2003, 09-02 Study Session1
Tuesday, September 2, 2003
SUBJECT
I_ Presentation
2. Presentation
3. Legal
4. Community
Development
5. Administration
6. Public Works
7_ Legislative
8. Administration
9. Administration
Council Requests Please Turn Off All Electronic Devices During Council Meeting
Dr. Sanger (20 minutes)
Mike Flanigan (40 minutes)
Cary Driskell (15 minutes)
Marina Sukup (20 minutes)
Note: At Council Study Sessions, there will be no public comments, except Council reserves the right to
request information from the public and staff as appropriate.
Study Session A.gcndn. September 2. 2003
AGENDA
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET
STUDY SESSION
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
DISCUSSION LEADER
(written information only)
Neil kersten (15 minutes)
Mayor DeVleming (5 minutes)
David Mercier (10 minutes)
David Mercier (10 minutes)
ACTIVITY
Mirabcau Project Update
Wastewater 1bSUes
Advance Agenda Additions
Council Check -in
City Manager Comments
6:00 P.M.
GOAL
Information
Project Access
Ilotel/Motel Tax Committee lntormation
Proposed Junk Vehicle
Ordinance
Comprehensive Plan information
Shoreline and Critical Area Elements
Sept 9 Agenda
Information
Discussion
Discussion
Discussion
Information/
Discussion
Page 1of1
Region 9: Rocky
Clocktower showing colorful
fall foliage at Riverfront Park.
Spokane
Colorful capital of the Inland North-
west, Spokane serves as a regional hub,
gateway to the Rocky Mountains and a
destination in its own right. Visitors
rave about its arts, architecture, indoor
indulgences, outdoor activities and
abundant sunshine.
When the world held a fair (Expo '74)
here years ago, downtown rail yards
were converted into an attractive
amusement park on the banks of the
Spokane River. Today, 100-acre
Riverfront Park is still the hub of year -
round activity. New attractions have
joined the 1909 hand - carved Looff
Carrousel and other old -time favorites,
including a gondola ride over raging
Spokane Falls. The Ice Palace is open for
skating about half of the year, while
amusement rides take over the space In
warmer months. An IMAX Theatre
projects pictures on the big screen
round the calendar.
Spokane is a community of great
gardens and greens, with fabulous
botanical displays and golf courses
"The Garbage Goat," Riverfront Park.
beckoning from
all corners of
Spokane
County.
Manito Park's
Japanese,
French Renais-
sance, formal,
rose, lilac and
perennial
gardens entice
the senses,
while golf
courses such as
Esmeralda,
llownriver,
Indian Canyon,
the Creek at Qualchan, Liberty Lake,
Meadow Wood and Hangman Valley
receive raves for their fine fairways,
great greens and $20 -524 greens fees.
The new Northwest Museum of Arts
and Culture campus features five new
galleries, an outdoor amphitheater, an
education center, a community room,
the Center for Plateau Cultural Studies
and a cafe. Exhibits and programs focus
on the American Indian, regional
history and visual art. Adjacent to the
MAC is Campbell House, an 1898
Tudor Revival mansion offering invit-
ing, interactive programs. Also down-
town, Spokane's Children's Museum
offers kids a way to express themselves
with activities, games and hands -on
discovery.
Walkers, hikers, hikers and inline
skaters can now step or roll all the way
to Idaho. The scenic Centennial Trail
runs beside the Spokane River from
9,587 -acre Riverside State Park through
Spokane and into Coeur d' Alene,
Idaho. Outdoor enthusiasts often take
the Columbia Plateau Trail to experi-
ence scenic landscapes and frequent
wildlife sightings_ The first four miles are
paved and open for all feet and wheels;
the next 19 miles call to those in boots,
on mountain bikes or horseback.
Sports, arts and annual events thrive
in Spokane, too. From October through
spring, the Spokane Chiefs of the
Western Hockey League regularly hit the
ice, while the Spokane Indians, a Texas
Rangers Class A affiliate in the North-
west League, take the field from June to
September. Spokane's theatrical and
musical scenes are regionally attended
and nationally recognized, with popular
and peculiar offerings through all four
Mountain Gatewa
Mount Spokane.
seasons. A sampling of Spokane's more
unique events includes springtime's
Lilac Festival and Bloomsday Race,
summer's Hoopfest and Cherry Picker's
'Prot & Spit, fall's I'ig Out in the Park
and winter's Cork and Keg Festival.
Spokane also offers central access to
many natural areas in northeastem
Washington. Mount Spokane offers a
panoramic view of the region year -
round and skiing during the white
months. Further north, rural Ferry,
Stevens and Pend Oreille counties
beckon with time - gone -by towns,
charming county seats, scenic rivers and
waterfalls, and more than 130 miles of
lake for fishing, boating and swimming
in the Lake Roosevelt National
Recreation Area.
