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2005, 01-11 Regular Meeting AGE.NDa SPOhA1E VALI,Fl' CITY COIfiClI. REGULAI2 MEETING #58 Tucxdav. ,Ianuary 11. 2005 E,:INI p.m. CITl' IIAi.i. :1T REDW001) PLAZA 117U 7, F.aSt Spragur Avcnuc. First Floor Council Retluesb All Eicrtn)nic Urvicc~ be Turned Ufi llnring Coancil ~1eeting CAL.L T(1 OR1)ER 1NVOCA7'(ON: f'atitm Nlunuel L)ennini;. Fuuntnin Mini,~trits FLFDGE nF AI.LEGIAIVCE RO[.L C4LE. AAPRON'Ai. ()f AGENII:1 fti'flt(IDUCT'ION OF SI'ECIAI. GCEti7'S ANU YRF.SE:tiTATI(!\ti Cty?►tM1TTF.F:. BC1ARD, I.IAI50N SUM.riARti' REPURZ'ti NlAYUR'S RTPORT: f'L!Bl_IC Cn11WEN7'ti f,>r memt►ers ofthe !'ublic 105PeIA. td) thC (Oun0l lUgrtrdiug mattcts NnT un the Agendn. Ple:i;e stnte your name and nddress fvr thc rocurd mid licnit rcmarl:s to thnx minutcs 1. CONSF.N"T AGENDA Cansists of i1rm5, considt-red routinc whic:}i are npprovcd as agruup. A i'uuncilmcrnber mny remove an item f'ram the Conscmt Agendn to te considcred separatflh. a. Approvnl af Rcgulpr Cauncil Mecting Minutcs of C)cc:cmbcr 11, 2004 h, Appruval of Study Scssion Minutcs of ikxcmber 21. 2004 c Approva) of 5tudy Session htinute$ of January d, 200-5 d Apprt-val ot Rcscalution US-I1O l, Addlitg Ccntcrf'I.izr Cootdin::tctir 4'osiiit,,ii r. Appcoval of Fnyrol) of I:kcrmhcr 15. :!(1(1:1 of $ I07.04 5. +7 f .4pprnaal of Pttyroll of Uccrmber 3!,200:ti ,,r $I54.0ti f 1: g Appmval of thc Fotlawing Vouchtr.; VC)UCNER LIS7' VC)1.!C'I-1I:R I U T AL nAT1's Numbor(s) VOUCHLEt AM()UNT ~ 12-10-04 5934-5497 7$,5 3i.5 ; i2-I?-U4 6005-603 I Icss 6013) 347,i03.8* I2-23-44 6032 60,63 ~ 12-23-04 6033-6057 11036.318.39 ( -1-3t)-04 6058 - 6080 467.069_02 (iRAND Tf_1T'AL 2.020.407 ,lfi . . I I . 9li '~I'~i = i•irst kc.ading • : Maritui Sukup I puhlic cummcntl First Rcading: Proposed 4rdinancr f)i_(}p? Amcndirtg Park Violations to Cinss 3 Vio1:,- Can, Driskell (public commrnt~ -i 1lmliq1 (',tfltildcrat+on ffcilssr.'tticm nCSi1rP1w I'i 1:I h ~ riN ►Vi Crimz Chu.k ljpdaEe - t.al Wulkcr/Lurl" Mi: 6. Utitiiy"1'ax Report - Krn Thompson I'inesfINansficld I.lcvclopmrnt Agrcrmcnts tlpda,t; 8. Pawn Shop Regulntian - Cal W'blker 1) . Gracr►acm. Rczone Procxss - Scott Kuhta►Jash l,can. 10. Chasc Youth Advisnry Council - Wrndy Acostn, l',_. 11.1NFOILti147'IC)N UNL.lr': [no public cummen! a. f'uhlic ln!ormatiun Cffixr - Nins► Regor h Spoi:ane (',,untt 1 irrnrv ni-tri::tNnv;nif, A[).Il)i RegulurCnune!/Me... Cormci! Srudy Sessfons ate geiieralls, held 1". jf' anri S(h 7'aesdays, beb►inniiix at 6:00 r. Ollrer Tentatit-e ttpcoinfnQ 1SIeetings~~%wnts: )anuary 17, 2005 - Cit} 1 lnll Closrd, titartin Lulhcr Kiog 1r Dirthdu}, Obscrveci lanaary 19,2005 - Convrrsation with thr C'ommunity, 6 p.m., 5pxsrts USA Frtxuary I, 2005 - Jc+int fvlecting, Council and Ntanning Comm't_csion Fetxuary, 12. 2005 - Haif nay Council; Staff Rrtrcnt. 9 a.m. - I p.m. Niarch 15, 2005 -No Cuuncil M«ting ur Study Scssion April 14, 2005 - Comcrsation with the Community, 6 p.m. Prntt Elenuntary, 6903 E 4°i Ave Jun: 11. _"004' Mid-1"ec:r Cotm:il'tit:iff KptreaL 9 a.m. - nnon tiCl'tll:f: IcuiiviJuals plnnning to atteud thc meccing wtw m{uire special assW=e h) necummodntc ph}Nicul. hearing, or other I Um.taJIillCftLl. plCaSC Cof1':Lt:l ltlf C,It\' ('}C/I; at (i{ly) q2 1 -1 Il(KI a:; 5{1o[] ~NS r%OLSII!k_ Y.1 LlIl.S ~1'~.l►l~,C,'llCiiin'11;N !.^.Ufj[ lil-! (-i1' ftc{:u:a: P.1rct;riF k:~ . , DRA-r-r MINUTES City of Spoksnc Vallcy City Counci117egul:ir Mceting Tuesday, llcccmber 14, 2004 Mayor Wilhi[e called the meeting to order at 6:00 p.m.; and welcomed cvcryone to the 57'h meeting. Attendunce: Councilmerabcrs: StsifC: l7iana Wilhite, Mayor Qave. Mercier, Ci[y Managcr D1Ch Utl]CI111y, Couneilmember N'ina Reior, Depufy CiC}, iManager Gary Schimmels, Councilmember Cary Driskell, Deputy City Att4rney Mike Flanigan, Councilmembcr Ken Thompson, Pinance Director Rich Munson, Depuh, Mayor Marina Sul:up; Communily Development Director' Neil Kersten. Public: Works Director Mike Jackson, Parks and Recreation Director Ahsent: Tom Scholtens, Building Official Mikc IaeVlemine_ Councilmember (cxcused) Scott Kuhtii, Long Range Planner Stcve Worley, Senior Engineer Cal Walker, Police Chief Grcg McCorrliick, L.ong Itange Planning Manager Bing (Grcg) Bingaman, IT Specialist Sue Pearson; Deputy City Clerk Chris Bainbri(lge, City CIcr1: I,YVOCATION: laeputy Mayor Ulunson gave the invocation. I'LEUGL OF ALT..FGiANCE vlayor Wilhite led thc Pledge of Allegiance. ROI.,I,. CALL Cih' Clerk Bainbridoe called t1ie roll. All members of Council were preseitt except Councilmember UeNtleming. Mayor Wilhite• stated that Councilmember DeVleming asked to be excused due ca illness. It ►vas nroved by Depi.rry Miryar Munson und seconded Gy Councibiieryrber Tcrylor to exccise Cuinzeilme►nber DeVlernirtg from lonight's meeting. Vote hy Accdamatio»: Irr F'avor: Uiiaiiimnus. Ol)po.sed.• elrone. Absteirtioris: Not7e. A7otio» carrred. Alli'uOvAL OF AGTNnA 1t 1+10s moved b}, Cocnicilmenrber Flanigan Und .ceconded by Councibnenrber Denennry to apprave the agetrdcr a,c presenred. Vote by Acclunration: In I'uvor.• Unaninrous. Opposed.• ?Vorre. Absteritions: A'ot1e. Motion cur►-ier.l. C0117M1TTEE, L;UAkI), UATSQN SUNIlVIA.RY REPORTS Cnirncil►iretnber Deirefiiry: mentionect he attended die recent Gcoiiomic Summit hosted by the County Commissioners lasl Wcdnesday, and that the meeting was well attended iind materials well presentecl. Coinicilnrenrber Flairigan: e.xplained that he attended the HoteUMocel dinner last week; attended s£veral open houses and ribbon cuttings; and at the hotel/motcl committee mecting last night, discussion was held concerning the contract and lerier to be sent to the ~rant recipienLs and that those documents will cantain verbiage to a<lciress the need cliat each entity demonstrate how the funds wil) benefit Spokane Valley. f ' DeputY Aquyar Mzrnson: repoirted that he attended the Light Rail Steering Committee meeting where it J was agree.d that the new contract to concinue the light rail planning praeess will be forwarded to the STA 13oard of Directors. Councii Mcccing: 12-14-04 Fage I of 8 Approved by Council: DR.AFT Cotorcilmernbcr Taylor: stated that he attended the NILC in lndianapolis, anci thal: it is ahways gqod to sce haw ather municipalities handle similar challenges and successes; he also attended the Spokane Convention and Visitor's 13ureau f3oard meetinb, t.hat khc budget was approved, and the Board voiced ics concern about the decline in non-TPA reveiiue.s fi-om the various jurisdietions, and stated that if this conUnues, they will be hearing sicnifcant c.omplaints from hoteliers regarcling the Ic%ry of the TPA tax; and that the concern eould lead to non-renewal of the acl(litional bed tax when it comes back in a few years. Couneilmeirther ~S'cllinintels: explained tliat he attended the Solid Waste Liaison Eioard Mcetinb a few weeks ago, and lhey have also adopted their 2005 budgel; he alsp a-ttenclecl the $pokarne Regional Transportaiion Committee meeting, that they had a call for projects and the City of Spokane Valley subrnitted several projects, and of the six projects submitied vying for a share of the $5.4 rnillion, our share would be $570,000 over a three-year time perind. N1.4YOR'S REPORT: Mayor Wilhite rcported that she also attended the hotellmotel dinner, and was in attentlance at the recent Spokane Counry Econoinic Development Summit. PUBLIC CO~yMENTS: No comments were off'cred. 1. CO\'SENT AGE1YllA Consists of items considered rouline which are approved as agroup. A Councilmember may remove an ilem from the Consent Agcnda to be considered scparately, a. Flpproval of Rcgular Council Meeting Minutes ofNovember 30, 2004 b. Approval of Study Session Minutes of llecember 7, 2004 c. Approval of Resolution 04-026 Amending Resolution 04-018, Stucjenc Advisory Council d. Approval of :Student Advisory Counci) Bylaws e. Approval of Resolution 04-027; C:reating an Engineer Classifcation and Job Description f. Approval of Payroll of 'November 30, 2004 of $145,234J8 g. Approval of the rollowing Vouchers: VOUCHER LIS'I" VOUCI-IF.k TOTAL VOUCFIEK Ca.4°I'E Numbe s AMOiJiNT 1 ] -24-2004 5884-591 9 2,609,240.42 12-03-04 5932-5953 29.345.50 GRAN°ll I`OTAL 2_63$,585.92 It was maved by_Deputy Mayor )Wunsnn mrd secorrded hy Cotincilnrember Fluniguir to waive the readirrp,, arid approve tlrc canserrt agencltr. Vute hy Acclcnrlution: Iir Fuvor: U'nanimous. Oppased.' None. Absterations: 1lrorre. 1ll66on carried. r`1:V1' BUSTIN:rSS 2. First Reaclint Pronused Orclinances, to Amencl Comprehensive Plan- ScoYt Kuhta Prior to the presentatian, Mayor Wilhite asked if any Councilrnember has a confliec of interest, or patential conflict of interest regarding any of the proposed comprehensive plan ortlinance amendments. Councilmember Denenny stated he has a portion of an aircraft hanger within the area of Fclts Fie1cL but is uncmain if ihat presents any conflict of inCerest. Mayor Wilhite also noted that as a business oNmer, she lias on occasion done business with a nurnber of pcople who may come before this Council, and asked if that interest/interaction represents a conflict of interest. After vlr. ]ariskcll's explanAtion of the Washingh:on Statc Munieipal ConilicC of Interest Act (RCW 42.23, adopted 1961), it was determined that Mayor Wilhite and Couiicilmembcr Denemiy did not have eonflicls of interest. " Council A4ecting: 12-14-04 Pabe 2 of 8 Agprovcd by Council: 17R-ANT Via his PowerPoint presentation, T.,on3 Itange Planner Kuhta explained the rrocedure of passin5 comprehensive plan timenclments, discussed the pronosed amendments, and the other proposals not contained in tonieht's ordinanccs. a. Ordinance 04-049. File No. CPA 01-04. sauth side of Dishman-Mica Road After Cit_y Clerk Bainbridge read ordinance title 04-049, it was moved hy 1)eputy Mayol- e19ui7son urrd sEC•onded bti Coi:rncilrnember.Flanigun, co advarrce Ordinance 04-049 to a secontl rEadirlg. 17eputy City Attorney Driskell reminded Council t:hat there was a public hearing on this matter before the f'lanning Commission, and wMile Council has the prerogative of taking public comment, i:f additional public t:estimony is desired, Council must refer tliis matter back to the Planning Commission a,,5 any decision Council W(11lICI retich on this matter must hc basect an the already developecl reeord established by Uie Planning Commission; an(l Council should refrain f'rom taking new or dilIerent public tes[imony/comments from that which Wfi5 taken and heard durin€ the Planning Commission public hearing. Bricf cliscussion was held concerning Council taking public comment on these issues af'ter a public hcaring has alreiidy been held at the Plaiining Commission level. Mayor Wilhite invited public commcnt; no comments were nffered. Yote by ucclaniatrai: Lr /+'avnr.• (hrtiirrmous. Opposed.• None. Abstenliuns: Atafle. Alotion carried b- e. Ordinance 04-050, File No. CPA 02-04. north side of Broadway Avenue; Ordinance 04-05 1, File No. GPA 03-04. south side of Springfield Avenue: Orclinance 04-052, File I~'o. CPr1 05-04, north side of Vallevwav Avcnue; Ordintince 04-053, File No. CPA 08-04, narlh of Rutter fZaad. It was Council consensus to read and cnnsider the four ordiriances its one unit. Prior to reading the ordinance ticles, it was cietermined that Council will not take public comment whcn all these ordinanees come before Counc.il i'or sec:ond readings; as there would be no effective time for staff to scrutinize the record and advise Council as to Cescimony content and eonsistEncy with what was heard and talcen at the ~ Planning Commission Public Hearing. City Clerk Bainbridgc then read each ordinarice title. It was rnovecl by Deputt; Mrrvnr Murr,son ancl seeoncled by Councilrnember.Denenn}!, !o advance Ordri7ances 04- 050, 051, 052, und 0531o a secorrd readii7g. Mayor Wilhite invited public coilitnent. Totry L.rrza»is, Sf)okane Valley, came to the lectern to spcak. Before speaking, it was asked by Deputy Cit:y Attdrney I7riskell if Mr. Lazanis testified at any of the earlier public hearings or particirated in lhis matter, and ii' he has part.icular comments, to identify which ordinance he wishe5 to acldress. Mr. Driskell added lhTt this question will also be posed t.o anyone offering public comments tonight oii these issues. City Manager Mercier asked VIr. Lazanis if he o.fferecl testimony at the public hcarin3 before the Flanning CUmmission. Mr. [razanis saicl he clid not testify at the publie hearing. Mr. Mereicr then explained that Council may take the public cornrnent from Mr. Lazanis, keepinE in mind that Mr. I„azanis' commcnts cannot be given any weight in the Council's decision making on ehe5e issues. ylr. L:i•r_snis t:hen stated that we adopted the Counl:y's Comp Plan, and that the people are likely not familiar w1tIl tI18 CI11tlgCS being maclE and ihat the public needs iiiore information. Msyour VVilhite explained the process of the public hearing and of the notification process so those impactect wnuld be aware of ihe hearing. vlziyor VJilhite asked if 3nyonc who attended the public liearing wrould like to make public comment now on these propqscd ordinances. As there was no further eouncil discussion, vote by acclanarrtinn wus luken: In Fmlor: Urtrntlmous. Opposed: iNTone. tlbstentions: None. Motiorl carried. 3. First ltcadiniz Froliosetl Orclinance 04-054. RT7 17-04; Area VVide Rezone - Scott Kuhta Idong R.ange Planner Kuhta gave his overview of the area-wide rezone proposed f'or the Greenacres nei;hborhood, of [he process to date, of tlie history of the area, and that the Planning CUmmiS5i0il recoinmends itpprovaL Councilrnernber Denenny stated his need to have information concerning what ~ ean lje rcquirecl af a developer in any given area. Attorney [ai'iskcll explained that thcre is well developed cass law which proceeded to the Supreme Couri, where a developer was reyuired to pay for some street improvements which were not directly connected to the development, aild the Supreme Court stated there Cokincil Mce[iag: 12-14-04 Page 3 ofR Approvcd by Council: 17R.AFT must be a nexus bctwcen what is required by the City f'or improvement, and it must be proportional to the impact fi•om the development on the public infrastructure. Mr. Driskell cxplained this must be donc via a ` `traffic study or some rype of engineering analysis which shows tliat a certain development will result in the harm you ask thcm to cure; but thac ic does not have to be exact but iilust be roughly proportional. Councilmcmber T'aylor asked about impact fccs, and if there were impact fees implemented, wrould the individual developers not have to go through with individual studies done becausc the study for the area woulcl already be conducted. Mr. Mereier responded that in Washington state, there are hwo different approaches: one is clevelopment site specific analysis; dr eommunities have aclopted a transportalion impact fee ordinance which would quantify the amount of money that would have to be contributed based upon the type of develepment activity oc.c.urring; e.g. commercial fast fafld versus single family residential. iMr. Kuhta added that if an impact fee ardinanee were adopted, there is an arnount of stutly tliat rnust be conducted tn determine the per house or per dwelling impact, or what kind of improvements would be made for the area. Mr. Mereier also statcd that any impact fee that a Council may wisli to adopt would he preceded by a sCudy analy2ing the particular topic area. 17eputy Mayor Munson asked if this ardinance were adnptecf, woulct there be any way the City could impcclc [tic clcvelopment of these properties under UR-7. Deputy City Attorney Driskell said that of the properties already vested through submittal of complcte applications, the City could not Icgally impede the development; ancl that if there Nvere a preliminary plat application moving forward and the applicant fails to act on that and it expires by passage of time, then it would revert t.o the underlying zoning, and the applicant wrould not get the benefit of thc increased density. ln further discussion concerning concurrency nn this clevelopment, M.r. I:uhta explained that it would have to be determined how much traffic would be gcnerated from that development, where the traffc would go, and what intersections the traffic would affect, and if the intersections would not mcct the current level of senvice staiidards, thcn the devclopmenc woulcl be denied or thcrc must be a way to i►nprove the intersection so that it meets the level of service standard; and right now our cun•ency regulations only Inok at impacts to intersections; and in this case it would not be the improvements of the entire roadway. Mr. Kuhl:a stated that with the exception of this area, the entire surraunding area is UR 3.5, that this lowers density, will provide fewer cars antl will have less impacts, ancl it will be more cnnsistent with the naturc of the dcvelopment which has occurred; that the di1'ference bet«<een UR-7 and UR-3.5 is a differe.nce between a 10,000 square foot minimum int in UR-3.5, and 6;000 square foot in UR-7. Attorney Driskell stalecj that staff received a Ictter today from a representative of Centennial Fropenies highlighking what they feel are legal de.ficiencies in the process in moving this issue from the Planning Commission to City Council, and that lie will review that more in depth ovcr thE next few days and can rcport more in det3il at the next reading. Mr. Driskell added that this proposal is an area-wide rezone and is not site specific, amd eherefore comes uncler different regulations than the previous ordinances. Ai'ter City Clerk 13ainbridge read ttie ordinance title, it was nroved by Iaepuly Illiryar Alimson nnd .reconded by Cotarcilniember Denennry ta utfvance a•tlirrur2ce 0=1-054 to u secorld reading. Mayor Wilhite invited public comment. Jumes Pallard, 17216 T' Baldtivin, Greenacres: he thanked Couricilmember Taylor for bringing up c.oncurrency which has been brought up by area homeowners since luly; he stated that tMe atlorney's rernark conoerning the nexus in State I7evelopment Manual also states that "development cannot imply a burdcn on pcrsonal buyers, low income people and the elderly," wfiicll he stated, by clevelopers coming in arid building and walking awa_y with profits, and then citizeris discover that roacls cannot handle the G3p3CIty, he said would impose on low income people in that a3•ea; that in deterrnining trafFie conditions, the City of Spokane allows clevelopers to set up studies, which chey pay for, on level of service on roacls; and that he Feels there are things that siill need co be laoked ar, there tire promises being made or concerns being whitewashccl and he feels it needs further review. Council kNIeeting: 12-14-04 Page A of 8 Apprpved hy CUUneil: DRt1FT Ricl•tord _Armet7, 17601 l:ast Alissioii, Creeriacres: said he docs not (ive in the area but livcs across the street from [his area; said he helped ;et some of'the petitions signed and no one turned him down; that: the ' neople out [here do not want UR-7 but there sre sorne devcJopers t:hat wvni it to make mqri: money; and SOmc prUperty Cnvners who want it so they too can make more mone}', that the developers come out iuid approscti someone who has cen acres, and tell them that he can givc them $240,000 for that ten acres, but if it is zoned, UR-7 he can give thein $340,000; and so that owner will want the extra money roo; he stated thaL the petilion daes not say to zone it to UR 3.5 eacept for those who don't want it; it says "the area" and it gives the borcters: lhe River, vlission; Barker; he also qucstioned how R1111y of those individuals are vested, that the petitions were submitted Early and some of those applications came in afterwards, or someone held up the petitions so thcy could get applications in, and that necds t.o be examined; he staied that hc I:nows that one developer got his application subrnittetl in time, and that the others are questionable; that 72% of the people in the area signecl the petitian; and that dle people in Grcenacres are aclamant that they do not want to be UR-7. Jnire CourcJraine, 17201 East Cataldo: said that she bought thc property an the corner of Greenaares ancf Indiaria; tMat shc kncw it was UR-7; she came tn the City and asked what the zoninc, was; she asked about the sewer plan; and she closed the prop-ert), Taecembcr 30, 2003; ancl was told that she was in the six-year plan, so she hirecl the engineer to stiirt her project; and partially throuch she was informetl there was an error and she was nat in tMe six-ycar plan as that was not adopted until October; so she decidecl to wait until October; then she saw a sign about the zoninj being taken away; that she did everything she had to clo; ancl iI' this is changed she thinks it may constitute a taking, although she sCated she doesn't know exactl}, what a taking is; she believes she is vestcct anc) wants te continue being vested; she also objccts to this being disctissed in November when it was her understanding it was not going to be discussed until December and she was out of town in November; t;hat she acted on City official's recAmmendations of what was available, and now it is being taken. Jumes Pullard, 17216 f Bald►virr: said that when people complain about a takings, that Council nesds to look at Chc time of applications, that this was brought up during the planning meecings, and when the Planning Commissian discussed it some people khere complained about potential use af property and they had ample time to present applications and this nevcr done. 1'utrrcia Abru6ram, 1920 N Greenucres Raud: said she beeame a property 4wner December 30, 2003 and never received notification of a petition to change, the zoning and was not aware of that issue until signs , went up and she got a letter fpr a Plannin5 Commission public hearing; that slic wasn'1: originally notified of a petiCion; and that some people signed the petition because they felt uncomfortable not doing so, and she has concerns of the legal nroeess. 7'ami Palnrqciist, speaking ar beiiulf vf Centennicrl Praperties: she read the prcpared letter, which letter was later distributcd to Councilmembers; and that it is stated in that letter that Centennial Properties' recommendation is that a transition huffer be createcl between the heavy commcrcial uses along the freeway to thc lower clensity UR 3.5; thal the Uft 7 buffer could be eatcnded to Flora Road, and they have spoken to property owners in the area who support that cancept. f'.I Dullarrty, .h., 422 i3lesr Riverside, Spokune: said that h-c submit[ed the letter Cary referenced earlier oii behalf of Centennial F'roperties; thai he feels there are some procedural issues to address; that our ordinance requires in this type of'rezone, that our Planning Cammission, acting as a hearing body, must make t"indings, Decisinn, and Conclusions, i►ncl an zinalysis of haw and why they got to where they are before they can recomme.nd to the City Council; t_liat he fnds minutes in the tilc but nn Findings, and Feels the matler needs to go back; that this not an irnplementing ordinance of the comprehensive plan, that 1 it is notv UR-7~` which is the implementing ordinance undcr the current comprehensivc p1an; that if we are goin~ to change the zone, chen the rules of Par~~•idge are applicable; and that certain things are required and do not appear to be included in the record to support a re-zone; nothing has changed and Council N4eaing: 12-14-04 Page 5 oC 8 Approvcd by Council: L7RAF1' there neecis to be a showing Qf changed cQnditions or cireumstances that would reyuire a re-zone; and that. there i5 a presumption of validily with UR-7* and that has noc been overcome. He menCioncd that he did ~ not have timc to review the Public 1Vorks Staff report. He added that it must be shown that this request would relate to the hcalth, welfarc and safety of the citizens and property owners; and he ask5 that Council refer tihis back to the Planning Commission to make the appropriate Findings and analysis. Scan Sc6mltz, 425 Srllpirie Drive, .T,iberty Lakz: he stat:cd that he is a semi-retired lawyer; that he practice.d environment,31 and land use law for over 30 years; and that he represents Ken 'I'upper and a c.ompany that he devrelops called "I.ots and Land;" that most nf his property showm an this map is vested and the rezone doesn't affcct him or the L:1..C much. Mr. Schultz stated he scnt Attorney Driskell an e-mail concerning similar remarks made by Mr. Dullanty; that he asked City staff for eopies of the Planning Comrnission FindinF;s, thai he received a copy of the minutes but no Findings, and that the minutes do not meet the legal standards for Findings and he urges Council to send this back to the Plannin~ Commission. Mar), Pollurd, Creenuc•res: she stated that there are snme gootl findin's from the I'lan.ning Cornmission odier than antidotal, and feels there is arnple information; ttiat there has been a change in the area, Uecause of the rezone to UR-7, which is an adminisiral'ive decision, that it has brouSht about new developments thai are vested, ancl make•s a huge impact a,s there are 15' roads that are not even meeting lhe County's standards; and she estimat.es on her road alone there would be 1,000 cars trips per day; that the zoning designation of UR 3.5 was very short lived as it was in error, it was agricultural prior to that; lhat the neighborhood is an old neiohborhood; people bought property under UR 3.5 or even with UR-7, if they Mad te» acres and wanted to build a barn, that would be a nonconforming use; and that is why she fought so hard for diis kind nF zone change ten years ago, that they were gfianted tha1: c.hange. She stated she feels there needs to be lower densiry in order to provide adequate infrastructure, that they won't have sewers unless thc developers handlc it; that there are road problems with sharp turns alonc, the river and on Montgomery; and she encourages Couneil to look at the long standing neighborhood, peQple who havre been there for a long time. . Aldin Scherrodd, 17315 r Montgonterv: he said the developers' attomeys makc it sound like they were blindsided by this change in the zoning that they are requesting, but that the citizens were blinclsicled by t:he Couiity not giving notice that they were going ta change the znning; that they changed it from the SR- l to the UR-7 without property owners' knowledge; that lhe entire area and the community members way of life is affected by iC and thc developers are not the ones put out. Bill Gothnran►r, IOUI UEas14StPi, and Planriing Cunrmissio►a Chair: said tha[ the rationale far including the vested properties in the rezone was that if those properties should at some time in the future not izike advantage of tlleir vesting, then the Planning Commission felt it should revert to chc underlying zoning, that of Che 3.5, rather than go back to R-7 vvhich it would do if they had excluded them. Councilmeinber Taylor several tirlies voiced his objection tn allowing multiple comments from the same person, and statecf that he feels it is setting a bad precedent and Lhat Council Mas n4t done so in the past. Mayar Williite stated she feels there has been enough testimony, and closed the public camment period. It wa,s moved btr Cotnrcilme»ther Denenny tmd seconded by Cowtcibnember• Flunigun to table this rrrotion aird ask slaff to britrg the naatfer buck at tJte next study sessivn tiWth inforulation pertairrirrp to tl7e legality arrd infrustructto•e impacts, und itents written by PLeblie Ti'orks Kerstera i►r his naetrro. Vole orr tublirrg the irrvlio►r.