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2005, 06-28 Regular Meeting : i. AGFNnA SPUKAtiE VAI.LGY CI'fY COGtiC1L REGUI.AK MEFTING #69 l'uesda~~, .Inne 28.2005 6••00 p.m. CI`CY HALL AT REDVV(3OD PLAZA 11707 Fast Spragur Aveaue. Firit Flonr Council Requcsts :UI F-lertronic Devires be'I'urned Of'f Duriog Council hiecting CAI.L 7'ta ORDF,R [ri VOCATION: Pastnr Stewc Willinms, New l.ifc A4semblv af God PL:F:DGE OF A[:LECIANCF: ROW.CALL APPRQVAL OF AGENDA IN7RnIfL'CTION OF SYECIAL GIIE.S7'S AND PRESENTATIONS CUMMITTEF:. IiUARD. i.lAlSON BQMMAFtY REPO127'S 'NAYOR'S RF.Pntt'T: PCIBLiC CUNLIIENTS For mcmbcrs of the Public to sprglc to the Cnuncii rcg8rding rnAttcrs hOT aa the Agrnda. Ptrasc stntc your name and addresx fur the rcraM and limit rcmarhs to three rninutcs. 1. CUYSFNT AGENnA Con3i:ds of itoms cansidcrcd routinc which arc approved as n group. A (:oimcilntrmbrt mny remavic en iEem frum the CactsCn( Agenda to hc cansidctrd separatcly. (No1c: Council may cntrrtsiia a motinp tn waivc reading nnd npptave Cannnt ARendx.) a Apprava) uf the Follawing Vouchars: Vouchcr Li.q 06- I O-20f35, vouchcrs 6957-6996, tatal nmaunt $57,81094 b. Approval of Cuuacil Stuciy Sessinn A+lccting o!'Junc 7. 2005 c Appruval of ltagulnr Council Mxiing Minutcs nf G-~f/ dS d. Apnrovnl uC Pavrol) of lune 15, 2005 of $1 ?b,016.94 c Appmval Io incraaso 2005 lAw Enfcmcemcm Aguecmcnt F'TE Count to 10 1.767 f. Appmvul of and Authorii:►tion of City Mxnngcr or Ik-signee to Exa:utc CH2-M !-lill Contract for Vallcy Corridcx Envirunmental Studv g Approvai 81~ Avcnue Uvcri.tv Prnj NEW Bl?SINES.ti 2. 5acntxi ftending Pmposed flrimet Ordinxnce - C'ar}, [)rtskell (publlc comment) 3. Fir.4t Reud'mg Pt-opased Moratorium Ordinance - Marinn SukupJCary• Uriskell (pabl{c cbmmeotj a. Hirst Rtading Rropusrti OrdinxttCO, Jicaring Examirtcr - Cary [)riskell ipubtic comment) 5. first Rrnding I'rapascd l7niinAnue, S'[V 02-05 Stttxt Vacation - Marina Stikup Ipublic cummrntl 6. Firat Rr.ading Proposed Chdinanco. S1V 03-05 Strre,M Vacatiott - Mnrina Sukup Ipubllc camtneali 7. PrapascY! Rewlurinn Stnting Intent to Adopt [nitiativc and Rcfrrcndum -Cary Driskell (pubtic commentl 9 t'roRcr;crcJ Resoluti<>» Stnting Intent to Adr.>jt ftcleteiu4imi -('ar} I)riskcll Ipublie cotnuieot) CctuncilAgtt::la0c►-28-05 RtgttlAr Mcctirig Pa.~r 1 o; 2 9. PCOp(15Cd 1icC")tll;t011 ,1utl341nciti1! 1 II i ] I W.1%' (_~~Il•.~RICII~)il 1(111)t:L)f - V1:i! IPUbIlC COQ1Iill`A1i 10. Matian Considcratiuo: Community fkvclopment HioLk Cirant Prngtam [)ccision - tiinrinn Sukup Ipnblic coinmentl I'UBL.IC CONIMF.NTS For mainben of tbc Public W speak to ttu Council regarciing matt€ri V()T on the Agen(ia f'lratir stntc vriur n,,jme anii nildtr-o: tiir t}ie re,:nrcl ;in(f limit rcmarks ti-, ttinr rninisics 11. Animal Control Upciatr - Nancy f lil l I? Outsidr. Agcncies' Prescncr nt C'cntrrf'lacr -kiikc la;ktion INFORM1IATION UNLIc': I nu pubfic cc,ctulicnt) 13. Mantgomvry Avcnuc Krhabilitatiun Projaci -Stc%,. 14. Dcpnrtmental Manthly rcports ~ 15. SpakRnc County Library District May 2005 kerx-)n 16. Plnnning Cammission Minutcs of Mny 12, 2003 mid May i6, 2005 17. Transcript of June lA, 2005 Cuuncil, Closrd Rrcurci Appw1 ( learing on Apprals APP tl I-OS and APF OZ-OS AUJOURNhlF. NT I•'1 71 `RI: .4'C'llf-'Pl !_E Regular C.'ouncl! ifleetiirg.s ure gei<<•rrrllv /rclrl lnrl aurrl -l" Tue_selu►•~, be;;initing u1 6:001:.ni. Cnunri! Slud}, Sztsiun.s ure genrra!!y held 3`' und Sth Tursdnys, begfitnutg a! 6:00 p.m, Olk[l TtR1[TJIV!' CWOlf7Jltp 3f!'CIIIIPS1FVPI[l3 : Nl~ Ill:f: l:ulividuals planning w aucnd the mr.smg who rcquue spccial assisiancc ta nctammodatc phyy;cal, hcarinp_ ,"hL. ~ impiirmenm plca,c cocit=t thc C'ity C'lak at (509) 4: i-lOW s3 x,c•n xs pomihic so thu2 mrrangcmcnts ma-, hc mndc _J t'ounr,i) ~~~xt~ds fJO-?1i-~1{ ft:-pii!.~r 4lrcnr.~ , ` ! . CITY OF SPOKANE VALLEY . - - Request for Council Action Meeting Date: 6-28-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business •Q newbusiness ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Flpproval ofthe Following Vauchcr5: BACKGROUND: VOUCHF-IZ LIST VOUCHER TU'I'AL DATI: 'Numbcr(s) VQUCHEK AM0UNT 06-10-2005 6957-6996 57 810.94 GKF1Nll TpTA1., 57,810.94 . RECOMMENDED ACTION OR MOTION: Approve claims for vouchers: BUDGETlFINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists ~ vchlist Voucher List Page: 1 06h012005 12:37:29PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6957 617/2005 000780 UNION PACIFIC RAILROAD COiv1PANY 05107/05 County UPRR RIGHT OF ENTRY PERMIT 545.00 Total : 545.00 6956 6l112005 000001 SPOKANE COUNIY TREASURER 06107105 County SEPA DETERMINATION APPEAL 276_00 Total : 276.00 6959 611012005 000197 AIR 80696 EMPLOYEE BACKGROUND CHECK 75.00 80756 EMPLOYEE 6ACKGROUND CHECK 275.00 Total : 350.00 6960 6110f2005 000037 AMERICAN LINEN 640628 FLOOR MAT SERVICE 49.04 Total : 49.04 6961 6110/2005 000782 AMERICAN LUNG ASSOC. OF WA 06J01l05 Refund REFUND MIRABEAU DAMAC7E DEP- 50.00 Tota I : 50.00 6962 6110P2005 000221 AMERICAN PUBUC WORKS ASSOC. 659605 POSITION Al7VERTISEMENT 105_00 Total : 105.00 6963 6/10!2005 000173 BINGAMAN, GREG 06101l05 GB Reimb. REIMB. FOR PARKING 5.00 Total : 5.00 6964 6/1012005 000386 CHARRETTE 92457008 40544 SUPPLIES FOR LAMINATOR 471.57 Total : 471.57 6965 6/10/2005 000784 CLEMENS MECHANICAL & PLUAABING 8037 SVSC - PLUMBING REPAIR 184.45 Tota I : 184.45 6966 6/10/2005 000105 COFFEE SYSTEMS INC 31010 COFFEE 8 TEA SUPPLIES 92.35 Total : 92.35 6967 6J10/2005 000508 CONOCOPHILLIPS FIEET 870166725505 VEHICLE FUEL 971.94 Total : 971.94 6968 6110/2005 000686 DEPARTMENT OF LICENSING 06J03l05 DOL Cash CASH TRANSMITTAL 70 DOL 112.00 Total : 112.00 ~je: 1 , , ~ vchlist Voucher List Page: 2 06l1012005 12:37:29PM Spokane Valley Bank code : apbank - Voucher Date Vendor Invoice PO # DescripUon/Account Amount 6969 6/10/2005 000785 DOYLE, BECKY 613105 Refund REFUND MIRABEAU SHELTER DEF 150.00 Tota I : 150.00 6970 6/10/2005 000724 FAULKNER, JASON 06110105 JF Reimb. REIMB. TRAVEUM1LEAGE - BUDGE 172.78 Total : 172.78 6971 6/10/2005 000505 H& H FINANCIAL SERVICES 181 COPIER LEASE PAYMEN7 307.06 191 COPIER LEASE PAYMENT 201.79 222 COPIER LEASE PAYMENT 412.30 223 • COPIER LEASE PAYMENT 307.06 Total : 1,228.21 6972 6/10/2005 000441 HON1E DEPOT COMMERCIAL CREDIT 6035 3225 4085 0983 SMALL TOOLS 8 MINOR EQUIPMEP 25$.08 , Total : 258.08 6973 6/10/2005 000022 INLAND SUSINESS PRODUCTS, INC. 52772 PNOTO ID CARD - INGA NOTE 19.53 52773 PNOTO ID CARD - ALYSA WIYRICK 13.02 52789 Cll'Y ID CARD - LISA BRACCO 19.53 Total : 52.08 6974 6/10/2005 000388 IRVIN WATER DIST. #6 112500.0 WATER CHARGES 165.00 Total : 165.00 6975 6/10/2005 000786 K & N ELECTRIC MO70RS, INC. 0071786 ' REPAIR PUMP CONTROLS 343.70 Tota I : 343.70 6976 6/10/2005 000755 LEAGUE OF OREGON CITIES 2224 ADVER7ISING 25.00 Total : 25.00 6977 6/1012005 000033 MCPC ' 4714775 40483 FINANCE OFFICE FURNITURE 798.72 4745176 40531 UNI COMPRESSED GAS DUSTER 14.29 4749904 44546 OFFICE SUPPLIES 165.42 Total : 978.43 6978 6/10/2005 000258 MICROFLEX INC. 00015728 TAXTOOLS SOFTWARE REN7AL 1,118.46 Total : 1,118.46 6979 6J10/2005 000239 NORTHWEST BUSINESS STAMP 54091 40548 DEPOSIT STAMPS ' ' 111.16 Page: 2 vchlist Voucher List Page: 3 0611012005 12:37:29PM Spokane Valley Bank code : 8pballk Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6979 6/10/2005 000239 000239 NORTHWEST BUSIPJESS STAMP (Continued) Total : 111.16 6980 6/1012005 000193 NORTHWEST CHRISTIAN SCMOOLS July 2005 Rent JULY 2005 RENT 24,446.07 Total : 24,446.07 6981 6110/2005 000058 OCCUPATIONAL MEDICINE, ASSOCIATE A500163 5J27l05 EMPLOYMENT PHYSICALS 292_00 Total: ' 292.00 6982 6110f2005 000029 F'ITNEY BOWES CREDIT CORP. Acct. # 5818533 COPIER LEASE PAY-0FF 1,796.76 Total : 1,796.76 6983 611012005 000494 PRO PEOPLE STAFFING SERVICES 2,000 TEMPORARY EMPLOYMENT SERVI 565.60 Total : 565.60 6984 611012005 000024 RESOURCE COMPUTING IP1C. 2,000 40540 KASPERSKY ANTI-VIRUS SUBSCRI 1,302.00 36750 IT SUPPORT/SERVER MAINTENAN, 2,142.88 36751 IT SUpPORT - CENTERPLACE 461.13 • Total : 3,906.01 6985 6110/2005 000415 ROSAUERS U-CITY 481249 MEETING SUI'PLIES 28.70 544743 MEETING SUPPLIES 2.38 Totai : 31.08 6986 6/10/2005 000779 SOUTHARD, BRAD 06106/05 RACOON 7RAPPER 270.00 Total : 270.00 6987 6l10/2005 000323 SPOKANE COUNTY UTILITIES 6/1/05 Seever Charges SEWER CMARGES 725.84 Total : 725.84 6988 6l10/2005 000391 SPOKANE VALLEY FIRE DIST. !#1 06!09105 Fire Fees FIRE DEPARTMEPIT FEES 11,73323 Total : 11,733.23 6989 6110/2005 000328 SPOKANE VALLEY SENIOR, CITIZENS A 05/26/05 SVSC Reimb. REIMB. WTERNET/DSL 37.99 Total : 37.99 6990 6/10/2005 000081 STATE OF WA, DEPART OF REVENUE 602 251 431 6 05l05 COMBINED kXCISE TAX RETURN 0 304.14 Total : 304.14 6991 6/10/2005 000093 THE SPOKESMAN-REVIEW 42365 ADVERTISIPVG 763.92 , ~ae: 3 i ~ • i vchllst Voucher List Page: 4 06/1012005 12:37:29PM Spokane Valiey Bank code: apb2nk Voucher Date Vendor Invoice PO il DescriptionlAccount Amount 6991 6/1012005 000093 THE SPOKESMAN-REVIEW (Continued) 42801 40509 ADVER7ISING 399_00 Tota l : 1,162.92 6992 6/10/2005 000646 U.S. POSTAL SERVICE, NEOPOST POST 06/09/05 Postage POSTAGE 2,010.00 Total : 2,010.00 6993 6J10/2005 000783 VALLEY GLASS V 31089 PLEXIGLASS FOR POOL INFO KIO: 126.95 Total : 126.95 6994 6/1012005 000157 VERA WATER & POWER 0001-031971.02 STREET POWER LIGHTING CHARC 71.06 0001-032805.00 STREET POWER LIGHTING/WATEF 19.48 0002-001425.01 STREET POWER UGH"i'ING CHARC 191.81 . 0004-000755.01 STREET POWER LIGHTING CHARC 180.64 0005-016348.01 STREET POWER LIGHTING CHARC 64.28 Total : 527.25 6995 6/10/2005 000711 W{WCA, TREASURER 06/06105 WMCA 40554 WMCA MEMBERSHIPS 100.00 Total : 100.00. 6996 6l10/2005 000089 XO COMMUNICATIONS 0104930007 TELEPHONElDSL 8 CENTERPLACE 1,959.85 Total : 1,959.85 40 Vouchers for bank code : apbank Bank totaf : 57,810.94 40 Vouchers in this report Total vouchers : 57,810.94 i, the undersigned, do certify undQr penalty of perjury, thai the materials have been furnished, the services rendered, or the labor perforrned as described herein and th9t the daim is just, due and an unpaid obligatfon . against the City of Spokane Valley, arsd thet I am ' authorized to authentfeate and certify to said daim. Finance Director Date Page: 4 URf►F7' . Nf.1NUT1aS ~ • CITY QF SPOKANE VALLL+"Y . STiJDY S1!,SSI.ON Tuesday, ,Tune 7, 2005, 6:00 p.m. Attendance: . Councilmembers: Staff: Uiana Wilhite, Mayor ' Dave Mercier, City Manager fZieh Munson, Depuly iNiayor 1Vina Kegnr, i7eputy City Manager Mike DeVleming, Councilmembee Tom Scholtens, IIuilding Official Dic;k Denenny, Cauncilmember Ma.rina Sukup, Community 17evelopment Director Mike F13ni};an, Councilmcmbcr Ken Thompson, Finanee Directnr Stevc Taylor, Councilmember Ncil Kcrsten, Public Works Dircctor Caary Schimmels, Councilmember Mike Jackson, I'arks & Recreation Director Cary ]ariskell, laeputy City Altarney Greg "Bing" $ingaman, IT Specialist . Chris 13ainbridge, City Clerk Mayor Wilhite called the mceting tc► arder st 6:00 p.m. and wclcomed all in sttendance. Emplvyee Infrvtluclions: Publie Works Jaircctor Kerstcn introduccd new employces inga Notc, Traffc rngineer; and Alysa Wiyrick, Assistant Engineer-L7evelopment f'arks and Recreation Director Jackson introduced new CenterPlace Coordinator Lisa Bracco. Councilmembers welcomed the new employees. l Student Advisory Council -Couneilmember DeVle~ Councilmcrnber DeVIeming praised the efforts of the first Student Advisory Council, introduced those student members, and then presented them with commendation planues, including a plaque For vebbie Gallagher, Business R.epresentation from the Amcrican Cancer Society. Present CMair Mike Grcen, incoming Chair Katie Osterbeck, and presenc Historian Ranclee 13erg bave Cauneil a brief summary of accnrr►plisMments frqrr► last year, including drafting bylaws, and addressing several tapical issucs to stucients; e.g. guns in sc;hool, homelessness, and Valleyfest. Ms. nsterbcek mcnlioncd that plans for ne:ct year include continued emphasis on the problem of guns in schools, and also addressing the problcros associated with excess noise. Nlr. Green then reported the following individuals as recommended new membcrs: Ashley Rcll, Wcst. Vallcy 1-1igh School; Victoria F3erndt, Central Valley High Sehool; JGSSiea Cannon, East Valley I-ligh School; Jolean Flughes, Central Valley High School; and Brent Vlahovichj University High School. Councilmcmber DeVlcmirig also mentioncd ttlat they will be neecling alcernatives Por those cimes whcn a studcnt movcs away or ot.hcrwisc can't fulf Il their term; and he asked For Council consensus to place those recommended appointments mentioned earlier, on an upcoming . agenda, lt was C;our►ciJ consensus lo place these names on an upcoming consent aoenda so that the appointments will be officially on record. 2. Community Development Blnck Grant Program - Tim Crowlev/Marind Sukup Comrnunity Iaevelopment Director Sukup introduced Tim Crowley, tilanager of PIousing and Comrnunity lacvclopmen[ for Spokanc County. Ms. Sukup discussed her .Tune 7 Rcquest For Council Ac;tinn on the background of the Cornmunity Development Blocl: Grant ProgTam, and liiglilighted the entitlcment proecss and fiinding fonnulas shown, cxplaining the difference. M.r. Crowley added that the formula is not determineci by the age oi' housing, buc that is eonsiderecl in the overall plan; ancl that repair, ancl level of priority are cnnsidered in the cost for running that program. Mr. Crowley stated that Option # 1 impacts the surrounding ctimmunitics the lcast; and added that the City could not opt out during the t.hrcc-year periocl 2006-2009. Fntitlemcnt, na,ss-th rough, and the options were discussed. Councilmember Taylor statcd that regarding Optipn l, he would like to see changes in the way allocation funds are handled for C;quncil meeiing: 06-07-05 Page 1 of 4 Approved by Council: 17I2AFT different entitics, but feels this remains the best choice for our municipality and surrounding communities. It was mcntioned there is a need for fiirchcr communication with members of the committee to keep eurrent on 1:his issue, and keep lines of communicatio» open regarding proceclures. City Manager Mercier stated that today's intent is to provide background information to help cauncil clecidc which nption to pursue; and that while they have bcen anticipaCing an extentiecl deadline, that official word has not yet been received and will likely occur some tirne in July, but that staff will riot hold off beyond the time in which the county has to file. 3. Spokane County Comprehensive Plan Update and Urban Growth Bourldary - Marina Sukup As explained in her June 7 me►norandum, Director Sukup indicated there is na new infnrmation to providE; that she met widi County planning direetors over last the several mont.hs; that the Board of County Cnmmissioners indicated they are Ipoking for a population range of a set amount 3nd the proposa) to aceommodate lhat population; that the proposal would be to expand the Urban Growth Area (UGA) by over eleven square miles; although dhere may be some adjuslmcnts. She mentioned that she will continue to monitor the process. 4. Ltical Agencv Alzrccment and Federal Aid Project, Argonne IZoad - Steve Worley Director Kersten, stepping in for Steve Worlcy, explained that this is more of a housckeeping item; that approval of the six-year Transpnrltilion Improvement Plan includes this projcct and that the agre;crnent and prospectus must be signed by a eity official anci returned to WSDC)T for processing and approval. Mr. Kersten stated that the local match fiinds of $42,600 will come fro►n the 2005 St:rcct C,apitsl Projects Fund with an estimyCed project cost af $31 6,600. It was Couiicil consensus to place this item on the June 14`h consent abenda for approval. 5. larafl Ordinance Greenacres iMoratorium Request- Scott Kuhta/Cary T)riskell Cnmmunity Uevelopment DirecCor Sukup gave a history of the pet.ition far morFttorium against ~ ' development of densities of more tlian onc h9use per acre; ancl stated that al the samc time the moratorium was issued, an application was received for a rezone from UR7* to UR 3.5; that copies of the petition were distributed to Council and Planning Commissioners August 13, 2004; at the November 18, 2004 Planning Commission meeting, the Commission votcd unanimnusly lo rccom►nend denial of the moratorium to the City Cnuncil; and at the May 10, 2005 Council meeting, staff was directcd to prepare a draft moratorium far future council cansideratiQn, and that draf"t ordinance is iricluded in this council packet for review and diseussion. Discussion then included the aspects of a moraturium and what is needed to impose such moratoriuln, the need for fndings of fact lo support such moratorium; how this would affect currently issued perrnits; current and future development, especially i❑ the Greenacres area; subdividing lots; density; environmcntal issues; sewer and/or waler issues; the timelinc Fqr any moratorium and the procedure for imposing samc; and whEther this action could be handled through rnotion or nrctinancc. It was detcrrr►ined that an ordinance will be brought forward at t}ie June 28 cnuncil meeting for consideralion. Mayor Wilhite called for a rccess at 7:15 p.m.: and reconvenetl the meeting at 7:25 p.m. 6. Draft Initiative/Referendum Ordinance- Carv Tariskell. Mayor Wilhitc stated that as usual for study scssions, there will be no public comments tonicht, and she apnlogizccl to those in attendajice for any rniscommunieation on this issue; and asked khose who came tonight to suprort this issue, to please stand to indicate that support. Approximately tcn neople stnod. Deputy City ACtorney gave the background of this issue as per his lune 7 Request for Council Action; he , mentioned thal council asketl staff to prepare draCt documents concerning initiative and referenclum and . those dUCUtl1Cnt5 are incluclcd. After explaining the difterence bchween initiative and refercndum and their assoeiated powers and die pracedure for adopting either or both, there was Council discussion on the Council vir,eting: 06-07-05 Page 2 of 4 Approvcd by Gouncil: DIUUFi' issue. Couneilmember Denenny stiited that hc asked this issue to be brought farward as it was his impression Chat this process was an automatic part of incorporalion; and feels thc matter should be brought forward on a c;ouncil agenda for fnrnial consideration. Councilmember'.l'aylor stated that people choose their Ieaders to make decisions, and a remedy for disagreeing with an etected official's decisions, can always be showti at eleetion time. It was Council conscnsus to bring the process fbrward for forrnal council consideratinn, and Council evauld like to consicler initiative ancl referendum tqgcther; a.nd refcrendum separately. 7. Triffic ContmUSpecial Events - Vlike JacksonlCal Walker Parks and Recreation Director Jaekson explained that orcli.nance 64 adopts regulations for special events, but that the issuc of block parties held an City streets has bc,en brought to staf'f's attcntion; and that issue mibht be further explorcd eoncerning obtaining a permit and/or providing prnnf of liability insurtince; that staff is aware of the positivc community benefits, yet is also aware of the neect Por emergency vchicles to be aUle to negoCiate through a street, whieh if closed without City's knowledge, coulci prE:sent problerns. Police Chief Walkcr argued that any ordinance should have the ability to be enforced; and at present, such activities as National rlight Out and thc numerous block partics held throughout local communities, havc not been held to t}icse regulations; and dhat he feels such regulations woulcl hinder the community good- will to burden communities to adhere to tt fonnalized praccss of requiring special permils and insurancc. Discussion followed concerning the 15 day advance period and whether it could be changed to perhaps a tive-clay period; of traffic contml and notification to fire and police; a$S.UO permit fee; ihe pros and cons of requirine insurance; thal cOmmunities could purehase insurance throug}t 1VC1A, but for ttie City to purchase any such rider would be considered a gif't of fiinds; that no citations have been issued in connection wiCh this ordinance; that the public; is unaware of thesc requirements; and of the responsibility of having ordinanc.es enaeteci which are enforce$ble ancl enforced. It was Couneil consensus to amend the orcfinance as discussed abovc (15 days to 5; $5.00 perrnil), and to place this item on a future council agenda for formal aetion, 8. Advance Agenda Additions - Mavor Wilhite Mayor Wilhite brought council attention to the upcaming June 14 agenda and of Council's first closetl record public heitring. Other future agenda items mentioned for considerc3tion included meeting with the Sehool Uistrict; SCQPI; in Ce;nterPlace (currently set for June 28); and af adding the Pnst Office to an upcoming agenda for a report an any local changes. 9. Council Check in - Mavor Wilhite Councilmembcr Taylor mentioned that there is an issue regarding a hcaring examiner meeting tomnrrow and asked if we were planning to present at the hearing on the SEPA deternlination by the County. Mr. Mercier responded that there is a hearing examiner pmcess tomorrow on a development occurring in the County's jurisdict:ion that Ilas some affects an our community; our stal'f ha,s revietived dhe SEPA TJatice of Nondetermination and lias evaluated thc governing rules and regulxCions of the City and that process, and as an administrative decision, has created an appeal to that: cletermination and will be giving testimony a1. the I-Iearing Examiner pracess tomorrow. Mr. Mercier ftirther responded by stating tiiat thc mattCr of cxamining from aplanning qerspective the SEPA notifcaCion and macing a clet:ermination of its sufficiency, is an administrativc function; and as such, wc believe there is a statutory bar from the Couneil to make a ruling on those issues that are otherwise considered administraeive. Mr. vicrcier added that each councilmember has received copies of'the documents that would be entered into evidcnce tomorrow; and in terms of «fiat would happen if lhere's a disagreement on the judgcnent of the Hearing~s Examiner, that if they are legislativc in nahire, there could be ari appeal to fhe City Council or County Cammissioners or otherwise to Superior Court; and that staff would report to Council should a court action•be considercd. Council Meeting: 06-07-05 Pagc 3 of 4 Apprnved by Council: DRAF'C 10. Citv Manager Comments - llave Mercier City vlanager Mcrcie;r brought c4uncil attention to thc added agenda itcros "a" anci "b" (WaIk across ' Washington; and Regional Agreement with ESIti [Environmental Systems Kesearch Institute, Inc.]) and the accompanying attached materials; that bath issues are time sensitive and he requests placin;; these issues on the June 14 cnnsEnt agenda. Council coneurrEd. There being no further business; the meeting adjaurned at $:07 p.m. A7TES"C: Diana Wilhite, Mayor Christine Bainbricige, City Clerk Council Mccting: 06-07-05 Page A oC4 Approved by Council: D12AFT • MIlNUTES City of Spokane Valley - City Council ltegular iMccting Tuesday, Junc 14,2005 Nlayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyonc to the 68 meeting Attefrdance: City Staff piana Wilhite, Mayor Dave Mercier, City Manager Rich Munson, Deputy Mayor Nina Regor, Deputy City Manager Uick [aenenny, Councilmember Cary Driskell, DepuCy City Attorney Mike I?eVleming, Cauncilinembcr Ken `I'hompson, Finance Directnr ti'I.ike Flanigan, Councilmember vlarina Sukup, Community T)evelopment Uirector Steve Taylor, Couneilmember Tom Schoitens, Building Official Gwy Schimmels, Councilmember Mike Jackson, Parks and Recreation Director Neil Kersten, Public Works Director Greg McCormick; Sleve Worley ' Gres "Bing" Binganan, IT Specialist Chris Bainbridge, City Clerk .PFVOCATION: Pastor Philip Koenig, Grace Harves[ Fellowship gave the invocation. 1'LEDGE QF Ai.XEGIANCE Mayor Wilhite led everyonc in the Pledge nf Allegiance. RQLL CALL City Clerk Bainbridge calleci roll; all Councilmemtiers were present. APPROVAL OF ACENDA It wus maved by C'ouncilmember Taylor, secorrded by Councilmember Derrenny, and unanimoiisly agreed uuon to approve the umended agenda as presented. . IN1ROllUC'TION QF SPECTAT.. GUESIS AND P12ESFNTATTONS Mayor Wilhitc announcecl Chat City Clerk Bainbridge has been accepted into the Entry,Level of the I.nternational Institute of Municipal Clerks, Master Municipal Clerk Academy. COMMiTTEE. BOA12D, L[AISQN SiJNLV1ARY REPOI2TS Cauncilmemher Schimmcls: reported that he recently attcndccl the Solid Waste Committee meetings; the Spokane Valley f3usiness Group meetings; the Regional Transportation Cammission meeting, arid. the Light Rail Steering Committcc meeling. Councilmember Taylor: staled that along with all Councilmembers; he atlended last Saturday's Council/Staff retreat to work on Council goals, ancl that it was a productivc mceting. i7eputy Mayar Munsnn: said that he attendcd the Operations and Administrative Sub-committee for STA, of which he is chair; and that group is e.camining measures dealing with new buses anct new bus routes. Councilmember FlFUiigan: announccd that he assisted in the U-High debate, and that lhere were ten stuclcnts frnm U-Migh and thrcc students from Centra) Valley who made it to nationals and wiU bc traveling to I'hiladelphia for that event. _ Councilmember Denennx: explained that he attended a special Spokane Transit Authority $oard meeting Iast Wedncsday where the board appeoved the seleCtion of new CEO Susan Meyer. CouncilMeeting:06-14-OS I'age 1 of6 Approved by Council: nRAFr Councilmember DeVlemiW reported that he attended a Leadership Spokane graduatian; a Foundation Northtivcst annual meeting; and at the 911 Board Mccting somc challenges were discussed now that the transition has 'been made coneerni.ng Crime Check, and that there has been a larger than usual amounC of " phonc calls on Mondays. MAYOR'S REPORT: Mayor Wilhite reporteci th3t she attended a meeting of the Disanlcd Veterans of Spokanc ; the NQrthwest Foundation meeting for thcir director; and a reception For R.S.V.P., which is a group of retired citizens who have most recently been assisting students to improve their reading skills. PI,Tf3T.,TC COMMFNTS Mayor Wilhite invited public comments for members of the PubJic to speak to the Council regarding matters not on the Agenda. Neil Hanson. 11621 E 34`°: spoke concerning the upcoming helmet law; and that he does not want government telling citizens what they can and ean't do; amd that wearing a helmet shoulcl be an individual choicE anc1 City government should not place restrictioiis on lives. \rA Brnwn, 18915 E. Marretta: complained about the residence next to his residencc, which is a rental property, and the amount of junk vehicles and odier junk in the yard ttnd would like someone tn address that situation. CiVlayor VlJilhite stated thaC stiff will check on the situation ancf repnrt back to Mr. F3rown.] Gary Babock, 19010 E Buckeve Ave, btis Orchards: said that he lives in the samc neiF;hborhood as Mr. Brown and also notcs prablems with people not keeping thcir yards clean; that thcre has been some switchi.ng of license plates, and there are numcrous junk cars; that he has called the police and has received no response; also that there are rats and snakes in the yard. [Maynr Williite statcd that staff will check on this sihiation also and report back to Nf.r. Babock.] Karen Hanson, 11621 rast 34'h : spoke in opposition to the upcoming helmet law; that shc doesn't feel it - is govemment's place to impose this type of rcgulation; she read her statemcnt, and handed a copy to the Clerk for distribution to Councilmembers. . Rohcrta Jcan Clemmings: 424 S Mcl7onald Road: in reference to the helmet law proposed; that she has two family mernbers who havc freedom of niovement today because they were wearing helmets while riding bi.kes; and dhat she feels wc need to set example as adults; that she is not sure police shnuld only look for people without hclmcts; but having such a law, people will be mdre likely to wear helmets. Jovee Jensen, 10601 East 9~' Ave: stated her opposilion tn the helmet law; teels parents have enough sense to decide if dheir kids shoulcf or should not wear helmeLs. Myra Gann, 1119 S Uishman Rd: said shc rziisecl six kids in the Valley, and is against the helmet ordinance; fecls if a person were hit by a car, tlhat a hclrnet woultln't do them any goocl; and feels that this makCer shnuld be a personal choice and not a law. 1. PUBLIC HEA121NC: "I'ransnortation tmnrovement Arogram (7'IP) 2006-2011 - Steve Worley Mayor Wilhite opened die puulic hearing at 6:29 p.m. and invited Mr. Worley to preseiit the issue. vlr. Worley explained that the City is required by state statute to prepare and after public hearing, aclopt a revised and extended comprehensive transportation program for the ensuing six c_alendar years; and that the plan must bc submitted to the Washington Statc Secretary of `I°ransportatiun prior to July 1 of eac;h - year. After brief council questions cnncerning several of the proposed changes, Mayor VJilhite invited public comment. No comments were offered and Mayar Wilhite closed the public hearing at 6:34 p.m. . Council Mccting: 06-14-05 Page 2 of 6 Approved by CotmciL• DRAFT 2. PUBLIC HEARliNC: Closed Recoed Hearine on Appeals APP 01-05• and AT'N 02-05 - Cary Driskell Vlayor Wilhite opened the public hearing at 634 p.m; and inviteci Deputy City Attorney Driskell to give his opening remarks. Mr. Driskell explaineci that this is a closed record hearing and the public is not pcrmitted to participate. It was moved by C'aunerlmember 7crylor, seconded, and untrnimvti.sly agreed upon thal Mr. Driskell will keep the official time. After Mr. Driskell's e:cplanation of the process, Mr. Hormel sqoke, folloNved by comments from Mr. Tabbert- then Ms. tlrpin, with rebuttal aRenvards from M.r. Hormel, Mr. Tabbert, and comments frpm Mrs. '1°abbert. t\ttorney Driskell will provide Council will copies of the Tugtivell case mentionecf, will research the question of dhe Council's authority conecrning deciding the canstitutionality of a law; ancl asked that any subsequent cnuncil questions be put in writing for Mr. Driskell's future response. Staff will research lhe needed informatioii, and will reschedule the • . malter.for Council deliberation at a future counc:il meeting. vlayor Wilhite closed thc public hearing at 7:37 p.m. and called f'or a recess. iMayor Wilhite rcconvened the meeting at 7:50 p.m. Note: For a complete transcript of the hearing, please see document entitled "June 14, 2005 Council Meeting, Closed Recorcl Hearing on Appeals APP 01-05 and APP 02-05," which clncument is attached to and incoeporatecl as part of these olicial minutes. 3. C(:)NSENT AGEIYDA Consists of itcros considered rouline which are approved as a group. A Councilmember may removc an item from the Consent Agcnda to be consiclered separalely. (Note: Council may entertain a motion tu waivc reading and spprove Consent Agendmi.) a. Approval ofthe Following Vouchers: VOUCHER T.,IST VOUCHER TOTA1 DATE Number(s) VOUCHER AMOUN`I' 05-20-2005 6854-6872 1,213,659.96 05-31-2005 6873-6915 391,474.49 06-03-2005 6928-6956 88,364.03 CRAND TO 1 AL 1,693,498.48 b. Approval of Regular Council Mecting Minutes of May 24; 2005 . c. Approval oP Study Session Meeting Minutes of May 31, 2005 d. Approval of Executive Session Meeting Mi.nutes nf June 6, 2005_ e. Approval of Payroll oPMay 31, 2005 of $ 173,710.12 . f. Approval to Replace Divinb 13oards g. Approval of Resolution 05-008 to Waive IIic3cling Requiremcnts far Diving Boards h. Appraval of and AuthqrizaCion for City Manager to execute InterlnclJ Agrcement for Participation in Environmental Systems Research Instiiute, Ine. (FSRn Lntcrprise License Agreement with Spokanc Cnunty i. Approval of and Authnrization for City Managcr to executc 1.,oca1 Agency Agreement (fnr • each phase of the project as needed) and Project Prospcctus for the Argonne Road Rehabilitation project. . j. Apnroval of Student Ac3visory Council Appointrnents k. Approval to participate in the "Walk Across America" with an estimated cost of $100.00 It was moved by Cuuncilmember Tcrylnr, secondetl by Councilnrember Flanigan, arrd unanrmously approved to waive the reading and approve the Corzsent Agenda. NEW BUSINFSS 4. Pmposed Resolution 05-009: Adopti.ng the'I'1P for 2006-2011 - Steve Worley l`- J After Ciry Clerk k3ainbridge read the resolution titlc, i[ was moved by Deputy Mayor Munson Qnd secunded by Cvinlcilmernber Flanigan to upprove Resolulron 05-009. Mr. Kersten, standing in for Mr. Council Meeting: 06-14-05 PaSe 3 of 6 Approved by C;ouncil: nRaFT Worley, explained the changes proposed from last year's TfP. vfayor Wilhite invitect public comment; no comments were offcrecl. Va1e by Acclamation: In Favor: 1Vfayor Wilhite, Deputy Muyvr j1funson, Councilme►nber.s Schimmels, Ttrylor, F%'lcenigan, Derrenny und DeVleniirrg. Opposed.• None. Ahstentrons: 1Vane. Motion ccrrried. 5. Vtotion Consideration: Pavement Cut Policy -I`rcil Kcrsten It was mvved by Councilmember UeVleming and seconded hy Deputy Muyor Munson to approve the pavenrent cut policy. iMr. Kcrstcn explainecl thal lhere h3ve been three different work sessions on this issue at which times, the policy was discusscd in great length; tihat the City of Spokane and Spokane County have adoptecl the Policy as shown in the packet; and that Council asked staff tn bring this mattcr back for adoption consideratian. • Mr. Kersten menCionecl that associated issues regarding statT"ing and implcmentation will be hiindlecl by planning. Mr. Uqercier also broughl Council attention to an accompanying resolution calling f'or an adjustmenC in the permit fees; and stated that sueh resolution can be approved withoul amcnding the budget; that staff can track the matter and if a budget amendment is required in the future, the budget can be amended at that time. vir. Mercier also stated that therc was some question of the e.cact amount of such a fec and that actual expense could also be dealt with at the end of the budget ycar. Further discussion included any nced for additional staff (which could also be brought back at a future tirlie); Mr. Kersten's recommended changes on the malrix on page ninc ancl his assessment that the streets in Spokanc Valley are in significantly better cnndition Ihan et►ose in the County of the City of Spnkane; and if (;ouncil werc tu eonsider a ehange, that he would reeommend in the arterial streets seetion of "Principal, iNfinor and Neighb4rh9od Colleetor," to cacry tier 2 through tier 3 and 4. It . was rrroved by Delruty Mayor Munsun lo amend the ntotion to upprove 1a include the modificalion as recommenrled by Mr. Kerslen. The motion was not seconded and was therefore not considered. Mayor Wilhite invited public commeiit; no comments were offered. Council disc;ussion included the benefits of a regional poliey, lhat the policy can be revised IaCer if needed, and that staff should inform Council of any concerns as dhey may oeeur. vote by Acclamation: Iti Favor: Jblayor Wilhrte, laeputy Mayor ' eViuisvn, Cauncilnrembers Schimmels, Tuylur, Flanigan, Denenny und DeljlErning. Upposecl.