Spokane Regional Convention Si Visitors
Bureau
(888) SPOKANE
www.visitspokane.com
Spokane River provides downtown waterfel ,.
StaylnWashington.com
87
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 2, 2003 City Manager Sign-off
Check all that apply: ❑ consent
AGENDA ITEM TITLE : Proposed Junk Vehicle Ordinance
GOVERNING LEGISLATION: RCW 46.12 101
❑ old business new business ❑ public hearing
XX information ❑ admen report ❑ pending legislation
PREVIOUS COUNCIL ACTION TAKEN: First reading May 27, 2003, tabled by Council at that
time for additional research and community discussion
BACKGROUND: After the proposed ordinance was tabled on May 27, 2003, extensive work
was done to research similar ordinances from other jurisdictions, to meet with representatives of
potentially affected citizens, and to draft new abatement provisions. The Planning Commission
conducted a public hearing at which testimony was taken The revised draft had nearly
unanimous approval from those attending and comment at the public hearing August 14, 2003.
The attached draft is the recommendation of the Planning Commission.
OPTIONS: Not adopt a junk vehicle ordinance and attempt to enforce the existing ordinance
adopted from Spokane County, which does not promote abatement
RECOMMENDED ACTION OR MOTION: Consent or move to place the proposed junk vehicle
ordinance draft on the September 9, 2003 regular meeting agenda
BUDGET /FINANCIAL IMPACTS This ordinance is intended, and expected to generate a small
amount of revenue, excluding the cost to the City of the Code Enforcement Officer.
STAFF CONTACT. Cary P Driskell or Manna Sukup
ATTACHMENTS: Proposed administrative draft junk vehicle ordinance.
Proposed administrative drift — C. Driskcll
Auzust l [, 2003
Draft 7
CITY OF SPOKANE V ALLEY,
WASFUNGTON ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE
VALLEY, WASHINGTON, REGULATING THE. STORAGE OF
JUNK VEHICLES ES GN PRIVATE PROPERTY.
W HEIAS, there currently exists within the City a large number of private
properties where junk vehicles are being permanently stored in violation of existing
Zoning Code provisions;
WHEREAS, the storage of unlicensed and inoperable motor vehicles on private
property creates a public nuisance and interferes with the reasonable use and enjoyment
of property;
Wes, the storage of junk vehicles on private property poses a threat to the
health, welfare and safety of the citizens of the City, and the City desires to address this
problem;
WHEREAS, enforcement of public nuisances is within the police powers of the
City of Spokane Valley, Washington; and
WHERE, the City finds and declares that it is in the best interest of the
residents and inhabitants of the City to remove ,jurk vehicles as public nuisances, and
provide for their abatement through due process
NOW, 'THEREFORE, THE CITY COU NICIL OF THE CITY OF SPOKANE VALLEY,
WASHINGTON DO ORDAIN AS FOLLOWS:
SECTION 1 -- Purpose and intent. The City recognizes the benefit and erijnyroent
individuals receive from the repair and rehabilitation of old or inoperable vehicles, It is,
however, the purpose and intent of this ordinance to provide for the removal of junk
vehicles from private property that create an attractive nuisance and negative aesthetic
impact upon property and the community.
SECTION 2 — Definitions.
A. "City" means the City of Spokane Valley, Washington,
8. `Code Enforcement Officer" means a regular or specially commissioned officer
so designated by the Director of Community Development for the City.
ticpd work ilestordin ccsijunk vehicles/junk vehicle ordinrune , proposed actinic draft 7, 11`11 - 03
Proposed administrative draft - C. Driskell
August 11, 2003
Draft 7
C. "Director" means the City Manager or designee, who is anticipated to be Director
of Community Development for the City.
D. "Hearing Examiner" means the hearing examiner for the City.
E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in
legal custody.
F. "inoperable" means incapable of being operated legally on a public highway,
including but not limited to, not having a valid. current registration plate or current
certificate of registration.
G. "Junk vehicle" means a vehicle substantially meeting at least three of the
following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of
the following: a broken window or windshield, missing wheels, tires, motor, or
transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value
of the scrap in it.
H. "Person(s) responsible for a violation" means:
1. The land owner where the junk vehicle is located as shown on the last
equalized assessment roll; and
2. The last registered owner of the vehicle, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101; and
3. The legal owner of the vehicle.
I. "Vehicle" for the purposes of this ordinance includes every device capable of
being moved upon a public highway and in, upon, or by which any persons or property is
or may be transported or drawn upon a public highway, including bicycles. The term does
not include devices other than bicycles moved by human or animal power or used
exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670.
SECTION 3 — Abatement and removal of junk vehicles from private property.
Except as provided in Section 4, all junk vehicles placed, stored or permitted to be
located on private property within the City limits are public nuisances to be abated as
provided in this ordinance.