• hr Fcwor: Untnrirnous. Opposed: None. .Ahstentiolrs: None. 1Llotivlr passecl. Nlayor Wilhitc called a recess ac 7:52 p.rn. and reconvened the mccting at 8:00 p.m. ' -_i Council Meeting: 12-14-04 Pagc 6 uf8 .qpprUVed b}' Council: 17RAF"1' 4 Motion Contiidera/ic►n• Coutieil Approv9l Lodain!? Txx Advisorv Grant Ftecrommendations - CouncilmemherFlani2an `-J (:ouncilmember Flanigan cxplained dhat die recommendations have been revie«<ed by Cpuncil and last week's discourse w;~.~ also heard; and that he recommentts allowino public comment. Couneilrnember '["aylor stated at a previous meeting: a request was made for the City to reserve $40,000 of the lodging tax funds to ne used for marketing af CenterPlace; and he previously inquired why he had not heard of that request as looking at the record, it appears it was an added agenda item to the Novembcr 2 mceting; arid he would like to I:now lbc purp4se of the fLmds. Parl(s and Recreation Iairector Jackson explained that the requcst w.as general in nature for mtixketing of CenterPlace; and that while there were no specifcs, examples were biven such as making a video that could be mailecl to perspective users or could be pla_yed on a loop at the building to show people what was available; to print and mail invitations in conjunction with the granct openiiio, beochures; advertising either in publications or at locations; and possibly in eonjunclion with the grand openina, for entcrtainrnent or refreshments; and that it was feli that $44,000 could 3ccomplish conservative marketing, especially if il: ineluded mailings. Mayor Wilhite said she views this $40,000 request not as a taking funds from other requestors, but as a means to allow staff' to have some sayo uver the funtis; that if we had given the funds direetly to t11c CVF3, they likely would have asked us to assist in the ad, much the same as was done previously. Councilmember Denenn_y stated he would suppoit the recommendations of the committee; but that concerning Valleyfest and the Heritage Museum, he wants ~ood analysis to demonstrate that dle funds were used as the hotel/motel regulations allow. It was movcd by Councilmeirrber Flanigun und secnnded hi, Depun) Mcryor Alunsarl thar Council up,c~rove the Lodgiiig `lax Advisory Committee Grarit recoirrirtenAclutions us shown. Mayor VJilhite invited public cnmment. Tony I..aza»is stated that 6E feels the $40,000 wauld be agreat use to promnte the valley ceremony. Mayar Wilhice invited furt}ier public comment; no fiirther comments were offiered. lleputy Mayor Munson said he would support the rnotion as made with the addition of aslcing for feedback from the hoteliers as to what is putting their "heads in becls," and would like a qucstionnaire tn be available tn answer questions to get an idea of how the funds are spent. CouncilmeiTiber Flanigan said yesterday's conimittee addresseci that issuc; ihat the contract and accompanying letter will specifciilly request a six-mont.h prese.ntation to Council to present c1z3ta showing how the funds wcre used in Spoksne Valley; and he added that the statutes specif'y toueism and not necessarily "heads in beds," and the committee alsa wants accou»tabiliry from all entiCies. Vote by Acclanration: 1n f'avor.• Ununimou.r. Opposetl: 11'one. Abstentions: i1'one. Motion curried. 5 Motion Coneicler3tion• Anprovul c►f Contract for Supplv and Installation of Kitchen Equipmeot at CcnterPlace - Steve VI'orlev/Mike Jitcl:son Senior Enaineer Worley explained the proposal for the kit:chen cquipmeiit package at CenterPlace, and of the recent bids; that the only bidder to supply a list of proposed substitution was the apparent low bidcter, Spokane Restaurant Equipment, lnc.; Iliat staff and the project ai-chitecdconsultant reviewed the cost and schedule impacts and recommends Council approval. Mr. Worley explained in an efPort. to kecp the construction moving for-vvarcl in a timcly manner, it is also requested that the City Manager be granted an additiona) $50,000 in change order authority for vlooney & Puah'S cont:race for CenterPlace, as t}1c eurrcnt amount already authorized in change orclcrs for this project is approximately $46;000. After brief discussion of the t}'pe oF kitchcn and equipment, it Nvas ntored by Courtcilmenrber Flaiar:igarl rnrd .seconded, !o approve this contract for irlstnllativti af kitclten eyuipmei21, und !o uidhorize u►r additio,lal ,S50,000 rrr change order authority to the Ci1y Alunager. Before inviting public comment, ~ Ivfayor Wilhite stated that she does business with one of the purveyors of the contract but die amount Af b«siness is well below the level indis;ateci for eonflict of interest. Vlayor Wilhite invited public comtiient; Council Nterting: 12-1e1-04 Pfige 7 of8 .Approved by Council: DRAI~"T no commen~q were off'ered. Vole by Acclumatlaa: br Favor: Unanimous. Qpposed: R'oire. !itistentions_ N41'iL'. tW0170i1 CUf'YlNCl. ' PuRT,IC CON'[N11:;NTs _ Mayor Wilhite invited publie commenC. Tary Lazuni.s stated that it loolcs like we are cloing betcer, that instead of the $b million in property taxes it appears that amount will be closer to $10; that he hopes Council will continue to table the utility tax, arid that feels the business registralian 1'ees should be higher. 6. ADVIIN1S7'RATTVT REP(7RTS: Finance Director Thompson explained that this reporC is l:o clarify sorne questians brought up about the business reoistration process. He explained that the diree most prevalent yuestians are: (l) does the Ciry of Spokane Valley's $13.00 fee include the S9.00 that the State charges? (2) wliat does the Statc's renewal notice show; and (3) -whal cloes it cost to license a business both with the City and the State? Director'I°hompsan said that the answer to question 41t1, is no; that the two fecs are separate. Hc explained when the fcc wa.s originally discussed, the idea of a$25.00 fee was b►•ought up and that $25.00 would have included the $9.00 StaCe chargcs; but in June those fees were split and it was deterniined that the City`s would charge a fec of S13.00 and that fee would be separate from the Suil:e fee. In response to the second question, Director Thompson saicl that notice shows the $13.00 City fee and an additional $9.00 renewal fee; anci for the last question; he explained that if a business is already rebistered with both enCitics, then the renewat fee of S9.00 ancl $13.00 would be required; but if the entiry is recistering for a first time, there is a first time State fee of $15.00; in addition to the City's $13.00 fee. He explained that the total fee could range from $22 to $28.00 or higher if other endorsements were necdcd. Director Thompson adcied that instead pf having 3300 business licenses in our database; we are down to 2231, as approximately 70 business closed wiehin the last two years, which is fairly common. 1-Ie stated that once our s_ystem is running smoothly, we will compare our business license database with the State's sales tax database which should help locate several businesses not yet identified in the City limits. Ntayor Wilhite explained that she coulcl like the Council to cqnsider having the state license just show one fee; that the way the rencwal/license notice is now, it appe<<rs there are two different license fees, and she fecls we niay have conveyed to the public that the total license would be $13.00, including the state's $9.00; and she would prefer letting the public I:now thaC our business lieense is not cosl'tng the public. $13.00 but rather $22.00. Mayor Wilhite said she would like the documentation given to the public: to simnly state the flat fee, and we woulci pay the Department of ldiceiising any assessment required. rinance Director 'I'hompsnn said he will talk to the Department of I.icensing to scc if it is possible to simply make the fee show up a.s one, nonitemized fee, and that he wil) repori his findings back to Council. In otlier business, Councilmember Taylor said hc would like to have the Council's goals pbstetl on the wall for all to see., and the Council can ascercain if actions taken are in line with implementation of stated goals. It was decided lhis might be a Qood discussion for the upcoming winter retreat. It tivcrs mo>>ed by Coimcilmember Flanigan, .seco»ded by Deputj, Mcryor Mtrrlson nnd trnanimously ugreed upvn to adjviu'n. The meetiitgadjnurrled at 8: 40 p. rit. Diana Wilhite, Matior A"["['ES'I : Christine Bainbridge, City Clerk Council Mceting: 12-14-04 PHgc S of 8 .Approved by CounciL• Draft MTNU`l' ES CT'CY SPOKANI~ VALLEY S'I'UllY SESSTON Tuesddy, T)ecember 21, 2004, 6:00 p.m. Attendance: Councilmembers: Stafi': lliana Wilhite, Mayor Dave Mercier, City Manager Rich Munson, Deput_y Mayor Ninii }7egor, Deputy City vlanager Uick Derienny, Councilmember Ken Thompson, Finance Direc[or Mike DeVleming, Councilmember Nleil Kersten, Public Worlcs l7irector Mike rlanigan, Councilmember Cary lariskcll, Deputy City Attorney Gary Schimmels, Councilmember Tom Scholtens, Ruilding Official Stcvc Taylnr, Counciliiieanber M.ike Jaclcson, 1'arks and Rcereation Director Marina Sukup, Community Development Direc.ior Cal Walker, Police Chief Steve Worley, Senior Fngineer Sue Pearsen, Deputy Ciry Clerk • Chris Bainbridge, City Clerk Mayor Wilhite called the meetinb to ordcr at 6:00 p.m., welcomcd all in aKendance, remindecl everyone that this is A study sessic►n although some items wuuld bc open fiir public comment, and requestcd that aq elec[ronic deviccs be turnetl uff for the duration of the mccting. Mayar Wilhite announceci that ehere will be no public comment on items # 1 and 2: 1. Unfinishecl Rusiness: First Reading Pronosed Ordinance 04-054 - Area Wide Itezoiie (tablei) 12- 14-04) - Scatt Kahta • It wus ntoiled by Coamcihnember I~encnny arrd secnndecl hy Cowacihyieriiber Flanigrna, to tuke ftvna the lable the irlotion relcrting to the frrst retrcfittg af proposed nrditrunCe 04-054. Vote by Acclamation: In Fuvor: Unanimous. Opposecl: A'one. Abstentions: None. Motion eu►•ried. Deputy Cit_y Atiorney Driskell then explained that an issue came up as to whether the area-wicle rezone should properly be remanded back to the Plrmning Commission for formal entry of Finclings of Fact, aiid accompanying riitionale by the Ylanning Commission in their reco►iimenclation that this area-wicle rezone be granted, changing from Uft- 7* to UR-3.5. ln further examinatinn, Mr. Driskell saicl it is his opinion that is the correct assessment. He explained tlint rin area-wide re-znne is a purcly legislative matter; 3nd he is not aware of 3ny WashingtOn State law wliich wauld support thal s City Council «rould nced to make formal }"indings of Fact on an area-wide rc-zone. However, UIr. Tariskell said that this Cntincil 9nd staff were in a position ,vhere they coulcl not draft all of this City's regulations upon incorporation, and therefore several regulacions of Spokane County were adopted. We explained that the scction of the zoninp eode referenccd is 14.402.100 and 120; that section 120 requires entry of formal fndings and also includes languane makino it clear that what is anticipatecl is that formal findings be entered on site-spECific re-7xmes, but it is not clear on aU the various types of rezones; ancl that it is his conclusion that since this is not eacluded from that provision, that we rnust treat it as if it wcre inclucled, and in tak.ing the more caucious approach, it is reconunendcd to remand this item hack to the 1'lanning Commission. Deputy Mayor Munson said that it has also been suggested that this Council look at rernanding the offer not to re-zone all of that area; and questioned if that can also be included in the same inotion remanding items back to the Planning Commission, or if that other offer should be done separately; which offer is the request by Centennial Properties to ca•eaie a buffer area. Attorney 17riskell stated it is his opinion that nvo ; " separate rnntions evAUld bc besc as they deal with two separate issues. Study Session M inuics of 12-21-04 Puge I of 7 Approved byCouncil: Drafi Ir tivas nroved bJ, Deputy Mcryor Mun.rar ta remarrd proposed a•ditaartce 04-054 to the I'lurrning Cvnrmi,s,cinn for fornridizatioy7 af Finclings ofFuet. There ►vas no sec.ond arld the ntotron ivas nnt trcted upnlr. i Cicy Clerk i3ainbridge reminded COLmcil tliat therc exisL,; fl prior motion on the table, that of advancing ordinance 04-054 co a second reading. Cotolcilmember Ueneni~i~ G)1CI COl(PJCIIAIG'!l1bCl' hlanipan as seconder, withdrew the nlotiorr lo aclvunce orclittcrnce 04-054 to a secand reuding. 11 tivUS then moveci by Depury Afuvvr Nlunson und scCu~7ded by Courrcilmember Denemry lo reinmid Ordrnarlce 04-054 1u the Plart►ri►-1g Cointnissioir to fornaalize Fitrdirigs of Fact. Vote Gy Acclamatron: In Favar: Ufaaninrous. Opposed: R'one. Abstentions: Nale_ Mntion carried. City Mariager Me3-cier said thac as Deputy Attorriey -Driskcll stated, there was a seeond pending request that came fonvard last week from Centennial Properties for consideratio►i of having t:heir property held outside of the areii-wide re2onc. Mr. priskell added that that request appears to have come forwarcl fnr the first 1.ime last Tue.sday; that Cowicil has the option to deny the request as it was initially presentecl af'tcr the Planning Commission public hearing was closed; and also aRer consideration by the Planninc, Cnmmission; or if Council would Iike to have eonsicleration of that: request, the proper procedure would be to re.maiid the issue back to the Planning Commission with the insh-uctions that the Commission give consideration to issue, keeping in mind that if that option caere choscn, a publie hearing would need to be notcd. I1 wcrc moved by laeputy Mayor Munsorl and secorrded by Courlcilnrember DeVleining, to remurul the Cenlettninl Properlies request of ezcludiiig the Greeirucres portion thut lhEy slaled last week, and to inslruct the Plun►ting Com»rissron tn re-open the public 17earirrg. Regarding notification of properl:y owmers in t:he aCPect:ed area, Long Range Ylaimer Kuhta explained that sucb a public hearino would require full notice of all property owners within 400 feet, which results in \I approximately 300 notices; and that placing the notice in the newspaper on the 31s' would lcave exactly 14 day's not.ice prior to sucli hearing. Mr. Kuhta added that Centennial Properlies was among those notified of the original f'lanning Cammission public hearing. Couneilmember I7enenny said that he feels Centennial Properties putting their request as part of die Comprehensive Plan process wnuld be the better process. Concerning taking publie eamment, Ciry Ma.nager Mcrcier said that Attorney 1.7rislcell had previously explained about tal:ing public conn.ment on matters involving the public recorci sncl if Council did take public comment, to clisrebard such comments iF they were in conflict with what was containcd in the public record. Attorney Driskell said his concem last week was primarily about the comprehensive plan 3mendme»ts and attached rezones; and that there is a lesser concern on this, allhough with the revised opinion as to the neerJ for Findings of Fact, lhst he had not given th.tC adclitional consideratian, although this is purely a legislative matter. Attnrney llriskell said he feels Council can take public camment on this maeter at this level wit:hout octt.ing iiito the mcrits of the issue. PiJIiIa1C COMI1'TFNT ON PENllING MOTION, i.e., to remand the CEntennial Requcst to Exclucle the portion thst they stflted last week, in this Grcenacres arca, and to instruct the Ylanniiig Commission to rc-opcn the public hearing: Bill Gatlinrcuur, 10010 lctst 48"', 1'lannr»g Conarnissiprt Chuir: qucstioned if lhis would mean the Greenacres would have a hearing, and tivould this be a separate hearing or is This a different questi4n. Attorney Driskell said this would be a supplementary, separate public hearing on this pitrticular issue rather than re-opening everything; and reaarcling the Grccnaeres issue, staff wrould draft Finclings of Fact Co be prescnted to the Planning Commission and adoption, and woi►Id expect it to be jusl that one Planning Commission meeting on January 13. 5rudy S.ssion Minutcs of ] 3-21-04 Pagc 2 oT 7 Appruve:d by Cuuncil: Draft lf'uyne Frosr, Centenniul Properties, 3320 N A►gonne: said he is also conFijsed; and asked if there will there be a public hearing as part of'the remand bdek to the Planning Commission regarclin5 the area-wide = re-rAne:? He explainecl that if the answer is yes, then he has ari opport:unity to speak and is not requesting any special accommodstion; he said if he d4csn't have that opportuniry, then his comments are that he talked to staff several months ago regarcling the Area of Missinn and Flora ancl the expectation of the rottclway to pass ttirough chere; that when he asl:ed staff when he should cornmcnt; he Icnew t:hat the Planning Commission was having a hearings, but he also asked will he have an oUportunit'y tn address the Council and [he answer was ycs; that it was his unclerstanding that the Planning Commission is not a decision making body but is advisory onl~, and the Council is the dec:ision making body; so it was his unclerstanding that the most appropriate time to comment would lie with Cotmcil; so that is what they did. I-Ie ssid it makes sense to loak at this area of his and the adjacent lands; that he has talked with the communitv and it is his impression that the community is supportive of looking at this area, that it is a transition area, that a portion Af it is zoned 1-2 and that is used as a buffer betwecn freeway/commcrcial and low-densih' residenlial. He said that doesn't happen in the real world but has happencd in Spokane Couney; that with his ownership, even though a portion of it lies north of vfission which is now zoned low-density resiclential; it is still one block, and that one block has t:o be loolced at as one block; that kltere is no imaginary line separating the tNvo -r.ones once this roadway goes through; and the communit:y unclerstands that. lie said he does not I:now if there is a need for a second hearin5 and that it seems like a lot of trouble to ga [hrough for _just Ihis piece of property. 14e said that the area-wide re-zone i5 no1 a pressing issue for him; antl feels extra ef'tort io aecommodate thirigs in a short timefi•ams would not be nceessary; and he said he suggested co staff that the appropriate method would bc to treat this uncler the comprehensivc plan; aIthougt► he is not aware of the Council's timeframe, that he feels Council does not need to move so quiclcly as to slwt out the public, the residents, ancf lhe Iandowners. A9ary Pollarcl, Gt•eerracres: she said this whole process is frusxrating; chat they want to build bridges in tlte community and they have put hopes on the comprehensive plan tllat there would be the availability of builciing in separation of UR. 3.5 from UR7; and shc clocs nat see that being retlecced in the new plan; that neighborhhoocl plans need to happen; and she mentioned the 1'ormal lEtter which slie gave to planning. Jariles f'ollard, 17216Last Balchviyr: regarding the Centennial concern, he said the rezone brought up initial concerns; he said as a neighborhood dley spol:e with various devclopers; and would like to take some pressure ofT'the Cily and plannino ancl t.ike the time to plan wi[h the developers and the ncighbors and develop their own plan that would fit into the comprehcnsive plan; and also that this process that dley paid for cnntains several misconeeptions, and iliey want to work with one another on the plans. Deputy Ma?=or Munson t3sked if we go forwarcl as just voted witM t:he Pindings of Fact, and those Findings 1re approved by the PlailI1111g CUT1l11115510I1 SI1CI l10 3CtIQ11 taken on the Centennial Properties' request; would that change the way things go; that it is his understandins that changes can be made at any time dependirig on che situation. Attorney llriskell said if Cencennial Propcrties were seeking to changc the zoning withiri t.he Cnmprehensive Plan designation that wroulct bo through the heiiring exaininer and that: request: can be made at any time. If. Mi•. DriskGll continued, the request. is to go to a Comprehensive Plan change; that would have to go throuoh the yearly process; so if the zone they Nvant is not allowed under the Comprehensive Plan designation, they would have Ia get that changect before they could get the zone changed. De>>uty lvtayor Munson asked then i1' another alternative would bc to go forwarcl with the rindijygs of Fact regarding the Greenaci-es plan, and then not pass the ordinance until they comc up with a plan together? Attorney Driskell agreed that would be an option; and it would cue things up in the event the Council wauited to adopt [hat, then the groundwork would have been made bcfore the Planriing Commission and formal fndin¢s woulcl have been fonvardetl to the Council. City Vtanager Mert;ier said due fo the additional qucstions tonight, it would be appropriate for staff to consider the dimensions of those questions, and he is not clear if the Pollards are asking tn rescind the requcst for the rezone or if there are othe.r intents; and staff needs to consider all alternatives ancl report Study Srssion \•tinutes of 12•21 r04 Psge 3 of 7 Apnrovc+i by Council: [araft back; ancl that: the pending question is vdhecher to remand for a specific public hearing the reque.st Crom Centennial F'roperties. , i .laeputy Mu;for Mtirl,con witlrclrew his motion; pItGJ CUlNICilmEmber DeVlenliilg ivtthdrelf his secatrd Councilmember Denenny mentioned; in light of the Pollards arrivirig at tonight's meeting a little lale, he rcqucsted previous action be re-stated as a cour[csy to chem. City Clerk E3ainbridge read the following mntion, which was previously voted upon and unanimously passed: to remand ordinance 04-054 to the Plannino Commission to formuliic rindings of Fyet. 2. Pronosetl Amendments ttti the Comnrehensivc Flan - Scott Kutita Uepucy CiCy Atlorney Driskell explainEd that based on concerns similar to tl►ose expressed above, staff recominends these proposed arnendments be remancfed back to the Ylanning Comrnission for entiy of Findings of t'act, which is anticipated to be addressed a[ t.he Planning Commission's .lanuary 13 meeting; and afterwards to come befnre Council for proposed second readings, .Ianuary 25. It wus rherl jnoned by Deputy Muyor 1t9rut.son und .seconded by Courrcilnretitber Ueneytny, tn remand ordirrances 04-049, 04- 050, 04-05I, 04-052, 04-053; urid C'PA 08-04 arrrl CI'A 04-04, to t6re Plarrni,ag Conrntissior, tv forinalize Findings oj Fnct. Vote by Acclamaliott: Li Favor.• Unarrimous. Qpposetl: Nvrie. .4bstenlions: None. . Mofiwi carried. 3. 1Vlotion Considce9tion: AaiiointmenLS to Sluclent Advisorv Council - Councilmember DeVleming It wns ntoved by Co:nrciLnember lae Iqemittg attd secortded by Depury Mayor Minrsot? to appuint Uebi GaJlaglier as Business Xepresentative, Anaundu Clurdie us llze East Valley Nigh Scliood represenlulive, anct Parkc Director Mike Juckson as City 1WaPrager'.s designee representative to tbie 31udent Ad>>isory Council. Councilmember DeVleming mentioned that llebi Gallagher wQrks for the Ameriean Cancer Society, and has previous involvement with students in the Relay for Life and the Chase Youth Commission, and demonstrated a desire for this appoinhnent. Vote by Acclamation: In f%avor: . Unanimous. Opposed.• Atnrte. .Abstentions: Nvrie. Motion carried. iMayor Wilhite invited public . camrnent; no e:omments were offered. 4. Niotion Considcration: Change Qrder fi>r Auciin Visual Equipment Dxta Communicfitinn Cabliup, Security SVStem, ancl Card Access Svstem for CenterPlace - Steve Worlev Engincer Worle}' explained the request as per his Requcst for Council Action f'orm, and added that sfaff and the Project Architect havc reviewed the costs and schedule impacts associated aiid recommend Council approval, After beief discussion qn what lhe change order includes, Mayor Wilhite invited public comrrient. No eomments were offered. It ivas Inovecl hy Councilmember Denenny uncl seconded, to accept the cliar:ge order to aid the uudiu/visuul package, ar2d authorize t/le City j1lanager's signcrture. Yvte hy AcC•lumcilion: Irt f'avor: Unarrimous. Opposetl.• NonN. Abslentions: IVone. Motiut7 carried. 5. SendinL, a Petition to the llepartment of Tcolo(=y (DOF) Conceriiint! Aclonting the Use AttainabilitY Anah:sis (UAA) under 1:)OE's Rulemaking Regulations - Neil 1Cerste» Public Works Direetor Kersicn explained tllat the Washington Sfate Taepartment of rcoiogry (DOE) is proposing to finalize awater quality analysis that shows there is no additional capacity for diseharges of dissolved oxygEn into portions of the Spokanc River, and that process is known as TMDI., - tolal maximum daily loacl; [hac the water quality rules authorize a proeess rvhereby the particular uses in a water body can be evaluated to idcntify whether those uses are existing or even attainable; tlien water yuality eriteria can be adopted that protects existing and dttainable uses. Mr. Kersten said that uses that are not exiscing or attainable can be removed f'rom the water quality standards; this process is known as a "Use Attainability Analysis" or UAA. vlr. 1:ersten further explained that ovcr the past tvvo years, a coalition of discliarDers has been cnnducting a UAA for that portion of the Spokane River from thc Idaho border to just below the Long Lake Reservoir. `Chis is the same area that is included wirhin DOE's TMDL. °I'he UA,A Rcpor[ is completecl and will show that through an adaptive management approach; existing and attainable uscs can be protected and at the same time, dischargers can continue to discharge inio the river, using state of the art treatmcnt technolngy that produces a high yuality effluent ehat protects Scudy Session Minutes of 12-21-04 Pnge 4 of 7 AVDrovcd by Counci I: Draft the river. The UAA contains importtint information that should be considered by D0E bef4rc fnalizing the TMDL because it analyzcs actual existing and attainable uses. DQE's TNLD.L, on the other hand, is based on "class-based" standards that: are uniformly applied across the state, without any adjustment for the diffcrcnt uses khat may exist in 3part:icular water body. Thc UAA can only be adopted tlirough rulemaking. The rulcmaking process requires a peticion to be signed and presented to DOT' by individuals authori2ccl by their respee.tivc policy boards. `I`he petition process is important because it is the only way that the rulemalcing process can bc scarted. Director K.ersten also went over the cost of the availiible options. Discussion lhen ensued regarding the oplians along with the projected cost per resident, and of the petieion in general. City Ylanager Mercier added that this N+rould be the first timc in this State ihai the UAA Urocess is applieci in this kind of exarnirlation, and the affect of the petition would ask to Iaunch into a highly public and paiticipatory rule-making process; and the basis is that currently the elassification for standards for the Spokane River are basecl upon a state-wide classification system without the benefit of the specific assessment of the Spokane River enntlitions; and that is what the st'udy practice has been for the UAA, so part of the rule malcing proposal ,vauld be t:o suggest rivo other high specifie sub- classifications to tllis body of water as opposetl to a state-wide cla5sification system. He alse stated that the final lan?uaoe of the petition was not available until yescerday, and that there was some uncertainty a.s ta when this should be deliverecl to be the most effective. Mr. Mercier said it is felt that the pet:ition should be deliverecl during current the rcmaining days of the 30-day comment period; which is why we are seeking signatures, so that a f ling can be nlade this Thursday. It was moved by Deputy Mayor M:urso►r r.rrad secatrded by Cntorcilmenrbcr DerTerrrry, to uuthor•ize 111e City Mafanger to ,sign the petitiar arrd.fonvard tt to the crppropriate acrtlanrities. It Was thcn nao>>ed ta umend the motiun to include the title ~~j the petiliort: Petition for adoption, unierrdment or repeal oj u&ate Adnarnistrative Rule (RC9,'34.05.330). Vote hy Acclumaliun to amend !he naotio►r: I17 Fcvor • Unauiimous_ Oppvsed: Alone. ,4bstentiotrs: Nvtie. 