• 1Vone. . Abstentton,s: None. Molion ccrrried. 6. Proposed Resolution OS-Ol Q: Amending the Fee Resolution (Pavemcnt Cut Fees) - Marina Sukup It was moved by Deputy Alayor Marrrson and seconcled by Coimcilnrember Denenrry, to approve Resalution 05-0I0 increasing the puvenient cut permit fee,s to $70.00. Cnmmunity Development i7irector Sukup e.cplsined the staffing concerns zlong with the number of perinits A.ntieipatc;d and that the construction inspection will be necessftry. Depuly City Manager R.egor explained that gathering the data in terms of the last rc-construcE of the City is not yet complctc; and staff continues to exrunine ways of refining the estimate on the number of permits that will be recciveci, but it was felt it would he more than 1200 and less than 3,000. Ms. Itegor eYplained t:hat the current fee has two p:ires: $16.00 is the permit Cee and $25.00 is the inspection fee; ,incl that the proposed $70.00 includes bnth; and once the process begins, if it appears that the cuts will require more inspections, that wil) be an issue for cost recovery at a later date. City Manager vlcrc:ier added that regarding the refcrence in the cover memo, the current proposal wnuld carry 2.2 FTF, allocated to that oPhwro right-of-way inspectors; and .2 permit specialisc tuld the data management position is not in the cunent recommendation; adding that staff conternplates about $30,000 tn initiate the data managcmcnt. Mayor Wilhite invited public comment '1°ony Lazanis said in the namc oP fairness, he feels Councilmember DeVleming should excuse himself frnm this topic as he represents a utiliry. Mayor VJilhite invited further public comment; no further comments were offered. Council-discussion thcn includecl the timeliness issue of the inspection; patches that fail and ensuing inspections; and warranty conccrns. Vote by acclarnatiorr: In Favor.• Mayor Wilhile, Depirty iWayor Munsvn, Councrlmerrtbers Schimmels, Denenny, and "I'aylor. Oppuse& Cnuncibnenzbers Flanignn ancl DeVleming. Abstentron.s.' None. iVotian carried. City Manager Mercier said that staff will bring back an ' itcm for the FI'E to begin implementing the program. - Council vleeting: 06-14-05 ' Page 4 of 6 Approved by Council: DRAFT 7. Second Readini! Proposed Sign Qrdinance 05-016-Marins► Sukup , After City Clerk Bainbndgc read the nrdinance title, it was moved by Deputy Mcryor el7tinson and ' seconded by Cozmcilme»tber Flanigan, to approve ordinance OS-Olb. Community Dcvelopment Director Sukup explained lhe minor changes in the qrciinancc since the first reading concerning the sign structure verbiage on page 9, and the advert.ising copy. Deputy City Attorney Driskell explained that stAff would like to suggest a moclification xt page 4 section 10.07.09.02 prohibited signs; to change #8 and to add a #9; as the ad hoe committee detcrmined that all off-premises signs were intended to bc clefincd as billboards; and to make the intent clear, it is recommended that #8 read "billboards" and that a ncw 49 bc added for "off-premise signs." A.fier brief ctiscussion of that suggestion, I7eputy Mayor Munson moved to amend che motion to include the sugge.rtecl languuge; Councilmernber FlcmigUn seconded the motion to umend the motinn. Yote by czcclamation to amend the rt:otion: In Favor: Mcrynr Wilhite, Depury Mcryor A9unson, Councilmembers Schimmel.s, Tuylor, I%lunigcm, Denenny, and DeVleming. Opposed.• Nvne. Abstenlions: Nvne. Motinn carried. Councilmember 7'aylor moved !a amencl the niolion to prohibit unofficiul sigms from ptiblic rights-of-way, tivhich lvnuld include political signs. There was no second to the motion and the ►notion was not considere.d. Mayor Wilhite invited public comment, David Gnotta, 805 S Viarian Court: commended Council for their diligence; and in terms of sigm policy and in looking through the draft, he would like to sec a metliod of being abie to compa►e the current - dpcument with what is proposcd; he commented on allowing larger signs and having them closer together, and sugtested Council deal with thc smaller, tempoeary signs. It was moved by Councilmenrber DeVlenring, seconded, and unanimously agreed upon 1o extend the meeting for an ruldilional twer:ty minules. Jae TQrtorelli, 10418 Easl 4ffi: said he works as a consultant in Che Valley; and he recently built a new manabement facility oii 13roadway; and he encnurages passage oCChe new ordinanc:e. \ Bill Golhmann 10010 Easl 48`h Avcnue: said as a mcmber of the 1'lannine Commission, he voted in fav9r of the ordinance as it carries the a.spccts he looked for in a sign ordinance; and encouraged Council approval of the ordiiiance. Mayor Wilhite invited furkher public comment; no furt}ter comments were offered. Vote by acclamation: ln Favor: Mcryor Wilhite, laeputy 11%fuyor Munsvn, Cotnzcilmembers Flunigan, peVleminp, Uenenny, Taylar and Schimmels. Oppo.sed: None. .Abstentions: Alone. Motion -carried 8. Sccond Reading Pronosed C,rdinance 05-019 STV 01-05 Street Vacation - Marina Sukup After City Clerk Bainbridge read the ordinance title, Director Sukup explained that there have been no changes sinee the first reading nf the ordinance. Mayor Wilhite inviled public commcnt; no comments were offered. vote by acclamation: In Favor_ Mayor Wilhite, Deputy Muyor Alunson, Councrlmembers Flanigian, DeVlemirtg, Denenrry, Taylor and Schimmels. Opposed.• Nnne. Ahstentions: iN'ane. M. otion carrietl. 9. Proposed Resolution 05-011 : Amendinp the Nee Resolution (CenterP(ace Fees) Mike Jackson After City Clerk }3ainbridoe read the resolution title, it ►va.s moved by L7eputy Mayor Munson nnd seconded, to puss the umendment !o resohrlion 04-025 master fee schedule. Parks and Recreation Dircctor Jackson explained that the praposed changes to the fes include thosc fees associated with CcnterPlace; and added that as more functions and organizatinns use the facility, that new or additional fees will be brought to the City Couneil periodically for formal approval; adding that the fees are in linc with the Centerl'lace operating perfnrma. There was brief discussion concerning the Senior Center danec floor in cerms of rental, and Mr. Jackson explained that the $eniors paid for 75% of the dance floor and they will ~ use that space according to the current plan coming to council in a few more weeks, and thal the proposal is that thc seniars ntn their programs from 8:00 a.m. to 4:00 p.m. Mondays through Fridays; and after ' Council Meeting: 06-14-05 Yage 5 of 6 Approved Uy Cpuncil: D1tAFT thal and on weekends, the Cicy would usc the facility; and that the cost nf the space far excecds any contribution toward thc dance floor. Mr. Jackson said he will work further with those figures to make sure t}ie Senior Ad Hoc Committcc is cornfortable with those figures. Mayor Wilhite invitecl public comment; no comment~s were offered. Vote by Acclamation: In Fuvor: Mcryor Wilhite, Deputy Mayor Munson, Cuuncilmemher,s Flanigan, DeVleminK, Denenny, TUylor and Schimmel.s. (`Jpposed.• Nnne. AbstEntions: None. Motion carrietl. _ It wcrs moved by Deputy Afayor Munson und secorrtled, to exterrd the rneetinR tn 9•30 p.m. In Favnr.• Mayor Wilhite, Deputy Mayor 1Wunson, Councilmembers DeVleming, Denenny, Tuylur und Schimmels. Oppused.• Councibne»tber Flanigut:. Abstentions: None, iVotion carrred. PUI3LIC COIVINIENTS Mayor Wilhitc invited further public comments; na comments were offered. ADMIiY15TKATNE REPORTS: [no public comment] . 10. Law En.foreement 2005 Agreement - Nina Regor/Cal Walker Chicfi Walker gave a 1'owerYnint presentalion explaining the property erimes situation and how they are wortcing to fl their cotitract witli the model language to make it easy to manage and manitor. He also explained that he is asking Pnr approval to include the new FTE in the mndel Ianguzge which will be brought back as 101.767 FTEs in the new agreement. There ensued discussion concerning the savings frorn Crime Check of $120,000; that those fimds are not specifically identified to pay for this and that represents a ncw savings on fiinds not spent on other programs; the ability of the Police Chief lo have the freedom to manage his manpower as xlloe_atect to him by Caiincil; and the need for the additional positian, which represcnts a small increase of .267 law enforcement. It was n:oved by Deputy iYluyor i1lzrnson ancl secontled by Councilmember Denenny to extend the meeting [o 9:90 p.m. Ir1 Favor.- Alcryor Wilhite, Deputy Mayor eVfvnson, Councrlrnemhenr DeVleming, ]aEnenny, and Schimmels. Opposecl: Councilmentbers• Taylvr and Flanigan. Abstentions: 1Vone. Motion carried. City Ivlanager Mercier saici thtit staff seeks direclion anrJ asked if [here is Council consensus to move ahead with the proposal of acicling .267 law cnforcement to the consenl agenda for next regular meeting. Council concurred. 11. Aciministrativc Report: Cocnmunity Developrnent Block Grant Pro ram Upclate - Marina SukuT City Manager Mercier said that this is a status report; that the issue will be on the June 28Ih agenda for Cnuncil consideration to opt in or out; and that will be our last opportuniry to aclclress the issue within the upcnming deadline. '1°here being no turther business, it was moved by Councilmember Flanigan, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 935 p.m. Diana Wilhite, Mayor A'I"I°ES`I": Christinc J3ainhridge, City Clerk Council Meeting: 06-14-05 • P3ge 6 of 6 Approvecl by Council: ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-28-05 Ciry Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending June 15, 2005 GOVERNING LEGISLATION: - PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: ~ OPTIONS: RECOMMENDEO ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Payroll for period ending 6-15-05 Salary: $ 114,145.07 Benefits: $ 11,871.87 $126,016.94 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY =Requestfor Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply: (@ consent ❑ old business ❑ new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: MOTION CONSIDERATION: Increase 2005 Law Enforcement Agreement FTE Count to 101.767. • GOVERNING LEGISLATION: N/A ' PREVIOUS COUNCIL ACTION TAKEN: Law Enforcement Update 12/21/04; 2005 Spokane County Service Agreements 5/3/05; Law Enforcement 2005 Agreement 5/24/05; Law Enforcement 2005 Agreement June 14, 2005. BACKGROUND: The purpose of this agenda item is to increase the FTE count authorized in the law enforcement agreement to 101.767. This reflects an increase of .267 since the Agreement first began in 2003. The 2003 and 2004 Agreements use an FTE count tied to specifically identified positions. The count was at 101.5 for 2003 and went down to 100.767 in 2004 due to regional' allocation of certain FTEs. The proposed change for the 2005 Agreement raises the FTE c4unt to 101.767. Staff proposes changing the cost methodology in the 2005 Agreement to reflect total FTE rather than specific positions. If approved, this change will be incorporated into the 2005 draft agreement, which will come fonward for Council consideration at a later date. There have been several changes to the law enforcement agreement costs between 2004 and the draft 2005 agreements, resulting in both increases and decreases to the cost of the agreement. Increasing the FTE count has a value of $84,000; hawever, there have been offsets as well, such as~ the reduction in the Crime Check program (about $123,000). OPTIONS: Increase FTE count to 101.767; maintain the 'status quo; provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to increase the 2005 Law Enforcement Agreement FTE Count to 101.767. BUDGET/FINANCIAL IMPACTS: See above STAFF CONTACT: Cal Walker, Police Chief; Nina Regor, Deputy City Manager ATTAC H M ENTS CITY OF SPOKAIVE VALLEY Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off. Item: Check all that apply: ❑ consent ~ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: CH2M HILL Contract Approval - Valley Corridor Environmental Study GOVERNING LEGISLATION: Ordinance No. 22, Procurement Procedure for Architectural and Engineering Services PREVIOUS COUNCIL ACTION TAKEN: There have been several Council discussions on the Valley Corridor. Following are the agenda items directly related to the environmental study for this project: • February 3, 2004 the Council requested SRTC to model traffic for the Couplet Project. • June 22, 2004, Resolution #04-019, Council approved the Valley Corridor Project in the 2005-2010 TIP. ' • January 18, 2005 staff presented history and concerns that SRTC had not completed the traffic modeling. _ • April 5, 2005 staff presented an update on the Valley Corridor Project including a draft ' scope of work for hiring a consultant; Council approved a request to issue an RFQ for selection of a consultant to provide an environmental evaluation of alternatives. • April 5, 2005, Resolution #05-006, Council approved the amended 2005-2010 TIP, which included the Valley Corridor Environmental Study. • May 24, 2005, Ordinance #05-018 Council amended the 2005 Budget to include additional funds ($200,000) for the Valley Corridor Environmental Study. BACKGROUND: In accordance with the Cou ncil-a p proved 2005 TIP, staff has been woricing on the Valley Corridor Project. This project originally entailed the extension of the Sprague/Appleway Couplet. However, because we are proposing to use federal funds for the design and construction of a new arterial (the extension of Appleway) we are required to go through the National Environmental Policy Act (NEPA) process to establish a"purpose and need" for the new road. The NEPA process requires that we evaluate different alternatives for meeting the needs of the project and to determine their impacts on the environment. The final result is to identify the 'preferred alternative' that meets the project's purpose and need with the least amount of environmental impact. Staff has been working with SRTC and WSDOT on developing a scope of woric for consultant services to provide traffic engineering/modeling, alternatives analyses, and public involvement. The scope includes developing different alternatives and evaluating them on their ability to: 1) alleviate congestion at the intersections of Sprague/Pines and Sprague/Sullivan, ' 2) reduce traffic collisions at the intersection of Sprague/University and other areas along ~ . east Sprague, and 3} provide safety improvements to pedestrian and bicycle facilities along the Sprague corridor. The result will be to identify a'preferred afternative' to be included in the Spokane Metropolitan Transportation Plan (MTP). Upon Council approval at the April 5, 2005 Study Session staff issued an RFQ and received one response from CH2M HILL on April 29, 2005. Funding for this Environmental Study was included as a separate project in the budget amendment on May 24, 2005. OPTIONS: RECOMMENDED ACTION OR MOTION: Authorize the City Manager to execute a contract with CH2M HILL for the Valley Corridor Environmental Study. BUDGET/FINANCIAL IMPACTS: The contract amount is $157,184.00. With Council's approval of the 2005 Amended Budget, the total funds obligated for this project increased to $215,000. There are approximately $54,000 of federal grant funds and $40,000 of TIB grant funds available for reimbursement associated with this project. Monies for this project will come from the Capital Grants Fund 307. STAFF CONTACT: Neil Kersten, Public Worics Director Steve Worley, Senior Engineer - Capital Projects ATTACHMENTS: 1) Scope of Work, 2) Consultant Contract ; Consultant/Addr+ess/1'eleAhone . Local Aqen.cy cH2M HILL, nNc. -Standard Consuitant 9 South Washington, Su.ite 400 , Spokane, WA. 99201-3709 Agreement - (509) 747-2000 ~ ArchitecturaUEngineering Agreement ❑ Personal Services Agreement Agreement Humber Project TiUe And Work Desciiption LA-5724 (Local Agency Proj. #05-002) Eng'r S'vcs. to establish specif!ic scope for Spokane Federal-Ald Number , Valley Corridoi Anatysis. This effort is the lst STPUL.-9932(024) . phase of an enviranmental-assessnent assaciateci with AIEPA envir. process for the Valley Corridor Agreernent TyAe (Choose one) project. , p L'ump Sum Lump Sum Amount $ ~ Cost Plus Fixed Fee D8E Pa'tiic(pation . Overhead Progress Payment Rate % 0 Ybs IN No % Ovetheed*COSt Method Federa! ID Number or Sodal Security Nuinber D ACtkial Cost _ 59-0918189 Do you reqvire a 1099 br, Ii~S? Campi~etfon Date p Actual Cost Rlot To E~cce~d °o p y~ N No ' Octobe,r. 31, 2005 N Ftxed Rate: 168.7 Fized Fee $ . Total Amount Authorized $ 142,895.00 ❑ Specfic Rates Of Ray ❑ Negotlated Hourty Rate Manageinent Reserve Fund $ 14,289.00 ❑ Ptovisionai Houriy Rate AAaximum Amount Payable $ 15731184.00 ❑zost Pee Unit of Work ' Index of Exhibits Exhi'bit "A^ - Scope of Work » Fxhi`bit "lY' - Payment (bY A.gmment TYPe) Exhibic "E" - Consultant Fee Decerminaflon Fxlubit "'G" - Subcontract Work/Fee Dcterminatian ExJubit "H" - Ti@e VI Assurauces . F,xhi'bit "I" - Payment Upon Tetmination of A,grECmcnt E*hibit , Exhibit "M" - CertiScation Doeumcnts " . ~ l THIS AG]tEEM.ENT, made and entered into this day of betwoe,~n the I.oca! Agency of City of Spokane Valley , Washington, hereiuafter called the "AGENCY" , and the above organirition hereznafter called the "CONSUI.TAN1". DOT Foin► 140-089 EF Page t of 8 Revised 8/05 • W1T1Vl~:SSETH 'PHAT: WliEREAS, the AGENCY desires to accomplish the above referenccd project, and • VVHEREAS, the AGENCY does not have sufficient staff to meet the required commitmcnt and thcrofore deems it advisable and desirabie w cngage the assistanr.s of a CONSULTANT to prnvide the nacessary scrvices for the PROJECT; and . 1 WURE,AS, the CONS[JI.TANI' represents that helshe is in compiiance with the Washington State Staiutes relating to professional registration, if applicable, and has signified a williaguess to fwnish Consulting services ro the ACyENCY, NOW 'T'HEREFORE, in consideration of the term~s, conditicros, covenants ancl perfamance contained herein, or attached and incorporated and madc a part hereof, the parties hercto egree as follows: 1 Gerterat Description of Work The woric under this AGREENiENT shall consist of the above described work and services as hesein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish afl services, labor, and related equipmet neceSsary to canduct and complcte the work as designated elsewhere in this AGREEMEN'I'. II Scope of Work - The Scopc of Work and projected level.of efi'ort required for this PROJEGT is detailed in F.xhibit "A" attached hereto and by this reference made a pArtof this AGItEEMENT. III General Requirements . , All aspects of coordinati.on of the work of this AGREEMENT with outside agencies, groups, or individuals sha2i n~ceive advauce approval by the AGENCY. Nece:ssary contacts and meetings with agcncies, groups, andlor individuals shal! be co4rdinated througli the AGENCY. 7he CONSUI.TANT shall attend coordination, progress aad presentatiou meetings with the AGENCY andlor such Federal, Smte, Community, Ciry or Counry officials, groups or iadividuals as may be requested by the AGENCY.1he AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CUNSULTAIdT parcicipation. The misrimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTAN'1' and slwwn in Exhibit "A." . The CONSULTANT shall prepare a monthly prodres.s rcpart, in a form appraved by the AGENCY, which will oudinc in wrium and graphical form the vxrious phases and the order of perforrnance nf the work in sufficient detail so that the prngzess of the work can easily be evatuated. The-CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the perfonnance of this cuntract The CONSULTAN7, and cach SUBCONSULTANT, shall carry out applicable requiremsnts of49 CFR Part 26 in the award and administraaon of USDOT-assisted coatracts. Failure by the CONSULTANT to carry out thesc reqvirements is a material brench of this AGREEMENf that may result 'vn the tennination of this AG1tEEMENT. Yarticipation fos Disadvantagcd Busiuess Enterprises (DBE), if rcxluired, per 49 CFR Part 26, or participation of Minoriry gusirsess £nterprises (Mt3h), and Womcn Business Enterprises (WBE), shall be shown oa the heacfiing of this AGREEMENT. If D/M/WAE fums are utiliied, the amounts autliorizad m each firm and their cerfific,atinn number will be shown on Exhibit "B" aaac,hed hereto aad by this reference made a parc of this AGREEMEIJT. If the Prime CONSUY.TAIVT is a DBE fum they must comply with the Commercial UsefulFunction (CUF) regulation outliaed in the AGENCY'S "D8E Pragram Participation Plan". The mandatory DBE participation goals of the AGR.EEMENT are those established by the WSDOT'S Highway and I.ocal Programs Project Development Engineet m consultation with thz AGENCY. - Al] Reports, PS&E mateiials, and ott►er data fumishcd to.tlic CONSUI.TANT by the AGENCY shal] be rewrned_ Ail electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in F.xLibit "C." All designs, drawin,gs, specifieations, docmnents, and other wotk products, inctuding all electronic files, prepared by the CONSULTANT prior to eoarpletion or termination of diis AGREEMENT are ic6struments of service for this PROJECT, and are the properfy of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such insuuments of service, nat occurring as a part of this PROJECT, shaA be without liability or legal exposure to the CONSULTAI,7I'. ' . Page 2 of 8 IV Time for Beginning and Completian Ttze CONSULTANT shall not begin any work under the tetms of this AGR.EEvIENT until authoriwd in writing by the AGENCY. A11 wor3c under this AGREEMENT shall bc completed by the datc shown in the heading of this AGREEMIENT under completion date. The established oompletion time shall not be actended because of any delays attribvtable to the CONSIJLTANT, but may be extended bj+ the AGENCY in the event of a detay attributabie.to the AGENCY, or becausc of unavoidab2e detays caused by an act of GOD or governmental ections or other conditions bcyond the control of the CONSUI.T.ANT. A prior supplemeutsl agreement issued by the AGENCY is required to extend the established completion ti.me. V Payment Provisions The CONSiJLTANT shall be paid by the AGENCY for cnmpleted worlt and services rendcred undcr this AGREEMENT as pmvided in Exhibit "D" attached hereto, and by reference made part of this AGi2E'EIvtENT. Such payment shall be full compeasation for work performed or services renderod and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall copform to all applicable portions of 48 CFR Part 31. A post audit may be perfoahcd on thi.4 AGEtEEIvIENT. 7'he need for a post audit will be determined by the State Auditar, WSDOT External Audlt Office and/or at the request of the AGETICY'S PROJECT Monager. Vt Sub-Contracting The AGENCY germits sub-contracts for those items of woric as shown in Exhibit "G" attached hereto and by this refeienve made part of this AGREF.MENT. Compensation for this sub-consultant work shall be based on the cost factors shown on Exhibit "G." . The work of the su!>consultant shall not exceed iu maximum.amount payable unless a prior written 9pproval has_been . _ issued by the AGENCY. , . . All reunbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the s-mne manner as outlined in Secuon V. All sob-contracts shaJl contain all applicable provisions of this*AGREEIvIENT. ' With respnct to sub-consultant Qaymcot, the CONSULTANT shall comply with all applicable sectians of the Frompt Payment ]uws es set lorth in.RCW 39.04.250 and RCW 39.76.012. - The CONSULTANT shall not sub-contract for the performance of.any work undcr this AQREEMENT without prior wcitten permission of the AGENCY. No permission for sub-contracting shall create, betwe:en the AGENCY and sub-cantractor, any contract or aay other relationship. A DBE certifled sub-consultant is required to perfoan a . minimum amaunt of their sub-conaacted agreemen[ that is estxblished by the WSDOT Highways and Local ProgTams Project Deve2opmenl Engipccr in conguitatian wits the AGENCY. . VII Emptoyment The CONSULTANT wanants that they have aot euiployed or retained aay company or person, other thaa n boua fide employr,es worlcing sfllely for the CONSULTANT, tn solicit or secure this contrxet, and that it has noi paid oi ageed ta pay any campany or pecson, other than a bona fic3e aznployee warking solely far the CONSULTANT, any fee, commission, percentage, brokoraga fce, gift, or any other considention, concingent upon or crsuFting from the award or malaing of this contraci.'For breach or'violation of this warrant, the AGENCY sWl have the right to aanul this AGREEMENT without liabiliiy or; in its discretion, to doduct from the AGA:F.EMFWT prir.e'or consideiation or otherwise recover the fuU amount of such.fee, commissian, percentage, brokerage fee, gift, or contiugent fee. . Any and all employees of the COIJSULTANT or other person5 whi2e engaged in the performance of any work or servic,es required of the. CONSUI.TANT uader this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the. AGFNCY, and any and all claims that may arise undcr any Warkmen's Compensation Act on beh,3lf of said emptnym or other persons while so r,ngaged, and any snd all claims mxde by a • Page 3 M 8 third party as a consequencc: of any act or omissiran on the part o£thc GONSULTANr'S ecnployeeq or other persons whi]e so engaged on any of the work or services provided to bc rendered herein, shall.be'the sole obligation and cesponsibiliry of the CONSULTANT. The CONSULTAN°i' shall not engage, on a full- or part-time besis, or other basis, during the period of the contract, any profcssional or technical personnel who are, or have bam, at any time dwing tbe period of the contract, ia the employ ~ of the United States Deparbnent of Transportation, or the STATE, or the AGENCY, except regulariy retired employees, without written consent of the public employer of such person. " VIII Nondiscrimination Uuring the perfoimance of this contract, the CONSLJLTAM', for itself, its assignees, and successors ia i,nterest agrees to camply with the following laws and regulations: Title Vi of the Civil Rights Act of 1964 (42 USC Chapter 21 Sub..hapter V Section 2000d through 2000d4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Sabchaptcr VSection 744) Age Discriiniaation Act of 1975 (42 USC Chapter,76 Section 6101 tt seq.) ' Civil Rights.Restoration Act of 1987 . ' (Pub>>c Law 100-259) Americanwith Disabilities Act of 1990 .(42 USC Chapter 126 Settion 12101 et. seq) 49 CFR Part 21 . 23 CFIt Part 200 ' RCW 49.60.1 80 - 1n Tclation to TitIe Vl of the Civi1 Rights Act of 1964, the CONSI,FLTANf is bound by the provisions of Exhibii "H" attached hereto and by this refr.rence made part Af this AGREEMENf, and shall iaclude the attached Exhibit "H" in every sub-contract, including procurement of materials end leases of equipment, unless exempt by th,e Regutadons or directiyes issued pursuant thereto. tX Term9nation of Agreement The right is resave;d by the AGENCY tQ terminate this AGTZEEMFNT at any tnne npon ten (10) doys vrritten notice to the CONSUC.TANT. In the event this AGR.E;EMENT is terminaud by the AGENCX other than for detault on the part of the CONSULTANf, a final paymcnt sball be made to the CONSULTANT as shawn ia Exhubit `T' foz tbe type of AGRE,EM EN'C used. ' No payment shall be made for any woric completed after ten (10) days following receipt dy the CONSULTANT of tha Notice to 7'enninate. If the accumulated payment made to ttie CONSULTANT prior to Alotice of Termination eaccecds the total amoimt dsat would be due when computeci as set farth herein above, then no final payment shaLl be due and the CONSULTANT shell immediately reimburse the AGENCY for any excess paid. If the services of ttie CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, - the above foimula for payment shull not apply. Page 4 018 In sucb an event, the amouiot to be paid sball be determined by the AGENCY with considcration givea to the actual costs incurred by the CONSU[.TANf in pcrforming the work to the datc of tcrmination, the amount of work originally required whicb was satisfactorily completed to date of-terrnination, whether that work is m a form or a type which is usable m the AGENCY at the timc of termi*+ntion, the cost to the AGErICY of employing aaother firna to coinplete the work r+eguir+ed aad the time which may be required to do so, aud other factors wbich affect thc vatuc to the AGEAICY of , the work performed at the time of tercnination. . . ' Under no circumstanccs shall payment made under this subsection acceed the amount, wflich would have beeu made asing the formula set forth atiove. , If it is aetermined for aay reasan that the CONSUI.TAN'T was not in dcfault or that the CONSULTAIJT"S failwe to perform is without the CONStJLTANT'S or it's employee's default or negligence, the termination sh~all be deemcd to be a termination fot the convenience oE the AGENCY. In such an event, the CONSULTANf would be reimbursed for . actutil costs in accordance vtith the bermwation for othcr than default elauses listed previously. In the event of the deatli of any membcr, parmer or officer of the CONSULTANT or any of its supervisory personnel assigaed to the PROJEGT, or dissotution of the partnersbip, terminatian of the corporaiion, or disaffiliation of the principalty involved employee, the surviving members of the CONSiTLTANT hereby agree to comple#e the vwrk under the terms of this AGItEEMENT, if rcquestcd to'iio so by the -AGENCY. This subsection shall not be a bar to rencgotiation of the AGREEIvIENT between the surviving merobers of the CONSULTANT and the AGENCY, if the AGENCY so chooses. , In the event of the death of any of the parties listed 'm the previous paragraph, should the surviving- members nf the CONSULTANT, with the AGENCY'S concurrence, desire to ternainate this AGRI:EML'IVT, payment shall be made a.s set forth in the second paragraph of dhis seccion. Payment for any gart of the,work by the AGENCY shall not constitute a waiver by the AGETICY of any remedies of a" type it may have against the CONSULTAIJ'T far atry breach-of this AGREEIv1EN"C by the CONSiILTANT, or for faihue of the CONSULTANI' to perform work cequired of it by the AGENCY. Forbcarance of any rights under the AGREEMFNY wn1l not comtiwte waiver of entidement to exercisc chosc rights with respect to any future act or omission by ltie CONSULTANT. ' X Changes of Work . The CONSULTANT shall make such changes and revisions in the cnmplete work of this AGiZEEMENT as necessary to correct errors appegring therein, when required to do so by the AGENCY, without addition$1 compensation thCreof. Should the AGENCY find it desirable for its own puiposes to have previousiy satisfactorily completed work ar parts thereof c6anged or revisecl, the CONSULTANf shall makc such rcvisions as diracted by the AGENCY. This work shall be consid'ered as Extra Work aud will be paid for as hacin provided under Section 1QV. XI Disputes Any dispute concerning questions of fact in connection wit6 the woric not disposed of by,AGREEMENT betwcen the CONSULTANC and the AGENCY sball be referrcd for deternunation to the 17irecmr of Public Worics or AGENCY - Engineer, whose decision in the matter ahFill be final and biading on the partics of tbis AGREEMENT; provided, however, that if an action is brbught cballeng,ing the Director af Public Works or AGENCY Ecgineer's decision, that decision shall be subjact to de novo judicial review. If the parties to this AGREEMENT mutuaUy agee, disputes conceming alleged design errors will be conducted under the proccdures found "m Fxhibit 'P', and disputes cancerning clairus will be eondusted under the proccduures found in Exhibit "K". XII Venue, Appltcabie Law, and Personal Jurisdictlon In the event that either party deem4 it nt.