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Proposed administrative draft — C. Driskell
August 1 I, 2003
Draft 7
SECTION 4 — Exceptions. This ordinance does not apply to:
A. A vehicle or part thereof that is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or private property;
B. A vehicle or part thereof that is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler or licensed vehicle
dealer, and is fenced according to the provisions of RCW 46.80.130;
C. A junk vehicle does not include a vehicle which is in the process of being
repaired, as evidenced by the good faith efforts of the vehicle owner. This exception
shall include having up to one "parts" vehicle, from which parts are being salvaged
concurrent with the repair process for the vehicle being excepted from compliance in this
subsection_ Good faith efforts of repair can include producing invoices showing work or
parts purchased for repair or renovation within thirty days prior to issuance of the notice
of violation, or a declaration under penalty of perjury that the vehicle is in the process of
being repaired and has been worked on within thirty days prior to issuance of the notice
of violation. This exception allows up to sixty (60) days for good faith repair. Upon
good cause shown. the Director shall have the discretion to grant one additional sixty (60)
day exception period to this ordinance. Under no circumstance shall any good faith
efforts of repair extend for more than 120 days. after which time this exception shall no
longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel
of land per calendar year.
D. There shall be allowed as exceptions to this ordinance up to two (2) junk vehicles
in UR 3.5 and UR 7 zones, so long as they are completely sight - screened by maintained
Type I or 11 landscaping, a maintained landscaped berm, or fencing. Types I and 11
landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk
vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones.
SECTION 5— Violation notice.
A. A Code Enforcement Officer is authorized to issue and serve a notice of violation
upon reasonable belief that a violation of one or more provisions of this ordinance has
occurred.
B. The notice of violation shall be issued to the person(s) responsible for a violation
of this ordinance. The last legal and registered owner need not be notified if the vehicle
is in such condition that identification numbers are not available to determine ownership.
C. The notice of violation may be served by means of personal service, or by mailing
a copy of the notice of violation to the person(s) responsible for a code violation to his or
her last known mailing address as determined by the Code Enforcement Officer by
certified mail, with a five -day return receipt requested. Proof of service shall be made by
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Proposed administrative draft — C. Driskcll
August 11, 2003
Draft 7
a written declaration under penalty of perjury by the person affecting the service,
declaring the time. date, place of service, and the manner by which service was made.
D. The notice of violation shall contain substantially the following information:
1. The name and address of the person to whom thc notice of violation is
issued;
2. The location of the subject property by address or other description
sufficient to identify the subject property;
3. A description of the vehicle and its location, and the reasons the City
deems it to be a public nuisance in violation of this ordinance;
4. A description of the corrective action necessary to eliminate thc violation;
5. That the corrective action must be performed within fifteen (15) days from
the date of service of the notice of violation;
6. That a hearing will be held by the Hearing Examiner, including the date
and time of the hearing, pursuant to Section 6 of this Ordinance;
7. A statement that if the person(s) responsible for a violation fails to
complete the corrective action, the City or its designee shall initiate judicial
abatement proceedings to remove, impound and dispose of the vehicle, and will
assess all costs of administration, court- related costs and removal against the
person(s) responsible for a violation after a hearing by the Hearing Examiner in
which the Hearing Examiner determines that there has been a violation of this
Ordinance;
8. A statement that the land owner upon which the vehicle is located may
appear in person at the hearing, or provide a written statement to the Hearing
Examiner, denying responsibility for the presence of the vehicle on the land, with
his or her reasons for the denial;
9. A statement that a person responsible for a violation who voluntarily
complies with or allows abatement within fifteen days of receiving a notice of
violation shall not be assessed a civil monetary penalty; and
10. If the Hearing Examiner determines the appellant is a person responsible
for a violation, a $250 civil monetary penalty will be assessed.
SECTION 6 — Hearing on notice of violation.
A. A person receiving a notice of violation shall have fifteen (15) days from the date
of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid
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Proposed administrative draft — C. Driskell
August 11, 2003
Draft 7
imposition of a civil monetary penalty pursuant to Section 8 (Willis Ordinance. A hearing
shall he automatically scheduled, to be held after expiration of fifteen (15) days service of
the notice of violation. The notice of violation shall state the 'time, location and date of
the hearing on the issue of imposition of a civil monetary penalty.
B. The person(s) responsible for a violation. may appear in person at a hearing or by
submitting a written statement for consideration_ If the land owner denies responsibility
for the vehicle being on his or her land, and has provided sufficient written evidence in
support of the denial, the Hearing Examiner is authorized to determine, based upon
available evidence, whether the and owner is responsible for, or acquiesced to, the
presence of the vehicle. It the land owner has not acquiesced in the vehicle's presence,
the 1 hiring Examiner's order shall state such, In that instance., the land owner shall sign
a written permission form at the time of hearing allowing the City to immediately remove
the junk vehicle from his or her real property. if the land owner fails to sign the
permission form, he or she will be deterrnined to be acquiescing in the vehicle's presence
on the real property.