1tlotion carried to umerlclll7e mvlion. Mayor VJilhite invited publie ~J~, CQI11~11Ct1i. . Richarc113ehm, 3626 S Ridge>>ietv: Iie gave his cretlentials coriccrning his knowledgc of the aquifer and accompanying issues wi11i that and the River, and stated he feels Council is taking the right action, and to discharge anywfiere else but wilhin the watershed of the Spokane River would destroy the R.iver; and that the aquifer nows in and out Afthc River. James I'ollarrl, 17216 F_ast 13aldwin; said it is his understanding that the low t7ow for the Spol;anc ltiver is 350 c.f.s. during the summer, and State watcrshecl policy they are looking tn increa.se that to 700 c.f.s.; and wants to know if that wi11 aid or detract from the cause to help sewage levcls in the river. Tairector Kcrstcn said he feels Mr. Pollard is speaking of the dain relicensing; and they are proposing to ine.rcase the levels and increa,sed flows will help the 5ituation. iVlayor Wilhite invited further public comment; no further cornments were offered. Vvte on the amended nrotion: Iti x'avor; Ui2a3rimnus. Opposed: tVoyie. Abstentions: rVoi7e. Alotion carried. Mayor Wilhite called fAr a recc;ss at 7:10 p.m.; she reconvenecl the mecting at 7:20 p.m. 6. Law Eiiforcement Report - Cal Wallter Folice Chicf Walker gave his PowerPoint presentation explaiiiec1 that everything his departrncn[ does focuses on their ioals, and in keeping with eontract negotiations, they sh-ive ta be a customer Service driven cit}; and he adtletl that his departmcnt is functioning with one less FTE tlien allotted for in 2004; iind he believes the membcrs of the communitv are pleaseci with the service and the quicl: re.sponse times. Chief Walker then explained the current situatinn with Crirne clleek and 911. Hc explained that S1.3 rnillion was allatted for crime check with funds split with Spokane Police Depaitment (SPU) and Spokruie County Sheriff s Office (SCSO); ancf chat the SF'D budget cuts will reduce the amount of money fOrmerlY put into crime check; and he mentioned that durino 2003, crime check received more calls than 911. Chie.f Walker said that as a result of the City of Spokane removing in excess of $400,000 from crime check fundirig, the 911 Board came up with three plans: (1) reduce level of service for all a~encies; (2) Slucly Sessiun M inuies af 12-21-00. I''noc 5 of7 Approvcd by Council: Draft reducc levcl of services for Ciry of Spokane and cnaicttain exisiing level for SCO anc! Spokane Valley; and (3) have three Separaie levels of Services, one for each agency. This redtactiort wrould also amount to the loss of eight F"I'Es with a net reduction to Spolcane Valley of $121;309; and tliat Spokane Counry and Cih, of Spokane have tentatively chosen Plan I; and that Woulcl mean shueting dnwn crime check on some evenings, Sundays and holidays. ChicF Walkcr eRplainecl thac there still needs to be discussinns among tHe three entities, as he f'ears with cuts to crime check, callers will be f'oreed to use 911 thereby flouding those e:ills giving the po[ential for callers lo get busy sigmals when tryinb to reach 911. Chief Walker said t11at in looking at that net reduction of $121,000; he would ask Cquncil to consider keeping one detcetive as the City's rE;presentative, whieh N+rould increase the allotted FTE's by that one person. City Managcr Mcrcier adcled that tiicrc are currently 100.5 FTE's o1' occupied posi[ions in the police depariment; and the proposal to fund this detective would maintain that same number as that ot:her posit.ion woulci remain unfllecf; he explained thac he is aware that Council heard about erime check in more deiail than today; and as this news of the evaporating grant Funds is newly placed before Council, he would ask Council to consider that when we come back for the first meeting in January; staff will have recammendations and will seek Council guidk►nce at that time. Councilmember UeV]eming said he is concei-iied about his fellow policymakers affectino the City's police service witMout our input; ancf he requests we arrange discussion with all entit:ies to see what can be done; and that he would hate to see the seivice level for the Valley being impacted without any discussion by this geoup. Councilmembcr Taylor said t:hat. this 1'Ian I arrangement is being proposed to us wit:hou[ our input and reduces our level of seivices and forces us int:o a situation with no recourse. City Manager Mercier said it appears that the Bnard of County Commissioners may have already re-deploycd officers; and asked Chief Walker ifi there has been an identifecl cfate when the crime check services woulcl fall back to the pla.n 1 level. Chief Walker responded that until Iast weelc when he was formalizing this presentation, he had oot rEeeived any documents other than conversational doeuments, but that one membe,r of thc County Commissioners had openly sCated that they were still concerned with the impact nn , citizens aiid of the citizens of Snokane Valley sufl'ering the same consequences bccause of situations in the City of Spokane. The question remains; can we provide the existing Ievel of service and if so, at what cost. Chief Walker said those are unknown. Councilmember DeVleming echQed the eoncern to maintain iJie same Ievel of senrice; ancf su gJestetl that perhaps an invitation from thc M3yar's desk to both entities to see if there is any chance fo modify or chanoe the plan, or enme up with other options. Council espressed that: it would be nice to have personal discussions amona all legislative bodies before a definitive plan is decided upon. Chief Walker said he did attencl one meeting with tlle Cot111ty Commissioners anc1 the Spol:ane iNlayor and was told diere were i»viiations to our City CounciJ but no one attended that mcecing, Councilme.mber Taylor said he supports Councilmember DeVleming's suggestion to meet with at least the Counry officials and perhaps die City of Spokane officials, that there is a need to do so quickly to discuss all options; arid thac wc should let the County Icnow, as our contract provider, how we want to weigh in on this issuc. Mayor Wilhite added we «<ould need figures as what it would eost to keep the level of service. City iManager Mercier stated that lie imagcs thc optiions are available to sign vn to whatever the universal plan is; or to quantify additional costs to this City if Council favored 1'lan 2 both with ar without County parcicipation; and if the County makes the decision not to function at ehe old level but to cto so at atiew acljustcci ]eveL (hen he expects those difterences would wind up on our shoulders. Mayor Wilhite indicated she will set up a meeting with the Board of County Commissioners regarding t.his proposed reduction in servicES; and will also talk further with Chief Walker as tiiere might be other creative ways to reduce the amount of'reduetion we will faee; and she asks staffto bring back figures of what it Would cost Chief Walker stressed that time is of t;he essence; 1nd `9ayor Wilhite indicaied she ~ would call the Counry to see what their qfficial reduction is in this rebard. Study 5cssion Ntinu[es of 12•21-0-4 Paee b of 7 rlpprovad b}, Council: - DrdFt Councilmember DeVleming statecl tha[ in regard to the previously mentioned meeting Nvith no attendance from our City CUuncil, that he received a letter Wednesday morning about a mecGing the fo1lAwing ` Monday; but that he cauld riot attend and there Nvas no rr►eeling date/time flexibility; and he re.alizes that Chief Walker and Deruq, CiCy 1V1anager Regor did alSCnd thtjt meeting. City Maiiager Mercier added that when we first heard Qf such meeting attempts, it tvould hnve been nice to consult With our Mayor's caleatdar as we11 to get the time scheduled so all could participate. 7. Accomplishments fZenor-t - Nina Repor In the int:erest of cime; and because of the missed opportunity for the public to hear the presentation, Council voic.ed thcir preference of havin~ tt~is presentation at a me~eting in carly January. 8. Advsincc Agcnda Additions - Mavur- Wilhitc lliscussion turned to when and in what form, the utility tax would be brought back before Council. It was ctetermined to have that issue broughc up as an administrative reporc at the .lanuary 11 meeting. Councilmember Schimmels also askcd abOut perhaps later re-addressing the street bond issue. 11. Couocil check in - Dave 1lercier Finance Director Thompson reported that forrnal bound copies of the 2005 budget will be distributed to Councilmembers tomorrow. 1.2. Cih' itiiaoagcr Comments - Dave Mercier As thcrc were no City Manager Comments, and no furtlier business, the meeting adjourned at 8:51 p.m. ~ Diana Wilhile, ulayor ATTEST: Christine Bainbridge, City Clerk ~ Smdy Session Minvtes of 12-21-04 Page 1 nf 7 Approvcd by Council: Draft nuNuTr.s CITY OF SYOK.4NF VALLEY STUDY SESSIQN Tuesday, January 4, 2005, 6:00p.m. Attendlncc: Councilmembcrs: StaPf: 17iana VVilhite, iMayor Dave Mercier, City Manager Rich Munson, Deputy Mayor Nina Regor, Deputy City Mariagcr Dick Deneiiny, Cauncilmember Ken Thompson, Pinance Director Mike i7eVleming, Council.member Neil Kersten; Puhlic Works Director iMikc Flanigan, Councilmember Cary Driskell, neputy City Attorne}, Steve Taylor, Councilmember 7'om Scholtens, T3uildinc, Official Mike Jac}:son, Parks and Reereation Uirector Marina Sukup, Comrnunity Development Director Cal VValker. Police Chief Ahsent: Sue Peaj•son, Deputy City Clerk Gary Schimmels, Councilmember Chris Bainbridge, City Clerk Mayor Wilhitc callcd the meeting to order at 6:00 p.m., wElcomed all in attendance, reminded everyone that this is a study sessipn and requcstcd that all electronic devices be turnecl off for t6e duration of the meeting. Ir tit.as »aoved by Caurrcilirlember DeV'le»ain€r, secvrrded bli Cnuncibnenrber Flui7igair, and ununitMOirsly ; ugreecl upon to excuse Cawacilme»lber Schinamels front tonigltl's nreeting due to u fumily einergency. 1. Spokyne Conservation Disfrict Presentstioit - R.icn Buden and Vicki Carter Executive [airector Rich Baden and pperations Manager Vicki Carter gave a presentation and baclcgi•ound of the Spokane Conservtition llisti-ict and briefly explained their Fivc-Year 1'lan. Me. $aclen explained that the Conservation District is a palitical subdivisiqn of t:he State governmenL, and is a special purpose district dedicated to providing natural resourcc infbrmation, education, antl technical assistanee to the citizens of Spokane Counri; that thcy are a grassroots Qrganization operating under RCW 89.08; and that they promote the sustainable use of natural resourees in the Counry. He stated that their vision is to protect, serve, and enhance natural resources. R9r. I3aden also explained that the Uistrict is very cliverse and includes farms having bet:ween 3,000 1nd 10,000 acres; and that issues are driven mostly by water quality coneerns. Ms. Car[er mcntioned that their iriandate is to present a lono ranee five-year plan covering the yenrs 2005-2010; and part of that plan calls for oppoMunities for residents to provide input and public comment; she stated they are trying to collect comments by Jaliuary 30 and after that date, they would like to presenc their final plan to Council, adding thal the copy in Cowicil's par.ket is a dimft. She encouraged Council to address members of the District with any issues they feel relevant_ and addctf chat thel' are willing to come back and meet if Councilmembers have questions. She also encouraged Cowlcil and nthers to visit their website. ln reference; ro tlle Five-l'car Plan's "Strategies to Address Trcncls," C?eputy vtayor Munsnn asked who Would be fundiiig Lhat promotion of on-farm production of alternative fuel f'cedstock. A4r. Baden indicated dhat they arc the facilitators bringing this program together and are working with farnl co-ops in puriing together a business plan; he statcd that they are also wrorking with the FQC on some fundino for the project, but that kcy to this plan is gathering the rmv materials; he stated that once the plan is in place, he believes this program will be a huge economic boom to dhe area and will provide jobs and help rc-vitalize the community. In response to Councilmernber Denenny's question eoncerning background of board incmbers; Ms. Carter explained that Board Members include (l) Chair Jerry Scheele, retired farmer fi-om the soutli part of'the SuadySessinn M11inutes cf 01-04-05 Pagc I oC5 Appraved by Councii: 17raft county: who has hcen a board members for six or seven years; (2) Vice-Chair Randy .lames, lieacl of the seience department at North Central f-ligh School; who worl:s in I7NTA study and has been a board i mernber foe six years; (3) Treasurer Chris Mahelona, ~vhich is an elected pnsition which also serves as their auditor and has been with the Roarcl for fivc or six years; (4) laixie Riddle, appointed member who has alSO been witli the I3oard for five or six years; and (5) Tom Hargreaves, appointed mernber who was previously a county commissioner. 2. Snnltane Cauntv Six-Year Sewer I'lan Fresentatiou - Brucc Rvwls and Kevin Cooke Bruce Rawls and Kevin Coakc cxplairicd the six-year sewer plan, explaining that t:he discussion topics really cover four areas: (1) mandatory sewer connections, (2) septic tank elimination pragram schedule (STEP), (3) alternative subsidy method for capital facilities rates (CFR), ancl (4) recomme.nded rate acljustment. As shown in their Pp«<erPc►int presentation, the Counfy codc rcquires connection to sewer witJiin one year after publie. sewer servicQ is deemed available, but also givcs the directnr the ability to extend that one year period for good cause. Kevin Cooke discussed the STEP schedule and draft six-year Cf_P c►nd stated lhat this document is their mbsl recently aclopteci version and goes fi•om 2004-2009; snd said that they are on schedule. Me continued by explaining that the sewer projects for 2005 are underway, ancl said he Would appreciaCe the City's input on sc;heduling projects for the 2006-201 0 timeframe; zidding that it is sometimes possible to switch one project for another if there are similar number of connections and similar cnsts; and again that he would appreciate ciry_ council aiid staff input on t:hose matters. Mr. Cooke stated that it is their intention to set a public 6earing for February 1 for the F3oard of County Commissioners to consider their six-year plan. Af1er further explanation of the CFFZ subsidy, alternative CFR subsidy rnethod, financial considerations and impac2s, discussi4n then ensued regarding the subsidy anc1 af-fects if it were inereasecl; issues surrounding the wastewater treannent plant, change iii the trc,atment plant mnnthly charge from $4.00 to $6.68; issues concernini suspending hookups and responsss from the EDC (nothing in writino yet), the Healtli T)epartrncnt (which thou~ht: it ~~roulcl be reasoo~ible giving the issues of protecting the river); and that that the EDC cannot stop the County fi•om changing its Code, but they (lhe E17C) could withdraw their grant if the•y thought we were in violation of the intcnl. ivlr. lZawls stated dhat ke.eping the schedule shows the EDC that the County is not in violation Af irntertt. NI.r. Rawls also mentioned that innation incrcases the cosl of plant eansCruction and changes cash flow in terms of how to use subsidy money, but does not change the end result, and said that the Boarcf of County Commissioners wants to commit to protect the aquifer; he atlded lhac it will take rve ycars from start of implementation to running the plani; ancl if Chey st:ari: construction in 2007 the plant should start in 2012; adding that Chey have 2005 and 2006 to resolve all issues. He also mentioncci lhere are approximately 15,000 to 20,000 septic tanks remaining. Mr. Mercier asked if the Board of County Commissioners ha.s agrccd on a periodic report on capat;icy consumption, such as a yuarterly or semi-annually report. Mr. Rawls respondcd Chal no one has asked for such a report btrt it can be provided; adding that he has not eompilccl sueh a report for abAUt the IasC tliree or four months. V1r. Mereier added that when such a rcport is compiled tor the County, that we would appreciaCe sharing that infonnation in order to get a sense of drawdoNm in [hose cotnmitments. 3. Accomplishments Report Presentation - llepartment Directors lleputy City Manager Regor Nina stated that ttiis is an opportunity ta recognize all of the 2004 accomplishments, adding that this was the first fiill year of the City's operation. Tlirouah the PowerPoint presenta[ion, Deputy City A7anager Ftegor, followed by each department director, explained their por[ion of the presentarion. As an added note in the finaricial cxplanatian, Ciry Manager Mercier stated that regarcling the Comprehensive Annual Financial R.cport (CnFR), he is not aware of anodier newly incorporated community whieh has put together such a cornprehcnsive document in such a short period of time, in ttlat it usually tal:es five years or more to complete such a report; and that putting together this ` documeiit is a remarkable achicvement. Mayor Wilhite called for a recess flt 7:40 p.m.; ancl reeonvened the meetinc, at 7:47 p.m. Sttady 5cssion MinLrtcs of 01-04-05 Page 2 of 5 Arproved by Council: I7rafi f~ 4.New Employee }'osition Descriplicin for CenterPlace Coorclinator - Nina Regor lleputy City Manager Regor wcnt. over the background of this position as per her January 4, 2005 Request for Council Aet:ion form. Discussion tlien ensued reoarding the most appropriatc stilary level fpr tlie position, and the salary ranges for position levcl 15 and IG. It was ultimarely Council consensus to change the position to a salary level 15, and to place the resolution on the nert Council Consent Agenda. 5. Atinual Financitil Rcport - Keri Thumpson Pinance Director Thompson cxplained dhat the Comprehcnsive I\nnual Financial Repnrt (CAFR) is i'or our year endiiig December 31, 2003, wliieh is Cechnically not a full ycar, ancl mentioned the auditoj's opinion on page nine, which is as a result of tlle annual audit required by law. 6. T.nitialivelRefcrenduni Discussion - Cxc-V Uriskell/,Tosh Leoniird City Lecal Intern Joshua Leonard explained that Council requesicd information on the exercise of referendum and initiative powers for City government's. Through use of liis PowerPnint preSentation, Mr. Leonard defined the terms and explained the cfifFerence beiween the two terms, explained the formal process for each; explained suffciency of petition, statutory authority, limitations on the use of each, Cypes of ordinances statutorily cxempt from the referendum process, limitations on the use of eacli and - arguments in favor and in opposition to the use of each. Councilmembcr Denenny asked therefore, if the decision rests with Council, and since the Ciry was ineorporated without those powers, would any movemen[ to use dhese have ta eome from the Council dais. Mr. Leonard stated tha1 was con•ect; that there is no abilie}, for someone to propose use of initiativeJrefercndum unless the authority is there as in the form of an ordinance. City Manager Mercier mentioned that Council had asked staff to do research on this process in order to consicler the information and provide direction at somc time in the future. Mayor Wilhite stated that Council will review the material and perhaps have this topic as an additional agenda itern to sse i1'this is somethin£ Council wishes to provide. ~ Councilmember Taylor added that he feels dhis topic is not to be tal:en lightly and that significant community input is needed; that he is not a Fiin of the initiative process but believes iri the power of the vote where leaders are elected to make decisions, and if those decisions are not made correctly, then vnters vote the leaders out of office. He added that if there were repeated abuses by city offieials, that rnight warranc a public outc►-y for the need, but he feels there is no need at this point ancl wants to sce if a true demand for this type nf inechanism necds to be put in place. Couneilmember 17enenny stated that he fcels the venue for having this discussion is at a regular ciry meeting as Council needs input from citizens and by putting it on a future agenda, thttt process can starti. Ivlayor Wilhite stated that anyoiie in attendanee at a Council meeting al«<ays has the opportunity during regular meetings, to comment on items not on the agenda, Couneilmember Flanisan stated that he does no1 approve of the initiative form oi' government, but feels the topic should be advanced and he has no problem in passing it, and that he would support havitis ic in the hope of never liaving it be used; adcling that he too would like to get puhlic commeiit. Cauncilmember IaeVleming stated that Exhibit /14 of the Goverriance Manual sMows the initiative process is only for matters in accUrdAnce with Washirigton law, and stated that if that chart does not mesh with the remaining sectioris of the Governance Manual, perhaps the manual needs to be revised. T)eputy Mciyor Munson said that he feels the problem is dhat the best intended ef#'orts tend not t4 accoinplish the education qrocess that is wanted; that the intent of the State Initia[ive law is to malce sure the public is well informed; and that he fecls that is not Itappeiiing at the State or the loc:al levcl; that he is concerned, but tcnds to iYLq-ee this is somekliinb to be publicly dcbated; that he is nof sure of what venue to use but realizes the venues are limited and the process is full of land mines; that we have a renresentative form of government and people can make sure the incumbents change, and that he would like to avoid the process if possible. Counc.ilmember Denenny repeated his desire to sec this topic inclutled on the. advance 3gcncla. Mayor Wilhitc asked if couiicil prcferred furcher discussion, or optinL for public cnmment first? Deputy Ivlayar Munson remarked that there are no pending recommendations yet and dhat the•re needs to be something to conimcnt about rather than aeneral comments, an<f he reconimcnded staff Stud}• Scssion A4inutes of 01-0445 Pape 3 of 5 Approved by Cuuncil: l7raf't draft an ordinancc. Mayor Wilhite said it is council eottsensus (except for Councilmcmbcr Taylor's objet;tion) that staff draft an ordinance and place this matter on a future agenda. 7. lnfiactions for Violation iif Farlts Rules - Carv Drislcell Deputy City AttorncY Driskell explained the issue as per his kCA; adding that he discussed this matter with Chief Walker and that hc was advised thaC the more appropriate level oF violation would be a class 3 rather than a class 1 violation. After brief discussion, Council concurred that staff should draPt an ordinance changing that violalion from a class 1 to a Class 3 violation. Centenniiil Trail TJpdate - NLike J.tel:snn Parks and Recreation Direclor Jackson explained [hat there eaists an [nteragency Cooperative Agreement bei:ween Washingtnn State Parks and Recreation Comrnission, Spokane Cnunty and t:he City of Spokane; that the agreement ex-pires 2032 and Spokane Counly has indicated that they will no longer be responsible for the costs associa[ed with maintaining the Centennial 'Crail inside the Spokanc Valley Ciry limits; therefnre we are being asked if we want to be a fonnal partner in trail mainteriancc as per the attached agnecment. Director Jackson meiitianed we may own one mile of trail in Myrtle Point, that we own the nark but are not certain ifi we own the asphalt. After Director Jackson's 1'owerPoini presentation, discussion cnsued regarding certsiin maintenance items now heint* taken carc of up to this point; of the possibiliry of discussing maintenance issues with thc other partners, of the need tn gather additinnal information and of the necessity in iak.ing care of the trail now instead of allowing it to deCeriorate; funclirig issues, possible future rnajor capital improvements, ownership yuestions, infrastructure responsibility, of the desirc to further examine the agreemcnt, enforcement of the stipulations in such agraement, a.nd of cxploring all possible opCions and facets of entering into such an agreement. ln conclusion, City Manager v]ercier said lhal in the ineantime, w•e hops to continue maintenance until some longer term resolutiorl comes abouk. It was Council consensus to continue with maintenance of the trail. It wns moved by 1Lfuyor Wrlhite and securtdetl by Deputy Mayo►• Murtsnrt to extend tlre »teeiing for alt additional frfteeii niinutes. VotE bY Acclanaation: !n Favor: Mavar Wilhite, Deputy llgcrvor• Munson, Caioicilinembers Tuylor, Flarrigrni, and Denenny. Oppo..red.