~r.essary to iastitvte legal action or proceedings to enforce any cight or obligation uader this AQR.EEMENI, the pazties htreto agree tbat any such action shal] be initiated in the Superior coaut of the State of Washington, siwated in the counry in which the AGENCY is IUCated The paNies hereto agree that aU guesaons sh,all be resolved by application of Washington law and that the parties to such action shall hava the right of appeal trom such decisions of the Superiar court in aceordance wA the laws of the State of Washington. The CONSULTAN7 hcreby consents to the pessonal jurisdictioa of the Supcrior court of the Srate of Washington, aituated in the county in which the AGENCY is lacaud. . , Page 5 of 8 X{II Legal.Relations The CONSUZTAN'T sball compty with all Federal, State, and local laws and ordinances applicable to the work to be done tiader this AGREEMEM'. Tlus contract shall be intcrprete:d and construed in acxordance with the taws of the Statc of Washington. The CONSLTLTANT shnll indemnify and hold the AGENCY and the STATE and its off cets and employees harmless from and shall process and dcfend at its own expense all claizns, demands, or suics at law or equiry arising in whole or in . % part from the CONSULTANT'S negligence or breach nf any of its obligations under this AGR.EIIMEIVT; provided tbat nothing herein sh,all roquire e CONSiJLTANT to indemnify the AGEAIC'Y or the STATE against and hald harmless the AGENCY or the STATE from claims, deinands or su.its bascd solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided furthcr that if the claims or suits are caused by or result fiom the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and «nployees, this indemnity provision with respcct to (1) claims or suits based opon such negligencc (2) the costs to the AGENCY or the STATE of defendiitg such claims and suits shall be valid xnd enforceable onty to the extent of the CONSULTANT'S negligencc or the ncgligcnce of the CONSULTANT'S agcnts or employces. The CONS[JI.TANT'S relatian to the AGENCY shaU be at a11 times as an indepertdent contxactor. . The CONSiJLTANT shall coia,ply witb aIl applicable secaons of the appiieablo Ethics laws, including RCW 42.23, which is ttie Code of Echics for regulating cantract interest by municipal off cers. The CONSULTANT specifica.lty assumrs potential liabiliry for actions brought by the CONSiJi.TANT'S own cmpluyces agairast the AGENCY and, c,olely for the purpose: of this indecnni.fcation and defense, the C4NSUL7AM' specifically waives any immunity under the state indnstria] insurance law, Title 51 RCW. Unlcss othcrwise specified in the AGREFiild£TI"C, the AGENICY sball be responsible for administration of construcaon contracts, if any, on the PROJECT. Subjcct to the proc:essing. of a new sole source, or an acceptable supplemental . aSreement, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract adrninistration. By providing such assistance, the CONSULTANT shaU assume ao responsibility for. proper construction techniques, job site safeiy, or aay construction contractor's failure to perform its woric in accardancc with the contract documcros. - The CONSULTANT shall obtain and keep in force during the termS af the AGREEN[ENT, or as otherwise requirul, , the followin,g inswance with companies or through sources approved by t}~e Staie Insurance Cornmissioner pursuant to Tide 48 RCW. lnsurance Coverage A Worker's compeasadon and employer's liabiliry insurance as requireci by the STA"T£, B. Commercial general liability and progerry damagc insurancc; in an aggn:gute amount noCless than two million clvllars ($2,000,000) for bodily injury, inc3uding death and propercy dwaa;e. `1'las per occurrence arnount slinll not eccecd onc million dollars ($1,OO0,aUO). . C. Vehicle liability insurance for any automobile used in an Amouat not less tfian a one million dol)ar ($1,000,000) combined single limit Exceptiag.tte Worker's Compeasation ]msuranec and any Professional Liability Insnraace secured by the CONSULTANI', the AGENCY will bo named on all poticies as an additianal insured. The CONSULTANT shall ' furuish the AGENCY with verification of insurance and endorsemcnts rcquirod by the AGREF.MEIJT. The AGENCY reserves the right to require complete, certified copies of all nquired insurance policies at any time. All insurance shall be nbrained from an insurance company authorized to do business in the Sts+te af Washiogton. The CONSULTANT shaIl submit a verification of insurance as oudined abave wittiin fourteen (I4) days of the exccution of this AGREEEMENT to the AGENCY. No caneellagon of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. Thc CONSULTANT'S professional liability to the AGENCY shall be Liauted to the amoont payable uader this ' AGREEMEN'f or ane million ($1,000,000) doUurs, whichevtr is the greater, uniess modificd by Exhibic "L". Ia ao ' case shall the CONSULTANf'S professianal liabiliry to third parties be limited in any way. . f'age 6 of 8 T'he AGENCY will pay no progress payments under Section V ontil the CONSULTAM' has fu12y camplied with this section. This remedy is not ccclusive; and ttie AGENCY and the STATE may mke such other acdon as is ava.ilable to it uader other provisions of this AOR.EE1+IElVT, or otherwise in Iaw. XIV Extra Worlc - A. The AGfiNCY may at any time, by written order, make changcs within the general scope of the AGREIIvIENT in the serviccs to be performed. B. If any suGh change causes an increase or decrcase in the estimated cost of~ or the time required for, performance of any pact of the wark under this AGREENffiWf; whether or not changed by the order, or otherwise affecis any other terms and conditions of the AGREEMEIJT, thc AGENCY shall make an equitable adjustrncnt in the (1) maximum amauni payable; (2) delivtry or completion schedule, or both; and (3) other affected terms and shaU modify the AGREE'v1ENT accordingly. C. '1'he CONSULTANf must submit eny "request for equitable adjusanenc", hereaRer referred to as "CLAIM", under this clause within t}urty (30) days from the dam of receipt of the written order. However, if the AGENCY dccides that thc facts justify it, the AGENCY raay receive and act upon a CI AIM submitted before final payment of tho AGREEMENT. D. Failure to agree to any adjustmcnt sba11 be a disputc undtr the Disputes clause. Howevcr, nothing in this clause sha11 eaccuse the CONSiJLTANT from prnceeding with the AGREEl►SE1dT as changed. E. Norivitbstanding the terms and conditions of paragraphs (A) pnd (B) above, the meximum amount payable for ttus AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this ' AG1tEFMEN'T. XV Endorsemenf of Plans If applicable, the CONSULTANT sball plaae their endorsement on Fill pLans, cstitaates, or any other engineering data fiunished by them. `XVI Federat and State Review - The Foderal Highway Administration and the Washington Statr; Departinent of Transportation shall havethe ri,ght to participate in the review or eaamimation of the work in progress. XVII Certification of the Consuttant and the Agency Alwcbed hereto as Exhibit "M-1(a and b)" arc the CeRificabons of the CONSUI.TANI' and the AGENGY, Exhibit "Iv1-2" Certificatioa Regarding Debarment; Suspension and Other Responsi`bility Matters - Primary Covered Transactions, Exhibit "M-3" Certifzcation Regarding the Restrictirnss of the Use of Federal Funds for I.obbying and Fachibit "M-4" Certificate of Cutrent Cosi or Pricing llata. F~chibit "M-3" is required only in AGREELV1EN'TS ovec $100,000 and kehibit "M4" is required only in AGREEMENTS over $500,000. XVIIi Complete Agreement 'Chis documenrt and referenced attachments contain all covenants, sapulatiom, and provisiolu agreed upon by the parties. No agent, ar representative of either party has aatbority to make, and thc parties shall not be bound by or be liable for, any siateinmt, rcprescntation, promise or agcement not set forth bereia. No changes, amenciments, or mndifccatioas of the terms hereof shall be vslid unlcss roduced to writing and sigo.od by the pbrties os an amendment to this AGREEMEN'T. XIX Execution and Acceptance This AGRFF.M]cNT may be simultaneousty executed in sevesal countesparts, each,of which sball be deemod to be an original having identical legal effect. The CONSULTANT does hereby rati£y and adopt all statements, sepresencations, warmacs, covenants, and agteemennts contained"in the proposal, and the supporting material submittsd by tlze CONSiJL.TANT, and dces hereby aocept the AGREEMENT and agrees to all of the terms and condition.c thereof. . . - Page 7 of 8 In witness whereaf, the parties hereto have execvted this AGREEMENT as of the day and year shawn in the °Execution Date' box on page one (1) of this AGREEMENT_ ay By , Consultant qqency ~ ~ DOT FR~ 6py ~ Page 8 of 8 . Exhibit D-2 Payment (Cost Plus a Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and seivices rendered under this ~ AGREE Ni as provided hereinafter. Such gayment shall be fiill compensaticm for work performcd or services rendered and for all labor, snaferials, supplies, equipment, arsd iacidentals necessary to complete the work • specified 'sn Sectzon II, "Scope of Woik." The CONSUL 1'AN 1' shall conform to all applicable portions of 48 CFR ' Part 31. • A. Actual Costs: Faymeat for all consultiag services for tbis PROJEG"T shall be on the basis of the CONSIJLTANT'S actual cost plus a fixed foe. 'fhe actual cost'shall include direct salary cost, overhead, direct non-salary costs, and fixecl fce. 1. Direct SaIary Casts: The ,Direct Salary Cost is the direct salary paid to principals, professional, technical, and clcrical personnel for thetime they are productively engaged in work necessary to fulfill the terms of tlus AGREEMENT. The . CONSULTANT shall maintain support data to verify the direct salary costs billed . to thc AGENCY. 2_ Overhead Cosis: Ovechead Casts are those costs other than d'uect costs, which are included as such an the booksof the CONSiJLTANT in the normal everyday keeping of its t►ooks. Progress payments shall be made at the rateshown m the heading of this AGREEMENT under "Overhead Progress Payment Rate." Total overhead paymentshall be based on the method shown in the heading of the AGREEMENT. The two options are explained as follows: a. Fixed Ratc: If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse the CONSULTANT fvr overhead at the . percentage rate shown.lbis rate sha11 not change during the life of the AGREEMENT. b. Actual Cost; If this method is indicated in the heading of the AGREEMENT the AGENCY agrees to reimburse.the CONSULTANT the achual overhead costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEIvIENT, when accumulated with all other Actual Cosis. A summary of the CONSULTANTS cost estimate and the overhead computation is shown in Exhibit "E" attachrd hereto and by this refe=ce made part of this AG17:EEMENT. Wheu an Actual Cost method is u.sed, the CONSULTANT (primc and all sub-consultants) will submit w the AGENCY within six, (6) months after the end of each firm's fiscal year, an overhead schedule ui the format raquired by the AGENCY (cost category, dollar eacpenditures, etc.) for the purpose of adjusting the overhead rate for bilLing purposes. It shall be used for the computation of progress payments during the following year and for setroactively adjusting the previous year's overhead cost . to reflect the actual rate. . 0oT Fom, 140-M EF Extibn o-z Revisw arob Failure to supply this infnmiation by either the prime CONSUI..TANT or any of their sub-consuItants shall cause the AGENCY to withhold payment o#'the billed overhead casts until svch time as the required information is received and an overhead rate for billing purposes is approved_ ~ The AGENCY, STATE and/or the Federal Government may perform an audit of the , CONSULTANT' S books andrecords at ariy time during re:gular business hours to detcrmine the actual overhead rate, if they so desire. 3. Direct Non-Salary Costs: Ditect Non-Salary Casts will be reimbursed at the Actual ' Cost to the CONSLJLTANT. These charges may include, but are not limited to, the following items: travel, printing, long disiance telephone, supplies, computer cbarges and fees of sub-consultants_ Air or train travei will be reimbursed only to economy class levels unless otherwise approved bythe AGENCY. The CONSULTANT shall comply with ttie niles and regulakions regarding travel costs (excludimg air, traizi, aad rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. Hov►rever, air, train, and rental car costs shall be reimbursed in accorclance with 48 Code of Federal Regulatioas (CFR) patt 31.20546 "Travel Costs." The bitling for Direct Non-Salary Costs shall include an itemized tisring of the charges directly identifiable with the PROJEGT. The CONSULTANT shall maantain the orzguial supporting dacuments in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above chargcs must be necessary fcir the services provided under this AGRE.FM.ENT. , 4. Fixed Fee: '1'he Hixcd Fce, which represents the CONSULTANT'S profit, is shown in . the heading of kliis AGR.EEMENT under Fixed Fee_ This amount does not inGlude any additional Fixed Fee, which could be authori2ed from the Management Reserve Fund_ ' Tbis fee is based on the Sccrpe of Woric defined in this AGRF.EMEN I' and the . , estimated pers4n-hours rf:quired to perform the statod Scope of Work. In the event the CQNSULTAN'T enters into a supplemental the fnr additional work, the supplemental AGI2EEMEiNT may iaclude provisious for ttie added eosts and an appmpriate aciditional f'ee. The Fixed Fee will be prorated and paid monthly in proportion tn the percentage of work completed by the CONSUL-TAIdT and repprted in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previeusly paid in the progress payments will be coverod in the final paymmt, subject to the provisions of Section IX entitled "Tenmination of Agreement" 5. Management Reserve Fund: The AGENCY may desire to establish a Mauagement Rcsc,rvc Fund tD provide the Ageement Administrator with the flexibility to authorize ' additional funds to the AGRF-EMENT for allowable unforeseen costs, or reimbursing . the CONSULTANT for additional wark beyond that aIready defined in this AGREEMENT. Such authorirBtion(s) shall be in writing and shall not excced the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREF.MENT. The amount included for the Mauagement Reserve Fund is showri in the heading of this AGREEMEAIT. This fund may not be replenished. Any cbanges requiring additional cnsts in excess of the Management Reserve Fund shall be made in accorda,nce with Section XIV, "Extra Woric." . 6. Maximum TotaJ Amount Payable: The Maximum Total Amount Payable by the AGENC.Y to the CONSULTANT under this AGREB4ENT shall not exceed the . amount shown in the heading of chis AGREEMENT. The Maxunum Total tlmount Payablc is comprised of the Total Amount Authorized, and the Managemcnt Rcserve Fund. The Maximum Total Atnount Payable does not include payment for Factra Work • as stipulated in Sectian XIV, "Ectra Work" No minimum atuount payable is - guarantoed under this AG1tEEMENf. B. Monthly Progress Payments: The CONSULTAAIT may svbmit billings to the AGENCY for . rcimbursanent of Aclual Costs plus the calculated oveahead and fee on a monthly basis during the progress of the work. Such billings shall be 'tn a format approved bythe AGENCY and accornpanied by the monthly progress reports required under Section lII, "General Requirements" of this AGREEMENNT. The billings will be supported by an itemized listing for each item includmg Direct Sa1ary, Direct?Jan-Salary, and allowable Ovcrhead Costs to which will bc 3ddcd the prorated Fixed Fee. To provicle a means of verifying the billad salary costs for CONSULTANT employees, the AGENCY may canduct employee intaviews. These inierviews may consisi of ' • recording the naznes, titles, salary rates, and present duties of those employees per#'orming work on the PROJECT at the time nf the intcrview. C. Final Payment: Final l'ayment of any balance due the CONSULTANT of the gross amount earned will be made promptly ugon its veriEication by the AGENCY after the completion af the work under this AGREEMENT, contiugeni upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other relatei documents which are requixed to be fiunished under this AGRFF..MENT. Acccptance of such Fiaal Payinent by the CONSULTANT shall eonstitute a release of all claims for payment, wbich the CONSULTArT may have ega'rnsf the AGENCY unless such claims aze spoci,ticallyreseived in writing and transmitted to the AGENCY by the CONSULTANC prior to its acceptance. Saicl Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CbNSULTANT or to any remedies the AGENCY t~ may pursue with respect to such claims. ' The payment of any billing will uot constitate agreement as to the appropriateness of any item and at the tinae of final audit, all required adjustments will be made and reflecied in a final payraent In ' the event that such fmal audit reveaLs an overpayment to the CQNSULTANT, the CONSULTANT will refund such oveapayment to the AGENCY within thirly (30) days of notice of the overpayment. Such refund s}iall not constitute a waiver hy the CONSULTANT for any claims ielating to the validity of a finding by the AGENCY of overpayment. The CONSUI,TANT has twenty (20) days after receipt of the fmal FOST AUD1T to begi.n the appeal proces.s to the AGENCY for audit fmdings. D. lnspection of Cose Records: The CQNSLJLTANT and thcir sub-consultants shall keep available for • inspaction by represmtatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMEN? and all items rclated to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connectian witli, or related to this conVact is initiated befnre the expiration of the three (3) year peri.od, the cost recards and accounts shall be: retained untit such litigation, claim, or audit involving the records is completod. . . r . City of Spokane Valley Exhibit E-1 . _ ...a.s - . . , - . . . . . . ..'1/alleyCarridor;.Project:°:..': . . . . . . . ; -~CH2MHill Employee or Category Hrs. x Rate = Cost 1 Marlena Guhlke 144 r$r 50.13: $ 7,218.72 2 Jeanne Acutanza/ SEA . 126 '.5U:48, $ 6,360.48 3 Jim Dir►gfield/ SPK 18 •.43.50 $ 763.00 4 Pat Krych/ SPK _ 58 _$1 ._"36.89:.. $ 2,139.62 5 Terry Yuen! SEA 203 3U,58' $ 6,207.74 7 Sarah Mllroy . 32 16:80 $ 537.60 8 Andrew Barash 84 27-.98 , $ 2,350.32 9 Beckman Yansura 62 '50:00 ; $ 4,100.00 10 See 80 -20:02 $ 1,601.60 11 Pitrler 31 1 50:81 $ 1,575.11 13 Office/ Administraaon 36 ,..2126$ 765.36 Total Hrs. 894 $ 33,639.55 Dfrect Safary Gosi • $ 33,639.55 Direct Salary Escalation Cost (estimeted) . ' 2005 t0 2006 0% $ - Total Direct Salary Cost $ 33,639.55 Overhead Cost 0 168.7Q°16` of DireCt Lebot $ 56,749.92 Net Fee @ 12:0°~O of Direct L"abor + Overhead $ 10,846.74 Total Overhead & Net Fee Cost $ 67,596.66 ~ J Total Direct Salary Cost $ 101,236.21 Direct Expenses Reproduction Cost No. Each Cost Reports 500 $0.05 g25.00 Misc. copies 0 $0.05 $4.00 Reprographics LS 1 $120.00 MafUDeliveriesletc. LS 1 . $3:0.00 Mileage 1150 Mi. @ $0.405 IMile $465.75 Auto RenteUGasoline 3 days @ $50 /day S150.00 Lodging 8 days @ $60 /day $640.00 Aerial Photographs 0 $0.00 Travel Total (airfare, train, etc) 7 $200 $1,400.00 Equipment Rentals, EDM, GPS $0.00 Service Center Charges 894 hrs. @ $5,40 /hr. $4,827.60 Health & Safety days @ $1.50 lhour $0.00 - • 7,658.35 SuboonUacts Ruen & Yeager $28,500.00 Counts $5,500.00 Sub 3 $0.00 Sub Total $34,400.00 Subtotat Direct Expenses $ 41,65.8.35 , ~ .J Subtotal $ 142,895 Contingency (10%) $ 14,289 Total $ 157,184 Exhibit G Subcontracted Work Thc AGENCY permits subcontracts for the following portions of tie work of this AGREEMENT: Ruen YeAPer Traffic Crnmtc L.' DOT Fam 140-089 EF Fxtdbit G Revte4 61Q5 ' Exhibit H Titte VI Assurances ~ During the pedormance of this AGREEMENT, thc CONSULTANT, for itself, its assignees, and successors in interest agees as follows: 1. Compliance wich Regulations: The CONSULTANT shall comply with the lzegulations relative to non-discrimination in federaliy assisted programs of the AGENCY, Tide 49, Codc of Federal Regulations, Part 21, as they may bc amended Gom time to time (hereinafter referred to as the "REGULATIONS"), which are herein incoiporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performcd during the AGREEMEN'1', shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of suh-consultants, incluciing procurement of materials and teases of equipment 'I`he CONSUL.TANT shall not participate either d'uectly or indirectly in the discrimination prohibited by Scedon 21.5 of the REGULATIONS, including empIoyment practiees when the AGREEMENT covers a proga.m set forth in Appendix B of the REGULA"fIONS. 3. Solicitations for Sub-consultants, Including Pracurement of Materials and Equipment: In all soiieitations cither by cpmpetidve bidding or negatiations made by the CONSULTANT for work to bs perfomled under ' a sub-contiact, including procurement of materials or leases of eyuipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSUL"I AIVT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination Qn the grnunds of race, color, sex, or national origin. 4. information and Reports: The CONSULTANT shall provide all information and rf:ports reqaired by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, anci its facilities as may be determined by AGI:NCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain campliance with such REGUGATIONS, orders and instructions. Wherc any information requirei of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it 6as . made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANf'S non-compliance with the non-discri.minstion provisions of this AGREEMENT, the AGENCY shall impose such AGREEVLENT sanctions as it, the STATE or the FHWA may determine to be appropriate; including, but not limited to: Withholding of payments to the CONSULTANT under the AGREEMEi'JT until the C0INSULTANT cnmplies, and/or; . • Cancellation, termination, or suspension of the AGItEEMENT, in whole o~ in part DOT Farm 144089 EF Exhmit H Rsvised 6105 6. Incorparation of Provisions: 'fhe CONSCJLTANT shall include the provisions of paragraphs (1) through (S) in every sub-contract, including procurement of materials and leases of equipmcnk, unless exempt by Yhe REGi3LATIQNS, or directives issued pursuant thereto. The C4NSU[,TANT shall take such action with respE:ct to any sub-consultant or procurement as thc AGENCY, STATE or FHWtA may direct as a means of enforcing such provisions including sanctions fnr non-compliance. _ Provided, however, that in the event a CONSULTANT becnmes involved in, or is tbrcatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSUC.TAN'1` may request the AGk.NCY and the STATE enter into such litigatinn to protect the interests of the AGENCY and the STATE and, in addition, the CONSIJLTANT may request the United States enter into such litigarion to protect the iraterests of the United States. . , Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) . Lump Sum Contracts A final payment shall be made to the CONSULTANT which whcn added to any payment.s previously made shall toW the same percentage of the Lump Sum Amount as the work completed at the time of tennination is to the total work rtxiuired for the PROJECT. In addikion, the CONSUL`I'ANT shall be paid for any authorized extra , work completed. . Cost Plus Fixed Fee Contracts A fnai payment shall be made to the CONSULTANT which when added to any payments previousiy made, shall total the actual costs plus the same percentage of thefixed fee as the work completecl at the time of termination is to the total work required for the Project. In addifion, thc CONSLILTA~~TT shall be paid for any authorized extra work completed. ' Specific Rates of Pay Contracts A final payYncnt shall be made to the CONSULTANT for actual hours charged at the time of termiaation of this AGREEMENT plus any d'uect nonsalary costs incurred at che time of termination of this AGREEMENT. Cast Per Unit of Work Contracts A fiual payment shall be made to the COINSU1."1 ANT for actual units of work completed at the time of terinination of this AGREEMEiIT. ' OOT r-offn 14b-089 EF Exhidit I Revised 6105 Exhibit M-1(a) Certification Of Consultant Projoct No_ 05-002 Local Agency I hereby ccrtify tbat Iam and duly authorized representative af the firm of CHZM HII.I,, INC. whnsc: address is 9 South Washington, Suite 440, Spokane, WA. 99201-3709 and that neither I nor the above fum I here represent has: (a) Employed or retained for a commission, percentage, brokexage, contingent fee, or other conside.rakion, a►ay fitm or person (ather than a liona fide employee worlang solely for me or the . abovc CONSULTANT) to solicit or secure the A(3REEMENT; (b) Agreed, as an express.or implied condition foz obtain.ing this contract, to employ or retain the • - services of any Fum or pcrson in connection with carrying out this AGREEMENT; or (c) Paid, ar ggced to pay, to any fmn, organization or person (other thau a bona fide employee woTking solely for me or the above CONSULTANT) any fee, cantribution, donation, or consideration of any kind for, or in connection with, procuriAg or carrying out this AGREEMENT; except aq herehy expressly stated (if any); . I aclnowledge that this eercificate is to be available to the VJashington State Department of Transpartation and the Fedcral.Highway Admuiistration, U.S. Depamnent of Transportation in canneciion with tius AGREEMENT involving participation of Federal-aid higt►way funds, and is ~ subject to applicable State and Federal laws, botb crimiual and civil_ . ate ignature l DpT wrm 140a9 EF EAfttW(a) Revisod 6106 Exhlbit M-1(b) Certifrcation Of Agency Official ; I hereby certify that T am the AGENCY Official of the Local Agency of City af Spokane VaUey , Washington, and that the consulting.firm or its representative has not bet.~n required, d'uectly or indirecily as an express or implied coadition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or reta;b, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donatzon, or , consideration of any kind; except as hereby expressly statea (if any): I aclmowledge that this ceriif:cate is to be available to the Rlashington State Departmemt of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with tbis AGREEM.ENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal ancl civil. ate S~nature DOT Forrn 140-089 EF Exnina M-I(e) Revised 6l05 Exhibit M-2 Certification Regarding Debacment, Suspension, and Other Responsibility . Matters-Primary Covered Transactions - f L Tbe prospecrive primary participant certifies to the best pf its laiowledge and belief, that it and its ' principals: A. Are not presently debazred, suspended, proposed for debarment, declazed ineligible, or voiuntarily excluded from covered transactions by any federal departrnent or agency; B. flave net witiun a three-year peziod preceding this praposal been convicted af or had a civil judgnent rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performmg a public (federal, state, or local) transaction or cantract undeT a public transaction; violation of federal or state ancitrust statues or commission of cmbezzlement, thefl, forgery, bribery, falsification or destruction of records, making false statemetits, or receiving stolen property; C. Are nnt presently indicted for or otherwise criminaUy or civilly charged by a govel-nmental entity (federal, state, or local) with commission of any of the offenses enuznerated in paragraph (I0). of this certification; and D. Have not within a three (3) year period preceding this applicatioii/proposal bad one or more public transactions (federal, state, or local) teiminatecl for cause or defau.lt. IL Where tbe prospecctive primary parCicipant is unabte to ce7tify to any of the statements in this certification, such prospective participant shall attach au explanation to this proposal. Consultant (Vum): CH2M H1LL, INC. . (Date) (Signature) President or Autfwrized Officlal of Consultant . . i . . OOT Form t 40-089 EF Ezhieil AA-2 Revtsed 610b Exhibit M-3 Certification Regarding The. Restrictions of The use of Federal Funds for Lobbying Tlte prospeciive participa.nt certifies, by signing and submitting this bid or proposal, to the best of his or her }mowledge.and belief, that: ~ 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to ' - any person for i.n.Ruencing or attempting to influence an officer or employee of any Federal agency, a member of Congcss, an officer or employee of.Congress, or an employee of a member of Congess in connection with the awarding of any Ferderal contract, the making of any Federal grant, the maldng of any Federal Ioan, the entering into of any cooperative agreement, and the extension, contiuuation, reanewal, amendment, or modification of any Fedeial contract, grant, laan, or cooperative agraemcnG 2. If any fimds othet than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an oflicer or employee of any Federral agency, a member of . Congress, an officer or employee oFCongress, or an cmploycx: of a mcmber of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersi6med shall complete and submit Standard Form-LLL, "Disclosure Form to Reporf Lobbying," in accordance with its instructions. . This ccrtification is a material representation of fact upon which reliance was placed when this transaetion was made or entered into. Submission of this cercification is a prerequisite for making or enteting into this transaction imposeci by Section 1352, Title 31, U.S. Code. Any person who fails to file the requircxi ecrtification shall be subjact to a civil penalty of not less than $10,000 and not more than $ 100,000 for each such failure. The prospsctive participatit also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certificahon be included in all lower tier subconcracts w1ucL exceeci $104,000 and that ail sucb subrc;cipicnts shall certify and disclose aecordingly. . . Consultant (Firm): CH2M ML, INC. , ' (pace) .(SGgneNre) Rresident ar AuthorSzed Otfiaal of Consultant . • ~ ~ DOT Fortn 14p-089 EF Ex%bit W3 Reviscd 6106 • Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best oFmy knowledge and behcf, thc cosi or pricing data (as defined in seetion 15.401 of the Federal Acquisition Regulation (FAR) and requireci under FAR subsection 15.403A) submitted, either actual}y or by specific identi,ficakion in writing, to the contracting officer or to the conCractic►g o£ficer's representative in support of Eng'r Services fnr the Valley Corridor Analysis " . are acxurate, coxnplete, and current as of Junc 16, 2005 This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between . the offeror aud the Govemment that aze part of the proposaL Fian CH21M HILL, INC. Nama Title Date of Ececution*"* . Identify the pragosal, quotacion, request for price adjustment, or other subuLission invntved, giving the appropriate idcntifying numbex (e.g., K.C1' No.). Insert the day, month, atid year when price negotiations were coneluded and price agreement was reached. Insert the day, month, and year of signing, which should be as close as practicable to the date • when the price negotiations were conehided and tfie eonvact price was agreed 'to.. . . DOT Fom,l4o-os9 EF Exhibf! luf-a Revised 6NS Scope of Work ` Spokane Valley CorridorAnalysis City of Spokane Valley, Washington June 10, 2005 1.0 Introduction The purpose of kh.is scope of work is to establish the speci.fic scope of professional enpineering services for thc Sgokane Valley Corridor Analysis (Corridor Analysis), and basis for compensation as part of an agreemeiit bettiveen CI-MM HILL and the City of 5pokane Valley (Spokzne Valley). Additional scoping•for further environmental documcntatian and design Na,,ork may be adcled through a supplemental a~.>,reement at a laler date. If such change,s affect CH_2M HILL's edst or the time required for performance of the scrvices, an equirable fee adjustntent will bc made through an anlendn-ient l•o lhis agreement. CH2:lV1 H1LL HTill notify Spokane Valley in writing prior to the occurrence of a change and will provide 1n estimate of the cost i.mpact. Wvrk will not bc sharted on oul•-of- xope wark iuttzl ti=riltPn authorization from Spokanc Valley has been received. ThiS scopc of work represen4s the first phase of an cnvironmental evaluadon associated with the NEPA envixonin.enta.l process for the proposed Valley Coeeidnr project, which consists of cArridor i.mprovements along Sprague/Appleway through Spokane Valley from Universicy Road to east of llora Road. Phases of work are a.nticipated to be as Eollows: • Phase I: 17 stablish a statement of purpose and need For khe project, and conduct an analysis of alternat-ives with the work prociucts beu1g l•ec.hnical memorandums khat lead to a tiraftTransportalion piscipli.ne Report (TDR) fnr corridor inlprovement,s. Alternatives HTill be evaluated on the basis of enviranmental information provided by a Draft Environmeyzinl Assessnrenf (prcpared by Jpnes & Stokes, May 17, 2002) and updatulg that informatiQn with two additional broad-based analyse,s, one fcar lransportation and the other an economic analysis. The econoni.ie analysis will consisl of evaluati,ng the fi.nal ` four altcrnatives (including basel_i.ne/no build), using the SFrragu-e/Applezvay Econornir. AnaIysis prepared by FcciNorthwest (October 2004). The transportation analysis will includt a 2030 Aitif Peak Nour anal}'sis for each af the final four alternalives. All•opeYher, the environmcntal evaluation will develop a defensible purpose iind nctd shatement for a preferred alternadve and provide support for placement on the Mttropolitan Transportation Plan (ViTP) for seeking fundir►p of these corridor i.mprovements. • Yhase II: Compl.ete additional environmenhal analyses and su.rrtrna.r.ize in a final Environmentzl Assessment (EA) nr llacu.mented Categorical Exclusion (DCE), which will be submitted to khe lead agencies for SEPA/NEPA defiermination. Phase TI is not ~included in this initial scope of work. 5P}(16K36901400310 1 315S71.B1.TP fiCOPE OF 4YORK aPOKAPlF VAl.I,EY OORRIOOR AkAI.Y$IS, CIiY OF SMX(.MlE VAl1EY. WASlUAlGTON Gcneral assumpNons usEd in the devclopment of this scope af work are noted below. A ; work plan is provided as ExhiUil• T. Specific task-rc.lated assumptions are provided with ' each task descript•ion in Section 3. Sectipn 4 presEnts the tentative deliverables sehedulc for \~I the 4-month project, and $eclion 5 beeaE:s out the cosl estimates for ]'hasE I of this werk. 2.0 General Assumptions General assi.unpdons related to the entire scape of work: "I,. 'I'his scope of work is intended to nieet requirements Qf the Washinglon Slate Department of Transporkation (W5170'I) l..ocal Agency Guidelines (I,.AG) Manual Secti.on 245, to establish Pu.rpose a.nd Need and compaxP proposed alternat7ves in the 2030 PIN4 peak hour. A]ternatives tirill be ident-ified arid a r.tvn.i.mum of fuur alternakives will be evaluated (inclucling baseline/na build). lf addiHonal reasonable alternatives are proposed and/ ar dcvElaped, revisions tU this scope of work and a fee adjustmcnt will be necessary. If 2010 an.ilysis (year of opening) is nceded for the Transpartation Discipline Report, it can be conducted in a future phase. 