C. If the Hearing Examiner detiennincs that a land owner is not responsible for a
vehicle being on his or her property, the City shall not assess costs of administration
(including civil monetary penalties) or nuisance abatement against the real property
where the vehicle is located.
D. The Hearing Examiner may uphold, modify or revoke the notice of violation as
appropriate. The Hearing Examiner shall provide written findings of fact and order
within five business days of the conclusion of the hearing. The Hearing Examiner's
order shall constitute a final action.
E. If the Hearing Examiner - upholds the notice of violation, the Hearing Examiner
shall impose a civil monetary penalty of $250.
F. A copy o1 the Hearing Examiner's order shall he served upon the person(s) to
whom it is directed, either personally or by mailing a copy of the order by certified mail,
with a five-day return receipt requested, to such person at his or her last known address as
determined by the code compliance officer. Proof of service shall be made by a written
declaration under penalty of perjury by the person effecting senice, stating the time date,
location and manner by which service was made.
SECTION 7 — Abatement — costs — liens.
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_
doixl work Ieo rchrignenejunk vehicles/La* vehicie ordinance - proposal pulrnia draft 7. 8-11-03
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Proposed administrative draft — C. Driskcll
August 11, 2003
Draft 7
B. 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 this Ordinance where other methods of remedial action have failed to produce
compliance.
C. The costs, including incidental expenses, of abating the violation shall be billed to
the person responsible for the violation and shall become due and payable to the City within
ten (10) calendar days after completion of abatement_ The term incidental expenses
includes but is not limited to personnel costs, both direct and indirect and including
attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal
expenses; and actual expenses and costs of the City in preparing notices, specifications and
contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of
any required printing and mailing. All such costs shall constitute a lien against the affected
property and may be subject to collection following a court judgment_ Such a lien shall be
substantially in accordance with the provision regarding mechanic's liens in RCW 60.04,
and said lien shall he foreclosed in the same manner as such liens.
D. The lien 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.
E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk
hauler with notice to the Washington State Patrol and the State Department of Licensing
that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to
this ordinance shall be processed in accordance with the laws of the State of Washington.
F. Any registered disposer under contract with the City for the impounding of
vehicles shall comply with any administrative regulations relative to the handling and
disposing of vehicles as may be promulgated by local authority or the Director.
G. Costs of removal will not be assessed against the legal owner of the vehicle if the
owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101.
SECTION 8 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing
Examiner determines that the person receiving the notice of violation is a person
responsible for a violation, that person shall be assessed a civil monetary penalty in the
amount of $250.00.
SECTION 9 — Junk vehicle abatement program — authorized. The Director is
authorized to develop a comprehensive junk vehicle abatement program. It is intended
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Proposed administrative draft - C. Driskcll
August 11, 2003
Draft 7
that this program will developed through community involvement. The purpose of the
Junk Vehicle Abatement Program is to develop a program that is cost effective for the
City, encourages voluntary compliance, and implements the goals of this Ordinance.
SECTION 10 — Junk vehicle abatement fund — authorized. All monies collected from
the assessment of civil penalties and for abatement costs and work shall he allocated to
support expenditures for abatement., and shall be accounted for through either creation of
an account for such abatement costs, or other appropriate accounting mechanism. Any
monies collected under this ordinance that exceed an amount projected to cover
anticipated abatement requirements within a six month time period shall he placed in the
general fund.
SECTION 11 — Severability. if any section, sentence, clause or phrase of this
ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be
determined invalid or unconstitutional, it shall not affect thc validity or constitutionality
of any other section, sentence, clause or phrase of this ordinance.
SECTION 12 — Effective date. This ordinance shall he in full force and effect five (5)
days after publication of this ordinance or a summary thereof in the official newspaper of
thc City as provided by law.
ATTEST:
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
dcpd work files/ordinances/junk vehicles/junk vehicle ordinance - proposed admin draft 7, 8-11-03
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 2, 2003 City Manager Sign -off
Item: Check all that apply: [] consent ❑ old business ❑. new business ❑ public hearing
X information ❑ admin report ❑ pending legislation
AGENDA ITEM TITLE: Interim Comprehensive Plan /Critical Areas and Shoreline
Management
GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The City Council adopted the Spokane County Comprehensive Plan as
the City's Interim Comprehensive Plan prior to incorporation. The City will be developing
a new Plan consistent with the guiding provisions of the Growth Management Act and
the Countywide Planning Policies.
This presentation covers the Critical Areas and Shoreline Management elements,
including the requirements of the Growth Management Act, the adopted Countywide
Planning Policies, statutory permitting requirements, an overview of relevant elements of
the Interim Plan, requirements for inter jurisdictional coordination, and a brief overview
of the process for developing land use regulations.