• Cointcibrlentber DeVlemittg. Motion carriEd 9. Advance. Ageoda Additions - vTaVor Wilhite M.ayor Wilhite asked Council to note Uie February 16 trip to Olympia; aaict said that Councilmembers might want to coordinate flibhts or other transportation e1'forts in order to &,et the best flighc costs; iind thac the registration form is now on-line. (viayor Wilhite alsn stated thal stie wanted to pose an issue fnr Council discussion, in that. therr, is a piece of artwork which might be available to Council; it is a sculpture which was done for Facific Gas 'I'ransmission, and that they have closed lheir office and donated this piece of art to the Spokane/Coeur d'Alene Opera Society to be sold to raise funds for their non-profit organizacion; and it if Council thinl:s it would be niee to have, that maybe somenne would purchase the piece and clonatc it to t:he CiCy of Spokane Valley. Cauncilmcinber Flanigan said that he feels ic is only tivar[h exploring if we ean get someone else tti pay for it. Mayor Wilhite added that it was suggested that the item could also be plumbed for water and uscd as a fountain; that it is a(arge piece and contains over $20,000 worih of steel and sits on a basalt base; might be appropriate to use this at a gxteway, or in Mirabeau Meiidows or CcnterPlace. It waa COuncil consensus to involve the Spokane Valley Arts Council regarding the icem. Discussion tunied to tne status of crime cheek ancl it was determined that sueh discussion will eontinue after the upciated report scheduled for the January 11, 2005 Council mceting. Swdy Sessioit Minurcs of 01-04-05 Pagc 4 of S Appruvecl by CounCil: Draft 10. Council Cliee.k-in - Dave Mercier City Vlanager Vtercicr stated chat. he htid nothing new to introduee. Councilmember DeVleming stated that he wants to make sure aU seven Councilrnembers tjre clear on Council directives that comes from the dais; that he thouoht it was Che instruction; that whatever we do make we should make sure the minutes retlect what the corporate decision is on rrioving fonvard or not on any given topic, and he suggestcd tape recorclinc, study sessions as Council could take action at any given time during any study session. City Manager Mereier statcd thst initially, there was discussion on taping stucly sessions and it was Council preference at that time not to tspe study scssions as there was no formal action takcn eluring those meetinp, and that those meetint;s were intended to provide a f'rce flow of information. He mentione.d that because some recent past meetiiigs were cancelled, the end result was a few "hybrid" meetings, but that [he advancc agenda has a clear delineation benveen workshop/study session items and regular meetiiig items. vlr. Mercier said of thosc timcs when act:ion might be necessaiy at a study session, the City Clerk is prepared to tape diose sections; but that: this is a proeedural item and can he done according to eOuncil preference. After further brief discussion, it was Council consensus is to tape all future study sessions as well as re~ular and special meetings. l.l . Citv ManaL-er Comments - llave 1Vlercicr City Manager Mercier announced the deNarture from employme.nt of two employees: Code Enforcement Officer Kelly Sammeli will he retuming to Arizona at a supervisory level; and Budget Analyst Courtney Moore will be relocating to his home town of Walla Walla ancl that his last day with us will be January 21, 2005. There beirig no further business, [he meeeing adjourned at 9: 10 p.m. Diana Wilhite, Nlayor A'I'f EST: Christinc F3ainbriclge, City Clerk ~ SluAy $essinn Minute5 oE 01 -04-0> Pfigr S of5 Approvetl by Cuuncil: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 11, 2005 City Manager Sign-off: Item: Check all that apply: Z consent [X~ old business ❑ nevr business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution No. 05-001, Creating a CenterPlace Coordinator Classification and Job Description for the City of Spokane Valley GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: 2005 Budget adoption 11l9104; Council Administrative Report 11/30/04; Study Session Report 1/4l05 BACKGROUND: The CenterPlace Coordinator position was first included in the 2004 budget. Staff anticipates filling the position in February or March 2005 - about six months in advance of the opening of the facility. The CenterPlace Coordinator will be responsible for overseeing the operations, maintenance and programs of the CenterPlace Regional Center. This position will supervise an Administrative Assistant and Maintenance Worker, who have also been budgeted for 2005. ~ The Coordinator will develop and implement services and programs for the new facility, create and carry out a marketing plan in conjunction with the CVB, oversee the maintenance of the facility and have significant interaction with public and private groups, agencies and businesses. The succQSSfuI candidate will have experience in recreation administration, hotel/convention center management, business administration or closely related fields. At the January 4, 2005 meeting, Council directed staff to place the CenterPlace Coordinator position at Grade 15 in the City's Classification Plan. The draft resolution and position description reflect this grade. There was Council consensus to place fhis item on the consent agenda. OPTIONS: Approve Resolution No. 05-001, or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 05-001, creating a CenterPlace Coordinator classification and position description. BUDGET/FINANCIAL IMPACTS: Funds are included in the 2005 budget to fill the position. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Draft Resolution No. 05-001 ~ CITY OF SYOKAi\'F VALLTY SFQKANE CU()N'I Y, VVASIT[1`GTON RESOLUTION NO.OS-0Ol A RESOLUTIVN CTZF'.ATING A NEW EMPLOYFF CLASSIFICATIQN ANll JUIi llESC1t.TPTTON I+012 THE POSI:I'I:O\' OF CENTERPLACE COC7Rllli\`A7'Olt I+OR TlW CITY OF SPOKrI!\`E VAL.LL+~'Y. W1-[EREEAS, the City Council from time to time musc ereate new ernployce classifications and ziclopt eonditions of employment Par those newlv-e.reaied classifications; and ~>>HER.EAS, the City Council adopted Spokanc Valley Vtunicipal Code provision 2.50.070, which, in Par[, provides that position classifications antl job descriptions shall be dcveloped for new positions; ancl WED:RI:r1S, the City Council through Resolulion No. 03-03 L adopted job dcscriptioiis for City posilions; and WHEREAS, since adoption of Spokane Valley Municipal Code provision 2.50.70, the City Council has created various new emplopee classifications job descriptions. NOW 7'laE,REFORE, be ic resolved by the City Council of the City of Snokane Valley, Spokane County, Washingtqn, as follows: ~ Section 1. Nlew FmplQyee Classification and Yosition 17escription for CencerPlace , Coordinator Adopt.ed. The City of Spokane Valley creates the new employee classifcat:ion of "CenterPlace Coordinator", and adopts the position description for the position of CenterF'lace Coordinator, attachecl hereto as Attaclirnent l, as if fully set forch herein. '1'his job descriptinn includes a pay grade classifeacion of 15. Section 2. Remaininr, Job Descripticans Unchanecd. The rcmainder of thc job descriptiotis contained in Resolution No, 03-031 as adopted or amended remain uiichanged by this action. Section 3. Effective Date. This Resolulion shall be effective upon adoption. Adopted tliis day of January, 2005. City of Spokane Valley Mavor [aiana VVilhite ATTEST: City Clerk, Christine, Bainbridge Approved as to Form: ~ . Iaeputy City Attorney, Cary P. Driskell -l- rirsoLUrioN rrn. 0-55-001 A°I"'1"ACHMENT 1 CI"I'YOF~ SPOKA\rE ~VA:LLEY 1'OSITION TaFSCRIPTION' Class "I'itle: CenterPlaee Caordinator Job Code Number: 430 Department: Parlcs & Recreation Grade Number: 15 llivision: NA f-LSA Slatus: Exempl Date: January 11, 2005 Locatinn: CenterPlace GENERAL PURFOSE: Manages operations, maintenance and programs of the C:eiiterPlace. Cemmunity C:entcr. SUPERVISION RECEIVL-'D Works under the guidance and dirECtion of the Pai•ks aiid Recreaiion Dire.ctor SUPERVISION HXFRCISED Fxercises supervision over Administrative Assistar►t, Mainienance Workcr(s), and other persoiulcl as assigneci. ESSEiNTIAL I7UTIES ANn RESPONS113TLI'1'lES: \ Manages and participates in thc development and implemcntation of goals, objectivES; nolicies and priorities for assigned prograins; rccommends and administcrs policies and proceciures. Selects, trains, evaluates and disciplines pcrsonnel, and resolves emplayee grievances. llctermines wUrl:,procedures, prcpares work sclledules and expedites workflow. Issues written and oral instnictions. Assi~Tns duties and examines work for cxactness, neatness and canformance to policies and procedures. Counsels employees to improvc pcrformance. Studies and standardizes procedtues to improve efficiency of subordinates. Oversees and partieipates in lhe developrncnt and administration of the ]?arks and Recreation Deparl:ment's aiulual budget in areas of responsibility; participates in the forecast of funds needed for siaffing, training, equipment; materials; supplies and projects. Develops; promotes, coord'uiates, organizes, and participates in services and programs at CenterPlar,e. Seeks new and innovative ways to utilize available space. [nteracts with public and private graups, agencies and businesses to maxirnire Center)'lace use by developing marl:e[ing sh•ategies that support and enhance existing; local and regional business, scrvice clubs, anci other service providers. ~ ivlanagES aid supetvises CenierPlace regional conununity and senioT• center facility: - • Develops and implements maintenaiice and operations procedures and eanclucts minor facility repairS; • Schedules ajld monitors the use of facilities in conjunctiQn with city staFf` and ather building tenants; • Adtlunisters service contrlcts; such as janitorial; anci • Maintains records of Facility use. Assures [hat assigued areas of responsibility are performed within budget; pertarms cost control activities; monitors revenues and expendi[ures in assioned area [o assure sounct fiscal control; prepares annual budget requests; assures cffectivc and cfficient use of budgeted funds, personnel, materials; facilities and time. Prnvides recoinmendations for proEiraan and facility fiees. Nial:es private and public presentations, both ~vritten and oral, to supcrvisors, boards, cpmmis5ians; civic groups, potential clients and thc gencral public. Comrnunicates oFficial plans, programs, policies and proccdures to staff and the general publie. PE.R,TPHERAI... Di.1TIES Researches; prepares and admiiiisters g;rants beucfiting CcntcrF'lacc. Serves as a member of various staf'f committees as assigned. Kee.ps abreast of trends and dcvclopmcnts in the ficld of community cenler markecing and management. AssisCS other T)epartment staff a.s neecled. TaFSTR,FTa MI~IIMUM QUALIFICATIQNS ~ Eduaation and.rNperience: A. Graduation from an accredited four-year college or university with a degree in recreation administration, hptel/convention center management, business administration or elasely related fielcis. B. Minimum thrce (3) years previous experiencE and/or training that i.ncludes manage.ment, customer service, and recreation administration, two of which arc in conuniulity center; buiquet fzcilitates; or other public facilities management. C. Any equivalent combination of education and experience. Ncccssary Knowledge, Skills atld Abilities: A. Ability to identif}, and achieve long and short tcrm management goals. Position Description; CenterPlace Coorclinator ? ~~.....I3. Ability to communicate effectivel}~, orally aiid in writing, wit.h employees, consultants, representatives alche business comununity and the general public. C. Knowledge of community center and food service facilities aiid programs. D. Knowledge and skills in the area of marketi.ng, including: I} Marketing principles and fund raising methods, including the developiiient ar►d implcmentation o!' aMarketuie Plan; Z) Ability to identif}r and capture market segmcnt. E. K.nowledge and skills in the area of fiscal management; including: 1) Methods aiid procEdures of budgeti.ng; 2) Tracking expenditures and revenues and meetino financial objectives; 3) Maintaining accurate financial reeorcis anci parCicipating in a llcpartment- wide budget proccss; 4) Off`ice and billing procedures and practices. F. A key value of the City is custouier sei-xrice. Ilus position rcquires considerable l:npwledge, ability and sk.ill in the pruiciples and practiccs of'excellent customer service as pracliced in both khe private and public scctors. It requires the ability to effectively meet and deal with the public; the ability to handle stressfiil situations; the ability to greet and respond to customers in a friendly, pleasant ancl professional maiuier usuig appropriatc inflection, granimaa- aiid syntaa; the abiliry to establish and maintain effective working relationslups -Vtrith Employees, supervisors and the general public; the ability to maiiitain a prot'essional, cour[eous, and pleasant demeanor in difficlilt and stressful situations; and the ability to diplomatically deal with difficult pcople. A willingness to expend cxtra eil~ort to help the public find answers or information relative to tlieir ulquiry or c4mplaint is expeCted. SPECI.AJ REQlTIRCAILNTS Valid state driver's license. or the ability to obtain one within 90 days. TOOLS ANll LQUiPMLNT USLD Personal computer, including word processing; spre.adsheet, presentation and database sofit«=are; adding machiile ancUor calculator; telephnne, copy- aiid fax maehine. PHYSICAL DEV1t1NDS The physical demailds described here are represcntative of lhose that must be met by an employee to successfully pert'orm the essential fiinctions of tllis job. Reasonable acconunoclations may bc macle to enable individuals with disabilities to periorm the essential functidns. Positioii llescription: CcnterPlace Coardinator 3 While perfomiing the duties of this job, thc employee is fTequently rcquircd to walk, sit and talk or hear. The e•mployce is occasionally required to use hands to finger, handle; feel or opcrate object, iools, or coutrols; and reach with hazids a.nd arms. The emPlc~yee is oceasionally requirecf co elimb or balance; scoop, knccl; crouch, or crawl. The employee must occdsionally lift alici/or move up to 50 pounds. Specific vision abilities required by this job includc close vision, colnr visian, and the abiliry to adjust focus. WORK FNVT.ROVM1ENT The work enviroiunent characteristics described here are representalivE of th4se an employee cncounters while performing the essential functinns af this jQb. Reasonable accommodations may he made to enable indilTiduals with disabilities to perform t1ie essential func•tions. `krhile perfornling the duties of tlus job, the employee occasionally works in outsidc weather condilions. The cmployee is occasionally exposecl ia wei anci/or humid conditions, or airborne parlicles. The noise level in the work environuient is usually quiet in the office; anci mocierate in thc field. SFT FCTIQN GUIllELiNES Fon-nal application, rating of education aiicl experience; oral intcrview and reference check; job-relacecl tests may be requu-ed. "1"hc duties listed above are intended only as illustrations of the various types of work that may be performed. The omission nf specifie statemenLs of dutics does not Exclude them from the position if thc work is sinular, relaled or a loaical assignment to the pasition. The job description does not constitute an cmploymeiit aLTreement between the etnployer and employee; and is suhject to change by the employer as the needs of the eiliployer and rcquireinents of the job ellange. ApprovaL Approval: Human Resources Manager City Manager Fffeetive i7ate: Januzry 11, 2005 Kevision Histoiy: New ~ ; Position Description: CenterPlace Coordinator 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-11-05 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 December 15, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: `l 1 OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Payroll for period ending 12-15-04 Salary: $ 98,756.63 Benefits: $ 9,189.14 $ 107,945.77 STAFF CONTACT: Daniel Cenis ATTAC H M ENTS . - ~ - CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: 01-11-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business [I public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending December 31, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Payroll for period ending 12-31-44 Salary: $ 102,925.78 Benefits: $ 51,125.33 $ 154,051.11 STAFF CONTACT: Daniel Cenis ATTAC H M ENTS € ~ ~ CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: 1-11-05 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: Approval of the Following Vouchers: BACKGROUND: VOUCHEK L1ST VOUCHER 1'U I'AL DATr Number(s) VOUCNi:R AM0UNT 12-10-04 5954-5997 78,535.57 12-17-04 6005-6031 less 6012 347,503.85 12-23-04 6032 60.63 12-23-04 6033-6057 2,036,328.39 12-30-04 6058 - 6080 467,069.02 GRtlT7a TO"fAL 2,929,497.46 RECOMIVIENDED ACTION OR MOTION: Approve claims for vouchers: BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists ~ ~ ~ vchlist Voucher List Page: 1 1211012004 1:48:37PM Spokane Valley Bank codc: aqbank Voucher Date Vendor Invoice PO # DescriptionlAccount Arnount 5954 12l10l2004 000335 ALTON'S TIRE 6-2133 VEHICI.E MAINTENAtJCE 44.77 6-2227 VEHICLE MAINTF_NANCE 52_38 Total : 97.15 5955 12110f2004 0a0037 Af1AERICAN LINEN 528182 FLOOR M/17 SERVICE 45.78 Total : 45.78 5956 1211012004 000109 COFFEE SYSTEMS WC 26133 COFf"EE SUPPUES 79.11 Total : 79.11 5957 12/10l2004 000508 CONQCOPHILLIPS FLEET 870166725411 VEHICLE FUEI 785.74 Total : 785.74 5958 12/1012004 000035 CORPQRATE EXPRESS 56844643 40360 OFFICE SUPPLIES 77.96 56944758 40363 OFFICE SUPPLIES 60.68 Total : 138.64 5959 12/1012004 000059 DEVLEMING, MICI•IACL 12/6l04 MD Reirnb. REIMB. TRl1VEL/MILEAGE 58.00 Total : 58.00 5960 12/10/2004 000278 DRISKEIL, CARY 12/3104 CD Reimb. REIMB. TRAVEiJMILEAGE 15.72 Total : 15.72 5961 12/10/2004 000171 GEIGER CORRECTIONS CENTER 12/7104 GeigerCarr. GEIGER PROGftAMS FOR 11104 10,519.60 Total : 10,519.60 5962 12/10/2004 000505 H R H FINANCIAL SEfZVICES 12012004 COPIER LEASE CON"1'RACT 201.80 Total : 201.60 5963 1211012004 000070 INLAND POWER ANq LIGMT CO 11l23104 IPL S'rf21=E7 POWER LICHTING 378.97 Total : 378.97 5964 12l10/2004 000117 JOURNAL NEWS PUBLISMING 25429 ADVERTISING 52_50 Tota I : 52.50 5965 12/10/2004 000114 JVW 7ECWNICAL 8774 40355 01=FICE SUPPLIES 365.71 Page: 1 vchltst Voucher LISt Page: 2 1211012004 1:48:3713M Spokane Valley eank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 5985 12110/2004 000114 000114 JVH TECHNICAL (Conlinued) Total : 365.71 5966 12/10l2004 000033 MCPC 4646507 40356 BUSINESS SUPPLIES 162.93 Total : 162.93 5967 12/1012004 000069 MERCIER, DAVIq 12l06!04 DM Reimb. REIMB. FOIR TFtAVEUMILEAGE 1,015_00 Total : 1,015.00 5968 12/1012004 000258 MICF20FLEX INC. 00015230 TfUC AUDIT PROGFtAfvi 434.72 00015302 1'NCTOOI_S SOFlWARE RENTAL 559.23 00015310 TAX AUDIT PROG12AM 267_72 Tota I : 1,261.67 5969 12/1012004 000132 MODERN ELECTRIC WA7ER COMPANY 11/29n04 Modern STREET LIGHTING POWERJWATEF 8,756.02 Total : 8,756.02 5970 12l10I2004 000062 MUNSON, RICHARD 1217104 RPl1 Reimb. REIMB. TRAVELRvIILEAGE 412.56 Total : 412.56 5971 12I1012004 000283 NATIONAL RECREA'CION 8 PARK, ASSO 94713 MEMBERSHIP 260.00 Total : 260.00 5972 12/1012004, 000239 NORTHWES7 F3USINESS STAMP 51535 40366 OFFICE SUPPLIES 90.24 40366 Total : 90.24 5973 12110/2004 000193 NORTHWEST CHRISTIAfd SCHOQLS Jan 2005 Rent MONTHLY RENT PAYMENT 22,738.56 Total : 22,738.68 5974 12l1012004 000020 PRESTONIGATESJELLIS, L.L.P. 639813 PROFESSIONAL LEGAL SERVICES 313.50 Total : 313.50 5975 1211012004 000675 F2AMAX PRINTING & AWA17[7S 10808 EMPLOYEE RECOGN1710N 95.93 Total : 95.93 5976 12/1012004 000601 F2EFiC 12109/04 RF_RC 40374 SUBSCRIPTION 75.00 Total : 75.00 ^--q e: 2 . % ~ . i ( > --j vchlist Voucher List Page: 3 1211012004 1:48:37PM Spokane Valley Bank code : apbank Voucher Datc Vendor lnvoice PO # DescriptionlAccount Amount 5977 12/1012004 000024 RESOURCG COMPUTING INC. 36555 I'i' SUPPORT 4,254.71 36556 I'f SUPPUm' 487.80 7otal : 4,742.51 5978 12/1012004 000415 ROSAUERS U-CITY 485482 MEF_TING SUPPLIES 2_38 548861 MEECING SUPPLIES 31.20 Total : 33.58 5979 12/10/2004 000003 ROYAL BUSINESS SYS7EMS 411614 MAINT PER COPY CHAF2GES 290.33 73748A MAIN7 PER COPY CHARGES 128.86 Total : 419.19 5980 12/10/2004 000324 SCWD 93 475-1496-00 Wl1TEF2 CHACtGES 14,49 Tntal : 14.49 5981 17a1012004 000230 5POKANE CN'TY AUDI'CORS OFC, RECO 12102lU4 County Reco DOCUMENTS RECORpEp 167.00 Total : 167.00 5982 1211012004 000090 SPOKANE COUNTY INFORf1AATION, SYS 41597 PC GLASS & MATERIALS 90.00 Total : 90.00 5983 12/10/2004 000658 51'OKANE COUN7Y SUPERIOR COURT 12/3/04 Juror fees COUNIY JURY CONTRACT 329.75 Total : 329.75 5984 12/10I2004 040323 SPQI(ANE COUNTY UTIUTIES 12101104 Cly Util. SEWER CWARGES 429.48 Totai : 429.48 5985 12/10l2004 000374 SPOKANE REGIQNAL, CHAMBER OF CC 12l10104 Wilhite Reg TRAVEUMILEAGE 400.00 Tvtal : 400.00 5985 12/10/2004 000211 S7A7E 7REASURER 20600 0008521 IICENSE RENEWAL 99.00 To/al : 99.00 5987 17./10J7.004 000398 TAN A400RE ARCHITECTS P3983 #12 MIRABEAU POINT CEN'1'EI2PL1aCE I 12,432.69 Total : 12,432.69 5988 12/10/2004 000516 TETRA TECHlKCM 143627 OC7/NOV 2004 40174 SWALE EVAWATIQN 2,940.10 Page: 3 vchl➢st Voucher List Page: 4 12110/2004 1:48:37PM Spokane Valley Bankcode: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 5988 12/10/2UD4 000516 000516 7E'I'12A'rEGHlKCM (ConUnued) Total : 2,940.10 5989 12/10/20134 000093 THE SPOKESMAN-REVIEW 42365 ADVERTISING 487.72 Total : 487.72 5990 12/1012004 000676 TWOMSON WES'f 12l07/04 Westlaw SUBSCRIP71pN 2,954.86 Total : 2,954.88 5991 12/10/20(}4 000025 UNISOURCE CORPORA710N 657 21287221 COPIER PAPER -9.01 657 21288450 COPIEI2 PAPER 8.01 65721287220 COPIER PnPER 644.53 40382 Total : 644.53 5992 1211012004 000280 USI, INC. 031845940001 40359 OFFICE SUF'PUES 159.99 Total : 159.99 5993 12/1012004 000167 VERA WATER & POWER 11124-12f03l04 VERA STREET POWER LIGHTINGI4VA'i'EF 2,079.99 Total: 2,079.99 5994 1211012004 000038 WASTE MANAGEMENT OF SPOKANE 1361500-2681-5 WASTE D151'OSAL SERVICE 191.94 Total : 191.94 5995 12l10120134 000649 WSBA 24087 W$BA# I_ICENSE FEE 416.67 Total : 416.67 5996 1211012004 000667 WSDOT, ENGINEERING PUBLICATIONS 12108l04 WSDOT 40368 PUBI_ICATIONS 300.00 Total : 300.00 5997 12/10/2004 000089 XO COMMUNICATIONS 0104567828 TELEPHONE/D5L CHARGES 1,282_01 Total : 1,282.01 44 Vouchers for bank code : apbank Bank total : 78,535.57 44 Vouchers in this report Total vouchers : 78,535.57 e: 4 ~ - ~ ~ _ vchlist Voucher List Page: 5 12110I2004 1:48:37PM Spokane Valley eank codc: anbank Voucher Date Vendor Invoice PO # DescriptiontAccount Amount I, the undersignetl, do certify under penalty of perjury, Itiet lhe malerials have been furnished, the services rendercd, or the labor peitinrrned as described herein and that lhe claim is jusl, due and an unpaid obtigation against thc City of Spokane VaUey, ancl Ihal I am authorized to autllenlieate and nertlfy to said c.laim. Finarice Director Date Page: 5 I VCitllst Voucher List Page: 1 12l1712004 10:30:04AM Spokane Valley Bank codc : apbarlk Voucher Date Vendor Invoice PO # OescriptionlAccount Amvunt 6005 1211712004 000030 AVISTA UTILITIES 410068444 Avista STREET LIGHI'INGJSIGNAL POWF-F 17,572.56 Total : 17,572.56 6006 12117l2004 000606 COLUMBIA FIBER SOLUTIONS 3856 12/04 DARK FI13ER I.EASE 32.52 Total : 32.52 6007 12l17/2004 000059 DEVLEMING, MICHfiEL, 2110104 MC7 12eimb. REIIWf3. TRAVElJ1v11LEAGE 21.00 Total : 21.00 6008 12117/2004 000645 ECONORTHWES7 6548 PLANNER PR0FESSIONAL SERVIC 16.960.68 Total : 16,960.66 6009 12/1712004 000071 GOLMAN, SUE 12l15/04 SG Reimb. REIMB. 7RAVEUMILEAGE 9.07 Tolal : 9.07 6010 12/1712004 000678 INSI7E WEB DGSIGN 44321 CSV portion DOMAIN REGISTIMTION 25.00 Total : 25.00 6011 12/17/2004 000288 INTERNATIONAL CODE COUNCIL 0859627-IN 40354 PUBLICATIONS 269.11 Total : 269.11 UO 12 1211712004 000353 INTERNATIONAL 7(2At7E ALU~INCE 258 CONTRAC7 PAYMENT ~KOO ' Total 00 601 3 1211712004 000012 JOURNAL OF BUSINESS INV001925511 ADVERTISING 140.00 Tota I : 140.00 6014 12117l2004 000879 I.ANZCE DOUGLASS CONSTRUCTION 12/09104 Refunci REFUND BOND ON SWALES 3,000.00 Total : 3,000.00 6015 12l17f2004 000033 MCPC 4649219 40365 OFFICE SUPPIIES 76.86 Total : 76.86 6016 12/17/2004 000652 OFFICE DEPOT 262478058-002 40336 SMAI.L TOOLS & MINOR EQUIPMEP 20927 266271738-001 40353 QFFICE SUPPLIES 48.11 266811716-001 40358 OFFICE SUPPLIES 41.92 2E6813551-001 40358 OFFICE SUPPLIE5 30.89 Paye: 1 vchlist Voucher Llst Page: 2 12l1712004 10:30:04AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Dcscription/Account Amount 6016 12/17/2004 000652 OrFICE 17EPOT (Continued) 266813820-001 40358 SMAI_L 700LS K MINOR EQUIP. 204.53 267586284001 40367 OFFICE SUPPLIES 152.81 . 267590341-001 40367 OFFICE SUPPLY 20.43 Total : 707.96 6017 12/17/2004 000307 OFFICE OF THE 57A'I'G TREASURER 12/15l04 State S7A1'E REMITfAMCES 168,315.99 Total : 108,316.99 6018 12l1712004 000677 PLANNING ASSOCIATION, OF WASHINC 12/09f04 Membership 40393 MEMBERSHIP RENEWAL 80_00 Total : 80.00 6019 12l17/2004 000341 RICOM CORPQRATION 05016271861 COPIER RENTAL PAYMENT 246.07 05016293462 COPIER REN7AL PAYMENT 238.48 15016272326 COPIER RENTAL PAYMEN'f' 411.92 Total : 896.47 6020 12/1712004 000415 ROSAUERS U-CITY 481335 MEETING SUPPLIES 18_45 Total : 18.45 6021 12/17l2004 000064 SCHIMMELS, GARY 1218104 CS Reimb. REIMB. TRAVEUMILEAGE 69.13 Total : 89.13 6022 12117/2004 000324 SCWp #3 170-00040-03 WI\TER CHARGES 25.52 Total : 25.52 6023 12/17/2004 000172 SPOKANE COUNTY ENGINEER 0436 COUNTY ENGINEER SERVICES 14,665.64 14-37 COUNTY ENGINEERiNG SERVICEE 159,349.12 Total : 174,038.96 6024 12/17/20Q4 000090 SPOKANE COUNTY INFORMATION, SYS 41697 COUNTY IY SUPNORT 10,282.31 Total : 10,282.31 6025 12/1712(}04 000308 SPOKANE COUNTY PROSECU7ING, ATl 12117104 ProsecuUng CRIME VICTIMS COMPENSATInN F 1,543.19 Total : 1,543.19 6026 1211712004 000063 TAYLOR, STEVE 12112/04 ST Reimb. REIMB. TRAVELIMILEAGE 51.24 12112l04 S7 Reinib. 2 REIMB. TRAVEUMILEAGE 393.88 2 vchlist Voucher List Page: 3 1211712004 10:30:04AM Spokane Valley Bankcode: apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6026 12117l2004 000063 TAYLOR, S7rVE (Continued) 12l16104 ST Reiriib. REIMB. TFtAVF-IJMILGAG[ 10.00 Total : 1,055.12 6027 12l17/2004 000177 U.S. F'OS'i'AL SERVICE SG Postage 12/15/04 POS7AGE FOR SENIOR C[NTER N 158.06 Total : 158.06 6028 12l17l2004 000025 UNISOURCE CORPORATION 657 21293900 40377 COPIER PAPER 264,17 Total : 284.17 6029 12117/2004 000167 VERA WA7'ER & POWF_ft 12f08-12/14/04 Vera STREET POWER UGHTINGlWATEF 441.83 Tatal : 4A1.83 6030 12117/2004 000100 WABO 6405 M 2005 MEMBFRSMIf' RENEWAL 165.00 Total : 165.00 6031 1211712004 UDUU21 WITHERSPOON, KELLEY, DAVENPORT 74233 LEGAI F'CtOFF_SSIONAL SERVICES 9,538.39 74234 LEGAI PROFESSIONAL SERVICES 1,754_50 Total: 11,293.89 27 Vouchers for bank code : epbenk Rank total : 354;Bt1"9- 27 Votichers iri this report Total vouchers : "351,`603.85 Ai I, the undersigned, do ccrtify undcr penalty of pcrjury, thaf the materials have been fumished, the services rendeiecl, or lhe IaLor petfvirned as desuibed hercin and lhat the claim is jusl, due and an unpaid abligation agairist lhe City at Spnkane VaIley, qnd ihat I Pm authorized to auihenticate and certify to said claiin. Financo Direcinr 17ate f'age: 3 vcttlist Voucher List Page: 1 12/2312004 11:34:40AM Spokane Valley Bank code : epbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6032 12/21/2004 000684 UOWN UNDER GALLERY, ~ CUSTOM FF 5197 PLATE ENGRAVING 60.6:3 7otal : 60.63 1 Vouahers far bank code : epbank Bank total : 611.63 1 Vouchers in this ►eport Total vouchers : 60.63 I, the undersigned, do certify under penalty of perjury, tllat the materials hava been furnished, the services iendeoed, nr the labor performed as desuibed herein ancf tliat the daim is jusl, due and an unpaid abligalion against Uze City o( Spukanc Valley, and that I am authorized io aulhenticale and certify to said daim. Finance Director Date Page: 't vchtist Voucher List Page: 1 12123/2004 1:39:15PM Spokane Valley Bank codc : apbartk Voucher Dake Vendor Invoice PO tt DescriptionlAccount Amount 6033 12f23f2004 000037 AMERICAN LINEPJ 536768 FI_OOR MAT SERVICE 45.78 Total : 45.78 G034 12/2312004 000604 CAMERON CON7RAC71NG. INC. 04-002 #3 (Final) RF_TAINAC3E RELEASE 4,602.80 Total : 4,602.80 6035 12123/2004 000109 COFFEE SYSTEMS INC 26502 C01=1=EG SUP!'LIES 151.68 Total : 151.69 6036 12/23f2004 000681 COUNTY LAW UBRARY 12/17/04 Law Library SUPF'ORT OF IAW LIBRARY 13.00 Total : 13.00 6037 17_123I2004 000284 C12UGIAL'I'ECI•INOLbGY 2Q6935.ri83 40365 SMAI_I_TbOLS & MINOR EOUIPMEr 88.88 Total : 88.88 6038 12/23/2004 000686 DEPARTMEN7 OF LICENSING 602 251 431 001 0001 MASTER UCENSE RENEWAL 9.00 Total : 9.00 6039 12123l2004 000690 ECOLfTE MANUFACTURING COMPANY 12122104 Refund RGFUND PERMIT FEE 55.40 Total : 55.40 6040 12/23/2004 000685 HARTMAN, RANDY BSP-05-03 Refund REFUND PLANNING FF-E 1,500_00 Tokal : 1,500.00 6041 1212312004 000313 INLAND ASPHnl.T COMPANY 314221-01 REMOVE 8 REPLACC A5{'1-IALT OV 31,145.00 Total : 31,145.00 6042 12/2312004 000086 INIAND EMPIRE UTIUIY, COORDINATIn 12104f04 IEUCC MkM8EFt5Hih' 1,000.00 • Total : 1,000.00 6043 12/23/2004 000117 JOURNAL NEWS PUf3LISNIING 25469 ADVERTISING 25.00 25470 ADV ERTI S I NG 43.50 25471 ADVERTISING 42.00 25472 ADVERTISING 76.50 25473 ADVERTISING 141.75 25474 ADVERTISING 140.25 page: 1 vchlist Voucher List Page: 2 12/23l2004 1:39:15PM Spokane Valley Bank code : apbenk Voucher Date Vendor Invofce PO # Description/Account Amount 6043 12f1312004 000117 000117 JOURNAI. NEWS PUBLISWING (Cantinued) Total : 469.00 6044 12123/2004 000033 MCPC 4651470 40375 OFFICE SUPPIJES 356.32 Total : 356.32 6045 12/2312004 000652 OFFICE DEPOT 267589364-001 40367 OFFICE SUPPUES 63.29 267593737-001 40367 OFFICE SUPPLIES 8.17 268192051-001 40373 OFFICE SUPPUES 173.47 Total : 244.93 6046 12/23/2004 000119 PIP PRINTING 1330028825 40361 BUSINESS CARDS 294.85 1330028851 40364 BUDGET COVER COPIES 89.97 Total : 384.82 6047 12/23/2004 000003 RpYAL BUSINESS SYSTEMS 418190 MAINT. PER COPY CHARGES 149.78 Total : 149.78 BOdB 1212312004 000001 SPOKANE COUN7Y 7REASUFtER 12/17/04 County COUNTY CONTRACT PAYMENTS 1,217,099.83 Total : 1,217,099.83 6049 1212312004 000689 SPOKANE COUNTY UTILITIES #1 (Final) SIPPLE SAN17Af2Y SEWER PROJ. 106,206.34 #1 (Final) Veradale VERA17ALE SANITORY SEWER PRc 337,968.94 Tota) : 444,175.24 6050 12/2312004 000470 SPOKANE COUN7Y, FAIR 8 ECPO CENT #4 12/9/04 TOURISM PROhdOTION 2,496_82 Total : 2,496.82 6051 12/23120134 000451 SPdK/iNE RECIONAL SPORTS, COMMIE 12l17104 Sports Comm NIOTEUM07EL TAX PAYMENT 45,738.47 Total : 45,738.47 6052 12123/2004 000407 SPOKANE VALLEY JUNIOR, SOCCER AE 12110I04 Tourism TOURISM I'ROMOTION 10,589.10 • Total : 10,589.10 6053 1212312004 000257 STATE AUDITOR'S OFFICE L52025 STATU70RY AUDIT SERVICES 831.60 7otal : 831.60 6054 12/23120134 000516 TETRA TECWIKCM 143714 ihru 11/04 40350 STORMWATER U71L. PROG. ASSM' 3,685.00 ve: 2 . t % vchlist VouCher List Page: • 3 1212312004 1:39:15PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptinnlAccount Amnunt 6054 12123!2004 000516 000516 TETRA TECHfKCM (Corititiued) Total : 3,698.00 6055 1212312004 000687 THE AMERICAN INSTITUTE, OF ARCHI71 30012017 MEMBERSHIP RENEWAI_ 557.00 Total : 557.00 6056 12123/2004 000167 VERA VJATER & POWER 12/16104 VEF2A S7REET POWER LIGHTINGM/ATEF 35.26 Total : 35.26 6057 1212312004 000680 WASNINGTON TRUST BANK, MOONEY FEscrow # 23118570772 ESCROW RE7AINAGE F'AYNSENT 27(),890.67 Total : 270,890.67 25 Vouchers for bank code : apbank Bank total : 2,036,328.39 25 Vouchers in this report Total vouchers : 2,036,328.39 I, the undersigned, do ceriify unsier penalty af pequry, that the materials have been fumished, the services rendered, or the labvr performed as described herein and that the claim is just, due and an unpaid obligation ayainst the City of Sqokane V21ley, and Ihat I am authorixed lo authenticale and ce+ti(y to saicl Glairn, firianoe afreClor Date {'age: 3 vchlist Voucher List Pagc: 1 12l3012004 2:08:43PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 6058 1213012044 000692 GUS JO!