2. ThE work will be contracted and a Noticc to Proceed ~will Ue issued by Spokane Valley with a wdrk duration of 4 monlhs, which is based on necESSary aaha and other supporting infarmation being rcadily availablc, as wcllas baseti on mcctings bcing schcdulyd in a timcly f-tshion for all partieipating parties. It aLso assumES that the partii:s can quickly reach agrtemcnt on Corritior Anzilysis methods anci assumptions, evaluation criteria for altei-natives, and selection of a prefcrred alternative. , ~ . SPK18K358IC614C0a10 2 SCOPE OF 4VORK, SPOKANE VALLEY OORRIDaR AMAl.YSIS, piY pF $POMNE VALLF-Y, WASNINGTON ' 3.0 Scope of Services Task 1: Project Management and Agency Coordination Task 1.1 Partnering Agreement CI I2h4 HII.L will assist Spokanc Valley in establishing a praject parlllering agreement (noting agency concurrence) with the key participating agencies. This zgreemPnt will establish who wili be invited to attcnd the tech.n.ical (Intcrdisciplinary'1'eam - 1171) meekings fur thE project, and will describc their role as techn.ical or advisory. Agencies Pxpected to participafie i.n a technical rolc 7re WSDO'C', 5pokane Vallcy Chamber of Cnmmeece; Spokane Caunty, Spokane Transit Authority (5"CA), and Spokane Valley. Other agencies expected to serve i.n an acivisory role as parl of the Advisory Team (A'I') are the T'ederal I-iighway Ad.utinistration (FH WA), VVSOOT, and Spokane flegional Transportation Council (SRTC). Each partieipating agei-icy wil] need to assign ar► individual to paxticipate at the IDT mectings, w1d those agency representatives will be idenkifizd in the agreement. ThE AT is asswnEd ln includP agency staff that can provide policy gu.idance a5 nceded thraughout lhe . projcct, including design/tra£fic staff from WSDC7T headquarters and FHWt1. Task 1.2 Project Meetings IDT Meetings CH2IVI HILL will attend up to four (4) ID'T cneetings that include technical slafF _ (stakeholders) noted above. It is anticipated that the first rneeting will be necessary to cqnfixm Corridor AnaIysis para.m.eters and ev3luation criteria, and lo identi.fy alternatives; the second mceting will be to review an initial evaluation of alter.nakives; the thixd meeting will be tu rEply to Colnments on thc alternatives evaluation; and tlte fourth mec-ting will bE to gain consensus on a preferred altcrnative. 1'he A7' will be i.nvited to all IDT mectings. Open Houses CI I2M HILL will attend tvvo (2) open houses (meetings), the first to gath er input on identifying allernativP.s a.nd evaluation criteria, and the second to be helci in conjunction with thc final stakeholdee ITD meeting, to present resu.lts to the cammunity as recammended .ut the 4VSDOT LAG Mai1ua1. - SRTC Meeting C.H2M HILL will al•tend one SCZTC mceting, to present projPCt i.nforrnatian for thc-purpose of adcling the project• to l•11Q MTP. Task 1.3 Project Management ' In addition, CI I2M HILL will provide project management services tihat will indude preparation of four (4) monthly invpices and progress reports, caordinadon of staff, a.nd administration of overal,l quality on projcct deliveraUles. Il ssumptions: Up Yo four (4) IDT meetings are anticipatea with agcnciES and Spoka.ne Va.lley. Key agency 1 stakEholders or 1:[a"I" members for this Corridc~r A.nalysis include SRTC, WSDOT, FHWA, ~ Spokane County, Spokane Val.ley, and SpokanE Valley Chamber of Com.rnerce. ~ SPI4~C3b810.514U0010 4 • scoPE oF avowC sKxv,NE vauFt cflrtMocR ANALvSts, cilr oF SPOKAttE vaLLEv, Vr'ASHIRGI'Ok A meeting is included for attending an SRTG TTC meeting (held on the third 'Weclncsday of each month). Also, two optn houses (puUlic ineetings) will be held, anc of which will be ~ schEduled in conJuncdon with onc of ille 1DT n-ieetings. Al.l nleetings will Ue conductEd in the Spakane area. IaeTivernbles: ParhtEring AgreemcnP dactattent, ntecting c;t-tEiirlance, sununary of rrceePir:g discussiuns, ancl four (4) nianthly invoices and pTOgress reports. Task 2: Data Collection Technical Memorandum CF-12M l IILL cvill prepar.e a data collection techniea.l mc:morandtun idcntifying cii:sirable aata neecietl for the Carridor Analysis. Spokane Valley will assist in providing and collecting clata. Traffic counts arE Expccted to be provided Uy others and should have Ueen colltcted within the last three years. A preliminary list of dal•a lhaY will be reque.sted for the Corridor Analysis area is provided below, but is not limited ta: • AvAable AM arid PM pealc hour u•affic turning nlovement counLs (CH2M HILL will assist Spoka.ne ValJey i.E the City conducts adtlitional traffic counts) • Available 24-hou.r direclional CQUnts • 3-yeztr aceidtnt data • Availablz peclestrian and bicycle counts • Available vehicle classificatiion cou.nts, • Sigiial liming plans • PrEvious studies related to the Corridoi Analysis area ' • Channelization roadway/intersettian configurations - • Capital [mpeovement f'lans for alJ jurisdictions ~ • Envirannlenwl studies conducted f4r the area, including dor.ument:ation of sensitive areas • Land use ancl sucio-c~conomic data (Relying bn the economic study previously developed by EcoNortltwest, CH2M HILL will cross-referencc the SRTC model socio-economics.) • Economic stvdies a.nd reports, • Comprehensive plan5 for Spokane Val.ley and Spbkane County Assttmptions: ' Traffic counts will bc collectea an an as-nerdeci basis to support the various altemalives bei.ng considereci. The Corridor Analysis mainly will rtly on avulable data (the model data will be provided hy SRTC based un the most current tool assumcd to be a nZodel canvc.rted lo ViSUM for the year 2025) including accident statistics and traffiC counts provided hy Spokane Valley. Spakane Valley will verify interseckion phasi.ng a.tid chan.nelization i.it the [ield for use by 0-12M 1-I[Ll.. For purposes of this scope of wark, it is assumeel that any new traffic counts will be collettccl by Spok7ne Valley. T7eliverable.s: L7ata Cnllectron 7'ecJtirrcal Mernorarrdrtm for the Corridor /lnnlysis nrea. sPMic3ser05i4oca1o S ' SCOPE OF Vt+ORK SPOKPKE Vk4.I.EY CORRIDOR ANALYSIS, CiiY 0F SPOKANE VALLEY, VIASHINGTON Task 3: Establish Corridor Analysis Parameters Task 3.1 Methods and Assumptions Technical Memorandum CH2M 1-LILL will prepare a mel•hods and assumptions tEchnical memorandum lisring the base assumptions for the projecl• including Corridor Analysis limits, analysis years, co.ncuxrency and 1EVe1 of service (I..OS) standarcis, basElinE improvement,s, methods for developing forccasts anci conductitig analysis, ana autlining analysis paramelers. Tliis memorandum will also establish mekhods for creating travel demand forecasts for 2030, w}iich is beyond thc regional model yeax. To demonstrate their concurrence with Corridoe Analysis methods and a.s,sumpYions, this memorandum will bc prepared for the authorizing signatures af the partner agencies. Ass:i»iptions: • Of all of the altcrnadves identified, only four alternatives (including the baseline/no build) will be cvaluated for operarions and safety for thc 2030 PM pcak hour. • Accident a.nalysis will -,Lssess current accident statistics, ex.isti.ng safety deficieneics, anei address substantive and nominal impacts. • CH2M H;1LT., will collect existing accidEnt data fTQm WSDOT, Spoka.ne County, and Spokane Valley. • Gr4wth rates wiJ.l be derived from the most current SWI°C model runs for existi.ng ana future years (the methodology for dEVeloping and applying the growth rates must be ~ ~approved by SRTC). ` • Travel dema.nd forecasting will rely nn available forecasts f.rom SRTC and adjusteti forward to reflect year 2030, using a nlethodology approved by SRTC. • Synchro/Sim 'I'raffic H=ill be used to assess intessection operations (for AM and PM peak hour) for up to hventy-five (25) potential.ly impacted interscctions (Spokanc V.-illey will provide Synchro files for interseclions theoughout the city, recently done by David rvans & AsSUciztES). • An analysi.s year of 2030 is assumed as the design year. • f1n AM Peak Hour analysis wiJl bc conducted for each alternative for the 2030 de,sign year only. . • A.n operational an3lysis will be conducted for intersection level of servicE; hovvevcr, to . compare alternatives, we may apply critcria such as hravel t-ime, queuing, and overaJl metrics [speed delay, etc.] which are der.ived from op-crational uialysis. • Year af opening analysis wilJ be not be conducted in this phase af wArk but will be assu.med as 2009 for thc memormdum. • Pazametcrs for analysis will be based on current practice in Spokar►e Valley and the region. Infarniation including tables and figures will bt developEd for inserkion inlo this technical `--'memorandum and also the: Transportation Uiscipl'ule Report (discussed in Tatik 8). SPKIDN30061400010 6 SCOF'E OK'A'OR}C, SPOKltKE VJd.LEY Opi7f210062 ANALYSIS, GITY OF SPO~'f.ANE VFlLEY. IA'ASFIINGYON 3.2 Evaluation Criteria Technical Memorandum , CH2Iv1 H1L.L will develop a process for Evaluating a set of alternatives th.rough a ltivo-phase evaluation process, u-icluding developing evaluation criteria that support project objecdves. Evaluation criteria likely will includE transpartation benefits and impacts to the built and natural EnvuUnmcnts. tlll alternadves consiclerecl will go th.r.UUgh an initial sc,rePning lo detcrminc haw thcy mcet the project's purpose ana need. Then a secondary screening, based on more spcci.fic critcria, will bc, conducteci to idcntify up to faur fi.nal alternadves (as noled in the assumptians). The memorandum will dacument how the critEria might be measured. Nor purposes of this scope of wOrk, the criteria arE initially assumed to be as follows: Transpartatran Benefits in 2030 - Arterial Street Operations (based on intersection a.nalysis a.nd travel Nmes) - Arlerial Slreet Safefy - Thraugh Travel Tune (To mcasurc, we will run initial travel times and compare to calculated travel times using intersection delays and free-flaw speeds; we wi.ll veri.fy this methaci with the IDT in the methocis and assumptions tech.nical. memorandu_m.) - Total vehicle miles traveled (VIvfI) - Feasibility - Design Standards - Conslructability Naturct! Tnvirotr»ient - lulpaci Qn Air Quality ~ - Impart to Critical Arcas l3uilt Envirannrent - Consistcncy with Comprehcnsive Plans - Noise - EcAnomic 17evelopnlent• - - vnpact an Ped/13i.ke Facilities - I7isplacements and Disruptions DeJiverables: • TaraEt and fi.nal Mekhods aiid Assu.mptions Tccilnical Memorandum • I7rafY and final Evaluation Crit•eria 'fechnical Memorandum Drafts of bath Uf these technical memUrandums will bc provideti to the IDT stalccholder group Ueior to khe First 1177' meeking. . , , SPFJBSC35EV06i400)10 7 ' .1 S4DPE OG t4pRK SPOl(ArJE VALlEY COfff21DOR fu+1ld.Y$IS, CITY OF SPOKAPIE VALLEY, WA°,HINGI011 Task 4: Prepare Statement of Purpose and Need Technical Memorandum ~ C42IVI H1LL HTi.ll prepare a draft a.nd final shatement of purpose and need, appropriate for the envirorunental assessment. This statement will be substantialed by data collECdan. `I'he purpose and need statement will add.ress: • Projc-ct Stal•us • System Linkage • Capacity • Tr3nsportalion Demand - • Legislation • Sucial DEnzand or l;conomic Development • ModalIntenEladonsh.ips • Sa(ery • 12oadway Deficienrirs • r..conomic L7evelopment 5pokanc Valley will assist with gatheri.ng feedback on the drafl• statement from thE ITD. T'he final technical memorantium stateme,nt will incorporate slakehol.der and Spokane Valley commenLs. 17elivcrcibles: I7raft and final..Purpose and Need Statement 1'echiiical Mernorandu»: Task 5: Prepare Deficiencies and Alternatives Technical Memorandum CI-12VI HILL will identify ana evaluale prAjec:t a.rea dcfiriencies nlcludinp safety, " c4ngesdon, communily cohesion, linkage, economic developmcnt, v1d inodal choices. CH2M HILL then will idPnki.fy altcrnalives and conduct initial screening (how each alterciative addresses purposc- and need), to develup four final alteinatives (includ.ing basel.i.ne/na build) for the Sprague/Appleway Corri.dor. On the basis of the evaluation, CH21A . I-IILL will prepare a d.raft technical nlemorandum of the deficiencies and aJte.rnatives. . Spoka.ne Valley will assist in gatheri.ng feedback from key stakeholdtrs, including lhe S12TC zu1d Spokane County, on the d.ra.Et memorandum. T'he final memorandum will incorporate stal:eholder and Spokwle Val:l.ey eomments, aiid wi]l identify thosc alternatives selected fur further evaluation (final four alternalives utduding the basclinc/no build). AssuniptYOns: Envi:ronmental analysis data for the projcct (developed by JonE:s and Stokes, 2002-2005) will bc used for screening thc final IQUr alternatives (including basel.ine/no build). No ol•her technical dal•a will be devcloped except for a Trtjnsportalion Discipline Report (Task 8) that evaluales traffic for each selected a1tErnadve, and a.n economic mnalysis for each selected alternativE. There wi.l.l Ue no aaditional analysis on other emTironmental elements including water quality, noise, land usP, visual, gcalogy/soils, air., vegetation/wildlife, wet•lands, cultural/historical, and parks/recreation. Deliverables: Iaraft and fincil lleficiencies a►td Altenratives I'echiTical Memorarrrlum spwaQ5a'o6ti4aomo 8 SCQPE OF WOG41( SPQX,WE VAl.LEY CORRIDORANALYSIS, CIIY OF S?OKAP:E VPLI.EY, tiVASHJ1GT01d Task 6: Prepare Economic Anafysis Technical Memorandum - CH2M HILL will review the EcoNorthwcst (Oetober 2004) econamic analysis report, focusing on both lana use and socioeconomic clata, considering the busi.nesses alo.ng tlie corr.idor and overalJ econocnic i.nterests in the region. Using ttus info.r..mation, C1-12M HII..I.. will assess the econor.n.ic i.mpacN, of the Einal fuur a.l.ternakives (ulcl.u.d.i.ng baseline/ no build) as part uf the secondary screcning pracess. Iaeliverable: Draft andfr.na! Ecotrmnic Analysis Technical Memnrandum Task 7: Prepare Preferred Alternative Technical Memorandum CH2M HILL will summarize the evaluation of all identified allernalives, based on an initial screening by reviewi-ng purpose ana nEea, and on a secondary screcning of thc final four alt('.I'Ilai1Vf'S, baseel on evi~duation criteria. Results for each screenuig will bE rcported in a technical mEmorandum. CH2M H1LL will work -with $p4kane Valle}' a-nd key stakeholders lo establish 3 prEferred solution, based on evalual7an criteria. Spokane Valley %vill help obtain conscnsus on the selection of a preferred allernarive, based on the nlethods and assumptions, and evaluation criteria used i» the alternatives evaluation. Uelivercibles: ll raft nyxd final Preferred Alterfrative 7'eclrnrca! Mertroratrd:rsn Task 8: Prepare Outline and Draft Transportation Discipline Report C112M HTLL will prepare ap outline of the Tra.nsportation Discipl.ine Report (TDR), i.ncluding only horizon year arialysis, corisistent with NEPA (Natiuna_1 Environ.mental Protectiion Act) guidance. The ouklinz will he reviewed by Spokane VaJley, SRTC, a.nd. WSD(7T tA confirm their agreement with the analysis. Specihca.l.ly, the oud.i.ne wil.l provide an opportunity lo ohtain up-fronk buy-off on the evaluation approach (su_ch as the asswnption that year af opening analysis will not bc includcd), ta ensure a likcly, immediate acceptance of the ciraft TDl2 report. After approval of the ouUi.ne by the Spokane Valley. SRTC, and WSDOT, CM2M l-i1LL wil.l use the evaluation criteria lo show how the prefPrred alternative meets the purpose and need compared to the other alternalives. 'Ihe conclusions will be discussed in a draft I'DIZ. This dra.ft repo.rt wi]] confi.r.m that thc alternativc can mect concurrency objcrtives in the design year. Generally this report will adclrQSS affzcted errvironment, altPrnatives considered, impacts during construction, and impacts durinp operations. Delivercibies: OutIir:e uncl Drujt Truyrsportatian Discipl.iyre Repnrt Task 9: Prepare Public Involvement Plan and various public outreach materials On behalf of CI-12M I-ULL, Ruen-Ycagcr & Assaciates will develap a Public Involvement Plan tp idenlify stratejpes for inclusion of lhe cammu-nity a.rld area agencies in the develuWment, review, and re.finement of alternative solutions. This plan mav includr the follo%vi,ng: • Agenry and community stakeholdcr interviews . . • Support of the Spokane Va]ley s Web site srKJBK3s+05140a010 9 SIX7PE OF \'lORI( SP04fAME VALLEY OORRIDOR A1tALYS1S, pN (F SPa<AAE VALIEY, tivaStnwGTMi • Plaulning a.nd development of two open lmuses • Development and maintenanc:e of a project miiling lisl• • Media rclations Assiirnptrons: For this scope of work it is asswned that the following public oulreach servic:e,es wi.l.l be prOvided by Ru.en-Yeager R AssACiates: • Develop a public invalvement plan • Conduct stakeholder u-iterviews (Spokane Valley, INSi70T, SIZTC, Spokane Vallcy Chamber of Commerce) • Develop list af ongoing issu.es and conecrns to mcorpoeate into tlte Corridor Analysis that adciress public 1nd agency issucs • Provide materials for inclusion on khe Spokane Vallcy WEb site (alternatives, schedule, and open house material) • 17evPlop public feedback/conzmenl forms for each opcn house • Eshablish a location and datc for bpen houses • Develop public meeting natices to be puhlished in the Spokesrnan Review _ • uevelop displays and matcrials for twq opeit houses, utilizing work products to illustral•e project assumptions, data, ana analysis • Develap two colar newsletters (each newslcttEr to be one page, co.ntaining project infarmation, open house announeemrnt, schedule update, etc.). Reproduction costs of newsletters and postage/l.abeling to be paid by Spokaiie Valley • Providc mcdia contacl• information and press rEleases for project at key milestones, with prior approval and on behalf of Spokane Valley For the public meetings, CI I2M HILL wil.l assist• in planning, will attcnd, and will provide materials a.nd i.n.forination including displays of i.nforination prcpared as pnrt of projecl wor.k tasks. CI-I2M I-HL,L/subconlTactor will set up thr meeting place. Spokane Valley will cover all fees for meeting placc, advezlise:ments, printing of handput materia]s, ntailulgs, and meeling noti.fications. Deliverables: DeliveraUles wil! be as follows: • Draft arrdfinal ['ublic lt:volvcmerit Plan • I ist of oirguing issrces and coricer»s • Twu prrblic meeting notices • Boctrcls and display rnaterials for open house • T'wo ane-Yage cnlor copy ready project newsletters SPtVf3}C36&n51400010 10 SCOPE OF WORK, SPOGUINE VALLEY CORI8f70F2 AtdALYSIS, G1Y OF $f'OKAA'E VPA.I.EY,1'lkSfCNGTON 4.0 Project Delivery Schedule 0-12M 1-I1I.,I.. will cornplete tl~e wprk outlined in lhis Scope of Work withut four (4) months of the riotice to proceed date, based on assumptiQns staled vn Section 2.0 of this scope uf work. The estimated co.mpletiori dates for al.l deliverables are shoivn below based on a June 15, 2005 start tlate. Qeliv~rablo~ Estlmabe~d.Completiom Date', ` ' Task 1 Summary of Meeting Disca.issions Within one week of each meeting Pragress ReportsJProject Invoices Monlhly Partnering Agreement Mid July Task 2 Data Collection Technical Memorandwn End of June Task 3 Drafl Meihods and Assumptions Technical Mernorandum End of June Final Methods and Assumptions 7echnical Memorandum First fuU week in July Draft Evaluation Criteria Technical Memorandum End of June Final Evaluation Criteria Technical Memorandum First full week in July 1~' IDT Meeting Mid July 161 Open House~ , MidJuly Task 4 DraN Purpose and Need Statement Technical PJlemorandum 3rd week in July Final Purpose and Need Statement Technical Memorandum First 2 weeks of August Task 5 Draft Deticiencies and Altematives 7echnical Memorandum 3rd vreek in July Final Deficiencies and AItematives Technical Memorandum First 2 weeks of Augusl 2itl IDT Meeting AAid August Task 6 Draft Economic Anafysis Technic3l Memorandum Mid August Final Economic Analysis Technical Memorandum End of August Task 7 Draft Preferred Alternative Technical Memorandum First full week in September Final Preferred Altemative Technical Memorandum Mid September 3 IDT Meeting Mid September SPt`JBK35&051400010 11 SGflPE aF ViURK SPDKAOJE VALI.EY CORIZlDOit AN1,LYSiS, CITY OF SP01(APJE VALIEY, VeA5HIN6TaN ~~y'r~~~ .peliverabfe .5 Estimated CompleUon 0ate • (I \ . ~ ~!~f..'~}' Task 8 Outline of Transportation Discipline Report First full week in October Draft Transportalion Discipline Report Mid October 4t" ID7 Meeting 3rd.week in October ~ 2"d Open House • 3rd week in Odober i SR7C MeeUng ' 3rd week in October (19th - Wednesday) Task 9 Draft Public InvoMrement Plan First full week in July Final Public Invofvement Plan Mid July List of Ongoing Issues and Conocrns First part of August Two Open Houses Notices One vreek prior to each Public Meeting Boards and Display Materials for Open Houses Prior to Open Mouses ' . Two Project Newsletters One week prior to each Public Meeting ~ , . i SPKGK35$'06140C010 ° 12 5.0 Estimated Budget "I'he fallowuig is an estimate of Cl-12vi H]I,L's Phase I c-nvironntental services lo be providea for the Spokazie VaJ.ley Corridor Analysis_ Ten pcreent of the overall cqnlract annount is for potential nul•-of-scope work. This reserve will provide flexibility for Spokane Valley a.nd will oi-dy be used with its written audlqri7.a tion_ Only onc subcontractor rvill assist CI-I2M 1-llLL w-ith ttus project, Ruen Yeager & Associates; this firm will perform public involvement services related to Task 9."1'here is nd mark-up on t}ae 5-ubcontractinp costs. 1'hasE II tasks (to cond.uct any additional Environmental a.nalysis, develop lhe final 117R, and prepaxe a summary in either a final Environmental Assessment or documEnted categorica.l exclusiAn) will be additianal eosts, outside of Ulis scnpe of work and butlget. . HILL e' ~ 4-7k IIE;. 'F~sk Hours CH2M HILL Labor Subcontracfs •.~Ezpe~ ~I ~~wOveraf~ Illotal 7ask 1 Project Management and Agency Coordination 166 $20,991.08 0 $2,526.40 $23,517.48 ' Task 2 Data Collection Technical Memorandum 44 $5,28325 $5,500.00 $411.75 $11,195.00 7ask 3 Establish Comdor Analysis Parameters 28 $3,187.66 0 $151.20 53,338.86 Task 4 Prepare Statement of Purpose and Need Tech Memo 43 $6,129.72 0 $354.40 $6,484.12 Task 5 Prepare Deflciencies and Aftematives Tech Memo 294 526,923.11 0 $1,714_80 $28,637.91 Task 6 Prepare Economic Analysis Tech Memo 48 $6,281.60 0 $356.40 $6,638.00 Task 7 Prepare Preferred Altemative Tech Memo 55 $7,051.84 0 $297.00 $7,348.84 Task 8 Prepare OuUine and Draft Transportation Discipline Report 135 $15,581.56 0 $809.00 $16,394.56 Task 9 Prepare Public Involvement Plan and various materiats 81 $9,806.38 $28,500.00 $1,037.40 $39,343.78 Total 894 $98,822.40 $34,0W00 $7,658.35 $142,894.56 10% of toial above $14,289.46 Grand Total $157,184.01 SP:e -_Q514000t0 ~ . MraPE IIF wW, s~~,r¢vac~~ (:i~tN~a n!u,~r^;~S Cirr Or SFIMANE Vu r Fr, wAsHIM~TON EXKSIT 1 5pokarre I+Aley C,,cOdor Wacko~ui luvi J~ JuL IU/G S!F tk"?' 4W NCN ~ FfC JMI fEE1 ~ NA+4P ~ AFR U1VY ~ ;u~t;df3r;ln,; ~ Wn:k Fw~lrr - Public Outreacta ~u.~ RP~' Ai IGiT AT QT JlT 1~TT AT u IQf LJ TeAm CoOrd#nation ~ ~ ~r~maa~ ilr~ 1 ~-1 Ag--~I~vu Re~eurt~ C~AF7 tntlwr Stvdbes cos,d~,cl h &~a~ n~uman Sf4k~E1901G~E~ ~+!y~~.y;-- Ir~ar~Fm T~,~ '(~1i 'fM 1 InhWr , I~rnlrnhnary 47wvGgn 'data kLoinrLiva; .0J ~•'n '1rn9 Cdl~~lldrt Nlv~,~alnrae R - PtkAk lntioFromem P6tln tr~,r~iri~~ ,;'rns Pra~ir.ntl fk rn ~ 6M?r ,n i }•tur~[~hc.,n 9 ' 1''~IIE '~~~li~,{4t1 A~ TeGhniCal Wo1'k drelgnienMirammen#aI proceims ~crr ta ~m~ : ~qnfire~ti m d on ~"race~sl ~ R:,qej]r 6 hkrC rwnr~u~ i~+r'rd S41~Ip latnrr~o sdPrdwtld l, 6~Ail~n PruJect Milestones r tY F-, ~ ~ 1~+fal'~no~Ca Fj„Ur„r; I Y~nrr~; i'iE~a f ~dS4; iwPA ~ u+~~y~ Sin~~ ~ f !litll5l [Iq ,II. IJ~ ~ r C~:9P?n - ~ra~ll~ht [~cq ; Al~.si-:•: AT [1terd6clplYwry Teami WletEfng ~ Ad~ry T~am b~e+~g ~ ll~esl~ne ~ rMmorindum ~F'I~C~1~ID~P14 . } h - - - - - - - - CITY OF SPOKANE VALLEY ~ - ~ Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: • Item: Check all that apply: x consent (E old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Award of 8`h Avenue Overlay Project GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: 1) Adoption of funds for Road Preservation Projects as part of the 2005 budget for the Street Capital Projects Fund, and 2) presentation from staff of the Six-year Residential Preservation Street Plan at the April 5, 2005 study session. BACKGROUND: In accordance with the Residential Preservation Street Plan, staff issued Bid No. 05-005 for the 8"' Avenue Overlay Project from Farr Road to University Road. This project includes grinding and replacing the asphalt surtace, and other associated work. Bids will be opened on June 24, 2005. , , The Engineer's Estimate range is $200,000.00 to $300,000. OPTIONS: 1) Authorize the City Manager to execute a contract to the lowest responsive bidder 2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: The Public Works Department recommends the Council authorize 1) the award of this contract to the lowest responsive bidder, and 2) the City . Manager to enter into an agreement with the contractor. BUDGET/FINANCIAL IMPACTS: The total cost of this project will come from the Street Capital Projects Fund which has sufficient resources to cover this project award. STAFF CONTACT: Neil Kersten, Public Works Director Steve Worley, Senior Engineer - Capital Projects ATTACHMENTS: None at this time - Bid tabulation will be presented at Council Meeting along with a recommendation of a contractor to award the bid to. e BID TABULATION - 8th Avenue Over9av Proiect PROJECT NO. 05-005 ~ v'c~ll@y BID OPENING DATE June 24. 2005. 11:00 A.M. BlDDERS F.i,Woora Esarnace Spokane Rock Products, Inc Shamrock Paving Co. Inland Asphalt Company Poo Asphalt $200.000 co f300.000 ALL REQUIRED SUBMITTALS Yes Yas Yes Yes Itam # Descri ilon Unit __gty_ Prico Total Unit Prico Total Unlt Prtce Total Unit Price Total Unit Prlw Total 1 Mobiiization LS 1 320,000.00 $ 20 000.00 $ 14,038.45 $ 14,038.45 S 6,666.00 3 6,665.00 $ 14,460.00 S 14 480.00 $ 11,721.25 5 17 721.25 2 Remavfn Painl Line LF 150 $0.50 $ 75.00 $ 1.40 $ 210.00 S 1,25 5 187.50 $ 1.30 $ 195.00 $ 1.44 216.00 3 Ad'ust Vatve Box FA 10 $225.00 $ 2,259.00 $ 452.00 8 4,520.00 S 325.00 S 3,250.00 $ 450.00 $ 4,500.00 $ 460.00 $ 4,600.00 4 Ad'ust Manhole EA 11 $375.00 S 4,125.00 $ 678.00 S 71458.00 S 450.00 $ 4950.00 $ 670.00 $ 7.370.00 3 690_OU $ 7,590.00 5 Ad'ust Catch Bas7n EA 3 $375.00 S 11125.00 $ 678.00 S 2,034.00 $ 450.00 $ 1,350.00 $ 674.00 2,022.00 S 690.00 $ 2,070.00 6 Crushed Surtacin To Caurso CY 50 530.00 $ 1,500.00 S 44,00 $ 2,200.00 $ 50.00 $ 2,500.00 $ 48.00 $ 2 40D.00 S 17.55 $ 877.50 Crushad Surfacing Top Course - 7 far Shoulders CY 60 $30.00 $ 1.800.00 S 41.00 $ 2,460.00 $ 50.00 $ 3,000.00 $ 40.00 $ 2,400.00 $ 80.56 S 3,633.60 8 1'lanin Bituminaus Pavement SY 14,592 $2.75 $ 40 126.00 $ 1.40 $ 20 428.80 $ 2.00 $ 29 184.00 3 2.00 S 29 184.00 $ 2.52 S 36,771.64 9 WMA CL. A PCy 64-28, 0.33 Ft. SY 14,592 $10.00 $145,920.00 9_00 $ 131 328.00 $ 9.31 $ 135 851.52 S 9.25 S 134,976.00 $ 9.69 S 141.386.48 10 Su rade Pre sralion SY 14,592 $1.00 $ 14,592.00 $ 0.75 $ 10 944,00 S 0.87 S 12 695.04 $ 0.75 5 10,944.00 0.77 $ 11,235.84 11 Pavement Saw Cutkin LF 360 $1.00 $ 360.00 $ 1.15 S 414.00 S 0.50 S 180.00 $ 1.25 $ 450A0 $ 1.15 $ 414.00 12 Plast6c Lino LF 630 S0.85 5 535.50 $ 1.35 S 850.50 S 1.18 5 743.40 1.30 $ 819.00 $ 1.36 $ 856.80 13 Piastic Wide Lfne LF 65 52.00 3 130.00 S 3.75 S 243J5 $ 3.29 $ 213_85 $ 3.40 $ 221.00 S 3.78 $ 245.70 14 f'lestic Traffic ARaw FA 2 $70.00 b 140.00 S 85.00 $ 170.00 $ 73.75 147_50 $ 76.50 $ 153.00 $ 84.81 169.62 15 Ptastit Crosswafk Lino t~EA 140 $4.00 $ 560.00 S 4.80 $ Ei72.00 $ 4_25 $ 595.00 $ 4.50 $ 630.00 4.89 $ 684.60 16 PlasUc Sto Line 50 $6.50 325.00 $ 8.20 $ 410.00 $ 7_25 $ 362.50 $ 7.50 $ 375_00 a 8.34 S 417.00 17 Tem ora Pavement Markin 3,250 $0.25 $ 812.50 $ 0.17 $ 552.50 $ 0.15 $ 487.50 S 0.18 $ 520.00 $ 0.17 S 552.50 18 Pro ect Tem ara 7raffic Gantrol 1 $3,500.00 $ 3500.00 $ 1,130.00 1.130.00 $ 1.000.00 $ 1.000.00 S 1,040.00 $ 1(~40.00 $ 01900.00 $ 6,900.00 19 InducUon Loo Vehide Caeteclors 5750.00 $ 5 250.00 $ 525.OU $ 3 675.00 $ a65.00 S 3 255.00 S 500.O~U S 3 500.00 $ 534.75 3,743.25 2d Construction Si ns ClassA 200 $10.00 S 2,0D0.00 $ 8.00 $ 1,600.00 S 7.50 $ 1 500.00 S 7.80 S 1,560AU $ 8.63 $ 1,726.00 21 Other Traffec Cflntrol Labar HR 480 S40.(MU S 19,200_00 $ 42.ao S 20,160.00 S 40.00 $ 19 200.00 $ 39.50 $ 18,960.00 S 43_70 $ 20,976.00 22 MinorChan e Gn~C 1 $1.04 $ 1.00 S 1.00 S 1A0 8 1.00 $ 1.00 $ 1.00 $ 1.00 S 1.Q0 $ 1.00 23 SPCC Plan LS 1 S1,500.00 $ 1 500.00 S 500.00 S 500.00 $ 250.00 $ 250.00 $ 500.00 $ 500.00 S 575.00 S 575.00 TOTAL E 265,829.00 $ 227,568.81 $ 237,200.00 S 257,373.9,0 Spokane Rock Products, Inc. is the lowest rospansive bfdder. Total Bid 3 226,000.00. y~~~oF wasyl,~✓~ 4 ri . IC co) . ,n r ~ 99 p ~ ~SSrONAL ~ T !!a✓✓Z7 05 EXPIRES: OCT. 21 „2 DOlo CITY OF SPOK,ANE VALLEY Request for Council Action Meeting Date: June 28,2005 City Manager Sign-off: Item: Check all that apply: [I consent X old business new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEAA TiTLE: Bicycle Helmet Ordinance, Spokane Valley Ordinance No. 05-020, second reading. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Received power point presentation from Spokane Regional Health District on issues relating to helmet safety. Powerpoint and discussion by staff with Council June 29, 2004. Powerpoint and discussion of revised draft ordinance with Michelle Wolkey, attorney for the Spokane Regional Health District May 10, 2005. First reading May 24, 2005. BACKGROUND: The Spokane Regional Health District provided the Council with information on bicycle helmet safety last summer, including a proposed ordinance for the Council to consider. At the request of Council, staff analyzed the proposed ordinance and discussed it . with the Council on June 29, 2004. Based on that discussion, the Council declined to consider the ordinance in its then-existing form, and requested that the District address concerns raised • by City staff about the proposed ordinance. Those concerns were forwarded to the District. The District asserts that this draft ordinance addresses those concerns. The Council heard public testimony and considered this matter on first reading. In doing so, the Council instructed staff to leave the class of infraction at 3. . OPTIONS: Adopt the proposed ordinance as is; adopt the ordinance in an amended state; request more information from staff/SRHD. . - RECOMMENDED ACTION OR MOTION: If the Council wants to adopt the proposed ordinance as is or in an amended fashion, a motion would be: °I move that we approve Ordinance 05-020, commonly known as the Helmet Ordinance as proposed." BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Michelle Wolkey, Attorney for SRHD; Cary Driskell, Deputy City Attorney! , Cal Walker, Police Chief. ATTACHMENTS: Draft helmet safety ordinance drafted and proposed by SRHD. nrzAr.i. l CITY OF SPOKANF VALLFY SPOKANr-, COITNTY, VVASNiNG'1 ON OR:I.)T.NANCE iNQ. 05-020 pN ORDINAiYCE nF THF CITY OF SPOKANE VAI..LrY, SPOKANE COUNTY, WAS.N.INGTON, itE(zUT.ltiNG TETF USE OF PROTECTIVF IiLLMFTS WHFN ' ftli)INC A BICYCLF, SKATER()AltD OR SCO()TElt OR US1NG SKATES WITHIN TI3E CITY QF SPOKAi1'E VALLEY. WHERFAS, thcre is currcntly nn state or loeal regulation requiring the use of a proteetive helmet when riding a bicycles, skateboaeds or scooters or using skatcs within the city limits; and Wt-IEREAS; failure to wear a prnteclive helmet when riding a bicycle, skateboard or scooter or using skates creates a risk of serious injury to operators; anJ WI-IEREAS, requiring the use of a protcctive helinet when riding a bicycle, skateboard or scooter or using skatf:s wquld increase the health, s<ifcty and welfare nPt.he citizens of Spokane Valley. NOW TI-IE,1ZErORE, the City Council of I.hc City of Spokane Valley, Wa.shingtnn, do ordain as follaws: Seelion 1. Intent. The City of Spok<<nc Valley declares that requiring the use of protective . helmets when riciing a bicycle, skateboard, scooter or using skates is necessary to protect the hEalth, safety, and wclf'are of the public. Therefore, the inCerit of this ordinance is to promote the safe aperation of bicycles, skatebottrds, scaoters and skates in orcler to protect the health, safety, and welfare of the 1~--' public. Section 2. New cod_.e P-rovisions requirin~ the use of protective helmets. There is established the FoIlowing new Seclion under Title 7 nF the City of Spokane Valley Muniapal Code: Chaptcr 7.40 Usc of Protcctive lIelmets. . 7.411.010 Pefinitions. 'I'he follo«<ing definitions are applicahle in lhis chapter unless the cnntext othenvise requires: A. "Anproved Protective Nelmet" means a head covering designed for safety that meet.S or exceeds the required safety stnndarcls adop[ed by the U.S. Consumer Product Safety Cornmission (Cl'SC) 15 USCS 6004, or '/.,-00.4 set by the American lvational Standarcis lnstitute (ANS1) the Snell Foundation, the Americari Society for Testing and Materials (ASTM), or such subsequent nationally recognized sCandards for helmet perPormance as may be adopted by lhe City oF Spokane Valley. "1°he hclmet shall be equipped with A neck or chin strap that shall be securely f'astenEC1 while the user is riding the bicycle, skateboard, or scooter or wearinn the skates. . B. "Bicycle" means every device pmpellecl solely by human power while a person or persons are ricling, having two tandcm wheels either nf wIiich is at le3st eleven inches in diitmeter, or Chree wheels, any one of which is more than hventy inche.s in diameter. Wilhin this chapter, the terrn "bicyclc" shall include any attached trailers, side cars, andlor uNier device Izeing towcd by a bieycle. . Orclinance 05-020 Hclmel Safety Page I of 4 DI:Al T C. "Clectric-assisteci bicycle" means a bicycle with two or thc-c;e wheels, a saddle, fully operative pecfals f'or human propulsion and an elcctric motor. 17. "Guardian" mcans a parent, lebal guardian nr other person eighteen years of age or older who is responsible for the safety and welfarc oCa Nerson under the age of sixteen years. E. "t'erson" includes those individuals who are five (5) years of age or older. F. "Public area" means public roadways, sidewalks, bicycle paths, parks, or any right-of-way, pilbliely-nwmeci facility, or publicly-owried propert}' N+'ithin the City. G. "Seooter" means every device with a platform having two or more wheels beneath it ancl a balancing hand post or steering device, which the rider balances on top of, and whieh is prnpelled solely by human power. H. "Skates" includes in-line skates, roller skatcs, skate shoes and any other fuon<<ear that tias two or ►nore wheels attached beneath. 