1 4x'" -� 14tid-ate removed from the agenda.
Councilmember Schimmels distributed a "Friend of the Court" brief to City Attorney Schwartz. The
document is entitled "Consolidated Irrigation District No. 19 Board Minutes July 9, 2003."
.12. Stiles Report: City Manager Mercier reported that two reports have been distributed, one from the
Police Department, and one from Public Works Director Neil Kersten, addressing a series of issues
previously brought before council during public comment, from Mr. and Mrs. Stiles regarding traffic
difficulties around their residence at 2321 N. Sargeant. Public Works Director Kersten said the Stiles are
comfortable with the solution at this point of placing the barrier as described in the information.
There being no further business, it was moved, seconded and unanimously agreed upon to adjourn. The
meeting adjourned at 8:15 p.m.
ATTEST:
Christine Bainbridge, City Clerk
DRAFT
Michael DeV lem i ng, Mayor
Council Minutes 08 -12 -03 Page 5 of 5
Date Approved by Council:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2003 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 City Council August 19, 2003 Study Session
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: Approve as part of Consent Agenda
BUDGET /FINANCIAL IMPACTS: nla
STAFF CONTACT: Chris Bainbridge
ATTACHMENTS
Attendance:
Conn cilmemhers:
Michael DeVleming, Mayor
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
Richard Munson, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Absent:
Deputy Mayor Diana Wilhite, .Excused
DRAFT
MTNIITES
City of Spokane Valley
City Council Study Session
August 19, 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.
Cal Walker, Police Chief
Marina Sukup, Comm. Development Dir.
Tom Scholtens, Building Official
Neal Kersten, Public Works Director
Steve Worley, Senior Engineer
Finance Department Staff
.Kathy Cummings, Permit Specialist
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 Finance Director Ken Thompson, who
introduced his staff: Courtney Moore, graduate of Eastern Washington University; Dan Cenis, who has
an accounting degree and is a CPA, was a member of the interim team and agreed to stay; and Accounting
Technician Ellen Avery (who could not attend tonight) who was also an interim team member staying on.
Tom Scholtens then introduced new building permit specialist Kathy Cummings, who formerly worked
for Spokane County.
NW Christian Schools: Foundation Chair Steven Trefts and School Headmaster Jack Hancock
explained that they are the management section of the school and manage this and other properties. They
explained that our rent goes directly to offset student tuition at the schools. They said they also act: as the
Board of Directors for their Thrift Store, and are involved with the actual foundation investments to invest
the assets they manage, and most important they are involved in planned giving, which is the
encouragement of people to remember NW Christian Schools through their estate planning. They
concluded with a message of thanks and encouraged others to name the charity of their choice through
estate planning.
Housekeeping Item: It was moved by Mayor DeVleming and seconded by Councilmember Munson to
excuse Deputy Mayor Wilhite from tonight's meeting. Vote by Acclamation: Unanimous. Motion
carried.
1. D.A.R.E. Status Report: Chief Walker gave some historical background information on the
D.A.R.E. Program and then highlighted his August 8, 2003 memo. Chief Walker explained that he
examined the D.A.R.E. Program and traffic issues, and moved those manpowers back into the patrol level
service position; that he hears continued positive comments from the community; crime is down with a
Study Session Minutes 08 -19 -03 Pane 1 of 4
Date Approved by Council:
DRAFT
tremendous drop in robbery, and that is a result of the new presence of officers. Chief Walker went over
funds needed to teach D.A.R.E. in the schools, and discussed other financial issues and alternatives,
including the option of developing community resource officers. Chief Walker said he believes there are
three choices: (1) add two people and continue the program at a cost of over $200,000; (2) remove
existing personnel off the street and lose the impact at that level; or (3) look at alternatives to see if there
are other solutions. Chief Walker said he feels with the decrease in crime and the community noticing the
positive affects of the police presence, he can't justify moving anyone into a D.A.R.E. program. Chief
Walker asked for council direction.
Chief Walker said there are school resource officials, and the difference is the resource officers do not go
into grade schools whereas D.A.R.E. officers do; and that school resource officers are assigned to a
school district. Chief Walker mentioned there will be three resource officers corning on this school
season, he said there are a number of districts which do not use D.A.R.E and he believes there is no law
mandating such; that the program is more than drug awareness as it also strives to teach life and decision
making skills. It was the consensus of Council that staff contact the school districts and have them give
us a presentation concerning D.A.R.E. needs and the State requirements for drug education, and what
would happen if there were no D.A.R.E. program; and to also have staff and the police department
explore training and funding options.
2. Proposed Resolution Vacating Old and Granting New Easement: Deputy City Attorney Driskell
explained that the property at 3715 South Woodruff was recently sold and in the process, it was
discovered that there is an access easement along the north 15 feet of the property to allow the City access
to a storm drainage. The storm drainage runs behind several properties and when the residence was
constructed, it was built within approximately seven feet of the property line, blocking the access
easement. The new owners wanted to make sure the City still has access to the storm drainage and
offered to vacate the existing 15 -foot easement and grant a new 15 -foot easement on the south property
line. Deputy Attorney Driskell added that he will be drafting a general resolution to provide authority to
the City Manager in cases such as these, so these issues will not come to Council on a regular basis. It
was Council consensus to put this item on the next Council agenda.
3. Proposed Zoning Code Compliance Ordinance: Deputy City Attorney Driskell explained the
proposal as stated in his August 19, 2003 cover memo; adding that this has been presented to the Planning
Commission and that Commission recommendation adoption. The Planning Commission recommended
getting a judicial abatement order prior to entry onto private property if there would be no voluntary
abatement; WCIA and MRSC also recommended that change and that is incorporated into this ordinance.
Councilmember Munson mentioned a discrepancy in amounts on the table on page 3 (monetary penalties
up to $1,000) and the table in the Planning Commission (penalties up to $5,000). Driskell said the
amount should be $5,000. Discussion turned to receipt of written or telephone complaints, and City
Manager Mercier said staff will work on the language to make clear they (staff) can exercise discretion on
similar problems and provide latitude on how best to respond. It was also mentioned that currently staff
responds to all complaints. Councilmember Schimmels also brought up protection of the person
complaining and not disclosing names. Driskell said if a matter were to be brought before a hearing, they
have the option of having the name concealed. It was consensus of Council to place this matter on the
next council meeting.
Mayor DeVleming called for a recess at 7:05 p.m.; he reconvened the meeting at 7:12 p.m.
4. Citizen Participation Plan: Community Development Director Sukup explained that a Public
Participation Program is a necessary first step in initiating the City's Comprehensive Plan; that the intent
is to integrate and adopt the proposed program within the Plan. Director Sukup said the proposals meet or
exceed statute requirements. She also mentioned the need for a statistically balanced survey rather than a
survey of every household in the Valley, and will later ask council what type of survey they prefer, and to
Study Session Minutes 0849 -03 Page 2 of 4
Date .Approval by Council:
DRAFT
determine what questions to ask. She added that statute requires early and continued public. involvement
and staff will keep a log of all intended work; that she would like to have the survey distributed before the
end of this year or the beginning of next year. Director Sukup also mentioned she recommends use of an
outside fine to do the survey and that the State Department of Procurement has a list of prequalified
survey firms that we can use at specific rates. City Manager Mercier suggested Council focus on
identifying what they want to learn from the community, and then the professional survey firm will draft
the questions. It was Council consensus to place this on the September 9 council agenda for adoption.
5. Comprehensive Plan Transportation Element: Community Development: Director Sukup went
through her PowerPoint presentation discussing the Transportation Element of the Plan and RCW
36.70A, Growth Management Act. She stated that the city will be developing its Plan under the
provisions of the Growth Management Act and the Countywide Planning policies. She mentioned the
transportation element is tied closely to the Land Use element. Also presented was the history of traffic
counts performed by the Spokane County at high volume locations, which counts actually showed a
decrease in use in several locations. Councilmember Munson stated it would be helpful to have a
repository of information that council can refer to, and Director Sukup stated she will start to put such a
library together. Economic impact of the transportation element was also discussed and City Manager
Mercier said staff will continue to add to this plan as we review all elements, and dealing with economic
issues will be a part of those continuing discussions.
6. Transportation Improvement Board (TTB) Applications: Public Works Director Neil Kersten and
Senior Engineer Steve Worley gave an overview of the applications and mentioned that applications
process is due to the Transportation Improvement Board (TIB) by August 29, 2003. Director Kersten
mentioned that the Barker Road Bridge project was submitted by the county last fall prior to
incorporation; and the Barker Road Reconstruction Project from Boone Avenue to the Spokane River is
the remaining unfunded project to be submitted this year. Public Works is also working with the County
to consider an application for a Pedestrian Safety and Mobility Program grant for the 24 Avenue
Sidewalk Project, which consists of sidewalk construction along Bowdish Road between 22 Avenue and
24 Avenue, and along the north side of 24 Avenue between Bowdish and Pines Road. It was also
mentioned that today's presentation is informational only and if a grant is awarded, both the grant
acceptance and the local match funding proposal will come before Council for consideration.
7. Wastewater Issues: Discussion ensued regarding wastewater issues and the recently held Department
of Ecology Meeting. City Manager Mercier mentioned that City of Spokane Councilmember Rob
Higgins indicated he felt the reason the meeting was not well attended by their councilmembers was that
the meeting notice was not circulated to them with enough advance notice so as not to interfere with other
plans already set, and that Mr. Higgins asked City Manager Mercier to convey that message to Council.
City Manager Mercier reported that after that DOE meeting, the technical stall of the three orga.nications
will continue to meet and sort through the technical options available. it was also consensus at the DOE
meeting to have. DOE follow -up meetings in about two weeks, although no word has yet been received on
a meeting date. Several constraints were identified by those in attendance, and they were going to go
back to their governments and sort them out; the DOE would also try to determine if there will be a
different standard of monitoring discharge if there is evidence that a regional partnership could best
manage the discharge to the river. Public Works Director Kersten added that the technical meeting is set
for Thursday and at that meeting site concerns will be addressed. City Manager Mercier said we are
looking at capacity issues as opposed to other governance issues, and that it might be in everyone's best
interest to have another session facilitated by DOE. The pros and cons of joint ownership and of reasons
(or not) to explore that issue were then discussed in length; also discussed was making a decision whether
to move forward with the project, project site, participation by the City of Spokane, permitting availability
if no regional approach (and of perhaps pressing DOE for better response), data on the river and river
analysis, and of setting a time limit for a response from Spokane City. It was determined that the
Study Session Minutes 08 -19 -03 Page 3 of 4
Date Approved by Council:
technical staff will contact DOE this week to determine if a date can be set for a meeting next week and
after the meeting, a letter can be sent to the City of Spokane to ascertain their interest in the project.
8. Advance Agenda Additions: Councilmember Munson stated he received e-mail suggesting
postponement of the discussion on the parks issue until after the County's next meeting; but that he feels
postponement is not in the best interest of the City. City Manager Mercier summarized a conversation he
had with Francine Boxer regarding clarifying the comp plan for construction management and design
oversight on Centerplace project and Mirabeau Park, and that these matters will be considered by the
County at their Tuesday meeting; and that he feels it might be premature to list these items on our agenda
before the County's determination. After further brief discussion, it was determined to remove the items
from next week's agenda, but to add to that agenda a briefing on the outcome of the County's meeting.
9. City Manager Comments: City Manager Mercier discussed his upcoming meetings with the
Washington Association of City Managers in Winthrop; and of upcoming State Agency Public Works
Trust Fund Board possible grants for our city for next year. Mr. Mercier also asked for policy
clarification on medical coverage on a pro -rata basis for a permanent half. -time position. It was council
consensus that if the plan provides the opportunity and it doesn't violate any previous provision, the offer
should be extended to cover half of the medical premium.
There being no further business, the meeting was adjourned at 9:02 p.m.
ATTEST:
Christine Bainbridge, City Clerk
DRAFT
Michael DeVlcming, Mayor
Study Session Minutes 08 -19 -03 Page 4 of 4
Date Approved by Council:
Meeting Date: 8 -19 -03 City Manager Sign -off:
Item: Check all that apply: x consent ❑ old business 0 new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Proposed resolution vacating old and accepting new access
easement.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
CITY OF SPOKANE VALLEY
Request for Council Action
BACKGROUND: Property at 3715 South Woodruff (Ponderosa neighborhood) was recently
sold. In the process of new owners purchasing the property, it was discovered that there exists
an access easement along the north 15 feet of the property to allow the City access to a storm
drainage area behind and to the east of the residence. The storm drainage runs behind several
properties. When the residence was constructed, it was built within approximately 7 feet of the
property line on the north, blocking the access easement.
The new owners wanted to make sure the City still had access to the storm drainage, and
offered to vacate the existing 15 foot easement on the north side of the property, and grant a
new 15 foot access easement on the south property line.
The new access is better than what existed on the north, due to the location of the house. This
change of location of the easement is necessary to provide access in the event of flooding.
OPTIONS: Not move the easement and remove the residence.
RECOMMENDED ACTION OR MOTION: Move the resolution for approval on a subsequent
Council meeting.
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Cary Driskell or Dick Thiel
ATTACHMENTS Resolution vacating existing easement and accepting new easement.
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, TERMINATING EXISTING ACCESS EASEMENT AND
ACCEPTING GRANT OF NEW ACCESS EASEMENT.
WHEREAS, Richard and Barbara Berkseth own property at 3715 South Woodruff,
Spokane Valley, WA, with said property being encumbered by an access easement as identified
- in Exhibit A;
WHEREAS, the residential structure at the subject property was constructed over the
access easement, rendering the access easement ineffective for its intended purpose;
WHEREAS, Richard and Barbara Berkseth want to vacate the existing 15 foot access
easement along the north side of their property, and grant a new access 15 foot access easement
to Spokane Valley on the south side of the subject property as described in Exhibit B; and
WHEREAS, Spokane Valley needs an access easement over the subject property no
worse than the currently existing access easement to gain access to a storm drainage located
behind and to the east of the subject property.
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 vacates the access easement described in Exhibit A, and
accepts the grant of access easement described in Exhibit B, and further authorizes the City
Manager to execute all necessary documents to complete the vacation of the existing easement
and conveyance of the new access easement.
ATTEST:
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 03-044
Adopted this day of August, 2003.
City Clerk, Christine Bainbridge
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
City of Spokane Valley
Mayor Michael DeVleming
\1SV -FS I\ Userslcbainbridge\ cbainbridgclRcsolutionslresolution vacating casement and accepting new easement for 8- 26- 03.DOC
Parcel No.:45321
EXHIBIT A
Spokane Valley currently has an access easement for ingress and egress over:
North 15 feet of Lot 2, Block 1, PONDEROSA 6 " ADDITION, as per
plat recorded in Volume 16 of Plats, page 23, records of Spokane
County;
Situated in the County of Spokane, State of Washington
�J
EXHIBIT B
The property owners wish to grant Spokane Valley an access easement for ingress and
egress over:
South 15 feet of Lot 2, Block 1, PONDEROSA 6TH AODIT1ON, as per
plat recorded in Volume 16 of Plats, page 23, records of Spokane
County;
Situated in the County of Spokane, State of Washington
Parcel No.:45321.2302
Meeting Date: 08 -26 -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 : Payroll for Period Ending August 15, 2003
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS: Payroll for period ending 8/15/03: (2+ weeks)
$ 97,718.10 salaries & wages
$ 10,296.91 benefits
108,015.01 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 -26 -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 15, 2003 batch
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: Approve claims of $71,103.02
BUDGET /FINANCIAL IMPACTS: $
STAFF CONTACT: Ellen Avey
ATTACHMENTS
vchlist
08/15/2003 4:26:56PM
Bank code :
Voucher
3305
3306
3307
3308
3309
3310
3311
3312
3313
3314
apbank
Date Vendor
8/15/2003 000248
8/15/2003 000030
8/15/2003 000173
8/15/2003 000148
8/15/2003 000247
8/15/2003 000035
8/15/2003 000060
8/15/2003 000059
8/15/2003 000014
8/15/2003 000072
AGEE ELECTRIC INC.
AVISTA UTILITIES
BINGAMAN, GREG
BLUMENTHAL UNIFORMS & EQUIP
CARLSON SHEET METAL WORKS
CORPORATE EXPRESS
DENENNY, RICHARD
DEVLEMING, MICHAEL
EDEN SYSTEMS, INC.
FLANIGAN, MIKE
Voucher List
Spokane Valley
Invoice
5868
8/25/03
1006
310541
01617
44504154
44590261
44773990
44811259
44968295 30042
45200589
45231962
45231980
Jul 03
Jul 03
16839
Jul 03
PO #
Description /Account
30048 EQUIPMENT INSTALLATION LA
Total :
STREET LIGHTING POWER
Total :
IT TECH SUPPORT SERVICES
Total :
POLICE UNIFORM EMBLEMS
Total :
30049 EQUIPMENT INSTALLATION
Total :
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
Total :
CELL PHONE ALLOWANCE
Total :
CELL PHONE ALLOWANCE
Total :
PROJECT MGMT /CONSULTING
Total :
CELL PHONE ALLOWANCE
Total :
Page: 1
Amount
626.93
626.93
15,278.84
15,278.84
1,020.00
1,020.00
10.86
10.86
535.10
535.10
101.57
386.20
292.35
6.51
176.38
666.06
271.91
25.03
1,926.01
35.00
35.00
35.00
35.00
3,112.50
3,112.50
35.00
35.00
Page: 1
vchlist
08/15/2003 4:26:56PM
Bank code : apbank
voucher List Page: 2
Spokane Valley
Voucher Date Vendor invoice PO # Description /Account Amount
3315 8/15/2003 000002 H & H BUSINESS SYSTEMS 109796 COPY COST; RICOH 1060 12.60
3093285038 COPY MACHINE LEASE 245.39
3093285655 COPY MACHINE LEASE 1,643.12
Total : 1,901.11
3316 8/15/2003 000009 HEWLETT - PACKARD COMPANY, PUBL 33702597 DESKTOP PCS 5,990.90
33981296 NETWORK & PC HARDWARE 502.67
34146444 DESKTOP PCS 3,204.08
Total : 9,697.65
3317 8/15/2003 000259 HUMANIX 132011 TEMP EMPLOYEE SERVICES 76.14
Total : 76.14
3318 8/15/2003 000022 INLAND BUSINESS PRODUCTS, INC. 49582 EMPLOYEE ID BADGE 16.22
Total : 16.22
3319 8/15/2003 000033 MCPC 4407186 OFFICE SUPPLIES 347.53
4411767 30043 OFFICE SUPPLIES 166.96
4413012 30045 SHREDDER 134.07
4413660 30013 FIREPROOF FILE CABINET 2,859.26
Total : 3,507.82
3320 8/15/2003 000034 MCSI 2513110 LCD PROJECTOR 3,402.98
Total : 3,402.98
3321 8/15/2003 000258 MICROFLEX INC. 14466 PROFESSIONAL SERVICES 5,000.00
Total : 5,000.00
3322 8/15/2003 000040 MUNICIPAL RESEARCH & SERVICES, C RM PUBLICATION 12.00
Total : 12.00
3323 8/15/2003 000062 MUNSON, RICHARD Jul 03 CELL PHONE ALLOWANCE 35.00
Total : 35.00
3324 8/15/2003 000239 NORTHWEST BUSINESS STAMP 44334 CUSTOM STAMP 40.43
44420 STAMPS 93.24
44801 30053 CUSTOM STAMPS 114.37
Page: 2
vchlist
08/15/2003 4:26:56PM
Bank code : apbank
Voucher Dato Vendor
3324 8/15/2003 000239
3325 8/15/2003 000058
3326 8/15/2003 000036 OFFICE DEPOT
3327
3328
3329
3330
3331
3332
8/15/2003 000016
8/15/2003 000041
8/15/2003 000091
8/15/2003 000256
8/15/2003 000003
8/15/2003 000031
PETROCARD SYSTEMS
PROTHMAN COMPANY
QUINN, DAVID
RAINBOW ELECTRIC INC
ROYAL BUSINESS SYSTEMS
ROYAL BUSINESS SYSTEMS
3333 8/15/2003 000088 SAFETY & SUPPLY CO
3334 8/15/2003 000064 SCHIMMELS, GARY
Voucher List
Spokane Valley
Invoice
NORTHWEST BUSINESS STAMP (Continued)
OCCUPATIONAL MEDICINE, ASSOCIAT 416370
211477676
211477765
211535336
213119473
3243
3244
C364892
2003 -252
81103
C12772
50171A
148629
152424
PO #
849804 -1 30050
Description /Account
EMPLOYMENT PHYSICAL
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
VEHICLE FUEL
SEARCH EXPENSES
PANEL SIGNS
STAPLES FOR COPIER
SAFETY VESTS
Total :
Total :
Total :
Total :
Total :
Total :
ELECTRICAL LABOR & MATL
Total :
Total :
COPY MAINTENANCE CHARGE
COPY MAINTENANCE CHARGE
Total :
Total :
Jul 03 CELL PHONE ALLOWANCE
Total :
Page: 3
Amount
248.04
192.00
192.00
72.25
15.93
192,71
98.18
27.87
47.54
454.48
377.05
377.05
15,864.49
15,864.49
79.45
79.45
175.41
175.41
105.40
105.40
363.93
154.32
518.25
252.01
252.01
35.00
35.00
Page: 3
vchlist
08/15/2003 4:26:56PM
Bank code: apbank
Voucher
Date Vendor
3335 8/15/2003 000172 SPOKANE COUNTY ENGINEER
3336 8/15/2003 000257
3337 8/15/2003 000063
3338 8/15/2003 000177
3339 8/15/2003 000005
3340 8/15/2003 000125
3341 8/15/2003 000237
3342 8/1512003 000061
3343 8/15/2003 000089
39 Vouchers for bank code :
39 Vouchers in this report
STATE AUDITOR'S OFFICE
TAYLOR, STEVE
U.S. POSTAL SERVICE
VMI, INC
WASH MUNICIPAL CLERKS ASSOC
WEIDERT, HOLLY
WILHITE, DIANA
XO COMMUNICATIONS
apbank
4
Z:'4cher List
Spokane Valley
Invoice
PO #
2A
081103
Jul 03
81403
160846 30032
CB81503
8803
Jul 03
103375060
Description /Account
PROFESSIONAL ENGINEERING
Total :
BARS MANUAL
Total :
CELL PHONE ALLOWANCE
Total :
POSTAGE
Total :
AUDIO EQUIP. ACCESSORY
Total :
CONFERENCE REGISTRATION
Total :
MILEAGE
Total :
CELL PHONE ALLOWANCE
Total :
TELEPHONE SERVICE
Total :
Bank total :
Total vouchers :
Page: 4
Amount
4,412.10
4,412.10
40.00
40.00
35.00
35.00
500.00
500.00
20.29
20.29
200.00
200.00
13.90
13.90
35.00
35.00
1,280.99
1,280.99
71,103.02
71,103.02
Page: 4
vchlist
08/15/2003 4:26:56PM
Bank code : apbank
Voucher List Page: 5
Spokane Valley
Voucher Date Vendor Invoice PO # Description /Account Amount
I, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that I am
authorized to authenticate and certify to said claim.
Finance Director Date
Page: 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2003 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business X new business X public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Proposed extension of Adult Entertainment Moratorium
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Study session August 5, 2003
BACKGROUND: Spokane Valley adopted Spokane County's adult entertainment and retail use
establishment zoning regulations prior to incorporation, and imposed a six -month moratorium on
any new facilities on March 27, 2003. That moratorium is due to expire September 27, 2003. In
order to preserve the status quo while Spokane Valley explores regulatory options, this second
moratorium is necessary.
Part of the County regulations include a five year amortization plan whereby any of the existing
adult retail establishments that do not comply with zoning buffers would be required to move to
one of three areas that do comply. Our adopted regulations include a provision that allows a
business to apply for an extension of the amortization, but they would have to apply for an
extension by September 7, 2003. Extending the amortization period by one year is necessary
to preserve the status quo until the Council determines whether it will continue with the
amortization plan. Requiring an existing business to move under the amortization plan is highly
likely to result in litigation.
Included with the moratorium is a work plan for considering changes to the existing regulations.
The work plan is required by Washington law.
OPTIONS: Make no changes to existing regulations
RECOMMENDED ACTION OR MOTION: Make a motion to advance the ordinance to a
second reading on September 2, 2003.
BUDGET /FINANCIAL IMPACTS: Neutral if adopted.
STAFF CONTACT: Cary P. Driskell and Scott Kuhta
ATTACHMENTS Ordinance and work plan
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 03 -076
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A
MORATORIUM ON TH.E FILLNG AND ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCLATEI) WITH ADULT
ENTERTAINMENT AND ADULT RETAIL ESTABLISHMENTS.
WHEREAS, the City of Spokane Valley incorporated on March 31, 2003; and
WHEREAS, the City Council believes it is in the best interest of the citizens to adopt, consider
and enact reasonable controls and development standards and criteria that relate to adult entertainment
establishments;
WHEREAS, the adult entertainment land use regulations adopted within Spokane County are
extensive and must be properly studied and evaluated in order to determine their extent, scope and
appropriateness within the City of Spokane Valley;
WHEREAS, moratoriums and interim zoning ordinances enacted under RCW Chapter
35A.63.220 are methods by which local governments may preserve the status quo so that plans and
regulations will not be rendered moot by intervening developments;
WHEREAS, upon consideration and adoption of this moratorium, the City Council shall either
prior to adoption hold a public hearing or within sixty (60) days of adoption hold a public hearing on the
proposed moratorium;
WHEREAS, a six month moratorium was adopted on March 27, 2003 through Ordinance No. 61
with the recognition that a moratorium may be effective for up to one (1) year if a work plan is developed
by the City; and
WHEREAS, the City Council finds protection of the public health, safety and welfare supports
the extension of a moratorium on applications or permits for development approval of adult entertainment
establishments and adult: retail use establishments within the City of Spokane Valley.
follows:
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
Section 1. Adult Entertainment and Adult Retail Use Moratorium. The City of Spokane
Valley imposes a moratorium upon the filing of any and all applications for licenses, permits and
approvals for adult entertainment or adult retail use establishments, as that term is defined in Chapter 7.80
of the Spokane County Code (Resolution 99 0762, dated September 7, 1999) and the City Zoning Code.
Without limitation, this moratorium is intended to prohibit the filing or approval of applications or
permits for adult entertainment establishments, adult retail use establishments and similar uses within the
City of Spokane Valley. The City shall not accept any such flings or applications related to the same
until this moratorium either expires or is removed by action of the City Council.
A City Work Plan in support of the moratorium is attached hereto, and incorporated by reference.
I)rnft Ordinance 03-076 Moratorium Paee 1 of 3
DRAFT
Section 2. findings. The City adopts the above findings of fact as support for this
moratorium and further adopts as support for this moratorium, and shall study all Endings of fact and
materials adopted by Spokane County pursuant to Resolution 99 0762 as amended.
Section 3. City Administration. City staff shall not accept any applications or issue any
permits for adult entertainment or adult retail use establishments as those terms are defined or referenced
in this ordinance. City staff shall develop a work plan and report to the City Council proposed regulatory
matters regarding the use and development of adult entertainment and adult retail use facilities.
Section 4. Term of Moratorium. This moratorium shall be effective beginning on
September 29, 2003 and shall continue in full force and effect for six (6) months thereafter.
Section 5. Extension of Amortization Period. On September 7, 1999, Spokane County
adopted new zoning regulations pertaining to adult retail use establishments. Resolution 99 -0762,
adopted a five year amortization period for adult retail use establishments. Any adult retail use
establishment not meeting the new zoning code buffering requirements would be required to relocate its
place of business to an area that meets Zoning Code standards.
To maintain the status quo, to allow the City adequate opportunity to review and potentially
revise its intcrim adult entertainment land use regulations, and to provide adequate time for public
comment, the five -year amortization schedule adopted by Spokane County on September 7, 1999, is
extended by one year. The original amortization period was to expire September 7, 2004. The
amortization schedule, as adopted by Spokane Valley, shall expire September 7, 2005.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
2003.
ATTEST:
Section 7. Effective Date. This moratorium shall be in effect beginning September 27,
PASSED by the City Council this day of September, 2003.
City Clerk, Christine Bainbridge
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
Draft Ordinance 03 -076 Moratorium - Page 2 of 3
DRAFT
City of Spokane Valley
1170713. Sprague •
Spokane, WA 99206
(509) 921-1000
NOTICE OF ORDINANCE PASSED
BY SPOKANE VALLEY CITY COUNCIL
The following is the title and summary of Ordinance No.03 -076 passed by the City of Spokane Valley
City Council on the 2" day of September, 2003.
AN ORDINANCE OF TEL CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A
MORATORITThI ON THE FILING AND ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT
ENTERTAINMENT AND ADULT ESTABLISHMENTS.
The introductory paragraphs state the City desires to establish an adult entertainment moratorium.
Section 1 establishes a moratorium.
Section 2 adopts findings regarding the moratorium.
Section 3 directs that no applications be accepted.
Section 4 establishes a six (6) month moratorium.
Section 5 extends the amortization period for adult retail use businesses for one year.
Section 6 establishes a severability clause in the event a portion of the Ordinance is held invalid.
Section 7 states the Ordinance is immediately effective.
The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above.
A copy will be mailed out upon request.
Christine Bainbridge
City Clerk
Published:
Draft Ordintutee 03 -076 Moratorium Page 3 of 3
Issue
The City Council adopted a 6 -month moratorium restricting the siting of new
adult oriented businesses on March 27, 2003 (City Ordinance No. 61). The
Council believed that the citizen's interest would be served by enacting
reasonable controls and development standards relating to adult
entertainment.
Legal and constitutional issues relating to adult oriented businesses are
extensive and must be thoroughly studied before new regulations are
proposed. For this reason, an additional 6 -month time period will be enacted
to allow sufficient time to review and revise the interim adult business
regulations. The new moratorium will expire March 27, 2004.
Spokane Valley Ordinance No. 61 allows an additional 6 -month time period if
a work program is developed and adopted by the City. The following work
program will guide the regulatory process.
Zoning Code
Adult Business Work Program
1. Review existing Zoning Code regulations /research other
jurisdiction's regulations.
2. Develop working draft Zoning Code amendment, including 2 -3
alternatives.
3. Update Planning Commission on adult oriented business issues
(August 14, 2003).
4. Planning Commission public hearing on proposed Zoning Code
revisions (September 25, 2003).'
5. Planning Commission forwards a recommendation to City Council
(October 9, 2003).
6. City Council may hold optional public hearing to consider Planning
Commission's recommendation (October 21, 2003).
7. City Council adopts new regulations (November 4, 2003).
August 5, 2003 1
7
Adult Business Licensing (Chapter 7.80)
1. City attorney to review licensing regulations to determine if
changes should be proposed (Chapter 7.80, Spokane County Code,
adopted as interim regulation).
2. City Council briefing session on proposed changes to Chapter 7.80.
3. City Council to conduct a public hearing to consider changes to
Chapter 7.80 and Zoning Code revisions.
Adult Oriented Business Work Program
August 5, 2003
2
.2003
Task . .
Aug
Sept
Oct
Nov
1.
Review and research
2 '
Develop Working
Zoning Code Draft
'
3.
Planning Commission Briefing
1
SEPA
t--- I
Planning Commission Public
Hearing (Zoning)
•
•
Planning Commission
Recommendation (Zoning)
City Council Optional Public
Hearing (Zoning an_d Licensing)
1
I
City Council adopts new Adult
Business Regulations
•
7
Adult Business Licensing (Chapter 7.80)
1. City attorney to review licensing regulations to determine if
changes should be proposed (Chapter 7.80, Spokane County Code,
adopted as interim regulation).
2. City Council briefing session on proposed changes to Chapter 7.80.
3. City Council to conduct a public hearing to consider changes to
Chapter 7.80 and Zoning Code revisions.
Adult Oriented Business Work Program
August 5, 2003
2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 8 -26 -03 City Manager Sign -off:
Item: Check all that apply: 0 consent ❑ old business x new business El public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : EMAN Franchise Ordinance — First Reading
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: The Council previously adopted a franchise for EMAN,
but EMAN failed to accept the franchise within 30 days, as required in the franchise.
BACKGROUND: After staff noted that EMAN failed to accept the franchise within 30 days, a
letter was sent EMAN advising that the franchise would need to be adopted again by Council.
At approximately the same time, the owner of EMAN learned of the terms of the Columbia
franchise, and asked that upon re- adoption EMAN get similar terms relating to four dark fiber
instead of six, and a $20.00 monthly recurring charge per mile for each pair of fiber in use.
The new franchise contains those terms, and is consistent with federal statutory requirements of
consistency of franchise terms for similar businesses, such as telecom providers.
OPTIONS: Not adopt the franchise.
RECOMMENDED ACTION OR MOTION: Move the franchise ordinances to a regular agenda
for a first reading.
BUDGET /FINANCIAL IMPACTS: None at this time. Potential financial impacts if City uses
EMAN's fiber network.
STAFF CONTACT: Cary P. Driskell
ATTACHMENTS: Proposed EMAN franchise.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
0 RI)INANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON, GRANTING; A NON - EXLUSIVE FRANCHISE
TO EMAN NETWORKS TO CONSTRUCT, MAINTAIN AND OPERATE
CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY AND
PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-
exclusive franchises for the use of public streets, bridges or other public ways, structures or
places above or below the surface of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of electrical energy, signals and other
methods of conuilunication, for gas, steam and liquid fuels, for water, sewer and other private
and publicly owned and operated facilities for public service; and
WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at
least a majority of the entire City Council and publication at least once in a newspaper of general
circulation in the City; and
WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance,
subject to its terms and conditions, is in the best interests of the public.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, does ordain as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and
teens shall have the meaning set forth below:
1. "City Manager" shall mean the City Manager or his/her designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating, laying, testing, operating, extending, upgrading, renewing,
removing, replacing, and repairing a facility.
3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. If a
thing or act is to be done in less than seven (7) days, intermediate
Saturdays, Sundays and legal holidays shall be excluded in the
computation of time.
4. "distribution system, system and lines" used either in the singular or plural
shall mean and include the poles, conductor, pipe, mains, laterals,
conduits, feeders, regulators, meters, fixtures, connections, and all
C:1Documcnts and Settingslcbainbridge\Local Settings \Temporary Internet Files\OLK2E1Finan Networks franchise
- final for second adoption 8- 8- 03.doc
attachments, appurtenances equipment and appliances necessary and
incidental thereto or in any way appertaining to the distribution of the
service or product and which are located within a right of way.