-INSON FO('2D 12130104 Vehicle VEHICLE PURCHASE 2,387.59 Total : 2,387.59 6059 12130/2004 000030 AVISTlA UTIUTIES 450085074 STRE[T POWE12 LICyHTING CHARC 65_50 . Total: 65.50 6064 12130/2004 000572 CAFiTER, CAROL 12128I04 CG Reimb. FZEIMB. FOR OFFICE SUPPLY 10.14 Total : 10.14 60131 12/3012004 000101 CIJWG QC27764 40380 SMALL TOOLS & MINOR EQUIPMEr 117.59 Total : 117.59 6062 12130/2004 000326 CONSOIJDAI'ED IRaIGATION DIST, #19 05859.0 12121/04 WATER CHARGES 61.30 Total : 61.30 6063 1213012004 000035 CORPORATF_ EXPRESS 57362300 40381 OFFICE SUPPLIES 145.91 Total : 145.91 6064 12/30/2004 000028 FARMERS & MERCHANTS BANK 12/13/04 MasterCard CHARGE CA12D CI•IARGES 2,337.64 Total : 2,337.64 6065 12l3012004 000556 GEORGE, CAROI.YN 12127/04 CG Reimb. REIMB. OFFICE SUPPLY 15.01 Total : 15.01 606G 17~3Ql2A04 000410 GRIFFIN PUBLIShiING INC. 05183 SV SENIOR CTR NEWSLEITERS 352.30 Total : 352_30 6067 17_l30/?.004 000002 M R MBUSINESS SYSTEMS 127151 COS7 PER COPY CWARGES 116.27 127430 CQST PER CQPY CHAF2GE5 263.89 127445 COST PER COPY CHARGES E3339 127446 COST PER COF'Y CHARGES 64_15 127447 COST PER COPY CHARGES 15.37 127475 COST PER GOPY CNARGES 39.02 7otal : 582.09 6068 12/30/2004 000052 HSBG BUSINESS S01_U'rIONS 7004-0021-0001-2498 SMALLTOOLS & MINOR EQUIP. 6828 Page: 1 vchlist Voucher List page; 2 1213012004 2:08:43PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescripdonlAccount Amount 6068 12l3012004 000052 000052 HSBC f3USINESS SQLUTIONS (Cordinued) Total : 68.28 6089 12/30/2004 000117 JOURNAL NEWS PUHI_ISHING 25476 ADVERTISING 99,90 25501 ADVERTISING 131.25 Total : 231.15 6070 12130/2004 000484 MOONEY 8 PUGH CONTRACTaRS INC. 04-001 11130104 40176 PROJEC7 BILLING AT CENTERPLA 419,223.00 Total : 419.223.00 6071 12/3011004 000652 OFFICE DEpOT 268311796-001 40373 OFFICE SUPPLIES 8.72 268683944001 40378 OFFICE SUPPLIES 145.14 268777256-001 40382 OFFICE SUPPLIES 109.i5 268777296-002 40382 OFFICE SUPPLIES 12.87 2687777141-001 40382 OFFICE SUPPLIES 214.96 268777816-001 40382 SMALL TOOLS & MINOR EQUIPM[P 340.41 268783798-001 OFFICE SUPPLIES 21.33 268935551-001 OFFICE SUPPLIES 73.64 269091505-001 40387 OFFICE SUPPLIES 308.53 269127178-001 40388 OFFIGE SUPPLIES 27.60 Total : 1,262.35 6072 12/3012004 000691 OLSTEN 61163804 TEMf'ORARY EAAPLOYMEN7 SERVI 99.00 Total : 99.00 6073 12/30/2004 000322 QWESI' 509-921-6787 511B TELEPWONE CHARGES 38.13 Total : 38.13 6074 12/30/2004 OD0090 SPOKANE COUNTY INFORMATION, SYS 41754 ESRI ENTERPRISE LICENSE AGRE 2,295.27 Tota I : 2,295.27 6075 12/30/2004 000001 SPOIVINE COUNTYTREASURER ELC-S-00025 SP01(J775 ELECTIONS INVOICE 1,881.88 ELE-S-00029 SP010775 EL[Cl'IONS INVOICE 12,734.85 Total : 14,616.73 6076 1213012004 000328 SPOKl1NE VALLEY SENIOR, CITIZENS A 12/20!04 SVSC Reimb. REIMB. INTERNET & REPAIR 221.71 Total : 221.71 2 . . % / j ` 1 j ( vchlist Voucher List Page: 3 1213012004 2:08:43PM Spokane Valley Bank cocie : apbank . VAkir.her Date Vendor Invoice PO # DescriptionJAccount Amount 6077 12l30/2004 000311 SPRINT PCS 0141276664-3 12/16 CELL PIIONE CHARGES 613.78 Total : 613.76 6078 12f30l2004 000167 VF_RA WATER & POWER 12l20104 VERA STREET POWER I.IGN'CINGANATrF 223.55 Total : 223.55 6079 12/3012004 000100 WA80 5350 WABQ WINTER MEETING 35.00 Total : 35.00 6080 1213012004 000680 WASHINGTON TRUST BANK, MOONEY F 2308570772 ESCROW RETAINAGE PAYMENT 22,066.00 Total : 22,066.00 23 Vouchers for bank code : apbdnk Bank total : 467,069.02 23 Vouche►s in this report 'i'otal vouchers : 467,069.02 I, ihe undersigned, dvi certify under psnally oi nerjury, thai the matenals have besn furnished, the services rendered, or the labo► periormed as described herein and ihai the claim is just, due and an unpaid obligation against the City af Spokane Valley, and that I am auUiorized to authenticate and certify to said daim. Finance Direclor Date Page: 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 11, 2005 Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin. report pending legislation AGENDA ITEM TITLE: First Reading: An ordinance establishing the Framework for Spokane Valley Uniform Development Code GOVERNING LEGISLATION: WAC 365-195-800; RCW 36.70A040 PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the proposed Code on September 2, 2003. Council subsequently established Article III Building Regulations (Ordinance No 04010); Article V Special Zones Section 5.01 Ftoodplain Hazard, Section 1.20 Enforcement & Penalties (Ordinance 04-013); Article IV Section 4.15.2 and 4.15.3 Height & Area Regulations (Ordinance 04-033); Article VII Section 7.06 Clearview Triangles (Ordinance 04-038); Article IX Section 9.04.10 Street Vacation (Ordinance 04-002) and Section 9.05 Clearing & Grading (Ordinance 04-016). City Council was briefed on the proposed framework on December 7, 2004. BACKGROUND: The Spokane Valley Uniform Development Code will eventually consolidate and integrate all regulations in a single document, including subdivision, zoning and development standards. Providing well-organized, concise, clear and readable regulations is important in ensuring uniform and consistent interpretation and enforcement of City policies affecting land development and the implementation of the Comprehensive Plan. In order to ensure a uvell-organized code, the adoption of the framework (or table of contents) will permit regulations, or amendments to be correctly numbered and updated as different ordinances are adopted or amended in the future. Sections for which no ordinance or regulation has been adopted are "Reserved" for possible action in the future. It will also allow the City to publish its regulations on the internet for the convenience of both citizens and developers. OPTIONS: Provide staff with direction on the organization of the Spokane Valley Uniform Development Code. RECOMMENDED ACTION: Advance ordinance to a second reading. BUDGETlFINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: Draft Ordinance DRAFT CITY OF SPOKANE VALLEY ' SPOKANE COUNT1f, WASHINGTON ORDINANCE NO. 05-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE FRAMEWORK FOR THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE, PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Spokane Valley Ordinance No. 03-053 adopted the Spokane County Zoning Code as Interim Development Regulations pursuant to the requirements of RCW Chap. 36.70A; and WHEREAS, the Comprehensive Plan requires [a] regulatory environment that offers flexibility, consistency, predictability and clear direction.., and WHEREAS, the Spokane Valley Uniform Development Code seeks to organize the development regulations implementing the Spokane Valley Comprehensive Plan in a format that is readable and which can be easily updated; and - NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. The framework of the Spokane Valley Uniform Development Code is hereby established as follows: "ARTICLE I GENERAL PROVISIONS 1.01 Enactment (Reserved) 1.02 Purpase (Reserved) 1.03 Jurisdiction (Reserved) 1.04 Rules of Construction (Reserved) 1.05 Consistency with Comprehensive Plan (Reserved) 1.06. Concurrency (Reserved) 1.07 Definitions (Reserved) 1.08 Severability (Reserved) 1.09 Certificate of Occupancy & Compliance (Reserved) 1.10-1.19 Reserved 1.20 Enforcement and Penalties (Ordinance 04-013) 1.20.01 - Definitions 1.20.02 - Relationship to Growth management 1.20.03 - Declaration of public nuisance- misdemeanor 1.20.04. - Enforcement, authority and administration 1.20.05. - Guidelines for departmental responses to complaints. 1.20.06. - Initial investigation. 1.20.07. - Procedures when probable violation is identified Ordinance 05-001 Framevrork Development Code Page 1 of 9 DRAFT 1.20.07. - Procedures when probable violation is identified 1.20.09. - Training and rulemaking , 1.20.10. - Obligations of persons responsible for code violation 1.20.11. - Determination of compliance 1.20.12. - Voluntary compliance agreement - authority 1.20.13. - Voluntary compliance agreement - contents 1.20.14. - Failure to meet terms of voluntary compliance agreement 1.20.15. - Citations - authority 1.20.16. - Notice of Violation - effect 1.20.17. - Notice of Violation - contents 1.20,18. - Notice of Violation - modification or revocation 1.20.19. - Notice of Violation - remedy - civil penalties 1.20.20. - Notice and order - author'rty. 1.20.21. - Notice and order - effect 1.20.22. - Notice and order - contents. 1.20.23. - Notice and order - recording. 1.20.24. - Notice and order - supplementation, revocation, modification 1.20.25. - Notice and order - administrative conference. • J 1.20.26. - Notice and order - remedies - suspension, revocation or limitation of permit 1.20.27. - Notice and order - remedies - denial of permit 1.20.28. - Notice and order - remedies - abatement 1.20.29. - Stop work order - authorized. 1.20.30. - Stop work order - effect 1.20.31. - Stop work order - remedy - civil penalties 1.20.32. - Stop wor}c order - rernedy - criminal penalties 1.20.33. - Civil penalties - assessment schedule 1.20.34. - Civil penalties - duty to comply 1.20.35. - Civil penalties - community service 1.20.36. - Civil penalties - waivers 1.20.37. - Civil penalties - critical areas 1.20.38. - Cost recovery 1.20.39. - Collection of civil penalties, fees and costs. 1.20.40. - Abatement 1.20.41. - Code compliance abatement fund - authorized 1.20.42. - Administrative appeals - standing - filing requirements 1.20.43_ - Administrative appeal - notice of hearing Ordinance 05-001 Framework Development Code Page 2 of 9 DRAFT 1.20.44. - Administrative appeal - procedures 1.20.45. - Administrative appeal - final order 1.20.46. - Judicial enforcement - petition for enforcement ADMINISTRATION 2.01. Planning Commission (Reserved) 2.02. Hearing Examiner (Reserved) 2.03. Community Development Department (Reserved) 2.04. Building Official (Reserved) 2.05 Public Works (Reserved) ARTICLE III BUILDING REGULATIONS 3.01. Adoption of Referenced Codes ( Ordinance No 04-410) 3.02. General Requirements for all Referenced Codes 3.02.01 Conflict Between Codes. 3.02.02 Reserved. 3.02.03 Design Requirements: 3.02.04 Professional Preparation of Plans_ 3.02.05 Construction Plan. 3.02.46 Permits 3.02.07 Referenced Codes. 3.02.08 Fees 3.02.09. Appeals. 3.02.10 Floodplain Development 3.02.11. Reserved. 3.03 Amendments to the referenced codes. 3.03.1 2003 Intemational Building Code. 3.03.2 2003 International Residential Code. 3.03.3 2003 International Mechanical Code -Reserved. 3.03.4 2003 International Fire Code 3.03.5 2003 Uniform Plumbing Code - Reserved 3.03.6 2003 International Fuel Gas Code - Reserved. 3.03.7 2001 Second Edition, Washington State Energy Code - Reserved. 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings _ Ordinance 05-001 Frameveork Development Code Page 3 of 9 DRAFT ARTICLE IV ZONING REGULATIONS i 4.01. Applicability (Reserved) 4.02. Zoning Districts (Reserved) 4.02.1 Zoning Districts Established 4.02.2 Zoning District fvlap 4.02.3 Zoning District Boundaries 4.02.4 Compliance Required 4.02.5 Schedules and Illustrations 4.02.6 New and Unlisted Uses 4.02.7 Administrative Exceptions 4.03. Newly Annexed Territory (Reserved) 4.04. Platting Property (Reserved) 4.04.2 Creation of Building Site 4.05. Non-conforming Uses (Reserved) 4.06. Changes & Amendments (Reserved) 4.07. Reserved . 4.08. District Purpose and Supplemental Use Regulations (Resenred) 4.08.1 °R-1" Single Family Residential Estate District f 4.08.2 "R-2" Single Family Residential District, (Reserved) 4.08.3 "R-3' Single Family Residential District. 4.08.4 "R-4" Residential District 4.08.5 "MF-12" and °MF-22" Multifamily Residential District 4.08.6 through 4.08.10 (Reserved) 4.08.11 "B-1" Local Retail District 4.08.12 "B-2" Shopping Center District 4.08.13 °B-3" Corridor Commercial Distnct. 4.08.14 "I-1" Light Industrial District 4.08.15 °I-2"-Intermediate Industrial District 4.08.16 "1-3° Heavy Industrjal Districts 4.08.19 °PD" Planned Unit Development District 4.08.20 (Reserved) 4.10. Residential Accessory Use Regulations (Reserved) 4.11.- 4.14 Reserved %4.15. Height and Area Regulations 4.15.1. General Provisions (Reserved) Ordinance 05-001 Frarnevrork Development Cods Page 4 of 9 DRAFT 4.15.2. Residential Height and Area Regulations (Ordinance 04-033) 4.15.3. Non-Residential Height and Area Regulations (Ordinance 04-033) 4.20. Permitted Principal & Accessory Uses (Reserved) 4.20.1 General Provisions 4.20.2 Schedule of Principal Uses 4.20.3 Schedule of Accessory Uses ARTICLE V SPECIAL ZONES 5.01 Floodplain Hazard Purpose (Ordinance 04-004) 5.02 Definitions 5.03 Enforcement 5.03.01 Applicability 5.03.02 Basis for establishing Areas of Special Flood Hazard 5.03.03 Stop Work Orders 5.03.04 Penalties for Non-Compliance 5.03.05 Abrogation and Greater Restrictions ~ - ~5.03.06 Interpretation i 5.03.07 Warning and Disclaimer of Liability 5.04 Administration 5.04.01 Development Permit Required 5.04.02 Application for Development Permit 5.04.03 Designation of the Local Administrator 5.04.04 Duties and Responsibilities of the Adrninistrator 5.05 Variance Procedure 5.05.01 Procedure 5.05.2 Conditions for Variances 5.05.03 Appeals 5.06 Provisions for Flood Hazard Reduction 5.06.01 General Standards 5.06.02 Anchoring 5.06.03 AH Zone Drainage 5.06.04 Construction Materials and Methods 5.06.05 Utilities 5.06,06 Subdivision and Other Proposed Development 5.06.07 Review of Building Permits Ordinance 05-001 Framewor9c Development Code Page 5 ni 9 DRAFT 5.06.08 Specific Standards _ . 5.06.09 Before Regulatory Floodway ~ 5.06.10 Floodways 5.06.11. Water-Dependent Works. 5.06.12 Standards for Shallow Flooding (AO Zones) 5.06.13. Special Requirements 5.06.14 Critical facilities 5.10 Airport Hazard (Resenred) 5.20 Critical Areas (Reserved) 5.25 Shoreline Management (Reserved) 5.30 Historic Preservation (Reserved) ARTICLE VI . SPECIAL ZONING PROVISIONS 6.01. Conditional Use Permits (Reserved) 6.01.1 Purpose 6.01.2 Permitted Uses 6.02.3 Approval Process and Procedure 6,01.4 Specific Use Permit Requirements 6.01.5 Permitted Uses 6.01.6 Revocation of Conditional Use Permit 6.02. Special Use Permits.(Reserved) 6.02.1 Adult Retail Uses 6.02.2 Firearms and Explosives Sales and Service 6.04 Temporary Use Permits (Reserved) 6.05 Site Plan Approval (Reserved) 6,05.1 Purpose. 6_05_2 Applicability 6.053 Site Plan Details 6.05.4 Review Standards ARTICLE VII DESIGN STANDARDS 7.01. Purpose (Reserved) 7.02. Applicability (Reserved) i 7.03. Non-Residential Design Standards (Reserved) Ordinance 05-001 Framework Development Code f'age 6 oi 9 DRAFT ~ 7.03.1. Parking Garages 7.03.2. Exterior Facade Materials 7.03.3. Roof Top Mechanical Equipment 7.03.4. Outdoor Lighting. 7.03.5. Utility Services 7.04. Off-Street Parking and Loading (Reserved) 7.04.1. Vehicle Parking 7.04.2. Off-Street Loading 7.04.3. Disabled Parlcing Requirements (RESERVED) 7.05. Landscaping Requirements (Reserved) 7.05.1. Standard Planting Materials 7.05.3 Tree Planting Requirements for New Single Family Res. Development 7.05.4 Landscape Maintenance Requirements - All Districts 7.05.5 Landscapellrrigation Plan Approval 7.06. Clear View Triangle (Ordinance 04-038) 7.07. Fences and Walls (Reserved) 7.08. Performance Standards (Reserved) ` 7.09. Sign Regulation (Reserved) ARTICLE VIII SUBDIVIStON REGULATIONS 8.01. Purpose (Reserved) 8.02. General Provisions (Reserved) 8.02.1. Jurisdiction. 8.02.2. Applicable Law 8.02.3. Superseding Regulations 8.02.4. Amendments 8.02.5. Administrative Approval of Certain Minor Plats, Amending Plats and Replats 8.03. Plat Regulations (Reserved) 8.03.1. In General . 8.43.2. General Development Plan 8.03.3. Preliminary Plat 8.03.4. Final Plat 8.43.5 Binding Site Plan 8.03.5. Combination Plat 8,03.6. Replat Procedure wifhout Vacating Preceding Plat Ordinance 05-001 Framework Development Code Page 7 of 9 DRAFT ARTICLE IX DEVELOPMENT STANDARDS 9.01. Permits Required (Reserved) 9.02. Lot Design (Reserved) 9.03. Blocks (Reserved) 9.04 Street Design Standards 9.04.01 -9.04.09 (Reserved) 9.04.10 Street Vacation (Ordinance 04-402) 9.05 Clearing & Grading (Ordinance 04-016) 9.05.01 Purpose 9.05.02 Permit Required 9.05.03 Exempted Work 9.05.04 Testing 9.05.05 Hazards 9.05.06 Definitions 9.05.07 Grading Permit Requirements 9.05.08 Engineered grading Requirements 9.05.09 Residential Subdivision Grading 9.05.10 Ponds, Water Features and Man-rnade lakes ' 9.05.11 Paving (Reserved) 9.05.12 Private Driveways 9.05.13 Soils Engineering report 9.05.14 Engineering Geology Report 9.05.15 Regular Grading Requirements 9.05.16 Erosion Control 9.05.17 Blasting (Reserved) 9.05.18 Grading Fees 9.05.19 Grading Inspection 9.05.20 Completion of Work 9.06. Utilities Standards (Reserved) 9.07. Landscape Irrigation Systems (Reserved) 9.08. Stormwater Management (Reserved) 9.09. I'vlonuments & Markers (Reserved) 9.10. - 9.24. Reserved 9.25. Escrow Policies and Procedures. (Reserved) 9.26. Payrnent of Fees, Charges and Assessments (Reserved) Ordinance 05-001 Frarnev,rork DevelopmQnt Code Page 8 of 9 DRAFT ARTICLE X PARK DEDICATION (Reserved) ARTICLE XI IMPACT FEES (Reserved) APPENDICES A. Definitions B. Filing Fees and Charges C. Trees and Plants D. Planned Development Districts" Section 2. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of , 2005. ATTEST Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to Form: • Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: ~ Ordinance 05-001 Framewark Development Code Page 9 of 9 CITY OF SPOKANE VALLEY . Request for Council Action Meeting Date: January 11, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing 0 information admin, report ❑ pending legislation AGENDA ITEM TITLE: First reading on Ordinance 05-002 amending SVMC 6.05.080 relating to infractions for violation of park rules. GOVERNING LEGISLATION: SVMC 6.05.080. PREVIOUS COUNCIL ACTION TAKEN: Study session on 14-05 BACKGROUND: SVMC 6.05.080 states that anybody who violates SVMC 6.05.030 - 070 shall have committed a class 1 infraction. (SVMC 6.05.030 - 080 are provided for your review.) A class 1 infraction in District Court results in a$250 fine plus court costs and fees. The total cost to the citizen is $512.00 ($250/512). Chief Walker advises that a class 1 infraction is unusual for this type of violation. That assertion was echoed by District Court Administrator Ron IUliles. On January 4, 2005, staff requested that Council members review the types of violations /J contained in SVMC 6.05.030 - 070 to determine whether a reduction in the classification of the infraction (and thus, the fine) is appropriate. After considering the options, the Council instructed the staff to draft an amendment reducing the infractions from class 1 to class 3. As previously noted, the more serious types of offenses, such as destruction of park property, damage to wildlife, possession of dangerous weapon, etc., would still remain as criminal charges pursuant to SVMC 6.05.100, and thus potentially be subject to jail. OPTIONS: Move to advance Ordinance 05-002 to a second reading for February 8, 2005; or move to suspend the rules and approve Ordinance 05-002. RECOMMENDED ACTION OR MOTION: Motion to suspend the rules and approve Ordinance 05-002. BUDGET/FINANCIAL IMPACTS: None anticipafed. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Mike Jackson, Parks Director. ATTACHMENTS: SVMC 6.05; proposed Ordinance 05-002. r-~, • DRAFT CITY OF SFQK4NE VALLEY SPOKA\tL+COU'TY, WASHL\`GTQN QFt.I)iNANCE NO. 05-002 AN O[tDINANCE AA'IENDING SI'UKA\7F VALLEY CUDE TITI..F 6, SECTION OS PERT.Al1YlNG TO FFNA_LTIES FOR VIOLATIpNS OF CERTAIN 1'A_R.KS RTGULATIO,VS. WHFRFAS, dhe City of Spokane Valley aclopted Municipal Code Section 6.05 co regulate certain activities within the City nark system; and V1rHERE:AS, the violation of various E'ark fZegulations could resulr in the assessment of a Class 1 infraction wit)t courc costs and fees: and WH:EREAS, the City Council wishes to reduce the level of in{'raction to a class 3 infraction, wiCh court costs ancf fees: and ~VHEREAS, adopting a different infrac[ion level for Park Regulation violations is within the police power of the eiry to protect the public's health, safety and welfare o1' its residents. A'OW, rI-TLREFOTZE; the City Council of xhe City of Spokane Valley, Wasliington, ordains as fnllows: Scction 1. .Amendment. Title 6, Section 05, Subsection 0$0, is hercbl' amended to change the infraction level as follows: Any person violating anyprovision of SVMC 6.05.030. 6.05.040, 6.05.050, 6.05.060, or 6.05.070 shall have committed a class 3 infract'ion. ~ Section 2. Remaincter of SVMC 6.05 Unchanged. The remaining provisions of SVW1C 6.05 are unchantied by this amendment. Secdnn 3. Severabilih. If any section; sentence, clause or phrase of this Ordinance shoulcl be held to be invalid or unconstitutional by a court of eompetent jurisdiction; such invalidity or unconstitutionaliry shall not afTect: the validity or constitutionality of any other section, sentence, clause or qhrasc of'this Orclinanee. Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days afier the date of publicaiion of this Ordinance or a summar_y there-of in the official newspaper of the City. 1'.4SSED bv the City Couricil this day of ; 2005. Mayor, Diana Wilhite ATTEST: Cltristine $ainbridge, City Clerk Approved As To Furm: i ~ ~ 'Cary P. Driskcll, Deputy City Attoi-iiey Date of Publication: Effective Date, Ordinance 05-002 Amending SNrMC 6.05 PaPe 1 of I Spokane Valley Municipal Code 6.05.050 Ctiapter 6.05 upnn, or by whic;h any persons or property may bc transnorted or drawn; and shall include, but not be PAI21C RECULA"I'.IONS limited to, automobiles,l.rueks, motorcyelcs, rnotor scooters, jeeps or similar-type four-wheel-drive Scc[ions: vehicles, and snowmobiles, whether or not t_hey 6.05.010 Definitions. can be legally operated upon the public highways. 6.05,020 Yurpose. "Open space, trails or parks," collectively 6.05.030 Hours of operat:ion. referred to as "City parks," means any ret:reation or 6.05.040 Facility and oucdoar Gelci lights. similar real property under the ownership, manage- 6.05.050 Special evcnl permits. ment, or control of the City. 6.05.060 Salc of gAOds or seivices. "Person" means any individual, group, firm, 6.05.070 Rules governuig use of City parks ancl parmership, corporation or elub. facilities - Violation a class 1 civil "Trail" means any path, Irack, ar right-of-way infraction. desigmed for use by pedestrians, bicycles, or otller 6.U5.080 Violation - Penalty. nonmotorizcd modcs of transporcation. (Ord. 65 6.05.090 1'tules govcrning use of City parks and § 1, 2003). facilitie5 - Vioiation a misdemeanor. 6.05.100 Violation - Penalty. 6.05.020 Purpose. 6.05J !0 Administrtcive sanctions. `I'he Cicy af Spokane Vallcy Ciry parks, includ- 6.05.120 ftules and nolicy. ing facilities and programs af the deUartment, are established and maintained by the City for public 6.05A10 Detinitiuns. recreation ptupose5. (Ord. 65 § 2, 2003). The followinb clefinitions shall be used in this ehaptcr: 6.05.030 Hours of operadon. "Alcoholic Ueverages" er "liyuor" shall bc Unless otherwise established by I.he director, defned as set forlh in RCW 66.04.010 and shall City parks shitll be open at dawn and closed for use ~ i include alcohol, spirits, wine and beer. iic 10:00 p.m. (Ord. 65 § 3, 2003). "Camping" means erecting a tent or shelter or arranging bedding or both for the purpose of or in 6.05.040 T'scility and outdoor tield lights. such a way 3S wIII pORlllt, remainine overnight; or Use of facilities Sunday through ThLLrsday shall parking a trailer, van, recreational vehicle, bus, cease at 10:00 p.m. unless otherwise approvecl by camper, or olher vehicle far the purpose of remain- the director. Use of facilities on Fridays or Satur- ing overnight. days shall cease at I I:QO p.m. unless otherwise "City" means the Cily of Spokane Valley, approved by the director. (Ord. 65 § 4, 2003). W ashington. "Department" means the Ciry of Spokane Val- 6.05.050 Special event permits. ley parks department. City parks and facilities are available for private "Deparement employce" ineans a duly use by groups or organizations through a special appointed City of Spokane Valley parks depart- event permik. Sgecia] evcnt permits may inc:lude ment eivployee. scheduling use of faeilities for any community spe- "Director" means the eity manager or dcsignee cial event, private event, sports or entertairunent who is anticipatcd to be the director of the parks event involving more t6an the routine use of a park depariment. er agathering of 15 or more peoplc. "1'acility" or "facilities" means any building, Where appropriate, special conditions for the equipment; sign, material, shelter, swi.rnuning pool, event will be cstablished by the dcpartment and nr other physieal property including but not limited included in the pemiit. The department reserves the to aciministeretl trees, shrubs, plants, lawcls; pla}+ right to cancel a perniit for eood cause. lf reason- Eqtiipment, benches, tables, picnic areas, adlletic ably possible, notice of cancellation shall be given Gelds, lrails, or parking and pedestrian areas at least 24 hours in advitnce of the event. (including curbs, side«lalks and driveways or inter- A canceliation or denial of a speci<<I event per- nal roads) for motor vehicles, persons or structures mit may be appealed to the city cauncil by filing a ~ owned or conlrolled by the City of Spokanc Valley. written appe,al with the city clerk within 10 days of = "Motor vehiele" mcans any self.