RECOMMENDED ACTION OR MOTION: NIA
BUDGET /FINANCIAL IMPACTS N/A
STAFF CONTACT Marina Sukup, Community Development Director
ATTACHMENTS
Presentation
SP6kanen
ley
Shovreiiine M Act
at 9197/1
SMA - Guidelines
Community Development Department
September 2003
® Preserve natural character of shoreline
Long term over short term benefit
Protect resources and ecology of shoreline
O Increase public access to publicly owned areas
of shoreline
3 Increase recreation opportunities for public
along shoreline
SMA - Definitions
• Shorelines — all water areas in the state where
- mean annual flow is 20 cubic feet per second (cfs) for
streams; and
- lakes of 20 acres or larger.
- exceptions are shorelines of statewide significance
STiok2ne
• Shorelines of Statewide significance are:
- lakes either natural, artificial of combination in excess
of 1,000 acres; and
- rivers with an annual flow of 200 cfs or greater.
• Shorelines of the State — all "shorelines" and "shorelines
of statewide significance.
Adoption Procedure
COMMUNITY
INPUT
1
Adoption /Amendment
Procedures
o Submit Draft Shoreline Master Program (SMP) to DOE
a DOE provides 30 day (minimum) comment period
4 DOE may hold public hearing within jurisdiction on
SMP
.ti DOE requests city to review and respond to issues
identified during public comment/hearing period
• DOE provides city with findings and conclusions
If DOE recommends changes, city may agree or
propose alternative
DOE approves all SMP's
Shoreline Classifications
• Natural Area
• Pastoral Area
• Conservancy Area
• Rural Area
• Urban Area
Spokane County will be conducting a shoreline
inventory of rivers later in 2003 or early 2004.
City of Spokane Valley
Shoreline Designations
Natural Shorelines
• Preserve, maintain
or restore systems
relatively free from
human activity
• Areas possessing
natural
characteristics
intolerant of human
use
• Historical or cultural
significance
Pastoral Shorelines
Protect/maintain
shorelines subject
to limited human
interference
a Preserved natural
quality /wildlife
habitat and natural
beauty
• Maintain existing
shoreline character
• Provide for non -
intensive uses
Conservancy Shorelines
Rural Shorelines
• Used for agriculture,
recreational, or low
density development;
and /or
• Potential of becoming
prime farmland
Urban Shorelines
• Water- oriented uses
in shoreline areas
• Intended to
accommodate
compatible water
dependent uses; and
Conprehensvie P
Critical Areas
Community Development Department
September 2, 2003
Critical Areas
® Wetlands
rritiral Ani aifPr RPrharne Areas
® Frequently Flooded Areas
• Geologically Hazardous Areas
• Fish and Wildlife Habitat Conservation Areas
Growth Management Act
O Requires City to identify and protect Critical
Areas
• City adopted County's Critical Areas Ordinance
(CA) as interim ordinance
• City will adopt new CAO as part of overall
Comp Plan/Development Regulation process
• Must use "Best Available Science" to develop
regulations
Wetlands Map
Areas that are inundated or
saturated by surface or
groundwater that support
vegetation that grows in
saturated soil.
1
. In
w
Areas with a critical recharging
effect on aquifers used for
potable water (regulations not
yet adopted by County or City)
100 year flood areas based
on FEMA Flood Insurance
Rate Maps
Geologic Hazards
Map
Areas not suited for
commercial, residential or
industrial development due
to their susceptibility to
erosion, sliding, earthquake
or other events.
Fish and Wildlife
Map
Areas that provide critical
fish and wildlife habitat
MI
DNR Stream
Types Map
Department of Natural
Resources (DNR) Stream
Classification used to
determine buffer widths for
protection of riparian
wildlife habitat.
Type 1 Stream = 250' buffer
Type 2 Stream = 100' buffer
Type 3 Stream = 100' buffer
Type 4 Stream = 75' buffer
Type 5 Stream = 25' buffer
f )NR Srrrnui F\ iwb
fi LSD �.
1 ••• - • r r ,i..0 n ear
600
Slio
.00°Valley
Memorandum
To: Mayor DeVleming and Members of Council
From: Nina Regor, Deputy City Manager
CC: Dave Mercier, City Manager
Date: August 28, 2003
Re: CenterPlace Status Report #1
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org
The CenterPlace project is well underway to meet its tight timelines. Since Council
meeting time is at a premium, we are striving to provide written status reports when
project activities are administrative in nature.
There are three broad tracks to the project: Legal, Financial and Construction.
Attachment 1 provides an update to the timeline which was first handed out at the July 22
Council meeting. Following is a summary of activities for each track.
Legal
In general, the identified August steps have shifted to September. However, this does not
negatively impact the project completion.
Originally, the timeline called for a September adoption of a Bond Ordinance. Sean
Keatts recently suggested a resolution delegating to the City Manager the authority to
execute the bond purchase agreement. This approach gives the City the flexibility to
price the bonds on dates other than Tuesday, which can be very helpful in moving
mark.ets, or when other, larger deals otherwise might impact our own issuance. This
resolution is scheduled for Council consideration on September 9.