5. "facility" used either in the singular or plural shall mean any tangible
component of the transmission and distribution system within the right of
way or on public property, including supporting structures, located in the
operation of activities authorized by this Franchise. The abandonment by
Grantee of any facilities as defined herein shall not act to remove the sane
from this definition.
6. "Hazardous Substances" shall mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, a
hazardous, toxic or radioactive substance, or other similar term, by any
federal, state or local environmental statute, regulation, or ordinance or
decision of a state or federal court or administrative agency or body,
presently in effect or that may be promulgated in the future, and as such
statutes, regulations and ordinances may be amended from time to time.
7. "maintenance, maintaining or maintain" shall mean the work involved in
the replacement and/or repair of Facilities; including constructing,
relaying, repairing, replacing, examining, testing, inspecting, removing,
digging and excavating, and restoring operations incidental thereto.
8. "Permittee" shall mean a person or entity who has been granted a permit
by the Permitting Authority.
9. "Permitting Authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the
rights of way (ie. Obstruction Permits).
10. "product" shall refer to the item, thing or use provided by the Grantee.
11. "public property" shall mean any real estate or any facility owned by the
City.
12. "right of way" shall refer to the surface of and the space along, above, and
below -any street, road, highway, freeway, lane, sidewalk, alley, court,
boulevard, parkway, drive, Grantee easement, and/or road right of way
now or hereafter held or administered by the City.
13. "streets" or "highways" shall mean the surface of, and the space above and
below, any public street, road, alley or highway, within the City used or
intended to be used by the general public, to the extent the City has the
right to allow the Grantee to use them.
C:1Documents and SettingslebainbridgelLocal SettingslIemporary Internet Files \OLK2E1.ir man Networks franchise
- final for second adoption 8- 8- 03.doc
2
o
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the "City "), hereby grants unto EMAN NETWORKS, a Washington not -
for- profit corporation (hereinafter "Grantee "), a franchise for a period of ten (10) years,
beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace
and use all necessary equipment and facilities for purposes described on Exhibit A, system, in,
under, on, across, over, through, along or below the public right -of -ways and public places
located in the City of Spokane Valley, as approved under City penrnits issued pursuant to this
franchise (hereinafter the "Franchise ").
Section 3. Fee. No right-of-way use fee is imposed for the term of this Franchise.
Any such right -of -way use or franchise fee that may be imposed by subsequent ordinance would
apply to any subsequent franchise, if any, between the parties.
Section 4. Citv Use. The following provisions shall apply regarding City use.
Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use
of four (4) dark fiber strands at every location passed by Grantee's facilities
within the boundaries of the City, for sole and exclusive municipal use or
designation, with access to any building or facility designated by the City. Said
dark fiber shall be reserved for use by the City for governmental purposes,
PROVIDED, that as to the fiber resources granted to the City under the terms of
this provision, the City agrees that it will not use such fiber as a public utility
provider of telecommunications business service to the public. The City reserves
the right to connect its four dark fiber strands to other fiber network providers,
with the goal of achieving maximum connectivity for City purposes. Any such
interconnection shall be in a manner specified by Columbia Fiber engineering
requirements.
2. The City shall have the right to access by connection to the four dark fiber strands
at any location served by this Franchise within the City limits. The City shall
provide at least 30 days written notice of intent to access Grantee's service.
3. The City shall pay all costs associated with constructing any City connection to
Grantee's Franchise service. The City shall pay Grantee a recurring monthly
charge of $20.00 per fiber pair per mile in use by the City unless otherwise
specifically agreed by both the parties in writing. Said monthly recurring charge
shall not be imposed until such time as the fiber is put into use by City. A fiber
pair refers to two strands of cable.
4. Subject to Subsection 1, the designation of either conduit or fiber shall be at the
sole discretion of the City Manager, PROVIDED, Grantee may submit a wcritten
request to the City Manager asking him /her to advise of the City's election of
conduit or fiber for a specific installation or area, whereupon the City Manager
shall promptly designate a choice. In the absence of a response from the City
Manager, the designation shall be deemed the .fiber option. In the event of
expansion, upgrade, or major repair or maintenance operations affecting conduit
C:Documents and Settings\cbainbridge\Local Settings\Temporary Internet Files \OLK2E113.man Networks franchise
- final for second adoption 8- 8- 03.doc
3
installation or transmission capacity, the City may change or exercise its option as
in the instance of an initial installation.
Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise or under ordinances of
the City. Where the City incurs costs and expenses for review or inspection of activities
undertaken through the authority granted in this Franchise or any ordinances relating to the
subject for which a permit fee is not established, Grantee shall pay such costs and expenses
directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any
and all costs it reasonably incurs in response to any emergency involving Grantee's facilities.
Section 6. Non- Exclusivity. This Franchise is granted upon the express condition
that it shall not in any manner prevent the City from granting other or further franchises in,
under, on, across, over, through, along or below any right -of -ways, streets, avenues and any
other public lands and properties of every type and description. This and other franchises shall,
in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other
public properties or affect its jurisdiction over them or any part of them. The City hereby retains
full power to make all changes, relocations, repairs, maintenance, establishments, improvements,
dedications or vacation of same as the City may deem fit, including the dedication,
establishment, maintenance, and improvement of all new right -of -ways, streets, avenues,
thoroughfares and other public properties of every type and description.
Section 7. Non- Interference with Existing Facilities. The City shall have prior and
superior right to the use of its roads, streets, and alleys, and public properties for installation and
maintenance of its facilities and other governmental purposes, and should in the sole discretion
of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and
cost, conform to the City's facilities and other government purposes of the City.
The owners of all utilities, public or private, installed in or on such public properties prior
to the installation of the lines and facilities of the Grantee., shall have preference as to the
positioning and location of such utilities so installed with respect to the Grantee. Such
preference shall continue in the event of the necessity of relocating or changing the grade of any
such public properties.
Grantee's system shall be constructed and maintained in such manner as not to interfere
with sewers, water pipes, or any other property of the City, or with any other pipes, wires,
conduits or other facilities that may have been laid in the rights of way by or under the City's
authority.
Section 8. Right to Roads Not Superseded. The City, in the granting of this
Franchise, does not waive any rights which it now holds or may hereafter acquire, and this
Franchise shall not be construed . so as to deprive the City of any powers, rights, or privileges
which it now has, or may hereafter acquire, including the right of eminent domain, to regulate
the use and control of its roads covered by this Franchise, or to go upon any and all City roads
and highways for any purpose including constructing, repairing, or improving the same in any
such manner as the City, or its representatives may elect. The City shall retain full authoritative
power in the same and like manner as though this Franchise had never been granted.
C:Wocuments and Settingslcbainbridgc\Local Settings\Temporary Internet Filcs\OLK2Elhman Networks franchise
- final for second adoption 8- 8- 03.doc
4
Nothing in this Franchise shall be construed to prevent the City from constructing
facilities, grading, paving, repairing and/or altering any street, or laying down, repairing or
removing facilities or constructing or establishing any other public work or improvement. All
such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the
unrestricted use and operation of the facilities of the Grantee under this Franchise. 1f however,
any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed
or replaced. Any and all such removal or replacement shall be at the sole expense of the
Grantee. Should Grantee fail to remove, adjust or relocate its :facilities by the date established by
the City Engineer's written notice to Grantee, the City may cause and/or effect such removal,
adjustment or relocation, and the expense thereof shall be paid by Grantee.
Section 9. Commencement of Construction, Construction of the facilities
contemplated by this Franchise may commence within ninety (90) days of the effective date of
this Ordinance, provided that such time limit shall not apply to delays caused by acts of God,
strike or other occurrences over which Grantee has no control. Failure to begin construction of
facilities within one (1) year of this franchise shall automatically result in termination of this
franchise.
Section 10. Construction Standards. All facilities shall be installed in conformity
with the plans and specifications filed with the City, except in instances in which deviation may
he. allowed in writing by the City Engineer pursuant to application by the Grantee. All plans and
specifications shall specify the class and type of material and equipment to be used, manner of
excavation, construction and installation, back[ill, erection of temporary structures, erection of
permanent structures, and the traffic control mitigation measures as provided by the Manual on
Uniform Traffic Control Devices, or similar standards as may be applicable from time to tirne.
The plans must meet all Federal, State, County and City Codes and the Utility Acconuniodation
Plan Standards.
Notwithstanding any provision herein to the contrary, any excavations and installations
by the Grantee in any of the public properties within the corporate limits of the City shall be
done in accordance with such reasonable rules, regulations, resolutions, and resolutions of
general application now enacted or to be enacted by City Council, relating to excavations in
public properties of the City, and authorized by the City Engineer. Said rules, regulations,
authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role
in administering the primary use and purpose of public properties, and not for relieving the
Grantee of any duty, obligation, or responsibility for the competent design, construction,
maintenance, and operation of its facilities. Grantee is responsible for the supervision, condition,
and quality of the work done, whether it is by itself or by contractors, assigns or agencies.
Section 11. Special Construction Standards. During any period of work relating to
Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such
places and positions within or adjacent to public right -of -ways and other public properties so as
to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the
free use of adjoining property. Grantee shall, at all tunes, post and maintain proper barricades
and comply with all applicable safety regulations during such period of construction as required
C:1Documents and Settingslebainbridge.Local SettingslTemporary Internet Files\OLK2E1Eman Networks franchise
- final for second adoption 8- 8- 03.doc
5
by the ordinances of the City, conditions of permits, and laws and regulations of the State of
Washington, specifically including RCW 39.04.180 for the construction of trench safety systems.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered
by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees
and utilities to share such excavated trenches, provided that: (1) such joint use shall not
unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect
Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be
required to contribute to the costs of excavation and filling.
Section 12. Restoration After Construction. Grantee shall, after abandonment
approved under Section 29 herein, or any other installation, construction, relocation,
maintenance, or repair of facilities within the area of this Franchise, restore the surface of the
right -of -way or public property to at least the condition that the same was in immediately prior to
any such work. Grantee agrees to promptly complete all restoration work and to promptly repair
any damage caused by such work within the area of this Franchise or other affected area at its
sole cost and expense.
Section 13. Damage and Non - Compliance. Any and all damage, or injury, done or
caused to City right of way, City facilities, or any portion thereof in the construction, operation,
maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to
the satisfaction of the City Engineer; and in the event the Grantee shall fail, neglect, or refuse to
immediately repair and reconstruct said damage or injury to said City right of way or facilities,
the same may be done by the City and the cost and expense shall be immediately paid by the
Grantee to the City.
If it is discovered by the City that Grantee has damaged, injured, or failed to restore the
right of way in accordance with this Franchise, the City shall provide the Grantee with written
notice including a description of actions the City believes necessary to restore the right of way.
If the right of way is not restored within ten (10) days' from written notice, the City, or its
authorized agent, may restore the right of way and facilities. The Grantee is responsible for all
costs and expenses incurred by the City to repair and restore the right of way and facilities in
accordance with this Franchise. The rights granted to the City under this Section 10 shall be in
addition to those otherwise provided by this Franchise.
Section 14. Protection of Monuments. Before any work is performed under this
Franchise which may affect any existing monuments or markers of any nature relating to
subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments
and markers. The reference points shall be so located that they will not be disturbed during the
Grantee's operations under this Franchise. The method of referencing these monuments or other
points to be referenced shall be approved by the City Engineer. All concrete encased recorded
monuments which have been disturbed or displaced by such work shall be restored pursuant to
Federal standards and. specifications. The replacement of all such monuments or markers
disturbed during construction shall be made as expeditiously as the conditions permit, and as
directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or
C:1Documents and SettingslcbainbridgelLocal Settings\Temporary Internet I'ileslOLK2ElEman Networks franchise
- final for second adoption 8- 8- 03.doc
6
disturbed, and the expense of replacement of approved monuments and other marker ties which
have been re- established or disturbed shall be borne by the Grantee.
Section 1.5. Drainage. If the work done under this Franchise interferes in any way
with the drainage of a City right of way, the Grantee shall wholly and at its own expense make
such provisions necessary to eliminate the interference to the drainage to the satisfaction of the
City Engineer.
Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or
excavate in any public right -of -way or other public property for the purpose of installation,
construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a
permit to do so, together with detailed plans and specifications showing the position, depth, and
location of all such facilities in relation to existing right -oi -ways, roads, streets, or other public
property, hereinafter collectively referred to as the `Plans." All work within any public rights -
of -way or other public property shall be pursuant to permit a valid permit. The facilities shall be
installed or constructed in exact conformity with said Plans except in instances in which
deviation may he allowed by the City, in writing, in response to written application by Grantee.
The Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information including a schedule for the work. During the
progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the
right -of- ways. Grantee shall file as -built plans and maps with the City showing the final location
of the facilities. All restoration of right -of -ways, roads, streets, storm drainage and the surface of
other public property shall be in conformance with City standards, and conditions of the permit.
Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary
to control and carry Grantee's products so as to prevent injury to the City's property or property
belonging to any person within the. City. Grantee, solely at its own expense, shall repair, renew,
change, and improve said facilities from time to time as may he necessary to maintain the same
in good condition. Grantee shall not construct its facilities in a manner that requires any
customer to instal] cables, ducts, conduits, or other facilities, in, under, or over the City's rights
of way.
Section 18. Emergency Response. The Grantee shall, within six months of the
execution of this Franchise by the Grantee, prepare and file with the City and adhere to an
Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency
condition. The Plan shall designate responsible officials acid emergency 24 -hour on -call
personnel and the procedures to be followed when responding to an emergency. When
developing such Plan, the Grantee shall work with the City Engineer and the City's Police
Department to determine when and how the same should be contacted during emergencies.
After being notified of an emergency, Grantee shall cooperate with the City and make every
effort to immediately respond with action to minimize damage and to protect the health and
safety of the public.
C:1Documents and Settings\cbainbridge\Local Settings\Tcmporary Internet Files\OLK2E12man Networks franchise
- final for second adoption 8- S- 03.doc
7
In the event the Grantee fails or refuses to promptly take the directed action, or fails to
fully comply with such direction, or if emergency conditions exist which require immediate
action to prevent imminent injury or damages to persons or property, the City may take such
actions as it believes are necessary to protect persons or property and the Grantee shall be
responsible to reimburse the City for its costs and any expenses.
Section 19. Emergency Work. In the event of any emergency in which any of
Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are
otherwise in such a condition as to immediately endanger any property, life, health, or safety,
Grantee shall immediately inform the City of the location and condition and shall immediately
take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions.
Such emergency work may be commenced without first applying for and obtaining a permit as
required by this Franchise. However, this provision shall not relieve Grantee from the
requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all
such permits not later than the next succeeding day during which the City is open for business.
Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for
becoming familiar with, and understanding, the provisions of Washington's One -Call statutes.
Grantee shall comply with the terms and conditions set forth in the One -Call statutes.
Section 21. Inspections and Fees. All work performed by Grantee shall be subject to
inspection by and approval of the City. The Grantee shall reimburse the City for all expenses
incurred by the City in the examination, inspection, and approval of Grantee's work. Such
reimbursement shall be in addition to any other fees or charges levied by the City.
Section 22. Safety. The Grantee, in accordance with applicable federal, state, and
local safety rules and regulations, shall, at all times, employ ordinary care in the installation,
abandonment, relocation, construction, maintenance, and/or repair, utilizing methods and devices
commonly accepted in their industry of operation to prevent failures and accidents that are likely
to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the
Right of Way shall be constructed and maintained in a safe and operational condition. Grantee
shall follow all safety codes and other applicable regulations in the installation, operation, and
maintenance of the facilities.
Section 23. Building Moving. Whenever any person shall have obtained permission
from the City to use any right of way for the purpose of moving any building or other oversized
structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at
the expense of the Permittee desiring to move the building or structure, any of Grantee's
facilities that may obstruct the movement thereof; provided, that the path for moving such
building or structure is the path of least interference to Grantee's facilities, as determined by the
City.
Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new
facilities in the rights of way, or upon any addition or annexation to the City of any area in which
Grantee retains any such facilities in the rights of way, the Grantee shall submit to the City a
C:\Documents and Settingslcbainbridgeh„ocal Settings\Temporary Internet Files\OLK2ElEman Networks franchise
- final for second adoption 8- 8- 03.doc
8
written statement describing all facilities involved, whether authorized by Franchise or any other
fomm of prior right, and specifying the location of all such facilities. Such facilities shall
immediately be subject to the terms of this Franchise.
Section 25. Dangerous Conditions - Authority of City to Abate. Whenever
excavation, installation, construction, repair, maintenance, or relocation of facilities authorized
by this Franchise has caused or contributed to a condition that appears to substantially impair the
lateral support of the adjoining right-of-way, road, street or other public place, or endangers the
public, adjoining public or private property or street utilities, the City may direct Grantee, at
Grantee's sole expense, to take all necessary actions to protect the public and property. The City
may require that such action be completed within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City,
or fails to fully comply with such directions, or if emergency conditions exist which require
immediate action, the City may enter upon the property and take such actions as are necessary to
protect the public, adjacent public or private property, or street utilities, or to maintain the lateral
support thereof, and all other actions deemed by the City to be necessary safety precautions; and
Grantee shall be liable to the City for all costs and expenses thereof.
Section 26. Hazardous Substances. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning Hazardous Substances relating to
Grantee's facilities in the right of way. Grantee shall maintain and inspect its facilities located in
the rights of way. Upon reasonable notice to Grantee and in the presence of an authorized
representative of Grantee, the City may inspect Grantee's facilities in the rights of way to
determine if any release of Hazardous Substances has occurred, or may occur, from or related to
Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee
on a periodic basis of its facilities for Hazardous Substances, nor is to remove the responsibility
of the Hazardous substance from the Grantee. In removing or modifying Grantee's facilities as
provided in this Franchise, Grantee shall also remove all residue of Hazardous Substances in
compliance with applicable environmental clean-up standards related thereto. Grantee agrees to
forever indemnify the City against any claims, costs, and expenses; of any kind, whether direct
or indirect, incurred by the City arising out of the release or threat of release of Hazardous
Substances caused by Grantee's ownership or operation of its facilities within the City's right of
way.
Section 27. Lnvironmental. Grantee shall comply with all environmental protection
laws, rules, recommendations, and regulations of the United States and the State of Washington,
and their various subdivisions and agencies as they presently exist or may hereafter be enacted,
promulgated, or amended, and shall indemnify and hold the City harmless from any and all
damages arising, or which may arise, or be caused by, or result from the failure of Grantee. fully
to comply with any such laws, rules, reconunendations, or regulations, whether or not Grantee's
acts or activities were intentional or unintentional. Grantee shall further indemnify the City
against all losses, costs, and expenses (including legal expenses) which the City may incur as a
result of the requirement of any government or governmental subdivision or agency to clean
and /or remove any pollution caused or permitted by Grantee, whether said requirement is during
the term of the Franchise or subsequent to its termination.
C,1Documents and Scttingslcbainbridge\Local Settings\Ternporary Internet FileslOLK2ElErnan Networks franchise
- final for second adoption 8- 8- 03.doc
9
Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and
expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its
facilities when so required by the City by reason of traffic conditions or public safety,
dedications of new right -of -ways and the establishment and improvement thereof, freeway
construction, change or establishment of street grade, or the construction of any public
improvement or structure, provided that Grantee shall in all such cases have the privilege to
temporarily bypass, in the authorized portion of the same street upon approval by the City, any
section of their facilities required to be temporarily disconnected or removed.
if the City determines that the project necessitates the relocation of Grantee's then
existing facilities, the City shall:
a) At least sixty (60) days prior to the commencement of such improvement
project, provide Grantee with written notice requiring such relocation; and
b) Provide Grantee with copies of pertinent portions of the plans and
specifications for such improvement project and a proposed location for Grantee's
facilities so that Grantee may relocate its facilities in other City right -of -way in
order to accommodate such improvement project.
c) After receipt of such notice and such plans and specification, Grantee shall
complete relocation of its facilities at no charge or expense to the City so as to
accommodate the improvement project at least ten (10) days prior to
commencement of the project.
Grantee may, after receipt of written notice requesting a relocation of its facilities, submit
to the City written alternatives to such relocation. The City shall evaluate such alternatives and
advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work
which would otherwise necessitate relocation of the facilities. If so requested by the City,
Grantee shall submit additional information to assist the City in making such evaluation. The
City shall give each alternative proposed by Grantee full and fair consideration. In the event the
City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its
facilities as otherwise provided in this Section.
The provisions of this Section shall in no manner preclude or restrict Grantee from
making any arrangements it may deers appropriate when responding to a request for relocation
of its facilities by any person or entity other than the City, where the facilities to be constructed
by said person or entity are not or will not become City owned, operated or maintained facilities,
provided that such arrangements do not unduly delay a City construction project.
Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by
Grantee may be abandoned without the express written consent of the City. Any plan for
abandonment or removal of Grantee's facilities must be first approved by the City, and all
necessary permits must be obtained prior to such work.
C\Documents and Settingslcbainbridge'Local Settings \Temporary Internet Files \OLK2E\Ernan Networks franchise.
- final for second adoption 8- 8- 03.doc
1 0
( 5
To the extent such requests are limited to specific facilities at a given location within the
Franchise area in connection with the construction of any City project, Grantee shall provide to
the City, upon the City's reasonable request, copies of available drawings in use by Grantee
showing the location of such facilities. Grantee shall field locate its facilities in order to
facilitate design and planning of City improvement projects.
Upon written request of the City, Grantee shall provide the City with the most recent
update available of any plan of potential improvements to its facilities within the Franchise area;
provided, however, any such plan so submitted shall be for informational purposes only, and
shall not obligate Grantee to undertake any specific improvements within the Franchise area.
Public Disclosure Act: Grantee acknowledges that information submitted to the City
may be subject to inspection and copying under the Washington Public Disclosure Act codified
in chapter 42.17 RCW. Grantee shall mark as "CONFI.DENTIAL" each page or portion thereof
of any documentation/information which it submits to the City and which it believes is exempt
from public inspection or copying. The City agrees to provide the Grantee with a copy of any
public disclosure request to inspect or copy documentation /information which the Grantee has
provided to the City and marked as "CONFIDENTIAL" prior to allowing any inspection and /or
copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to
provide the City with its written basis for non - disclosure of the requested
documentation/information. In the event the City disagrees with the Grantee's basis for non-
disclosure, the City agrees to withhold release of the requested docurnentationIinformation in
dispute until the Grantee can file a legal action under RCW 42.17.330.
Section 31. Limitation on Future Work. In the event that the City constructs a new
street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street
for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the
City.
Section 30. Records. As a condition of this Franchise, and at its sole expense,
Grantee agrees to provide the City with available as -built plans, potential improvement plans,
field locates, maps, plats, specifications, profiles, and records of its facilities within City right of
way. Such documents shall be provided within six months of the execution of said Franchise by
Grantee. These records shall be in a digital electronic format acceptable to the City, unless the
City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format
acceptable to the City Engineer shall be provided. Grantee shall provide the City a plan map
updated annually showing all Grantee's facilities located within the City right of way or public
properties.
Section 32. Remedies to Enforce Compliance. In addition to any other remedy
provided herein, the City reserve the right to pursue any remedy to compel or force Grantee
and /or its successors and assigns to comply with the terms hereof, and the pursuit of any right or
remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation
for breach of the conditions herein.
Section 33. City Ordinances and Regulations. Nothing herein shall be deemed to
C:Wocuments and Settings\cbainbridge \Local Scttings\Temporary Internet Files\OLK2E1Eman Networks franchise
- final for second adoption 8- 8- 03.doc
11
direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances
regulating the performance of the conditions of this Franchise, including any reasonable
ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all times to control by appropriate
regulations the location, elevation, and manner of construction and maintenance of any facilities
by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance
would cause Grantee to violate other requirements of law.
Section 34. Vacation. If, at any time, the City shall vacate any City road, right-of-way
or other City property which is subject to rights granted by this Franchise and said vacation shall
be for the purpose of acquiring the fee or other property interest in said road, right -of -way or
other City property for the use of the City, in either its proprietary or governmental capacity, then
the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate
this Franchise with reference to such City road, right -of -way or other City property so vacated,
and the City shall not be liable for any damages or loss to the grantee by reason of such
termination.
Section 35. Indemnification. Grantee hereby releases, covenants not to bring suit and
agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and
representatives from any and all claims, costs, judgments, awards or liability to any person,
including claims by Grantee's own employees to which Grantee might otherwise be immune
under Title 51 RCW, arising from injury or death of any person or damage to property of which
the negligent acts or omissions of Grantee, its agents, servants, officers or employees in
performing services under this Franchise are the proximate cause. Grantee further releases,
covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its
officers and employees from any and all claims, costs, judgments, awards or liability to any
person, including claims by Grantee's own employees to which Grantee might otherwise have
immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership
or control of the right -of -ways or other public properties, by virtue of Grantee's exercise of the
rights granted herein, or by virtue of the City's permitting Grantee's use of the City's right
ways or other public property based upon the inspection or lack of inspection of work performed
by Grantee, its agents and servants, officers or employees in connection with work authorized on
the City's property or property over which the City has control, pursuant to this Franchise or
pursuant to any other permit or approval issued in connection with this Franchise. This covenant
of indemnification shall include, but not be limited by this reference, to claims against the City
arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or
employees in barricading, instituting trench safety systems or providing adequate warnings of
any excavation, construction, or work in any public right -of -way or other public place in
performance of work or services permitted under this Franchise.
Inspection or acceptance by the City of any work performed by Grantee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not reduced to
a suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation.
C:1t7ocuments and Settingslcbainbridge\Local Settings\Temporary Internet Files1OLK2E1Eman Networks franchise
- final for second adoption 8- 8- 03.doc
12
In the event that Grantee refuses to accept the tender of defense in any suit or any claim,
said tender having been made pursuant to the indemnification clauses contained herein, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the
parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee,
then Grantee shall pay all of the City's costs for defense of the action, including all reasonable
expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including
reasonable attorneys' fees of recovering under this indenmification clause.
Should a court of competent jurisdiction (or such other tribunal that the parties shall agree
to decide the matter) determine that this Franchise, or work conducted under authority of this
Franchise, is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Grantee and the City, its officers, employees and agents, Grantee's liability
hereunder shall be only to the extent of Grantee's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes Grantee's waiver of
immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has
been mutually negotiated by the parties.
The provisions of this Section 35 shall survive the expiration or termination of this
Franchise agreement, for a period of three. (3) years.
Section 36. Insurance. Grantee shall procure and maintain for the duration of the
Franchise, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the exercise of the rights, privileges and authority granted
hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of
such insurance certificate to the City for its inspection prior to the adoption of this Ordinance,
and such insurance shall evidence:
1. Automobile Liability insurance with limits no less than $1,000,000 Combined
Single Limit per accident for bodily injury and property damage. Such liability
insurance shall only be required from Grantee for vehicles owned or controlled by
Grantee. Any contractor hired by Grantee to perform labor in the performance of
this franchise shall be required to obtain auto insurance as stated in this
subsection; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 Combined Single Limit per occurrence and
52,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products /completed operations; broad form property; explosion, collapse and
underground (XCU); and Employer's Liability.
Any deductibles or self - insured retentions must be declared to and approved by the City.
Payment of deductible or self-insured retention shall be the sole responsibility of Grantee.
Recognizing the term of this Franchise, the City Council may unilaterally adjust the insurance
liability limits to reflect the degree of risk and market conditions.
C:IDocuments and SetiingslcbainbridgelLocal SettingslTemporary Internet Files\OLK2E\Eman Networks franchise
- final for second adoption 8- 8- 03.doc
13
The insurance obtained by Grantee shall name the City, its officers, employees and
volunteers as insureds with regard to activities performed by or on behalf of Grantee. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a
clause stating that coverage shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance
shall be the primary insurance as respects the City, its officers, officials, employees and
volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers
shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate
required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City.
Any failure to comply with the reporting provisions of the policies required herein shall
not affect coverage provided to the City, its officers, officials, employees or volunteers.
Section 37. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any
parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon
the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a
corporate surety authorized to operate a surety business in the State of Washington, in such sum
as may be set and approved by the City as sufficient to ensure performance of Grantee's
obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all
the covenants, terms and conditions and shall faithfully perform all of the obligations of this
Franchise, and to repair or replace any defective work or materials discovered in the City's road,
streets, or property.
Section 38. Modification. The City and Grantee hereby reserve the right to alter,
amend or modify the terms and conditions of this Franchise upon written agreement of both
parties to such alteration, amendment or modification.
Section 39. Compliance With New Regulations. The City reserves for itself the right
to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane
County and /or City regulation, Utility Accommodation Plan, or right of way regulation, State
and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or
promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails
to comply with such changes, amendments, modifications, and /or amplifications, this Franchise
may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate
this Franchise and upon termination the City shall have a lien upon all equipment and materials
erected or placed under this Franchise, which lien may be enforced to reimburse the City for any
reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by
the Grantee.
Section 40. Forfeiture and Revocation. If Grantee willfully violates or fails to
comply with any of the provisions of this Franchise, or through willful or unreasonable
C:1Documents and Settingslcbainbridee\Local Settings\Temporary Internet Files\OLK2E\Eman Networks franchise
- final for second adoption 8- 8- 03.doc
14
negligence fails to heed or comply with any notice given Grantee by the City under the
provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights
conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing
held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any
prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane
County Superior Court compelling Grantee to comply with the provisions of this Franchise and
to recover damages and costs incurred by the City by reason of Grantee's failure to comply.
Section 41. Assignment. This Franchise may not be assigned or transferred without
the written approval of the City. For purposes hereof, the grant of any security agreement or
security interest in the facilities of the Grantee to secure any financing or refinancing, shall
constitute an assignment of this Franchise for which written approval would be required. In the
case of the transfer or assignment as collateral for a mortgage or other security instrument in
whole or in part to secure indebtedness, such consent shall not be required unless and until the
secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to
the City of any such assignment.
Section 42. Costs of Publication. The cost of the preliminary and /or final publication
of this Ordinance and/or its Ordinance Summary shall be borne by Grantee.
Section 43. Acceptance. Not later than thirty (30) days after passage and publication
of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an
unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within
said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges
herein granted shall, after the expiration of the five day period, absolutely cease, unless the time
period is extended by ordinance duly passed for that purpose.
Section 44. Survival. All of the provisions, conditions and requirements of Sections:
5, 13, 24, 25, 26, 35 and 48 of this Franchise shall be in addition to any and all other obligations
and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by
contract, and shall survive termination of this Franchise, and any renewals or extensions hereof.
All of the provisions, conditions, regulations and requirements contained in this Franchise shall
further be binding upon the heirs, successors, executors, administrators, legal representatives and
assigns of Grantee and all privileges, as well as all obligations and liabilities of Grantee shall
inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever
Grantee is named herein.
Section 45. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence clause or phrase of this Ordinance. In the event that any of the provisions of
the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the
right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any
other provision of the Franchise, or may terminate the Franchise.
Section 46. Renewal. Application for extension or renewal of the tenrn of this
C:1Documents and SettingslcbainbridgelLocal Settingsllemporary Internet Files101,.K2E1Eman Networks franchise
- final for second adoption 8- 8- 03.doc .
15
Franchise shall be made no sooner than one year before expiration thereof. In the event
the time period granted by this Franchise expires without being renewed by the City, the
terms and conditions hereof shall continue in effect until this Franchise is either renewed
or terminated by the City.
Section 47. Notice. Any notice or information required or permitted to be given by or
to the parties under this Franchise may be sent to the following addresses unless otherwise
specified, in writing:
1/
The City: City of Spokane Valley
Attn: City Clerk
1 1707 E. Sprague
Spokane Valley, WA 99206
With a Copy to: City of Spokane Valley
Public Works Director
11707 E. Sprague
Spokane Valley, WA 99206
Grantee: Ei\4AN Networks
Attn: Ed Jacobs
114 East Meeker
Puyallup, WA 98371
Section 48. Choice of Law. Any litigation between the City and Grantee arising
under or regarding this Franchise shall occur, if in the state courts, in the Spokane County
Superior Court, and if in the federal courts, in the United States District Court for the Eastern
District of Washington.
Section 49. Non- Waiver. The City shall be vested with the power and authority to
reasonably regulate the exercise of the privileges permitted by this Franchise in the public
interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of
this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the
City waive or limit any of its rights under this Franchise by reason of such failure or neglect.
Section 50. Entire Aereement. This Franchise constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of
Grantee to occupy the County roads as herein described.
Section 51. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City of Spokane Valley as provided by law.
C:IDocuments and Settingslcbainbridge \Local Settings \Temporary Internet Files\OLK2E1Eman Networks franchise
- final for second adoption 8- 8- 03.doc
16
ATTEST:
PASSED by the City Council this clay of August, 2003.
City Clerk, Christine Bainbridge
Approved as to Forte:
Interim City Attorney. Stanley M. Schwartz
Date of Publication:
Effective Date:
Accepted by EMAN Networks
Mayor, Michael D e lem i ng
By: Ed Jacobs, General Manager
The Grantee, EIVIAN Networks, a non - profit corporation, for itself; and for its successors
and assigns, does accept all of the terms and conditions of the foregoing franchise.
I
WITNESS WHEREOF, Ed Jacobs has signed this _ day of , 2003.
Subscribed and sworn before me this day of . 2003.
Notary Public in and for the State of \Washington,
residing in _
My commission expires
• :\Docunnents and ettings \cbainbridgeTocal SettingslTemporary Internet Fi]es\01,1K20LErnan Networks franchise
- final for second adoption 8- 8- 03.doc
17
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 8 -26 -03 City Manager Sign-off
Item: Check all that apply: consent ❑ old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Proposed Zoning Code Compliance chapter.
GOVERNING LEGISLATION: Interim Zoning Code adopted by Council prior to incorporation.
PREVIOUS COUNCIL ACTION TAKEN: This is the second touch by Council, with the first
touch being a study session 8- 19 -03.
BACKGROUND: Spokane Valley adopted the Spokane County Zoning Code as its Interim
Zoning Code prior to incorporation, with the intent of reviewing it and making changes where
appropriate to meet local demands. One of the items is Chapter 14.406, providing remedies for
the City in the event a person violates provisions of the Interim Zoning Code. The chapter, as
adopted, failed to provide adequate disincentives (civil penalties) or processes for abatement of
identified violations. This new section significantly enhances what was originally adopted, with
particular focus on abating the violations and providing the best mechanisms to be able to
secure payment of costs incurred by the City in abating violations.
The Planning Commission approved a very similar version, with changes made after their
approval relating to the City getting a judicial abatement order prior to entry onto private
property. On -going discussions with WCIA and MRSC revealed the need for such an order, so
that change was made.