-propelled the date of the decision. Upon such appcal, the city device capable ofbeing moved unon a road, and in, 6-3 6.05.060 council may reverse, affirm or modify the depart- the department. Nlo pctson shall park; leave stand- ment's decision. (Ord, 65 5 S, 2003). ing, or abandon a vehicle in any faciliCy after clos- ~ ing time exe_ept persons using park facilities as part 6.05.060 Sale of gaods or services. of an evcnt authorized by the dcparhnent. Any The sale of gaods or services in City parks or vehicle f'ound in violalion of this subsection may facilities shall be allowed only [luough written be towed away at the owner's expense. This sub- agreernent wilh the City. (Ord. 65 § 6, 2003). section shall nat apply to maintenance and emer- gency vehicles or vehiclcs authorized by lhe 6.05.070 Rules gaverning use of Cih` parks department. and fflcilities - Violstion a class 1 1. Motor Vehicles - Speecl Limits. No person civil infraction. sMall drive a malor vehicle within any C;ity• park or A. Camping. Nlo person shall camp in airy City facility at a speecJ greaier thAn posted, having clue park or facility, unless othervvise designated. regard fnr traffic, surf'ace and width of the road, B. Fires. No person shall ignile or maintain any and in no event at a speed which endangers the fire or parlicipate in igniting, maintaining or usi.ng safety of persons, property, or wildlife. any fre within open spaee, trail or park or facility J. I'arking I.ots and Roadway - Games Prohib- except in a designated barbecue un.i[ or in a desig- iled. Garnes of any kind are prahibited in parking nated fire pit unless authorired by the department. lots and roACiways. C. T'ood Waste, Washing of Clothes or Ani- K. Pcis. mals. No person shaU clean fish, or other food, or 1. Dogs, pets, ar ciomeslic animals are not wash any clothing or other ariicles for personal or permittect on any designated picnic area, tennis household use, or any dog or other animal except at caurt or play area in any City park or in any build- desio iated arcas. ing unless specifically permitted by posicd notice. 17. Game Fish. All laws, rulcs and regulations This subsecrion shall not apply lo animal guide of the State C.,,ame Commission relating tn season dogs. limits and methods of fishing are applicable to rsh- 2. Dags or other pets or domestic animals ing for game fish in park areas. No person may fish must be kept on a leash no greater than 15 feet in . for, or possess any fish taken from any rivee, lake, length, and under control at all times. pond, strcam or other bocly of water which is 3. Any person whose dog or othe_r pei is in pos[ed with a sigm prohibiting fishing, any open space, trail or park area shall be responsi- E. Horscback Riding. Hnrscs are not pennitted ble for t11e conduct of the animal anc{ For removing in any Ciry park or faeilily, unless pemiitted by thc f'eces deposited by such animal. director. 4. No person shall allow his or her dog or F. Littering. Littering in City parks and facili- o[her pet or domestic animal to bite, disturb or ties is not permitted. Al] waste and garbage shlll be harlss any facility users, wildlife or other pets. No disposed uf in a garbaee can dr other receptacle person shall permit his or her dog or other pet or designed for such purposc. clomestic animal lo bark or make noise continu- , G. Motor Vehicles on Park Propeny. No person ously or otherwise unreasonably disturb the peace shall operate any motor vehicle on open space, trail and tranquility. No person sha11 permit dogs, pcts or park property unleSS such area has been specifi- or dameslic animals to damAge, destroy or remove cally designated and postecl for such use. No per- park vegetation. son shall opcrate a motor vehicle witllin the L. Presence in City Pacilities Whei7 Closed. No bounciaries of a City park crccpt on roads, streets, person shall enter or be present in facilit.ies whcn hibhways, parking lots, parkinc areas, or where closed except persons using faeilities as part of an othcnvise permittecl by posled notice. 'I his subscc- event autharized by the department. tion shail not apply Io emergency, maintenancc or M. Skatebnards and Rollerblades - In Desig- authorized vehicles, nated Areas Only. \To person sha11 be permittcd to H. Motor Vehicles - Parking. No operator of skateboard ar rollerblacle in parlc far:ilitics unless any motor vehicle, trailer, camper, boat trailer, or othervvise designated by t-he clepartment. other vehicle shall park such vehicle in any City N. Sound Ampii6cation. No person shall use, park or fiicility cxcept where the operator is using operale or play in a City park any radio, tape the area for lhe desigj»ted recreat.ional purpose and player, <lise player, television, rnusical instniment; ~ the vehicle is parked either in the designated park- ret;ord player or any other machine or device pro- , J ing area, or in another area wilh the perniission of ducing sound at a volume that is audible at a dis- 6-4 Spokane Valley Municipal Cocte 6.05.090 tance of over 30 feet therefrom except pursuant to 6.05.090 Rules governing use of Cit~, parks ~ a perrnit issued by the department. and facilities - Violation a O. Swimming. Swimming shall only be pennit- rnisciemeanor. ted in poste(i areas. A. Alcohnl Consumption. AIo person shall P. Tcnts iind Shelters in Parks. Unless authU- knotvingly allnw, conduct, hnld, maintain, nr con- rized by the tlepartment, no persnn shall ereet, sume alcohol in City parks or facilities withOui first maintain, use or oecupy a temporary tent nr slieltei• obtaining a permit from the depart.menf. in any City park or faciGty unless there is an unob- Designated Areas. '17he city council sliall, shvcted view through such tent or shelter from at through resolution, designate specific areas in City least two sides; prqvided, however, that nothing i.n parks and facilities where alcotio] may be con- this subseetion shall be eonstrued to authori•r,e sumed after obtaining aa slcoholic beverage per- overnight camping. mit. Q. Trail Use. C. /lpplicatioti for Aleoholic I3everage 1'ennit. l. For the purposes of this subsection, "trail Application fdr permits shall be in writicig and filed usc" 5hall be construed t.o include all forms of with the deparhnent. The application s12a11 be £led movement or cra.nsportation an a trail, including no less than 10 clays prior to the gathering at which but not limi[ed to foot, bic_ycle, horse, skateboard, alcoholic beverages wili be consumed. Pees for rollerskates and rollerblades. such permits shall bc established by couneil resolu- 2. Trail use is open tn all nonmotorizecl users tion. The department shall prescribe the form of the uiilcss olhenvise designated and posted. Trail use application, which shall include name and age of restricrions msy be posted at park en[rances, trail- applicanl, public place where permit is to be used, Iieacls or, in some cases, on inciividual tr3ils. type of activity, date of activity, measures to con- 3. T'very person h-aveling on a trail shall trol the consumption of alcoholic beverages and obey tUe instructions of any official traffic control such other matters as deemed appropriate by the device or trail sign unless otherwise dirccted, department. 4. No moiorized vchicles shall be allowcd an The director shall review and either approve or Ci[y trails. Fnr t.he purposcs of: lhis subsection, deny the applieation witliin fvc clays from receipt. "motorized vehicles" means any form of transpor- The director may impose reasonable conditions tation powered by an intemal combustion or elec- upon the permit. A denial by the direetor may be tric mocor. This includes but is not limited to motor appcalecl to the city council within 10 days &om vehicles, golf carts, mopeds and a11-terrain vehi- the date of the cienial. cles, This subseclion shall not apply to wheelchairs D. I7ainage to Property. No person shal] powered by electric motors, nr tluthorized mainte- remove, damage; or destroy any area in a Cily park nance, police or emergency vehicles. nr facility. R. Trespassing. No person except an aulhorized E. llamage tA Wildlife. Except for Fshing and City emplnyee, or otlier person duly autliorired, shellfishing in authorized areas and subject to rules shall enter or go upon any area or f.aciliCy which has promulgatcd by the VVashicigton State r,sn and f7Ce:n Clesigtlated BflCI pQSlLf1 as a"No Admittinee" Wildlife Commission, it is unlawful in any park to or "No Trespassing" area or during riny time when capture, attempt to capture, tease, annoy, disturb, the park is closed to lhe public. or strike any bird or animal, or to throw or other- S. Washing of Vehicles. No person shall clean wise propel any oUject nt or in t6e vicinity of any or wash any motor vchicle in any Cit}+ park or facil- bird or animal. ity except i❑ areas specifically clesignated for Ihat F. Taumping in Waier prohibited. No person use. (Ord. 65 5 7, 2003). shall deposit any waste or eefuse of any nature, including human or animal waste, into any river, 6.05.080 Violation - Yenxlty. stream, lake or other body of water running in, My person violati.ng tiny provision of SVMC througll, or adjacent ro any City park. 6.05.030; 6.05.040, 6.05.050: 6.05.060 or 6.05.070 G. Firearms, Weapons. No person except duly slial] have cotnmitted a class 1 civil infraction. authorized law enforcement personnel shal] pos- (Ord. 65 § S, 2003). sess a firearm; bow and arrow; crossbow, or air or gas weapon in a City park or facility. Na person shall discharge across, in, or onto any faeility a firearm, bow and arrow, crossbotv, air or gas weapon, or any device capable of injurine or kill- 6-5 6.05,100 ing any pcrson or animal, or dsmaging or destroy- ing any public or private property. This subsection shall not apply where ehe departmene issuecf a spe- cial event perrnit for such activity. H. Firsworks. No person shall possess, dis- charge, or c.iuse Io bc dischargcd, in any Ciry park or facility, any firecracker, taipedo, rocket, fire- work, explosive, or similar device unless so tiul:ho- rized by t}ie department. 1. Interference with Trails. Nlo person shall place, cleposit, or otherwise locate any objcct, struct►arc or devicc, whcthcr natural or artificial, that threatens or endangers airy h-ail; or tliat threat- ens or endangers any person traveling therenn. This suhsection shall not apply to City cmploy- ees in the perforniance Qf their duties oi• to persons acting pursuant to written direction of the City. J. Outside Hauseholc4 or Commercial Waste. No person shall bring in or deposit household or commercial garbage, refi►se, waste; or rubbish which is brought in sueh form from any priviite property, in any City p3rk or facility garbaoe can or otller receptacle. K. Removal of Property. No person shall remove any City property &om a City park nr facil- iry withouc thc pcrmission of thc ctcpartmenl. L. Soiicitation. No nerson shall solicit, sell, or ; peddle any goods, services, food or drinl:, or dis- tribute or post any hanclbills, circulars, or sigms, or use any loudspeaker or odier amplifying device, in zjny City park, exeept by contract or by permit issued by the department. M. Waste from Vehicles. No person shall drain or dump refusc ar wasle from any trditer, camper, auiomobile or other vehicle in any City park or facility. (Ord. 65 § 9, 2003). 6.05.100 N'iolation - Fenalty. A.ny person violaling any provision of SVIv1C 6.05.090 shall be guilty of a misdemeanor. (Qrd. 65 § 10, 2003). 6.05.110 Administrative sanetions. In addition to any preseribed penalty, any per- son failing to comply with any provision of this chaptcr shall bc subject to the loss of park or rccre- ation facility usc privileges, (Ord. 65 § 11, 2003). 6.05.120 Rules ancl poliey. The city maniiger or designee may develop rules, policies and Corms tU implement this chapter. AI] adopted niles, polieies and forms shall be filed with the city clerk. (Orcl. 65 § 12, 2003). . } 6-6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 1-11-05 City Manager Sign-off: Item: Check al) that apply: ❑ consent old business X new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion to Rescind Declaration of Surplus Property and Authorize City Manager to Grant Non-Exclusive Easement. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council adopted Ordinance 04-043 on October 26, 2004, vacating that portion of David Road lying betwesn Appleway Blvd and Sprague Avenue. The property owner east of the now-vacated David Road also seeks to obtain the right to place drainage and/or landscaping facilities on that portion of city land that lies west of the now- vacated David Road. Council, also on October 26, 2004, declared that westerly remainder to be surplus property. BACKGROUND: Marshall Clark, the owner of the remaining property that comprises the l` triangular piece of land bordered by Sprague, Appleway Blvd, and Thierman, requests an easement for that land west of vacated David Road for the purpose of placing drainage facilities (208) and/or landscaping in that area. He will need such an easement to meet the current developmenUparking configuration he desires. Council declared this property surplus for public use, and after additional consultation between Community Development, Public Worlcs and Legal, staff recommends that this be rescinded in the event the City determines a substantial need in the future. OPTIONS: Not granting the easement; instruct staff to proceed with selling the property outright. RECOMMENDED ACTION OR MOTION: Pass a Motion rescinding the Declaration of Surplus Property and authorizing the City Manager to execute the Easement on behalf of the City Council. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Propased Easement RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: ChrisLinc Properties, LLC 2320 N Atlantic St., Ste 100 Spokane, WA 99205 SPACE ABOVE FOR RECORDING ONLY Document Title: Easement Grantor(s): City of Spokane Valley, a Municipal Corporation ; Grantee: ChrisLinc Properties, LLC Legal Description: Additional Legal Description: See Page 1 Assessor's Tax Parcel Number: Reference Number: DECLARATION OF EASEMENT For $4.650.00 and other valuable consideration the City of Spokane Valley (Grantor) hereby grants to ChrisLinc Properties, LLC, its successors and assigns (Grantee), an easement in the property described in the attached Exhibit "A". The property lies generally between Sprague Avenue and Appleway Boulevard and west of Vacated David Road. This non-exclusive Easement shall commence January 15, 2005, shall run for a period of 40 years, and is subject to the rights of any other person or entity with an interest in the subject property, including utility easements. The value of the easement was determined by the square foot purchase price value of Grantee's property immediately to the east of this property ($10.00 per square foot), reduced by 50% to reflect transfer of less than a fee interest. This square foot value was then applied to the square footage of this parcel, 930 square feet. The Grantee shall only utilize the property for landscaping and a 208 drainage , swale and related uses. Grantee shall be solely responsible for all maintenance and % repair of improvements Grantee places on the property. In the event Grantee does not use the property for this stated purpose for more than one year, the easement shall become null and void and cease to be an encumbrance upon the real property. Grantee shall indemnify and hold Grantor, its officers, employees, agents and volunteers harmless from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from a negligent act or omission on the part of Grantee or its agents, employees or volunteers in the use of this Easement. In the event that any suit based upon such a claim, action, loss, or damage is brought against its officers, agents or employees, Grantee shall defend the same at its sole cost and expense; and if final judgment be . rendered is rendered against Grantor, that party or its officers, agents or employees, ~then Grantee shall satisfy the same. No modification of the easement can be made without prior written approval of the Grantor. IN WITNESS WHEREOF, the Grantor hereto has caused their duly authorized representatives to execute this instrument as of the date hereinafter written. DATED: , 2005. GRANTOR: City of Spokane Valley, By: Name: Title: GRANTEE: ACCEPTANCE OF EASEMENT Signature Title and entity signing on behalf of STATE OF WASHINGTON ) ) ss. . County of Spokane ) I certify that I know or have satisfactory evidence that is the individual who appeared before me, and said individual acknowledged that he signed this instrument, and acknowledged it as his free and voluntary act, for the uses and purposes mentioned in the instrument. Dated this day of 2005. Notary Public for the State of Washington Residing at My commission expires CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 11, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Q new business ❑ public hearing ❑ information ~ admin. report ❑ pending legislation AGENDA ITEM TITLE: CRIME CHECK UPDATE GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Staff presented a law enforcement update on December 21, 2004, including a status report on Crime Check. BACKGROUND: Crime Check is a non-emergency response line operated by 9-1-1 Emergency Communications. Spokane Valley pays for Crime Check and 911 service through the M&O line item of the Law Enforcement Support Unit (LESU) section of the law enforcement agreement with Spokane County. It is not separately itemized. The City of Spokane announced it was reducing its financial contribution to Crime Check for 2005, which in tum lowered its service level. Subsequently, the 9-1-1 Board decided to lower the service level throughout the County. During a law enforcement update at the December 21 meeting, the City Council raised several questions. Lorlee Mizell, Executive Director of 9-1-1 Emergency Communications will present background information on the agency, including the governing structure and an organization chart. She will also provide information about Crime Check, including how the decision to change the service level was made, the service impacts to Crime Check and 9-1-1, the plan to address potential concerns such as significantly higher 911 calls and the public awareness campaign to educate the community on the changes to Crime Check. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: NIA BUDGET/FINANCIAL IMPACTS: None at this time. A change in the Crime Check service level would decrease the cost of the law enforcement agreement. STAFF CONTACT: Cal Walker, Police Chief ATTAC H M E NTS 1. ~ CITY f)F SPOKANF VALLEY Request 1'or Couucil Action Mce[ing pate: 1-1 1-OS City A'Ianager Sign-ofi': Item: Check aU that apply: ❑ consent d old business new business CB public hearing X information ID admin. report pendint legislation AGENl.)AITEMTITLE: Utility'I'ax GQVE+~.ltNING LEG.LSLATION: State law authorizes cities to levy utiliry taxes of up to 6% on private utilities operating within the boundaries of the ciry. ln addition, cities may lewy utility taxes on all city-owned utility operations. PREVIOUS COUn7CIL ACT10N TAKI;n°: At the October 5, 2004 study session, s(aff presented utility tax scenarios for council review. The council considered an ordinance to implement a utility tax nn October 26. Mowevcr, the matter was tabled until November 9, to alJow the council to hear additional public input. Opportunities to present public; inpurt were prdvided at the November 2, IN'ovember 9 a.nd Decernber 7 c,ouncil sessioiis. The first reading of the ordinance took place ac the December 7, council meeting. BACKCRpUVD: Staff Mas developed a multi-year finaneial plaii which helps identify potential financial problems several years before. they occur. In earlY 2004, the multiyear financial plan identified (inancial peoblems likely to occur in future years. Sevcral revenuc options and expenciiture reductions were considered. Updated finaneial projections are attached for the General Fund (problem statement #1), the Street Funt1 (problem statcment #2) and Capital Needs (problem statemcnt #3). RE COMR'IENDATI0N: Staff is seeking direction from the city council regarding the utility tax proposal. BUI)GFT IMI'AC1': Staff's latest revenue aiid expenditure estimates for the period 2005-2010 include the adopted budget for 2005. STAFF CONTACT: Ken '1'hompson, Financc pirector and Courtney Moore, Accountant/Budget Analyst 1 ' ~ ~ . . ~...~i:i`~.'w~~ ~_~•...3~:~Yti11ft:Si...'_ . . j ~';+:F :.A~~i1~~Pq~~ ~~~8.'1~ ~7 ;,a. • ~j -J . . . . . , ' . • • Tax ~ . Proposed Utility . , . January 11, 2005 ~ Ken Thompson, Finance Director Nina Regor, Deputy City Manager . t • . . -:i Six-Year Financial Forecast _ , I General Fund Problem Statement #1 .I ~ 2005 L• ~'~F.+r..-~~~k p'y.!J'-~`,,~'~'` Adopted 2006 2007 2008 2009 2010 Budget Estimate Estimate Estimate Estimate Estimate General Fund Revenues: Sales 7ax $ 13,000,000 S 13,364,000 $ 13,497,640 S 13,794,588 $ 13,932,534 $14,071,859 Property Tax 10,055,316 10,255,869 10,458,428 10,663,012 10,869,642 11,078,339 . j Gambling Tax 800,000 800,000 800.000 800,000 800,000 800,000 . :i Leasehold Excise Tax 5,000 5,000 5,000 5,000 5,000 5,000 - - j Franchise Fees 620,000 626,200 632,462 638,787 645,175 651,627 State Shared Revenues 1,121,709 1,149,752 1,178,496 1,207,958 1,238,157 1,269,111 , Planning & Building Fees 1,293,000 1,293,000 1,293,000 1,293,000 1,293,000 1,300,000 : Fines & Forfeitures 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 ' Recreation Program Fees 90,000 90,000 90,000 90,000 90,000 90,000 Interfund Transfers 287,140 247,000 247,000 247,000 247,000 247,000 Investment Inierest 36,000 50.000 50,500 51,005 51,515 52,030 Total Gonoral Fund 28,508,165 29,080,821 29,452,526 29,990,350 30,372,023 30,764,966 'fGeneral Fund Expenditures: Legisla4ive $ 288,226 $ 321,595 $ 340,882 S 363,110 $ 388,831 $ 418,703 Executive & Legislative 442,867 471,341 504,216 538,397 573,561 612,815 • PubliC Safery 15,711,424 16,768,294 17,899,124 19,109,091 20,443,734 21,788,978 Deputy City Manager 268,942 285,908 300,401 314,583 327,904 341,871 . Finance 436,969 473,067 498,993 524,757 550,530 579,809 Legal 202,307 214,261 225,692 235,957 246,419 257,928 1 Human Resources 119,383 124,814 129,959 135,458 141,355 147,704 Public Works 723,990 790,937 836,554 880,645 928,890 978,744 I>lanning 934,006 967,484 1,027,917 1,092,086 1,153,743 1,220,133 Building 696,559 736,191 779,874 828,677 876,176 926,852 Library 2,270,000 2,338,100 2,408,243 2,480,490 2,554,905 2,631,552 Parks Admin 1,070,262 895,111 923,440 953,643 985,138 1,018,111 Recreation 158,215 163,911 167,681 171,816 176,364 179,220 Aquatir..S 255,818 272,881 291,105 310,569 331,359 353,587 Senior Center 126,592 125,187 132,014 139,489 145,570 152,330 CenterPlace 321,299 359,955 383,960 408,919 434,997 462,270 General Government 3,647,201 2,174,661 2,232,412 2,293 120 2,356,941 2 424 040 Total General Fund 27,674,060 27,483,698 29,082,467 30,780,807 32,576,417 34,494,627 Available Transfer to Street Fund 834,105 1,597,123 370,059 (790,457) (2,204,394) (3,729,661) - ~ ~ _ ~ ~ ; ; ; Street Fund & Cap ital Needs , ; j . ~ ~ Problem Statements #2 & #3 f`~`~'~":,~...,.,y..,x.~:_ ;'•.:r' i j . 2005 2006 2007 2008 2009 2010 ~ - Estimate Estimate Estimate Estimate Estimate Estimate Street Fund - #2 Beginning Fund Bal 2,603,158 1,319,197 532,809 (1,767,324) (4,747,132) (8,061,324) Transfer from GF 834,105 1,597,123 370,059 - - - . f Motor Fuel Tax 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 4,637,263 4,116,320 2,102,868 (567,324) (3,547,132) (6,861,324) ;•Expenditures 3,318,066 3,583,511 3,870,192 4,179,808 4,514,192 4,875,328 Surplus!(Deficit) 1,319,197 532,809 (1,767,324) (2,979,808) (3,314,192) (3,675,328) t ( Ending Fund Bal 1,319,197 532,809 (1,767,324) (4,747,132) (8,061,324) (11,736,652) I . 2006 2007 2008 2009 2010 ' Estimate Estimate Estimate Estimate Estimate Capital Needs - #3 Parks est. $ (225,000) $ (250,000) $ (300,000) $ (300,000) $ (350,000) Streets (900,000) (900,000) (900,040) (900,000) (950,000) Other? 100,000 100,000 100,000 100,000 100,000 Total Capital (1,225,000 (1,250,000) 1,300,000) 1,300,000) 1,400,000) CITY OF SPOKANE VALLEY i. ' Request for Council Action Meeting Date: January 11, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: PineslMansfield Development Agreement Update . GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The intersections at Pines and Indiana and Pines and I'Nansfield are operating belouv acceptable levels of service. Nine property owners in the vicinity wanted to develflp their properties but c4uld not afford to make the necessary improvements at this intersection to mitigate their traffic-related impacts. In 2002 Spokane County and the WSDOT developed a solution and offered to apply for a TIB grant to pay for the improvements. The impacted property owners agreed to financially participate by coming up with the required 34% local ~ ~matching funds. In 2002 Spokane County received a$2.1 million Transportation Partnership Program grant from the TIB for this project. In 2004 the City received $1.16 million in federal Congestion ManagemenUAir Quality funds from SRTC to cover the remaining cost of the project. The breakdown of project casts and participants is as follovws: TIB $2,193,561 55% Developers $ 499,795 13% City $ 55,000 1% WSDOT $ 55,000 1% CMAQ $1,160,469 29% Total $3,963,825 100% The participating developer partners include: • View Ranch Estates, Carlos Laiida (fonnerly Rick l~ooker) $13,959 • Northwood Properties, Ted Guniling $1,821 • 1'omlinson Black Commercial, liic., Grant 1'erson $5,159 • BSA Propertics, Robert l3onuccelli $96,838 • Lumber Yarcl Investuients, LLC; John Miller $55,533 • Inland Emnire Lana Company, Wayne Andresen $151,729 • A & A Construciion & Development; Inc., Christopher Ashenbrener $119,866 a 'Chomas Hamilton $28,524 • Mirabeau Chapel, Craig Langhans S1,821 We have provided a map showing the location of the properties associated with the above developers. We are now ready execute a mitigation agreement with each developer partner and have them pay their proportionate share of the project cost. With the concurrence of the Council we will bring back the agreements for public hearing and Council approval on January 25, 2005. ~ OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: City share of project, $55,000, is available in the Street Capital Projects Fund. STAFF CONTACT: Neil Kersten ATTACHMENT: Developer Agreement ~ . . ARer Recording, Return Document to Spokane Valley City Clerk • City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 MITIGATION AGREEMENT SR 27 (PINES ROAD)1 MANS.FIELD ROAD CONSTRUCTION PROJECT This Mitigation Agreement (`Agreement°) is entered into by and between - . _ . _ ("_Developer"), a Washington corporation, having offices for the transaction of business at , Spokane, Washington 99201, and the City of Spokane Valley ("City°), a political subdivision of the State of Washington, hereinafter jointly referred to as "Parties": ` R E C I T A L S 1. The City, in cooperation with Spokane County and the Washington State Department of Transportation, is planning to design and construct improvements to the SR 27 (Pines Road) and Mansfield Road corridor with Transportation Partnership Program (TPP) grant funds from the Transportation Improvement Board (TIB) and Congestion ManagemenUAir Quality (CMAQ) grant funds from the Spokane Regional Transportation Council (SRTC). The name of the project is the Pines/Mansfield Corridor Congestion Relief Project ("Project") and the purpose of this project is to alleviate existing and future traffic congestion in this area. The partners included in this Project include: • View Ranch Estates, Car9os Landa (formerly Rick Hooker) • Northwood Properties, Ted Gunning • Tomlinson Black Commercial, Inc., Grant Person • BSA Properties, Robert Bonuccelli • Lumber Yard Investments, LLC, John Miller • Inland Empire Land Company, Wayne Andresen • A& A Construction & Development, Inc., Christopher Ashenbrener • Thomas Hamilton • Mirabeau Chapel, Craig Langhans Hereinafter referred to as °Developer Partners." XXXXXXX, Mitigation Agreement, Pines/NSansfield Road Construction Project Page 1 of 5 2. The Developer is the owner/developer of certain real property generally located within the SR 27 (Pines Road) and Mansfield Road corridor north of Interstate 90 legally described in Exhibit "A" (°Property"). 