1. _ "Skateboard" mcans every device widh a plalform having two or more sets of wheels bcneath it, which the rider balances on top of, and which is propclled solely by human power. - • 7.40.020 Usc Requircments. "CMe requiremenGS regarding the use of approved protective helmets are set forth below: A. Any person riding a bicycle, skateboard, scooter or using skates, including any pflssenger lhereon and/or persan being towed thereby, on any public area in the ciCy shall wear an approved bicycle helmet, ancl shall have either the ncek or chin strap of lhe . helmet fastened securely. B, No person shall transport another person on or tow anothcr person on a bicycle, skaleboard, scaoter ur skates upon any publie area in the jurisdiction of the city unless the passcnger is wearina an approvcd prqtec;live helmet. C. A guardian is responsible for requiring thae a person under the uge of sixteen ycars who is under the €uardian's care wears an approvcd protective helmet, the neek or chin st:rap of which is f'asCened securely, evhile riding a bicycle, skatebo<<rd; sconter or usino skates in the guardian's presence. 7.40.030 Special Event Use Requirements. 'I'he requirements applicable to persons or entities rnanaging special events are set forth bclow: A. Any person or entity managing a special event involvin~ the use of bicycles, skateboards, scooters or skates, which will take place in whole or in part in any public . area in the city, shall inclucle the following statement in all promotional materials: flll purticipants ure reytrrred ta wenr approved proleclive hebmels. Participants withow approvecl protective helmets will he e.rcluded ~ Page 2 of 4 Ordintince 05-020 Flelmct Safcty , . . r _ . . • . , > ~ ~ - _ . - ; . D RA 1':C B. Any person or entity managing a special event involving the use of bicycles, skateboards, scooters or skates, which will take placc in whole or in part in any public arEa in the city, shall eequire that all participants wear approved protcetive helmets; and exclude any particinant. who does not wear an approvcd protective heUnet while riding a Micycle, skateboard, scooter or using skates while in the presence of the event manager or its employees. . 7A0.040 Renting, Leasing, or Allowing Test Rides. This section sets forth the requirements applicable Co persons renting, leasing, or allnwing test rides of bicycles, skatebaards, scooters or skates. A. Any person engagcd in the business of renting, leasing, or allowing test ridcs of bicyeles, skateboarcis, scooters or skates for use in any public aeea of the city shall supply the persoti(s) renting, leasing ar test clriving the clevice with an approved pratective helmct; unless the rider establishes that hc or she has iheir own helmet by showing thc helmet to thc business rcpresentative. B. nny written rental, lease or test ridc agreement shall inclucie die following stalement: City of Spokane Valley Mur2icipu1 Cotle Cl1aJver 7.45 reyuires lhat approved prolective helmEls be properly worn by persons riding bicycles, skatebocrrds, scooter,r ar using skutes. 7.40.050 Sclling Aelmets. Any person in the business of selling helmets shall not sell or dffer to sell any helmet thal is not an approved proteetive helrncl. 7.40.060 Peniilties. The penalties for violation of this chaptcr are as follows: A. Any person sixteen years of age or older violating any provisinn of this chapter shall be deerned to have committed a class three civil infraction. lf a violation has been determined to havc been coinmiCCed; the violatnr shall pay the pcnalty, alpng with court c:nsts and fecs. B. For the purpose of this section, the Spokane Valley Police Depart:ment is the person authorized to enforce the provisions of this Chapter. C. The Proeectures for the issuance of a Notice of Infraction, hearings, assessrttent and payrnent of monetary penalties shall be in accordance with the provisinns of Spokane Valley Municipal Code Section 1.10.040. D. Any persan between thc 3ges of fivc (5) ajid fifleen (15) years of age violating any provision of t.his chapter may be provicled educational instruetion on lhe need tor and availability of apprnved protective he,lmets. E. Tnfartnation about the need for approved protective helmets, safe helrnel use, traffic safety cduc;ation and helmet safety programs are available at the City of Spokane Valley Police ]aepartment and SpokAnc Regional Health Distriet. i (:lrdinanoc 05-020 Helmct Safery Page 3 of 4 DRAr-'r Section 3. Severability. ' If any section, sentence, elause, ptirtise, or word of this ordinance shoulcl be helcl 1o be invalid or uneonstitutidnal by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, phrase, or work of this ordinance. Section 4. Effective Uate. This Ordinance shall be in full force and effect tivc (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSFfa hy the City Couneil this _ day of .2005. Mayor, [aiana Wilhite ATTrST: Approveci as lo farm: . C'ity C:lerk; Christine Rainbridac Deputy City Attorney, Cary Driskell Date oCPublici►tian Effective Date: Ordinancc 05-020 FleLnet Sale.ty Page 4 of4 CITY OF SPOKANE VALLEY " `Request for Council Action ' Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent old business X new business I] public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEhfI TITLE : Greenacres Moratorium Request, First Reading GOVERNING LEGISLATION: RCW Chapter 35A.63.220 PREVIOUS COUNCIL ACTION TAKEN: May 10, 2005 briefing, sfudy session June 7, 2005 for additional discussion. BACKGROUND: On August 10, 2004, the City Clerk received a petition from resident landovwners and primary stakeholders of North Greenacres Community for a"Temporary Moratorium against Development of Densities of more than one house per acre until interim zoning is adopted". Copies of the petition were distributed to Council and Planning Commissioners on August 13, 2004. At the November 18, 2004, Spokane Valley Planning Commission meeting, the Commission voted unanimously to recommend denial of the moratorium to City Council. On May 10, 2045, Council directed staff to prepare a draft moratorium resolution for consideration at a future meeting. Council also requested that Planning Commission representatives be present at the meeting to respond to questions. On June 7, 2005, the Council requested that staff bring the draft Ordinance implementing a moratorium back for first reading. OPTIONS: 1. Approve moratorium as emergency measure. , ' 2. Move ordinance to second reading. 3. Deny the moratorium request. 4. Set a date for a public hearing. RECOMMENDED ACTION OR MOTION: Direct staff further. BUDGET/FINANCIAL IMPACTS: N1A STAFF CONTACT: Scott Kuhta, Senior Planner or Cary Driskell, Deputy City Attorney ATTACHMENTS Draft Ordinance Adopting Moratorium May 2, 2005 letter from Chair David Crosby, relaying the recommendation to Council to deny the requested moratorium. November 18, 2004 Memorandum from Scott Kuhta re 11I18/04 Planning Commission Meeting Greenacres RezonelMoratorium ' Approved November 18, 2004 Planning Commission Minutes Copy of Greenacres Resident Petition Sr-m'o p`ane VaHey 4;00 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallLaspokanevalley.org Memorandum To: Dave Mercier, City Manager and Members of the Spokane Valley City Council From: Marina Sukup, AICP, Community Development Director CC: Nina Regor, Deputy City Manager Date: June 24, 2005 Re: Greenacres Moratorium Petition Update On June 2, 2005, the North Greenacres Neighborhood submitted a written request for a temporary moratorium on land use actions, a request reiterating the request of the August 10, - 2004 petition. The August petition was submitted in conjunction with the request to rezone the area to UR-3.5. The petition requested three things: 1. A temporary moratorium on consideration of development density of more than one residential lot per acre; 2. A zone change that re-established uses previously permitted under the provisions of Spokane County's SR-1 zoning district; and 3. A resolution adopting a policy "that mitigates impacts that effect [sic] traditions, culture, and customs, economic stability, and quality of life. (i.e. horse keeping and a PUD side by side)" The basis of the requested moratorium is concem for a lack of wastewater treatment capacity to handle new development and proximity to the Spokane River. Spokane County Utilities advises that the County system presently utilizes 7.3 MGD of its 10 MGD capacity and that no emergency exists. Spokane County will issue additional concurrency certificates in accordance with its policy at the present time. Land uses are summarized as follows: Land Use Lots w! Lats (n Vesied Aueage Lo3s wlStructure _ Strudure Qevelopmsnt >iacre . Single Fam(IylMobile Home 213 - 261.23 97 Duplex 5 - 2.8 nla Vested Resedential PUDslSubdivisions 0 254 45.9 Na Vacant n!a 76.75 n/a TOTAI 218 250 395.68 SOURCE; Spakane Valley GISlSpokane Counry Assessor Lots not included in vested development range from 0.17 acres to 7.59 acres in size, with an average size of 1.17 acres. Lots with structures also exceeding one acre account for approximately 45°/a of the total, excluding vacant and vested development properties. See ' attached map. s ` s' 4 6 :'s„V`~:~a • i C) K A N ]E lu N 'r Y • UT[t_Cl'IF5 DtvlSlph' A DIVi510N AF'11-1E PUSLIC WARKS DEPn1tI'm1m' N. Brucc Rawls, P.E., Utilities DirecWr June 21, 2005 David Mercier, City Manager City of Spokane Valley 11707 East Sprague Ave Spokane Valley, WA 99206 SUBJECT: WASTEWATER FLOWS Dear Dave: Last week you inquired about the status of the County wastewater flows, given ' the pace of development over the past year within the City of Spokane Valley. . Attached for your infiormation are the following pages: . o Table of inetered flows in Counti'Interceptors. ~ • Chart of the InterceptQr and.Total.Flows 1992-Presenf Chart of the Inferceptor and Total'~Flows 2000=Present , . . . . . eCfidrt of the Interceptor and Total Flows 2003-Present . . o Chart of the North Valley Interceptor The tab=e lists monthly recorded flows at the metered locations into the City of Spokane wastewater system. These values are the basis for the other attached charts. . As you know, many variables affect the quantity of wastewater that is collected and transported through the sewer system. For example, the reduction in flows from a large industrial customer can offset a substantial growth in flows from the residential and commercial customers. Businesses are implementing more water conservation measures, which translate into reduced wastewater flows. Alternatively, the addition of one large "wet" industry could have a significant impact on the projected date at which our flows reach 10 million gallons per day (mgd). In light of the inherent uncertainties discussed above, we have prepared three flow trending analyses for your review that provide an indication of when we might reach our 10 mgd capacity limit at the City of Spokane treatment facilities. Located at: 1.026 W. Broadway, 4th Floor - 1026 W. B.roadway o Spokane, WA 99260-0430 (509) 477-3604 o FAX: (509) 477-4715 o TDD: (509) 477-7133 , - a - ' JunC zi, aoos The chart labeled "Interceptor and Total Flows 1992-Present" indicates that the f= trend of flow increases would hit 10 mgd in 2010, based on data from year 1992 to present. However, it is apparent that the County's annual flow increases have changed since the beginning of 2000. Therefore, we have prepared a chart labeled "Interceptor and Total Flovus 2000-Present". This chart illustrates that the annual flow increases since year 2000 have slowed, and that the County would reach 10 mgd in the year 2014 based on the trend since the beginning of.2000. Last, I have prepared a chart labeled "Interceptor and Total Flows 2003-Present". . This chart illustrates that the fiow trend from 2003 to present would extrapolate to 10 mgd at the end of year 2012. The chart labeled "North Valley Interceptor" illustrates that the major change in flow trends has oc,curred in the North Valley Interceptor. We have confirmed that the Spokane Industrial Park has taken measures to reduce water usage, and wastewater fiows. In addition, we believe that some commercial/industrial customers connected to the interceptor have reduced their flows, or gone out of business. Since 2002, we have also been concemed about the accuracy of the - ' flow meter data. We.have purchased a new meter and hired an outside frm to verify the calibration of the meter. Sorne of the erratic data has been a result of - triose chaile:^y---. , . _ Based: on our inrtiative to temporarily slow down the rate of connections under ' . our Septic Tank Elimination Program, and on the flnw trends since 2000, it , , appears tliat our available unused capacity could last until year 2014. However, _ if there is renewed commerciaUindustrial flows in the North Valley Interceptor, or if a new targe customer connects to the system, or if the rate of new development increases, the available capacity could be used up much more quickly than currently projected. . t , Currentiy, our goal is to re-start the DBO procurement by the year 2007, and complete the new treatment ptant by the end of year 2012. However, there are unresolved issues with the Spokane River TMDL, with permitting, and other jurisdictional arrangements that could extend the implementation schedule. ` . • - 3 - j►ute 21, 2005 We are cautiously optimistic that new treatment plant capacity will be available before the County reaches its 10 mgd limit at the City of Spokane treatment ' facilities, but there are no guarantees. Sincerely, _ ~ N. Bruce Rawls, P.E. Spokane County Utilities Director . CC: Neil Kersten, City of Spokane Valley Public Works Director Marshall Farnell, Chief Executive Officer Board of County Commissioners of Spokane County . . . ' .h . , . . ./i t. -:1 • - j . . ' eM ~ig d''~~yy.3`G`'lb1 tYi•s~F4 aiu X?5,°,i x(~'~J~S: „y` 4 6. 3s ' j t.< o o YC~ P> a~e K l.. nr~:X rravri:Aqa Jan-92 1,647,429 8.351 1,655,780 28 Feb-92 1,634 029 7.834 1,641,663 35 Pllar-92 1,851.714 11,789 1,663,503 28 A rA2 1,645,321 11,378 11656.699 28 Ma -92 1,727,214 8,471 1,735,665 28 Jun-92 1,751,429 11 471 1,762,900 35 ' ' ~1-92 1,768,657 8,500 1,775,357 28 t~-92 1,8 26 286 6,640 1,832 928 3b Se X922 1,846,429 10,482 1.858,911 28 Oct-92 1854250 13,535 1,867785 28 ~ Nov-92 1.853,400 15,777 ' 1,889,177 35 Dec-92 1,895,107 12.796 1,907,903 28 Jan-93 1,586,968 11,303 1,698,289 29 Feb-93 2,009,086 11,428 2 020,514 35 Mar-93 1,987,000 9,250 1,996,250 28 a r-ss 1,994,107 10,610 2004717 za Ma -93 2,029,085 12,074 2,041,159 35 Jun-93 2,033,750 2,033,750 28 ~1~f1 flotiirin~et dS2Wr!?`~ JUl-93 2,050,500 o-?r So A~,?p' 2,050,500 28 fl(f1~i::me~af d~,~~~~ Au -93 2~1~ ~ ,488 2,266i097 35 2~94 r~: , ~ 7avl4 Se -93 2,090,357 12,075 202 067 2,304,519 28 Oct-93 1,907,290 58,131 2,100607 31 IdOV-93 2,338,688 W151l$zW'M 1:`1~1: 2,540,175 32 Deo-93 1,803,464 84,357 2,019,775 28 Jan-94 2,021,743 469,897 125.761 2,617,401 35 Feb-94 2,143,176 559,817 152,259 2,846,2 52 28 , MAO Mar-94 2,199,357 559,453 2,875,491 28 A r-94 2,156 679 509,950 2 787,118 28 . . . . , a M 04 2,186,943 775,251 ~ 3,076,204 35 3,283.878 27 5; . r~'ii~~X'i'~ ~~:~.~2..'.. • - Jun-94 2,217111 916,556 , Jul-94 2,272,862 B50,6Q4 ~~'Jc ;3i#~~'2 3,046,974 29 Au -94 2,357,771 983 233 .~~i<4. . . 3,470,030 35 • Se 94 2,384,920 908,235 3.436.273 28 ..::;Q.." ~ s• ^c~ 94 2,3B2.Q88 647,385 3,258,472 34 7.~~ - sYz~¢s1'~'t~.a 94 2,act~i.897 3,723,666 29 ~x'?°a°~'•~a,s k>'x''.a trs@t61' adJ~ - De-O,a 2,126,Oi s,r ' -.3 17.1,8-f'i 28 '@d: 3.551 8ffi 35 28 ~a «~'~4 ~ rnEfer tldlrr 2rvet~ 24~ f ' : ~ • r.. _ An-9'i 2,630,1 '1 3,318,107. 32 31~Q ~ - ~b-95 2,379,658 ~ ~6?8~~> •..ut,~ . 'if-95 .3,599,649 24 M s.so¢`,G~t?s..~`vKi~'z,.~° >>~v.,,-,a~,.T :$s?~xs<'•%s..~? - A r-95 2.4471 642,305 r; 3 334 864 35 Ma -55 2,563.928 6BS,040 3,524,793 27 25' J un-35 " 2,338,464 683,621 3,300,054 28 Jul-95 2,425,314 7 14,668 3,412,841 35 .28:ac~`. `•;~~:•..`A~'~~'s.~~2'i - Aug-35 2,489,071 764,517 3,537,747 28 : x~..... X~~ Se 95 • 2.832,40~0 784,450 3 673,970 28 ~S~ . ~''s~'~., - Oct-95 2,708 371 665 382 3,618,424 35 ~gs s <~~a 3,52 6,334 28 Nov-95 2.630,393 609,303 Dec 95 2,625,429 696,007 3 530 605 28 Jan-86 2,6791800 601,111 3.280.91 35 td51t~ Feb-96 2,739 071 699,953 R%",~ 3,439,024 28 Mar-98 2,222,464 674,142 2,896,606 28 ~•`a°t~ 3 323,897 3 i9YP : 8fi; 61' R ' A r-9B 2,849,600 674,297 Me -96 2,836,821 707,454 3344,285 28 S=.~EtW;~LYfMpy. ? Jun-96 3,129,367 647,777 447,274 4,224,418 28 Jul-98 3,329,643 686,107 424,474 4,440,724 28 Au -96 3,713 Z86 742,719 410,864 4,866,8E9 28 Se 98 2,370,781 672,831 480.675 3,524,287 32 Oct-96 2,784964 728,289 290,901 31802,154 ZS Nov-98 2,831,286 745286 324,947 3,901,519 28 Deo-96 3,318,514 778,374 359,852 4,456,740 36 Jan-97 2,999,821 779,238 4,143,914 28 311 Fet-97 2,902,800 }6; °~SS~R 4,106,548 rvSA~<. . .........xs Mar-97 2,945,536 z:x77 375928 4,092.921 28 A r-97 2,873,857 866,184 382.997 4,123 036 28 M-97 2,869,178 840,304 381,330 4,070812 28 Jun-97 1,240,200 926,923 2551 155 35 ?S'=. Jul-97 2,930,571 972,748 4,308,974 28 - :,4~6~O1X22 1,028,218 544,440 8192 980 28 2x~tl ` ~ `V 97 2,973,833 4,481,305 36 k.......1....r., - ` „r,'ct-07 2,524,000 1054,579 480,181 4,088,760 28 _Nov-97 2,822,371 1,069,503 389,939 4,301,813 35 Qec-97 2,961,071 1099 789 . s` 4,427,774 28 r..W"WN°N'`':.: 112011998 3,951,422 5.1 1 5,304,299 20 pawkt ~ Rgfear~tti~ '1I1 > t s . 3,56~D,124 33 ~~'1'.~~2' 212311998 2,O~D7,383 fi<~,1 •47 312411998 =::4 $4~;907': 1,159,075 395 @54 3 39i8 138 28 29.4 ~,~f3~T~;~$• r ~ V ~~G3C~~I} :f`~g?~,+~wn"~s«X~6 x~i~1;1#!Ij SVI,/.kq,'..: NqSlt!`•.ApF< ~,.„~'~`,2.; ~.~;Al3~~~rr ~>`P :QY>t~~~: 4121/1998 1,084.718 473.660 5,298.838 28 SVI'."=tlY ,=i;i " 5/15J1998 1 120 404 542102 4,816.829 28 \/I:014:#1v8 .7 6l19l1998 3,150,822 1,101,209 530,128 4,782,159 35 7l17/1998 2;$73 4:411:; 1.181.M 538,163 3,993,420 28 3VI;lOSt:tlcft,~F 8/21/1898 3,102,086 1,243,168 541,138 4,886,330 35 9118/1998 3,113,246 1,210,511 541,985 4,865,742 28 --[V1998 3,162.296 1,172,398 566,095 4,902,789 28 ~ V1m 3,069,467 1,129,486 4828307 35 : _ . . . v:. . ~i 1i~.['1J1998 3,427,754 :1'~ : : :~x ! 3s•"; 5,686,525 32 1 P2a1999 3,356,862 1,113,466 4,965,526 29 ~i~ YSx? ~`m~ a~ ° r { ,6_ = . . " , 2/1811999 3,595,500 5,211,882 28 Date:eniia~':241Z19!9:=:~?i3ate:andiii 3117/1999 3,399,857 1,073,293 431,865 4,905,015 28 4121 /1999 3,450,857 9597.031 509,838 5,048,932 35 5/18/1999 3,459,393 i'5,139,376 28611611999 3,522,821 609,751 5,274272 28 7J21l1999 3,509,571 579912 ,204517 35 8J18/1999 3,561,786 601,657 5,289,029 28 9J15/1999 3,618,821 647,236 5360321 28 10J20d1999 3,518,829 597,031 5,237,200 35 11/1711999 3,593,071 1,112,488 571,740 5277279 28 12H511999 3,462,643 1,117,104 5336,OQ0 1/19J'2000 3708,057 1,128,071 1,080,187 5,916,315 35 2I16/2000 3,706,621 1,165,489 1,083.284 5,955,594 28 3J15/2000 3,759,071 1182689 1,165,340 6,107,100 28 4/19/2000 3,647,914 1,185,677 1,141,812 5,975,403 35 5/1712000 3,907,464 1,247566 1129157 6,284,207 28 . . 6J21/2000 3,816,229 1,279,740 1,109,799 8,20.5,768 35 ' 7I1912000 3 828,214 1,154,493 1,103,495 6,084, 202 28 ' 8/16J2000 3,824,107 1,316,396 1,090,773 8,231,276 28 912012000 3,861,629 1 286 $4& 1,146,172 6,294 647 35 1 Q118f2000 3,887,357 1,269,229 1,154,327 ~ 8,310,913 28 ' 11//512q;1J • 3,794,Sb0 1 248 018 1,1 f? ?:R 6,211,246 28 1 y2p/2040 3,880,600 1.272.206 . 1,172,563 6,3'.'i,375 35 - 3 Sti4,U~•I 1 e2i 993 1,297.151 ' 6,489,2'15 28 : . . : ~ •1J2112001 3,9D6,971 1,302,589 1158275 ' 6,367,815 35 -----=-i•--•'.: - - ....G. . 3121/2001 3937,178 1,335,911 1,206,369 6 479,478 - 2$ " - _ ~4.l18f2001 3,779,393 • 1,276,318 1,141 852 192 563 28 `9 T"16)2001 3,75fl,964 1,303,207 ' 1 157 421 8,21.1,592 28 012001 3,825;343 1,354,151 1,097,898 6,278,392 35 ' . . . . - `•.^..''_^n 1 L829,893 1 260.3?'. 6214171 28 8I15/2001 ' 3 ~ i 5,o~z ;;i83,3B9 1,106,688 • ' 6 265 969 28 . 9119/2A01 3 961 1,257 000 8,299,560 35 10117/2001 3,972,179 .1,272,707 6,491 969 28 W00`'•:#eat~,.' ~:1#i[ii`~~•~~1::`r°%~~ 8.482,731 35 . . 11121 /2001 3 934 629 1' 342 583 1205519 12119R001 4,081,288 1,488,957 1,204,308 6,754 551 28 . . . . .....y . . 1l1612002::a:::t::d°0$1;2~6 1 40D936 1,194,6M 8,716844 28 212tU2002 1 498;940 1,151,569 6612,396 35 312tU2002 3,990,179 1,450,671 1,070,179 6518915 28 f~~: V- ~a ` • ~ii~OAE~:~z^.•:1?>a':'??':.3 4117/2002 4.048,250 1 380 768 1.118,542 3748 6,551,306 2'8 5115/2002 3,972,143 1,318,332 1,119,297 4,337 8,414,109 28 611912002 4 077 266 1,299,2631 1 086,685 4,574 6,467,8()8 35 7118J2002 4,197,690 1,232,845 :;4 ..!f' ~ 4,568 6509141 28 ;l" brd•:`'"':;.'~~~~'i^~'~ 8121 /2a02 3,711,765 1,180,300 1,090,659 16,235 5,998,959 34 911812002 4,148,714 1,190,486 1,121,893 19,911 8,479,004 28 10118M02 3,979 536 1,120,800 1,235,261 21 094 6,358,891 28 1 112012002 4,242,057 1,109,029 1,192,126 23 628 6,566,238 35 12/18/2002 4,339,807 1,131,QB0 1,224,317 24,643 6 719 647 28 111512003 4,433,214 1,055,493 1,118,612 26,220 6,633,539 28 2J1912003 4,416,743 1,154,940 1,132,476 28 231 8,732,390 35 3J19/2003 4,357,857 1,124,364 1,143 609 31,937 8 8b7,787 28 4/1612003 4,341,607 1,107,171 1,230,368 31,937 6 711 083 28 5/21 /2003 4,390,729 1,064 646 1,188,853 29,966 8 673,8b4 35 6/18/2003 4,481 500 1 a54 218 1 108 353 3D 557 6674628 28 7116J2003 4,436.464 1,054,411 1,063,761 30 360 8 604 998 28 812QJ2003 4,332,543 1,115 569 1,109,785 32,647 8,50,544 35 911712003 4,411 643 1,178,993 1,205,9V 37,654 6,834,272 28 , 1 a115J2U03 4,396.393 1,140,571 1,188,056 39,428 6,764,478 ZS Bl2'O~U3 4,438 028 1 150 914 1,201,375 38,324 8,828,641 35 !~n;17/1100Ci 4,543,484 1,453,107 1,311 ,893 43,568 7,361,832 28 i:~f1~p.~ f f~~: 1/21I2004 4,399,800 1,537,668 1,713 961 40,532 7 202,159 35 ' 2J19f20Q4 4,636 862 1,312,621 1,312,621 40,924 7,305,028 29 3J16/2004 4,595,667 1 322 287 1,259.440 40276 7,217,650 27 3~31104.Nf)?1f!tasw.;8~9M~:~~Yd±!l~rfi t(~5~idi;,.t:i;~,;<:.rs 42112004 4520571 1 130,379 1,261,494 40533 6952,977 35 . . , " ; '`^~•assasv~ 5119/2004 4.535143 1,170,5361 1,229,484 40,4141 6,975,5771 28 I 6l16/2004 5 02Fl.286 1,656,214 1,161 917 43,766 7 890 183 28 7/2112004 5171,429 1,445,486 1,167 890 42,583 7,827 388 35 811812004 4,817,214 1,139.571 1,172,605 43,569 7172 959 28 9l15=4 4699714 1,146,964 1.234,839 45540 7,127,057 28 1 Ql2i?12004 4730.457 1221685 1,267,603 46,841 7,266 597 35 "w7/2004 4,719,786 t t 52,429 1,290,533 55,OOCi 7 2t 7 751 28 5/2004 4,768 964 1,187,643 1,347,935 57,980 7 382,502 28 9/2a05 4710,242 1,218,143 1,181 355 65,OOi9 7156349 35 Vi;O . ra eb~' u +vn 4jY ;NOVI 03y&p~~ 2/1612004 4.565,637 1,153,036 A483.708 68 014 7 290 395 28 S W 6d;^: UI 3118J2005 4,813754 1,142,964 017,202 66,634 7,340514 28 4r2Dr"rJ 4,812,000 1~167,143 1i351 2n 63,874 7,395,094 35 ~T RK>r~ far} .~y~Ya-0s3z-R ~c.~fti basa{3Ak }°r~q~r l~~r`~' y f~# XY*y k. g. SJ18J2005 4,905643 1,165,250 1223,612 66240 7.360,745 28 3f2914STNQI~I:,~Catibra~@f~~2Sd~#f dt;;34~~3rf710581f!> Sigma x~< d011i M. 11S.Ctt~` 6/15J2005 4905575 1,1729~4 1,160,939 • 68,014 7,307488 28 G9ra 711512005 1 :4f20e'FI~:SVi:-Si ma~aallb. n:' fitsori:E5:~s':: 51.17~'. OL~ •:CaUs .Ixt. . • . - . . . ' . , . i • ; ' . . . . • ;•5: , . . . . . , . • - . ' • . ~ 1~,-, . ' • • ' - . „ • . . . . . -,f_. / ` . . . t Interceptor UE'otai Flaws 9 992-Present 12,000,000 • ~ .0000, 10,000,000 • ~ 8,000,000 ~ ~ -*--Spokane Valley Interceptor ~ ~ . a ~ -m-iVorth Valley Interceptor a~ ~ 6,000,000 iVorth Spokane Interceptor ~ • ~ - _ ~ . -Camahan Trunk ---3:(--Total County Flowrs o Linear (Total County Flows) ►i 4,000,000 ~ ' . . ~ . 2,000,000 N c'O 'qt W) t0 f- OO Q) O ch st LO 0 r- 00 M O ~ O 0 OO~ O O O O O O 4 O C'4 N N N N N • N N N N N N Date ~ - _ . 1• • _ , r ~ Intercep4or and Tow! Ftows 2000-Present 12,000,000 - ~ o. - _ . . - - . 10,000,000 • , • . ~ 8,000,000 , --u-Spokane Valley Interceptor NoRh Valley Interceptor ~ 6,000,000 North Spokane Interceptor ~ . -s.F--Camahan Trunk ~ - -o-Total County Flows a~ Linear (Total County Flows) U. 4,000,000 . . 2,000,000 . , .."~f]~..~i^tir_ .•+I'•<c~~ ,:~-`~~'~'~'t . . . . - ' ~ . ~ O ~ N C7 ~ ~A ~O n OO G~ • O ~ N M v O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N NN N N ~V N ~ ~ ~ 6~ ~ r ~ ~ r ~ ~ ~ .e- ~ ~ r- r- ~ ~ ~ ~ ~ ~ ~ ~ ~ • ~ . ~ ~ ~ ~ r- ~ r ~ ~ e- r- ~ F r r- • ee". ~ ~ Date ~ ~ Interceptor & T'otai P'lowi 2003-Present 12,000,000 . . i . , 10, 000, 000 1 . . i ~ 8,000,000 + 0 --o--Spokane Valley Interceptor a . -&-North Valley Interceptor N c North Spokane Interceptor - 0 6,000,000 e~ .:---Carnahan Trunk -~-Total County Flows e o Linear (Total County Flows) ~ 4,000,000 . i 2,000,000 ' . L ~~•c~ . ~ • 0 . - ~ . ' ~ ~ N u'f m I~' ' CO 0) O O O O O O O O O O. O O Q O O O O O O O • O Q ~ 0 N N N N N N N N N N N N N N. P_ r r r r r r r r' r. r r r T 0 0 0 Q. Q'• ~ , Q a r- . - Date ' ~ { - . . • J _ • . ' , _ tiorth Valley Interce;)tor 1,800,000 - - - - - - - - . 1,600,000 • 1,400,000 - ~ 1,200,000 , • , ~ ~ a 1,000,000 H o . ~-~-North Valley Interceptor ~ 800,000 , 600,000 - 400,000 200,000 0 ~ , , . ~ ~ rn~ rn a~ rn rn rn~ rn rn °o °o 0 0 0 0 0 0 ~ c~i o m lm O) OD W W 0 O) CD W OO CA O O' O O Q ~ ~7 C7 0 O O r' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (~l N (V N N N n! N N N N rrr r r r r r r r r r r r r r"' r' r r r r r ~ ~ ~ ~ ~ ~ ~ ~ ~ \ ~ ~ : 1~. ~ ti a ~ ~ ~ ~ ~ ~ ~ I~ ~ ~ ~ 1~ r- 1~ ~ I'~ ~ 1~ ~;'~':~'C~ 1~ ~•'I~ ~ I~ ~ . ~i . . - -Date . ' t Revis1on OT`~''' A'7i 1,1'llltMnW~-- ~ _ r~~~Greenacres Moratorium I I . ; Pet1#i0n A,rea f f ~ I ~ Legend PuceIs overonc acrt VwantLand Sirtgle Familv Ht3use~; P]uglexe5 ~Yested C7evelnpmenLs ~ r - rl ~ y-• ~ Requested Boundar±,r wareT sodies -p s--- 1 r ~ ~ ~ • I ~ -Mil}7L-t]C.gt1011 IdSPlif1~~ -A, _t ~Au~6la-l ri, ~ ~s"1a~n'` ..1'rrf;rr Tiw rrt/urmWmuro rbu,vn ren sJn s nc:rp €s cnmpukd;rrrin ;47vrnrac ~ I ;y _ ~-I- ~I - .n.~w+rerw~l~rulr;settu.ar~t~nrrctizrr~n.1'~cz;r~ in~Ltsrwt'Ltrriu lii% -purvarf+gea ui)+j++fi Ilra ar.Y.nro. sN s`iuMm;r tlflhia m141 aad ~ I 4 p rn,~x+h cf~i~tnhnr rd~l~~ftl{!~ °rw drrrx! cit~rd~xrrJZaw~s r;i Ytl cRrrr~•,irr. ?'~'ald9ni~rnf~6M n.b ' T~~. ~.U,rrf~+! qlT'1mmrff.W, PjfPJJ I~1~ ~ I I T=vdur~ n~ ~!r I, ilx ni S~will~nr Y~Ilrr,ilimAVChti'~n~.bp~sw~ [kpirtural F-Fi 1)RAFT C.T.TY ON" SPOKANE VALLEl' SPOKAi\TE COi)NTY, WASli.1NGTON . ORDIl1`ANCF NO. AN ORniNANCE OF TAF CITY OF SPOKANT VALLFY, Sl'OKANE COUiNTY, `VASIIlivGTON, L+"STABLISFII1vG AMORr1T012_TU~'i ON TFIE FIL,TNG AiNTD ACCEPTii'NCE OF .1PPi,,ICA'1'IONS E'OIZ i,ANU USF APYROVALS W TEiE GRrENACRrS NEiGHBottHoon. Wl-IEREAS, the Cily of Spolcane Valley incorporated on March 31, 2003; and WHEREAS, t.he City Council believes it is in the best interest of the citizens to adopt; ccrosider and enact reasonable controls and developrnent stanclards and criteria that relate to land clevelopment; and \Wf-I.F.:REAS, prior to ineorporation, the City Council adopted interim develqpment reoulations, inclucling dhe Interim Spokane Valley Zoning Code, 7oning [vfap and Phase I T)evelopment Regulations; and \VHFRE.AS, on January 25, 2005; the Cit_y Coumeil adopted an areawide rezone for the Nordi Greenacres neighboncood, changing the interim zoning from Urban Residential-7* (Uft=-7*) to Urban R.esidential-3.5 (lJR-3.7); artd WHEREAS, the City reccived a petition for "a temporary moratorium against development of densitie.s of niore khan one house *per acre," signed by approximaCely 52 residents of the Grecnacres neighborhaod; and • : WHERJ:AS, morc►toriums enacted•under 1'ZCW Chapter 35n.63.220 are a method by wMich local governments may preserve the status quo so that plans ancl regulations will not be rendered moot by intcrvening developments; and WHEREAS, upon consideration and adoption of this morittoriurn, the City Council shall either prior to adoption hold a public hearin3, or tivithin sixty (60) days of atloption, holtf 3 public hea.ring on the . proposed moratorium; 3nd WHEREAS, the moratorium shall not be effeccive for longer t;han six (6) months but may he effective for up to one (1) year if a«rorl: plan is developcd by the City; and WHEREAS, the City Council finds protection of ehe puUlic health, safety and welfare supports establishment of a moratorium on applications for subdivisions, short subdivisions and znne reclassificaiions within t.hc Greenacres neighborhood; and ~1rHTREAS, the City Cnuncil adopts the fallowing: . FIIYllINGS QF FAC'f l. The City of Spokane Valley expects to adopt a nctiv Comprehensive 1'lan and Development Re-ulations by thc end of 2005. 2. The Greenitcres neighborhood is developiiig a neighborhood specife plan that will Wdress lancl usc densities, transportation circulation and policies to protecl neighborhood , character while allowing for new development; 3. The Greenacres area is experiencing significant pressure from new development. Current development regulations are not adequate Co ensure the neigliborhood eharacter is _ prescrved. Ursfl Ordinancc Moraturium, Grccnticres Page I of 2 i71tr1~ I' . ~t. New subdivisions proposed Cbr t.he Greenacres area are inconsistent with the historic ncighborhood character. - 5. Infrastructure in the aee.a, includinp roads, sionmva[er and sewer facilities; is n4t adequate to support intcnse clcvelopmenl. \j0W, TI-T:i:R-.PQRi;, the City Council of the City of Spokane Valley, Wasbington; do ordain as fnl lows: Section Development 'Mnratorium. `['he Ciry of Spokane Valley imposes a moratorium upon the tiling of any and all applications far subdivisians, short subdivisions and zone reclassifeations within the Greenacres neighborhood bowidary, as depicted in tlttachmenl "A." `1'he City shall not sccept any sucli filings or applications relatecl to the same until this moratorium eithcr expires or is removed by action of the City Cowlcil. Scction 2. FindinW;. The, City aclopts the above findings of fact as support for this moratoriurn. Section 3. City Administration. City staff shkill not accept any applicatians or issue any rermits f'or subdivisions, short subdivisions and zoning changes within lhc boundary of the Greenacres neighborhood, as depicted in At1;3ehment "A." F3uilding permits for residential scruelures on individual; existing lots shall be permitted. City staff" sliall devclop a work plan and report to thc Cit:y Council a timeline for fnalizing lan(I use pliuns and development regulations for the Greenacres neighborhood. Section 4. Term of iVlnratorium. "Chis moratorium sliall be e1'fective immediately unon passage of this Ordinance and sliall continuE in full force and efFect for 5ix (6) months from the date of this nrdinimce. ' J Section 5. Severabilit)_. If any section, sentence, clause or phrase of this Ordinance shall be helci to be invalid or unconstitutianal by a court of competent jurisdiction, sueh invalidiry_ or ' unconscitutionality sliall not affect the validity or eonstitutionality of any other scction, Sent'ence, clause or , plirase of this ordinance. Section 6. Fffective Date. The Council declares thaC ii public urgency and ernergency exists such that this Ordinance must be immcdiately eifective in order to prese:rve and protect the public healtli, public safety, public property and public peace provided this ordinancc is adoptecl by a majority votc plus one of the whole membership of t11e City Gauncil. l'ASSLI7 by the City Council this day ofJune, 2005. Al 1TS'I': Diana Wilhite, iMavor CFiristine Bainbridge, City Clerk ~ Approved as to Form: Cary P. llriskeU, Deputy City Attorney _ Date of Publication: EfFective Date: Dra1i drdinance Morunrium, Grecnacres E'age 2 qf 2 I II I ~ r. rY., ~ 4~'1 ~s ~ ~ ~~'4 _ _ 1 ~ ~ ~ . A1tachmenti A I ~ ~,.~1.}A~~1qniJI,Y"re L, Greella~+i~rs MoiALUIiWIJIi i ~ ry _.I Area ~ i' i , ~ y ~ ~ ~ 4~ r~ r T ~ ~ • ~ ~ ~S, ~ , a~ .4 ``~`~~~~c,. ^q,~ ~ 4 ,r"~ y°;,~``~ ~;~~5;«~. ~rai R ~ I 1,11 ~ . OX~' - ~ I • ~ ~ ~7 - Y' . k e~.~1 ON ~ . \ ~l~'"~h SR!}1 'h°~4 ~ Ri ~ r.. ~ ~~.4 ~ .w . ~ . . ~w' r ' F, ~ ~ 't ~ ~ 5 { ^ {i ~y'1~ ~ ~ ~t _ ~jll- f ~ l ~ E ~ w f [•lk=7-~7 t , : . s I r ~R} ' ~ . 4 1\ 1 . Ik`4L . ' ` F Y', Y 6! f 4". q 14 000 V/~4l ✓ 'k~.~ ~ ~ 1 / r ~"}'s~~-.fr I f~~ ?+f. . Il ~ 3 ! ~Y . E{..jr. c , , I ~P ti4 ~ ~ f x'f-'` ~ I ~F y ~•I~ 35:y ~ •'µt] ~i 41A R. J ~ , '✓~`374 } E.~.~ ~ I ~ ' ~`r, ~a ~~,ti / ,t.Augt~SEV ' ' ~E~--~ ~ 1; 4~: ~ 'nj F~j ~~f~~ ~ _ ~ WaeT f3odirs wb i ! ~ l ~ , 1 a•'tt'i\ ~ ~ ~ ~ f ~~1I41 ~ . . x,~ l~il~ .-L~~li~ ~~f'/. ~ ~w , ~ ; ~ , lf ~ ~ ~ . Cir~nu~ns Mr~rlfU~ium Q4i~a~~~~°► ~ tl~ r+ i . +~a ~p Ltk-AtEIt9f1 k ~~4~ ~ ~ ~ ~4 I~" I 'f •~9n~[h ~ ~~~r _ 1~ m~- ~ I, '~9 z ~ r ` C, ~ - ~ 113,,~,ne y~ . x. ~ \ ~ ~~`7'`'`f-~7'~ - _ ~ ~'f. . ~ r r-~, / V" - ~ . ii~~ R~ • ~ _ . i . ~~~~`i [~a~Eda _ _ :s°~' !r'r~•~ ~ - ~ . . . . _ , : ~ . , , . njm.E rrr inn rl1r~ ~tr~r~t , . Bra,wa~ ~ ~ i ~ I Bra•id~4.n~' . J " R~. . 17 ; I I~ a a I ~ ~!r J ~ - ~ - - - _ - - - - _ i ~ ' S~*'~p'~`okane ~ . Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Walley VIA 99206 ' 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevaUey.org May 2, 2005 • Spokane Valley City Council 11707 East Sprague Spokane,lfVA 99206 RE: Greenacres Moratorium Request Council I'Vlembers: On November 18, 2004, the Spokane Valley Planning Commission considered a request.for a development moratorium in the North Greenacres neighborhood. : . The moratorium request was forwarded to the Commission via the City Clerk in the form of a petition signed by Greenacres residents. After discussion, the Commission voted unanimously to recommend that the City Council deny the requested moratorium. The Commission did not find that a development moratorium was warranted, but did believe that the Greenacres areawide rezone would address many of the neighborhood's issues. Thank you, David Crosby, Chair Spokane Valley Planning Commission Attachment: November 1#, 2004 Planning Commission meeting minutes ~ sCIT'~okane f p ,;OoValley 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org MEMO Date: November 19, 2004 , To: Dave Mercier, City Manager Nina Regor, Depury City Manger Cc: Marina Sukup, Community Development Director Greg McCormick, Long Range Planning Manager Chris Bainbridge, City Clerk From: Scott Kuhta, Senior Planner ~x RE: 11/18/04 Planning Commission Meeting Greenacres RezonelMoratorium r ~ The Planning Commission voted to bring the Greenacres areawide rezone back on the fiahlc for Feconsideration at their November 18, 2004 meeting. After lengthy discussion, the Commission voted 4-3 to recommend approval of the rezone from UR-7* to UR-3.5. (The October 14, 2004, vote on a motian to . approve the rezone resulted in a 3-3 tie.) Ciry Council will be briefed on this item on November 30, 2004. , Community DcvElopment Staff proceeded to brief the Commission on the proposed moratorium for the GreEnacres area. Staff informed the Commission that the issue was scheduled for discussion and consideration on December 9, . 