At the study session on 8- 19 -03, the Council requested additional language to give the Director
authority to determine if a complaint is reliable. That language is found at 14.406.035, and
includes that the Director has no obligation to conduct a field investigation in the event the
complaint is found unreliable.
OPTIONS: Continue with the existing Interim Zoning Code compliance chapter.
RECOMMENDED ACTION OR MOTION: Motion to move the ordinance to a second reading.
BUDGET /FINANCIAL IMPACTS: Anticipated to be neutral. The revised chapter authorizes an
abatement fund, which will be funded by penalties assessed under the chapter.
STAFF CONTACT: Cary Driskell or Marina Sukup.
ATTACHMENTS: Ordinance repealing and replacing Interim Zoning Code Chapter 14.406.
DRAM ORDINANCE
CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 03-078
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REPEALING
CHAPTER 14.406 OF THE CITY OF SPOKANE VALLEY MUNICIPAL CODE AND
ESTABLISHING ZONING CODE COMPLIANCE 14.406.
WHEREAS, The City of Spokane Valley, Washington adopted a Zoning Code to regulate the
orderly development of the City of Spokane Valley; and
WHEREAS, the existing code compliance provisions, Section 14.406, does not adequately
provide the necessary processes to ensure abatement of identified code violations;
WNER.EAS, violations of the City of Spokane Valley Zoning Code pose a threat to the health,
welfare and safety of the citizens of the City of Spokane Valley, and the City of Spokane Valley desires to
address this problem; and
WHEREAS, enforcement of the City of Spokane Valley Zoning Code is within the police powers
of the City of Spokane Valley, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY,
WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Repeal. Section 14.406 of the City of Spokane Valley Zoning Code relating to
Zoning Code compliance is repealed in its entirety.
Section 2. New Zoning Code Compliance Section. The new Zoning Code Compliance
Section 14.406, as set forth in Attachment "A" to this Ordinance, is adopted.
Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality' shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance
Section 4. Effective Date. This Ordinance- shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
Draft Ordinance Zoning Code Page 1 of 2
DRAFT ORDINANCE
ATTEST:
Passed on this day of , 2003.
City Clerk, Christine Bainbridge
Approved As To Form;
Interim City Attorney, Stanley M, Schwartz
Date of Publication;
Effective Date;
Mayor, Pvlichael DeVteming
Draft Ordinance Toning Co de Page 2 of 2
Proposed staff draft Zoning Code Compliance for first reeding 8 -26 -03 — C. Driskell
8 -19 -03 with new language
14.406.005 -
14.406.010 -
14.406.015 -
14.406.020 -
14.406.025 -
14.406.030 -
14.406.035 -
14.406.050 -
14.406.060 -
14.406.070 -
14.406.080 -
1 4.406.090 -
14.406.095 -
14.406.100 -
14.406.110 -
14.406.120 -
14.406.200 -
14.406.210 -
14.406.220 -
14.406.230 -
14.406.240 -
14.406.300 -
14.406.305 -
14.406.310 -
14.406.320 -
14.406.330 -
14.406.335 -
14.406.340 -
permit.
14.406.350 -
14.406.360 -
14.406.400 -
14.406.410 -
14.406.420 -
1 4.406.430 -
14.406.500 -
14.406.520 -
14.406.530 -
14.406.540 -
14.406.550 -
14.406.560 -
14.406.570 -
14.406.580 -
14.406.590 -
Nanie and intent.
Statement of policy.
Definitions.
Relationship to Growth Management Plan.
Declaration of public nuisance — misdemeanor.
Enforcement, authority and administration.
Guidelines for departmental responses to complaints.
Initial investigation.
Procedures when probable violation is identified.
Service — citation, notice and order, and stop work order.
Training and rulemaking.
Obligations of persons responsible for code violation.
Determination of compliance.
Voluntary compliance agreement — authority.
Voluntary compliance agreement — contents.
Failure to meet terms of voluntary compliance agreement.
Citations— authority.
Citations — effect.
Citation — contents.
Citation — modification or revocation.
Citation — remedy — civil penalties.
Notice and order — authority.
Notice and order — effect.
Notice and order — contents.
Notice and order — recording.
Notice and order — supplementation, revocation, modification.
Notice and order - administrative conference.
Notice and order — remedies — suspension, revocation or limitation of
Notice and order — remedies
Notice and order — remedies
Stop work order — authorized
Stop work order — effect.
Stop work order — remedy —
Stop work order — remedy —
Civil penalties — assessment
Civil penalties — duty to com
Civil penalties — community
Civil penalties — waivers.
Civil penalties — critical area
Cost recovery.
Collection of civil penalties,
Abatement
Code compliance abatement
Chapter 14.406
Zoning Code Compliance
— denial of permit.
— abatement.
civil penalties.
criminal penalties.
schedul e.
ply
service.
s.
fees and costs.
fund — authorized.
Proposed staff draft Zoning Code Compliance for first reading 8 - - — C. Driskell
8 -19 -03 with new language
14.406.600 - Administrative appeals — standing - filing requirements.
14.406.610 - Administrative appeal — notice of hearing.
14.406.620 - Administrative appeal — procedures.
14.406.630 - Administrative appeal — final order.
14.406.640 - Judicial enforcement — petition for enforcement.
14.406.650 - Severability.
14.406.660 - Effective date.
14.406.005 — Name and intent. This chapter shall be known as "Zoning Code Compliance ".
The purpose of this chapter is to identify processes and methods to encourage compliance with
development ordinances and regulations adopted by the City of Spokane Valley to promote and
protect the general public health safety and welfare of City residents. This chapter declares
certain acts to be civil violations and establishes non -penal enforcement procedures and civil
penalties. This chapter also declares certain acts to be misdemeanors subject to prosecution by
the City.
It is the intention of the City to pursue code compliance actively and vigorously in order to
protect the health, safety and welfare of the general public. This intent is to be pursued in a way
that is consistent with adherence to, and respectful of, fundamental federal and state
constitutional principles.
While this chapter does authorize the City of Spokane Valley to take action to enforce the City
ordinances and regulations, it shall not be construed as placing responsibility for code
compliance or enforcement upon the City in any particular case, or as creating any duty on the
part of the City to any particular person or class of persons.
14.406.010 — Statement of policy. It is the policy of the City of Spokane Valley to emphasize
code compliance by education and prevention as a first step. This policy is designed to ensure
code compliance and timely action that is available to all persons and uniform in its
implementation. While warnings and voluntary compliance are desirable as a first step,
enforcement and civil penalties should be used for remedial purposes as needed to assure and
effect code compliance. Abatement or remediation should he pursued when appropriate and
feasible. Uniform and efficient procedures, with consistent application governed by regulation
should be used to accomplish this policy.
14.406.015 — Definitions.
A. "abate" means to take whatever steps are deemed necessary by the Director to ensure that
the property complies with applicable code requirements. Abatement may include, but is not
limited to, rehabilitation, demolition, removal, replacement or repair.
B. "civil code violation" means and includes an act or omission contrary to:
1. Any ordinance, resolution, regulation or public rule of the City that regulates or
protects the use and development of land or water; and/or
2. The conditions of any permit, notice and order or stop work order issued pursuant
to any such ordinance, resolution, regulation or public rule.
-2
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
C. "The City" means the City of Spokane Valley, Washington.
D. "days" will be counted as business days when five or less days are allowed to do an act
required by this Ordinance. "days" will be considered calendar days when more than five days
are allowed to do an act required by this Ordinance.
E. "determination of compliance" means a written statement from the Director or designee
that the Director has reviewed evidence to determine that the violation(s) has been sufficiently
abated as to the violation(s) stated in the voluntary compliance agreement, citation, notice and
order or stop work order.
F. "Director" means the Director of the Department of Community Development, or his or
her designee(s) authorized in writing.
G. "found in violation" means"
1. That a citation, notice and order or stop work order has been issued and not timely
appealed; or
2. That a voluntary compliance agreement has been entered into; or
3. That the Hearing Examiner has determined that the violation has occurred and
such determination has not been stayed or reversed on appeal.
H. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided
by City of Spokane Valley Ordinance number 57.
1. "mitigate" means to take measures, subject to City approval, to minimize the harnfil
effects of the violation where remediation is either impossible or unreasonably burdensome.
J. "permit" means any form of certificate, approval, registration, license or any other
written permission issued by the City. All conditions of approval, and all easements and use
limitations shown on the face of an approved final plat map which are intended to serve or
protect the general public are deemed conditions applicable to all subsequent plat property
owners, owner's tenants, and owner's agents as permit requirements enforceable under this
chapter.
K. "person" means any individual, association, partnership, corporation or legal entity,
public or private, and the agents and assigns of such individual, association, partnership,
corporation or legal entity.
L. "person responsible for a code violation" means the person who caused the violation, if
that can be determined, and /or the owner, lessor, tenant or other person entitled to control, use
and/or occupancy of the property where the civil code violation occurs.
M. "public rule" means any rule properly promulgated to implement City civil code
provisions.
3
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
. 8 -19 -03 with new language
N. "remediate" means to restore a site to a condition that complies with sensitive area or
other regulatory requirements as they existed before the violation occurred; or, for sites that have
been degraded under prior ownerships, restore to a condition which does not pose a probable
threat to the environment or to the general public health, safety or welfare.
O. "resolution" for purposes of this chapter means any resolution adopted by the City of
Spokane Valley City Council.
14.406.020 — Relationship to Growth Management Plan. This chapter is adopted as
development regulations pursuant to RCW 36.70A (Growth Management Act).
14.406.025 — Declaration of public nuisance misdemeanor.
A. All civil code violations are hereby determined to be detrimental to the general public
health, safety and welfare and are hereby declared public nuisances. All conditions determined
to be civil code violations shall be subject to and enforced pursuant to the provisions of this
chapter except where specifically excluded by law or regulation.
B. Any person who willfully or knowingly causes, aids or abets a civil code violation
pursuant to this chapter by any act of commission or omission is guilty of a misdemeanor. Upon
conviction, the person shall be punished by a fine not to exceed one thousand dollars and /or
incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such
violation continues shall be considered a separate misdemeanor offense. As an alternative, or in
addition to any other judicial or administrative remedy provided in this chapter or by law or other
regulation, the Director may recommend that the Office of the City Attorney file a misdemeanor
complaint against the person responsible for code violation when the Director has documentation
or other evidence that the violation was willful and knowing.
14.406.030 — Enforcement, authority and administration.
A. In order to discourage public nuisances and otherwise promote compliance with
applicable code provisions, the Director may, in response to field observations or reliable
complaints, determine that civil code violations have occurred or are occurring, and may:
1. Enter into voluntary compliance agreements with persons responsible for code
violations;
. 2. Issue citations and assess civil penalties as authorized by this chapter;
•
3. Issue notice and orders, assess civil penalties and recover costs as authorized by
this chapter;
4. Require abatement by means of a judicial abatement order, and if such abatement
is not timely completed by the person or persons responsible for a code violation,
undertake the abatement and charge the reasonable costs of such work as authorized by
this chapter;
4
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. nriskell
8 -19 -03 with new language
5. Allow a person responsible for the code violation to perform community service
in lieu of paying civil penalties as authorized by SVZC 14.406.530;
6. Order work stopped at a site by means of a stop work order, and if such order is
not complied with, assess civil penalties as authorized by this chapter;
7. Suspend, revoke or modify any permit previously issued by the Director or deny a
permit application as authorized by this chapter when other efforts to achieve compliance
have failed; and
S. Forward a written statement providing all relevant information relating to the
violation to the Office of City Attorney with a recommendation to prosecute willful and
knowing violations as a misdemeanor offense.
B. The procedures set forth in this title are not exclusive. These procedures shall not in any
manner limit or restrict the City from remedying civil code violations or abating civil code
violations in any other manner authorized by law.
C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the
Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices
which constitute a civil code violation.
D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the
Director may assess or recover civil penalties accruing under this chapter by legal action filed in
Spokane County District Court by the Office of the City Attorney.
E. The provisions of this chapter shall in no way adversely affect the rights of the owner,
lessee or occupant of any property to recover all costs and expenses incurred and required by this
chapter from any person causing such violation.
F. In administering the provisions for code enforcement, the Director shall have the
authority to waive any one or more such provisions so as to avoid substantial injustice by
application thereof to the acts or omissions of a public or private entity or individual, or acts or
omissions on public or private property including, for example, property belonging to public or
private utilities, where no apparent benefit has accrued to such entity or individual from a code
violation. Any determination of substantial injustice shall be made in writing supported by
appropriate facts. For purposes of this clause, substantial injustice cannot be based exclusively
on financial hardship.
C. The provisions of this chapter detailing the administration of code compliance procedures
are intended only for the purpose of providing guidance to City employees and are not
jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind
to an alleged code violation.
H. The Director may, upon presentation of proper credentials, with the consent of the owner
or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at
reasonable times any building or premises subject to the consent or warrant to perform the duties
imposed by this chapter. It is the intent of the City Council that any entry made to private
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
property for the purpose of inspection for code violations be accomplished in strict conformity
with constitutional and statutory constraints on entry, and the holdings of the relevant court cases
regarding entry. The right -of -entry authorized by this chapter shall not supersede those legal
constraints.
I. The Director or his or her representative may request that the police, appropriate fire
district, Spokane Regional Health District or other appropriate City department or other non -city
agency assist in enforcement.
14.406.035 — Guidelines for departmental responses to complaints.
A. The following guidelines should be applied by the Director, subject to resource
limitations, when responding to code compliance complaints. The timelines identified below
may be modified by Department rule, subject to council review and approval.
1. High risk investigations needing an urgent response (within 24 hours) include any
cases in which there is an imminent likelihood of or actual bodily harm, damage to public
resources or facilities, damage to real or personal property, public health exposure or
environmental damage or contamination.
2. Moderate risk investigations needing a prompt response (within 72 hours) include
cases in which there is risk of bodily harm, damage to public resources and/or facilities,
damage to real or personal property, or environmental damage or contamination.
3. Low risk investigations needing response as time permits (within 14 days of
violation being identified by code compliance staff) including cases where the violation is
non - emergent, does not fit within the high risk or moderate risk categories and has only
minor public impacts.
B. The response times set out in this chapter are not jurisdictional, and failure to meet them
in any particular case shall not affect the City's authority to enforce City code provisions with
regard to that case.
C. The Director is authorized to determine. based upon past complaints regardine a property.
subsequent field investigations. and other relevant criteria, whether a complaint is reliable. If the
Director determines a complaint is not reliable, the Director is not obligated to conduct a field
investi gati on.
14.406.050 — Initial investigation. This chapter sets forth guidelines for more specific
procedures to be used by the Director in implementing this chapter. The guidelines set forth in
this chapter are not jurisdictional, and failure to meet them m any particular case shall not affect
the City's authority to enforce City code provisions with regard to .that case.
A. Field verification. Except in emergencies and for low risk case complaints, field
verification should be made if possible prior to, concurrent with, or shortly after notifying the
person responsible for the code violation or alleged code violation. Low risk case complaints
should he acknowledged by sending a letter to the person(s) responsible for the code violation.
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
The letter should state that a violation may have occurred, but has not been verified, and should
ask the recipient to contact the person issuing the letter.
B. Advising interested parties of receipt of complaint and /or field investigation.
1. The person responsible for the code violation should be advised of any complaint
by personal contact; phone; posting and mail (return receipt requested).
2. The complainant should be contacted by phone, and if possible, in person during
the field visit.
C. The Director will record all violations in a database system, including a list of all actions
taken on the complaint.
D. To the extent possible, the Department shall check its own records and the records of
other agencies for previous violations on the site of the alleged violation or by the owner or
occupant of the site or such other person as may be responsible for the code violation.
E. Staff undertaking field investigations shall comply with the provisions of this chapter
regarding right of entry.
14.406.060 — Procedures when probable violation is identified
A. The Director shall determine, based upon information derived from sources such as field
observations, the statements of witnesses, relevant documents and data systems for tracking
violations and applicable City codes, whether or not a violation has occurred. As soon as the
Director has reasonable cause to determine that a violation has occurred, he or she shall
document the violation and promptly notify the person(s) responsible for the code violation.
B. Except as provided in subsection D, a warning shall be issued verbally or in writing
promptly when a field inspection reveals a violation, or as soon as the Director otherwise
determines a violation has occurred. The warning shall inform the person determined to be
responsible for a code violation of the violation and allow the person an opportunity to correct it
or enter into a voluntary compliance agreemcatt as provided for by this chapter. Verbal warnings
shall be logged and followed up with a written warning within five (5) days, and the site shall be
re- inspected within fourteen (14) days. _
C. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases
that are already subject to a voluntary compliance agreement, cases where the violation creates
or has created a situation or condition that is not likely to be corrected within seventy -two (72)
hours, cases where a stop work order is necessary, or when the person responsible for the code
violation knows, or reasonably should have known that the action was a civil code violation.
la. Citations may be issued in moderate and low risk ca es, provided that the Director
determines it is probable that the violation can likely be fully corrected in a short period of time.
E. Notice and orders should be issued in all high risk cases in which a voluntary compliance
agreement has not been entered into within two (2) days of notification by the Director. Notice
7
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language.
and orders may be issued in moderate and low risk cases where the Director determines that the
violation is unlikely to be fully corrected in a short period of time.
F. The Director shall use all reasonable means to determine and cite the person actually
responsible for the code violation occurring when the property owner has not directly or
indirectly caused the violation.
G. If the violation is not corrected, or a voluntary compliance agreement • is not achieved
within fifteen (15) days of notification by the Director, a notice and order or stop work order
should be issued. Citations should be issued within fifteen (15) days from receipt of a complaint.
Notice and orders should be issued within twenty (20) days from receipt of a complaint. Stop
work orders should be issued promptly upon discovery of a violation in progress.
H. All complainants will be asked by staff at the time the complaint is filed whether they
wish to be kept advised of enforcement efforts. Any complainant who provides a mailing
address and requests to be kept advised of enforcement efforts should be mailed a copy of all
written warnings, voluntary compliance agreements, citations, notice and orders, stop work
orders and notices of settlement conferences issued by the Director with regard to the alleged
violation. Any complainant may appeal a determination of code compliance issued by the
Director pursuant to SVZC 14.406.095.
14.406.070 — Service — citation, notice and order, and stop work order.
A. Service of a citation or notice and order shall be made on a person responsible for code
violation by one or more of the following methods:
1. Personal service of a citation or notice and order may be made on the person
identified by the Department as being responsible for the code violation, or by leaving a
copy of the citation or notice and order at the person's house of usual abode with a person
of suitable age and discretion who resides there;
2. Service directed to the landowner and/or occupant of the property may be made
by posting the citation or notice and order in a conspicuous place on the property where
the violation occurred and concurrently mailing notice as provided for below, if a mailing
address is available;
3. Service by mail may be made for a citation or a notice and order by mailing two
copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to
the person responsible for the code violation at his or her last known address, at the
address of the violation, or at the address of the place of business of the person
responsible for the code violation. The taxpayer's address as shown on the tax records of
Spokane County shall be deemed to be the proper address for the purpose of mailing such
notice to the landowner of the property where the violation occurred. Service by mail
shall be presumed effective upon the third business day following the day upon which the
citation or notice and order was placed in the mail.
B. For notice and orders only, when the address of the person responsible for the code
violation cannot be reasonably determined, service may be made by publication once in the
8
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
City's newspaper of record. Service by publication shall conform to the requirements of Civil
Rule 4 of the Rules for Superior Court.
C. Service of a stop work order on a person responsible for a code violation may be made by
posting the stop work order in a conspicuous place on the property where the violation occurred
or by serving the stop work order in any other manner permitted by this chapter.
D. The failure of the Director to make or attempt service on any person named in the
citation, notice and order or stop work order shall not invalidate any proceedings as to any other
person duly served.
14.406.080 — Training and rulemaking.
A. hi order to ensure strict conformity with the constraints on entry imposed by state and
federal law, and to ensure that City employees deal with the public in a manner which respects
the rights of private property owners, the Director shall develop and adopt internal procedures,
protocols and training programs governing the conduct of searches by compliance officers.
B. The Director shall adopt procedures to implement the provisions of this chapter, and
specifically the guidelines set out in this chapter describing reasonable and appropriate protocols
for investigating code violations.
14.406.090 — Obligations of persons responsible for code violation.
A. It shall be the responsibility of any person identified as responsible for code a violation to
bring the property into a safe and reasonable condition to achieve code compliance. Payment of
civil penalties, applications for permits, acknowledgement of stop work orders and compliance
with other remedies does not substitute for performing the corrective work required and having
the property brought into compliance to the extent reasonably possible under the circumstances.
B. Persons determined to be responsible for a code violation pursuant to a citation or notice
and order shah be liable for the payment of any civil penalties and abatement costs, provided
however, that if a property owner affirmatively demonstrates that the action which resulted in the
violation was taken without the owner's knowledge or consent by someone other than the owner
or someone acting on the owner's behalf, that owner shall be responsible only for bringing the
property into compliance to the extent reasonably feasible under the circumstances. Should the
owner not correct the violation, only those abatement costs necessary to bring the property into a
safe and reasonable condition, as determined by the Director, shall be assessed by the City. No
civil penalties shall be assessed against such an owner or his or her property interest.
14.406.095 — Determination of compliance. After issuance of a warning, citation, voluntary
compliance agreement, citation, notice and order, or stop work order, and after the person(s)
responsible for a code violation have come into zoning code compliance to the satisfaction of the
Director, the Director shall issue a written determination of compliance. The Director shall mail
copies of the determination of compliance to each person originally named in the warning,
voluntary compliance agreement, 'citation, notice and order, or stop work order, as well as the
complainant, by certified mail, five -day return receipt requested.
9
Proposed staff draft Zoning Cocle Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
14.406.100 — Voluntary compliance agreement — authority.
A. Whenever the Director determines that a code violation has occurred or is occurring, the
Director shall make reasonable efforts to secure voluntary compliance from the person
responsible for the code violation. Upon contacting the person responsible for the code
violation, the Director may enter into a voluntary compliance agreement as provided for in this
chapter.
B. A voluntary compliance agreement may be entered into at any time after issuance of a
verbal or written warning, a citation, notice and order or a stop work order and before an appeal
is decided pursuant to SVZC 14.406.630.
C. Upon entering into a voluntary compliance agreement, a person responsible for a code
violation waives the right to administratively appeal, and thereby admits that the conditions
described in the voluntary compliance agreement existed and constituted a civil code violation.
D. The voluntary compliance agreement shall incorporate the shortest reasonable time
period for compliance, as determined by the Director. An extension of the time limit for
compliance, or a modification of the required corrective action may be granted by the Director if
the person responsible for the code violation has shown due diligence or substantial progress in
correcting the violation, but circumstances render full and timely compliance under the original
conditions unattainable. Any such extension or modification must be in writing and signed by
the Director and person(s) who signed the ori voluntary compliance agreement.
E. The voluntary compliance agreement is not a settlement agreement.
14.406.110 — Voluntary compliance agreement contents.
A. The voluntary compliance agreement is a written, signed commitment by the person(s)
responsible for a code violation in which such person(s) agrees to abate the violation, rernediate
the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall
include the following:
1. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of
the date or time by which compliance must be completed;
5. The amount of the civil penalty that will be imposed pursuant to SVZC
14.406.500 if the voluntary agreement is not satisfied;
6. An acknowledgement that if the Director determines that the terms of the
voluntary compliance agreement are not met, the City may, without issuing a citation,
- 10-
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
_8- 19 -03' with new language
notice and order or stop work order, impose any remedy authorized by this chapter, enter
the real property and perform abatement of the violation by the City, assess the costs
incurred by the City to pursue code compliance and to abate the violation, including
reasonable legal fees and costs, and the suspension, revocation or limitation of a
development permit obtained or to be sought by the person responsible for the code
violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee
or cost is not paid, the Director may charge the unpaid amount as a lien against the
property where the civil code violation occurred if owned by the person responsible for
the code violation, and that the unpaid amount may be a joint and several personal
obligation of all persons responsible for the code violation;
8. An acknowledgement that by entering into the voluntary compliance agreement,
the person responsible for the code violation thereby admits that the conditions described
in the voluntary compliance agreement existed and constituted a civil code violation; and
9. An acknowledgement that the person responsible for the code violation
'understands that he or she has the right to be served with a citation, notice and order, or
stop work order for any violation identified in the voluntary compliance agreement, has
the right to adnii.nistratively appeal any such citation, notice and order, or stop work
order, and that he or she is knowingly, voluntarily and intelligently waiving those rights.
14.406.120 — Failure to meet terms of voluntary compliance agreement.
A. If the terms of the voluntary compliance agreement are not completely met, and an
extension of time has not been granted, the Director may enter the real property and abate the
violation without seeking a judicial abatement order. The person responsible for code
compliance may, without being issued a citation, notice and order, or stop work order, be
assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue
code compliance and to abate the violation, and may be subject to other remedies authorized by
this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from
the date that an appeal of any preceding citation, notice and order, or stop work order was to
have been filed or from the date the voluntary compliance agreement was entered into if there
was not preceding citation, notice and order, or stop work order.
B. The Director may issue a citation, notice and order, or stop work order for failure to meet
the terns of a voluntary compliance agreement.
14.406.200 — Citations — authority. Whenever the Director has determined, based upon
investigation of documents and /or physical evidence, that a civil code violation has occurred, the
Director may issue a citation to any person responsible for code violation. The Director shall
make a determination whether or not to issue a citation within fifteen (15) days of receiving a
complaint alleging a violation or otherwise discovering that a violation may potentially exist.
Subsequent complaints shall be treated as new complaints for purposes of this chapter.
However, such subsequent complaints shall not constitute a separate violation to which the
penalties of tliis chapter apply.
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
14.406.210 — Citations — effect.
A. A citation represents a determination that a civil code violation has occurred and that the
cited party is a person responsible for a code violation.
B. A citation subjects the person responsible for a code violation to the civil penalties
prescribed by SVZC 14.406.500.
C. The person responsible for a code violation shall either pay the civil penalties assessed
within twenty (20) days of the date of issuance of the citation, or appeal the citation according to
the procedures described in SVZC 14.406.600 -630.
D. Failure to appeal the citation within twenty (20) days shall render the citation a final
determination that the conditions described in the citation existed and constituted a civil code
violation, and that the cited party is liable as a person responsible for a code violation.
E. Imposition of a civil penalty creates a joint and several personal obligation in all persons
responsible for a code violation who are served with notice of the violation. The Office of the
City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed
by any appropriate legal means.
F. Issuance of a citation in no way limits the Director's authority to issue a notice and order
or stop work order to any person responsible for a code violation pursuant to this chapter.
14.406.220 — Citation — contents. The citation shall include all of the following information:
A. The address, when available, or location of the civil code violation;
B. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly used
locators;
C. A statement that the Director has found the named person(s) to have committed a civil
code violation and a brief description of the violation(s) found;
D. A statement of the specific ordinance, resolution, regulation, public rule, permit
condition, notice and order provision or stop work order provision that was or is being violated;
E. A statement that the citation represents a determination that a civil code violation has
occurred and that the cited party is subject to a civil penalty;
F. A statement of the amount of the civil penalty assessed, that payment of the civil
penalties assessed under this chapter does not relieve a person found to be responsible for a code
violation of his or her duty to correct the violation and/or to pay any and all civil penalties or
other cost assessments issued pursuant to this chapter, and that the penalty must be paid within
twenty (20) days, if not appealed pursuant to SVZC 14.406.600 -630;
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
F. A statement of the corrective or abatement action required to be taken and that all
required permits to perform the corrective action must be obtained from the proper issuing
agency;
G. A statement advising that any person named in the citation, or having any record or
equitable title in the property against which the citation is issued may appeal from the citation to
the Hearing Examiner within twenty (20) days of the date of service of the citation;
H. A statement advising that a failure to appeal the citation within twenty (20) days renders
the citation a final determination that the conditions described in the citation existed and
constituted a civil code violation, and that the named party is liable as a person responsible for a
code violation; and
I. A statement advising that a willful and knowing violation may be referred to the Office
of the City Attorney for prosecution pursuant to SVZC 14.406.025.
14.406.230 — Citation — modification or revocation.
A. The Director may add to, revoke in whole or in part, or otherwise modify a citation by
issuing a written supplemental citation. The supplemental citation shall be governed by the same
procedures and time limits applicable to all citations contained in this chapter.
B. The Director may issue a supplemental citation, or revoke a citation issued under this
chapter:
1. if the original citation was issued in error;
2. whenever there is new information or change of circumstances; or
3. if a party to a citation was incorrectly named.
C. Such revocation or modification shall identify the reasons and underlying facts for
modification or revocation, and shall be served on the person responsible for a code violation in
conformity with this chapter.
14.406.240 — Citation — remedy — civil penalties. A citation shall carry a civil penalty to be
determined with reference to the schedule contained in SVZC 14.406.500.
14.406.300 — Notice and order — authority. \Vhen the Director has reason to believe, based on
investigation of documents and/or physical evidence, that a code violation exists or has occurred,
or that the civil code violations cited in a citation have not been corrected, or that the terms of a
voluntary compliance agreement have not been met, the Director is authorized to issue a notice
and order to any person responsible for a code violation. The Director shall make a
determination whether or not to issue a notice and order within twenty (20) days of receiving a
complaint alleging a violation or otherwise discovering that a violation may potentially exist, or
within ten (10) days of the end of a voluntary compliance agreement time period which has not
been met. Subsequent complaints shall be treated as new complaints for the purposes of this
chapter. Issuance of a citation is not a condition precedent to the issuance of a notice and order.
- 13 -
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
14..406.305 — Notice and order — effect.
A. A notice and order represents a determination that a civil code violation has occurred,
that the cited party is a person responsible for a code violation, and that the violations set out in
the notice and order require the assessment of penalties and other remedies that may be specified
in the notice and order.
B. Upon a determination by the Director that a civil code violation has occurred pursuant to
a notice and order, the Director is authorized to impose appropriate civil penalties pursuant to
SVZC 14A06.500 - 580.
C. Any person identified in the notice and order as responsible for a code violation may
appeal the notice and order within twenty (20) days according to the procedures described in
SVZC 14.406.600 -630.
D. Failure to appeal the notice and order within the applicable time limits shall render the
notice and order a final determination that the conditions described in the notice and order
existed and constituted a civil code violation, and that the named party is liable as a person
responsible for a code violation.
F. Issuance of a notice and order in no way limits a Director's authority to issue a citation or
stop work order to a person previously cited through the notice and order process pursuant to this
chapter.
14.406.310 — Notice and order — contents. The notice and order shall contain the following
information:
A. The address, when available, or location of the civil code violation;
B. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly used
locators;
C. A statement that the Director has found the named person(s) to have committed a civil
code violation and a brief description of the violation(s) found;
D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule,
permit condition, notice and order provision or stop work order that was or is being violated;
F. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within twenty (20)
days of service of the notice and order;
F. 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;
Proposed staff draft Zoning Code Compliance for first reading 5 -26 -03 — C. Driskell
8 -19 -03 with new language •
G. A statement that payment of the civil penalties assessed under this chapter does not
relieve a person found to be responsible for a code violation of his or her duty to correct the
violation and /or to pay any and all civil penalties or other cost assessments issued pursuant to
this chapter;
H. A statement advising that the notice and order will be recorded against the property in the
Spokane County Auditor's Office subsequent to service;
I. A statement of the corrective or abatement action required to be taken and that all
required permits to perform the corrective action must be obtained from the proper issuing
agency;
J. A statement advising that, if any required work is not commenced or completed within
the time specified by the notice and order, the Director may proceed to seek a judicial abatement
order from Spokane County Superior Court to abate the violation pursuant to SVZC 14.406.580;
K. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the
due date, the Director may charge the unpaid amount as a lien against the property where the
civil code violation occurred if owned by a person responsible for a code violation, and as a joint
and several personal obligation of all persons responsible for a code violation;
L. A statement advising that any person named in the notice and order, or having any record
or equitable title in the property against which the notice and order is recorded may appeal from
the notice and order to the Hearing Examiner within twenty (20) days of the date of service of
the notice and order;
M. A statement advising that a failure to correct the violations cited in the notice and order
could lead to the denial of subsequent Spokane Valley permit applications on the subject
property;
N. A statement advising that a failure to appeal the notice and order within the applicable
time limits renders the notice and order a final determination that the conditions described in the
notice and order existed and constituted a civil code violation, and that the named party is liable
as a person responsible for a code violation; and
O. A statement advising the person responsible for a code violation of his/her duty to notify
the Director of any actions taken to achieve compliance with the notice and order.
P. A statement advising that a willful and knowing violation may be referred to the Office
of the City Attorney for prosecution pursuant to SVZC 14.406.025. -
14.406.320 — Notice and order — recording.
A. When a notice and order is served on a person responsible for a code violation, the
Director shall file a copy of the same with the Spokane County Auditor's Office.
B. When all violations specified in the notice and order have been corrected or abated to the
satisfaction of the Director, the Director shall file a certificate of compliance with the Spokane
- 15.-
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19-03 with new language
County Auditor's Office within five days of receiving evidence of abatement. The certificate
shall include a legal description of the property where the violation occurred and shall state
whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so,
shall continue as liens on the property.
C. After all liens have been satisfied, the Director shall file a notice of satisfaction of lien
with the Spokane County Auditor's Office within five days of final payment to City.
14.406.330 — Notice and order — supplementation, revocation, modification.
A. The Director may add to, revoke in whole or in part, or otherwise modify a notice and
order by issuing a written supplemental notice and order. The supplemental notice and order
shall be governed by the same procedures and time limits applicable to all notice and orders
contained in this chapter.
13. The Director may issue a supplemental notice and order, or revoke a notice and order
issued under this chapter:
1. If the original notice and order was issued in error;
2. Whenever there is new information or change of circumstances; or
3. if a party to an order was incorrectly named.
C. Such revocation or modification shall identify the reasons and underlying facts for
modification or revocation, and shall be filed with the Spokane County Auditor's Office.
14.406.335 — Notice and order - administrative conference. An informal administrative
conference may be conducted by the Director at any time for the purpose of facilitating
communication among concerned persons and providing a forum for efficient resolution of any
violation. Interested parties shall not unreasonably be excluded from such conferences.
14.406.340 —Notice and order — remedies — suspension, revocation or limitation of permit.