3. The Developer is developing the Property for residential and/or commercial uses (the "Development") which will increase traffic congestion and directly impact existing transportation infrastructure along the Pines/Mansfield corridor from and including the on- and off-ramps at I- 90. Mitigation of these impacts will be required as part of the development of said property. 4. The Parties are desirous of entering into an Agreement which provides for the payment of a proportionate share of the Project in consideration for the allocation of a specified number of P.M. Peak Hour trips and mitigation of traffic impacts associated with the Development. 5. The Developer recognizes the need to improve the traffic congestion in the PinesJMansfield corridor and has agreed to financially participate in the Project by contributing a pro-rata share of the required local matching funds. The Developer's pro-rata share is based on the total number of trips previously estimated for the Development. 6. Pursuant to RCW 43.21 C.060, and RCW 82.02.020, the City has the authority to allow a payment to mitigate a direct impact that has been identified as a consequence of a proposed development. The City (1) has identified future road projects necessitated by planned development in certain areas of the City; and (2) has identified a reasonable relationship between impacts generated by the Development to the transportation system and the financial contribution toward those impacts. 7. To mitigate the direct impacts of the Development upon existing transportation facilities, ;the Parties are voluntarily entering into this Agreement pursuant to RCW 82.02.020. 8. It is intended that this Agreement provide funds in order to mitigate the direct traffic- related impacts of the Development upon the environment which have been identified through the SEPA review process and documented in the City File No. XXXX~CXX. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set fiorth, the Developer and the City hereto agree as follows: 1. Voluntarv Aqreement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged herein are proportional to the traffic-related impacts generated by the Development. The parties acknowledge that the project is reasonably necessary to mitigate the direct traffic impact of the Development. In the event that (1) a mitigation agreement is not executed by all fhe Developer Partners; (2) Project funds or the mitigation fees are not received by the City; (3) a mitigation agreement is breached by any developer; or (4) this mitigation agreement is determined by a court to be null and void all obligations under this agreement shall terminate and the City shall refund the unexpended portion of mitigation fees. Following a XXXX)CXX, Mitigation Agreement, PineslNiansfield Road Construction Project Page 2 of 5 termination of this agreement the Developer shall, as reasonably required, mitigate the t_: J direct traffic impacts of the Development through the State Environmental Policy Act. 2. Project Funds. The Project is being funded from several sources including, the Washington State Department of Transportation ('WSDOT), the TIB, the SRTC, the City, and the Developer Partners. Funds from WSDOT, TIB, SRTC and the City have been obligated. The successful completion of the Project depends on the receipt of all funds from the Developer Partners. If all funds are not obtained from the Developer Partners, the Project will not be completed. 3. Mitigation Fee. The Developer shall pay $;XXXXX, ($303.46 per P.M. Peak Hour trip), which has been determined to be the Developer's c4ntribution to the Project for mitigation of future traffic impacts related to the Development. This traffic mitigation fee shall be expended towards the design, right-of-way acquisition, and construction of the Project. 4. Pavment To begin the design of the Project, the Developer agrees to pay 20% of its mitigation fee no later than January 31, 2005. A letter of credit or savings assignment from a financial institution shall also be provided to the City no later than January 31, 2005 for the remaining 80% of the Developer's mitigation fee. The remaining 80% of the Developer's mitigation fee shall be paid to the City no later than 90-days prior to the Project bid date for construction. The City will notify the Developer of the Project bid date when it is determined. All fees paid by the Developer shall be used as a portion of the local match required for the TIB and SRTC grants related to the design, right-of-way acquisition, and construction of the Project. 5. Site Development. Building permits will be issued for the Development when 1) this agreement has been executed, and 2) the Developer's mitigation fees have been paid by all Developer Partners in accordance with Section 4 above, and 3) all other conditions of approval of the Development required by state and local laws are satisfied. The City will notify the Developer Partners in writing when all of the above conditions have been fulfilled. No building permits for the Development will be released until this written notification has been issued. Execution of this agreement releases the Developer from the requirement of constructing frontage improvements on the Property, provided said frontage improvements are included in the Project. If frontage improvements are not included in the Project, the Developer is responsible for constructing frontage improvements in addition to paying the mitigation fees. 6. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of-way acquisition, and construction of the Project. Payments shall be expended within five years of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 7. Committed P.M. Peak Hour Trips. The City agrees to reserve up to a total of XXX P.M. Peak Hour trips for the Property until the Development is complete provided such XXXXXXX, h11i1igation Agreement, Pines/Mansfield Road Construclion Project Page 3 of 5 reservation complies with all federal, state and local laws at the time application for a ~ building permit is made. "Complete" is defined as having received all governmental permits and approvals necessary to construct and permanently occupy the Development. If the total number of P.M. Peak Hour trips for the Development exceeds the total number of reserved trips noted above, a new traffic study shall be provided to determine if additional traffic mitigation is required. 8, Concurrencv: In accordance with the City's adopted concurrency standards pursuant to RCW 36.70A, the P.M. Peak Hour trips assigned herein shall be considered for concurrency purposes as vested pipeline projects and will remain reserved for the Development as provided in paragraph 7. Thereafter, any remaining capacity shall be available to the general public. 9. Notice: All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1008 Attn: City Manager If to the Developer: XXXXXXX XXXXXWUCXXXXXXXX _ ~XXXUCWCXXXXx Spokane, WA 99201' 10. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 11. Governinq Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 12. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 13. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 14. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of the Agreement XXXXXXX, Mitigation Agreemeni, Pines/tvtansfield Road Construction Project Page 4 of 5 ; shall be deemed to exist or to bind any of the Parties hereto. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 15. Authority. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. IN WITNESS WHEREOF, the Parties have executed this Agreement this day of , 2005. DEVELOPER: xxxxxxxxxxXXXXXXXXXXXXXXX gy; Its: Name: STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of 2005 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally ~ appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorizeti to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: ' Printed Name CITY OF SPOKANE VALLEY: David Mercier, City Manager ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Cary Driskell, Deputy City Attorney ` ~ XXXXXXX, PJlitigation Agreement, PineslMansfield Road Construcdon Project Page 5 of 5 ADiv'iI\jISTRATIVE REPORT "fn: Davc Mercier, City Manager FRQNI: Cal Walker, Chief nf Police DATE: December 30, 2004 RT: Pawn Orciinance For ag-reat number of years, local law enforccmcnt has tricd to bccome more and more efficient and effective in locating and tracking the irafficking of stolen praperty. As propcrly is stolen from our citizeiuy and is then converted to casb or traded for other iJlici[ substances, that same stolcn property maiiy times finds its way into a number of pawnshops and second hand stores. This rePort is not implying lhai chese establishmenfs are l;nowingl_y and actively traffickulg ui stolen property, Uut it is a long laiown phenomenon lhat many stolEn articlcs do indeed end up being sold or pawncd by othcrs who have actually committeci these property crimes or have traded in these stolen personal beloneings. . For years, local laws have mandaied a paper reporting of all iir.ms talcen in by these vendors. That paper trail is slow aaid ineffective and creates a number of duplicated efforts in entcring article inforniation into today's existinE databascs. As tcchnology has evolved, so musl we, so that we too can maintain an effective proficiency in lecating stolen property, assistulg our citizens in the reCurn of Cheu persnnal property and using these leads to hold thc offcnders legally respoiisible. 'With today's clcctronic capabilities, it is well past time that we update the manclatory reporting of the i.ntake of all paxned properties. Tliese new reporting capabilities will effectively help law enforcement to quickly identify items bcing palArned in our conununity as stolen personal property. They can alsn create a great evidentiary link in holding peipetrators of theft, burglary; and vchicle prov,rling accountavle for their illegal actions upon our citizens. Nearly evcr), business in this era uscs a computer of some type. Mandatory electronic reporting of lransactions will eliminate the current lag time in re-cntry from paper reporling, and it can and should also mandate oood identification practices as a scandard. These steps will speed up ide.nti(ication and the potential rcturn of many personal belongings. Spokane County recently adopted an amended ordinance regarding licensing and mandatory reporting (copy attached). "['here is one major mandate missing in this example af an amended ordinance, ancl that is an absolute requir.ement f-or all businesses engaged in taking property in pawn or trade to report elcctronically. The Sheriff's office ~ ! has an establishcd means of electronic reporting, which it maintains on its website. Staff would request that our Iocal ordinance eliminate the eaisting loophole :for nnn-electronic . reporting. The current County Code (7.04.030) requires a busincss to pay a license fe€ of ' $50.00 (fifty dollars) if that business reports in the clectronic f'ormal, and double that fee ~"$100.00 (one hundred dollars) if the business chooses the older papee and facsimile form of reporting. Staff would request council td consider absolute electronic reporting as the mandatory fonn of reportulg the daily trausactions. One other noted omission from the code would be in (7.04.040) which requires a gcneral description and physical attributes of the person with whom the transaction is conducted. Staff would recommend that somc form of photographic identif cation also bc cnandatory in orcler to complete a trausaction. Staff would request any council eommcnt or input in preparation of a fnrinal orciinanec to come before the council at a fiiture date. ~ . i Cliapter 7.04 ~ PA WNI3ROICERS * Seetions: 7.04.010 Pawnbroker dcfined. 7.04.020 Licensc rcquired--Age restriction. 7.04.030 License--Fee--Tssuance. 7.04.040 Records--R.equired--Coritents. 7.04.050 R.ecords-4rispecl:ion--1 ime for maintenance. 7.04.060 Ttecords-- I`o bc furniShed to county sheriff. 7.04.070 Pawn tickees. 7.04.080 Tuiie I'unit before salc. 7.04.090 Sheriif's deParfiment du[ies. 7.04.095 PwNribrokers duties regarding losi or siolen items. 7.04,100 1"imc for holding proPerty heFore sale. 7.04.110 License applic:ation--Accoiupauying doci,unents. 7.04.120 Ivlisdecneannrs described. 7.04.130 OfCenses conmutted prior to cffectivc date Qf ordinance codified herein. 7.04.140 Cirace period. *1'rior resolution history: Res. 70-531; R.es. 53-151. For the statutory provisions regard'uig pauqibrokers; sec RCW 19.60.010 et seq. 7.04.010 Pawnbroker def ned. A"pamibroker" as used herein is any pcrson, association or corporation engageci, in whole or ui part in the business of loaning money an the securit}, of pledges, depasiis or conditional salcs of personal property. (Res. 04-0887 (part); 2004; Res. 04-0841 (part), 2004) 7.04.020 License required--Age restriction. It is unlawful f.or any person, assoeiation or corporation to operatc as a pa,,vnbroker without first obtaining a license pursuant to the provisions ofthis chapter; provided tllat, no such license shall be gran[ed or issued to any person under the age pf eighteen years or to aiiy association or carpUracion whose managing agcnt is uncler the aDe of eigliteen years. (Res. 04-0887 (part), 2404; Res. 04-0841 (part), 2004) 7.04.030 License--Fee--lssuance. The fee for the license required of every persqn, association or corporation operating as a pawnbroker ui the county of Spokane shall be fifty dollars if the pawnbroker transmits records of lransactions electronically or one hundred dollars if other means are utilized including facsimile for each year or part thercof, and said license shall expire on Taec:ember 31st of the year issucd. Yawnhrokers' licenses shall be issued by the Spokane County auditor. (Res. 04-0887 (part), 2004; R.es. 04-0841 (part); 2004) Page 1 of 5 7.04.040 Records--Rcq uired--Contents. It shall be the duty of every pawnbroker doulg business in the c4untv 41`' Spol:ane ` ; to mainiain at his place of business a book or other pennanent record in which shall be legibly writien in the Lnglish language, at the time of each ]oan, purchase or sale, a record thereof containing: (i) Thc date of the transaction; (2) The namc of the person or emplpyee conducting the same; The name, age; strcet and house nun,ber, ancl a general descripticm Uf'the height, weight, color of hair and eyes of the person with whom the transaction is had; (4) `['hc name and street and house number, of the owner of the property bougF►t or received in pleclge; (5) 'I'he street and house number of the placc from which the propert_y bought or received in pledge was last removed; (6) A description of the propcrty bought or received in pledge, '.01_ich in the case of waxches shall cantain the name of the maker and the nuinber of both tbe works and the case, and in the case of jewclry; shall Gontain a description of all letters ancl marks inscribed thereon; and in the case of all other pcrsonal propcrty the serial number of all articles so rnarked and any inscriptions or identifi,ing marks; as well as the brand or manufacturer's namc; (7) The amount of moncy loaned or paid for the property; (8) The number of any pawn ticket issued therefor. (17cs. 04-0887 (part), 2004; Res. 04-0841 (part), 2004) 7.44.050 Ftecords--Tnspection--Time for maintenance. i Such record, and all goods receivecl, shall at all times during the ordinary hours af business, or af reasonable times if ordlllary hnurs of business are not kept, be open to the inspec•tion of the prosccuting authority of the state and county, or asiy representative diereof, or of any peace of[icer thereof. Said records shall be iiiaintained and kcpt available for inspection by the lice•nsee for a period of three years from the date of the last transaction recorded thcrcin. (Res. 04-08$7 (part), 2004; Res. 04-0841 (part), 2004) 7.04.050 7.04.060 R.ecoeds--To be furnished to county sheriff. It shall be the duty of every person, association, or corporation regulated by this chapter, to furnish a full, true, and cdrrect cranscript of the rccorcl of lransactians conducted on the preceding day. These iransactions shall be recarcled on such Panns as ma}, be provided and in such I'ormat as may be rcquirecl by the sheriff of SPokane Couuty. "1'his inforniation inay be, transmitted to the sheriff of Spokane County eleciranically, by facsiinile transmission, or by modem or sirnilar device, or by delivery of computer disk subject to the requiremcnts of or approval by, the shcriff of Spakane Counhr. (Rcs. 04-0887 (part), 2004; R.es. 04-0841 (part), 2004) . ; Pagc 2 or 5 ~ 7.04.070 Pawn ticl:ets. Every Pawnbroker shall issue numbercd pawn tickets For any property rcceived by him as a pledge ar security for a Ioan, which ticket shaU be considereti a receipt for such praperty. `1'ags shall be attached to all such property, and upon each rag shall be written in legible figures a number which shall correspond to the number on the pawn ticket issuecl for said property. (R.es. 04-08$7 (part), 2004; Res. 04-0841 (part), 2004} 7.04.080 Time linul beFore sale. No pawnbroker shall sell any propcrty held by him as security for a loan until ninety days have expired from the time the period of redemption has capired. (Res. 04- 0887 (pari), 2004; Res. 04-0841 (part); 2004) 7.04.090 Sllerifrs department duties. It shall be ttie duty of the Spokane County sheriffs dcpartment to furnish training to each pawnbroker, a copy o!' the ordinance codified in this chapter and such forms and/or transmittal requll•ements as shall be required by the sheriff of Spokanc County uuder Section 7.04.060. The Spokane Cotuit}, sherifPs deparcment shall enforcc the provisions of this chapter, and maincain a record of all reports required hereunder, and shall periodically inspect the records by each pawnbroker. (TZes. 04-0887 (parl), 2004; Res. 04-0841 (part), 2004) 7.04.095 Pa~Nmbrol:ers duties regard'uig lost or stolen items. (a) 17uty to Hold When adviscd. Following verbal or written notification from the Spokane Coiuity sher.ifFs department or odier law enforcement aDency ihat an item of property has becn reported as stolen, the pawnbroker shall hold that property intact aild safe &nm altcration, damage, or c:oi-nmingling with othcr property. "1"he pawmbroker shall immecliaicly place an identifying tag or other suitablc identification upon the property so held. Propert}, under verbal hold shall not be released for twenty- one days from the date of notification by the applicable lav', enforcement agency. Yropercy under a written hold shall not be released for one hundred tweiity days from the date of notification from the applicable law enforcement agency unless released by written consent of the applicablc law eriforcement agenc}, or by order of a court of competent jurisdictian. (b) Time Limit of Written Hold. The pawnbroker or sccond-hand dealer tnay givc a twenty-day written notice before the eapiration n-fthe Qne hundred twenty-day holding period to the aPplicablc law enforcement agenc.y requesting release of the stolen property. lf said notice is nat received withiii riw-enty days by the applicable law enCorcemenf agency, then the wTitten hold on the property shall continue. For an additic'mal ane hLlndred riwenty days. (c) Renewal of Hold. The Spokane County sheriff s deparCinent or o[her applicable law enforccmcnt agency may renew the written hold pcriod for additional one hundred twenty-day periocls as necessary. After the receipt of vlritten request or release a.f property from a pawmbrokcr, if an additional holding period is required, the Spolcane County sheriff's department or other law enforcement agency shall give the pawnUroker written notice, prior to the expirati4n of the existirig hold order. Pagc 3 of 5 (cl) Criteria for I-Iold. The Spokanc County sheriff's departinent shall noi place a hold an any item unless it suspects that 5uch item is lost or stoleil. Any hold that ; is placed on an item will bc reinoved as soon as praclicable after the item on hold is detcrmined not to be scolen or lost. (c) Sheriff Seizure in lieu of Yolice rlold. In lieu of a law enforcemenc hold identi[ied in this section, any law enforeement officer, having probable cause to believe that any prapcrty taken by apawribroker by way of pledge, or purchase, or pawn pr exchange is siolcn properiy, may seize such item at any time. In the event of such a seizure, the pawnbrolccr or second-hand dealer shall be cntitlcd to NN7ittcn receipt for the itcm from the seizing officer. (Rcs. 04-0887 (part), 2004; Res. 04-0841 (part), 2004) 7.04.100 'I'imc for hold'ulg property before sale. Every Patitimbroker who receives persona] property in pledge or ds security for a loan, shall hold such prcaperty for redemption by tlle pledgnr khereof for ninety days aFter the rcceipt of said property, and shall not scll or assign lus urterest therei.n durine said redcmption period. (ites. 04-0887 (part), 2004; Res. 04-0841 (part), 2004) 7.04.100 7.04.110 License application--AccUmpar►ying documents. The aliplication for a pawnbroker's license sball be accompanied by the form af the agreeilient to be signed by the persons seeking loans, accoinpacuecl with a photo of the applicani and also by a copy of the certi_ficate nr cicket to be issued by the pawnbroker to persons accepting loans, and in addition to the provisions of tliis chapter, every applica,ni for a pawnbroker's license shall comply with and be bound by the provisions of any othcr orclinance or provision of law not in conilict with this chapter and the general laws of the state of Washington. (Res. 0408$7 (part), 2004; Res. 04-0541 (part); 2004) 7.04.120 Misdemeanors described. Fvery pawnbroker aud every clerk, agent or employee of such pavvnbroker who shall ; (1) rail to make an entry of any matcrial matter in his book or record kept as provided for in tliis chapter; or (2) Make an}, false entry therein; ar (3) Falsif}7, obliterate, des[ray or remove from his place o1'business such book or record for three years following the ciate of the last recorded transaction therein; or (4) Refuse to allow the prosecuting authority of the statc or county or his authorized representative, or any peacc officer thereof, to uispect the saine, or any goods i.n h.is possession, during the ordinary hours of business; or. (5) Report an}, malerial matter falsEly to the shcriff of Spokanc Caunn; or (6) Having forms provided therefor, shall fail before noon of each day to furnish the sheriff of Spokaue County with a full, true and correcl iranscript of the record of all transactions had on the previous day (it being the intent of this section that Saturday's business may be rcported on Mondzy); or (7) Fail to report forthwilh lo the sherifTof Spokane County the possession of aiiy prnpe.rty whieh he may have good cause to believe bas been lost or stolen, together with the name of the ovoler, i f known, and the date whcn, and in the namc of the pcrson _ whom the same was received by hirn; or Page 4 of 5 cxcept (S) Remove, or allo~~ tp l~e removed from his ~~lace pi' l~usiness; upon redcmption by the owners therenf, any propert), received, during the redemption period as provided berein and/or for five days following thc time the receipt thereof shall have been reported to the sheriff of Spokane County; or (9) Receive any property from any person under the age of eighleen years; anv cominan tlrunkard, any l,abitual uscr of narcotic drugs, any habitual criminal, any person in an intosicatecl conditiUn, any known tluef or receiver of stolen property, whethcr such person is actiug in his owm behalf or as the agent of anothcr; or (10) Violate any provisions of this chapter or other ordinance of thc county of Spol:ane having applicalion to the business nr persons herein regulated; is guilty of a misdemeanar. (Res. 04-0887 (part), 2004; Res. 04-4841 (part), 2004) 7.04.130 Offenses committed prior to effectiv,e date of ordinance codified herein. Notlung eontained 'ui any provision of tfus chapter shall apply to any act done or . omitied or to an ofI'ense coriunitted at any time before the day wben che ordinance codifed herE.in becomes eff-ective. Such act or nmission shall be governed by, and any such offense shall be punished according to the provisions of the ordinances and sections thereof existing when such act, omission or offense occurred in the sarne manner as i f the ordinatice codified herein had not been enactEd. (Res. 04-0887 (part), 2004; Res. 04-0841 (part), 2004) 7.04.140 Grace period. There shall be a six-month grace periad beginning at the effective date of the ord'ulance coeiified in this chapter, during which tune no punitive action will be taken against pawibrnker violating tlus chaPter; provided, the sheriff may require and cnforce the penalty Section 7.04.120 against pawnbraker for failing to provide records of transaciions as requi.red by Section 7.04.060. (Res. 04-0$87 (part), 2004; Res. 04-0841 (Part), 2004) l l i Puge 5 of5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 11, 2004 City Manager Sign-off: (tem: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Withdrawal of an area-wide rezone petition. GOVERNING LEGISLATION: Spokane Valley Municipal Code § 10.30.060 (adopting by reference Chapters 14.100 through 14.800 of the Spokane Counfiy Zoning Code as the interim zoning code of the City of Spokane Valley). PREVIOUS COUNCIL ACTION TAKEN: September 23, 2004 - Public hearing on the Greenacres area-wvide rezone request. BACKGROUND: A request was made, via petition (as required by the Spokane Valley Zoning Code), that an area-wide rezone of the Greenacres area be considered. Now, a request has been made to % withdraw that petition,, bringing into question the authority of a petition proponent to withdraw a petition once consideration of the petition's stated request has been started. OPTIONS: RECOMMENDED ACTION OR MOTION; BUDGETlFINANCIAL IAIIPACTS: STAFF CONTACTS: Cary P. Driskell, Deputy City Attorney; Scott Kuhta, Senior Planner; Joshua J. Leonard, Legal Intern. ATTACHMENTS: Legal Memorandum on the authorify to withdraw an area-wide rezone petition. ~ S0Crrv~ok:ane Va11ey _ 11707 E Sprague Ave Suite 106 ♦ Spokane Valley V'/A 99206 509.921. 