Financial
Sean Keatts has prepared a draft financial schedule (Attach.ment 2). We are in the
process of finalising those dates, with the of meeting with rating agencies and
potential bond insurers late the week of September 22, instead of the week of September
29, as the draft currently states.
CenterPlace Status Report #1, continued
August 28, 2003
Page 2 of 3
Construction
Over the past two weeks, City staff and Tan Moore Architects have been meeting to
agree upon all of the assumptions that were built into the building design and the
corresponding construction estimates. No significant cost surprises have surfaced as a
result.
In addition, staff and Tan Moore have met to shift the permitting aspect of the project
into high gear. Public Works and Community Development staff will be taking a team
approach on this aspect of the project.
Public Works Director Neil Kersten has been added to the City's project management
team, and has already proven himself to be a valuable member. His architectural
background and local government experience have enabled him to step into the role of
"interpreter."
Kay Bachman, on loan to the CenterPlace project from Avista, will be creating a day -by-
day master calendar. This will help us to accomplish critical tasks in a timely way.
The next informational presentation to Council will include an overview of the interior
decor choices, as well as exterior design materials.
If you have any questions or comments, please feel free to give me a call.
Attachments:
1. Updated CenterPlace Six Month Timeline
2. Draft Financing Schedule
MONTH
LEGAL
FINANCIAL
CONSTRUCTION
July
Bonds: Approve Reimbursement
Resolution, establishing basis for
reimbursement of expenditures paid now
with Bond Proceeds, once Bonds issued -
end ofJuly (DONE)
Building: Prepare construction
documents (through mid- September)
August .
PFD: Approve lnterlocal Agreement and
Adoption of Ordinance — early August
Scheduled for September 9)
General: Resolve Real Property
Ownership — mid August (Scheduled for
September 9)
PFD: Clarify definition of "Commence-
ment of Construction" —mid August
(DONE)
PFD: Resolve CenterPlace Use Issues
(particularly lease with Community
Colleges of Spokane— CCS) — end of
August (Move to early September)
General: Identify total funding package
for CenterPlace — end of August (Move
to early September)
Bonds: Negotiate contract to prepare
Preliminary Official Statement (POS) and
Official Statement — end of August
(Move. to early September)
building: Prepare construction
documents (through mid - September)
September
Bonds: Adoption of Bond Ordinance and
Completion of Funding — finalize
involvement of the City and authorize
issuance of Bonds — early September
(Change to resolution delegating
authority — Scheduled for September 9)
bonds: Prepare draft POS — month of
September
City Permitting: Architects and City staff
lay out calendar for CenterPlace
permitting process and coordinate steps
with legal and financial tracks of the
project — early September
Building: Finalize construction
documents — mid September
Building: Advertise Bids — mid Sept.
October
Bonds: Send draft POS and other City
financial info to rating agencies — early
October (Move to mid- September)
Bonds: City presentations to bond rating
Building: Open Bids — early October
Building: Council approval of Bid — mid
October
Attachment 1
CENTERPLACE SIX MONTH TIMELINE
CenterPlace Six Month Timeline, continued
Updated August 28, 2003
Page 2 of 2
LMONTH
LEGAL
FINANCIAL
CONSTRUCTION
Note: bolded notes are changes, which will be incorporated into the next version of the table. Italicized notes are additions.
agencies in San Francisco — mid- October
(Move to late September)
Building: Notice to proceed to successful
Bid — end of October
November
Bonds: Sell bonds — early November
Building: Begin construction — mid
November
December
Bonds: Bond closing — early December
(Move to mid November)
CenterPlace Six Month Timeline, continued
Updated August 28, 2003
Page 2 of 2
LMONTH
LEGAL
FINANCIAL
CONSTRUCTION
Note: bolded notes are changes, which will be incorporated into the next version of the table. Italicized notes are additions.
Date Activity
Responsibility
City
09/09
City Council delegates authority to City Manager to execute bond
purchase agreement ( "BPA ")
?