A. The Director may suspend, revoke or modify any permit issued by such Director
whenever:
1. The permit holder has committed a code violation in the course of performing
activities subject to that permit;
2. The permit holder has interfered with the Director in the performance of his or her
duties related to that permit;
3. The permit was issued in error or on the basis of materially incorrect information
supplied to the City;
4. Permit fees or costs were paid to the City by check and returned from a financial
institution marked non - sufficient funds (NSF) or canceled; or
- 16-
rTh
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
5. for a permit or approval that is subject to sensitive area review, the applicant has
failed to disclose a change of circumstances on the development proposal site which
materially affects an applicant's ability to mat the permit or approval conditions, or
which makes inaccurate the sensitive area study that was the basis for establishing permit
or approval conditions.
13. Such suspension, revocation, or modification shall be carried out through the notice and
order provisions of this chapter and shall be effective upon the compliance date established by
the notice and order. Such suspension, revocation or modification may be appealed to the
Hearing Examiner using the appeal provisions of this chapter.
C. Notwithstanding any other provision of this chapter, the Director may immediately
suspend operations under any permit by issuing a stop work order pursuant to SVZC 14.406.400-
430.
14.406.350 — Notice and order — remedies — denial of permit.
A. The City may deny a development proposal permit when, with regard to the site or
project for which the permit is submitted:
1. Any person owning the property or submitting the development proposal has been
found in violation of any ordinance, resolution, regulation or public rule of the City that
regulates or protects the public health, safety and welfare, or the use and development of
land and water; and /or
2. Any person owning the property or submitting the development proposal has been
found in violation and remains in violation of the conditions of any permit, notice and
order or stop work order issued pursuant to any such ordinance, resolution, regulation or
public rule; and /or
13. In order to further the remedial purposes of this chapter, such denial may continue until
the violation is cured by restoration accepted as complete by the City and by payment of any
civil penalty imposed for the violation, except that permits or approvals shall be granted to the
extent necessary to accomplish any required restoration or cure.
14.406.360 — Notice and order — remedies — abatement. In addition, or as an alternative, to
any other judicial or administrative remedy, the Director may use the notice and order provisions
of this chapter to order any person responsible for a code violation to abate the violation and to
complete the work at such time and under such conditions as the Director determines reasonable
under the circumstances. If the required corrective work is not commenced or completed within
the time specified, the Director may seek a judicial abatement order pursuant to this chapter.
14.406.400 — Stop work order — authorized. The Director is authorized to issue a stop work
order to a person responsible for a code violation. Issuance of a citation or notice and order is
not a condition precedent to the issuance of the stop work order.
14.406.410 — Stop work order — effect.
- 17 -
1. Citations
S250
2. Notice and orders and stop work orders
a. basic initial penalty
5500
b. additional initial penalties may be added where there is:
. 1. public health risk — amount depends on severity
$0 -2,500
$0 -2,500
2. environmental damage - amount depends on severity
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskcll
8 -19 -03 with new language
A. A stop work order represents a determination that a civil code violation has occurred or is
occurring, and that any work or activity that caused, is causing or contributing to the violation on
the property where the violation has occurred, or is occurring, must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on
the named property. Work activity may not resume unless specifically authorized in writing by
the Director.
C. A stop work order may be appealed according to the procedures prescribed by SVZC
14.406.600 -630.
D. Failure to appeal the stop work order within twenty (20) days renders the stop work order
a final determination that the civil code violation occurred and that work was properly ordered to
cease.
E. A stop work order may be enforced by the City Police.
14.406.420 — Stop work order — remedy — civil penalties.
A. In addition to any other judicial or administrative remedy, the Director may assess civil
penalties for the violation of any stop work order according to the civil penalty schedule
established in SVZC 14.406.500.
B. Civil penalties for the violation of any stop work order shall begin to accrue on the first
day the stop work order is violated, and shall cease accruing on the day the work is actually
stopped.
C. Violation of a stop work order shall be a separate violation from any other civil code
violation.
14.406.430 — Stop work order — remedy — criminal penalties. In addition to any other judicial
or administrative remedy, the Director may forward to the Office of City Attorney a detailed
factual background of the alleged violation with a recommendation that a misdemeanor charge
be filed against the person(s) responsible for any willful violation of a stop work order.
14.406.500 — Civil penalties — assessment schedule.
A. Civil penalties for civil code violations shall be imposed for remedial purposes and shall
be assessed for each violation identified in a citation, notice and order or stop work order,
pursuant to the following schedule:
- 18 -
3. damage to property - amount depends on severity
S0-2,500
$0 -1,000
$0 -5,000
4. history of similar violations (less than three)
5. history of similar violations (three or more)
6. economic benefit to person responsible for violation
$0 -5,000
c. the above penalties may be offset by the following compliance
$0 -1,500
1. full compliance with a voluntary compliance agreement
with srior histo r of 0 -1 similar violations
2. full compliance with a voluntary compliance agreement
and a history of two or more prior similar violations
$0 -250
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
_ _ I1{ tvrth nr.W
8. The total initial penalties assessed for notice and orders and stop work orders pursuant to
this chapter shall apply for the first thirty day period following issuance of the order, unless
another time period is specified in a voluntary compliance agreement. If a voluntary compliance
agreement is not entered into within that time period, and no appeal is filed, the penalties for the
next fifteen day period shall be one hundred fifty percent (150 %) of the initial penalties, and the
penalties for the next fifteen day period shall be two hundred percent (200 %) the amount of the
initial penalties. The intent of this subsection is to increase penalties beyond the maximum
penalties stated in SVZC 14.406.500(A) as an additional means to achieve timely compliance.
C. Citations shall be subject to a one-time penalty per violation. The Director retains
authority to issue a subsequent notice and order or stop work order for continued non-
compliance. hi that event, additional penalties shall be imposed.
D. Civil penalties shall be paid within twenty (20) days of service of the citation, notice and
order or stop work order if not appealed. Payment of the civil penalties assessed under this
chapter does not relieve a person found to be responsible for a code violation of his or her duty to
correct the violation and /or to pay any and all civil penalties or other cost assessments issued
pursuant to this chapter.
E. The Director may suspend civil penalties pursuant to SVZC 14.406.500(A)(c) if the
person responsible for a code violation has entered into a voluntary compliance agreement.
Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance
agreement if any necessary permits applied for are denied, canceled or not pursued, or if
corrective action identified in the voluntary compliance agreement is not completed as specified.
F. Civil penalties assessed create a joint and several personal obligation in all persons
responsible for a code violation.
G. In addition to, or in lieu of any other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County Auditor to claim a lien against
the real property for the civil penalties assessed under this chapter if the violation was reasonably
related to the real property. Any such lien can be filed under this chapter if, after the expiration
of thirty (30) days from when a person responsible for a code violation receives the citation,
notice and order or stop work order (excluding any appeal) any civil penalties remain unpaid in
1 whole or in part.
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
14.406.520 - Civil penalties — duty to comply. Persons responsible for a code violation have a
duty to notify the Director in writing of any actions taken to achieve compliance with the notice
and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until
the person responsible for a code violation has come into compliance with the notice and order,
voluntary compliance agreement, or stop work order, and has provided sufficient evidence of
such compliance.
14.406.530 - Civil penalties — community service. The Director is authorized to allow a person
responsible for a code violation who accumulates civil penalties as a result of a citation, notice
and order, or for failure to comply with the terms of a voluntary compliance agreement, to
voluntarily participate in community service projects in lieu of paying all or a portion of the
assessed civil penalties. Community service may include, but is not limited to, abatement,
restoration or education programs designed to clean up the City. The amount of community
service will reasonably relate to the comparable value of penalties assessed against the violator.
The rate at which civil penalties are worked off under this subsection is S 10.00 per hour. The
Director shall take into consideration the severity of the violation, any history cf previous
violations and practical and legal impediments in considering whether to allow community
service in lieu of paying penalties.
14.406.540 - Civil penalties — waivers.
A. Civil penalties may be waived or reimbursed to the payor by the Director under the
following circumstances:
1. The citation, notice and order or stop work order was issued in error; or
2. The civil penalties were assessed in error; or
3. Notice failed to reach the property owner due to unusual circumstances; or
4. New, material information warranting waiver has been presented to the Director
since the citation, notice and order or stop work order was issued.
B. The Director shall state in writing the basis for a decision to waive penalties, and such
statement shall become part of the public record unless privileged.
14.406.550 - Civil penalties — critical areas.
A. The code compliance provisions for critical areas are intended to protect critical areas and
the general public from harm, to meet the requirements of RCW 36.70A (the Growth
Management Act), and to further the remedial purposes of this chapter. To achieve this, persons
responsible for a code violation will not only be required to restore damaged critical areas,
insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the
redress of ecological, recreation, and economic values lost or damaged due to their unlawful
action.
B. The provisions of SVZC 14.406.550 are in addition to, and not in lieu of, any other
penalty, sanction or right of action provided by law for other related violations.
- 20 -
C'
Proposed staff draft . Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language
C. Where feasible, the owner of the land on which the violation occurred shall be named as
a party to the notice and order. In addition to any other persons who may be liable for a
violation, and subject to the exceptions provided in SVZC 14.406.090, the owner shall be jointly
and severally liable for the restoration of a site and payment of any civil penalties imposed.
D. For the purposes of SVZC 14.406.550, violation of the critical area ordinance means:
1. The violation of any provision of City Ordinance number 49 (Interim Critical
Areas Ordinance), or of the administrative rules promulgated thereunder. Ordinance
number 49 adopted Spokane County Code, chapter 11.20, as its interim critical areas
regulations;
2. The failure to obtain a permit required for work in a critical area; or
3. The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat restriction
or binding assurance, or any notice and order, stop work order, mitigation plan, contract
or agreement issued or concluded pursuant to the above- mentioned provisions.
E. Any person in violation of the critical areas ordinance may be subject to civil penalties,
costs and fees as follows:
1. According to the civil penalty schedule under SVZC 14.406.500, provided that
the exact amount of the penalty per violation shall be determined by the Director based
on the physical extent and severity of the violation; or
2. The greater of:
14.406.560 - Cost recovery.
a. an amount determined to be equivalent to the economic benefit that
the person responsible for a code violation derives from the
violation, measured as the total of:
1) the resulting increase in market value of the property;
2) the value received by the person responsible for a code violation;
3) the savings of construction costs realized by the person responsible
for a code violation as a result of performing any act in violation of
the critical area ordinance; or
b. code compliance costs (such amount not to exceed S25,000) incurred by
the city to enforce City Ordinance number 49 (Interim Critical Areas
Ordinance) against the person responsible for a code violation.
A. 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
Proposed staff draft Zoning Code Compliance for first reading 8 -26 -03 — C. Driskell
8 -19 -03 with new language .
abatement incurred to correct a code violation to the person responsible for a code violation.
These charges include:
1. Reasonable legal fees and costs. For purposes of SVZC 14.406, "reasonable legal
fees and costs" shall include, but is not limited to legal personnel costs, both direct and indirect,
incurred to enforce the provisions of this chapter; and
2. Administrative personnel costs. For purposes of SVZC 14.406, "administrative
personnel costs" shall include, but are not limited to administrative employee costs, both direct
and indirect, incurred to enforce the provisions of this chapter; and
3. Abatement costs. The Director shall keep an itemized account of costs incurred
by the City in the abatement of a violation under this chapter. Upon completion of any
abatement work, the Director shall prepare a report specifying a legal description of the real
property where the abatement work occurred, the work done for each property, the itemized costs
of the work, and interest accrued; and
4. Actual expenses and costs of the City in preparing notices, specifications and
contracts; in accomplishing or contracting and inspecting the work; and the costs of any required
printing, mailing or court filing fees.
B. Such costs are due and payable thirty (30) days from mailing of the invoice.
C. All costs assessed by the City in pursuing code compliance and/or abatement create a
joint and several personal obligation in all persons responsible for a code violation. The Office
of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by
any appropriate legal means.
D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the
City may, after abating a code violation pursuant to this chapter, file for record with the Spokane
County Auditor to claim a lien against the real property for the assessed costs identified in this
chapter if the violation was reasonably related to the real property. Such a lien shall be
substantially in accordance with the provision regarding mechanic's liens in RCVS' 60.04, and
said lien shall be foreclosed in the same manner as such liens.
E. Any lien filed shall be subordinate to all previously existing special assessment liens
imposed on the same property and shall be superior to all other liens, except for state and county
taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to
be filed for record within ninety (90) days from the later of the date that the monetary penalty is due
or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient
information regarding the notice of violation, a description of the property to be charged with the
lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from
time to time to reflect changed conditions. Any such lien shall bind the affected property for the
period as provided for by state law.
14.406.570 — Collection of civil penalties, fees and costs. The Director may use the services of
a collection agency in order to collect any civil penalties, fees, costs. and/or interest owing under
this chapter.
- 22 -
B
Proposed staff draft Zoning Code Compliance. for first reading 8 -26-03 — C. Driskell
8-19-03 with new language
14.406.580 - Abatement.
A. Emergency Abatement: Whenever a condition, the continued existence of which constitutes
an immediate threat to the public health, safety or welfare or to the environment, is found to exist,
the City may summarily and without prior notice abate the condition. Notice of such abatement,
including the reason for it, shall be given to the person responsible for the violation as soon as
reasonably possible after the abatement.
13. Judicial Abatement: The City may seek a judicial abatement order from Spokane County
Superior Court, as deemed necessary, to abate a condition which continues to be a violation of the
Spokane Valley Zoning Code where other methods of remedial action have failed to produce
compli ance.
C. The City shall seek to recover the costs of abatement as authorized by this chapter.
14.406.590 - Code compliance abatement fund — authorized.
A. All monies collected from the assessment of civil penalties and for abatement costs and
work shall be allocated to support expenditures for abatement, and shall be accounted for
through either creation of an account in the fund for such abatement costs, or other appropriate
accounting mechanism.
Funds needed to abate a violation by the City shall be obtained from the abatement fund.
14.406.600 - Administrative appeals — standing - filing requirements.
A. Any person issued a citation or named in a notice and order or stop work order, and any
owner of the land where the violation for which a citation, notice and order or stop work order is
issued occurred, may file a notice of appeal of the following:
1. citation;
2. notice and order;
3. stop work order;
B. A complainant who requests to be kept advised pursuant to SVZC 14.406.060(I) may
appeal a determination of compliance by the Director.
C. A person that does not meet the requirements of SVZC 14.406.600(A) or (13) does not
have standing to appeal under this chapter.
D. 'Any person filing an appeal under this chapter who was issued a citation or order, or is
the owner of the land where the violation occurred, shall do so by obtaining the appeal fonrt from
the Director and filing the completed appeal form with the Director within twenty (20) days of
service of the citation, notice and order or stop work order. A complainant who appeals the
determination of compliance by the Director must file any such appeal within twenty (20) days
of service of the determination of compliance.
Proposed staff draft Zoning Code Compliance for first reading 8 -26-03 — C. Driskell
8 -19 -03 with new language
E. Any administrative appeal considered under this chapter will be determined by the
Hearings Examiner pursuant to Spokane Valley Ordinance 57, unless in conflict with specific
provisions of this chapter, in which case the specific provisions of this chapter shall control.
14.406.610 — Administrative appeal — notice of hearing. Upon receipt of a notice of appeal,
the City shall provide a hearing notice stating the time, location and date of the hearing on the
issues identified on the violation, notice and order or stop work order. The City shall mail this
notice by certified mail, five -day return receipt requested, to the person(s) responsible for a
violation.
14.406.620 - Administrative appeal — procedures.
A. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57
as adopted or hereafter amended.
B. Enforcement of any notice and order of the Director issued pursuant to this chapter shall
be stayed as to the appealing party during the pendency of any administrative appeal under this
chapter, except when the Director determines that the violation poses a significant threat of
immediate and/or irreparable harm and so states in any notice and order issued.
C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed
during the pendency of any administrative appeal under this title.
D. When multiple citations, notices and order or stop work orders have been issued
simultaneously for any set of facts constituting a violation, only one appeal of all the
enforcement actions shall be allowed.
14.406.630 — Administrative appeal — final order.
A. Following review of the evidence submitted, the Hearing Examiner shall issue a written
order containing findings and conclusions, and shall affirm or modify the citation, notice and
order or stop work order previously issued if the Hearing Examiner finds that a violation has
occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the
examiner finds that no violation occurred.
B. If an owner of property where the violation has occurred has affirmatively demonstrated
that the violation was caused by another person or entity not the agent of the property owner and
without the owner's knowledge or consent, such property owner shall be responsible only for
abatement of the violation. Strict compliance with permit requirements may be waived regarding
the perfomiance of such abatement in order to avoid doing substantial injustice to a non - culpable
property owner.
C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for
review of the decision are properly commenced in Spokane County Superior Court within the
time period specified by applicable state law.
D. A final order by the Hearing Examiner affirming, revoking or modifying a citation, notice
and order or stop work order is a final decision.
- 24 -
rTh 14.406.640 - Judicial enforcement— petition for enforcement.
�.1
Proposed staff draft Zoning Code Compliance for first reading 8-26 -03 — C. Driskell
8 -19 -03 with new language
A. In addition to any other judicial or administrative remedy, the Office of the City
Attorney, on behalf of. the City, may seek enforcement of the Director's order by filing a petition
for enforcement in Spokane County Superior Court.
I3. The petition must name as respondent each person against whom the Director seeks to
obtain civil enforcement.
C. A petition for civil enforcement may request monetary relief, declaratory relief,
temporary or permanent injunctive relief, and any other civil remedy provided by law, or any
combination of the foregoing.
14.406.650 - Scverability. If any section, sentence, clause or phrase of this ordinance, or any
regulation, rule or order adopted pursuant to the authority thereof be determined invalid or
unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
14.406.660 — Effective date. This ordinance shall be in full force and effect five (5) days after
publication of this ordinance or a summary thereof in the official newspaper of the City as
provided by law.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BUDGET /FINANCIAL IMPACTS:
STAFF OR OTHER CONTACT: Mike Ormsby
ATTACHMENTS
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2003 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business xx new business
❑ public hearing ❑ information ❑ admin. report
❑ pending legislation
AGENDA ITEM TITLE: Ordinance Authorizing Interlocal Agreement with Public Facilities
District
BACKGROUND: During Council's June 24, 2003 council meeting, Bond Attorney Mike Ormsby
explained the agreement and summarized the PFD's position at that time. Ormsby said then
that he feels the direction council has given is that the Valley City would like to have a
proportionate share of the excess revenues of this project and that we are willing to talk with the
PFD about how to define those excess revenues. Ormsby said he will be in contact with
County's counsel tomorrow to discuss this and then in contact with PFD's counsel the following
day for further discussion.
Ormsby concluded by stating that in terms of the current interlocal agreement, the goal is to
insure it contains the representations needed for the City to qualify for regional project tax
revenue. It was mentioned that the agreement does not provide for any lien or other ownership
interest by the PFD in the CenterPlace project which was a very fundamental part of council
instructions at the onset.
Subsequently a meeting was held with representatives of the PFD, Spokane County and the
City of Spokane Valley (the Mayor and all of the City Council members were present for at least
a portion of this meeting). The PFD Board did not change the formula for the distribution of
excess revenue, but the County did approve the Agreement in the same form that was
approved by the PFD on August 19 The City Council is being asked to approve this same
form of Agreement.
OPTIONS: Suspend the rules for two readings of this ordinance, advance to second reading
and adopt Ordinance No. 03 -080.
RECOMMENDED ACTION OR MOTION: Motion to advance Ordinance No. 03 -080 to a
second reading.
DRAFT ORDINANCE 03 -080
ORDINANCE NO. 03-080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON, MAKING FINDINGS REGARDING A
REGIONAL PROJECT, AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE SPOKANE PUBLIC FACILITIES DISTRICT, AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING T.HER.ETO.
WHEREAS, the Spokane Public Facilities District (the "PFD ") is authorized by chapter 36.100
RCW to acquire, construct, own, remodel, maintain, equip, repair, finance and operate "regional centers"
as defined in RCW 35.57.020 and the City of Spokane Valley, Spokane County, Washington (the "City ")
is authorized by chapter 35.57.020 RCW to acquire and operate "regional centers;" and
WHEREAS, RCW 35.57.020 and 36.100.030 authorize the City and the PFD to participate in the
financing of all or any part of a regional center public facility on such terms as may be fixed by agreement
between the respective legislative bodies without submitting the matter to a vote of the electors thereof,
unless the provisions of the general laws of this state applicable to the incurring of indebtedness require
such submission; and
WHEREAS, the Board of Directors of the District has determined that it is i.n the best interests of
the residents and inhabitants of the District for the District to undertake and accomplish three regional
centers projects within its boundaries, i.e., the Convention Center Project, the Fair and Expo Center
Project and the Mirabeau Point Project (collectively, the "Regional Center Projects"); and
WHEREAS, the. District submitted proposals to its qualified electors, and on May 21, 2002, those
qualified electors approved proposals to expand its powers and to extend its existing sales and use tax and
existing hotel /motel tax to enable the District to undertake and accomplish the Regional Center Projects;
and
WHEREAS, the District has determined that the amount required to be funded from Regional
Tax Revenues (defined hereinafter) to undertake and accomplish the Regional Center Projects, including
expenses incidental thereto, does not exceed $96,000,00; and
WHEREAS, the parties intend to jointly develop the Regional Center Projects, in accordance
with an "Interlocal Agreement for Development of Regional Center Projects" substantially in the form
attached as Exhibit A and incorporated herein by reference (the "Agreement "), as multipurpose facilities
meeting the definition of "regional centers" under RCW 35.57.020. The Regional Center Projects are
intended to directly serve Spokane County (the "County "), the District, the City of Spokane and the City,
and their respective residents, as well as serving a broader population in the region, the State of
Washington and portions of Idaho and Montana. The City, the County and the District have all indicated
a desire to work cooperatively under R.CW 36.100.030(2), chapter 35.559 RCW, chapter 39.34 RCW and
chapter 67.28 RCW so that the District, the County and the City can obtain sufficient financing to
accomplish the Regional Center Projects consistent with the terms of the Agreements and
WHEREAS, the City expects to issue and sell its limited tax general obligation bonds in an
aggregate principal amount of not to exceed $7,000,000 to provide financing for a portion of the costs of
undertaking and accomplishing the Mirabeau Point Project; and
WHEREAS, the PFD, County and the City each are authorized pursuant to chapter 35.57 R.CW,
either individually or jointly with another municipality such as the District, to acquire, lease, construct,
add to, improve, replace, repair, maintain, operate and regulate the use of regional centers, and are further
Draft Ordinance 03-080 Page 1 of 4
DRAFT ORDINANCE 03 -080
authorized by chapter 35.59 RCW to participate in the financing of, and to appropriate and /or expend any
available public money for regional centers. RCW 36.100.030(2) provides that a public facilities district,
may enter into contracts under chapter 39.34 RCW for the joint provision and operation of facilities,
including regional centers, and may enter into contracts under chapter 39.34 RCW where any party to the
contract provides and operates such facilities for the other party or parties to the contract. Chapter 39.34
RCW further enables the Parties to carry out collectivity any activities that they are individually permitted
to pursue under applicable law; and
WHEREAS, the District, the County and the City have negotiated an agreement under which (1)
the District will carry out the Convention Center Project; (ii) the County and the District will jointly
develop the Fair and Expo Center Project under the County's lead, with the District providing financial
assistance in the form of intergovernmental payments (the Fair and Expo Center Payments "); and (iii) the
City and District will jointly develop the Mirabeau Point Project under the City's lead, with the District
providing financial assistance in the form of intergovernmental payments (the " Mirabeau Point
Payments ");
NOW TFi;ERI FORE HE IT RESOLVED the City Council (the "Council ") of the City of Spokane
Valley, Washington as follows:
Section 1: Findings
(1) Regional Center. The development of the Mirabeau Point Project (the "Project ".) is-
estimated to attract visitors to the City of Spokane Valley, Spokane County, Washington by the year
2005. It is expected to compete with small- to medium -sized conference centers throughout Eastern
Washington, Northern Idaho and Western Montana, and is expected to draw attendees from across that
region by offering multiple -day conferences, conventions, trade shows, events and festivals attracting
overnight visitors, as well as being available for smaller regional and community events, specialty
sporting evens, artistic, musical, theatrical, or other cultural exhibitions, presentations, or performances.
The Project is expected by 2006 to attract economic benefits in direct and indirect positive economic
impacts to the City, primarily as a result of increased tourism and demand for services, food and lodging.
The City Council therefore finds that the Regional Center Project meets the definition of "regional center"
found in RCW 35.57.020 and because it serves a regional population. In addition, the total Project cost,
including debt service, is expected to exceed $10 million.
(2) PFD Taxes. The Council finds that the City, PFD and Spokane County will meet the
33% match relating to the PFD Sales Tax and required under R.CW 82.14.390 by contributions of cash
and other services by private entities and individuals, the City of Spokane, the County, the City and PFD,
which shall be counted as an in -kind donation.
Section 2: Ratification of Interlocal Agreement. The City Council approves the Interlocal
Agreement between the County, the City and the PFD in substantially the form attached hereto as
Exhibit A. The Mayor and the Clerk of the City arc authorized and directed to execute and deliver the
Agreement on the City's behalf in substantially the form attached hereto as Exhibit A.
Section 3: City Bonds. The City Manager and his designees are authorized and directed to
work with the City's financial advisor, underwriter, bond counsel, rating agencies, potential bond insurers
and other appropriate persons or entities, to structure the City bonds and prepare for the issuance and sale
of those bonds. The issuance of the City bonds shall be approved by future ordinance of the Council.
Draft Ordinance 03 -080 Page 2 of 4
DRAFT ORDINANCE. 03 -080
Section 4: Authority Granted to City Officials. The City Manager and other appropriate
City Officials are hereby authorized to clo and perform from time to time any and all acts and things
consistent with the Ordinance necessary or appropriate to carry this Ordinance into effect.
Section 5: Effective Date. This Ordinance shall be in effect from and after its adoption and
publication, as required by law.
ATTEST:
Adopted by the City Council of the City of Spokane Valley, Spokane County Washington, this
day of 2003.
Christine Bainbridge, City Clerk
(SEAL)
CITY OF SPOKANE VALLEY
Michael DeV leming, Mayor
Draft Ordinance 03 -080 Pagc 3 of 4
DRAFT ORDINANCE, 03-080
(SEAL)
* * * * * * * * * *
I, the undersigned, Clerk of the City Council of the City of the Spokane Valley, Spokane
County, Washington, hereby certify that the foregoing Ordinance is a full, true, and correct copy of an
Ordinance duly adopted at a regular meeting of the City Council of said City, duly and regularly held at
the regular meeting place thereof held on July which meeting all members of said Council had due
notice and at which a majority thereof were present; and that at said meeting said Ordinance was adopted
by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
I further certify that I have carefully compared the same with the original Ordinance on
file and of record in my office; that said Ordinance is a full, true, and correct copy of the original
Ordinance adopted at said meeting; and that said Ordinance has not been amended, modified, or rescinded
since the date of its adoption, and is now in full force and effect.
IN WITNESS WHEREOF, 1 have set my hand and affixed the official seal of the City
this day of . . 2003.
Christine Bainbridge, City Clerk
Draft Ordinance 03 -080 Page 4 of 4
0
INTERLOCAL AGREEMENT
FOR DEVELOPMENT OF REGIONAL CENTER PROJECTS
Exhibit A.
°t tiara= 03 -080 Exhitit A
I:.tstaml Agcecnot PFD Pecs 1 of 30
SECTION 1 DEFINITIONS 3
SECTION 2 DEVELOPMENT AND FINANCING OF THE CONVENTION CENTER PROJECT 7
2.1 Development of the Convention Center Project 7
2.2 Timeline for Development of Convention Center Project 8
2.3 Site Acquisition, Development and Ownership 8
2.4 District Insurance for the Convention Center Project 8
2.5 Local Matching Contributions for Regional Center Projects 8
2.6 Financing of Convention Center Project 9
2.7 Application of Regional Tax Revenues 10
2.8 Future Convention Center Project Expansion 10
2.9 Convention Center Project Operation 1
SECTION 3 DEVELOPMENT AND FINANCING OF THE FAIR & EXPO CENTER PROJECT 11
3.1 Development of the Fair & Expo Center Project 11
3.2 Timeline for Development of Fair & Expo Center Project 1
3.3 Site Acquisition, Development and Ownership of Fair & Expo Center Project 11
3.4 Financing of Fair & Expo Center Project 12
3.5 Fair & Expo Center Payments 12
3.6 County Insurance for the Fair & Expo Center Project 13
SECTION 4 DEVELOPMENT AND FINANCING OF THE MIRABEAU POINT PROJECT 14
4.1 Development of the Mirabeau Point Project • 14
4.2 Timeline for Development of Mirabeau Point Project 14
• 4.3 Site Acquisition, Development and Ownership of Mirabeau Point Project 14
4.4 Financing of Mirabeau Point Project 15
4.5 Mirabeau Point Payments 16
4.6 Valley City Insurance for the Mirabeau Point Project 17
SECTION 5 MISCELLANEOUS 17
5.1 Administrator of Joint Undertaking 17
5.2 Supplemental Agreements 17
5.3 Effectiveness of Agreement 17
5.4 Assignment 17
SOSS6S?QOd
TABLE OF CONTENTS
- i-
Page
5.5 Third Party Beneficiari es 17
5.6 Actions Contesting Agreement 17
5.7 Entire Agreement Amendments and Waiver 18
5.8 Governing Law; Venue 18
5.9 Captions 18
5.10 Notices 18
5.1 .1 Specific Approvals 19
5.1.2 Severability 20
5.13 Counterparts 20
5.14 Time is of the Essence 20
SO386820,04
INTERLOCAL AGREEiVIENT
FOR DEVELOPATENT OF REGIONAL CENTER PROJECTS
This Interlocal Agreement for Development of Regional Center Projects ("Agreement ")
is entered into this day of July, 2003, by and among the SPOKANE PUBLIC
FACILITIES DISTRICT (the "District "), a municipal corporation duly organized and existing
under the laws of the State; SPOKANE COUNTY, WASHINGTON (the "County "), a class A
county duly organized and existing under the laws of the state of Washington (the "State "); and
the CITY OF SPOKANE VALLEY (the "Valley City "), a municipal corporation duly
organized and existing under the laws of the State.
The entities executing this Agreement are each referred to below as a "Party," and are
collectively referred to as the "Parties." Unless otherwise defined in this Agreement, each
capitalized term used in this Agreement shall have the meaning given in Article II.
RECITALS
"PLAN C" DRAFT OF JUNE 27, 2003
A. The District is authorized under RCW 36.100.030(1) to "acquire, construct, own,
remodel, maintain, equip, reequip, repair and operate sports facilities, entertainment facilities,
convention facilities or regional centers as defined in RCW 35.57.020, together with contiguous
parking facilities."
B. RCW 36.100.040 provides that a public facilities district rnay submit an
authorizing proposition to the voters of the district to impose an excise tax on the sale of or
charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel or
trailer camp, and the granting of any similar license to use real property on premises having more
than 40 lodging units the proceeds of which excise tax must be used for the acquisition, design,
construction, remodeling, maintenance, equipping, reequipping, repairing and operation of its
public facilities.
C. RCW 82.14.048 provides that a public facilities district may submit an
authorizing proposition to the voters of the district to impose a sales and use tax at a rate not to
exceed 2/10 of 1% of the selling price in the case of a sales tax, or value of the article used, in the
case of a use tax, the proceeds of which sales and use tax shall be used for the financing, design,
acquisition, construction, equipping, operating, maintaining, remodeling,' repairing and
reequipping of its public facilities.
D. RCW 82.14.390 authorizes the governing body of a public facilities district
created before July 31, 2002, that conunences .construction of a new regional center, or
improvement or rehabilitation of an existing regional center, before January 1, 2004, to impose a
sales and use tax, with the rate of such sales and use tax not to exceed 0.033 percent of the
selling price in. the case of a sales tax or value of the article used in the case of a use tax, which
sales and use tax shall expire when the bonds issued for the construction of the regional center
and the related parking facilities are retired, but not more than 25 years after the tax is first
collected.
1?. The Board of Directors of the District has determined that it is in the best interests
of the residents and inhabitants of the District for the District to undertake and accomplish three
regional center projects within its boundaries, i.e., the Convention Center Project, the Fair &
Expo Center Project and the Mirabeau Point Project (collectively, the "Regional Center
Projects ").
F. The District submitted proposals to its qualified electors, and on May21, 2002,
those qualified electors approved proposals to expand its pdwers and to extend its existing sales
and use tax and existing hotel /motel tax to enable the District to undertake and accomplish the
Regional Center Projects.
G. The District has determined that the amount required to be funded from Regional
Tax Revenues (defined hereinafter) to undertake and accomplish the Regional Center Projects,
including expenses incidental thereto, does not exceed $96,000,000.
H. The Parties intend to jointly develop the Regional Center Projects, in accordance
with this Agreement, as multipurpose facilities meeting the definition of "regional centers" under
RCW 35.57.020, "multi- purpose community centers" under RCW 35.59.010, and, in the case of
the Convention Center Project and the Fair & Expo Center Project, "tourism- related facilities"
under RCW 67.28.080. The Regional Center Projects are intended to directly serve the County,
the District and the Valley City, and their respective residents, as well as serving a broader
population in the region and the State. The Valley City, the County and the District desire to
work cooperatively under RCW 36.100.030(2), chapter 35.59 RCW, chapter 39.34 RCW and
chapter 67.28 RCW so that the District can obtain sufficient financing to accomplish the
Regional Center Projects consistent with the terms of this Agreement.
1: By the District Bond Resolution, the District has approved or will approve the
issuance and sale of its Sales/Use Tax and Hotel/Motel Tax Bonds, 2003, in an aggregate
principal amount of not to exceed $77,000,000 to finance a portion of the costs of undertaking
and accomplishing the Convention Center Project.
7. By the County Bond Resolution, the County has approved or will approve the
issuance and sale of its limited tax general obligation bonds as portions of two separate series in
an aggregate principal amount of not to exceed $12,000,000 to provide financing for a portion of
the costs of undertaking and accomplishing the Fair & Expo Center Project.
K. By the Valley City Bond Ordinance, the Valley City has approved or will approve
the issuance and sale of its limited tax general obligation bonds in an aggregate principal amount
of not to exceed 87,000,000 to provide financing for a portion of the costs of undertaking and
accomplishing the Mirabeau Point Project.
L. The County and the Valley City each are authorized pursuant to chapter 35.59
RCW, either individually or jointly with another municipality such as the District, to acquire,
lease, construct, add to, improve, replace, repair, maintain, operate and regulate the use of multi-
purpose community centers, and are further authorized by chapter 35.59 RCW to participate in
the financing of, and to appropriate and /or expend any available public money for, multi- purpose
50336320.00.