1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Cary Driskell, Deputy City Attomey; Nina Regor, Deputy City Manager From: Joshua Leonard, Legal Intern Date: January 3, 2005 Re: Withdrawal of an area-wide rezone petition. A rcquest was made, via petition (as required by the Spokane Valley 7qning Code), that an aa-ea-wide rezonc of the Greenacres area be considered. Now, a requcst has bccn made to withdraw lhat petition, bringuig into question the authoriry_ of a petition proponcnt to withdraw a petition oncc consideration or the petiiion's statcd request has been started. Spokane Valley adoptect Chaptcrs 14.100 through 14.800 of the Spokane Count}, Zoiung Code (SCZC) as the interim zonins code of the Cit}, of Spokane. Valley.' Sectinn 14.402.1 00 of the SCZC contains the procedures for iniciating eonsideration of a change to the zonine map. One of ttie pennissible ways to iniiiate the zotung map change prncess is the filing or a petition.2 The petition musi: (1) represent "an intent to area-wide/block 7one;" (2) be submitted, "siened by fifty-one percent (51%) of the nuniber of property owners within thc area that is sought tQ be reclassified;" (3) seek a zone classification "tllat is consistent with and will i.rtiplement tlie Comprehensive Plan Cateeory on tlle Future T and Use Plan;" and (4) seek azone change that would come before the Commission for a public hearing with a recoitunendation forvvarcled to the Board [City Council]. The Board (City Council], after public hearing, may adopt such area- wide/block zone change by resolution or may reject i1."3 1"hc SCZC (as adopted by the SVMC) does not contain any information speci fyin ; t1le manner in which an area-wide rezone pe[ition is lo be cletermined sufficient.4 State law is also silcnt on the matter, leaving specific procedurc to be determined by local jurisdictions. 1n ihe case of the Greenacres area-wide rezonc petition, Scnior Ylanner Scott Kuhta verified the signatures contained in khe peiilion and their respective parcel numbers against the parcel , ~ Spo4:ane Valley Municipal Code (SVMC) § 10.30.060. ` Spokanc County Zoning Code (SCZC) § 14.402.100(4). 3 SC'LC 14A02.100(4) (a)-(d). °"Sufficicncy" of the petition refers to (1) the required number of sie►tatures; and (2) the proper forni of [he petitioii. Page i of 2 numbcrs provicied by the county assessor ta decermine that the petition met the 51 % requirement. Tlie other sufficiericy requirements were likewise verifed by Mr. Kuhta, and the pecition was detennuied stdficient to initiate c;onsideration of the area-wide re7ane. A public hearing on the issue pf the area-wide rezone was hcld on September 23, 2004. No information is provided in eittier the SVMC pr lhe. SCZC (as acioptcd by the SVMC) regard'uig the authority or ability af proponents of an area-wide rezane petition to withdraw the petition. I spoke widi Pat Mason, a Municipal Research and Services Center of Washington (MIZSC) Legal Consultant, about an analogy to the case of petitions submitted by proponents of an initiativc or referenclum; bui initiative and referendum petilions are governed by state siatute, making the analogy ineffectivc.' For an area-wicie rezone petition ta be considered; it must contain the signatures of 5 1 % of the landowners thal wpuld be affected by the rezone, if approved by the City Council. lZeasoned analysis of the requirements for sufficiency of an area-wicle rezone peiition illuminates the following proccdure for withdrawal of the petition: pnce the frst petition as been determined sufficient, and especially once the process af the rezone called for in the petition is set ui motion; the meth4d for withdrawing the petitian, effectively halting the process; is that a new petition must be submiteed for filing by the former prpPcments af the original petition for an area-wide rezone. Thc new petition must bear the signatures of 51 % of the lando«+ners tllat would bc affected by the rezoiie if ii wa.s approved by the City Council, but the signatures on the vvithdrawal petition may onl}° be drawn from the pool of those who signed the original petition (the petition that initialed the process of considering the rezone in the first place). 'T'hercforc, if the original petition was signed by 75 of 100 lanciowners who would be affected by the rezone if it was approved by the City Council, the wilhdrawal petidon Woilld need co be signed by 51 of the 100 huidowners, but those 51 signatures musi also appear on the ariginal petition. In conelusion, a pelieicm to conuneilee consideration of an area-wicle rezone may be wilhdraNNql unilaterally by the prnpbnents of the petition up to the time the pctition's determination of sufficicncy is commenced. VVithdrawal of the petition af~ter detenniilation or the petition's sufi~'iciency has begun is only available as outlined above. 5 Email from Pat Ivtason, MKSC I.egal Consuttant, 12r)0/2004 Page 2 oi 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-11-05 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislaUon AGENDA ITEM TITLE : Wendy Acosta, Youth Involvement Coordinator for the Chase Youth Advisory Council 1GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Wendy Acosta will introduce herself and explain a little about the Youth Advisory r~~1 Council. OPTIONS: RECOMAAENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS S06Yane ,;oo*Va11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Vatley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ ciryhall@spokanevalley.org Memorandum To: David Mercier, City Manager and Members of Council From: Nina Regor, Deputy City Manager Date: January 11, 2005 Re: MeEting Public Information and Education Needs Fven thougtl Spolcane Valley is a vcry young city, we have been involved in many proiects and activities for which we would have liked greater public awareness or involvement. The City does not have a dedicated public information oiEicer, nor does it have funding allocatcd for public information, except on a projec.t-specific basis. City einployees incorporate basic public information responsibilities into thcir overall project management, and City Council members work independently to achieve Council public involvement aims. ~ 1"his memo provides background infonnation; and describes a few patential approaches to meei the City's public information and education needs. Communicatinns Transitinn Cominittee The topic of communications was assigned to a transition coiYUriittee upon incorporation. Thc 'I'ransition Committee for Conununications reconunended a Conununications F'lar► he cieveloped so that the new Cit}, eould forge a strong relaiionship with the conununity it serves. 1"he Committee's statcd goals of a communications program are to: • Incretsse awareiiess, undcrstanding and participation of the citizens of Spokane Valley in City govcrnment goals and aciivities; • l3uild community pridE among citizens and Positive idcntificalion with l.heir home city; • Enhance community c.onficlence in local government and its ot7'icials - elected and appouited; • Breal: down feelings of we-they beriveen City government and the residents of Spokane Valley; • Tncrease awareness, understanding and participatian of City employEES 111 1:IlE g0aI5 and activities ot'the City; • Build corporale pride Funong employees and positive identification with City govern.menC as a whole; `l Meeting Public [nformation and Fducalion Nceds, continued Page 2 of 3 Januar}' 11, 2005 • Develop betier relationships with lhe news media to enable them to bc ttivo-way ' communicators bctwcen City government anci its target publics; • Eneourage and facilitate two-way communication as a corporate cocrununications philnsophy, and provide the tools, training anci methods neccssary to be successful; and • Support a custpmer-oriented approach to publi.c service delivery th.r.ough implementation of high-profile; employee-driven customer care programs that provide training, guidelines and ongoing evaluation of Ciey service delivery, and cclebrate the accomplishments of employecs. The Commil-tee also recommendcd a Commuuications Departtnent for the City; in order to provide leadership and expertise. However, the Committee clid not rceommend an organizational struchue for tlie Department or a speci.f.ic statfing level. Public T.nfc►rmrltion Activities Followuiii are some representative samples of public information activities, which could be carried out by a public relations fu-m, by an uidividual contractor or by a City cmployee. They are taken from job descriptions of various local goveriunetit public information officers in Washington, anci are nQt in any particular order. • Advise City Manager; senior management and City Council on public informakion pAlicies and issuES; • Plan, develop, coordinate and produce public information products, including brochures; fact sheets, news releases, audio/visual programs; official newsletter, web sile and other informational, educational and promotional macerials; • 17cvelop and impleinent strategic comrnunication plan to inerease citizen awareness of City programs; and citiren participation in City's decision-iliaking proeess; • Manage the dissemination of prompt, accurate eniergency public information duruig emergency and disaster situations • Serve as a corporate source of information about the City Not all of the items may be appropriate for Spokane Valley, and there may be svme irnportaiit items that should be added. 1-lowever, if the Cit)r decides io move forward with a public information plan, the above list could provide a foundation for a scope of work Public Information Providers There are threc basic catcgories of professiona] public uiformation proviciers: a public relatinns/marketing Crni; an individual contractor or a City employee. Staff has not done an in-depth azialysis of the costs of each; however; following is an initial estimate, along with pros and cons of Ihc three categories. P]ease iiote that the estimates do not include the cost of ; ; Meetinfi Public lnformation and Education Neecls, contiuucd Page 3 of 3 .January 11, 2005 ~ ~ materials; supplies and services, such as printing or publishing. The City wotild incur those costs regardlcss of the provider. .1'ublic relnlions/fnarketingfirm. A FRlmarketing firm offers a pool of professional staff, with a variety of skills to draw froui. Howevcr, Spokane Valley may be a"small fish vi a big pond," and the City's account may not be a high priority. Depcnding uppn the firm's targeted client base; ecanflicts ot' interest tna}° arise. Contracts could be set tap on a projecl basis; a retainer basis, or an hourl}, rate basis. The City could expect to pay arouncl $75 - $175 per hour, depending upon the tasl:. A lower hourl}° rate uiay bc ilegolidted if the City is using a project or a reiainer basis. Iirclividua! Contrnctor. An individual conkractor provides profcssiondl skills and eapcrience. He or she may not have the complete sl:ill set offered hy a PR firni, and subconiracting may be an option for arcas outside the person's exnertise. An individual concractor ma}1 havc eapcrience more directly applicable to a public sector environment, which would be he.lpFul if the City is looking for general advice and counsel in addition to projcct-speci_6c work. An uiclividual contractor likely has a smdller client base than a P17 firm, so llie City's account is lik-ely to be a higher priority. Depending upon his/her other clie.nts, conflicts of interest may arise. Cantracts could be set up on a projcct basis, a retainer basis, or an hourly rate basis. Staff doesn't have an estimated cosi for an individual contractor, but the hourly rate is likcly to be less than a Public Relations/M.arketing Pu-m. City EmPloyee. The Cit), employee and individual contractor approaches are suiular. Perhaps the biggest difference is thal an employee's worlc time woulci be_ dedicatcd to the City, so conflict of interest would iiot be an issue. Staf f's initial estimate of a P10 Salary is about $50,000 per year for a fiill-time employee. The additional cosis of an einployce; such as mediGal insurancc and other bene fits a.nd roll-ups, come io about 30%. This would bruig the total estimated cost to around $65,000. However, ainore complete analysis is needcd. Otlicr Considerations If the City Council would like to proceed with a public information approach, there are other considerations as well. Amounl of Work. The City has enough public information aud education need to employ a full-time 1'ublic Informacion Of.ficer, or to contract with an individual or ageucy for that equivalent amount of wnrk. To the cxtent thal the City Council wishes to take a phased approach, the work plan would need to be carefully prioritized. Budget lirtpact. Aproposed budget amendment would bc included as part of the packagc. First Steps. The Cicy would issuE a Request for Qualifications as the first step in selecting a public relations firm or indiviclual contractor. The first step to luring an employec would be to develop a job description and place the position nn the City's classification plan. Spokane County I ibrary District Spokane Valley Library Services and District Support Report to the CiEy of Spokane Valley November 2004 Customer use measures District-~Nride in the posit-ive column, Internet bookings are up 8% over last year-to-date, [ibrary visits are up 4%, and circulation is up 1%. blrhile the number of progxazns/graup visits is 2% lugher, the attendanc€ is dnwn 1%. Contuluulg a trend thal• began earlier i,n tihe year, the rcference inquiry drop is lessen.ing, changing from - 9.4% last mnnth to - 7.1 % this month. The use of our online materials renewal option is strang,, at 89,562 items so far this year, a 72 io i.ncrease over 2003. fflhile onl.ine rEnewals don't inlpact total District circulation figures, they cia reduce individual branch totaLs sinee the activity would otherwise take place through a library. For example, if online renewals were done at the same ratios as in-library circuladon, Valley Library's 2004 ycar-to-date total would be 5"/o higher than it is. A multi-month database purse of long-overduc matrrials and uncollected fees, as well as inactive customer acCOUnI•s, combi.ned with a change to monthly patron account purges rather than an irregular schEdulc, results in somewllat skewed comparative staListics for r€gistcred eustomers. This wil,l continue ko be the case through most of next year, until next fall when the comparisons will bc ~ based on n-tantflly dalabase clean-ups. Another tethnieal issuc with the deletion oE ia-iactive accounts is that many customers use their library card only for ]nternet access, which isn't loaged as activity in the SIRSI integrated library system. Therefore, these customers will find that their cards won't work nd c~~il] need to reaclivate thern. Unforhu~~tel}~, there's nothing that can be done about this a incanveiuence since they're two different sofiwarc programs. For the three libraries most used by Spakane Valley residents, customer use measures cantinue to be mixed, and conrinue to be impacted by the loss of Cit}, of Liberty Lake customers. In measures where year-to-date use is loiver than 2003, the rate of decline has lessened throughout the yeax. At Valley, for exa.mple, November circulation is aCtually up 4.2% from November 2003. Selected November 2004 Statistics Circulation Door cotmt Reference Program Internet Ln uiries Attenda.nce F3ookin s YTD YTD ta Y'1`D 1'TD to YTD YTD to YI'l) YTD lo YTD YTD to 2003 2003 2003 • 2003 2003 Total SCLD 1,697,630 i•1.0% 834,280 +3.6 ro 228,161 -7.1 % 49,113 - 0.8% 169,146 +8.3 % Va.lle y 481,557 -4.8% 231,758 -3.5% 72,775 -10.9M 11,054 +0.8% 55,269 +4.1%, Ar onne 111,986 -2.9°b 71,974 +3.9% 10,370 -12.3% 1,991 -7.3°ro 12,857 +2,9% Otis 90,076 -'11.9°l0 44,450 -12.4p 7,050 -39.4% 2,018 -35.0°!0 7,863 +0.4i'o Subtotal 683,619 -5.5% 348,182 -3.39b 90,795 -14.2ro 15,513 -6.9°i, 75,989 {'3.5°ib ~/o SCLD 40.3,So' 41.7% 39.5°iu 31.6% - 44,9 °,ro 1'age 1 of 5 Navember RegisherEd Customers by Branch of RegistratiQn 2004 Total % of SCLD YTD Change "/o Aciult °/u Youth from 2003 Total 98,881 -6.3% 724b 28% sci.u Valle 33,625 34A°fo -$.5°ni 76°fi 24% Argonne 8,983 9.1 i6 -9.4 % 76% 24% ONs 5,268 5.3% -15.8% 66% 34i6 Subtotal 47,876 48.4°'~ -10.5,''c~ At branches serving Spokane Valley residents... Regional Sunlmary (EIlen 1Yliller, regional rnanager): 1n spite of the preoccupation with Spakane Valley liUrary serviees during November, it's vEr}, i.mpressive ta review all the "normal" tivork that was done during the month: increased cisculation, a variety of children's programming, materials cnllection weedi_ng, and various speGial projects. A huge tl1anl: you gocs to all the staff -.1,ho kepl• focused on the customer service prinrities during tlle month, as they do every month. Tnformation services/Adult services (Karen Byrne, regional supervisor): It was a fairly routine month for adult services. Work was done on displays a.nd small Uusiness collection issues. Karen made arrangements for 5poka_ne Neighborhood Action Prograni s Microenterprise i7evelopment Program to mcet at the Valley Library in ja.nuary. Conversahons about possible partrlering are ongaing. She aLso attended the r'1I IA\jA 5ma.1,1 Business workshop at the Valley Chamber on \lov 9 and Nov 30. Gail Tanner did a Market TZesearch and the Library progranl on t11e 30th. Xouth Services (Mary EIlen Braks, regional supervisor): Mary Eilen reported thaY she did storydme trainulg with four staff, one of whom "ofticially" completed her tiraining. lh'eeding ar►d ordEring replacement slowed to allow some catch up ti.me. There were nicc sizc crowds at the November A.fter Scllool Special, in tirluch the kids made mosaic turkeys. A]so on the turkey theme, the Childreri s Book Week program was makulg a flannel board for "The Five Little Turkeys." Two Narth Spokane staff observed the Bab}° Lapsit storytime in prepararion far adding one there. Vatley (F1len 1YIiIler, regional manager): Circulation was up 4.2"/0 over the previous November, a.ltihough it's still dowm from last year at this time. "1'hus far this year, 18,544 new books and audio- visual items have been added to Valley's materials collECtion,10,700 adult and 7,844 youth. This comprises 27°,6 of the tota167,744 iten-is addetl District-w:ide so Far this year and means that alnlost 20% of Valley's baoks and audio-visual items are less tha_n one year old. Special activiHes dtu'i.ng the inonth included weedi,ng and cleanulg the basement matcriaLs storage roonl; pagc hiring, tTaining, and supervision; and shifting the non-fictian 3nd magazine sorting upstairs far better wArkflow. We are re-evaluating each day looking for ways to make the process move mare smoothly. Youth services supervisar Mary L-llen Braks went to Broadway Elementary to g-ivc library car.ds to the 4th and 5t•h gTaders, reporting that it was a lot of fun. "I'v~ even seen a few of the kids in since l•hen." A,nd, with informational pickets outside and faet sheets inside the library, there was heightened ' public awareness of how rnuch Valley Library means to its users. - Page 2 of 5 Argaitrie (j:idy Luck, bratrch supervisor): Novenlber was the month u1 which the impossiUlt fulally ~ happened - the Ai•gonne briclge was finishcd ancl opened t4 four lanes of haffic, inuch to the plc-asure df custonlers who live south of the river. [.n the display case, we featured children s books ahoul• Max a.nd Ruby books by Rosemary 6llells, along with little lvlax dolls. On the tablc opposite the circulation dcsk, we featured books on craFts and on the free-stancling display rack it was staf.f favorites on one side and all l:inds af books pei•taining to the fall season on the odlcr. Satzuday com.mun.ily use of the parking lot includecl a huge group of Centennial Trail walkers and Boy Scouts using the parking lot as a pickup point for thcir faod cii•ive. Otis Orclusrds (Bev Bergstratti, brariclr srrpervisnr): Weeding co.ntinued in thc, non-fiction and childreri s collections. Last month Bev hclped a customer find plans for making a judge's gavcl; this rnonth he hrought i.n the gavel he'd made, ver}° appreciative of the seivice we gave. A proctored student brought in a planh for the library tio express her appreciadon of the service. Outreach (Ar:nette Eberleirz, srepervisar): Outr•cach provided stoiyti.mes and boak deposits ta 32 child care groups and browsing and deposits to forty-one adult facilities District-wide. Two new, facilities were added. Six c.hilcicare packets were updated and prepared with holiday dlemes. 100 large pri.nt titles were selccted and transferred to branches to update their collections. Work is underway to update Outreach brochures and the quarterly newsletter. The VallEy infoi-nladon services sta.Ef will have an opportuluty in December to view hov,, outreach services arc provided outside the sl'andard branch service as they will be spending a hal.f day out with an Outreach infnrmation specialisl maki.ng baok deliveries. Quote from one o.f our Outreach senior customers: "I'm too lazy to be reskless." Friends of the Library t~> Ainvay Heights: The Friends made plans for a December 4 book sale. ~Moran 1'rairie: Friends approved the audiavisual Cnhancements that they are provicli.ng for the new building so that the}' can Ue incorporated intio the bid documents. Otis Orchards: Friends purchased and installed a new boakcase for their sale items, more than cloubling what can be displayed. Friends aJso had a photo session with a tn.other and child in our new chair-and-a-halE. Plans are also under way to get the danut table seah re-upholstered. Valley: Friends continued to meet to makc plans fAr tl-ie coining year, including colleeting materials for a fundfraising book sale. • • Library materials 5,948 items wcre processed and disti-ibul•ed in Novembcr, moving us 9.6°ro ahead of the total for 2003, and more items werc acidcd than discarded (adds = 5,948, discards = 4,253). 799 titles and 2,150 Copies were orde.red, many fcwer thar1 most nlonths, due to budget uncertainries. An adult booklist templatE was created to aclueve a standaxd "look" for our booklists. A"Classic Reads" list was created for Uecember distribution and two Qthers, "Cat Lovers Guide to Good rZeads" and "Dog Persoil's [7eadi,ng L'tst" were prcparcd for January distribution. Lyn allocatecl the 2005 rnaterials budget ($860,000), with additiona] funds going tn adult areas idenkified as enlphases: materials tp support small businesscs, audioboo.ks, largE print for branches, and_ replacements. Fage 3 of 5 Programming Youth serviecs coordinator Tholn Barthelmess held aMake 8. Takc workshop for bra.nch staff at - which they made snow-g1Qbe displays. He and regional youth services supervisors planned lhe nitty-gritty details of dle After-School Specials for 2005. Information Literacy programs (Intcrnet 101,102, Cataiog) were scheduled For January. Lyn arranged fly-iying pragrams For North Spokane and Va11ey for February. There will be no adult book or current issue programs in January. Technical Services The musiC CD processing methad changed to climinat'e tl-ie nEtd to delete and replace barcode5 wlien repl.acing cases in CS aiZd the branches. Ncw circular labels for the CDs and olhers for thc cassettes will eli.ma.nate the need to writE barcodes an each item's label, thus saving time a.nd the expense of the spccial pens, and making tl-ie labels look mare professional. Intezlibrary loan WE lent 659 items to other liUraries and borrowed 273 items for our custonners. OthEr Youth serviees coordinator Thom Barthelmess talked to an E4VU children's I,it class about his expericnce on the Ncwbery Committce and to the SFCC librarp technician class about collect7on development•, selechon, weeding, and intelleclual freedam. . O Annual Auclit The audit exit briefi.ng was completed with n4 findings or recammcndations presented by the StatE Auditor's Office. 7'he final report will be published i.n Decembcr. This conti.nu.es the District's long histary of "c]ean" audits, re[lecting thc staff's cornmitmcnt to establ.ishung and following appropriate financial procedures. Moran Prairie project design The fu1a1 com.munity opEn house for tl-ie new Moran Prairie UiUrary plans was held in the library on Navember 9. Customers were very pleased to see tl-ie plans. 1Nork continueci throughout the month on canstruction document details. Board of Trustees approval of constructian daruments a.nd bid authorization is scheduled for Deceinber 21. The Baard of County Cominissioners, acting as the lva:oran Prairie Library Capital Tacility E1rea Baard, adopted the 2005 MPLCFA Uudget and set the first debt service propcrty tax levy. iVliscellaneous ■ jNe've now begun month.ly dataUase purges of u.npaid fecs and long• overdue materials. The total rEmauvng From Octoher 2001 vvas $6,174.23: $3,169.78 in unpaid lees and 228 l.ibrary matErials with a value of $3,004.45. • I submitred i,nf4rmation to the Boundary Review Board an the unpaet on library senvices and to the District of two proposed arulexations, one by the City of Liberty Lake east of the Spokane Valley city li.m,its, 3nd the okher i.n the Moran I'rairie area. • I chaired the NovembEr 12 W1.A legiSlative planning committee mcetulg and tl-ie 1\ovember 1.7 WLA 2005 con(erence committee meeting. Page 4 of 5 ~ • • : O • Coprdinated and attended the final Mnrmi Prairie design development open house. • Rcspondcd to print and broadcast media i.nquuics rcgarding Spokane Valley library services. • Worked with iPowerPlant 1nd design team on Web site redesign. ■ DraFled WLf12005 Conference registradon packel materials, includuzg registrat7on form Eu1d program broehurc. ■ J:n graph.ics, worked an c-reating booklist templales and coordinated joint cllildren's bookma-rks to be included in KI'BX concert scries gift bags (with Spaka.ne Public Library)• HUMAN ' O : • 1+ltork continued on testing thE new Human I`Zesources Information System {NI2[S) software. •We will be sending out W-4 forms as well as the emplQyee data sheet to update employee information for Uoth payroll and HR files. In addition, we ivil] be se.nding out thE federally recJuired aiuiu11 notice for the Women's 1-Iealth and Cancer Rights Act, and COBRA. • The classification and compensaHon study final report was rece.ived. • Paul was elected as vice-Ghair of the Washington Cdunties Insuxance Pool for 2005 and will be chair in 2006. INFORMATION • O ' •Work cont7.nued on the WVeb site redesign, ivith the site map fi.nalized and contract signed. ■ Aftcr design and testing, the new soft-ware station uzstallation began, with all branches to be completed by the end of December. ■ The Exchange server installation occurred with little inconvenience to shaff. t A ' • Planning was completed far the Collcctian Services phase of the Admi.nisti•atian Offices re- carpeting and painting project, with the work ta wrap up by Iaecember 19th. ■ Maintenance coordinator Dave John$on coordinated 2004-2005 snowseason snaw removal and de-icing plans with cantractars. ■ The 2004 inventory of controlled assets was campleted, with on.(y hwo missing items: old printers that have no current value. Ln all likelihoad these itenis had broken down ar►d were repl.aced. ■ Abra.H.R/Payroll project parallel system t•est-ing continucd, with inlplemenration still an h•ack for january 20035. ~ Work conLi.nued on the 2005 budget. Note: T'his report is excerpted from the NOVember 2004 report to the Spakane County Library Disti•ict Board af Ti-ustees with added infqrmation specifically rElated to Spokane Valle}° librai-y seivices. J Page 5 oI 5