2004, and .that public comment would be accepted at that time. The Planning Commission asked if the issue Gould be considered immediately. StafF informed the Commission that moratoriums do not require a public hearing to be adapted and that they could discuss and make a recommendation on the reqeust. Staff alsq mentioned that interested Greenacres residents were told that they there would be opportunity to comment on December gcn AftEr discussion, the Commission voted unanimously to approve arnotion to recommend denial of the requested moratorium. The Commission did not find an immediate threat to the public and did not believe the issue needed to be ~ - extended to December g", Please let me know if you require further information. . Spokane Valley Planning Commission Approved Miiiutes Cuuncil Chsmbcrs - City llall 11707 E. Sprague Ave. t\'ovember 18, 2004 l. CALL TU U12T7:I;R , PlFinning Commission Chair Gothmanai calleci the meetitig to order at 6:32 p.m. II. PLEllCE O!+ AI.:L;EClAtvCE 7'hc Coinmission, audience, and staff recited the F'ledge of AlIegiance. :I I .R(7LL CALL • Frecl Beaulac - T'resent 13i1! Gotl»nann - Present F3ob 131um - Pi•eserit Ian Robertson - Presene David Crosby - Present Jolln G. Carroll - Prasent Gail KogIe - Prestut N. APPROVAL Uh AC]E~1vDA Cnrrririrssiurier Gotlrnrurrn nroved tliyt the Nuuen:ber 18, 2004 agenda be approved us presenterl. Cummissioiter Crosby seeoi7.detl the motiat:. 11lotintr pnssed ununiirroilsly. ' V. APPROVAL OF ~ZI!~1UTES Commissiooer Gnthcnann recauesr.ed acldition of the following sencence to the end nPthe fifth mption made for ftE%-17-04, Iocated at the bottom of Pa;e 4: . "Mation tred 3-3. The motion far:led. " .It wcrs ruoved by Canrmissioner Robertson artd seconded by Commissintrer .Kogle that the nrinutCS of the Octuber 14, 2004 Plun►7i.ng Conrntission nieeting be approved as ainendn,d. llfotion passed unuaimously. V]. PIJ:RLIC COy1MENT There was no public cominent. Vl-I. CUlVI'lVI;ISSI()N RI!:.PC7RTS , Coinmissioner Crosby reported that the Ad I-loc Sign Comrt►ittee has compleced its irr►rnediate work and will be attending the I7ecember 9, 2004 Plamiing Comrnission mecting f'or a study session to review changes made ro the existuig Sign Standai-ds. Coinrrussioner Beaulac attendecl the Parks Master Plan public meeting.on vovembei• 4, 2004 at Spokane Valley ChLirch of the \iazarene, as did ; Comrnissionea• Gothmann. Much oi'the meeting was dominated by equestrian _ " issues. [t was ubvious t}1at strorzg suppo.irt to ki:ep the Mission Hurse Arena open • exises. • ~ . Comrriissioner Gothmann and severttl oCher Commissionc;rs aitended the Joint Flanning Comrnissioner:s' meeting recently. Cottnty-Wide Planning PoliCies (CWPPs) were discu5scd, and he wanted to assure that all Corr►cnissioners receive an updatetl copy. I-Ie asked Ms. Alley to provide Commissioneis Crosby; l'Zobeilson, B]iatn and Can-oll with a copy. VIII. A1)M.lt\'TSTRATIVT RrPOR'l'S Mr. McCorrnick iiitroduced Mike Basinger to the Comrrvssiou. ►Vfr. F3asinger is ary Associake 1}lanner who was recently liired by lhe City to assist with the Long Ranoe and Cun-ent Planning workload. He farmerly workecl widi the Boundary 17eview BoHiYI, anc1 is very familiar with the Spokane Valley and ics beographic and govenunental evolutiori, There wili be only one F'lannine Commission meeting in Decembcr. lt will be held on Thtarsday, Decertiber 9. The meel'ing seheclule wil) retum to [he second arid fourth '1"hursdays of eac;h morit.h begirming pn Janutiry 13, 2005. The County Cocntnissiou took new aceian Chis past week by making lappulation allocations for the City of Spokane Vallcy and the (;ity of Liberty Lalce based on a recommendation by ths Sl'eering Cornrnittee of Nlected Officials. Tbis allocdtion is calculated to reflect potential grbwCh within t}'ie next five years, using available area ancl resources. The City oF Spokane Valley was allocated an . adclifional 20,666 citi-r.ens to its popiatat.ion census. Trie [.:iberty Lake annexation rtc:luest was denied by tlze Bau.nciary Rcview BoArd. I.X. C'OIVINIISSl4N RUSI.NESS A. OLp R1)Sli~'HaSS: ' • • ' Cnntirwcd Public 1•Iearinb on Comprehensivc Plan Amcndmenf No. C'YA-07-04. This hearing was conrinued by rnot:ion on October 14, 2004. 1\4r. Kuhca _ clireLted the Comrriission's attenrion to a memorandum written by Sandra Raskell, f'.E., dated Noverober 12, 2004. In it, Nts. Raskell explainecl [Yjat [lie City of Sppkane VallEy Public Works Iaeparanent receive;d three cnpie5 of the tlpplicants' `l"raf.fic :[mpact Analysis foi• ~Vlans~ielci P.venue Coi-iidor Assessment and T a,vscm Prqperty on 'November 10. The C'ity's Public Wurlcs Depa►lmeni requested that the piiblic hearing for C}'A-07- 04 bE tabled until January 13, 2005 to allow staff sufficient time to review and couvnent on the stndy. Commissioner Car►•oll requested a copy of che srucly to review before the public riearing ori Januaiy 13. M.i-. Kuhta explainccl ihat the eritire ' document may not be available, but he wQUId eiideavor to.make an executive summary available to all Comtnissioners in the near fiiriire. 2 / ' Commissioner Colhmurrn nruved tFiut tlie Plarruin,t,► Cunrmrssron contiirtre the pcrGlic heari►rg on f:'nirrpre%ensive Plan Amn.ndinent No. CPf1-07-04 tu Januury 13, 2005. tYlation tivrm secnnded hy • . Cnmiuissroner IXnberi.snir. ?Ylntinn passed unnninrnirsly. . Greenacres Area-Wide Rezone Application No. REZ-'17-U4- I3efore moving Qn ioNew Business; Chairman Gathmann requested time _ ta discuss wha[ happent;d at the public hearirig un October 14, 2004, for the Greenacres Arca-Wide Rezone A.pplicar.ion No. R_E"/_.-17-04. Several Cotmnissioners expressed dissatisfaction with the tied vate, which rESUlled in moving the tnatter to Ciiy Cnuncil without a recOmmendation Ii-orn the Planniiig Cominission. After reviewing "Rabe,-l's Rules af Urder- Comiriissioner Gothmarun concliacted that the Commission caulcl mopen the matter for fuitlier discussidn if a rriotiun is niade to reconsider the original motion. A Motion to Reconsider can be made at the same rneeting or at the next meeting if nothing has becn done on the motion itself since the last meeung, ancl a Commissioner on the wiilning side (Cornmissioneis Ca'osby, Can-oll and F31um) or one who did not vote but is well-veised on the matter (Coinanissioner Kogle) must tnake the Motion to .Reconsider.- ~ It ivas rr►avecl by Commissioner Kogle that the ori;qinrcl requesi jor a ~ Greenacres fl rea-Wide 1{eznne, Applrcatiari N& KL`L-1 7-04, bP ` recotlsidered by t/te Plartning Commissinn. Commissioner Cut/irnunn seeuncled the niotion. Conrmicsroners 13eaulac, Carr°oll, Crosby, Cotlimann arrr! gub le votcd irifuvor of the mntion. C'onrnrissioner 13lcnn vvtcd in oppositrorr nf dre motioli. Comtnissioirer Robertsvn ahstcii,ierl f'rofrr the vote. il9ntinn carriecl 5-1. Staff provided the Cornrnissionets copies of handouts from twc► previous • rneetings in whicli tlie Greenac.res .4rea-WidL Rewrie request was heard. There was a discussion among Commissi4nei5 regw'ding d1e responsibility of a govemment agency to honor original zoni.ng designations which were inte;nded tor development in i-esidential areas eqiUilly to tfic zoriinb reqursts ofresidents wLio wish to liinit development in their residential areas. Commissioner Ctu-roll is greatly coricerned that if our City does not respect past clecisions or is not consistent in its ]and use decisions, , businesses or ocher investors may not ftcl confident enough in our government to commit to long teiYti clevelopment plans. Cammissioners evcre rcmin(lccl that City procedures exist vrhicll allow landuwners to rezone cheir propcrty if ihey choose to do so. Xt ►vas nroued Gy Commissioner Cul•roll, und seconded by Comnrissinrrer Crosby, thn.t the Plarinin- Conuriissinn amei1d the nrigilYal rnntiorr tn _ crppruve tfie Greerraa•esA. rerr-Wide Rezone request'ns pr•esen ted by ~ e_remJ)tiltg the nreas on the map colured in pitik, a►'ange afrd b(t1e-,ruy. 3 . C'ommissioriers Rlum, C'ari-oll, tr~id Crnshy vnted infnvnr of the amenrled itrotion. Camnrissioixers 13eaulac, Gnthmann, Xogle rmd . Rnhertso►r voted irr vpposifinn of the arrrended mntiorl. Alotionfailed 4- . 3. Commissiorrer C►•osGy rnUvetl fhat the Plrrrritiltg Cnrurnissiou rrnierid the original inotiutt to crpprove the Creerrtrcres Area-Wide Reznrre reyuest as presented by c_rcluding the ai-en tivest ufFlora ai:rl t1or•tl: ofllfissiorr utid the ureas nn tfrn_ nraP colored pink, orange undblue-hrny. Tlie unr.cnded mntinir wus secotrded by Comnrissioner CarroIl. Commic.cioners C:arro!! nrrd Croshy votecl in fnvn►• of the anrendcd r,rotiniti. C'oinmissiorrers Reacrluc, Blum, Gothrnntrrl, Kugl~.~ und Ilnbertson voted in opposition of t/7e camenrled matiuM. 1VJation f'ailed 5-2. Chairman Cot/rnrariri r.allecl for u vnte otr the o►•isrnul rnotiaI7 fnr the Pltrnnirrg Co►»missr.on to npprone the Greeracres A rru-Wide .ReZnne Applicalinrr 1Vo. /1FL-17-04, a.s presenlec% COmrrrr.SSrnnerS Beutrlar, , Gnthina►r►r, I{agle nt1d Robertson voted in f.avoi• of flle uriyirr.nl mution. Comrrrissroirers Blu►n, Cf•vsby ar7d Ctn•roll vut.ed 1n oppn5rtion vf the origiirul mnti.oix. lYlatioi? passcd 4-3. ThePlannr:n,; Cmmnrissiorr wi.!l additivnall~, reyrrest thut the Cocuxcr./ ; t. . consirl.er ai•ecomtr+endatio,i to allnw tlrose lun.do►vners irf tlje pi.tik urrras ' uf the rrrap Ije exenrpted fi•orn pnyiirg the C_ity's rezone applicatiorr fee if they chonse tn retrirn to the UR-7*luniria lLL'.Sl,~S'17llILlllt. )V1tIt1/1 tIJE /1.G',ll nvo yerr.rs. iVL'. Cary laiiskell spUke to the legality of the recomniendation for a Iee exemption, stating thai he would advise against it because it cou(d be construed as a"gift' of a Puncl" by the City to the landowners involvEd. 1"he Commissianers iook a ten-miilute break fi-oin 7:40 - 7:50 p.rn. B. NEVV BUSJNT,SS: Crecnacres Area Petitiou Requestinb a iVlaratorium on NeNv : Develc►pment. - 1'he City Clerk received a reyuest f-or a temporary moratotium on new dcvelopment ui t,he 'NOiih Greenacres area on August 10, 2004. Tlie request was delivered to the City in the f-orm of a petition signed by area resiclc:nts. City Council has requested that tfie Planning Comnlission rcview tYie i'equesi and foitivai-d a recammendalian to then•i. Tlte moi•atoi'ium request is scheduled to be discussed by the Gomrnission on 77eceinber 9, 2004. Maratoriums are enacted wlien tllere is an imniediate threar to the geneml public's bealth, safety and welfare. The Conimission l_ must clccidc if'cw-i•ent zoiting within the North Greenacres area dhreatens . 4 ~ the pwblic's health, safety or welfare and make specific findings reflccting these chreats. The Comrnission discussed the staff'repori and the issues involved in t.h.is request. M.r. Kuhea explainecl that vlr. Drislcell was present to answer any lebal quesLions the Commission yiiight have on this issue. C'nrrlririssioner Crosby moverl t/int fhe /'laniying Commission ►•ecornmerid derriul nf the ►nnratc,riunr petidorr tn Ciry C`nuncil. Mr. Crosby's YYlntivn . wus seconded by Cn»vnissioner 131iim. Motinn passed utinnimazrsly. 'lfie Commission agreed that it may want to revisit this moratorium • request if the City CoLmcil doesn't agree wit1i its recommendatinns orl thc Creenacres Area-Wide Rezone rcqucst. Flectiun uf 1'lanning Coilimissiun Officers - 2005. Mr. ivlcConnick a~,~reed to facilitate the nominations f'or Commission Chair. Commissioner Robertsdn nominated Comitiissioner Goth.rnann far the ofliee of Chau7nan. Thra•e evas a brief discussion ahout this . no►ni:itatiori because officer positions are lirnited to ewo cnnsecutive tei7ns - and several Cojrirnissioners understood that tyt.r. Gothmann had served h.is 'h,vo [erms. Commissio►ter Blum nonunated Commissioner Crosby For ehe ~ ' offce of Chaii'man. ' • Commissioner Gothmanri receivEd three voces fi-om Coinmissioners . Beaulac, Gotriniann and Robert,son. Conunissiorier Crosby received four . voCes from Cotn_missioners Bluni; CaIrqll, Crosby and Kogle. As n rescilt. , of iuojnriry vote, Connrnissia►rer Croshy wil[ serve as Plarznirrg • • Conrinissiarr Cliairmaiz, effeetiue Jran.uary 1, 2005 t/iroclgli Decemher 31, 2005. Chairman Gotlunann facilitatecl the nominations for Commission Vice Chair. Cornrnissioner Beaulac nominated Comrnissioner CaiTOll for the ofEice of Vice Chair►iian. Comirussioner Gothmann norninAtcd . Commissioner 12obertson for the office of Vice Cliairman. Commissioner Garroll received five votes fi•om Comrriissioners Beaulac, l31um, Can•oll; Gi-osby and K.ogle. Commissioner Robertson fibstained h-om voting, and received one vote fi'om Commissinner Cnth.marui. As n . result of ntcrjarity vnte, <,'ommissiuner Carroll }ui!/ serve as 1'1annitig, C'ornlitissinrt Vice Cltair, efjective Jarura.ry 1, 2005 thr•ough Decemher 3.1., ZUUS. Commissioners Gothrliann and Robertson were comriiendeci on their work Hs afficers af the P1Anning Conunission f.oi• the past iwo terms. . 5 . ! Deputy Mayor Richard Munsan addressed the C:omn'iission with regard to a meeting he had attendcd earlier in the morning. 1=astern 1Vashinucon [Jniversity has estimatctl a 5.3% growth in sales tax revenue far ,Ill areas • • of Spdkane County except the City of Spokane. He jokingly told ?vlayor Jim West that the Valley had abancio»cd its efforts ta annex che Ciry of . Spokaric whcn they heard that zero gi•owtfi in sa(es tax revcnues were projected for tliem. . Diseussiun of Planninc Commission Rules of Frocedurc. ' This rnatter was placed on the apenda because of'the iie voie ai the last Comrnission meeting regarding the Greenacres Area-Wide TZezone • request. 't°he tie vote enabled a public request to be foi-wardecl to Gity Council withdut a recommendation fi-om the Plannir►g CC1rTLrT1]SSi4tl. AftCI' a brief discussion, the Comrnission agited that this will seldom occur. IF it does; the C:hair has the optian to extencl di5cu_4siun after the vote in.steacl of cncling Cornrnission defiberations wi[hout elosure. X. I+QIt'1"1=rE GUUU UN 1'HE ORDER There werc uo matters to discuss, XI.. A D:I Q 1J171VIVCEdV °I' There being no further lausiness, [he meecinb was a(ljourned at $:30 p.m. : C SUBNllTTLU: APPROVh 1): Debi Aliey, tlclministrat~e •sistailt ~illiam H. oth.rnan.n, Chaii-rri.in ~ . 6 To the City of Spokane Valley City Council & Planning Dept. ` We the undersigned are the resident landowners and primary stakeholdcrs of North Crreenacres Community whose boundaries vvere dcfmed in 1993 as fvllows: ~Iortli aBd Wes# Boundary is th~-Spokafle River and the-South Boundary is Mission Avcnue and the East Boundary i.s k3arker Road. The Simpson Subdivison in the soutbeast corner is excludEd. The owner . occupieci plats rEpresents thc primary stakehoidErs who are com.mitted to preservi.ng i:he traditions, custolns and culttire and economic stability of our neighbarhood. WE ARE PETITIONING FOR A TEMPORARV MORATORIUM AGAINST . DEVELOPMENT OF DENSITIES OF MORE THAN ONE HOUSE PER ACRE UNTIL INTERIM ZONING IS ADOPTED. WE ARE ASKING FOR A ZONE CHAIVGE THAT ACCOMODATES THE RECENT RIGHTS WE HAD UNDER SR-1. . We the undersigmed agree that this is an old established neighborhood dating bacl~::l.,):.uears, sharing a common culture. 1 he kceping of larger lot sizes, gardens;•'~mall orchards, animals, and some tnick'farming cha~-acteri7e the historical foundations of this local area. Approximately 85% of Parcels are t single farnily residences occupiea by owners. We have a lradirion of larger parcels with over 5~a". f.tbese parcels bcing largcr than 1 acre as pursuant to a stuciy done in 1994 by Spokane Caunty.:-~-- We are committed to the prooess of w+ritirog a Neighborhood Plan for adoption into the Comprehensive IPlan . . Furthermore, we are concerned due to the near proximity of the river, that our health and safety will be compromised without a moratorium. TgE ABIGTI'Y 'T'O BR1NG SEWEIt Pli'E OR PROPOStUS FOR NEW WASTE - v1ANACCM[ENT FACILITIES DOES NOT iMEE`I' GNtA COVCUIZRENCY• UIVI,FSS TffE PRESENT WASTE MANACEi•fENT FACIY.I'TY AAS TAE CAYACITY TO EFFECTIVELY'i`RE AT ALL THE ADDTTI4NA.i. EFFLiJENT FItONi BOTEi CTTY AND COUNTY NEW DEVEI.,OPk-viENTS, TT POSES A PUBLIC SAFETY HAZARD. (The danger as posed by the recent accident provokes serious thought. This issue, by overwhelming evidence must be solved.) WE are also seeking adoption of a resolution for establishing policy that ~ mitigates impacts that effect traditions, culture, and customs, economic . stability, and quality of life. (i.e. horse keeping and a PUD side by side) _ - CITY OF SPOKANE VALLEY -l Request for Council Action Meeting Date: June-28, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing information admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Amending Hearing Examiner Ordinance regarding Proposed procedural regulations for appeals of certain administrative decisions from the Hearing Examiner to the City Council. GOVERNING LEGISLATION: SVMC 10.35 PREVIOUS COUNCIL ACTION TAKEN: The Council previously adopted SVMC 10.35, which stated that the Council will later adopt procedural guidelines for processing appeals of administrative zaning decisions from the Hearing Examiner to the City Council. BACKGROUND: Staff, in conjunction with Mike Dempsey, drafted draft rules in eady 2004, but did not forward them to the Council. None were needed for over two years, because there had been no appeals from Hearing Examiner decisions to the Council in that time. Staff started with the County appeal regulations, and then worked witii Mr. Dempsey, along with several other land use attorneys in the area, to refine them to get to what should work most efficiently for the Council and the parties involved. Subsequent to the study session on this issue on May 24, 2005, the City determined that more time was needed between when the briefs were submitted and when the Council hears a matter, so this current draft has moved those deadlines back one week. OPTIONS: 1. Instruct staff to.modify the proposed rules, or 2. Advance'the ordinance to a second reading, or 3. Suspend the rules and adopt the new regulations tonight. RECOMMENDED ACTION OR iVIOTION: "I move that we suspend the rules and approve Ordinance No. 05-021." BUDGETlFINANCIAL IMPACTS: N/A . STAFF CONTACT: Cary P. Driskell, Deputy City Attorney . - ATTACHMENTS: Draft proposed appeal regulations. Draft -6-28-05 ; CT7'Y OF SPOKA~YE VAI.,LEY SPOKANF C()UNTY WASHIINGTUN - O1tDINA\TCE NO. 05-021 AN ORnINANCC OF 1HE CTTY QF SPOKANE VALLFY, Sl'QKANE COUNTY, WASHINGTON, AMENDiNG PORTIONS OF SPOKANE VALL,EY N1UMCiPAL CODE 10.35.150 FERTAIlVING TO PROCEDURAL GUIDFI.INES FOR Al'PFALS FROM DFCISIONS OF THE M:FARINC F,XAMIlVER TO TRC CI.TY COUNCIL. WHERFAS, the City aclopted Spokane Vallcy Municipal Code 10.35 ttuough Ordinance 03-057 to pmvidc authority and tiirection to the City Hcaring Examiner; and W1-IF,RFAS, in adopting SVMC 10.35.150, the City Council stated that the City Council shall . later adopt procedures directing prqceciural requirements for any appeal of a Hearing Fxaminer decision to the City Council; and WHERI:AS, lhe City Couricil now dcsires tn adopt such procedures for appeals of the 1•Iearing Examincr td ihe City Counc:il. NOW TI•IC'RFFORE, the City Council of the City of Spokane Valley, Washington, qrdains as follows: Section 1. Intent. It is the intent ofi the City Council for the City ef Spokane Valley to provide praceclural guidancc to entities that desire to appeal land use decisions issuecl by the Hearing Fxaminer. ' Section 2. Amcnding portions of SVIVIC 10.35.150 relatinp, to appeals from decisions of the Citv Hearing Examiner. `I"itle 10, Chapter 35, Subsection 150 of the City of Spokane Valley Munieipal Code is amended as follows: 10.35.150 Appeals k~~4ess-~~~-eN~d wttte-(see-GhapwfF,~Gand-90-SR-R~ aggf+ave ' bH-E@3~~R~E~t}~S-~FAEH-t1}@-E:f#Ee-l~if3-~1~@6i Sii3H-44h2-@iift333iji8T-FS~@ijC~@fidE~--~AI'-j}tt~~E)S@S-@~:~}I9-S@S~IAfi,~31i ac~Re -'-I--2f$fj13°~ ili@flf15-3t3-If?dhW~a`~•••,cnii--cninElt,Y-Whe-$ppE'~ ew"~2ll66--F3~ fli@4t@Eii-litg-43@tbr-8-E}1e~-Ft1TT►F16#~-OHttiiGf~~~}H~-~26~E~-~-C-~~.°°~c ~-:-cEvn7-°~3EElfl#i~Pl-i:~t6-1'tt3~@8}: r..,,l...,r-itteii-aHpes1--5h-.il_.,iiogo . or. i:FeFs pr-eeedufal +n N:kre-~n~~e-e ~ae-ee+~~e~iei~ s~~+e~a+~-er-E4evel~ef~t-~e~+l~ieErs- b er-ied-a-IleIltcd-mid upene11 Aee~ Fequired-a-~ett4ng-*i1"e-held-by4he--eity-Ee~ttsi-l--~t~~~~--kear~-w' }foeet~t cy: ~ . r [t s . e--ff0P6stt4-'sttM , ekineil at-Elje-s ~eaa-'Ft~e-~+t~er=s-c~e~siA+r~E~{-~es~t+~ed-Eo-be-c~e~eet-~~~l-s~s~e, , A. Any nerson with standing mav apEleal a written deeision of the Hearing Examiner to the Council as provided in Subsection 10.35.110.8. ' 13. Staridiny to appeal a ciecision of the Hearinr Examiner under theSe niles is limited to• 1. The applicant and the owner of the propcrtv to whoili the decision is directeci• and Ordinance Anlending SVMC 10.35.150, hcaringappeals pmcedlires F*age I of 6 Draft -6-28-05 _ 2 Any other yeison ag,,r,rieved or adversely 3ffected bv the decisiorl, or who would be grieved or adversely affected bY a reversal or modification of the decision. A person is apkrieved or agg adverselv aftec:led widiin the meaning of these rules orilv when all of dle followinp, conditioiis are present: a. `l`he decision has prejudiced or is likelv 1o qreiudice thal nerson; b. `l"hal persun's assert.ed interests arc among, thosc diat the Hcaring Examiner was required to consider when the decision was made; c. A reversal ar modification of die decision in fflvor of that nerson would ' $UI75tSI1lIiiIIV eliminate or redress the preludice fo that person caused or likel,y tQ he caused bv the . . decision: and d. 7'he appellant has exhausted his or her administrative remedies by being, a partv of record to i:he decision bclow. A"partv of record" means aperson whu a0peared at the public hearing held by the.Examiner. or who submitted substancive written comment, on the matter before or at the hearing held by the Fxaminer. C. Appeals of the Nearing Lxlminer`s dccision tn the CitY Council must be: 1. i'ile.d with lhe City Clerk within fourteen (14) calendar days from thE d.it.e the final decision of the Examiner was issued; 2. Ac:COmpfuiied bv the appeal tee established bY Council resolucion; 3. Accompanied bv the separate transcripdrecorcl dcnosit fee established by Council resolufion; and 4. Submitted on a forrn qUtained from the City Clerk. • D. 1'he appeal form submitted bv the appellant shall contain the following information: 1. 'fhe file number and a r,opY of the decision; 2. Tlie namc and mailing address of the anpellaril, the name aiid mailing adcfress of the appellant's attornev, if any, and the name of the anplicant if different than thc appellant: ' 3. Facts demonstrating lhat the appellant haS SiandinQ to ap eal4. A separa[e and concise st9temerlt of each error al Icged to have been coinrnitted; 5. A separate and concise statement of facts upnn which the appellant relies ta sustain the statement of error: and 6. A. request for relief.; speci in lt the tkpc and extent of relief requested. E. lJpon receipt of the written appeal form a.ncl payment of the appeal fec, the City Clerk shall forwarcl a copy of the appeal And the lranscript/record deposit fee to the Hearing Examirier. f.'1'he appeal snall be disrnissecl by the (:ouncil it': 1. Ic is filed by.• a person withqut standin g tu appeal; - 2. The CoLmeil cloes not have jurisdiction to hear the appeal; Ordinance Amending SVN4C 10.35.150, hcaring appeals pmcedure.S Pagc 2 of 6 Draft -6-28-05 3. I.t is not timely filed• ; . f `4. 'Che appeal fee or the trviscriptlrecord depotiit fee was not timely aid- or 5. The apnellant failed to timely pay the costs incurred by the F-xaminer in preparing tlle vcrbatim transcript and certified record, after beinp billed for such eosts: or 6. It is not filed in accordance with the procedures set forth in thcse rules All motinns ta dismiss a defective Upeal shall be filed wilhin fifteen (15) calendar days fmm the filuig date of the appeal,_except for a dismissal under item (F)(5), above. 'rhe Gouncil may dismiss an appeal under item (F)(5), above, upon receivinb written notific;ation frqm the Examincr that the appellant faile:d to timely pay the cosLS incurred bv the Examiner fvr the appeal after being, billed for Such costs _ G. "I'he Fleaj-ing FYaminer shall have thirkL(30) calendar days from the Filing date of the ap ep al to prepare a verbatim transcript of the hearing beforc the EYaminer and a certified copy of Uic cloeuments in the record, and to biU the appellaiit for the costs inct,rrerl. "1"he Council may authorize a longer time at the Examiner's reyuest, for unusually large rccords or transcripts. 1. If the Hearinp, F,caminer, the appellant and the aplicant i1' different than ehe appellant), agree, or upon order of tlic Cauncil, the vcrbatim transcript and/or record may be shortcned or summari-r.cd to avoid reEarqducfion or tranSCription of portions of dle eccord that are duplicative or irrelevant to the issues raised b tY lie appc11. 2. Upon comletion p of the transcript and record. thc EYitminer shall bill the appellant for ~ 1 all costs inc;urred by the .Fxaminer in prcparing the verbatim transcript and certified recard 1'he appellant shall Ral' the balance ahove ancl beyond the depasit fee within seven (7) calenclar days from the date tl.ie bill aras mailed or provided to the appellant. 3. Upon the appellarit's paYment of the bill for tlte cnst of the traiLSCript And recnrd, the Exami.ner shal) by the next business cfav deliver fl eopy of the sppeal, verbatim franscrpt an(t certifed record to the Ci!y Clerk. The Fxaminer shall also provide to the Clerk a list. of the names and mailinQ addresSCS of the applicanl anci the parties of record tc> the hearing before the Examiner. 4. Thc City Clerk evill furnish cQpies nf the tran5cript and record to the tipplicant, if clilrere;nt than tlie appellanL all members of the Council, and the Citv Aftarney. The Hcaring Fxainiiier, u on request, will fumish capies of the transcript and record to the agpellant, the applicant if lhe same as the a~pellant) and otller entities that mav requcst: one at the cosc of reproduction. 5. If the Council dismisses the appeal on procediaraf ~ounds, the 1vr)ClIA11C shall reimburse the Fsaminer for the balance of the eosts incurred by the Examiner inpreparing the transcrint and record as of the datc oF the dismissal, if anv. H. The Cowicil, at its next regular meeting followin rg eceipt of the transcript and record from the Examiner. will schedule a closed rucord hcarinp, on the appeal. l. The Council shall schcdLIle the appeal }lcaring no suoner than thirty (30) cfllendar das I.'rorn t,he date the transcrint and recorcl were received Gom t1ie Hearing Examiner. `1'he Council may a -rtive a laten cearina date uwnn ap-reement of the Wlicant. , " 2. The aQpellant, or a parb: of record in oposition to the appcal, mav provicle input on the hearin, date either in nerson at the meetin .g or by submitting a letter to the Citv Clerk rrior io the meetin . Ordinance Amending SVMC 10.35.150, hcaring appeals proccdures Pagc 3 of 6 Draft -6-28-05 3. The CitY Clerk shall mail notice of the time, placc and date of the hearin t~o the appellant. the aonlicant (if different dhan the appellant), and all partics of record to thc- hearing before the Eafuniner within five calendar days from the date dhe appeal hearing was schetluled. 1. fhe Council shall nut consider any new facts a• evidenee outside the verbatim transcript nnd certified record submitted by the Examiner, except for: 1. Grounds for disqualification of the HEaring Examiner, when such grQUnds were unknown by tJie aPpcllant at the time the record was createcl; 2. Vlatters that were improperlv excludecl from the record after beinf; offered by s nartv to the hearing before the Hearint~ Exarniner; or 3. Malters that vvere outside I:he jurisdiction of the Hearing E:caminer. T11e Council shall allow fhe record to be supplemented if the offerine pariy demottstratcs grounds for su~plementation as set forth in items (1), (2) and (3), immediately above. a. AnY pagy reguestinp that the reca•d be suRlemented sliall submii such request alonr with the specifie eviclence to be offered to the Couneil within fourtcen (14) calendar davs of the date the appe11 hearing was scheduled. b. °l"he Council may require or permit the correction of ministerial errors or inaclvertent omissions iii the prepa°ation of the recorct. ~ c. "1"he Cour►cil will allow the submittal oPmemoranda bv the 3ppellant or a narty vf reeord in opposition ro the app+:al, subject to the fnllowing- rcguirernents: i. The appellant mav file a memorandum in support of the appeal The memorandum iilust be f led no later than 12:00 naon on the lhird (3') rriday precedin tg he date set bv the Cutincil for consideratiun of the appeal. ii. Anv plrty of record in opposition to the aRpeal may subinit a reply memqrandutn in opposition to the appeal. Anv reply memoinnduni nmst be fled no later t:han 12:00 naon on the seeond (2"d ) Fridav precedinp tlle date set for consideration bf the appeal. . iii. All memoranda shall be limited to stating whv the record qr applicable laws or regulat.ions ctoes or does not support the decisiori, a.nd shall not contain anv ~cts or evidence, or cliscuss matters outside the record: cxcept as permitted above. . iv. 1'he offering pttrtv shall jxomptly submit a coNy of the memorandum ~ or request to supplement the record to the Citv At[orneY, pnd to oppnsing parties as praeticable. J. Thc Council will allow oral argument by the appellant, or a partY of record in oppasition to the appeal. subject to the follnwinretllallrements: 1. .It is exnected that all parties can reasonably be alig.ned as either in support of the appeal or opposed to the appeal. Aecordinglv, all parties who desire to make oral arQument. shall communicate with othcr parties aligned on the same side of the appeal ancl attempt to reach aizreernent in Selecting_a_ repreSentative, or athenvise arrange for the allncfltian of time allowed uncler these rules to . i those in suaport of or t:hose opposed to the appeal. Orclinance Amcnding SVMC 10.35.150; hearing appcsls proccdures Page 4 of 6 Draft -6-28-05 2. Oral Ar-gument shall be pi-esented (irst b t~ppellant followed by those qartics uf reeord in onposition tn the appeal, and then rcbuttal and surrebuttal. _ , 3. Oral argument shall be litnited to statiila whv the record or applicable laws or regulations do not support the decision, and shall not eontain anv ne,.A, facts or evidence unless alldwed by Subsection "I". 4. Oral argument shall be limited t'ci hventv (20) minutes total For the appcllant and twenty (20) minutes total for those parties in opposition to the appeal regarclless of hAw many_12 arties .incilce up each Side. . 5. The respectivc times allowed for oral argUment abuve include thc combined time used hy a side for apeninu argument: rebuttal and sirrrebuttal. The time taken to respond to qucstions from the Council is not included in the time al_loxved fior argument. ' K. The Gouncil may affirm or reverse the r.xarniner's decision, or remand it for fiirther proceEdurgs. `C'he Exarniiier's decision will be presumed to he correct and suRported by the record antl law. L. The CoLmcil mn rcverse the t•ieariiip , E:caminer's decision, or remand it for further proceedings, if the appellant has e:irrieci the burden ofi establishing that one or more ot' die following standards is met: l. 'Che I:xaminer engaged in unlawful procedure or f'ailecl to follow a prescribed proc_ess, unlcss the error was hlrmless; 2. Thc decision is an err0ueous interpretation of the laxy, after allowin; for such `--J dc;ference as is due dle consUliction nf a law by a local jurisdiction with expertise; 3. The decision is not supported by evidence t-hat is substantial when viewed in lip ht of the entire record; 4. The decisiqn is a clearly ermneousapnlication of the law to the facts; or 5. The decision is dutside the authurily of the Exnminer. M. Thc Council_mav also remaiid the decision _to tlie Exarniner if the appellmit pffers ncwlv discoverecl evidence tLiat woulcl reasanably have aEfected the decisiou, had it becn admitted in the proceedings before the Examiner. "Newly discove_red evidence" is evidenee lhat, with reasooiible diligence. could not have been discovered and produced at the time the proceedings before the t:xaminer were conducteci, N. The Council shall zdopt written findings and conelusions in su pport of its decision. lf the Cc>uncil cancludes thal a linding of fact upon whic;li the decision is based is not supnorted by substarit.ial evidence, the Council mav mqdify the finding or substitute its nwn_finding, citing substFUitial cvidence in the recard that supports the modified or substitute finding;, 0. The Council's decision shall include a notice stating that the decision can re appealed within iwenty-one (2 I) calendar days fTOm the datc the decision was issuecl by filing a I.and Use f'etition wieh the Superior Court as provided in RC W Chaptcr 36.70C and mccting the other provisions of such chapter, and that the decision shall act as official notice under RC W43.21 C,075. \ l Orctinanee Amcnding SVM(: 10.35.150, hcaring appeals prtrcet[urc:s P1ge 5 of 6 Draft -6-28-05 P. The notic,e iitcluded in t.he C,'quncil's decision shall als4 state that affected property owners may request the Spokane County Assessor for a change in valuation for nropertv tax purnoses nntwithstanding any progranl of rcvaluation, pursuant to ItC1V 36.70B.130. 