Financial advisor selected
City
09/08
Circulate draft Preliminary Official Statement ( "POS ")
PGE
09/09
City Council adopts interlocal agreement with Spokane Public
Facilities District
City
09/12
Document session to review POS
All
09/19
Circulate second draft POS
PGE
Week of 9/22
Second document session (if necessary)
All
Week of 9/22
Circulate draft rating agency report
LB[, FA]
09/25
Circulate draft BPA
UC
09/26
Transmit draft POS to rating agencies and municipal bond insurers
PGE
Late week of 9/29
Review of rating agency presentation
Meeting with rating agencies and potential bond insurers
City, LB[, FA]
10/16
E -mail POS to i -Deal Prospectus for posting
PGE
10/22
Receive ratings and bond insurance premium quotes
City, LB[, FA]
Week of 10/27
Preliminary pricing
City, LB, FA
Week of 10/27
Pricing and bond sale
All
Week of 11/3
Print and mail final OS
PGE
11/17
Pre - closing
All
11/18
Closing
All
key
City
LB
PGE
FA
UC
$7,000,000
CITY OF SPOKANE VALLEY, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BONDS, 2003
FINANCING SCHEDULE
August 27, 2003
October 2003
S M T W T F S
1 2 3 4
5 8 7 8 9 10 11
12 13 14 15 18 17 18
19 20 21 22 23 24 25
28 27 28 29 30 31
City of Spokane Valley, Issuer
Lehman Brothers Inc., Underwriter
Preston Gates & Ellis LLP, Bond and Disclosure Counsel
Financial Advisor [to be determined]
Underwriter's Counsel [to be determined]
.Attachment 2
November 2003
S M T W T F S
1
2 3 4 5 8 7 8
9 10 11 12 13 14 15
18 17 18 19 20 21 22
23 24 25 28 27 28 29
30
To: Council & Staff
From: City Manager
Re: Draft Schedule for Upcoming Council Meetings
September 9 Regular Meeting 6:00 p.m. [due date Aug 29]
1. PUBLIC HEARING: Proposed Budget Amendment
2. Proposed Zoning Code Compliance Ordinance Second Reading
3. Proposed Ordinance Authorizing Interlocal Agreement with Public Facilities District — Second Reading
4. Proposed Budget Amendment Ordinance = First Reading
5. Junk Vehicle Ordinance — First Reading
6. Hearing Examiner Ordinance Amendment — First Reading
7. Proposed Resolution Accepting Conveyance of Park Properties
8. Contract: Motion to Approve lnterlocal Agreement between Spokane County and the City of Spokane Valley
Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities
and Programs
9. Citizen Participation Plan Adoption
10. Administrative Reports: Opportunity Township Hall
11. Information:
Proposed Methodology for Street Vacation — Cary Driskell
Mintites of Planning Commission
Status of Previous Public Comments /Concerns:
Mr. R Mrs. Stiles, barricade follow -up
Robert Lowe, Code Enforcement
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of August 29, 2003 1:50 p.m.
Please note this is a work in progress; items are tentative
September 16 Study Session 6:00 p.m. [due date Sept 5]
1. Proposed Nuisance abatement ordinance - Cary Driskell (10 minutes)
2. Memorandum of Understanding re Cable TV Advisory Board - Cary Driskell (10 minutes)
3. Probation Services Discussion — Cary Driskell (20 minutes)
4. Proposed Towing Memorandum of Understanding — Cary Driskell (10 minutes)
5. Proposed Resolution Delegating Hearing Examiner re Dangerous Dog (15 minutes)
6. Comprehensive Plan Economic Development .Element Discussion — Marina Sukup (20 minutes)
7. Wastewater Issues Discussion:- Neil Kersten ( 20 minutes)
8. Proposed Agreement for Sewer Extensions and Operation (STEP) — Neil Kersten (20 minutes)
9. Right -of -Way and Cross- Circulation Between Appleway and Sprague - Neil Kersten (20 minutes)
10. Adoption of 2004 Goals —Nina Rector (5 minutes)
I 1. Advance Agenda Additions — Mayor DeVleming (5 minutes)
12. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 165
Max mtg time: 150 minutes
September 17 "Conversation with the Community" 6:30 p.m. — 8:30 p.m.
Central Park Condo Center, 6011 East 6 Avenue
Advnnc Agenda —Draft Page 1 of 4
Revised 8/29/2003 1 :55 PM
September 23, Regular Meeting 6:00 p.m. [due date Sept 121
1. Junk Vehicle Ordinance — Second Reading
2. Hearing Examiner Ordinance Amendment — Second Reading
3. Proposed Budget Amendment Ordinance — Second Reading
4. Nuisance Abatement Ordinance — First Reading
5. Proposed Resolution Delegating Hearing Examiner re Dangerous Dog
6. Memorandum of Understanding re Cable TV Advisory Board
7. Agreement for Sewer Extensions and Operation (STEP)
8. Probation Services Agreement
9. CDBG Application
10. Administrative Reports:
Discussion of Proposed Resolutions to Extend Interim Fire District Annexations w /Fire Districts 1,8,9
Housing Code Violations — Cary DriskelUTom Scholtens
Street Lighting — Cal Walker/Neil Kersten
Police Station Purchase and /or Maintenance and Operation — Cal Walker/Nina Regor
Proposed Emergency Management Services Interlocal Agreement •
11. Information:
Status of Previous Public Comments/Concerns
Department Monthly R.eports
Minutes of Planning Commission
September 24, 2003, 1:00 p.rn. Public Transportation Improvement Conference, Spokane Transit Board
Meeting , 1230 W Boone Ave, Board Room (notices will be mailed from_STA)
September 30, 2003 — no meeting
October 7, 2003 Study Session 6:00 p.m.