-2-
community centers. RCW 67.28.120 provides that any municipality (including any city or
county) may, individually or jointly with any other municipality or person, acquire and operate
tourism - related facilities. RCW 36.100.030(2) provides that a public facilities district may enter
into agreements under chapter 39.34 RCW for the joint provision and operation of facilities,
including regional centers, and may enter into contracts under chapter 39.34 RCW where any
party to the contract provides and operates such facilities for the other party or parties to the
contract. Chapter 39.34 RCW further enables the Parties to carry out collectively any activitiO
that they are individually permitted to pursue under applicable law.
M. The County, the District and the Valley City have negotiated this Agreement
under which (i) the District will carry out the Convention Center Project; (ii) the County and the
District will jointly develop the Fair & Expo Center Project under the County's lead, with the
District providing financial assistance in the form of intergovernmental payments (the "Fair &
Expo Center Payments "); and (iii) the Valley City and the District will jointly develop the
Mirabeau Point Project under the Valley City's lead, with the District providing financial
assistance in the form of intergovernmental payments (the " Mirabeau Point Payments ").
N. The District, by Resolution No. 03 -03 adopted on July 1, 2003, has authorized the
execution of this Agreement on behalf of the District.
O. . The County, by Resolution No. adopted on
authorized the execution of this Agreement on behalf of the County.
P. The Valley City, by Ordinance No. passed on , 2003, has
authorized the execution of this Agreement on behalf of the Valley City.
NOW, THEREFORE, in consideration of the mutual representations, covenants,
promises and agreements hereinafter contained, the District, the County and the Valley City
mutually represent, covenant, acknowledge and agree as follows:
S0386420)04
SECTION 1 DEFINITIONS.
AGREEMENT
-3-
2003, has
Unless otherwise defined in this Agreement, each of the following terms shall have the
meaning set forth in this Section 1.
1.1 Acquisition, acquiring or acquire shall include purchase, securing, lease, receipt
by gift or grant, condemnation, transfer or other acquirement, or any combination thereof.
1.2 Arena Reimbursement Obligation means the aggregate amount of any District
funds, other than Regional Tax Revenues, that are used by the District for the purposes of
acquiring, constructing, financing and otherwise supporting the Regional Center Projects, •
including but not limited to making interfund loans for the construction or iunpiovement of the
Convention Center Project, paying debt service on the District Bonds, and making
Intergovernmental Payments, or advancing funds to meet necessary Convention Center operating
and maintenance expenses for which no other funds are available before 2018, plus interest at the
Intergovernmental Rate on the amounts so used, loaned or advanced, until fully repaid from
Regional Tax Revenues in accordance with Section 2.7 of this Agreement.
1.3 Bond Fund means the Spokane Public Facilities District Bond Fund established
by District Bond Resolution No. 01 -02.
1.4 Business Day means any day other than: (a) a Saturday or Sunday, (b) a day on
which commercial banks in the County are authorized or obligated to close, or (c) a day on
which the offices of the County are closed.
1.5 Code means the Internal Revenue Code of 1986, as amended, together with
corresponding and applicable final or temporary regulations and revenue rulings issued or
amended with respect thereto by the United States Treasury Department or the Internal Revenue
Service.
1.6 Convention Center Project means a Regional Center Project consisting of the
Acquisition of an interest in, construction of improvements to and the expansion of the real
property located in the City of Spokane, commonly known as the Spokane Convention Center,
all as more particularly described in Exhibit A. attached and incorporated herein by reference
and as described in the Spokane Center Development Agreements. The Convention Center
Project constitutes both a "regional center" as that term is used in RCW 36.100.030(1) and RCW
35.57.020 and a `tourism- related facility" as that term is used in RCW 67.28.080.
SCUMS:W.O4
1.7 County means Spokane County, Washington.
1.8 County Bonds mean (i) $6,445,000 in principal amount of the County's
519,205,000 Limited Tax General Obligation and Refunding Bonds, Series 2003A, authorized
by the County for improvements to the Fair &. Expo Center pursuant to Resolution No. 3-0471,
adopted by the County's Board of County Commissioners on May 20, 2003, and (ii) $5,555,000
in principal amount of the County's Limited Tax General Obligation Bonds, Series 2003C, to be
issued by the County.
1.9 County Bond .Resolution means, collectively, Resolution No. 3 -0471 of the
County adopted on May 20, 2003, and such other resolution of the County authorizing, among
other matters, the issuance and sale of the County Bonds.
1.10 Develop or Development includes any one or more of the following: acquisition
of, construction of, ownership of, remodeling, maintaining, equipping, re- equipping, repairing,
financing, and operating the Regional Center Projects as specified herein and undertaken by the
Parties as agreed to in this Agreement according to the powers conferred upon the Parties under
chapters 35.57;35.59, 36.100, 39.34 and 67.28 RCW and RCW 82.14.390.
1.11 District means the Spokane Public Facilities District, a municipal corporation
duly organized and existing under the laws of the State
-4-
1.12 District Bond Reserve Insurance means any policy of reserve insurance, surety
bond or .other similar instrument obtained by the District to satisfy the District Bond Reserve
Requirement in lieu of a deposit of cash and investments in the Reserve Fund to satisfy the
District Bond Reserve Requirement in accordance with the District Bond Resolution.
1.13 District Bond Reserve Requirement means the debt service reserve requirement
for the District Series 2003A Bonds established by the District Bond Resolution.
1.14 District Bond Resolution means one or more resolutions of the District
authorizing, among other matters, the issuance and sale of the District Bonds.
1.15 District Bonds means the District's Sales/Use Tax and Hotel/Motel Tax Bonds,
2003, issued in one or more series, in an aggregate principal amount of not to exceed
$77,000,000, authorized by the District Bond Resolution.
1.16 District Lodging Tax means the two percent (2 %) excise tax imposed by the
District on the sale of or charge made for the furnishing of lodging under the authority of RCW
36.100.040, as such tax has been extended beyond 2017 by District Resolution No. 02 -03 with
the approval by a majority of the voters of the District voting thereon at a special election held on
May 21, 2002.
1.17 District Sales & Use Tax means the one -tenth of one percent (0.1%) sales and use
tax imposed by the District under the authority of RCW 82.14.048, as extended beyond 2017 by
District Resolution No. 02 -02 with the approval by a majority of the voters of the District voting
thereon at a special election held on May 21, 2002.
1.18 District State Credit Sales & Use Tax means the thirty -three one thousandths of
one percent (0.033%) sales and use tax imposed by the District under the authority of RCW
82.14.390 and District Resolution No. 01 -06.
1.19 Fair & Expo Center Project means a Regional Center Project consisting of the
construction of improvements to the real property located in the County, commonly known as
the Spokane County Fair & Exposition Center, all as more particularly described in Exhibit A,
attached and incorporated herein by reference. The Fair & Expo Center Project constitutes both a
"regional center" as that term is used in RCW 36.100.030(1.) and 35.57.020 and a "tourism -
related facility" as that term is used in RCW 67.28.080.
1.20 Fair & Expo Center Payments means the scheduled intergovernmental payments
required to be paid by the District to the County in respect of the Fair &' Expo Center Project
pursuant to Section 3.5 of this Agreement as set forth in Exhibit C -1 attached hereto and
incorporated herein by this reference, together with all compensatory payments required to be
paid by the District to the County pursuant to Section 3.5 of this Agreement.
1.21 Intergovernmental Payments means the Fair &. Expo Center Payments and the
Mirabeau Point Payments.
1.22 Intergovernmental Payment Schedule means the schedule attached as Exhibit C,
showing dates and amounts of Intergovernmental Payments required to be made by the District
pursuant to this Agreement.
1.23 Intergovernmental Rate means a variable interest rate equal to the average rate of
return on local government funds invested in the County's Local Governmental Investment Pool,
calculated monthly in accordance with the County's standard procedures, or, if the County's
Local Govemment Investment Pool ceases to exist a variable rate equal to the average rate of
return on local government funds invested in the Local Government Investment Pool held and
administered by the Office of State Treasurer, calculated monthly in accordance with its standard
procedures. When used to determine compensatory amounts included in Intergovernmental
Payments, interest included in Arena Reimbursement Obligations, or for any other purpose of
this Agreement, the Intergovernmental Rate shall be applied on the basis of the actual number of
days elapsed during a 365/366-day year.
1.24 Mirabeau Point Project means a Regional Center Project consisting of the
construction of improvements to the real property located in the Valley City, commonly known
as Mirabeau Point, all as more particularly described in Exhibit A, attached hereto and
incorporated herein by reference. The Mirabeau Point Project constitutes a "regional center" as
that term is used in R.CW 36.100.030(1) and 35.57.020 and a "multi-purpose community center"
as that term is used in RCW 35.59.010.
1.25 Mirabeau Point Payments means the scheduled intergoverrunental payments
required to be paid by the District to the Valley City in respect of the Mirabeau Point Project
pursuant to Section 4.5 of this Agreement as set forth in Exhibit C -2 attached hereto and
incorporated herein by this reference together with all compensatory payments required to be
paid by the District to the Valley City pursuant to Section 4.5 of this Agreement, except that the
Regional Tax Revenues constituting Mirabeau Point Payments shall not include any portion of
District Lodging Tax revenues.
1.26 NRMSIRs means nationally recognized municipal securities information
repositories, as designated by the SEC.
1.27 Outstanding means, with respect to the District Bonds, the County Bonds and the
Valley City Bonds any obligation that has not yet been paid, redeemed or legally defeased.
S0396510.04
1.28 Party means any one of the parties to this Agreement, collectively, the Parties.
1.29 Project Fund means the Convention Center Project Fund established by the
District Bond Resolution.
1.30 Regional Center Project means any one of the Convention Center Project, the
Fair & Expo Center Project and the Mirabeau Point Project (collectively, the Regional Center
Projects), each of which constitutes a "regional center" as that term is used in RCW 35.57.020.
-6-
1.31 Regional Tax Revenues means, collectively, all proceeds of the District State
Credit Sales & Use Tax; received on and after March 1, 2003, and all proceeds of the District
Lodging Tax and the District Sales & Use Tax received by or available to the District from and
after the earlier of (i) January 1, 2018, and (ii) the date on which all indebtedness incurred by the
District in connection with the Spokane Veterans Memorial Arena is retired and /or legally
defeased.
1.32 Reserve Fund means the Spokane Public Facilities District Resen'e Fund
established by District Resolution No. 01 -02.
1.33 SEC means the United States Securities and Exchange Commission.
1.34 Spokane Center Development Agreements means, collectively, the Interlocal
Cooperation Agreement, Property Transfer Agreement, and Lease, each executed and delivered
by The City of Spokane and the District effective , 2003.
1.35 Treasurer means the County Treasurer.
1.36 Valley City means the City of Spokane Valley, Washington.
1.37 Valley City Bond Ordinance means the ordinance passed by the Valley City
authorizing, among other matters, the issuance and sale of the Valley City Bonds.
1.38 Valley, City Bonds means an issue of Valley City limited tax general obligation
bonds authorized by the Valley City Bond Ordinance to be issued in an aggregate principal
amount of not to exceed S7,000,000 to finance a portion of the cost of the Mirabeau Point
Project.
2.1 Development of the Convention Center Project The District and the City of
Spokane have entered into the Spokane Center Development Agreements for the principal
purpose of making provision for the design, acquisition, construction, equipping, financing, and
operation by the District of the Convention Center Project on a cooperative basis. In accordance
with the Spokane Center Development Agreements and this Agreement, the District, on behalf
and for the benefit of itself and Spokane, will commence construction of the Convention Center
Project on or before January .1, 2004, and thereafter proceed with due diligence to completion of
the Convention Center Project. The District, on behalf and for the benefit of itself and Spokane,
will be the lead agency with the primary responsibility for the development of the Convention
Center Project as a "regional center" (as defined by RCW 35.57.020), as a "multi- purpose
community center" (as defined by RCW 35.59.010) and as a "tourism-related facility" (as
defined by RCW 67.28.080), and shall finance, acquire, design, construct, own, lease, operate
and maintain the Convention Center Project, all subject to the limitations set forth in the Spokane
Center Development Agreements and this Agreement. The Convention Center Project shall be
50366820.04
SECTION 2 DEVELOPMENT AND FINANCING OF THE CONVENTION
CENTER PROJECT
• -7-
developed and have the features substantially as described in Exhibit A and the Spokane Center
Development Ageements.
2.2 Timeline for Development of Convention Center Project The District, on behalf
and for the benefit of itself and the City of Spokane, intends to commence construction of the
Convention Center Project by carrying out the demolition of certain existing structures,
cominenceinent of parking improvements related thereto, or other construction activity prior to
December 31, 2003. The Convention Center Project is expected to be completed and placed in
service on or about September 1, 2006. The estimated timeline for financing and construction of
the Convention Center is set forth in Exhibit B. The dates set forth in Exhibit B are target dates
for action by the District. The failure of the District to meet *the dates set forth in the timeline for
financing and construction of the Convention Center shall have no effect on the other provisions
of this Agreement.
2.3 Site Acquisition. Development and Ownership.
2.3.1 Pursuant to the Spokane Center Development Agreements, the City of
Spokane and the District have agreed to acquire all additional real property necessary to serve as
a site for the Convention Center Project, and the City of Spokane has agreed to exercise its
eminent domain authority, if necessary, to acquire that additional real property in accordance
with the Spokane Center Development Agreements. Title to Convention Center Project will be
held by the City of Spokane and the District as provided in the Spokane Center Development
Agreements.
2.3.2 The District, on behalf and for the benefit of itself and the City of
Spokane, will acquire the approvals necessary and shall take such other actions as may be
required to develop the Convention Center Project consistent with the Spokane Center
Development Agreements.
2.3.3 The District shall periodically provide reports to the other Parties on the
design, construction and operation of the Convention Center.
2.3.4 The District shall have full and complete control over the development of
the Convention Center Project, subject to the terms of the Spokane Center Development
Agreements and this Agreement. In addition, the District shall have full and complete control
over the operations of the Convention Center Project, subject to the terms of the Spokane C enter
Development Agreements.
2.4 District Insurance for the Convention Center Project The District agrees to
acquire and maintain insurance in the form and amounts required by the Spokane Center
Development Agreements and otherwise as are consistent with the coverage of comparable
Convention Center facilities.
• 2.5 Local Matching Contributions for Regional Center Projects. As required by RCW
82.14.390(4), the Parties have provided and will provide funds for the Regional Center Projects
from other public or private sources, including but not limited to cash, in-kind contributions, and
land donated and used for the siting of the Regional Center Projects, equal to at least 33 percent
50396520.O4
-8-
of the amount collected by the District under the District State Credit Sales & Use Tax
(collectively, the "Local Match "). The Local Match includes and is anticipated to include at least
the following: (i) proceeds of the voter - approved District Sales & Use Tax, (ii) proceeds of the
voter- approved District Lodging Tax, (iii) land, existing improvements and personal property
contributed by the City of Spokane for use as the site of the Convention Center Project; and (iv)
land contributed by the County and/or the Valley City for use as the site of the Mirabeau Point
Project. The City's transfer of the Spokane Center to the District will be accomplished pursuant
to the Spokane Center Development Agreements.
2.6 Financing of Convention Center Project The District shall be solely responsible
to finance the Convention Center Project with proceeds of the District Bonds and other legally
available funds allocated by the District for that purpose. The District shall have no obligation to
provide funds for the Convention Center Project other than as expressly provided by the Spokane
Center Development Agreements and this Agreement. The County and the Valley City shall
have no obligation to provide funds for the development of the Convention Center Project. In
order to enable the District Lodging Tax and District Sales & Use Tax to be used to provide debt
service on any and all obligations issued an a parity with the District's Hotel /Motel Tax and
Sales/Use Tax Refunding Bonds, Series 2001A (AMT) and Series 2001B (Non -AMT), the
District shall, in conjunction with the issuance of the District.Bonds, at its sole cost and expense,
exercise its option to purchase the facilities financed by that certain 1995 Financing Lease
Agreement dated as of June 5, 1995, by and between the District and the City of Spokane,
thereby enabling the City of Spokane to carry out the defeasance and redemption of its
outstanding Leased Revenue Bonds, Series 1995 (Multi- Purpose Arena Project).
2.6.1 The District Bonds shall be issued and sold pursuant to the District Bond
Resolution in one or more series in an aggregate principal amount not exceeding $77,000,000,
shall be District Series 2003 Bonds; shall be payable from and secured by a pledge Regional
Tax Revenues and other revenues of the District; shall be payable on [June 1] (interest only) and
[December 1] (principal and interest) of each year; shall finally mature no later than June 1,
2033; and shall have such other terms as provided in the District BondResolution.
2.6.2 The District may issue refunding bonds at any time in its sole discretion,
without the consent of any other Party, for the purpose of refunding its outstanding obligations,
including District Bonds. The Parties recognize and agree that the District Bonds will be issued
on a parity of lien with the District's Hotel/Motel Tax and Sales/Use Tax Refunding Bonds,
Series 2001A (AMT) and Series 20OIB (Non -AMT). The District may issue additional parity
bonds as long as it complies with the parity bond requirements set forth in [District Resolution
No. 01 -02 and] the District Bond Resolution. The District may also, without the consent of any
other Party, utilize such interfund loans as it deems necessary and appropriate to carry out the
financing of the Regional Center Projects and to make Intergovernmental Payments.
2.6.3 The District shall covenant in the District Bond Resolution to maintain the
tax exemption for the District Bonds, and shall provide to the other Parties copies of-annual
financial information and operating data and any material event notices filed by the District with
NRsMSIRs pursuant to its continuing disclosure undertaking under SEC Rule 15c2 -12 in respect
of the District Bonds.
2.6.4 The Parties recognize that Regional Tax Revenues (as defined for the
purposes of this Agreement) may not be sufficient in every calendar year to pay in full all of the
District's obligations in respect of the cost of acquiring and constructing the Convention Center
Project, paying debt service on the District Bonds, making Intergovernmental Payments, and
otherwise supporting the Regional Center Projects, but that the District has other available funds
that the District will use to meet those obligations. Any use by the District of any of its funds,
other than Regional Tax Revenues, for the Regional Center Projects shall create and constitute
an Arena Reimbursement Obligation in a like amount that shall be repaid from Regional Tax
Revenues in accordance with Section 2.7 of this Agreement.
2.7 Application of Regional Tax Revenues. The District promptly upon their receipt
shall deposit all Regional Tax Revenues into its Regional Center Projects Revenue Fund and use
and apply those Regional Tax Revenues (and the District dnects the Treasurer on behalf of the
District to cause the Regional Tax Revenues to be used and applied) only for the following
purposes and in the following order of priority:
First, to make payments into the Bond Fund as necessary to pay all regularly scheduled
payments (including mandatory sinking fund payments) of principal of and interest on the
District Bonds as required by the District Bond Resolution and to pay debt service on bonds
issued on a parity alien with the District Bonds;
Second, to make payments into the Reserve Fund as necessary to maintain a balance
therein equal to the District Bond Reserve Requirement and/or to reimburse the provider of
District Bond Reserve Insurance for draws thereon as required by the District Bond Resolution
and resolutions authorizing the issuance of parity bonds;
Third, to pay the Fair & Expo Center Payments and the Mirabeau Point Payments,
pari passu in proportion to the respective amounts thereof then due and payable (including
shortfall payments and compensatory payments under Sections 3.5 and 4.5);
Fourth, to pay Arena Reimbursement.Obligations; and
Fifth, only upon payment in full of all Arena Reirnbursernent Obligations, twelve ninety-
sixths (12/96) to the County, seven ninety - sixths (7/96) to the Valley City and seventy -seven
ninety- sixths (77/96) to the District.
Any Regional Tax Revenues distributed under "Fifth," above, shall be used by. the County and
by the Valley City, respectively, solely for lawful Regional Center Project purposes, consistent
with applicable law and with the resolutions of the District imposing the taxes constituting the
Regional Tax Revenues.
2.8 Future Convention Center Project Expansion. The District may at any future time
proceed with Development of additions to or subsequent phases of the Convention Center, but
none of the other Parties shall be obligated with respect to the financing of such future
improvements. If some or all of the Parties agree to participate in the development of such
additions, the respective Parties may enter into an addendum to this Agreement governing the
50336120_04
-1
rights and obligations of those Parties with respect to the design, construction and operation of
the additional improvements.
2.9 Convention Center Project Operation. The District shall operate the Convention
Center in a businesslike manner and provide a level of service equivalent to or better than the
services provided by comparable public facilities in the state. The Convention Center shall be
available for use by the general public at rates established by the District. So long as District
State Credit Sales & Use Taxes are being collected and applied to the repayment of the Bonds,
the District shall operate the Convention Center Project as a "regional center project" as that
term is defined in RCW 35.57.020.
SECTION 3 DEVELOPMENT AND FINANCING OF THE FAIR & EXPO CENTER
PROJECT
3.1 Development of the Fair & Expo Center Project. The County, on behalf and for
the benefit of the County and the District, shall be the lead agency with the primary
responsibility for the development of the Fair & Expo Center Project as a "regional center" (as
defined by RCW 35.57.020) and as a "tourism- related facility" (as defined by RCW 67.28.080),
and shall finance, acquire, design, construct, own, operate and maintain the Fair & Expo Center
Project, and otherwise administer its development and operation, for the benefit of and in
cooperation with the District, all subject to the limitations set forth herein.
3.2 Timeline for Development of Fair & Expo Center Project. The County, on behalf
and for the benefit of the County and the District, commenced construction of the Fair & Expo
Center Project on or about February 15, 2003. The County therefore represents and warrants to
the District that construction of the Fair & Expo Center Project commenced before January 1,
2004. The activity that constituted commencement of construction of the Fair & Expo Center
Project was the commencement by the County's contractors of the construction of a new
grandstand at the Fair & Expo Center that is presently scheduled for completion on or about
September 1, 2003.
3.3 Site Acquisition, Development and Ownership of Fair & Expo Center Project.
3.3.1 The County has acquired and now owns all real property necessary to
carry out the Fair & Expo Center Project.
3.3.2 The County shall, on behalf of itself and the District, acquire the approvals
necessary and shall take such other actions as may be required to enable the site to be suitable for
use as a Fair & Expo Center Project.
3.3.3 The County shall provide the District with periodic reports on the design,
construction and operation of the Fair & Expo Center Project, at least quarterly during
construction and at least annually thereafter.
3.3.4 The County shall have full and complete control over the development the
Fair & Expo Center Project, and shall own and operate the Fair & Expo Center Project for and
on behalf of itself and the District. In addition, the County shall have full and complete control
30016633.04
over the operation and management of the Fair & Expo Center, subject to the terms of this
Agreement. All of the District's legally cognizable ownership interest in the Fair & Expo
Center, if any, shall terminate and revert to the County upon the termination of the District's
obligation to make Fair & Expo Center Payments to the County.
3.3.5 The District and the County each find that the Fair & Expo Center Project
is a viable project construction of which has commenced before January 1, 2004. The County
agrees to provide, by and through the Fair & Expo Center Project, services to all the residents of
the County, which necessarily includes services to the residents of the other Parties to this
Agreement.
3.4 Financing of Fair & Expo Center Project The County shall issue the County
Bonds to finance the Fair & Expo Center Project. The County Bonds shall be payable from and
secured by a pledge of the full faith and credit of the County (within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the County); shall be
payable on June 1 (interest only) and December 1 (principal and interest) of each year; shall
finally mature no later than June 1, [2033]; and shall have such other terms as provided in the
County Bond Resolution. The District acknowledges and agrees that, although the County
Bonds will be limited tax general obligation bonds pledging the full faith and credit of the
County (within the constitutional and statutory tax limitations provided by law without a vote of
the electors of the County), the County at its sole option may (but is not acquired to) apply the
proceeds of the Fair & Expo Center Payments to the payment of the County Bonds. The County
Bonds and any disclosure documents related to the County Bonds shall contain the following
statement (or substantially similar language): "The [County Bonds] are not obligations of the
Spokane Public Facilities District, the City of Spokane, the City of Spokane Valley, the State of
Washington or any other political subdivision of the State of Washington other than the County.
All liabilities incurred by the County with respect to the [County Bonds] shall be satisfied
exclusively from the tax revenues, credit and other legally available sources of the County and
no owner of the [County Bonds] or other person shall have any right of action against or recourse
to the Spokane Public Facilities District, the City of Spokane, the City of Spokane Valley, the
State of Washington or any other political subdivision of the State of Washington, or any of their
respective assets, credit, revenues or services on account of any debts, obligations or liabilities
relating to the [County Bonds]." Furthermore, the District acknowledges that its obligation to
make the Fair & Expo Center Payments as required by Section 3.5 of this Agreement and
described in the Intergovernmental Payment Schedule may be material to the offer and sale of
the County Bonds, and may be disclosed to potential purchasers and purchasers of those County
Bonds. At the County's request, the District will make an appropriate continuing disclosure
undertaking in respect of the County Bonds to the same extent as if the District were treated as
an "obligated person" (within the meaning of SEC Rule 15c2 -12) in respect of the County
Bonds. The County shall covenant in the County Bond Resolution to maintain the tax exemption
for the County Bonds, and shall provide to the District copies of annual financial information and
operating data and any material event notices filed by the County with NRMSTRs pursuant to its
continuing disclosure undertaking. under SEC Rule 15c2 -12 in respect of the County Bonds.
3.5 Fair & Expo Center Payments. The District shall make Fair & Expo Center
Payments to the County in respect of the Fair & Expo Center Project on the payment dates and in
$0326*?0.04
-12-
the amounts set forth in the Intergovernmental Payment Schedule attached as Exhibit C -1 to this
Agreement. The Fair & Expo Center Payments shown on the Intergovernmental Payment
Schedule reflect ainounts corresponding to expected debt service on the County Bonds. Upon
the issuance of the County Bonds, Exhibit C -1 shall be replaced with an adjusted schedule
approved by the District, acting reasonably, to ensure, assuming Intergovernmental Payments to
the County and the Valley City are used for debt service purposes, that the amounts of the
Intergovernmental Payments are compatible with the debt service requirements of all three
Parties. The District and the County recognize that the amounts on Exhibit C -1 reflect in some
years amounts that are greater than 12/96 of the expected Regional Tax Revenues in those years,
and in other years reflect amounts that are less than 12/96 of the expected Regional Tax
Revenues; however, the District is willing to allocate more than 12/96 in certain years to
accommodate the County in structuring the County Bonds, recognizing that less than 12/96 may
be allocated to the County in other years. The County may use and apply the Fair & Expo
Center Payments for any purpose in support of the Fair & Expo Center Project, including the
design, acquisition, construction, equipping, financing, operating, maintaining, repairing,
remodeling, and re- equipping of the Fair .& Expo Center Project. The District shall make the
Fair & Expo Center Payments solely from Regional Tax Revenues available for that purpose in
accordance with the provisions of Section 2.7 of this Agreement. The County and the District
recognize and agree that the actual amount of Regional Tax Revenues available to the District to
make Fair & Expo Center Payments on any particular date set forth in the Intergovernmental
Payment Schedule may differ from the amount required to be paid on that date. So long as other
District revenues, together with Regional Tax Revenues (if and to the extent any are required),
pledged to the District Bonds and other obligations of the District issued on a parity with the
District Bonds are sufficient to pay and secure the District Bonds and such parity obligations in
accordance with the District Bond Resolution or other authorizing resolution, the District agrees
to allocate and use Regional Tax Revenues to make Fair & Expo Payments when due in an
amount equal to the lesser of the amounts shown on the lntergovernmental Payment Schedule or
12 /19's -of the Regional Tax Revenues available to the District on the applicable due date;
provided, that any resulting shortfall in Regional Tax Revenues available to be allocated and
used by the District to fully satisfy debt service requirements of the District Bonds shall be an
Arena Reimbursement Obligation. If the District does not have Regional Tax Revenues
sufficient to pay Fair & Expo Center Payments in full on any date as set forth in the
Intergovernmental Payment Schedule, the District shall remain obligated to pay the remaining
balance due but not paid on that date (the "Fair & Expo Center Payment shortfall "), which shall
be paid to the County on the next scheduled payment date from Regional Tax Revenues
available to the District for that purpose in accordance with the provisions of Section 2.7 of this
Agreement, plus an additional compensatory payment equal to the amount of interest that the
County would have earned if the amount of the Fair & Expo Center Payment shortfall had been
invested in the County's Local Government Investment Pool at the Intergovernmental Rate from
its originally scheduled payment date until the Fair & Expo Payment shortfall is paid in full. All
unpaid Fair & Expo Center Payments shall be paid in full no later than December 31, 2033, and
the District pledges to use all means and resources then legally available to the District to make
that payment when due.
3.6 County Insurance for the Fair & Expo Center Project The County agrees to
acquire and maintain insurance in form and amounts as are consistent with the coverage of
50366520.04
-13-
comparable Fair &. Expo Center facilities and undertakings related to said facilities as
contemplated under this Agreement and to name the District as an additional named insured
thereunder.
501E5820.04
SECTION 4 DEVELOPMENT AND FINANCING OF THE MIRABEAU POINT
PROJECT
4.1 Development of the Mirabeau Point Project. The Valley City, on behalf and for
the benefit of the Valley City and the District, shall commence construction of the Mirabeau
Point Project before January 1, 2004. The Valley City, on behalf and for the benefit of the
Valley City and the District, shall be the lead agency with the primary responsibility for the
development of the Mirabeau Point Project as a "regional center" (as defined by RCW
35.57.020) and "multi- purpose community center" (as defined by RCW 35.59.010), and shall
finance, acquire, design, construct, own, operate and mai.ntain the Mirabeau Point Project, and
otherwise administer its development and operation, for the benefit of and in cooperation with
the District, all subject to the limitations set forth herein.
4.2 Timeline for Development of Mirabeau Point Project. The Valley City, on behalf
and for the benefit of the Valley City and the District, shall commence construction of the
Mirabeau Point Project before January 1, 2004. The Mirabeau Point Project is expected to be
completed and placed in service on or before January 1, 2005. The estimated timeline for
financing and construction of the Mirabeau Point Project is set forth in Exhibit B. The Parties
acknowledge that the dates set forth in Exhibit B are target dates for action by the Valley City.
However, the date of commencement of construction is critical to the financing of the Mirabeau
Point Project and achieving the development schedule for the construction of the Mirabeau Point
Project. The failure of the Valley City to meet the dates set forth in the timeline for financing and
construction of the Mirabeau Point Project shall have no effect on the other provisions of this
Agreement, provided that construction of the Mirabeau Point Project commences before
January 1, 2004, as evidenced by a certificate executed by the City Manager of the Valley City
and the architect for the Mirabeau Point Project delivered to the District stating facts and
circumstances clearly demonstrating that such construction has commenced. If the Valley City
fails to commence construction of the Mirabeau Point Project before January 1, 2004, the
District's obligation to make the Mirabeau Point Payments pursuant to this Agreement shall
terminate.
4.3 Site Acquisition, Development and Ownership of Mirabeau Point Project.
4.3.1 The Valley City is proceeding to acquire from the County all real property
necessary to carry out the Mirabeau Point Project, and will have acquired ownership of such real
property prior to commencement of construction of the Mirabeau Point Project.
4.3.2 The Valley City, on behalf and for the benefit of the Valley City and the
District, shall acquire the approvals necessary and shall take such other actions as may be
required to enable the site to be suitable for use as the Mirabeau Point Project.
-14-
4.3.3 The Valley City shall periodically provide reports to the District on the
desigm, construction and operation of the Mirabeau Point Project, at least quarterly during
construction and at least annually thereafter.
4.3.4 The Valley City shall have full and complete control over the development
the Mirabeau Point Project, and shall own and operate the Mirabeau Point Project for and on
behalf of itself and the District. The Valley City shall have full and complete control over the
operation and management of the Mirabeau Point Project, subject to the terms of this Agreement.
All of the District's legally cognizable ownership interest, if any, in the Mirabeau Point Project
shall terminate and revert to the Valley City upon the termination of the District's obligation to
make Mirabeau Point Payments.
4.3.5 The District and the Valley City each find that the Mirabeau Point Project
is a viable project that is likely to commence construction before January 1, 2004. The Valley
City agrees that the general public shall have access to Mirabeau Point Project services, which
are expected to provide a regional benefit to the residents of the District and the Valley City.
4.4 Financing of Mirabeau Point Project The Valley City shall issue the Valley City
Bonds to finance a portion of the cost of the Mirabeau Point Project. The Valley City Bonds
shall be payable from and secured by a pledge of the full faith and credit of the Valley City
(within the constitutional and statutory tax limitations provided by law without a vote of the
electors of the Valley City); shall be payable on June 1 (interest only) and December 1 (principal
and interest) of each year; shall finally mature no later than June 1, 2033; and shall have such
other tends as provided in the Valley City Bond Ordinance. The District acknowledges and
agrees that, although the Valley City Bonds will be limited tax general obligation bonds pledging
the full faith and credit of the Valley City (within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the Valley City), the Valley City may at its sole
option (but is not required to) apply the proceeds of the Mirabeau Point Payments to the payment
of the Valley City Bonds. The Valley City Bonds and any disclosure documents related to the
Valley City Bonds shall contain the following statement (or substantially similar language): "The
[Valley City Bonds] are not obligations of the Spokane Public Facilities District, Spokane
County, the City of Spokane, the State of Washington or any other political subdivision of the
State of Washington other than the City. All liabilities incurred by the City with respect to the
[Valley City Bonds] shall he satisfied exclusively from the tax revenues, credit and other legally
available sources of the City and no owner of the [Valley City Bonds] or other person shall have
any right of action against or recourse to the Spokane Public Facilities District, Spokane County,
the City of Spokane, the State of Washington or any other political subdivision of the State of
Washington, or any of their respective assets, credit, revenues or services on account of any
debts, obligations or liabilities relating to the [Valley City Bonds]." Furthermore, the District
acknowledges that its obligation to make the Mirabeau Point Payments as required by Section
4.5 of this Agreement and described in the Intergovernmental Payment Schedule may be material
to the offer and sale of the Valley City Bonds, and may be disclosed to potential purchasers and
purchasers of those Valley City Bonds. At the City's request, the District. will make an
appropriate continuing disclosure undertaking in respect of the Valley City Bonds to the same
extent as if the District were treated as an "obligated person" (within the meaning of SEC Rule
15c2 -12) in respect of the Valley City. Bonds. The Valley City shall covenant in the Valley City
50385620.07
-15-
Bond Resolution to maintain the tax exemption for the Valley City Bonds, and shall provide to
the other Parties copies of annual financial information and operating data and any material event
notices filed by the Valley City with NRMSIRs pursuant to its continuing disclosure undertaking
under SEC Rule 15c2-12 in respect of the Valley City Bonds.