0. Clnsed record appeals bcfore the Council shall be coneluded within six.ty (60) days from the date thc transcript 3nci rccQrd are receiveci bY the_City Clerk, unless the applicant aviees in writing to a langer period. R.. The Ciey Clerk sliall, within five (5) calendar day_s from the clatc of the Council'~ decision on the ar)peal, m.iil a conv of the Council's decision to the appellant the apG~licant ~if di .fferent than tl~e appellant), anv otiher party who testifiecl or submitted a memorandum at the closed recQrd apueal hearing, before the Council, any person who rcquested notice of the deaision, fmd any person who submiried subst<<ntive comments on the appfication. The C:itv Clerk shall also pr4vide notice of die decision to the Countv Assessor. S. Where the eFxaminee's decision recommentls approval of the proposal and no appeal has been filed within the time period set fnrth above, the eCity mManager or designee shall modify the official zoning map of the City yccarding to the #1_learing eLxaniner's deeision. The mqdifiaation of die zoning map completes the eExaminer's deeision and shall be considered the final legislative aclion of the City Council. Such fnal action, f'or zoning purposes, is cnnsidered an "official cpntrql" ofdle City by exercise , of its zoning and planning authority pursuant to Washington law. Section 3. Severability. If any section, subsection, sentcnee or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisinns of this chaptcr. Section 4. Effective date. This Orclinanee shall be in full force and effect five days after publicatian of this Ordinance or a swnmary thereof occurs in the oLficial ncwspapcr of the City as providcd by ]aw- Approved this clay of , 2005. ATTEST: Mayor, I7iana Wilhite City Clerk, Christ:ine Bainbridge Approved A.s To Form: Uepufy City Attoniey, Cajy P. Driskell Uate of Publication: Effective Date: Ordinancc Amendiny SVMC 10.35.150; hcaring appcals procedures F'age 6 of 6 CITY OF SPOKANE VALLEY ; - . Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that appfy; ❑ oonsent ❑ old business Z new business ❑ public hearing ' ❑ information ❑ admin. report ❑ pending legislation . AGENDA ITEM TITLE: First Reading. An ordinance vacating an unimproved remainder of Knox Avenue conveyed as right-of-way deeds and recorded under Auditor's File Nos. 7504170236 and 7544170237 (SN 02-05). • PREVIOUS ACTION TAKEN: City Council adopted Resolution No. 05-004 on April 12, 2005, setting the date for a public hearing. . BACKGROUND: ~:i~ ~ - Y j 1 • ""u - c , 4 :K .a ~ w ~ ~ . t . } t. - ~ t - Applicant Fort Knox Investors, LLC, the owner of Parcels No. 45803.0260, 45083.0503 and 45083.0504 represented by Jeff Johnson of Tomlinson Black, and Kenneth Scholz, 2119 N. Locust Road, Spokane Valley, 99206, request the vacation of an unimproved remainder of Knox ~ Avenue. Resolution SN 02-05 June 28, 2005 . ~The Planning Commission made findings on the following as part of their recommendation to City Council: A. Whether a change of use or vacation of the street or alley will better serve the public; B. Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. Whether conditions may change in the future as to provide a greater use or need than presently exists; and E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting.the street or alley or other governmental agencies or members of the general public. The configuration of the easement would indicate fhat partial vacation of the right-of-way was approved, probably as part of a subdivision or binding site plan action for adjacent properties. The property is accessed through easements across the Tidyman's property located to the west. A sanitary sewer line owned by Spokane County Utilities is located along the northern part of the property. A thirty-foot easement will be reserved for Spokane County Utilities. Other easements may also be required for existing or future utilities including Modern Electric, Avista, Comcast, and Qwest. ' The request has also been submitted to Spokane County Fire District No. 1. The April 28, 2005, public hearing was continued until May 12, 2005, with the Planning Commission voting unanimously to approve the findings of facts and recommend approval of the vacation. OPTION: Recommend approval, approve with conditions, or recommend denial. RECOMMENDATION: Approval subject to filing a record of survey which includes resenration of all utility easements, execution by the City of a Quit Claim deed to entitled property owners, and placement of monuments in accordance with the Spokane County Standards for Road and Sewer Construction. - STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Staff Report Planning Commission Findings and Recommendation Draft Ordinance STAFF REPORT PROPOSED VACATION OF A PORTION OF KNOX AVENUE ( Spo`~kane %11ey ' Prepared by: Marina Sukup, AICP, Director, Department of Community Development Date: April 15, 2005 - Findings: ' 1. Abutting Properties. The right-of-way proposed for vacation is Iocated east of Argonne and west of Locust Street. There is no record of vacation of any portion of Knox Avenue by Spokane County in this area. Existing development to the north includes mufti-family properties owned by Cedar Ocean View Partners, LLC (Assessor Parcel No. 45083.0231) and Ferris View PropertiesJGough Trust (Assessor Parcel No. 45083.0241). Tidyman's owns property abutting the proposed vacation to the west (Assessor Parcel No. 45083.0256). The improved portion of Knox Avenue ends at the Tidyman's property line. The property is does not abut a body of water. 2. Utilities. A thirty-foot easement will be reserved for Spokane County Utilities. Other easements may also be required for existing or future utilities including Modern Electric, Avista, Comcast, and Qwest. The location of these easements is a requirement of the record of suroey. . 3. Access. The properties of the petitioners Ft. Knox Investors, LLC have access through recorded access easements through the Tidyman's property to the west. Petitioner Kenneth Scholz has frontage on Locust Street. A gate installed by Spokane County Utilities restricts accsss from Locust Street. 4. Zoning. Zoning for the property and abutting tracts is B-2 Community Commercial. 5. Transportation. Existing development precludes the possibility of extending Knox Avenue to the east. . 6. Condition. The property is unimproved except for utility installations. The size, access and condition of the property precludes use by the•City. The property has not been maintained. 7. Assignrnent of Vacated portions of right-of-way. Absent objections from abutting properties owners, right-of-way should be assigned to the petitioners, inasmuch as it appears that any portion of the right-of-way,to which they would lay claim has been transferred to them by land use action. Abutting property owners have received notice of the proposed vacation. Conclusions. 1. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 2. Knox Avenue is no longer required for public use or public access; 3. The substitution of a new and different public way is neither necessary nor feasible. 4. Given the present age and condition of adjacent development, it is unlikely that . conditions will change in the future to provide a greater use or need than presently exists; and 1 5. No objections have been received to the proposed vacation. FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION i May 12, 2005 Findings. 1. The Planning Commission held a public hearing on April 28, 2005, to receive testimony concerning the vacation of a portion of Knox Avenue west of Locust Street and east of Argonne. The date of the hearing was set by City Council on April 12, 2005 by Spokane Valley Resolu#ion No. 05-004. Notice of the hearing was published on April 15, 2005 in the Valley Herald, the official newspaper of the City, was posted in three conspicuous locations within the City, was provided to the petitioners and abutting property owners, and a sign was placed on the property providing notice of the hearing. The hearing was continued until May 12, 2005 at the request of the applicant. • 2. The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation of the street/alley will permit full development of the property for beneficial uses and permit appropriate levels of maintenance. 4. Knox Avenue is no longer required for public use or public access; 5. The substitution of a new and different public way is neither necessary. nor feasible. 6. Given the present age and condition of adjacent development, it is unlikeiy that , conditions will change in the future to provide a greater use or need than presently , exists; and 7. No objections have been received to the proposed vacation by abutting property owners. Conclusions. The Spokane Valley Planning Commission therefore recommends to the City Council that that portion of Knox Avenue located west of Locust Street be vacated to the petitioners subject to: a) a record of survey prepared by a registered surveyor in the State of 1Nashington and including an exact metes and bounds legal description and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and services. the record of sunrey shall contain the professional stamp . and signature of the registered surveyor and should be filed upon completion with the Spokane County Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the rec4rded survey and the Auditor's Document Number and date of recordation; and . b) Placement of at least two monuments on the centerline of the vaGated right-of-way with one located at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane County Standards for Road and Sewer Construction. c) Payment of all direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, ~ copying fees, and recording fees. Approved this 12t' day of May, 2005 . David Crosby, Chairman ATTEST Deanna Griffith, Admin Assistant ' DKnr r - C11'Y UF SFQKANF VALLEY SPOKANT'. COUNT'Y, WASHINGTQN URDINANCF NO. ~ . ' • AN ORDTNANCE OF THE CITY pF SPOKANE VALLEY, SFOKANE COUNTY, WASHINGTON, PROVmING FOR THE VACATInN OF A PORTION OF KNUX AVENUE WEST OA, LQCUST STREET AND PROVIDIlVG FOR ()TRF,R MA'I"I'ERS I'ROFrR.I..Y RE LATING 1"HC1tET0. W1413REAS, the City Council by Resolution 05-0(}4 initiatetl vacation proceedings for a portion of Knox Avenue west of Locust Streel by providing that a heFUing on the proposal would bc hcld before thc Planning Commission on the 28th day of April, 2005.; and ' WHER.EAS, thc Plan.ning Co►nmission held a public hearing on April 28'h, 2005 oti thc pmposecl vacation; and WI•iER.EAS, following a hearinb, tht Planning Commission found that found tfie notice ancl hearing requirements of Title 10 Article IX Scction 10.09.04.10 of the Spokane Valley Municipal Code have been met, and further found: tliat 1. The vacation of the street/alley will permit full development of the property for beneficial . uses and perrnit appropriate levcls of maintcnancc. 2. ICnox Avenue is no longer reyuired for public use or public access; 3. The substitution of a ncw arid diffcrcnt public way is ncithcr nccessary rior fcxsiblc. 4. Given the present age and condition of adjacent develnpment, it is unlikely that conditions wil) change in the future to provide a greater use or need than presently exists; 5. Abutting property owners have acquired title to a Rortion of the nriginal right-of-way of Knox Avenue by separate land use actions; and WHEREAS, the Yla.nning Commission findings and/or minutes have been filed with the City Clerk as part of thc public n:cord supporking die vacation; WI•ITRFAS, fitty perccnt of the properly owncrs abutting thc propcrty to bc vacatcd did not file a written nbjection to the pmposed vacation with the City Clerk; , . WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, onf;-halF to eac;h, unless c;irc;urostanc;es cequire a different division of property, that the zonins district desigiiation oti the properties adjoining each sicle of Ihe street shall attach ta the vacated property; that a record of survey sliall be submitted to the Director of Community laevelupment zind that all direct and indirec;t costs of tide transfer to the vacated street be paid by the proponent or recipient of the trtuisferred property; . WI-IL[tEAS, the City Council pursuant to RCW Chapter 35.79 aiid Title 10 Article IX Seetion 10.09.04.10 of the Spokane Valley Municipal Code clesires to vacatf: the Kbove street as set forth herein. NOW, `IHEREI°URE, the City Council of the City of Spokane Valley, Spokane County, 1'Vashington, clo ordain as follows: Section 1. Findings of Fact. `Che City Council makes the foUowing findings of fact: (1) thc City Department of .Public Works has reviewed the riSht-of-way to bc vacated and determined that the property adjacent to the vacated property is othenvise served by public or private access; (2) a public hearing on the proposcd vacaUon has been held in accordancc with State I,.aw and City Ordinance before the Planning Commission with the record of such hearing aiid procecdings lodgcd with the City Clerk; (3) a written pmtest ha.s not been filed with the City Clerk by at least fifty percent of the abutting propelty J owners; and (4) vacation of the street or alley serves the public interest. Vacation orclinance QS-_; Knox Ave Page I of 3 . DitArT SecNon 2. Prc nert,y to be Vacated. BasecJ upon the above firidings and in accordance with this ordinance, the City Cauncil does hereby vacate the strecl or alley described ori the atlached Exhibit "A" which is incorporated herein by refc:rence. ~ i Sectiun 3. 7,.oning. Thc 7_oning desi,};maliun tnr the vacated property shall bc the designarion attached to the adjoining properlies as set forth wilhin the respective property or lot lines. The Director of Community Development is audiorized to makc this notation on tFic official zoning map of the City. Scction 4. Conditions of Vacation. `I'he fallowing conditions shall bc fully satisfied prior to the transFer of tiUc by the City. a) A recvrd of survey prepared by a registercd surveyar in the State of Washington and . including an exact metes and bounds legal deseriwtion and specifying if apqlicable any and 311 easements for construction, repair and maintenance of existing and future utilities and services. the record of survey shall cantain the professioiial stamp and sigmature of the registered surveyor and should be filc(l upon campletion wikh the Srokane County Auclitor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the recnrded . survey and the Auditor's 17ncument Number and date of rec:orclation; and b) Placement of al least twn monuments on Itte centerline of the vac<itecl right-of-way with one located at the interseetion of the centerline of the vacated right-of-way witti each street ar right-of-way in auordance with the stand<<rcls established by the ~pokcrne County Standards for Rotud aitd Setiver Constniclivn; and c) Payment of all clirect and indirect c;osts of titlc transfer of the vacated slrcet or alley from public to private ownership including but nol: limitcd to title company charges, copying fees, and recording fees; and Seetion 5. Closin. T'oIlowing satisfactinn of the above conditions, the City Clcrk shall record a certified copy of this Ordinance in the affice of the Counl`y Auctitor arid the City Manager is , authoriud to execute all necessary documents, including a Quit Claim laeed, in order to r;omplete the transfer of the property identified herein. . Section 6. Seven3bilitY. lf any sec;tian, sentciice, clause or phrasf; oC tFiis Ordinance shall be held to be invalid or unconstitulional by a court nf competent jurisdiction, such invalidity or uneonstitutionality shall not affeet the validityor conslitutionality of any other section, sentence, clause or phrase of this ordinance. ' Seetion 7. . Hffeclive L)flte. "I'his Ordinanee shqll be in full force :ind effee/ fivc (5) dsys after . publication of this Ordinance or a summary thereuf itl the offici,il newsnaper of the City of Spokane Valley xs provided by law. PASSCD by the City Council this clay of 2005. AT°TFST: Mayor, Uiana Wilhite City Clerk, Christine Bainbridge Appruved As To Form: Deputy City Attorney, Cary Driskell Date of Publication: rffective Uate: VFtcation ordinsncc OS Knox Ave . PF►ge 2 of 3 DFt11i-1 Eshibit "A" f'ropcrty Dcscriptioo ; rr M ; _ , a.~ ~ j. l~~ - , , + t * t , • _ r~ _ ~~yr 1 r ~ (S ~ ~r ' t ,t~~/~ _ ~t ~tS, •w _f ~ ~ ~ , 4" '.s ~ • • - _ . ~ . - ~ 1~! , • - , ~ t ' ~~~;1 , ~ • . ~ - _ -v" . ~ ~ ~ . - r"~ . t Vncutinn txdinnnce OS• : Kr►ox Avc 1'agc ; nf 3 CITY OF SP+UKANE VAL~EY Request fatCouncir AcUon 1%wting Date. Jurue 28, 2005 City IYllanagar Sign-ofF ~ Item. Check aD that applY= Elcansent Dold busirress Mne+rr business E]' pubIichec-cing ❑ infvrrnalim ❑ adrtwfn report ❑ Rending iegislabon AGENDA 11MM TI`ILE: Fimt R+sadlrrg - Arr ordinance vacating aporkion nf Shannon Avenue east of Hcuk Street aaertting Assessor Par+cels IVos, 45103,0205, 45103.0206 mW 45103,0208 and the Ur+ion Pacific Railroaci nght-oF-way (M 03-05). PRE1I1OUS COUNCIL ACTIt]N TAKEN: City Council a[iapted Resalution IVo_ 05a-W7 on of May 10, 20}5 sett€ng ffic date for a public he.arirg on May 26. 2ODS. The F'Ian" Cornmissiot kabled the irtem and con#inued to Publrc Hearing tv June 9, 2045, ' BACKGROUND; ~ `'1-Y~ • yY - - - 71 h r ~ _ . ~ ~ e-~ ~ ° ~ +w..~+4- ay~+~q k.'i?~:- ~ ~r _ ~r. , ~ ,~~,sp f•, . . _ _ , 3•!iFi~~ - ~ . . - +4 Appiicank Bill Lawson, 202 Ee Trent Avenue, #400, 5pokane. Washirvton, 99202 the owner ~f Assessor Parcels Nos. 45143,0205, 45103,0246 and 45103.0208 reguesis the ►racation-" porlhn of Shannon Avenue east <rf Houk Stmet_ Proponent proposes to develop a multi-farnily complex orr the propr#y, vacating a portion of the Shanrion Avsnue right-of,way, dedicafing addiUonal right-of-way fcr a cul-de-sac, and retaining the ex'isting 30 faot right-af-way as a ukAi~ and lirnited aoms easerrteett for the Hamrltcrn P'roPerty tu the easi, AvisEa. Qwmt~ Spokarue Gourrty Utidities and Conscli~ted IrriWion Disbic# ptesentty haue facildies wkhin the right-ofi-way. T'he Planning Commission made findirwgs vn the (oElovwing as par# of their rer.omrrerdafi4n to City Council' A, Whether a change of us~ or vacativn of tF~~ ~eret or afley +nrill bekter serrne the pubfic; B. Whether the sheet or alley is no Ionger requiraecN for public use or public aocess; 1LSu'-FS11pLda6clCarnnnunity ChwefnKMn1Vr-AV1Ta11N~ CwtrtM"ksnlStMW vat~tiavg~'~§25{i5 Strr 03-06 Shwtnon.doC a ~ -C._Whether__the_substitLAWiji6igWjaLand-different-public-way_would be-more_usefulAathe 'public; D. Whether conditions may change in the future as to provide a greater use or need than presently exists; and E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. Mansfield Road will be extended in the future from Mirabeau Parkway to Pines Road. The applicant proposes to dedicate additional right-of-way for a cul-de-sac to serve the development. r Planning Commission made findings and recommended vacation of the right-of-way following the public hearing on June 5, 2005, by a vote of 6-1. OPTIONS: Recommend approval, approve with conditions, or recommend denial. RECOMMENDATION: Approval of findings and a recommendation for approval of the proposed vacation subject to dedication of sufficient public right-of-way to construct a cul-de-sac to serve proponent's development, filing a record of survey which includes reservation of all utility easements, execution by the City of a Quit Claim deed to entitled property owners, and placement of monuments in accordance with the Spokane County Standards for Road and Sewer Construction. STAFF CONTACT: Manna Sukup, AICP, Community Development Direcior ATTACHMENTS: _-Staff ~port ---6.:~ ~ .,A. . ~ - Planning Commission Findings and Recommendations Draft Ordinance 1LSV-FS1lpub1ic'lCoanmuniTy OevelapmentU2GAll'lanning CoanmissionlStreet vacations120051452605 SN 03-05 Shannon.doc STAFF REPORT 9F8%*ACATT0Ff0F'A PORTION OF SPtANNON - AVENUE EAST OF°HOUK STREET Prepared by: Marina Sukup, AICP, Director, Department of Community Development Date: April 26, 2005 . Findings: 1. Abutting Properties. The right-of-way proposed for vacation is east of Houk Street. ApplicanYs property abuts the right-of-way on the north (Assessor Parcets Nos. 45103.0205, 45103.0206 and 45103.0208) and the Union Pacfic Raihnray Company abuts the property on the south (no parcel number). The property is does not abut a body of water. 2. Utilities. Avista, Qwest, Spokane County Utilities and Consolidated Irrrigation District presentty have facilities within the right-of-way. Proponent will retain a utiliry and limited access easement within the area to be vacated. The specific location of easements is a requirement of the record of survey. 3. Access. The Hamilton property located to the east of applicanYs will have a limited easement within the area to be vacated to serve an existing residence. Additional ' development on both properties will take access from the extension of Mansfield to be constructed at a later date. 4. Zoning. Zoning for the property and abutting tracts to the west is UR-22 High Density _ resider~tial. The,p LgRe to the east remains zoned RR-10 Rural Residential. " 5. Transportation. The proposed extension of Mansfield Road will provide improved access and.circulation_to,t tracts, and improv_e overall traffic mobility.in,the°area:. 6. Cond'rtion. The property is unimproved except for utifity installations. The size, access and condition of the property precludes use by the City. . _ --.7.,-.AAsignment.pfVacated_eorttons of right-ofanray: AbsentohjeQtio.ns fr.omLabutking- properties owners, right-of-way should be assigned to the petitioners, inasmuch research indicates that the area to be vacated was part of the parent tract. Abutting ' property owners have received notice of the proposed vacation. - .m -.a.y~ -ir.,...:.; . . _ - . . v..~._.r_z:.- _ _ . . .~er.e~~.a :...u....~.~i~....,.s•--••-~-.o- z.o.. - C01ICIUSiO:-t1S. 1. The vacation of the street/alley will permit full development of the properiy for beneficial uses and permit appropriate levels of maintenance. . 2. Shannon Avenue east Houk Street is no longer required for general public use or public access; 3. The proposed extension of Mansfield Road substitutes a new and different public way • which will provide enhanced access and mobility to both abutting properties and the general public. 4. Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon; and NSV-FS11pub1iclCammunity DevelopmentlRCAlPlanning CommissionlStreet vacations120051052805 SN 03-05 Shannon.doc i ~S--Itae v.acated-porlion-af-Shanooa..Aveaue_staall.be-r.etained.as_a-limited-a utility easement. - - 6. The proposed extension of Mansfield Road will provide for the ultimate development of all properties, and it is unlikely that. conditions will change in the future to provide a greater use or need than presently exists for the right-of-way proposed for vacation; and 7. No objections have been received to the proposed vacation. - , • -_---r--_ . ~ - - . - - - • - 11SV-FS11publittiCommunity DevelopmerrtU2MPlanning CommissoanlStreet vacallons120051452605 Stv 03-05 Shennon.doc , . . ~ FINDINGS AND RECOMMENDATIONS OF THE SPORA PLANNING GOMMISSION June 9, 2005 Findings. 1. The Planning Commission held a public hearing on May 26, 2005, to receive . testimony conceming the vacation of a portion of Shannon Avenue east of Houk Street. The date of the hearing was set by City Council on May 10, 2005 by Spokane Valley Resolution No. 05-007. Notice of the hearing was published on May 13, 2005 in the Valley Herald, the official newspapEr of the City, was posted in three conspicuous locations within the City, was provided to the petitioners and abutting property owners, and a sign was placed on the property providing notice of the hearing. The hearing was continued until June 9, 2005. 2. .The Planning Commission reviewed the report prepared by the Spokane Valley Community Development Department in detail. 3. The vacation of the streeUalley will permit full development of the property for beneficial uses and ReRnit appropriate levels of maintenance. 4. Shannon Avenue east of Houk Street is no longer required for public use or public access_ 5. Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon to serve applicanYs development. 6. The vacated portion of Shannon Avenue shall be retained as a timited access and ~ public utility easement. - ~ 7. The proposed extension of Mansfield'Roacf suFstitue-s a new and different public way which will provide enhanced access and mobility to both abutting properties and - =the-geFleFal- - -public; ° - --R _ - - _ - - - 8. The proposed extension of Mansfield Road will provide for the ultimate development of all properties, and it is unlikely that conditions will change in the future to provide a ,z__ ~rea e -use~or=nee.d.than.pressatlyex,i%L%.for_the=right_ofmway~pw.c~~, -d~-for vacation* and; and ` 9. No objections have bsen received to the proposed vacation. _ d...._ d, CQ,ltclusians. • - _ --a - - - The Spokane Valley Planning Gommission therefore recommends to the City Council that that • portion of Shannon Avenue located east of Houk Street be vacated to the petitioners subject to: a) a record of survey prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description and specifying if applicable any and all easements for construction, repair and maintenance of existing and future utilities and ' services. The record of survey shall contain the professional stamp and signature of the registered surveyor and should be filed upon completion with the Spokane Gounty Auditor. The surveyor shall provide the City of Spokane Valley with a mylar copy of the recorded survey and the Auditor's Document Number and date of recordation; and b) Additional right-of-way shall be dedicated to provide for a cul-de-sac at the termination of Houk/Shannon; and 11SV-FS11publiclCammunity DevelopmentlRCAlPtanning CommissionlStrQet vacatlons12005t052605 SN 03-05 Shannon.doc u utili y easement. t la jP~nt of at least finro monuments on the centerline of the vacated right-of-way with one located at the intersection of the centerline of the vacated right-of-way with each street or. _ righ'1-""o"'-way in accordance with the standards established by the Spokane County Standards for Road and Sewer Gonstruction. e) Payment of all direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including but not limited to title company charges, copying fees, and recording fees. Approved this 9t' day of June, 2005 . David Crosby, Chairman ATTEST . _ . < . - . - - : : - - _ _ - ~ ---~----@eanFla•Griffithtr&creta - - r - _ 11SV-FS1lpubticlCommunity DevelopmentlRGAlPlanning Commissionl5treei vacations12005N052605 SN 03-05 Shannon.doc L)Rf1F`I' • ~ . SPOKANEXA1i.LE_Y_ - - - - SPnKANE COUNTY, WASH7NGTON _ = ORDINANCE NO.OS- AN ORDINANCE OF 1`tIC CTTY-OF ' SYOKANE VAGI..EY, WASAINGTON, PRnVii)ING FOR THE VACATION QF A PORTION OF SHANNON AVCNtJE FAST ONy HQUK STREET AND NORTH OF THF UYVION PACIFIC RAILWAY 121CHT-qF- WAY AIYD THE ACCEPTANCE QT SUFFICIENT RIGHT-4F-WAY "I'Q CONSTRUCT A CUI.rnE.-.SAC SUFFICIEN'C TQ SF.RVF, PROFONENT'S DEVELOl'iVIEN1; YRUVIDINC FOR OTFiER MATIEItS PRUPERLY RFLATIN(;~ THERF,TO. . WHF.,R.FAS, the City Council by ltesolution 05-007 initiatcd vacation proceedings for a portinn of ShFmncm Avenue east of Wouk Strect abutking Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 and the Union I'acific ltailroad right-of-way by providing that a he<tring on the proposal would be held beforc the Planning Commission nn the 26th day of May, 2005.; and WI-IEREAS, the Planning Commission held a puhlic hearing ori May 26, 2005, coritinued until Junc 9, 2005, on the proposed vacation; and WHERrAS, following`a hearing, the Pianning Commission found thflt found the notice and hearing requirerncnts of Titlc 10 Articlc IX Sectiun 10.09.04. 10 of the Spokane Valley Municipal Code have been met, and Further fnund: that 1. Thc vacation of the strecballcy will permit full aevelopment of tFie propcrty for beneficial uses; and 2. Shitnnnn Avenue is no longer reyuired for public use or public access; 3. T'hc plannccl extetision of Mansfield Avenue, a new and clifferent public wa rprovides a - r substifule-fefth8-airculation•and-acsass=of the area at fulhdevetopmerit; _ . 4. Adjacent development and topo". liy make it unlikely that eonclitions will change in. the - _ _ _ - - - - - - flitCiet~ 's~~SHent~~°Az!~iiae;`~-,~ WHFRT;AS, thc Planning Cominission findings and/or minutes have been filecl with the City Clerk as part of the public ret;arcl supporting the vacation; AS; fi Ry {ie~Rto1'ttie property nwners a utting the property to ^e vaca ed did nciffilc a' J~ written objection to ihe mmposed vacation with the City Clerk; WN:ERHAS, through ordinance the City shall provide that tMc vacated propcrty bc transferred to ~ -:-,,~-the-abuttinp, property owners, ono-half to each, unlass Circumstancc:s ic~quire ,a Jifferent'I"di.`v.-ision o£-, ~ property, lhat the zoning dislrict desigmation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direc;t and indirect costs of title transfer to the vacated street be paid by the pmponetit or rccipicnt of the traxisferrccl property; WHEREAS, the City Council pursuant to RCW Chaptcr 35.79 and Title 10 Arlicle TX Seclion 10.09.04. 10 of the Spokane Valley Municipal Cade desires to vacate the abovc strect as set forth herein. NOW, TI•IERFrORF, the City Council of lhe City of Spokane Valley, Spokane County, Washington, do carciain as follows: Seetion 1. Findings of Fact. The City Council makes the following findings of fact: (l) the City Department of Public Wurks has reviewed the right-of-way to be vacated and detcrmined that thc property adjcenl to lhe vaeated praperty is otherwise served by public or private acccss; (2) apublic ~t nrdinance OS-____, Vecating Potiion of Shannon €tnd Union Pacific RR ROW Pagc I of 4 DRAF'1- hearing on the propused vacation has been held in accordatice with S1ate I..aw and City Ordinance beforc the I'lanning Commissinn wi/h the record of such hearing and proccedings lodged with ttie City Clerk; (3) a written protcst has not been filed witfi the City Clerlc by at Icast fifty percent of the abutting property owriers; and (4) vacation of the street or alley scrves the publie interest. Section 2. Propertv to be Vacated. Based upon the above findinSs and iri accordance wich this ordinance, the City Council does hcreby vacate the slrect or alley described on the flttachF;c1 Exhihit "A" which is incoeporated herc:in by reference. Sectinn 3. Zonin . The Z.oning designation for the vacaled property shall be the de,signation attached to the adjniriing properties as set forth within the respecctivc property or lot lincs. The Director of Community (aevelapinent is autfiorized to make this notitlion on die official wning rnap of the City. Section 4. CondiCions of Vacation. `1'he following conditions shall bc fully satisfied prior to the Iransfer of title by the City. , a) A recorcl of survey prepared by a registered surveyor in die State of Washington and including an exact metes anc1 bounds legal deseription and specifi'ying if applicable any a.ncl all easements Cur construction, repair arid rnaintenance of existing and tuture utilities and services. The record of survey shall. contain the professional slamp and signature of the registered survcyor and should be tileci upon completion with the Spokane County Auditor. "I'he surveyur shall provide the City of Spokane Valley widi a mylar copy of the recorded survey anci the Auditor's Uocumenl Number and dnte of recordation; and b) Placement of at leasc two monuments on the c;enCerlinc; of the vacated right-oC way with one . loeatecl at dle intersection of the centerline of the vacated rig}it-of-way with each street or right-of-way in accordance with the standards established by the Spokune County Standards for Rocxt tm d Sewer Conslruction; and c).~Dedication_of_sufficient public riSht-of way by the applic;auit for the construction of a cul-cle- s~c iiC~lie terminus ofNouk Sfrecl'at'Sliannon Avenue. Saii1 righl:-of way dedicatio shall"be approvecl by the Spokane Valley nepartment of Fublic Works, shall be submitted in the form ---=of14_S14uLand_tfie_dedication:shall.bF;,identi.tied.in.the,recoid_ofsunvvy-;:and~ti.__ d) Payment oP all cfirect and indirect costs af title transfer of the vaeated street or alley from public_to prival.`e ownership including but not limited to title company eharges, copying fees, _ rand&- -...-dif:fee..~= _ _ _ Section 5. Closin. Pollowing safisfaction of the abovc co►iditions, the City Clerk sha11 record a certified copy of this Ordinance in tlye offiee of the County Audilar and the City Manager is auChorizeJ Cu execute all.necessar.y doeurnentis„ including,a.Quit Claim Taced, in order to complete the transfer of the property identified herein. Secdon 6. . Severabilitv. If iiny section, sentence, clause or phrise of this Ordinance shall bc held to bc invalid or unconstihitional by a wurt of competent .jurisdietion, such invalidity or unconstitutionality shall not affcct the validity or constitutionality of any other section, sentence, clause or phrase of this ordinanc;e. Scctiun 7. Effective ISate. This Ordinance shall be in full furce and effer-t five (S) days after publication of this Ordinance or a summary thereof in tlle official newspaper of the City of Spokane Valley as proviilcd by law. Urdinancx: OS-_, Vsicating Portion of Shannun tincl lJnipn F'acific ILR ROW Pagc 2 of 4 Uf2A1'I- op- - eAS,.~~~~~u Council:this.-_ - cL•~y of. ~nnS J: - . AI'I'FST: Mayor, Diana Wilhite City Clerk, Christine Bainbridge Apprnved As To Form: Deputy City Attorriey, Giry Uriskell , Date of Publication: Effective Uate: _ -an . . . . . - = c,..~. . - S ~ Ordinf►rice 05-____, Vacating Portion of Shannon and Union Pacific KR RUW 1'agc 3 of 4 IlKA1 I • Fxhjbit "A^ • ~ i - Prnpcrty Dcscriptiaa MA . w~ y~~ ~;1 '7T.~ °~I : ~7•'17 • f.N~ , - ~ ( + ~ , - ~ ~ ~ ~~'e• ~ ~ f,' `11~ y~: i • ~ • f ~ ~ Aom -lM6".~+,~-fa ~ • ~~~f'~~~~`•1~~ .Y"~"!