1. Wastewater Issues Discussion —Neil Kersten ( 20 minutes)
2. Comprehensive Plan Housing Element Discussion — Marina Sukup (20 minutes)
3. Council Check in — Dave Mercier (10 minutes)
4. Advance Agenda Additions —'Mayor DeV Leming (5 minutes)
5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65
Max mtg time: . 150 minutes
October 14, 2003 Regular Meeting 6:00 p.m.
1. Public Hearing on Budget Revenues/Fee Schedule for 2004
2. Nuisance Abatement Ordinance — Second Reading
3. Proposed Bond Ordinance — First Reading
3. Proposed Resolutions to Extend Interim Fire District Annexations w/Fire Districts No. 1, 8 and 9
4 Police Station Purchase and /or Maintenance and Operation Agreement
5. Administrative Reports:
6. Information:
Status of Previous Public Comments /Concerns
Minutes of Planning Commission
October 21, 2003 Study Session 6:00 p.m.
1. Proposed Sewer /refuse collection ordinance — Stan Schwartz (15 minutes)
2. Wastewater Issues Discussion — Neil Kersten ( 20 minutes)
3. Comprehensive Plan Utilities Element Discussion — Marina Sukup (20 minutes)
4. City Legislative Agenda Discussion — Dave Mercier (15 minutes)
5. Advance Agenda Additions — Mayor DeVleming (5 minutes)
6. City Manager Comments — Dave Mercier (10 minutes) TOTAL M1iVUTES: 85
Max mtg time: 150 minutes
Advance Agenda — ()raft Page 2 of 4
Revised 8/29/2003 1:55 PM
October 28, 2003 Regular Meeting 6:00 p.m.
1. Proposed Bond Ordinance — Second Reading
2. Sewer/Refuse Collection Ordinance — First Reading
3. Setting of Property Tax Levy
4. Administrative Reports:
5. Information:
Status of Previous Public Comments /Concerns
Department Monthly Reports
Minutes of Planning Commission
November 4, 2003 Study Session 6:00 p.m.
1. Wastewater Issues Discussion —Neil Kersten (20 minutes)
2. Comprehensive Plan Parks & Open Space Element .Discussion — Marina Sukup (20 minutes)
3. Council Check in — Dave Mercier (10 minutes)
4. Advance Agenda Additions — Mayor DeVleming (5 minutes)
5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65
Max mtg time: 150 minutes
(November 11, 2003 Regular Meeting falls on Veteran's Day)
Wed, Nov 12. 2003 Regular Meeting 6:00 p.m.
I. Ordinances: Proposed Sewer /Refuse collection Ordinance — Second Reading
2. Resolutions
3. Motions: Council Sets Budget Hearing
4. Administrative Reports
5. Information:
Status of Previous Public Comments /Concerns
Minutes of Planning Commission
November 18, 2003 Study Session 6:00 p.m.
1. Proposed Library Agreements — Nina Regor (10 minutes)
2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes)
3. Wastewater Issues Discussion — Neil Kersten ( 20 minutes)
4. Advance Agenda Additions — Mayor DeVleming (5 minutes)
5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65
Max mtg time: 150 minutes
November 25. 2003 Regular Meeting 6:00 p.m.
1. Final Budget Hearing to Adopt 2004 Budget
2. Annual Appropriation Ordinance — First Reading
3. Administrative Reports:
4. Information:
Status of Previous Public Comments/Concerns
Department Monthly Reports
Minutes of Planning Commission
December 2, 2003 Study Session 6:00 p.m.
1. Wastewater Issues Discussion —Neil Kersten (20 minutes)
2. Council Check in — Dave Mercier (10 minutes)
3. Advance Agenda Additions — Mayor DeVleming (5 minutes)
4. City Manager Comments — Dave Mercier (10 minutes)
TOTAL MINUTES: 45
Max mtg time: 150 minutes
Advance Agenda — Draft Page 3 of 4
Revised 8/2912003 1:55 PM
December 9, 2003 Regular Meeting 6:00 p.m. (meeting may be cancelled or re- scheduled!
1. Annual Appropriation Ordinance — Second Reading
2. Administrative Reports:
3. Information:
Status of Previous Public Comments/Concerns
Minutes of Planning Commission
December 9 — 13, 2003 National League of Cities (NLC) Congress of Cities, Nashville. Tennessee
December 16, 2003 Study Session 6:00 p.m.
1. Proposed Library Agreements —Nina Regor (10 minutes)
2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes)
3. Wastewater Issues Discussion — Neil Kersten (20 minutes)
4. Advance Agenda Additions — Mayor De\Tieming (5 minutes)
5. City Manager Comments — Dave Mercier (10 minutes). TOTAL MINUTES: 65
Max mtg time: 150 minutes
Advance Agenda — Draft Page 4 of 4
Revised 8/292003 1:55 PM