4.5 Mirabeau Point Payments. The District shall make Mirabeau Point Payments to
the Valley City in respect of the Mirabeau Point Project on the payment dates and in the amounts
set forth in the Intergovernmental Payment Schedule attached as Exhibit C -2 to this Agreement.
The Mirabeau Point Payments shown on the Intergovernmental Payment Schedule reflect
amounts corresponding to expected debt service on the Valley City Bonds. Upon the issuance of
the Valley City Bonds, Exhibit C -2 shall be replaced with an adjusted schedule approved by the
District, acting reasonably, to ensure, assuming Intergovernmental Payments to the County and
the Valley City are used for debt service purposes, that the amounts of the Intergovernmental
Payments are compatible with the debt service requirements of all three Parties. The District and
the Valley City recognize that the amounts on Exhibit C -2 reflect in some years amounts that are
greater than 7/96 of the expected Regional Tax Revenues in those years, and in other years
reflect amounts that are less than 7/96 of the expected Regional Tax Revenues; however, the
District is willing to allocate more than 7/96 in certain years to accommodate the Valley City in
structuring the County Bonds, recognizing that less than 7/96 may be allocated to the Valley City
in other years. The Valley City may use and apply the Mirabeau Point Payments for any
purpose in support of the Mirabeau Point Project, including the design, acquisition, construction,
equipping, financing, operating, maintaining, repairing, remodeling, and reequipping of the
Mirabeau Point Project. The District shall make the Mirabeau Point Payments solely from
Regional Tax Revenues available for that purpose in accordance with the provisions of
Section 2.7 of this Agreement. The Valley City and the District recognize and agree that the
actual amount of Regional Tax Revenues available to the District to make Mirabeau Point
Payments on any particular date set forth in the Intergovernmental Payment Schedule may differ
from the amount required to be paid on that date. So long as other District revenues, together
with Regional Tax Revenues (if and to the extent any are required), pledged to the. District Bonds
and other obligations of the District issued on a parity with the District .Bonds are sufficient to
pay and secure the District Bonds and such parity obligations in accordance with the District
Bond Resolution or other authorizing resolution, the District agrees to allocate and use Regional
Tax Revenues to make Mirabeau Point Payments when due in an amount equal to the lesser of
the amounts shown on the Intergovernmental Payment Schedule or 7 /19's of the Regional Tax
Revenues available to the District on the applicable due date; provided, that any resulting
shortfall in Regional Tax Revenues available to be allocated and used by the District to fully
satisfy debt service requirements of the District Bonds shall be an Arena Reimbursement
Obligation. If the District does not have Regional Tax Revenues sufficient to pay Mirabeau
Point Payments in full on any date as set forth in the Intergovernmental Payment Schedule, the
District shall remain obligated to pay the remaining balance due but not paid on that date (the
" Mirabeau Point Payment shortfall "), which shall be paid to the Valley City on the next
scheduled payment date from Regional Tax Revenues available to the District for that purpose in
accordance with the provisions of Section 2.7 of this Agreement, plus an additional
compensatory payment equal to the amount of interest that the Valley City would have earned if
the amount of the Mirabeau Point Payment shortfall had been invested in the County's Local
Government Investment Pool at the Intergovernmental Rate from its originally scheduled
SO S632O.O4
-16-
payment date until the Mirabeau Point Payment shortfall is paid in full. All unpaid Mirabeau
Point Payments shall be paid in full no later than December 31, 2033, and the District pledges to
use all means and resources then legally available to the District to make that payment when due.
4.6 Valley City Insurance for the Mirabeau Point Project The Valley City agrees to
acquire and maintain insurance in form and amounts as are consistent with the coverage of
comparable regional center facilities and undertakings related to said facilities as contemplated
under this Agreement and to name the District as an additional named insured thereunder.
SECTION 5 MISCELLANEOUS
5..1 Administrator of Joint Undertaking. For purposes of RCW 39.34.030(4)(a), the
Executive Director of the District shall serve as the administrator responsible for administering
the joint and cooperative undertaking among the Parties to this Agreement. There shall be no
"joint board" as that term is used in RCW 39.34.030(4)(a).
5.2 Supplemental Agreements. The Parties agree to complete and execute all
supplemental documents necessary or appropriate to fully implement the terms of this
Agreement.
5.3 Effectiveness of Agreement. This Agreement shall be effective with respect to
each Party upon execution by that Party and filing of the executed Agreement with the Spokane
County Auditor as required by the provisions of RCW 39.34.040. This Agreement and shall
continue in full force and effect until such time as all of the District Bonds and other obligations
issued or incurred by the District in connection with the development of the Regional Center
Projects, the County Bonds and the Valley City Bonds, are fully paid, retired and satisfied.
5.4 Assignment. No Party shall assign any of its rights or delegate any of its duties
under this Agreement without the express written approval of all other Parties.
5.5 Third Party Beneficiaries. Except as expressly provided by this Agreement, the
Parties shall not be obligated or liable by virtue of this Agreement to any third party. The Parties
may amend this Agreement by mutual agreement without the consent of any other third party or
the holders of the District Bonds, the County Bonds or the Valley City Bonds;provided, however
that while the District Bonds are Outstanding, no amendment by the Parties shall impair or
diminish the County's limited guaranty of the District Bonds hereunder, and while the County
Bonds or the Valley City Bonds are Outstanding, no amendment by the Parties shall impair or
diminish the District's obligations to make Intergovernmental Payment hereunder.
5.6.1 Each Party shall appear and defend any action or legal proceeding brought
to determine or contest: (i) the validity of this Agreement; (ii) the legal authority of any Party to
undertake the activities contemplated by this Agreement; or (iii) the legal authority to perform
any of the Parties' respective obligations under this Agreement. Each party shall be responsible
for its own expenses including without limitation legal expenses, in connection with any such
proceeding.
503E6820.04
5.6 Actions Contesting Agreement.
-17-
5.6.2 If all Parties are not named as parties to the action, the Party named shall
give all other Parties prompt notice of the action and provide the all Parties with an opportunity
to intervene. Each Party shall bear any costs and expenses taxed by the court against it.
5.7 Entire Agreement, Amendments and Waiver. This Agreement contains the entire
agreement and understanding of the Parties with respect to the subject matter hereof, and
supersedes all prior or contemporaneous oral or written understandings, agreements, promises, or
other undertakings by and among the Parties. This Agreement may not be modified or amended,
nor any rights thereunder waived, other than by a written instrument executed by all Parties, nor
shall any waiver of any right or remedy of any Party be valid unless in writing and signed by
such Party. No course of dealing by or among the Parties or any delay in exercising any rights
hereunder shall operate as a waiver of any rights of any Party. Nothing herein shall be deemed
to amend or supersede, or be deemed amended or superseded by, any provision of any other
agreement between the Parties with respect to the Regional Center Projects.
5.8 Governing Law; Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State. The venue of any suit or arbitration arising under this
Agreement shall be in Spokane County, Washington, and if a suit, in Spokane County Superior
Court.
5.9 Captions. The article and section captions used in this Agreement are for
convenience only and shall not control and affect the meaning or construction of any of the
provisions of this Agreement.
5.10 Notices. All notices or other communications given hereunder shall be deemed
given on: (i) 'the day such notices or other communications are received when sent by personal
delivery; or (ii) the third day following the day on which the same have been mailed by first-
class mail, postage prepaid, addressed to the Parties at the addresses set forth below for the
Parties, or at such other address as any Party shall from time to time designate by notice in
writing to the Parties:
COUNTY:
$03scam.os
Spokane County
Chair of the Board of County Commissioners
West 1116 Broadway
Spokane, WA 99260
Copy to: Office of the County Prosecuting Attorney
Attn: Chief Civil Deputy
1115 W. Broadway
Spokane, WA 99260 -0270
.FAX: (509) 477 -3672
-18-
DISTRICT:
CITY OF SPOKANE VALLEY:
sa3serono
5.11 Specific Approvals.
Spokane Public Facilities District
Chair of the Board of Directors
720 West Mallon Avenue
Spokane, WA 99201
Copy to:
City of Spokane Valley
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Copies to:
-19-
Spokane Public Facilities District
Executive Director /General Manager
720 West Mallon Avenue
Spokane, WA 99201
FAX: (509) 324 -7050
City of Spokane Valley City Attorney
Mr. Stanley Schwartz
422 W. Riverside Drive, Suite 1100
Spokane, WA 99201
City of Spokane Valley City Manager
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Such names and addresses may be changed by written notice pursuant to this provision.
5.11.1 Unless specifically otherwise provided for herein, all consents, approvals
and other decisions of the County hereunder shall be binding only if made in writing and
approved by resolution of the Board of Spokane County Commissioners. No approval, consent,
or decision of the County for purposes of this Agreement shall be effective for purposes of any
other agreement or instrument to which the County is a party or beneficiary, or for any
regulatory or other purpose.
5.11.2 Unless specifically otherwise provided for herein, all consents, approvals
and other decisions of the District hereunder shall be binding only if made in writing and
approved by resolution of the District's Board. No approval, consent, or decision of the District
for purposes of this Agreement shall be effective for purposes of any other agreement or
instrument to which the District is a party or beneficiary, or for any regulatory or other purpose.
5.11.3 Unless specifically otherwise provided for herein, all consents, approvals
and other decisions of the Valley City hereunder shall be binding only if made in writing and
approved by ordinance of the Council of Valley City. No approval, consent, or decision of the
Valley City for purposes of this Agreement shall be effective for purposes of any other
agreement or instrument to which the Valley City is a party or beneficiary, or for any regulatory
or other purpose.
5.12 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be efective and valid under applicable law, but if any
provision of this Agreement is held to be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without
affecting or invalidating the remainder of this Agreement.
5.13 Counterparts. This Agreement may be executed in counterparts, and each such
counterpart shall be deemed to be an original instrument. All such counterparts together will
constitute one and the same Agreement.
5.14 Time is of the Essence. It is hereby agreed that time is of the essence in the
performance of all covenants and conditions to be kept and performed under the terms of this
Agreement.
50396320.04
-20-
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and representatives this _ day of , 2003.
COUNTY:
SPOKANE COUNTY, WASHINGTON
BY THE BOARD OF COMMISSIONERS
SPOKANE COUNTY, WASHINGTON
John Roskelley, Chair
Phillip D. Harris, Vice-Chair
M. Kate McCaslin, Commissioner
ATTEST:
Daniela Erickson, Deputy Clerk of
the Board of County Commissioners
DISTRICT:
SPOKANE COUNTY PUBLIC
FACILITIES DISTRICT
Bill Williams, Jr., Chair
Trish McFarland, Vice -Chair
Shaun Cross, Director
Rick LaFleur, Director
C Erik E. Skaggs, Director
ATTEST:
Kevin J. Twohig, Executive Director
SO38682O.04
-2 2-
VALLEY CITY:
CITY OF SPOKANE VALLEY, WASHINGTON
Michael DeVleming, Mayor
ATTEST:
Christine Bainbridge, City Clerk
503663:0.03
-23-
EXHIBIT A
REGIONAL CENTER PROJECT DESCRIPTIONS
CONVENTION CENTER PROJECT
Acquisition of an interest in, construction of improvements to and the expansion of the real
property located in the City of Spokane, commonly known as the Spokane Convention Center,
including without limitation, an expanded convention center with approximately 100,000 square
feet of exhibit space, 30,000 square feet of ballroom space and 37,5000 square feet of meeting
space, together with contiguous parking facilities consistent of approximately 800 parking
spaces. The Convention Center Project includes capital improvements and remodeling of the
Spokane Convention Center, the Spokane Opera House and the Washington State International
Agricultural Trade Center.
Construction of improvements to real property located in Spokane County commonly known as
the Spokane County Fair & Exposition Center, including, without limitation: the reconstruction
of grandstands in order to accommodate 5,000 persons; the construction, improvement and
expansion of meeting facilities; the installation of new roofing, heating and air conditioning
systems; a food court expansion; and other capital improvements.
Construction of improvements to real property located in the City of Spokane Valley commonly
known as Mirabeau Point, including without limitation, an approximately 48,000 square foot
multi- purpose facility including a cultural and performing arts center, a conference center and a
senior and community center.
5@385320.04
A -2
FAR & EXPO CENTER PROJECT
A -3
MIRABEAU POINT PROJECT
A -1
5/02 —12/03 Property Acquisition
7/03 - 9/04 Design Development and Construction Documents
12/03 Commence Construction
12/03 —10/06 Construction
8/06 Move -in
30336620.04
EXHIBIT B
EXPECTED TIMELINES FOR FINANCING AND CONSTRUCTION
OF THE REGIONAL CENTER PROJECTS
B-1
CONVENTION CENTER PROJECT
B -2
FAIR & EXPO CENTER PROJECT
2/03 —1/04 Design Development
2/03 Commence Construction
2/03 — 1 /05 Construction
8/03 Construction of Grandstand Completed
1/05 Completion of All Construction
B-3
MIRABEAU POINT PROJECT
11/02-10/03 Design Development
12/03 • Commence Construction
12/03 -4/05 Construction
4/05 Completion of Construction
B -1
EXTHIBIT C
C -1
FAIR & EXPO CENTER PAYMENTS
Semiannual Semiannual
Date Payment Date Payment
12/01/03 245,860.59 06/01/19 267,931.25
06/01/04 292,500.00 12/01/19 562,931.25
12/01/04 292,500.00 06/01/20 260,931.25
06/01/05 292,500.00 12/01/20 620,931.25
12/01/05 297,500.00 06/01/21 252,381.25
06/01/06 292,425.00 12/01/21 682,3 81.25
12/01/06 317,425.00 06/01/22 242,156.25
06/01/07 292,050.00 12/01/22 742,156.25
12/01/07 322,050.00 06/01/23 23 0,256.25
06/01/08 291,625.00 12/01/23 815,256.25
12/01/08 331,625.00 06/01/24 216,343.75
06/01/09 290,975.00 12/01/24 881,343.75
12/01/09 340,975.00 06/01/25 199,518.75
06/01/10 290,125.00 12/01/25 949,518.75
12/01/10 350,125.00 06/01/26 180,543.75
06/01/11 288,925.00 12/01/26 1,025,543.75
12/01/11 363,925.00 06/01/27 159,165.63
06/01/12 287,556.25 12/01/27 909,165.63
12/01/12 372,556.25 06/01/28 140,190.63
06/01/13 285,681.25 12/01/28 910,190.63
12/01/13 390,681.25 06/01/29 120,709.38
06/01/14 283,581.25 12/01/29 985,709.38
12/01/14 398,581.25 06/01/30 98,821.88
06/01/15 281,443.75 12/01/30 1,043,821.88
12 /01 /15 411,443.75 06/01/31 74,912.50
06/01/16 278,931.25 12/01/31 1,119,912.50
12/01/16 428,931.25 06/01/32 48,475.00
06/01/17 275,931.25 12/01/32 1,203,475.00
12/01/17 440,931.25 06/01/33 19,250.00
06/01/18 272,631.25 12/01/33 789,250.00
12/01/18 507,631.25
5o E20.M
Date
C -2
MIRABEAU POINT PAYMENTS
Semiannual
Payment
12/01/03 06/01/19
06/01/04 12/01/19
12/01/04 06/01/20
06/01/05 12/01/20
12/01/05 06 /01/21
06/01/06 12/01/21
12/01/06 06/01/22
06/01/07 12/01/22
12/01/07 06/01/23
06/01/08 12/01/23
12/01/08 06/01/24
06/01/09 12/01/24
12/01/09 06/01/25
06/01/10 12/01/25
12 /01 /10 06/01/26
06/01/11 12/01/26
12/01/11 06/01/27
06/01/12 12/01/27
12/01/12 06/01/28
06/01/13 12/01 /28
12/01/13 06/01/29
'06/01/14 12/01/29
12 /01 /14 06/01 /30
06/01/15 12/01/30
12/01/15 06/01/31
06 /01 /16 12/01 /31
12/01/16 06/01/32
06/01/17 12/01/32
12/01/17 06/01/33
06/01/18 12/01/33
12/01/18
C -2
Date
Semiannual
Payment
s 4.0Valley
likane
Memorandum
To: Dave Mercier, City Manger
From: Mike Jackson, Parks and Recreation Director A /�
CC: Nina Regor, Deputy City Manager
Date: 8/18/03
Re: Splashdown Lease
11707 E Sprague Ave Suite 106 + Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org
As you know Mr. and Mrs. Jeff and Debbie Weisen, alone with Mr. and Mrs. Dave Finney have
requested consideration of a 20 year lease in Valley Mission Park for Splash Down Water Park.
Please note that the Finney's are not named in the proposal from Splash Down dated July 17,
2003 but they will be partners in the lease. The current lease (with Spokane County) is held by
Mr. William L. Bleasner, President of Splash Down Concessions Inc.
After further discussions with Jeff and Debbie Weisen, it is my understanding that a 20 year
lease is a mandatory requirement of their lender. Therefore, a lease with 5 year terms would not
work for them. Also, they have said that their impending purchase of Splash Down is contingent
on their ability to expand and they need to complete at least one phase of that expansion prior to
the 2004 season
With regard to the tennis courts and basketball courts that would be removed, they appear to be
in good condition. They are in need of maintenance such as crack repair and re-
sealingfrepainting. The basketball courts appear to receive more use than the tennis courts.
However, no real determination has been made as to the availability and demand of these
facilities throughout the neighborhood or the City. Since time does not permit this, I would
simply note that the worst case scenario would be the relocation of the basketball courts or tennis
courts elsewhere in the park or the City.
Given the opportunity, it would be highly beneficial to complete a parks and recreation master
plan, including a long -range perspective on aquatic facilities. This would help to ensure that the
City is developing a parks and recreation system that best serves our community for the long
term. I should also note that the Weisens have said there is a possibility that their first phase of
expansion could take place within the boundaries of the existing lease. If they select this
alternative, it may still provide the City the opportunity to frame out a master plan, prior b the
next phase of construction
Existing Lease w/Spokanc County
Lease Requested by Splashdown
20 Years
Lease term July 26, 2002 to July 25, 2007 with
a 5 year renewal.
10% of gross revenue up to $300,000.
10% of gross revenue up to $300,000.
5% of gross revenue in excess of $300,000. .
5% of gross revenue in excess of $300,000. .
15% of gross concession receipts for first 5
year t om.
.10% of gross concession receipts for full term
(Based on the 2002 season the proposed lease
would result in $170.00 less revenue to the
City) After $300,000 would result in $10 less
for every $100 grossed in concessions.
20% of gross concession receipts *for second 5
year term.
10% of gross concession receipts for full term
(Based on 2002 season the proposed lease
would result in $340 less revenue) After
$300,000 would result in $15 less for every
$100 gross in concessions).
2.56 acres more or less.
-
Requested lease to include additional land
including 2 tennis courts and 1 basketball
court, about .65 acre. =
•
The Weisens will be providing evidence of insurability alone with a statement from their lender.
They also will provide the full names of all partners involved in the proposal.
Following is a comparison of selected details of the existing lease vs. the new lease proposal. I
have also indicated some of the pros and cons from a parks and recreation perspective.
Splashdown Proposal 8/18/03
Comparison
2
• PROS
CONS
The expansion will provide additional aquatic
facilities for public use.
Long term agreement without benefit of
aquatic master plan/public input for new City
ofS•okane Valle .
A long teml contract alleviates City burden to
p rovide similar facili .
Unsure of communitylong -ranee expectation
of aquatic facili .
Splashdown has a very successful 20 year
history at its location in Valley Mission Park.
Splashdown is a local tradition/landmark for
many people.
Removal of tennis courts and basketball courts
estimated replacement cost S75- 100,000.
Replacement of courts is not part of lessee's
proposal.
Splashdown provides dependable income to
the City. Expansion should result in additional
income to the City.
The potential impact on the public of removing
the park facilities is an unknown factor at this
time. Additional park space may be needed for
future expansion of splashdown.
Acreage in Valley Mission does exist for •
current and future expansion.
Parking is a concern at this location. Close
proximity of proposed Splashdown
improvements to Valley Mission Park may
make it more difficult to operate Splashdown
and City pool independently.
Current managers are prepared to move ahead.
May be difficult to find willing lessee in the
future.
Splashdown Proposal 8/1
Pros and Cons
Attachment: Sketches of Proposed Splashdown Addition to Lease
3
• -; • :
ttrr- •
• • . •
* -•
' P r . • , —
•
, (vr•-zr-4:20cormi
. . •
•
•,
..-•• • • •-•. • • •
. . - -t•L; 11 7 7 -. 2
AT] :CTIS
•dc•
go a
xbnii c77
• ClrOrd-C riT1 a
•
I
3SVal 1:11 N0I.I.,10(117 1
gasoania.
ri•kla 241T3011,1_.
.3,47aaturier-
t
•
.•
4:71m1.4.
• ' • •
•
-
,
tJ •,
• t
_
' . ,
- 7y.
- • '''''' ''''' ''''' 717 . '''''
-•... ''''' - " ••
11.11.1,1
1.1C.11;
I TE PLAN
C9 C - 1 1 1 1 1 1 1 1 .1 1 1 1 1'1 1 1 1- 1
. . 9 • ••• -99 ,
• ••• ' • • - • •
1 L1\4
......
.....
-.• ...... .
• 71
_-1-. ..... .
9-4
14 • I Li= 11•Uld
11.1111 iTiLUE .9"
9 911y
9 '1
••• 7.:=.7=7:::=42;'24 . 7
..... 1.3.4a
111311•
p. b.! ■.• tT
▪ - S
• Mei R /.0 hurr 41.0s•roe 114
•-•co6Equus1 au mitnE , •
b•hp}ii.blar•{E.Fip. • rel 4:9•01:17
'• • I . •
▪ i .
PROPOSED
NEW ADDITION
I" = 80' (approx)
.....
...
L•111.1141.
.17i1711 • .......
.... ;.. ;
.....
.....
......
......................
NORM
S p�kane
/
Memorandum
To: Mayor DeVleming and Members of Council
From: Nina Regor, Deputy City Manager —
CC: Dave Mercier, City Manager
Date: August 15, 2003
Re: Draft Goals for 2004
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhalloDspokanevalley.org
On August 11, Council met to discuss the 2004 budget, along with goals and priorities. Staff
submitted some suggestions in advance of that meeting, and Council members identified
additional items. After the meeting I did add one item pertaining to the web site.
Attached are two documents, based on the August 11 meeting. Attachment 1, Draft 2004
Guiding Principles, Goals and Department Workplan Activities, takes all of the items and shows
how they relate.
Council and staff suggestions fell into.a variety of categories.
• Guiding principles are over - arching statements that govern our actions and decisions.
• Goals are the organization's priorities set by the Council..
• Subgoals are specific activities designed to help achieve those goals. Subgoals have at
least one decision point. requiring Council action.
• Department workplan activities associated with goals are strictly administrative in nature.
Some of the staff suggestions are Department workplan activities, but are not directly connected
with the identified goals. These are listed at the end of Attachment 1, and it is important to note
that it is by no means a complete list of activities.
Attachment 2, .Draft 2004 Goals Table, is a cross reference.
Please let me know if you have questions about the draft, or would like to rnakc revisions. At a
later date, we'll come forward with a proposed process for developing the City's mission and
vision.
City of Spokane Valley
Draft 2004 Guiding Principles, Goals and
Department Workplan Activities
Based on Council Study Session, August 11, 2003
Attachment 1
Note: Guiding Principles and Goals are numbered for ease of reference, and not intended to reflect relative
priority.
Guiding Principles
1. Maintain current service level, especially core services, to the greatest degree
possible.
2. Live within current sources of revenue, i.e., no increase in taxes or tax rates, if
possible.
3. Maintain a business friendly environment.
Goal 1: Experiment with a Managed Competition Program
designed to ident alternative service providers at more economical
rates than accorded by current service providers.
Goa 11 Subgoals:
1.1 Develop a long -term approach for library services for City of Spokane Valley
residents.
1.2 Develop a long -term approach for fire services for City of Spokane Valley
residents.
1.3 Assess cost effectiveness of Court- related contracts.
Draft 2004 Guiding Principles, Goals and Department Workplan Activities, continued
August 14, 2003
Page 2 of 4
Goal 2: Initiate the Development of Spokane Valley's First Comprehensive Plan
which will create the City's long -term vision and link transportation
system improvements to land use goals in support of that vision.
Goal 2 Subgoals:
2.1 Develop a Parks and Recreation Master Plan.
2.2 Establish development regulations implementing the Comprehensive Plan in a
Uniform Land Development Code, to include subdivision requirements, zoning
regulations, development standards, building codes and engineering details.
23 Develop a plan for maintaining the transportation system, including evaluation of
a local funding source.
2.4 Develop a strategic annexation program:
Goal 2 Department Workplan Activities:
• Complete the initial draft on the Comp Plan, including the land use,
transportation, parks and recreation, and capital facilities elements. (Lead —
Community Development)
• Develop and implement a public participation program Potential techniques
include electronic newsletter; informational brochures; and citizen surveys, as
well as meetings with citizen groups, neighborhoods, and other special interest
groups. (Lead — Community Development)
• Integrate the State Environmental Policy Act (SEPA) into the Comp Plan. (Lead
— Community Development)
Goal 3: Continuously Improve Overall Communication
between government and its citizens, between staff and Council, among
staff and among Council members.
Goal 3 Department Workplan Activities:
• Initiate development of an interactive web -based GIS. (Lead — Public Works)
• Publish all Planning Commission agendae, Comprehensive Plan and development
regulation drafts on the web. (Lead — Community Development)
• Initiate records storage and retrieval system. (Lead — City Clerk)
• Publish Facts & Figures — City of Spokane Valley, to include demographics,
permit activity, City contact information, etc. (Lead — Administration ?)
• Further develop the City's web site to enhance citizen participation. (Lead —
Administration)
Draft 2004 Guiding Principles, Goals and Department Workplan Activities, continued
August 14, 2003
Page 3 of 4
Goal 4: Develop a Five -Year Strategic Financial Plan
that forecasts revenues and expenses as well as identifies funding and
financial challenges and options.
Goal 5: Develop and Strengthen External Relations
to advance the interests of Spokane Valley through interaction and
advocacy with neighboring jurisdictions, the state legislature, funding
boards and commissions, the congressional delegation and statewide and
national municipal organizations.
Goal 5 Subgoals:
5.1 Maximize coordination among agencies.
Goal 6: Develop an Approach for Long - Term Wastewater Services
including the evaluation of a regional system option.
Goal 6 Subgoals:
6.1 Develop a funding plan for extended road surfacing as part of sewer improvement
projects.
Draft 2004 Guiding Principles, Goals and Department Workplan Activities, continued
August 14, 2003
Page 4 of 4
Other Department Workplan Activities
Community Development
• Streamline permit issuance and inspection processes with a goal for same -day
inspections and predictable (48 -96 hour) turnaround an plan review.
• Cross -train and certify code compliance and building inspections personnel.
• Develop informational brochures, including Everything You Wanted to Know
about Getting a Building Permit and Development 101 in Spokane Valley.
• Streamline development review processes. (Note: this activity includes other
City departments and other agencies.)
• Enhance citizen self-help area. (Note• this activity includes other City
departments, especially Public Works.)
Deputy City Manager
• Develop and evaluate, options for a City Hall. (Note: this activity includes other
City departments, especially Public Works.)
Parks & Recreation
• Manage the construction phase of the Mirabeau Point CenterPlace project to
ensure the facility meets the timeline for occupancy in 2005. (Note: this activity
includes other City departments, especially Public Works.)
Public Works
• Manage contracts with Spokane County and others for public works services and
construction.
• Provide engineering services to support City projects and the City's planning and
building activity.
• Seek grant support for City public works projects.
Potential Future Goals
• Address the City's role in social service, economic development and arts &
cultural issues in the community.
GOALS
CATEGORY
LEAD
Possible Goals from Staff:
1. Manage the Construction Phase of the
Dept. workplan
Parks /PW
Mirabeau Point CenterPlace Project so that the
facility meets the timeline for occupancy in 2005.
2. Experiment with a Managed Competition
Goal
CM/DCM
Program designed to identify alternative service
providers at more economical rates than accorded
by current service providers.
3. Initiate the Development of the First
Goal
CD
Comprehensive Plan for Spokane Valley that
will create the City's long -term vision and link
transportation system improvements to land use
goals that support achieving the adopted vision.
4. Overall Communication.
Goal
Citywide
.
Finance
5. Develop a Five -Yeas Strategic Financial Plan
Goal
that forecasts revenues and expenses as well as
identifies funding and financial challenges and
options.
6. Develop and Strengthen External Relations that
Goal
Council/CM
advance the interests of Spokane Valley through
interaction and advocacy with neighboring
jurisdictions, the state legislature, funding boards
and commissions, the congressional delegation and
statewide and national municipal organizations.
7. Determine if we are Going to Contract or
Subgoal to #2
DCM
Annex LibraDistrict or start our own.
8. Determine if we are going to contract or annex
Subgoal to #2
DCM
Fire District or start our own.
9. Assess Cost Effectiveness of Court Related
Subgoal to #2
CA
Contracts and determine if we should provide
these services ourselves.
10. Manage Contracts with Spokane County and
Dept. workplan
PW
Others for public works services and construction.
11. Provide Engineering Services to support City
Dept. workplan
PW
Projects and the City's planning and building
activity.
12. Seek Grant Support for City public works
Dept. workplan
PW
projects.
r
City of Spokane Valley
Draft 2004 Goals Table
Based on Council Study Session August 11, 2003
Attachment 2
13. Develop a Parks and Recreation Master Plan.
Subgoal to 43
Dept workplan for #4
Parks
PW
14, Initiate Development of an Interactive Web-
Bascd G1.S.
15. Publish all Plannin_ Commission A_cndas,
Dc.t. workplan for 44
CD
Comprehensive Plan and Revel <,prn ent
ulation Drafts on the web.
16, Initiate Records Storags and Retrieval Systcm.L
workplan for #4
Dept. workplan for #4
Dew- workplan — --
Dept workplan
. City Clerk
Administration
D
CD
17. Publish "facts SL Figures - City.of Spolulne
Valley" to include demographics, permit activity,
the names and addresses of elected City, county,
and state officials, etc.
IS. Streamline Permit Issuance and Inspection
Processes with a goal of same clay inspections and
predictable (48 -9 hour) turnaround on plan
review.
19. Cross - training and Certification of Code
Compliance and Building„ Ynspections
Personnel-
?0. Informational 'Brochure - "Everything you
Dept workplan -
Subgoal to 3
CD
1 CD
wanted to know about getting a Bu.ildirt Permit "..
21,. In cooperation with other departments and
agencies, Establish Development Regulations
fmplementina the Comprehensive Plan in a
Uniform Land Develo u ment Code, to include
subdivision requirements, z. ring regulations,
development standards, building codes and
engineering details, -
2 . Streamline Development Review Processes to
Del. workplan
DDepi workplan
Dept- workplan
Dept, workplan for 43
Dept. workplan for 43
C D
CD
D/PW
CD
CD
include all reviewing departments and agencies.
23. informational Brochure – "Development 101 in
okane Valley"
24. • Enhance Citizen Self -Hcl Area.
25. Develop and Implement a Public Participation
T. foram for the ComprehenRive Plan. Public
participation techniques include electronic
. newsletter, public information brochures, citizen
surveys, informational meetings with citizen
groups, neighborhoods, and other special interest
grou #s-
_
26. Complete Initial 'Draft on the irv's
Comprehensive Plan, specifically the land use,
transportation, parks and recreation, and capital
facilities elements. Consultant assistance may be
required for the transportation, parks and
recreation, and capital facilities elements. -
Draft 004 Coil Is Table, continued
Wage 2 of 3
GOALS
CATEGORY
LEA)
27. State Environmental Policy Act (SEPA)
Dept. workplan for #3
CD?
integration into the comprehensive planning
process. Consultant assistance anticipated to
comply with the SEPA requirements of the
comprehensive plan.
Council Suggestions:
28. Minimum — Maintain Current Service Level.
Guiding Principle
(combine with #30)
29. Address:
Future
• Social Services
• Economic Development
• Arts & Culture
30. Don't Reduce Core Service — treat as living
Guiding Principle
(combine with 428)
document (i.e., make changes).
31. Wastewater Treatment:
Goal
• Subgoal
PW
• Roads funding
32. No Increase in Taxes (or tax rates) if possible.
Guiding Principle
(Live within current sources of revenue.)
33. Plan for Maintaining Transportation System:
Subgoal to 43
PW
• Local funding source?
34. Maintain Business - Friendly Environment
Guiding Principle
35. Maximize Coordination Among Agencies
Sub • oal to #6
36. Options for City Hall (alternatives).
Dept. workplan
Sub oal to 43
DCM/PW
CD
37. Develop a Strategic Annexation Program
Added Post August 11, 2003:
38. Further Develop the City's Web Site to enhance
•
Dept. work for #4
Administration
citizen participation
Draft 2004 Goals Table, continued
Page 3 of 3
GOALS
CATEGORY
LEAD
CA = City Attorney; CM = City Manager; CD = Community Development;
DCM = Deputy City Manager; PW = Public Works
Spokane
jValley
Memorandum
To: Dave Mercier, City Manager
From: Mike Jackson, Parks and Recreation Director.*
CC: Nina Regor
Date: 8/18/03
Re: Metropolitan Tax Districts
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org
As requested, I have completed preliminary research on Metropolitan Park Districts in
Washington.
There are three Metropolitan Park Districts in Washington as of April 2003: Pierce County,
Whitman County and King County. The Cities include Tacoma, Pullman and North Bend,
respectively.
According to the Municipal Research Services Center of Washington
(www.rn.rsc.orgpublications) downloaded 8/10/03, "Special districts provide a means for
citizens to obtain services when they are not otherwise available from a City or County ".
The formation of a "Metropolitan Park District" is provided for. in Chapter 35.61 of the Revised
Code of Washington (RCW).
There are two methods by which a Metropolitan Park District can be formed:
1. The governing body (City of Spokane Valley) adopts a resolution submitting a ballot
proposition to create a Metropolitan Park District. If a majority of voters then vote in
favor of the formation of a Metropolitan Tax District, the District is formed immediately
upon certification of the election results.
2. A ballot proposition is submitted if a petition proposing the creation of a Metropolitan
Park District is submitted to the County Auditor. The petition must be signed by at least
15% of the registered voters residing in the area to be included in the petition. Again, if a
majority of voters then vote in favor of the formation of the Metropolitan Tax District,
the District is formed immediately upon certification of election results.
Important Note: The resolution or petition submitting the ballot proposition is required to
designate the composition of the Board of Metropolitan Park Commissioners.
The alternatives are:
1. The Board of Park Commissioners may be elected at the same election at which the
proposition is submitted.
2. If the district is wholly located within a city or within the unincorporated area of a
county, the Board may be separately elected, or the governing body of the city (city
council) may serve as the Board of Metropolitan Park Commissioners.
3. If the proposed district is located within a combination of cities and counties, each city
governing body and county legislative authority may select one or more members from
each to serve as the board. The size and membership of the board is determined through
an Interlocal agreement.
As per RCW 35.61.100, without popular vote, Metropolitan Park Districts may incur
indebtedness not exceeding .25 percent of the value of the taxable property in the district.
A District may incur higher debt with a popular vote, but it may not exceed 2.5 percent of the
value of the taxable property in the district.
There are other powers associated with a Metropolitan Park District as well.
• A Metropolitan Park District has the right of eminent domain. They may purchase,
acquire and condemn lands for parks and other uses.
• A park district may sell or exchange property it has declared surplus.
Metropolitan Park District Tax Levy
The Board of Park Commissioners (city council if council is the Board) may levy a general tax
on all the property within the district not to exceed 50 cents per thousand dollars of assessed
value of the property within the district.
The Board may also levy a second general tax on all property within the district not to exceed 25
cents per thousand dollars of assessed valuation.
Because the Municipal Park District is a separate entity, they may levy a property tax
independent of the City property tax limitations. However, per RCW 84.52.043 there is an
aggregate limit of the sum of specific regular levies. This is known as the $5.90 limit In 2003,
using Spokane County and City of Spokane (numbers were not available for City of Spokane
Valley) in the example, the aggregate limit of the specific regular levies was 4.8999 which was
below the $5.90 limit by $1.0001. Theoretically, in that case, a Municipal Park District would
have the capability to levy both the $.50 and $.25 tax for a total of $.75/thousand of assessed
property value. In the event the aggregate sum of specific levies exceeds the $5.90 limit, various
levies (including one or both of the Municipal Park District levies) would be "prorationed."
The Board is also authorized to call a special election for the purpose of submitting to the
qualified voters of the park district a proposition to levy a tax in excess of the 75 cents per
thousand described above. As per RCW 35.61.210 "The Board is hereby authorized to levy a
2
general tax in excess of its regular property tax levy or levies when authorized to do so at a
special election conducted in accordance with and subject to all the requirements of the
Constitution and laws of the sate now in force or hereafter enacted governing the limitation of
tax levies."
The Board may designate improvements to parkways, avenues, streets or boulevards. If they
deem any portion of these improvements to be of special benefit to neighboring properties, the
Board can petition City Council to assess improvements against the properties.
A city may grant or loan money to a Metropolitan Park District that is financially unable to
provide for operation, maintenance and improvement of the parks and other properties under its
control.
A city may turn over its lands for playground, park or parking purposes to the Metropolitan Park
District.
Cities Interviewed
I called and talked to recreation departments in Tacoma and in Pullman. Tacoma utilizes a board
elected solely as the Board of Park Commissioners. Therefore, "Metro Parks Tacoma ", operates
independently of city council. Metro Parks Tacoma receives about $9 million per year from
property tax assessments that goes to parks and recreation.
The City of Pullman formed their Metropolitan Park District in 2002. Their district Board is
comprised of the City Council. Pullman utilizes the Park District as a means to meet financial
challenges. The Park District is generating approximately $373,000 for Pullman aquatics, parks
and recreation. In Pullman, the increased taxes were simply used to help maintain the status quo
of their department. In other words, forming the tax district did not allow for new services, it
simply allowed them to continue some of their existing services. l was told this has possibly been
the biggest downside in Pullman The citizens can't really "see" their new taxes at work.
I spoke with our Finance Director, Ken Thompson. Ken estimated that a $.25 property tax levy
for a Municipal Park District within the boundaries of the City of Spokane Valley would
generate about $1 million in tax revenues for parks and recreation.
Summary
Metropolitan Tax Districts are rare in Washington. However, I was told by individuals in
Pullman and Tacoma that they have been receiving numerous inquiries such as ours, from a
variety of cities.
The above is a general overview of Metropolitan Park Districts. Please let me know if you have
any questions or would like additional information.
Attachments: Pullman Resolution & Fact Sheet
3
printfile Page 1 of 6
Not an official copy.
City of Pullman
RESOLUTION NO. R- -02
Municipal Research. & Services Center of {Washington
A RESOLUTION PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF
PULLMAN AT THE SEPTEMBER ELECTION, FOR THEIR APPROVAL OR REJECTION, PROVIDING FOR AUTHORITY TO CREATE
A METROPOLITAN PARK DISTRICT PURSUANT TO CHAPTER 35.61 RCW TO BE GOVERNED BY THE CITY COUNCIL OF THE
CITY OF PULLMAN SERVING AS THE EX OFFICIO BOARD OF COMMISSIONERS OF SAID METROPOLITAN PARK DISTRICT;
SETTING FORTH THE BALLOT PROPOSITION; AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY TO THE COUNTY
AUDITOR A CERTIFIED COPY OF THIS RESOLUTION; DECLARING AN EMERGENCY AND PROVIDING FOR OTHER MATTERS
PROPERLY RELATED THERETO.
WHEREAS, the city of Pullman is an Optional Municipal Code City, located in Whitman County, Washington, duly
organized and existing pursuant to the laws of the state of Washington; and,
WHEREAS, Chapter 35.61 RCW authorizes a city to create a metropolitan park district wholly within its boundaries;
and
WHEREAS, the City's General Fund is facing a shortfall in excess of $1.7 million for calendar year 2003; and,
WHEREAS, across -the -board reductions in expenditures paid from the General Fund could require a 15% or larger
cut in individual departments or services; and,
WHEREAS, Parts and Recreation derives substantially all its funding from the General Fund. Additional funding is
received in the form of gifts and user charges; and,
WHEREAS, the City Council has taken steps to increase user fees and charges for facilities and services provided by
Parks and Recreation; and,
WHEREAS, in order to minimize the impact of cuts in services to people using Pullman Parks and Recreation facilities
and services the City Council has directed City staff to prepare a proposition to be placed on the September 2002
ballot authorizing the creation of a metropolitan park district pursuant to Chapter 35.61 RCW; and,
WHEREAS, a metropolitan park district has additional and independent authority to tax property to raise funds
restricted to parks and recreation purposes provided for in Chapter 35.61 RCW; and,
WHEREAS, Pullman Parks and Recreation are an essential element to the livability, public health, safety and welfare
of Pullman residents; and,
WHEREAS, the City of Pullman does not have available sufficient moneys to sustain and maintain the facilities and
services of Parks and Recreation departments of the City; and,
WHEREAS, in order to provide and maintain the Parks and Recreation facilities and services an additional source of
funding is necessary; and,
WHEREAS, it is necessary that the funds needed for such expenditure be raised by an additional regular taxes levied
in accordance with the law; now, therefore,
http:// www. mrsc. org/ printfile. aspx? prntPath= %2fUrds %2fFiles %2fP8rMPD.htm 8122t2003
printfile Page 2 of 6
BE IT RESOLVED by the City Council of the City of Pullman:
1. Election. The City Council herein calls a special election within the city on Tuesday, September 17, 2002, for the
purpose of submitting to the qualified electors of the City, for their approval or rejection a proposition to create a
metropolitan park district with the authority to levy a general tax on property within the boundaries of the district as
provided in RCW 35.61.210.
2. Ballot Proposition. The proposition to be submitted to the electorate of the City of Pullman shall read substantially
as follows:
METROPOLITAN PARK DISTRICT
CITY OF PULLMAN
Pursuant to Resolution No. R- -02 passed on June , 2002, by the City
Council of the City of Pullman, shall a metropolitan park district co- extensive
with the limits of the City of Pullman as now or hereafter established be
created and governed by the City Council of the City of Pullman as the ex
officio Board of the metropolitan park district commissioners to support the
aquatics, parks and recreation programs?
INSTRUCTIONS TO VOTERS
To vote IN FAVOR of the foregoing Proposition, mark a cross (X) in the "FOR THE FORMATION OF A
METROPOLITAN PARK DISTRICT TO BE GOVERNED BY THE CITY COUNCIL OF THE CITY OF PULLMAN
AS THE EX OFFICIO BOARD OF THE METROPOLITAN PARK DISTRICT, YES" square.
To vote AGAINST the foregoing Proposition, mark a cross (X) in the °AGAINST THE FORMATION OF A
METROPOLITAN PARK DISTRICT, NO" square.
FOR THE FORMATION OF A METROPOLITAN PARK DISTRICT TO BE GOVERNED BY 9
THE CITY COUNCIL OF THE CITY OF PULLMAN AS THE EX OFFICIO BOARD OF THE
METROPOLITAN PARK DISTRICT, METROPOLITAN PARK DISTRICT, YES
AGAINST THE FORMATION OF A METROPOLITAN PARK DISTRICT, NO 9
3. Polling Hours. The special election will be held on Tuesday, September 17, 2002. Polls will open at 7:00 o'clock
a.m. and will remain open until 8:00 o'clock p.m., when they will close.
4. Polling Places. The location of the polling places shall be determined by the Whitman County Auditor, as ex officio
Supervisor of Elections for the City.
5. Emergency. The Council hereby finds and declares that an emergency exists, due to the need for parks and
recreation facilities and services. Said emergency requires the City to conduct a special election at the next election
date, and requires the submission to the qualified electors of the City for their ratification or rejection at said special
election, of the proposition as set forth above. The Finance Director or his designated representative of the City is
hereby authorized and directed to deliver a copy of this Resolution to the Whitman County Auditor, as the City's ex
officio Supervisor of Elections, at least 45 days prior to the election date.
6. County Auditor. The Whitman County Auditor, as the City's ex officio Supervisor of Elections is hereby requested
to also find the existence of such emergency and to deem the same to exist and to call and conduct said special
election on Tuesday, September 17, 2002, and to submit to the qualified electors of the City the proposition as set
forth herein.
7. Notice. The Whitman County Auditor shall cause a notice of special election substantially in the form attached as
Exhibit "A° to be published at least once in a newspaper of general circulation within the City. Such publication shall
take place not more than ten days nor less than three days prior to September 17, 2002.
8. Canvas. The Whitman County Auditor, as the City's ex officio Supervisor of Elections, shall conduct the election,
http:/l www. mrsc. org/ printfile. aspx? prntPath= %2fOrds %2fFiles %2fP8rMPD.htm 8/22/2003
printfile Page 3 of 6
canvas the vote and certify the results In the manner provided by law.
9. Effective Date. This Resolution shall be in full force and take effect immediately.
ADOPTED by the City Council of the City of Pullman at a regular meeting held on the day of , 2002.
DATED this
Mayor
ATTEST:
Finance Director
* * * * * * * * * * * * * * * *
CERTIFICATE
AYES, and in favor thereof:
NAYS:
ABSENT:
ABSTAIN:
day of , 2002.
I, Jane Joyce, Deputy Clerk of the City Council of the City of Pullman, Washington, hereby certify that the foregoing
Resolution is a full, true and correct copy of a resolution duly passed and adopted at a regular meeting of the City
Council of the City, duly held at the regular meeting place thereof on , 2002, of which
meeting all members of said Council had due notice, and at which a majority thereof was present; and that at said
meeting said resolution was adopted by the following vote:
I further certify that I have carefully compared the same with the original resolution on file and of record in my
office; that said resolution is a full, true and correct copy of the original adopted at said meeting; and, that said
resolution has not been amended, modified or rescinded since the date of its adoption.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City on
2002.
CITY OF PULLMAN
Whitman County, Washington
By:
Jane Joyce
Deputy City Clerk of the City
Council
http: / /www.mrsc.org/printfile. aspx ?prntPath= %2ford s %2f Files %2fF'BrMPD.htm
8/2212003
printfile
(SEAL)
CITY OF PULLMAN
Whitman County, Washington
NOTIC OF SPECIAL_EIECTION
NOTICE IS HEREBY GIVEN that a special election will be held within the City of Pullman, Washington (the "City "), on
SEPTEMBER 17, 2002
between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m. on said date, for the purpose of submitting to the qualified
electors, for their ratification or rejection, the proposition, all as more fully set forth in Resolution No. R- -02, adopted by
the City Council of the City on , 2002, to levy a permanent regular property tax of $.50 per
$1,000 of assessed valuation over and above the statutory limit for parks and recreation facilities.
The proposition shall be substantially the following form:
METROPOLITAN PARK DISTRICT
PROPOSITION NO.
CITY OF PULLMAN
Pursuant to Resolution No. R- -02 passed on June , 2002, by the City Council of the City of Pullman,
shall a metropolitan park district co- extensive with the limits of the City of Pullman as now or hereafter
established be created and governed by the City Council of the City of Pullman as the ex officio Board of the
metropolitan park district commissioners to support the aquatics, parks and recreation programs?
INSTRUCTIONS TO VOTERS
To vote IN FAVOR of the foregoing Proposition, mark a cross (X) in the FOR THE FORMATION OF A
METROPOLITAN PARK DISTRICT TO BE GOVERNED BY THE CITY COUNCIL OF THE CITY OF PULLMAN AS THE
EX OFFICIO BOARD OF THE METROPOLITAN PARK DISTRICT, YES" square.
To vote AGAINST the foregoing Proposition, mark a cross (X) in the "AGAINST THE FORMATION OF A
METROPOLITAN PARK DISTRICT, NO" square.
FOR THE FORMATION OF A METROPOLITAN PARK DISTRICT TO BE GOVERNED BY 9
THE CITY COUNCIL OF THE CITY OF PULLMAN AS THE EX OFFICIO BOARD OF THE
METROPOLITAN PARK DISTRICT, METROPOLITAN PARK DISTRICT, YES
AGAINST THE FORMATION OF A METROPOLITAN PARK DISTRICT, NO 9
Said election will be held on Tuesday, September 17, 2002. The polls will be open from 7:00 o'clock a.m. and will remain
open until B:00 o'clock p.m., when they will close.
The location of the polling places shall be as follows:
Precinct Location
l ~
:IaTED as of , 2002.
WHITMAN COUNTY, WASHINGTON
http:// www. mrsc. org/ printfile.aspx ?pmtPath= %2fOrds %2f iles %2fP8rMPD.htm
Page 4 of 6
8/22/2003
printfile Page 5 of 6
David G. Repp, Auditor, as ex
officio Supervisor of Elections
for the City of Pullman.
WHITMAN COUNTY, WASHINGTON
METROPOLITAN PARK DISTRICT
CERTIFICATE OF THE COUNTY AUDITOR OF
WHITMAN COUNTY, WASHINGTON
WHEREAS, the undersigned, as the duly elected, qualified and acting Auditor of Whitman County, Washington, has
jurisdiction of and is required by law to conduct all special elections for cities within Whitman County; and
WHEREAS, the City Council of the City of Pullman (the "City") by Resolution No. R- -02 adopted on
, 2002, a certified copy of which has been delivered to the undersigned, has found that an
emergency exists requiring the holding of a special election on Tuesday, September 7, 2002; and
WHEREAS, the City by said Resolution has authorized and directed the undersigned to assume jurisdiction of and to
conduct said special election within the City;
NOW, THEREFORE, it is hereby authorized and ordered as follows:
The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction of the above -
mentioned special election of the City of Pullman, Washington, authorized and ordered by Resolution No. R- -02 of
its City Council, adopted on , 2002, and will conduct said special election to be held on Tuesday,
September 7, 2002.
DATED at , Washington, this day of , 2002.
David G. Repp, Auditor as ex
officio Supervisor of Elections
for the City of Pullman.
TO: The Whitman County Auditor, as Ex Officio Supervisor of Elections for the City of Pullman, Washington
Pursuant to Resolution No. R- -02, adopted by the City Council of the city of Pullman, Washington, at a regular
meeting of said Council held on , 2002, a copy of which Resolution is attached hereto and by this
reference made a part hereof, you are respectfully requested to submit the following Proposition to the qualified
electors of said City for their ratification or rejection, at a special election to be held on Tuesday, September 17,
2002.
CITY OF PULLMAN
Pursuant to Resolution No. R- -02 passed on June , 2002, by the City Council of the City of
Pullman, shall a metropolitan park district co- extensive with the limits of the City of Pullman as now or
hereafter established be created and governed by the City Council of the City of Pullman as the ex
officio Board of the metropolitan park district commissioners to support the aquatics, parks and
http: / /www. mrsc. arg /printfile.aspx ?prntPath = %2f Ords %2fFiles %2fP8rMPD.htm 8/22/2003
printfile Page 6 of 6
recreation programs?
To vote IN FAVOR of the foregoing Proposition, mark a cross (X) in the "FOR THE FORMATION OF A METROPOLITAN
PARK DISTRICT TO BE GOVERNED BY THE CITY COUNCIL OF THE CITY OF PULLMAN AS THE EX OFFICIO BOARD OF
THE METROPOLITAN PARK DISTRICT, YES" square.
To vote AGAINST the foregoing Proposition, mark a cross (X) in the "AGAINST THE FORMATION OF A
METROPOLITAN PARK DISTRICT, NO" square.
FOR THE FORMATION OF A METROPOLITAN PARK DISTRICT TO BE GOVERNED BY 9
THE CITY COUNCIL OF THE CITY OF PULLMAN AS THE EX OFFICIO BOARD OF THE
METROPOLITAN PARK DISTRICT, METROPOLITAN PARK DISTRICT, YES
AGAINST THE FORMATION OF A METROPOLITAN PARK DISTRICT, NO 9
It is the opinion of the City Council of the city of Pullman, Washington, there exists an emergency due to the need
for parks and recreational fadlities.
DATED as of , 2002.
CITY OF PULLMAN
Whitman County, Washington
John D. Tonkovich, City Clerk
of the City Council
INSTRUCTIONS TO VOTERS
http: / /www.mrsc.org/printfile. aspx? prntPath= %2fOrds %2fFiles %2fP8rMPD.htm 8/22/2003
CITY OF PULLMAN
METROPOLITAN PARK DISTRICT FACT SHEET
1. What specifically is being proposed?
EXTRA PRGE. 001
City of Pullman Proposition One on the ballot for the September 17, 2002, election will read:
SHALL A METROPOLITAN PARK DISTRICT CO- EXTENSIVE WITH THE LIMITS 01
THE CITY OF PULLMAN AS NOW OR HEREAFTER ESTABLISHED BE CREATED AND
GOVERNED BY THE CITY COUNCIL OF THE CITY OF PULL��IAN AS THE EX OFFICIO
BOARD OF THE METROPOLITAN PARK DISTRICT COrMMISSIONERS FOR THi
PURPOSE OF LEVYING 50 CENTS PER THOUSAND DOLLARS OF ASSESSED
PROPERTY VALUE FROM AND AFTER JANUARY 1, 2003, TO SUPPORT THE
AQUATICS, PARKS AND RECREATION PROGRAMS?
The City of Pullman is giving voters the opportunity to decide whether or not they wish
to increase property taxes by fifty cents per thousand of assessed valuation in order io
create a Metropolitan Park District. Revenues generated by the creation of i1
Metropolitan Parks District would be used to support aquatics, parks and recreatio ::
programs.
2. Why is increased funding needed?
This year Washington State Legislature voted to reduce state backfill funding to the.
City of Pullman for 2003 from S602,083 to S49,000. In order to cope with this loss of
revenue the City of Pullman has had to make reductions in services and staff. The City
Council elected to make public safety the priority within the General Fund and to alloy:
voters to decide whether or not they wanted to continue to fund certain other services.
Numerous reductions have already been made within the Public Services department.
Departmental reductions thus far have included the elimination of the Public Services
Director position and the elimination of half of the seasonal parks crew. The fundin
generated will -be used to better sustain the aquatics, parks, and recreation offerings that
the city currently provides.
3. Why is a Metropolitan Park District needed?
A Metropolitan Parks District provides voters the opportunity to provide increased
funding for parks and recreation activities on an on -going basis. The City Council has
determined that the Metropolitan Park District is probably the best funding mechanism
available to address the City's current financial challenges. Absent the creation of a
Metropolitan Parks District, annual voter approval would be necessary in order to
increase the property.tax to support parks and recreation activities.
RUG 15 2003 14 21
15093393313 _ _ ._ _.. PAGE . 02
AUG -15 -2003 0t:221A FRO1:PULLMAN PARZKANDRECNT 15093383313
TO: P:1 /2
4. What is the dollar impact of the 50 -cent Metropolitan Park District levy on property
taxes?
A house valued at $ 100,000 would have a property tax increase of $50 per year. A
house valued at 512.5,000 would have a property tax increase of $62.50 per year. A
house valued at 5150,000 would have a property tax increase of $75 per year.
5. How much money would be generated by the creation of a Metropolitan Park District and
how would the money be spent?
According to figures provided by Whitman County Assessor Joe Reynolds, the creation
of a Metropolitan Park District would generate 5373,514.19 per year at current tax levels.
As is noted in the ballot title, the monies would be used in support of aquatics, parks, and
recreation activities.
Sji�kan�
G Va11ey
Agreements for Services Adopted and in Operation:
Street O &M County Maintenance
Street O &M WSDOT
Engineering County Engineer
Storm Water County Utilities
Solid Waste Regional Solid Waste
Agreements in Progress:
STEP Sewer Program & Wastewater Treatment -- These may be combined
depending on outcome of regional treatment discussions.
Capital Projects:
• See attached 2003 -2004 Construction Projects report.
• TIB Applications: Barker Rd. Widening Project and 24 Ave. Sidewalk Project –
Applications due 8/29.
Maintenance Activity:
• Striping and pavement marking activities are proceeding.
• Pothole patching — approximately 22 tons of material used.
• During weed spraying season (Spring), miscommunication about direction
required to perform spraying has led to an abundance of weeds. Geiger crews
have been active during month, but weeds are winning the battle in many
locations. This situation will not be repeated next year.
• Developing policy and procedures for street lighting additions.
• Approximately 180 utility cut (Right of Way) permits issued for month.
Land Development
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
For the August 15, 2003
• Applications Reviewed /Conditions Prepared:
Commercial Projects – 12, Residential Projects - 6
• Road and Drainage Plan Review:
Commercial – 3, Residential - 7
• Public Hearings – 1 held
• Pre - Construction Meetings:
Commercial – 1, Residential – 2
• Floodplain Issues – 2 projects
2003 CONSTRUCTION PROJECTS
Road Project Name
16th Avenue
Mission Avenue
Evergreen Road
Sewer Project Name
Harrington
Hillview Acres
Pinecroft/Mansfield
South Green Acres - Phase 1
Small Works Projects
Steen Rd. & 4th Ave. Paving
Pierce Rd. Widening
Sprague Crack Sealing
University Crack Sealing
Euclid Crack Sealing
Sewer Project Name
Carnahan
Weatherwoocl
Sipple
Owens
v'eradale
Project Location
Evergreen to Sullivan
Evergreen to Sullivan
16th Ave. to 2nd Ave.
Project Location
Vista to Argonne, Cataldo to Harrington
Pierce to Pines, Mission to Main
2004 PROPOSED CONSTRUCTION PROJECTS
Bowdish to Mirabeau Pk., Jackson to
Indiana
Indiana to Mission & Flora to Long Rd.
Project Location
4th to Bridge, Steen to Flora
35th Ave. to 37th Ave.
University to Sullivan
16th to Dishman -Mica
Sullivan to Flora
Road Project Name Project Location
Park Road - Project 2 8th Ave. to 2nd Ave.
16th Avenue - Project 2 Dishman -Mica to SR 27
Pines /Mansfield Wilbur Rd. to Pines Rd., Pines to 190
24th Avenue Sidewalk Project Bowdish to Pines
Project Location
1 -90 to 8th, Havanna to Eastern
McDonald to Maurer, Mission to Mallon
Dalton to Rutter, &radley to Vila
Ve °cl�r to Mar, er, 1 -90 t0 Boo - ie
Calvin to Som• <<er. Springlielc to Main
Plate: Total Projad Cost lnduJes preliminary engineuri: right -of -way, anc, onstructien.
City of Spokane Valley
Project Status
Nearly complete, paving week of 8/11
Mainline complete, working on storm
Considering delaying project start to
next spring
Project Status
Mainline, side sewers nearly complete,
Broadway shut down for mainline work
Mainline, side sewers nearly complete north
of Broadway
Project starts week of 8111
Design being completed by County
Project Status
Work to begin week of 8/11
Waiting agreement for power pole relocation
Getting contractor bids
Preparing contract
Preparing contract
Project Status
Design being completed by County
Design being completed by County
Design being completed by County
Applying for PSMP Grant Funds (TIB)
Project Status
Design being completed by County
Design being completed by County
Design being completed by County
Design being completed by County
Design being completed by County
Complete
85%
65%
5%
65%
55%
5%
0%
0%
0%
0%
0%
0 %
Total Project Cost
$ 4,064,630
$ 2,423,535
$ 2,787,000
$ 3.159,000
$ 2.542,000
$ 373,000
To 13e Determined
$
$
S
25,190
20,329
90,000
Total Project Cost
$ 7a2,0:'0
$ '' 9.32,0:: +:1
$
575,0:0
Total Projr-: c:t Cos_
` S 2459,0'.
$ 3
3 ? ..
S
Siib"kan�
_? jUauey
Staff Report
To: Dave Mercier, Spokane Valley City Manager
Frorn: Tom Scholtens, Spokane Valley Building Official
Date: 9/19/2003 9:27 AM
Re: Spokane Valley Building Division July Report
11707 E Sprague Ave Suite 106 • Spokane Valley k 9206
509.921.1000 • Fax: 509.921.1008 0 cityhallespokanevalley.arg
July continued to be a very active month for the Building Division. Although we
only issued 158 permits, our revenue climbed to $100,654.67. Our total revenue
received this year now totals over $304,904.00. Although our budget has been
modified with the addition of a second Permit Specialist, we may reach receipts
equal to proposed expenditures by the end of August.
Inspection activity is increasing as well_ Although we are finishing some of the
permits issued earlier this year the drop in the number of permits issued in July
combined with an increase in fees indicates that the newly permitted projects are
more cornplex•than those projects previously processed. Our total number of
inspections increased to 687 in July, a 23% increase over June's total
inspections.
This work Load has caused the Building Division to examine the way we are using
our employee resources. To make the most out of resources, we are beginning
to train our Permit Specialist II to be able to perform field inspections. In addition,
the Plan Reviewer and the Building Official have both been performing field
inspections to help maintain our high level of inspection request response and
customer service level
This week we begin development of the Building Division Strategic Plan. Each
week we will attempt to complete one segment of the plan and by the first of
October we hope to be able to present our Division Plan to the Community
Development Director for approval.
The Building Division is also beginning to review of the City of Spokane Valley
Ordinances as they apply to the division operations. Following the Community
Development Director's request we will be preparing Article 3 of the development
code that will encompass those specific ordinances into a single document,
Spo°kan�
jUalley
Department of Community Development
Report for the Month of July, 2003
CURRENT PLANNING PROJECTS
As of July 31, 2003
'These figures take Into account the balance of projects in process on 6/30103, plus projects opened in 7/03, minus projects completed in 7/03.
Page 1 of 3
• 'Projects Opened
•Qu'arter
yTotals .
Projects
Completed'
; Projects':
:In Process" ,
Type of _ _
:July.
( Lots%
• .August
Lots
. • Sept ..
,Lots
P'r'ojects.
Lots.
Administrative Interpretation
0
0
;
0
0
Administrative Variance
8
8
8
0
Adult Use Licenses
3
3
3
. 0
Home Profession
1
1
1
0
Certificate of Exemption
7
10
7
10
7
0
Commercial Business Permit
11
11
5
14
Conditional Use Permits
0
0
0
2
Preliminary Regular Plat
0
0
0
0
0
3
Final Regular Plat
0
0
0
0
0
6
Preliminary Reg. Plat w /PUD
0
0
0
0
0
4
Final Reg. Plat w /PUD
0
0
0
0
0
0
Preliminary Short Plat
1
2
1
2
0
9,
Final Short Plat
0
0
0
0
0
1
Preliminary Binding Site Plan
0
0
0
0
0
1
Final Binding Site Plan
0
0
0
0
0
0
Variances
1
;
1
0
1
Zone Reclassification
0
0
0
8
TOTALS
32
12
_
32
12
24
49
Spo°kan�
jUalley
Department of Community Development
Report for the Month of July, 2003
CURRENT PLANNING PROJECTS
As of July 31, 2003
'These figures take Into account the balance of projects in process on 6/30103, plus projects opened in 7/03, minus projects completed in 7/03.
Page 1 of 3
Project --
- April -June'
July '
- . Tota1 2003 • `,
Solid Waste
49
13
62
Growth Management Grant
$ 14,855.00
20
$ 14,855.00
County Permit Transfers
$ 13,500.00
25
$ 13,500.00
Map Sales
$ 814.55
$ 235.20
$ 1,049.75
Zoning Map Modifications
$ 3,483.00
1
$ 3,483.00
Comprehensive Plan Amendments
$ 4,500.00
18
$ 4,500.00
Pre - Application Conference Fees
$ 61.00
.$ 183.00
$ 244.00
Rezones
$ 4,861.00
$ 1,683.00
$ 6,544.00
Preliminary Short Subdivisions
$ 3,286.00
0
$ 3,286.00
Short Subdivisions
$ 2,816.00
$ 561.00
$ 3,377.00
Final Subdivisions
$ 1,170.00
$ 820.00
$ 1,990.00
Certificate of Exemptions
$ 2,979.00
$ 675.00
$ 3,654.00
Change of Conditions
$ 1,500.00
$ 1,500.00
Conditional Use Permits
$ 61.00
$ 61.00
$ 122.00
SEPA Administration
$ 2,275.00
$ 100.00
$ 2,375.00
Admin. Permits/ReviewslDets.
$ 300.00
$ 1,200.00
$ 1,500.00
Home Profession Application Fees
$ 80.00
$ 80.00
Adult Entertainment Licenses
$ 1,650.00
$ 450.00
$ 2,100.00
TOTALS
$ 58,191.55
$ 5,968.20
$ 64,159.75
Type of Complaint
April-June,
July . _
Total 2003
Solid Waste
49
13
62
Junk Auto
55
20
75
Nuisance
47
25
72
Animal
16
15
31
Illegal Business
14
1
15 •
Signs
4
18
22
Illegal R.V.
8
2
10
Property
7
1
8
Transferred from County
273
0
273
TOTAL COMPLAINTS
473
95
568
PLANNING REVENUE AND GRANT INCOME - As of July 31, 2003
CODE ENFORCEMENT SUMMARY - As of July 31, 2003
Page 2 of 3
- Inspection,Type _
2nd Qtr..
. July
August
Sept.
Total
Residential Inspections
(Combined)
634
302
Per" "mils;
Revenue
(Combined)
989
Commercial Inspections
53
Plumbing Inspection
357
185
Residential
275
542
Mechanical Inspection
265
128
44
393
Special Inspection
22
19
• 41
TOTAL INSPECTIONS
1,278_ 687
321
$ 120,076.29
1,965
BUILDING PERMITS 8 REVENUE COLLECTED - As of July 31, 2003
BUILDING INSPECTIONS - As of July 31, 2003
Page 3 of 3
Second Quarter Totals
Third Quarter Totals
Permits;Issued
Permits
Revenue .
July
August
Sept.
Per" "mils;
Revenue
Building Permits:
Residential
275
44
44
Commercial
46
18
18
Totals:
321
$ 120,076.29
62
62
$ 67,491.64
Plumbing Permits
138
$ 13,953.00
23
23
$ 4,186.50
Mechanical Permits
215
$ 16,788.00
51
51
$ 6,529.00
Grading Permits
1
$ 98.00
1
1
Demolition Permits
4
$ 110.00
2
2
$ 212.00
Fireworks Permits
2
$ 200.00
1
1
$ 100.00
Sign Permits
25
6
6
Miscellaneous Permits
8
$ 4,369.08
8
8
$ 1,055.00
UFC Permit Fee
$ 55.00
Fire Alarm Install
2
1
1
Sprinkler Install
2
3
3
Plans Check Fee
$ 46,980.40
$ 20,295.24
Energy Plan Check Fee
$ 962.78
Fire Department Check Plan Fee
$ 301.32
$ 40.00
Sprinkler Plans Check Fee
$ 745.29
F.A. Plan Check Fee
$ 10.00
•
Special Inspections
$ 353.00
PERMIT TOTALS
718
$ 204,256.87
158
158
$ 100,654.67
BUILDING PERMITS 8 REVENUE COLLECTED - As of July 31, 2003
BUILDING INSPECTIONS - As of July 31, 2003
Page 3 of 3
Memo
To: Dave Mercier, City Manager
From Ken Thompson, Finance and Admin. Services Director
Date: August 20, 2003
Re: Monthly Report
City of Spokane
Valley
During the last 30 days Finance and Administrative Services employees have spent their time on the
following tasks:
Budget;
2004 Budget preparation worksheets and procedures have been developed and distributed to
departments. 2003 Budget amendments have been presented to the City Council for consideration.
Revenues and Expenditures
Sales tax, Fines Si Forfeitures and Building Permit receipts are coming in less than projected in the 2003
budget. Our expenditures are greater than anticipated resulting in a greater deficit in the General Fund,
The 2004 budget will include a payment schedule for repaying this debt.
We expect by late August or early September, to have a quarterly report to the Council comparing our
actual revenues and expenditures to our budget.
Emplaces
Sales Tax Reporting
We have been working with Spokane Fire District #1, Spokane County, the State Department of
Revenue, the Spokane Valley Chamber of Commerce and Microfiex to review retail sales lax reports
filed by businesses in and around our city. The purpose of the review is to verify that Spokane Valley
businesses are using the Spokane Valley code on their reports so we receive credit for sales tax
generated within our city limits. The Department of Revenue has notified us their software did not
immediately recognize the Spokane Valley tax code which resulted in some returns being set aside for
1
All Prothman employees have been transferred to the City payroll.
manual review. Correction of the state's software problem should result in an increase in our sales tax
receipts.
Mirabeau Pointe
The City Council recently gave staff direction to proceed with this project. Several agreements with
Spokane County need to be finalized. We will be meeting with the Bond Underwriter to make plans for
a bond rating, bond insurance and an official statement. The bond sale is tentatively planned for
November to coincide with the award of the construction contract.
Human Resources /Payro[I
The second payroll on the new system was generated on August 19. A few rough spots are being
smoothed out. We hope to have the payroll automatic deposit program implemented within a month.
Information Technology
Consultants are working on a series of policies for appropriate computer use.
• Page 2
Spokane
Memorandum
To: Dave Mercier, City Manager
From: Nina Regor, Deputy City Manager
CC: Mayor DeVieming and Members of Council
Date: August 21, 2003
Re: Monthly Report — Summary of August 2003 Activities
Contract Negotiation and Administration
• Fire Services. Deputy City Attorney Cary Driskell and 1 are working on a joint memo to
Council describing options for long -teen fire services for City of Spokane \Talley
residents. I have met with two of the three Fire Chiefs (Chief Bob Anderson of FD #9
canceled at the last minute due to a fire. We are in the process of rescheduling.) A
Council discussion on fire services is scheduled for the September 23 meeting, including
discussion of a resolution to extend fire services from each of the Districts through 2004.
• Library Services. I met with Mike Wirt, Director of the Spokane County Library District.
Stan Schwartz and i are working on a resolution to extend library services through 2004
to give the City time to consider long -term library services.
Special Projects
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhatl@spokanevalley.org
• CenterPlace at Mirabeau Point. An employee team made up of Mike Jackson, Parks and
Recreation Director; Ken Thompson, Finance and Administrative Services Director; and
me have been working on CenterPlace, focusing on the affordability of the project.
Council recently gave the go- ahead, and we are concurrently working on the legal,
francial, and building construction tracks. We have added Neil Kersten, Public Works
Director, to our team. Neil is experienced in building public facilities, and will play a
key role in the construction phase.
• Web Site. Deputy Mayor Diana Wilhite, Councilor Rich Munson, two other citizens, Ken
Thompson and I make up an ad hoc Web Site Committee. The Committee invited five
semi - finalist firms to deliver presentations on developing the City's web site and intranet.
As a result of the presentations, the candidates were narrowed down to three finalists. A
selection will soon be made.
• 2004 Budget Process — Goal Setting. After staff suggestions and Council discussion on
potential goals and activities, I compiled the information into a drafi 2004 Goals
document for Council consideration at an upcoming meeting.
Spokan��
jUalley
Memorandum
To: Dave Mercier, City Manager
From: .Mike Jackson, Parks and Recreation Director
Date: August 21, 2003
Re: August Monthly Report
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.arg
//
Administration:
Much of the work of the Department of Parks and Recreation continued to be dominated
by CenterPlace issues. During the month of August the Director and the Administrative
Assistant continued to refine the CenterPlace pro foma. Other accomplishments of the
Department are highlighted below.
• Worked on a draft Sponsorship Policy and Procedures document which
establishes controlling the sponsorship and co-sponsorship of events between
the City of Spokane Valley and other organizAions, groups and individuals in the
community.
• Worked on the Metropolitan Park Districts project for the City Council.
• Worked with Spokane County Parks Department on adding `park standards' to
the maintenance agreement.
• Finished compiling information on Mirabeau CenterPlace and presented to City
Council.
• CenterPlace project was approved by City Council
• Met with Jeff and Debbie Weisen and toured the Splashdown facility. Developed
information for the City Manager and City Council regarding their proposed lease.
• Met with Jane Singleton with Spokane Valley Legmy Foundation in regards to
possibly turning Opportunity Township Hall into a museum. The Director looked
the building over. The Building Official and the Public Works Department
inspected the building and are preparing a report.
• Started looking into different software programs that will be able to manage the
CenterPlace rentals.
• Started compiling ideas for Parks and Recreation Department's mission and
vision statements.
• Attended the monthly Senior Center Board meeting at the Valley Senior Center
and discussed many issues the seniors had with the newCity of Spokane Valley
and CenterPlace. This was a productive meeting in terms of the Senior Center
Board and the Parks and Recreation Department opening up communication.
Over the next few months, the Department will develop a more concise overview
of responsibilities which will be presented to the City Manager for approval.
• Continued to take reservations for park pavilions and special events.
• Worked with the County on resolving specific maintenance and operations issues
at Mirabeau Springs. The pump that supplies the waterfall has been shutting
down due to a clogged intake line. Numerous people were swimming in this area
and climbing up the falls— both of which are dangerous. The bridge railing has
design problems that contribute to high maintenance and vandalism. Eventually
this railing will have to be redesigned /rebuilt. The Department is obtaining cost
estimates.
• Each division of the department is working on the preliminary 2004 budget
Contracted Park Maintenance:
• Performed routine maintenance on turf, restrooms, etc.
• Repaired vandalized table at Edgecliff Park
• Built and installed two signs at Mirabeau Springs that read "No Swimming, No
Wading"
• Mowed along side Centennial Trail from Farr Road to Mirabeau
• Added dirt to low spots in turf area at Edgecliff
• Sprayed Round -up around valve boxes at Sullivan Park
• Hand watered trees at Balfour.
• Hauled tables for shelter reservations
• Cut downed trees at Sullivan Park along pathways so people could walk without
having to climb over them.
• Sharpened mower blades.
• Picked up litter and cigarette butts at Sullivan Park
• Cleaned out pond at Mirabeau Springs. Scheduled pump intake maintenance for
September 16 -19. No reservations will be taken during that time.
• Moved equipment from Park and Valley Mission Pools to Terrace View Pool for
swim meet and moved equipment back to original pools after meet
• Repaired vandalized bench at Valey Mission in front of restrooms
• Cleaned and repaired pool and restrooms from repeat vandalism at Terrace View
Park.
• Cleaned parking lots at all parks.
• Fertilized all parks.
• Adjusted sprinklers and re- nozzled to green up dry spots at Edgecliff and Sullivan
Parks.
• Repaired vandalized sprinklers at Terrace View Park
• Picked up and dumped garbage from volunteer clean up of Centennial Trail
• Painted eaves and posts at Browns and Edgecliff Park shelters
• Closed Park Road Pool and Valley Mission Poolforthe season.
• Repaired toilets at Senior Center.
• Repaired faucets at Senior Center.
• Big effort to green up parks which made a huge difference at Valley Mission,
Terrace View and Browns Park.
2
Senior Center
• In past years the center has been closed for maintenance the last week of
August. This year it will stay open and maintenance will continue.
• There was a senior trip to the Farmer's Market on ltd Avenge and Division in
Spokane, The Senior Nutrition Program paid the center $50 for the use of the
van and gave each lunch participant $20 worth of vouchers for free produce.
• The office assistant has continued to work on the September newsletter and
maintain the membership database for mailing, This is a monthly task requiring
approximately a total of 26-30 hours per month.
• The board has been contacting members who have let their membership dues
lapse, hoping to get them to re -join.
Recreation:
• Concluded all summer programs-
• Worked with staff to recap and evaluate summer programs and begin planning
for next summer-
• First draft of 2004 budget
• Determined fall programs.
• Started fall advertising,
• Started fall registration.
3
Spokane Valley Fire Department
2003 Incident Response Information
For
INCIDENT TYPE
Year to Date
Jan
Feb
March
Aprli
May
June
July
August
Sept
Oct
Nov
Dec
11-5 Structure Fire Single Response
2
48
1
8
0
3
1
. 6
0
12
0
9
0
5
0
5
11 -F Structure Fire E. & W. of Barker
11 -W Working Fire E. & W. of Barker
11
3
• 1
.' .1
•2
0
0
4
13S Vehicle Fire
39
7
3
6
3
5
4
11
14-L Brush Fire -Low
. 0
. 0
0
•0
0
0
0
0
14-M Brush Fire - Moderate
0
0
0
0
0
0
0
0
14 -E Brush Fire Extreme
0
0
0
0
0
' 0
0
0
14-1 Brush Fire High
0
0
0
. 0
0
0
0
0
15S Trash Fire .
9
. 0
0
. 2
4
1
1
1
18S Alarm System-Single Response
35
"
5
3
6
7
4
5
5
18 -F Alarm System- Full
149
.27
• 26
' 24
17
18
18
19
31 -A BLS EMS Alarm
306
35
31
47
34
57
56
46
31 -B BLS EMS Alarm .
-809
115
95
112
91
131
133
132
31-C ALS EMS Alarm
780
101
89
127
119
.109
118
117
31 -D ALS EMS Alarm .
752
86
96
109
112
118
116
115
31 -F 2nd alarm EMS /Mass Casualty •
0
0
0
0
0
0
0
0
35 -F Extrication
6
1
1
0
0
2
1
1
36 -F Water Rescue
0
0
0
0
0
0
0
0
37 -F Tech Rescue
0
0
0
0
0
0
0
0
.
40-1 Hazmat Invest)! anon
37
3
3
6
9
2
7
7
•
40-F Hazmat Full Response
4
0
0
1
0
3
0
0
46-A Auto Accident - Unknown Injuries .
132
22
18
14
21
20
19
18
46 -B Auto Accident - Minor Furies -
86
.10
5
6
. 20
21
12
12
46 -C Auto Accident - Life Threats
• 6
2
0
0
2
• 2
_ 0
. 0
46 -D Auto Accident - Life Threats
23
•
2
2
4
5
6
.2
2
50S Service Call
243
.
38
26
. 31
26
30
48
44
0-
-
MONTHLY TOTAL
3477
• .
466
402
503
484
538
545
539
SpokaneValley Fire Department
2003 Response Information
For
City of _ Spokane Valley
. Valley
SPOKANE COUNTY
Fire Protection District 8
12100 EAST PALOUSE HIGHWAY
POST OFFICE BOX 345
VALLEYFORD, WASHINGTON 99036
(509) 926 -6699 • FAX: 924 -8358
August 1.9, 2003
Nina Regor, Deputy City Manager
City of Spokane Valley
1.1.707 . F. Sprague Ave.
Suite 106 .
Spokane Valley, WA 99206
Dear Ms. Regor
Please find enclosed, for your staff report, the following information that
addresses the activity at.Fire District 8 station 84 the..Ponderosa for the
. period oaf July 15 through August 15 • .
Besides the _activity station 84 also.participated in the following non -
emergency activities:
a July 1'5 hosted the Fire District 8 Citizens Advisory Committee
meeting
.. a July 19 participated in a Major live drill at the Valley Fire,
training facility
❑ July 23'' hosted the District safety, committee meeting
1 have also enclosed a dispatch code SOP so that you can better interpret the
calls for service.
.If you. have any questions or comments please do not hesitate to - conta.ct me.
Sincerely,
Dan Stout
Fire Chief
COMMISSIONERS
Gregory Hesse
Kenneth M, Kessler
Ralph E. Schaefer
CHIEF
Daniel L, Stout
PE( PV
AUG 2Q2003
City of Spokane. Valley
July 16
MVA —46B
Palouse Hwy/ Madison
No
E84
July 17
Fall —3113
4421 S. Gillis St.
No
E84
July 20
Chest Pain -31C
4036 S. Ridgeview
Auto
E84
July 21
Unconscious -31D
Fall -3113
4204 S. Driftwood
11420 E. 36
Auto
Auto
E84
E84
July 22
July 22
Brush Fire —141-1
12405 S. Emtman
No
B84
July 23
Overdose-31C
5102 S. Bernhill
Auto
E84
July 25
Fall —31B
3306 S. Melissa
Auto
E84
July 26
Structure Fire —11S
15203 E. Pinnacle
No
E84
July 28
Brush fire -11H
Valley Chapel/Elder
No
B84
July 30
Overdose -31C
4218 S. Hatherly
Auto
E84
July 31
Structure Fire -11W
6312 S. Dishman Mica
No
E84, B84
Aug 1
Lifing Assist -31A
3612 S. Sundown
Auto
E84
Aug 1
Fire Alarm -18F
12100 E. Palouse IIwy
No
E84
Aug 2
Haz Mat investigation
—40I
10023 E. 48"
No
E84
Aug 4
Fall —31D
3509 E. Sundown
Auto
E84
Aug 6
Abdominal Pain —31D
4609 S. Morril Rd
No
E84
Aug 7
Brush Fire -14L
13030 E. Apache Pass
Lane
No
E84
Aug 8
Fire Alarm —18S
4618 S. Morrow Park
No
E84
Aug 10
Brush Fire -14S
4704 S. Highway Ct.
No
E84
Aug 11
Di f . Breathing —31C
9409 E. Holman
No
E84
Aug 12
Fall -31B
3627 S. Ridgeview
Auto
E84
Aug 15
Allergic Reaction -310
5102 S. Bernhill Ct
No
E84
Aug 15
Bee Sting —31C
3214 S. Raymond
Circle
Auto
E84
Aug 15
Brush Fire —141-1
10124 S. Hangman
Valley Road
No
. B84
Date
Alarm Type
MA = Mutual Aid
Auto = Immediate Dispatch w/ Valley Fire
Spokane County Fire District 8
Station 84 Alarm Activities
July 15, 2003 thru August 15, 2003
Location
MA
Unit
SPOKANE COUNTY FIRE DISTRICT 8 — STANDARD OPERATING PROCEDURES
INCIDENT DISPATCH CODES
Ref. Policy:
20.041
Developed: 06/98
Changes: 03/00
Approved: Date: 03 /30 /CO
Page l of 3
•
4.05 INCIDENT DISPATCH CODES
The following is a list of dispatch codes as adopted by the CCC.
Code 00 Use for fire prevention code violations or fire investigation when requested or when dispatched and
no other log number has been assigned.
Fire Department rig in accident and no other log assigned.
Code 01 Use to dispatch /notify SAFRC team members.
Code 11F
- Code 11S — — Fire; single company.
Chimney fire (no smoke/odor in house).
Electrical problems.
Problems with appliances - no fire showing.
Oven fires.
Wires down.
Code 11W
Code 13S
Code 14L
Code 14M
high).
Code 14H
Fire, full response.
Use for any structure fire (garage, house, shed).
Chimney fire (smoke/odor in house).
Car fire inside garage.
Working fire, fire and smoke showing.
Upgrading to this code will be done by the I.C.
Vehicle fire.
Car fire (open areas). Off road, rural area use grass, brush fire code.
Grass, brush, wildland fire during times of low risk levels (DNR manning Class l and 2).
Grass, brush, wildland fire during times of moderate risk levels (DNR manning Class 3 low and 3
Grass, brush, wildland fire during times of high risk levels (DNR manning Class 4).
Code 14E Grass. brush, wildland fire during times of extreme risk levels (DNR manning Class 5 or when a
Red Flag Warning has been issued).
Code 14S Brush, single company, generalized smoke in area, smoldering bush, pine needles, etc., minor, no
danger of spread, outside a structure.
Code 15S Refuse. trash, dumpster.
Small trash fires.
Dumpster - no structure dangers.
Page 1 of 3
SPOKANE COUNTY FIRE DISTRICT 8 — STANDARD OPERATING PROCEDURES
INCIDENT DISPATCH CODES
Ref. Policy:
20.041
Page 2 of 3
Code 18F'
Code 18S
Alarm systems only - no smoke or odors.
Alarm company calls.
Business fire alarms.
Alarm system, single company.
Assist resetting system
Private home alarm.
Code 31A Alpha response (BLS).
Generally check and advise. Not enough information available at dispatch to determine if any
injuries and/or problems.
Code /no code, dispatcher discretion.
Code 31B Bravo response (BLS).
Generally not life threatening — broken arm, minor injuries. First responder is sent code or no code
by District policy, to do patient evaluation and determine if upgrade is necessary.
Ambulance is sent no code, or code by District policy.
Code 31C Charlie response (ALS).
Possibly life threatening—chest pain without priority symptoms, as defined in PRO QA.
Ambulance sent code.
Code 31D Delta response (ALS).
Interrogation indicates not conscious and/or priority symptoms, as defined in PRO QA.
Ambulance dispatched code.
Code 31F 2' Alarm EMS.
Code 31M MVA unknown injuries.
Code 31T Ambulance transportation. only.
Doctor's appointments, etc.
Code 35F Extrication.
Head -on, auto/auto, poles. trees, etc.
Freeway —major accident.
Trapped.
Rollover.
Aircraft crash.
Code 36F Marine rescue.
River rescue.
Code 37F Confined space, hi /low angle, trench rescue.
Page 2 of 3
SPOKANE COUNTY FIRE DISTRICT 8 — STANDARD OPERATING PROCEDURES
INCIDENT :DISPATCH CODES
Ref. Policy:
20.041
Page 3 of 3
Code 401;
Raz Mat, full response.
Major spill, hazardous material.
Tanker spill.
Broken natural gas line.
Possibly life - threatening.
Code 401 Hat Mac. investigation.
Barbecue tank leak.
Small spill, unknown substance.
Odors. no fire or medical signs.
Code 40T Haz Mat Team.
Out of town Haz Mat response.
Added to any dispatch code.
Code 46A MVA- Alpha Response (BLS).
Generally check and advice.
Not enough information available at dispatch to determine injuries and/or problems.
Code or no code, dispatcher discretion.
Code 46B MVA- Bravo Response (BLS).
Generally not life - threatening, broken arm, minor injuries.
First responder is sent code or no code by district policy, to do evaluation and determine if upo ade is
necessary.
Ambulance is sent no code.
Code 46C MVA- Charlie Response (ALS).
Possibly life threatening, chest pain without priority symptoms, as defined in Pro QA.
Ambulance is sent code.
Code 46D MVA- Delta Response (ALS).
Interrogation indicates not conscious and/or priority symptoms, as defined in Pro QA.
Ambulance is dispatched code.
Code SOS Service call. no code or code.
House lock out.
Car lock out.
Assist other departments.
Water line break.
Code 99T
CAD test.
Test system.
Animal rescues i.e.; (animal over cliff, trapped in well, etc.) will be referred to the on duty command officer with
all pertinent information for his/her disposition.
Page 3 of 3
TO: Dave Mercier, City Manager
FROM: Cal Walker, Chief of Police
DATE: August 22, 2003
RE: Monthly Report. July 2003
MEMO
The Spokane Valley Police Department is currently transitioning into the monthly reporting
system. Previous historical information was collected on a quarterly basis, and we have been
changing our statistical gathering so that we can provide this information on a monthly basis.
We now have a new statistics program up and running, which will allow us to generate reports
and to accurately report the level of activity within the city limits of Spokane:Valley.
ADMINISTRATIVE
• Myself and Deputy City Manager Nina Regor are continuing to work on the completion
of a contract for DEM services.
• We are also working with Marshal] Farnell and the County on the purchase/lease options
for the Valley Precinct building.
• Staffing levels in June and July were down minimally, with the Traffic Sergeant position
and the Administrative Assistant position both not currently filled. The Traffic position
is slated to be filled in August, and the testing for the Administrative Assistant through
Civil Service should allow for appointment. some time in September.
• We have also been working through the process of creating an independent budget for the
Spokane Valley Police Department, which has been carved out of the Spokane County
Sheriff's Office budget.. This has all been done as defined within the parameters of our
existing contract, and should allow for specific analysis, accountability, and auditing of
our own organization. Through July 31, 2003, budget projections show that we should
have used 28.6% of our total 2003 budget (based on a 7 -month contract for 2003). We
have currently expended 28.22 %. 1 do see some passible concerns in fuel expenditures
due to increased fuel prices.
• Our new fleet of Spokane Valley Police vehicles has begun to arrive. We are installing
all the necessary equipment in those vehicles, and they should begin to hit the streets
some time in late August.
July 2003 Monthly Report
Page 2
OPERATIONAL
• We are transitioning well into the new 12 -hour shifts for our officers. As with any
change, there are some who really like the new shifts, and some who do not. The
feedback that I am currently getting shows that the majority are very happy with this new
schedule. We will have an official review and assessment at the 90 -day mark, which will
occur at the end of August.
• Signage at the Spokane Valley Police Department building has been lacking. Part of the
signage for the precinct is scheduled for installation in August. This should allow for
easier recognition of this facility to our citizens.
CALLS FOR SERVICE
• For this month's report, I have included some statistical information on selected calls for
service. These statistics are based on our CAD (Computer Aided Dispatch) related
records. We measure the majority of our activity through this mechanism. I have
included stats back as far as 01/01/02 solely for comparison. Within the Spokane Valley
city limits, there are 6 geographical districts. For the purposes of this statistical chart, the
relevance of the "0" column only pertains to the number of stolen vehicles recovered.
Each of the other specified districts contain information within their own geographic
boundary, and allow for us to measure activity within particular problem areas. Also
included are a number of comparisons. This allows for an over -all view and the
percentage of change as listed on Page 3 of the statistical document.
• This new analytical information, coupled with G1S technology, will also allow us to
forecast particular activities and address those activities in a pro- active manner. I have
included hot spot area maps for three particular types of crimes; burglaries, vehicle
prowlings, and stolen vehicles. These are new tools that will allow for continually
updated material to be passed to our Patrol Division and our investigators that should
allow for us to address specific issues in a more aggressive fashion.
COMMUNITY- ORIENTED POLICING
• The new Spokane Valley Police Department is excited about the community reaction that
we are receiving within the new city. We have been invited and have attended a number
of open house functions and .welcomings, specifically related to the presence that is now
here at the Spokane Valley Precinct. We look forward to a long and good working
relationship with the many businesses that are now our new neighbors.
•
July 2003 Monthly Report
Page 3
CW;pjl
• SCOPE — We are aggressively working to build the number of SCOPE volunteers within
the City of Spokane Valley SCOPE offices. This includes an aggressive recruitment for
new Neighborhood Watch captains, and an increase in the overall number of
Neighborhood Watch participants. We will be assigning specific patrol officers to each
of the SCOPE Stations, and they will be attending SCOPE functions and meetings as a
part of their regular duties. This should increase our interaction with those particular
neighborhoods and the citizens that live in them. Specifically at the Edgecliff SCOPE
Station, we are also planning to reassign a detective to work within that facility.
• An upcoming event related to child safety restraints is planned for ,August 27 where the
Spokane Valley Police Department facility will become a child seat fitting station. We
have sent 3 of our officers to school to become certified technicians. The Washington
Traffic Safety Commission paid for this training. We should have officers available to
check or help install child safety seats during any normal business day. This is a first in
any community to have this type of availability for this particular serVice.
Attachments
SELECTED DATA SPOKANE VALLEY
8/13/2003
01/01/02 THROUGH 07/31/02
1
0
1
2
3
4
5
6
TOTAL
CAD INCIDENTS
3,640
6,314
8,257
3,731
4,621
2,607
4,292
33,462
TRAFFIC STOPS
N/A
1,895
2,869
978
1,389
571
1,415
9,117
ACCIDENTS
N/A
229
505
129
155
98
206
1,322
STOLEN VEHICLES
N/A
99
78
53
57
39
55
381
VEHICLE RECOVERED
13
62
53
22
42
16
23
231
BURGLARY
N/A
128
99
86
80
50
83
526
ROBBERY
N/A
8
11
9
4
6
44
THEFT
N/A
271
262
214
319
222
176
1,464
MALICIOUS MISCHIEF
NIA
130
166
170
133
119
100
818
VEHICLE PROWLING
N/A
199
218
209
136
115
88
965
01/01/03 THROUGH 07/31/03
o
1
2.
3
4
5
6
TOTAL
CAD INCIDENTS
5,176
7,598
9,547
4,032
5,133
3,715
5,675
40,876
TRAFFIC STOPS
N/A
2,796
3,739
1,125
1,766
1,025
2,127
12,578
ACCIDENTS
N/A
189
405
95
161
98
210
1,158
STOLEN VEHICLES
N/A
49
55
32
29
19
21
205
VEHICLE RECOVERED
19
46
33
12
18
9
13
150
BURGLARY
N/A
123
98
80
59
59
64
1 483
ROBBERY
N/A
10
7
9
4
11
4
45
THEFT
N/A
290
260
207
312
216
243
1,528
MALICIOUS MISCHIEF
N/A
123
155
149
93
104
106
730
VEHICLE PROWLING
N/A
131
139 1
98
127
65
63
623
1
1
06/01/02 THROUGH 06/30/02 .
0
1
2
3
4
5
6
TOTAL
CAD INCIDENTS
533
790
1,192
556
687
390
- 643
4791
TRAFFIC STOPS
N/A
1951
365
108
193
58
210
1129
ACCIDENTS
N/A
26
71
17
24
15
28
181
STOLEN VEHICLES
N/A
15
8
8
9
7
6
53
VEHICLE RECOVERED
1
10
7
3
5
2
3
31
BURGLARY
N/A
24
13
19
20
13
19
108
ROBBERY
N/A
0
3
2
1
0
1
7
THEFT
N/A
39
31
30
48
29
24
201
MALICIOUS MISCHIEF
N/A
19
21
15
18
13
14
100
VEHICLE PROWLING
N/A
24
28
15
14
10
13
104
SELECTED DATA SPOKANE VALLEY
8/13/2003
SELECTED DATA SPOKANE VALLEY
8/13/2003
06/01/03 THROUGH 06/30/03
.
0
1
2
3
4
5
6
TOTAL
CAD INCIDENTS 652
1,284
1,808
670
903
658
965
6940
TRAFFIC STOPS JN /A
546
882
228
330
178
385
2549
ACCIDENTS N/A
25
48
10
19
17
27
146
STOLEN VEHICLES N/A
3
10
4
4
1
5
27
VEHICLE RECOVERED 2
8
2
1
3
0
2
18
BURGLARY N/A
12
16
6
9
5
4
52
ROBBERY N/A
0
1
4
1
0
1
7
THEFT N/A
41
34
33
36
29
35
208
MALICIOUS MISCHIEF N/A
14
22
20
15
15
13
• 99
VEHICLE PROWLING N/A
16
11
16
18
10
7
78
07/01/02 THROUGH 07/31/02
0
1
2
3
4
5
6
TOTAL
CAD INCIDENTS 513
972
1,314
633
681
443
682
5238
TRAFFIC STOPS N/A
238
467
133
121
88
171
1218
ACCIDENTS N/A
20
63
18
30
17
39
187
STOLEN VEHICLES (N /A
12
10
12
3
7
6
50
VEHICLE RECOVERED 2
81
7
3
9
2
2
33
BURGLARY N/A
24
19
15
10
71 17
92
ROBBERY N/A
1
1
2
2
11 0
7
THEFT N/A
37
38
23
38
38 231 197
MALICIOUS MISCHIEF N/A
15
21
12
24
13 10
95
VEHICLE PROWLING N/A
21
29
29
5
6 6
96
07/01/03 THROUGH 07/31/03
-
1
2
3
4
5 6
TOTAL
CAD INCIDENTS 625
1,228
1,727
690
822
599 914
6605
TRAFFIC STOPS N/A
432
708
, 138
208
134 279
1899
ACCIDENTS N/A
32
76
15
23
10 42
198
STOLEN VEHICLES N/A
14
11
6
3
4 4
42
VEHICLE RECOVERED 5
10
4
3
2
0 2
26
BURGLARY N/A
24
14
21
14
12 4
89
ROBBERY N/A
0
0
0
0
1 0
1
THEFT N/A
56
26
30
46
35 36
229
MALICIOUS MISCHIEF N/A
18
21
33
10
14 14
110
VEHICLE PROWLING N/A
23
16
22
16
10 11
98
SELECTED DATA SPOKANE VALLEY
8/13/2003
ACCIDENTS
JU.vcJo
STOLEN VEHICLES
55.56%
VEHICLE RECOVERED
44.44%
BURGLARY
71.15%
ROBBERY
- 85.71%
10.10%
11.11%
25.64%
THEFT
MALICIOUS MISCHIEF
VEHICLE PROWLING
CAD INCIDENTS
TRAFFIC STOPS
ACCIDENTS
STOLEN VEHICLES
VEHICLE RECOVERED
BURGLARY
ROBBERY
THEFT
MALICIOUS MISCHIEF
VEHICLE PROWLING
CAD INCIDENTS
TRAFFIC STOPS
ACCIDENTS
STOLEN VEHICLES
VEHICLE RECOVERED
BURGLARY
ROBBERY
THEFT
MALICIOUS MISCHIEF
VEHICLE PROWLING
CAD INCIDENTS
PERCENT CHANGE FROM JAN - JUL 2002 TO JAN - JUL 2003
22.16%
37.96%
-12.41%
- 46.19%
- 35.06%
-8.17%
2.27%
4.37%
- 10.76%
- 35.44%
PERCENT CHANGE FROM JUL 2002 TO JUL 2003
26.10%
55.91%
5.88%
- 16.00%
- 21.21%
- 3.26%
-85.71 %
16.24%
15.79%
2.08%
-4.83%
PERCENT CHANGE FROM JUNE 2003 TO JULY 2003
TRAFFIC STOPS
COMPARISONS SPOKANE VALLEY _`
- 25.50%
8/13/2003
am _
ION
rtai y rim
AftairZral
.. fission
Legend
burg703
<VALUE>
p Low
® Medium
MI High
N 'ssul
%MEI
::inn
NrY�� :MU 1.iilill!°- IiFT Y dt.
u■.7r.r...r.70E'GL1a ' Cia"'
Y LA r wi .f i� .°
YZr rl .,.
mgr
. I� C'' >.■ ' • r i i i.
Aui� u IC
•lL�A
\1irabeau
Indiana
Kie
EU id
11� Il �. �.e alia r. iEai� ■ Zvi 5 , fa• i � L 01 .- ova Immo
1 I =MI ■6 rllKiii
' Mr e
arJ�rr III
3h :: 1171 , LI 1. 1 1` i Es
� r 74,
,3+ , \: r c 1
�'r 4A d tl `� BEE
N drill BelleTeirf
L�i'11
July 2003 Vehicle Prowling
n Low
® Medium
NM High
Sanso
0.5 1 Miles
JulyVehicle Prc rling Hotspots Map Produced: 14 August 2003
POI 11•1111•170,
=NM 2111WINI111111•11.11,M1
IN= MININIIII1/111:111111M
IMO IIMINIUMSIIIInIMML
+1 i xi MN
• Wily" r ilfi llama -,
July 2003 Stolen Vehicles
El Low
® Medium
High
0 0.5 1 Miles
July Stolen Vehicles H o is p o is Map Produced: 14 August 2003
HT _ 1 _ = _ �6 �.
N
�' R���` ,j�7 �� _ Ol r (
„ _
;
.fi /fese
} Jackson
- Spokane County Sheriff Districts
80
L
X.
ati..
Spokane Valley Planning Commission
Approved Minutes
Council Chambers — City Hall 11707 E. Sprague Ave.
July 23, 2003
I. CALL TO ORDER
Bill Gothmann, Planning Commission Chair, called the meeting to order at
6:32 p.m.
II. PLEDGE OF ALLEGIANCE
The Commission and audience recited the Pledge of Allegiance.
1.I1. ROLL CALL
Fred I3caulac — Present
Bob Blum — Present
David Crosby — Present
Gail Kogle — Present
13i11 Gothmann — Present
Ian Robertson — Present
John G. Carroll - Present
IV. APPROVAL OF AGENDA
Commissioner Robertson moved that the agenda be approved as presented.
Commissioner Crosby seconded the motion. Motion passed unanimously.
V. APPROVAL OF MINUTES
It was moved by Commissioner Crosby and seconded by Commissioner Beaulac
that the minutes of the July 9, 2003 Planning Commission meeting be approved
as presented Motion passed unanimously.
VI. PUBLIC COMMENT
There was no public comment.
VII. COMMISSION REPORTS
Chairman Bill Gothmann
Gave a brief overview of the Joint Planning Commission meeting on July 17,
2003. Five out of seven Spokane Valley Commissioners attended the luncheon.
The County is presently working on Phase Two of its zoning code, which can be
obtained from the County's website at www.spokanecounty.org. The Phase Two
public comment period begins in September.
The next meeting of the Joint Planning Commission will be on October 13,
2003. The City of Spokane Valley will host the event.
VTII. ADMINISTRATIVE. REPORT
Greg McCormick
Notified the Commission that the City of Spokane Valley is awaiting the results
of the Growth Management Steering Committee's population study report. These
results will provide our planners with an approximate number of citizens to
include in the Comprehensive Plan over the next twenty years.
IX. COMMISSION BUSINESS
A. OLD BUSINESS
There was no Old Business.
B. NEW BUSINESS
Study Session — Junk Vehicle Ordinance
Greg McCormick., Long Range Planning Manager, and Cary Driskell,
Deputy City Attorney, recapped the Junk Vehicle Ordinance history for
the Commission, including the recommendations of the Advisory
Committee. Following discussion, the Commission made the following
recormendations:
Section 4.0 — Exceptions: A sentence should be added to the end of
Section 4.0 clarifying whether the two vehicle exception should be
counted per parcel or per residence and should detail the applicable zones.
Section 4.D — Exceptions: There was a question regarding applicable
zones in Section 4.D. Cary agreed to explore whether the UR -7 zone
ought to be excluded.
Section 8 — Infractions — voluntary compliance: the penalty amount
should be $250.00 per vehicle.
There being no further discussion, the Study Session ended at 8:27 p.m.
The Commission took a brief break.
Discussion of planning and implementing a City Center
Greg McCormick handed out research information to give the
Commission examples of what will be determined during the
Comprehensive Planning process. Lakewood, Colorado, is a prime .
example of a new City that decided to phase in a City Center at the site of
an old mall The results have been excellent for the economic
revitalization of that area.
The Commission discussed some of their thoughts relative to a Spokane
Valley City Center. A City Center should be a community's hub of
activity. The Planning Commissioners were encouraged to develop a
vision of the future City.
X. FOR THE GOOD OF THE ORDER
Excerpts related to animal- keeping from several other cities in Washington State
were distributed with the staff request that the Conunission study these documents
2
and begin to formulate their thoughts about how the City of Spokane Valley
should handle animal keeping within City Limits.
The Joint Conference of the Washington State Chapter of the American Planning
Association and the Washington Trust for Historic Preservation will be held at the
Davenport Hotel October 13 -15, 2003. Staff is looking into the possibility of the
City paying for all or a portion of the registration for Commissioners interested in
attendi ng.
Chairman Bill Gothinan.n handed out draft copies of his "Planning Vision for
Spokane Valley ". There was some discussion about how the Commission wished
to proceed. Several Commissioners expressed the view that a more in -depth
understanding of city planning should precede articulating a vision. It was
pointed out that a draft "vision" should be tested as elements of the
Comprehensive Plan are evaluated and as public testimony is received.
Commissioner Crosby questioned whether the Planning Commission is the proper
forum for individuals to present their testimony regarding individual concerns
related to land usage in their residential and commercial areas. It was noted that
the Public Comment item on the agenda was listed for that purpose.
The Commissioners were reminded about the WCIA Training on Thursday, July
31, 2003, in the Council Chambers from 6:00 — 9:00 p.m. This will be a joint
training session with the City Council.
The next meeting of the City of Spokane Valley Planning Commission will be
on Thursday, August 14, 2003, from 6:30 — 9:30 p.m. in the Council
Chambers.
Xi. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:31 p.m.
SUBMITTED: APPROVED:
Debi Alley
Administrative Assistant
3
Bill Gotlunann
Chairman