~~'~V~ ~ ~AM ~ thdi[►uiu:c OS- , V&wing PiKtKm uf St►:uuxm nnd I Inuin Pacific itK It(1W f`.u~c 4 of CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information admin. report ❑ pending legisiation AGENDA ITEM TITLE: Resolution 05-012 to adopt powers of initiative and referendum in Spokane Valley. GOVERNING LEGISLATION: RCW 35A.11 PREVIOUS COUNCIL ACTION TAKEN: Presentation by legal staff in January, 2005; presentation by legal staff May 10, 2005; presentation by legal staff June 7, 2005. BACKGROUND: The City Council previously requested information on the exercise of - referendum and initiative power in cities. Legal staff provided a memorandum drafted by former Legal Intern Joshua Leonard that expfained the legal the basis for the powers, how they are initiated, and limitations on the exercise of the authority. Staff provided the information again in early May, and revised its statement regarding the ability to adopt one of the powers and not the other. Council asked staff to prepare the resolutions and ordinances that would be required to adopt the powers or power. If the Council wants to adopt the powers of initiative and referendum, the process under RCW is to adopt a resolution declaring its intention to provide for those powers. The City must publish this resolution in a newspaper of general circulation within the City not more than ten days after . passage of the resolution. The citizens then have an opportunity to file a referendum to try to block this action by the Council, but only if done within 90 days of publication. If no legally sufficient referendum petition is filed, then the Council must enact an ordinance formally adopting the powers of initiative and referendum. If a sufficient referendum petition is filed to try to block the action, then it would be submitted for vote by the citizens. Please note, once the process is started by adoptionof the resoluEion, it must be completed by adoption of an ordinance. OPTIONS: Do nothing, or pass the Resolution. ' RECOMMENDED ACTION OR MOTION: If the Council wishes to adopt the Resolution, a motion would be "I move. that we adopt Resolution 05-012, Declaring Intent to Adopt Initiative and Referendum Power for the City of Spokane Valley." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed resolution and draft ordinance adopting initiative and referendum power. Resolutioii stating intent to adopt powers of initiative and referendwn June 2$, 2005 drat3 [wo Cary P. 17riskell, Deputy City Attorney CITY UF SPOKANE VALLEY ` SI'OKA\TI, COUNTY, WASHIN(.:TUN RESOLCTTiQN 05-012 A RE, SOLUTIOn` OF THE CI'TY CQUNCII. OI+' THE CiTY OF SPOKANT VALI.,EY, WASNINCTON, DECLARTNG THE LNTFN'1' OF TH'N CTTY COUlYCIL TU AUOY1' THE RIGHT OF INITIATIVE AND REFE12ENDiJ1'I kOR THE QUALIFLEn ELECTORS OF TECE CITY; PRnVIllI1gG FC)12 1'UBLICATION OF TH'IS RESOLUTIO\`; ANn FKOVI:ULNG TH.AT UPON TRT'. EXl'IRATIQ\' OF THE NINC'1'IETA DAY AETER THE llAI`F OT PUBLICAI'ION THAT AN nRD1NANCE ADOPTiN(.: THE e-LffiAT1VE ANn REFERENfIUN[ FROCESS FOR THE QUAI,.iTIED FT..FCTO1'tS OF T11E Cl'lY SFIALL BE PR]?SCNTED UNI..FSS A T'LME:LY Ai°I) S[IFFICIEN`I' REFE1t.E1VAiJM- PETl'1'TQN FiAS 13k,EN F'ILED RFFFRRING TIiE QCJ-ESTION TO THE QUAT.,T.FIED ELECTQRS OF i'E[E CITY FOR APPRnVAL 012 REJF...CTION. NOW THf.:REFOItE, bc it resolved by the City Council of the City of Spokane VaIley, Spokane County, 1'Vashington, as follows: o Section 1. Pursuant to RC1'V 35A.1 1.080, which permits the legislative botiy of a non- charter code city, such as the City of Spokane Valley, to provide for khe exercise in the City af the powers of initiative ancl refcrendum in accorciance with the provisions of state law, set forlh in RCW 35A.11.020, et seq, the City Council of the City of Spokane Valley, Washington, a non-charter code cit_y hereby declares its intention to adopt for tlie Ciey the powers of initiative and referendum. . Section 2. Within ten (10) days following dle passagc of lhis Resohition, the City Clerk is ~ instructed to cause this Resoltriion to be published al least once in a newspaper of general circulation in the City. , Section 3. Notice is givcn that upon the expiration of the ninelieth (904') day from, but excluding the date of first publication of this Resolution, if no timely and sufficient referendum peCilion • is filed pttrsuant to RCW 35A.02.035, as deterttiined by RCW 35A.29.170, the intent cxpressed in this resolutiqn shall, at the next regular meecing of the City Couneil, be effected by an orclinance aclopting for lhe City the powers of initiative anci referendum. nddpcca ct,is day oF , Zoos. City of Spokaiie Valley r1TTLS"I': ' Mayor Iaiane VVilhite Christine F3ainbridge; City Clerk Approved as to Form: Cary P. Driskell, Deputy Ciry Attorney Itesolu(iuri 05-012 Inicialive & Referendum Powers Page 1 of 1 DRAPT CI`1 Y OF SPOKANE VALLEY - SPOKANE COUiNTY, WASNTNGTQN ORDn'ANCE \'U. AN QRnINANCE. Ol~~ `l'HE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHMNG10N, ADOPTING TtIE POWERS OF L\Tl'IATIVE A.1VD REFERENDiJM FQR THE QUALIYIED ELECTOR:S OF TEIE C1TY. 1VI-ERFAS, t}ie City Council of the Ciry oP Spokane Valley, Washington; passed Resolution No. OS-*** on , 2005, statir►g its intcnt to adopt the powers of initiative Fu►d referendum far the qualificd electArs of the City as provided in RCW Chapter 35A.11, now, thcrcforc, NOW, THT:REFQRC, the City Coimcil of the City of Spokane Valley, Washington, ordains as f'ollows: Section 1. Purposc and Tntent. 7'he purpose and intent df fhis Ordinance is to comply with the statement of intent in Spokane Valley Resolution No 05-012. ' Section 2. A new Chapter 1.02 entillcd "Initiative and Referendum" is hereby added to t}ie Spokane Valley Mtmicipal Code tn read as follows: Section 1 12.010 Powers of lnitiative and keferenclum Aclopted The Ciry of Spoks-tne Valley hercby adopts the powers of initiative and referendum for the yualificd clectors of the city as provided pursuant to R.CW 35A.11.080 through 35A. 11. 100. Such powers are to be eserciscd as provided in the above referenced sections of the Reviseci Cocle of Washington as they now erist or may be amenclecl from time to Cime and said sections are hereby incorpnritted i.n Pull by this refercnce. Section 3. `1"his Ordinance shall be in full force and effect fve (5) days afier publication of the Ordinance, or a summary thereof, in the official newspaper of the City. PASSEL) by the City Council this day of , 2005. . Diana Wilhite, Mayor ATTEST: Christine Bainbriclge, City Clerk Approved as ta Furm: . Cary P. Driskell, Dcputy City Attomey 17ate of Publication: - EfTectivc laate: Ordinance Grariting lnitiativc & Rcfercndum Puwers I'age 1ot' 1 ; - - ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution to adopt power of referendum in Spokane Valley. ' GOVERNING LEGISLATION: RCW 35A.11 PREVIOUS COUNCIL ACTION TAKEN: Presentation by legal staff in January, 2005; presentation by legal staff May 10, 2005; presentation by legal staff June 7, 2005. BACKGROUND: The City Council previously requested information on the exercise of referendum and initiative power in cities. Legal staff provided a memorandum drafted by former Legal Intem Joshua Leonard that explained the legal the basis for the powers, how they are initiated, and limitations on the exercise of the authority. Staff provided the information again in early May, and revised its statement regarding the ability to adopt one of the powers and not the other. Council asked staff to prepare a resolution and ordinance that would be required to adopt the power of referendum for possible action. If the Council wants to adopt. the power of referendum, the process under RCW is to adopt a resolution declaring its intention to provide for one that power. The City -must publish this resolution in a newspaper of general circulation within the City not more than ten days after passage of the resolution. The citizens then have an opportunity to file a referendum to try to block this action by the Council, but only if done within 90 days of publication. If no legally sufficient referendum petition is filed, then the Council must enact an ordinance formally adopting the power of referendum. If a sufficient referendum petition is filed to try to block the action, then it would be submitted for vote by the citizens. Please note, once the process is started by adoption of ihe resolut/on, it must be completed by adoption of an ordinance. OPTIONS: Do nothing, or pass the Resolution. RECOMMENDED ACTION OR MOTION: If the Council wishes to adopt the Resolution, a motion would be "I move that we adopt Resolution OS-**', Declaring Intent to Adopt Referendum Power for the City of Spokane Valley." BUDGETlFINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed resolution and draft ordinance adopting referendum power. Resotution stating intent to adopt power of referenclum June 28, 2005 draft two Cary P. Driskell, Depury City Attorney 12ESOLiTTION \i(J. QS-*** . CITY OF SPOKANE VALLEY SYUKANE COLT~'TY, VVASHINGTC71V A RFSOLU'TION UF THE CTTY C()UNCI:L OF THM CITY OF SP()KA~TF VALLEY, WASATNGTON, llECLARI1iG T1TE INTENT OF 1`liE Ci'i'Y COUNClT. TO ADOPT THE RIGFI'I' OF ltEl+"E1'tENDUM. FQR THE QUALIFlr:ll ELECTORS OF TiiF CITY; PRpVIDINC FnR PUBLICAITION OF TIES I2ESOLUTlON; Ai\'D PROVIIIING TkiAT UPUN TtiE EXPTRATION OF1flE NINFTTrTkI DAY AF'CER THE l)ATE OF PUBLICATiON TIiAT AN pRDINANCE AllOPTINC TFIF, REFERENDUNI YROCESS FOR THE Qi1ALTFT.ED ELECTORS OF THE C7TY SFIALL BE PRESENTED UNLESS A TIMFT.,Y AND SUFFICIFNT RF•FE12ENlliJi~'1 YEI'ITiON FIAS BEEN FLLED REFERRING THE QUFSTTON T() THE Qi,JALIFIEll L1,EC`1'ORS OF THF CITY FQR A-PPROVAL 0121-EJECTION. NOW T'HEREFORF, be it resolved by the City Council of the City nf Spokane Valley, Spokane County, WashingCOn, as foUows: Section 1. Pursuant tn RCW 35A.11.080, which pcrmits thc legislativc body of a non- charter code city, such as the City of Spokane Valley, to provicle for the e:c.crcise in the City ofthc power of referendum in accordance wit:h the provisions of state law, set fortti in R.CW 35A.11.020, et seq, lhe City Council of the City of Spnkane Valley, Washingfon, a non-charter cade city hereby declares its intention to adopt for the City the power of referendum. Section 2. Within ten (10) days fallowing thc passaggc of'this Resohztion, the City Clcrk is instructcd to cause this Resolution tn be publishecl at leasl once in a newspaper of.' general circulation in the City. Section 3. Notice is given that upon the erpirakion of lhc ninetieth (90') day frQm, but exeluding the date of first publication of this ResoluCidn, if no timely and sufficient rcfercndum pctilian is filcd pursuant to RCW 35A.02.035, as determined by RCW 35A.29.170, the intent cxpresscd in this resolution shall, at the next regular meeting of the City Council, be effected by an orclinance adopting for the City t:he power of ret"erenclum. Adc>ptcc1 this day of , 2005. City of Spokane Valley ATI'ES"1°: vlayor L7iane Wilhite Christine Bainbridge, City Clerk Approvecl as to Form: Cary P. Driskell, Deputy City Attorney Kesolution adopting RcCcrendum f'ower • Aaue I of 1 DRAP'I' C1TY OF SPpKANF. VALLEY SPOKANE COUN I`Y, WASHINCTQN ORDINANCF NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASIilNCTON, ADOPTING THE POWER OF REFEREN'17'UM FUR TlIr QUAIaiFTED ELECTORS ONy'I'HE CI'I'Y. WI-IERE:AS, the City Council of the City of Spokane Valley, Washington, passcd Rcsolulion No. • OS-•** on , 2005, stating its intent to adopt the power of referendum for the qualified electors af the City as providecl in RCW Chapter 35A.11, now, therefore, NOW, THE12EFURE, the City Council of the City of Spokane Valley, Washington, ordains as fallows: Sectiun 1. 1'urpnse and lntent. `Ihe purpose of this Ordinancc is to comply with the staTement of intent in Spok3ne Valley Resolution No 05-3#*. Section 2. A new Chapter 1.02 entitled "Referendum" is hercby added to the Spokane Valley Municipal Cocie to read as folloNvs Sec;tion 1.12.010 f'ower of Referendum Adopted The City of Spokane Valley hereby adopts the ppwer of referendum for the qualiticd elcctors of the city as provided pursuant to RCW 35A.11.080 thmugh 35A.11.100. Such power is to be exercised a.s provided in the above rcfcrcnced scctions of the Rcvised Cocle of W,ashinglon as they nnw exist or may be amended from time to time and said sections arc hercby incorporated in full by this reference. Section 3. T'his Ordinance shall be in full force and effect five (5) days after publication of the Ordina.nce, or a summary thereof, in the official newspaper of the City. PASSED hy the City Council this day of , 2405. Diana 1Vil.hite, Mayor ATT.FST: Christine $ainbridge, City Clerk Approvcd as to Form: Cary P. Driskell, Deputy City Attnrney Datc of Publication: I;ffective Date: ~ "~DRAFT Ordinance Granting Referendum Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent 0 old business nevr business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 05-013 Authorizing 1.0 FTE ROW Construction Inspector GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council discussed the pavement cut policy on April 5, April 26 and May 3, 2005. On June 14, 2005, Council approved the pavement cut policy and an amendment to the fee schedule revising the ROW obstn.iction permit. , BACKGROUND: Staff currently operates the right-of-way obstruction permitting and inspection program with 1.2 FTE. This includes one Construction Inspector and .2 of a Permit Specialist. Staff proposes one additional Construction Inspector to help in the implementation of the regional pavement cut policy. There will be additional data management costs for the program, both start-up and ongoing. Staff is continuing to evaluate these needs in an effort to devise the - best approach. This proposal would increase the program to 2.2 FTE. At the June 14 meeting, the ROW fee was amended to $70 per permit, to recover permitting and inspection related costs. This proposed FfE was included in the calculation of the fee. One-time and/or start-up costs were not included in the fee calculation. The Construction Inspector is an existing position at Grade 14 on.the City's classification matrix. OPTIONS: 1) Authorize the 1.0 FTE ROW Construction Inspector; or 2) Provide additional . direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 05-013, authorizing 1.0 FTE ROW Construction Inspector. BUDGETlFINANCIAL IMPACTS: Ongoing annualized costs for the Inspector are estimated at $55,000. There are additional one-time costs such as a vehicle and other equipment. If the position is approved, an adjustment will be included in the next Budget amendment. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Resolution No. DRAFT C1I'Y OF SPOKANE, VALLEY SPOKANE COUNTY, WASIiINGT()N 1ZI:SOLU 1'ION NO. 05-013 A 12:H,SOLUTION AtJTf1QR1LLNC A SECOr*D FULLrTTMF FQUIVALENT It1GH'I'-OF-WAY CONSTRUCTiO\' T1\'SFECT()R POSl`TION FOR THF CTTY nF SPOKA.NC VALLLY. WHF:R.FAS, the City C;ouncil from time to time finds it necessary to adjust its w•orkforce in respnnsc to work load demands; and WI-IEREAS, the City Council through Itesolution No. 03-031 adoptect job descriptions for City positions; including a job description for Right-Of-Way Construction Inspectnr; and WFIEREAS, the City Cauncil aciopted the Rcgional Pavement Cut Policy on June 14, 2005, which requires the City to provide inspeetian services in excGSS of current levels to properly carry out the E'alicy. NQW THCTtEPORL; be it resolved by the City Council oC the City of Spokane Vtilley, Spokane County, Washington, as follows: Section 1_ Authorization oP Seconcl Full-Time Fquivalent Right-C)f-Wav Construction lnspectar. 'I'he City of Spokane Valley hereby authorizes a second full-time eqliivalcnl Right-Of Way Construction Inspector. '1'he existing job description inelucles a pay g*rade classifica/ion of 14 in the City's clASSificatioil matrix. , Scction 2. Effective Da1e. This Resolution shall be cff'cctive upon adoption. Adopted this day of June, 2005. City of Spokane Valley Mayor Diana Wilhite AT'I'ES 1': City Clerk, Christine Bainbridge Rcsolution 05-013 RiSt►t-of way Constructiun lnspector Page 1 of I CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: June 28, 2005 Item: Check all that apply: ❑ consent ~ old business ❑ new business ❑ public hearing . ❑ information El admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion for GOVERNING LEGISLATION: Community Development Bloclc Grant Program. PREVIOUS COUNCIL ACTION TAKEN: On June 7, 2005, City Council was briefed on the alternatives for continued participation in the Spokane County Consortium or the election for entitlement status in the CDBG program. BACKGROUND: The three options available for participation in the CDBG program are summarized as follows: 1. OPTION 1: The City would defer entitlement status and remain a part of the consortium. The City could not opt out during the three year period 2006-2008. CDBG administration for the Consortium would continue. Spokane Valley would be included in the Counfy Consolidated Plan. A cooperation agreement with the County would be required. (attached) 2, OPTION 2: The City elects entitlement status and would be required to prepare its own Consolidated Plan. Funding would not be available until the Plan had been approved by DHUD. The City would assume responsibility for program administration. The City Jcould opt in to the Consortium, but entitlement funding would be returned to the State. It is not clear whether this would apply to funds for the remaining three year period, or just the year when the City opted in. Estimated program administration would require two FTEs (Associate Planner and Administrative Assistant) for an estimated personnel cost of $110,000, and $30,000 for development of the Consolidated Plan. 3. OPTION 3- The City elects entitlement status but enters into a pass-through agreement with the County. The City would be bound by the agreement for the program period. The County would continue to provide program administration but the City would still be required to develop a Consolidated Plan. The City received formal notification of entitlement eligibility on June 20, 2005. No official estimate of the funding has been authorized by Congress as noted by Don Phillips, Deputy Director of HUD. . The County has approved a Consolidated Plan which presently includes Spokane Valley as part of the Consortium. Under either Option 2 or Option 3 it will be necessary for the County to amend the Plan and for the City to develop its own Plan. The Consolidated Plan establishes funding priorities. As an entitlement city the City would have more control over the funds it received as a result of the development of a Consolidated Plan, but at the same time would be responsible for administrative functions presently shared with other members of the Consortium. CDBG limits administrative costs to 20% of the amount and 15% for program services. Housing activities are generally under the HOME program which will also be affected by Spokane Valley's decision. Revenues to cover Spokane County`s administrative costs are presently augmented by program income from the CAPA program, which provides funds for sewer hook-ups to low and moderate ~ income families. Administrative Report CDBG Page 2 of 2 OPTIONS: 1. Motion deferring entitlement status and authonzing the City Manager to execute a Cooperation Agreement with Spokane County to continue participation in the Spokane County Consortium. 2. Motion electing entitlement status, directing the Sfaff to initiate fhe preparation of a Consolidated Plan and authorizing staffing and funding for program administration. 3. Motion authorizing the City Manager to negotiate a pass-through agreement with Spokane County for administration of Spokane Valley entitlement funds and direc#ing the Staff to initiate the preparation of a Consolidated Plan, RECOMMENDED ACTION: Elect between altematives. BUDGETIFINANCIAL IMPACTS: Option 1: No change Option 2: $140,000 for program administration and Consolidated Plan development. Option 3: $30,000 for Consolidated Plan development. STAFF CONTACT: Marina Sukup, Community Development Director ATTACHMENTS: Official letter of notification of entitlement eligibility - Don Phillips Draft Cooperation Agreement under Option 1. . i HBCDAC Bylaws , j ~Q<M~nTG~.y U.S. Department of Housing and Urban Dovelopment Seattle Regional Office ~ S ilhilli ~ Searile Federal Office Building ~ O(fEce of Community Planning & Developrnent -~~64A oevE`Pe - 909 Firsi Avenue, Sufte 300 Seattle, WA 98104-1000 v,%-nv.hud.gov/vrashington.html June 16, 2005 Mr. Uavid Mercier City Manager City of Spokane Valley 11.707 E. Sprague Avenue • ' Spokane Va]ley, WA 99206 laear Mr. Mercier: 1 his letter provides notification to the Cily of Spokane Valley regarding its status as a . possible new Entitlement Community under HUn's Community Development Block Grant Program. The city's desio ation as a possible new Entillement Coinmunity is f'or Fiscal Year 2006. Your status for funding is based on the 2004 population estimates from the U.S. Census Bureau. The Fresident's budget for Fiscal Year 2006 does noC include funding for the CDBG program but proposes CDBG be consolidated into the Strengthening America's Communities Initiative at the laepartment of Commerce. Despile chis budgetary uncertainly, CPD must attend to this process since jurisdictions that arc eligible for a farmula allocation under the HOIME program include those that, as of the end of the previous fiscal year, aee eligible metropolitan cities and urban counties, as defineci in the Flousing and Community Dcvelopment Act of 1974, as amencled, which authorizes the CIaBG program. Therefore, for administrativc puiposes; it is necessary for chese potential iiew metropolitan cities to review the oprions available to them, as discussed below, and determine which option they wish to select. The date by which each jurisdiction must notify the county in which it is pariicipadng, and the HU'D Field Office, of the option it has selected, has passed. However, we will grant this one exception due to the late notificalion receivEd from the Census Rureau. Each potential metraPolitan ciry must select one of the following four options with regard co its parcicipation in the CTaBG program: (1) Accept status as an entitlement grantec; (2) Accept status as an entitlement brantee and enter into a joint agreement with the urban caunty; (3) Defer status as an enfitlement grantce and participate through the State CDBG program; or (4) Defer status as an entitlement grantee and, if located in an urban county, participate as part of the urban county. www.hud.govlwashington.html espanol.hud.gov 2 ~ i Written nUlification of the option selected must be provicied to the councy in which the city is participating and the HUD Field Office as soon as possible. When a city accepts ils entitlement s[atus, it will receive an allocation of CDBG funds providcd that an appropriation for the program is made. When a grantee defers its entitlement status, it does not receive a direct allocation because it has deferred (i.c., elected not to accept) its enUtlement status. In either case, a city located wichin an urban county may still participale as part of an urban county, but then the decision to accept or defer its entitlement status affects the calculation of the allocation for the urban county. Undcr option (2), if a city accepts its enCitlement status and wants to enter inxo a joint agreement with the urban county, the city and county must submit a joint, written reyuest to the k1[.TD Fielcl Offiee, signed by the chief elected official of b4th the city and county, requesling HL)D's approval tn include the city as part of the urban county. The reyuest will be considered approvecl unless H'U'D notifies the city and county of its disapproval within 30 days of receiving the request. Under a joint agreement, because the city has accepted ils status, the CDBC allocations for the city and the county are calculated separately, but the sum of those amounts is awarded to the county as the grant recipient, so the city and county must enter into a cooperation agreement for purposes of grant administration. (If the county in whieh a city is currently participating uses cooperation agreements with an automatic renewal provision, it is not required to execute a new cooperation agreement.) The city is considered a part af the county for the . pcriod of the urban county's qualification and is treated the same as any other unit of general local government that is part of the urban county. (See 24 CFR 570.308 and refer to Section VTTT, paragraph A,1Vletropolitan City/Urban County 7oint Recipients, in the Urban County Qualification Notice.) Under optian (3), no alloeation will be made to newly cieferring mctropolitan cities. There are some potential metropolitan cities that, histArically, have not taken their grants; nevertheless, funds are allocated to ttiem and then subsequently reallocated, in accordance with the statute and regulations. HUD's Office of General Counscl has advised that it is necessary to . contintae tli ' at process with-thosc few communities, but=HCTD docs_not have to allacate funLS to - new potential grantees that indicate they do not want to take their status. . Also, a potential metropolitan city that selects oplion (3) and is located within an urban county may have the oppQrtunity to he incluclecl as part of the urban county in the seconci or third year of the county's qualification. (See Section T'n, paragraph C, Notificalion of Opportunity to be included, in the Urban Caunty Qualification Notice.) A potential metropalitan city that defers its status will have the apgortunity to accept entitlement status in a futurc year, provided [hat it continucs to meet the statutory and regulatory critei-ia for such designat,ion in effect at that time. However, apotenCia] metropolitan city that clefers its status and participates as part of an urban county must i-emain with the county for the entire period pf qualification that remains when the cooperation agreement is executed. i i 3 t Undcr option (4), a city that defers its slatus but enters into a coopcration agreement to participate as part of the urban county does not have a separate CDBG allocation calculated for it. Rather, the geoga-aPhics and demographics of the city are included as part of the urban county when the county's CDBG allocation is calculated. The Department cannot provide a hypothetical grant amounl for FY 06, as thc President's Budget proposed $0 funding for CDBG in FY 06. However, a hypothetical grant amount is being provided under the following assumptions: (1) Spokane Valley, V►'A was an incorporation eligible to leave the SpAkane Urban County and was statistically eligible to receive a CnBG grant in FY 05; (2) total funding for FY OS CDBG formula allocdtion was $4,109,890,720; and (3) the amount is based on FX OS geographic data for all FY OS CABG participants. Based on these assumptions, Spokane Valley, WA would have received a grant of approximately $575,000 in FY 05. This hypothetical gmt amount is provided for planning purposes only. . Please note that this hypothedcal FYQS grant amount incorporates the 2004 population estimates, which is why it is different from the earlier provided hypothetica] amount, which used [he 2000 populadon. Also, Spokane Valley would be funded under Formula A. If Spokane Valley were to be funded under Formula B, the hypothetical grant amount would be revised co $335,000. . ~ We loak forward to hearing from you regarding your decision as it relatcs to " administciing the CDBG Program in Spokane Valley. Should you need additional information from us, please contact Cristina Yamamoto at (206) 220-5367. Sincerely, . LO- PD~S laanald A. P 1 7eputy Director • Offica-of Community-Planning and Development cc: Kasey Kramer Tim Crowlcy a.. COOT'ERATION AGREEMENT FOR COMVIUNITY DEVELOPA'1EIYT BLOCK G12ANT AND HOMF LWFSTMENT PARTn`ERSHiP FUNDS , . THIS AGRT'EMENT, made and entered into by and between Spokane County (hereinafter called the Coun[y) and the Ciry of Spol:ane Valley (hereinafter called the City) this day of , 2005. WITNESSFTH: WHEREAS, pursuant to Title 1 of the Housing and Community Development Act of 1974, as amendcd, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Wousing and Community Dcvelopment Act of 1974 and other applicable laws, Spokane County is entitled to receive Community Taevelopment Block Grant (CDBG) funds for federal fiscal yexrs 2006, 2007, and 2008; and VJT-IEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon the population of other CD$G eligible applicant cities and towns which by this Agreement elect to participate in the CDBG and HOME Entitlement Program with the County; and VIrHE1tEAS, the purposc of this Cooperation Agreement; which is entered into pursuant to, and in accordance with the State .Tnter-local Cooperation Act, RCW 39.34 is to plan for, and administer the CDBG ProSRam and the HOME Investment Partnership Program (HOIvlE,). NOW, THEREFORE, in conside.ration of the rnutual prqmises made herein and t1le mutual benefits received hereunder, the parties agree as follows: l. The City may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years 2006, 2007, 2008, the years during which the City is participating in the Spokane County CDBG and HOVfE Prog-am. 2. The City may nol participate in a HQMT~' consortium except thmugh Spokane County, regardless of whether Spokane County receives a IqOME fonnula a1loGation. 3. 'fhe Spokane County urbaii county qualification period is federal fiscal years 2006, 2007, and 2008. 4. This Agreement remains in effect until the CUBG and MOME funds and income received for federa1 fiscal years 2006, 2007, and 2008 are expe.nded and the fundcd activities are completed. `I"he County and the City may not terminate or withdraw from this Agreement while the Agreement rcmains in effect. 5. `I'he County ancl the City will takc all actions neccssary to assure compliance with Spakane r~ ~ County's certification required by Section 104(b) of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act; c:ldocumcnts anct settingslcbainbritlgelluc;al sep-ingslleanporiry inlemet fi1eslo1k6Mcicy of spokane valley.doc Section 109 of Title I of the Housing and Communit_y Developmenl Act of 1974, and other ~ applicable 1aws. ~ 6. Thc County will not usc CIaBG or HONIE fiincfing for activities in, or in support of a City that does not affirmatively further fair housing within the City's jurisdiction or that impedes the County's actions to comply with the County's fair housing certification. 7. The Ciry has adopted a.nd is enforcing: a) a policy prohibiting thc use of cxcessive force by law enforcement agencies wit.hin its jurisdiction against any individuals engaged in non-violent civil right,s demonstrations; and b) a policy of enforcing applicable Stat:e and local laws against physically barring entrance to, or exit from a facility or location which is Che subject of such nonviolent civil rights demonstrations within jurisdictions. 8. The County and the City will not obstruct the implementation of the approved Consolidatecl Housing and Community Development Plan a.nd Annual Action Plan during the neriad covered by this Agreement. 9. Thc County has final responsibility for selecting CDBG and WOME activitics and annually filing the Consolidated Annual 1'erformance and Evaluation Report; Consolidat:ed Housing and Community Development Strategy; and Annual Aecion Plan with tMc U.S. Depariment. of Housin-, and Urban development. 10. The County and City are subject to the same reyuiremcnts applicablc to CDBG subrccipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 11: The Count:y's Housing and Community Development Advisory Committee will review Cll$G program policies, plans, and applicant funding proposals and recommend to the Board of County Commissioners f'unciing of applicant proposals. 12. The County's Housing and Community Development Advisory Committee will include three representatives of the City appointed by the Board of County Commissioners in consultation with the iMayor and/or Council of the City. This Agreement is entered into on this day of , 2005 by: City of Spokane Valley Spokane County David Mercier, City Manager Phillip D. Harris, Chair Board of County Commissioners 1 c:klocuments ancl settingslcbainbridgellacat setiingsltemparary intemet fileslo1k6alciry of snokane valley.doc - ` . 1 Sl'OKAn'E CQUNTX HOUSLNG & COMMUNTTY DEVELOPMENT ADVISORY COMMITTEE BYLAWS REVISEll Octaber 22, 2003 Adopted by the Spokane County Board of Cnmmissioners the , 2nd day of December 2003 ' I t`1Dncumenl5 and SeitinuiCbainbridpe'tLociJ Srtlinu5'%Ttmnurary Intern Filesl0 k6A1FICQAC t3v1aw. A+fuptcd 17ccentber_ '~3.doc~iil~~uFlientra~3d-Se~tia~~s~e~ik-ugi.~-~~! Sa[~irw~;"{'cm ~Jntcme~~iles;96l~~-3~F~C-9r~r {3}dnws-Ad~pied•Dewi3a§ei-(t~~~ooWalt6DAC~t3-ti-l~t\!.u.L',~(G~AC-!3>-1a~+,~c~c~tec~-E-3cee~ber-20(~3:doo I. N.4ME Thc name of the Committee shall be the Spokane County I-lousing and Community Development Advisory Committee. Il. OFFICE The principal office of the Committee shall he the Broadwav Centre $uilding, Room 200, 721 N. Jefferson, Spokane; WA 99260, or as it may hereinafter be mnved. IlI. PLJRPQSE The Housing and Communily ]aevelopment Advisory Committee is an advisory commitcee to the Housulg and Community Development Taepartment, and ehrough tlie iaepartment; to thc Board of County Com.tnissioners. In general, the purpose of the Committee shall bc to provide representatives of incorporated cities and tawns and citizens of tuuncorporated areas of Spokane County pa-ticipation in comment and review of the Community Development Block Grant (CDBG) Program and HOIvIE Invcstrnent 1'artncrship Program; including Citizen Participation Plans, Consolidatcd Plans, and Consolidated - Annual Perfonnance and Fvaluation Reports (C.AAFR). The Committee shall review 17epartment proposals and initiatives; provide individual and Committee comments, and vote on Commitiee recommenciations, which the Departsnent w-ill submit to the Board of County Commissioners. In the event a Committee decision is cliallenged, the lairector has authority to make final decisions, however, the Committee may represent itself before the BOCC if the Director chooses to act on the proposal oz initiative in a man.uer contra,ry to the recommendalions of the Committec. N. DUTIFS The Housing and Community Taevelopment Advisonr Com.mittee serves in an advisory capacity to the IIousing and Community Development Department (hereinafter referred to as "Department") and, through the Department, to the Board of County Coinciussioners. The IIousing and Community Development Advisory CommittEe duties will be carried out as follows: A. H.olding public meetings/hearings to solicit input from Spokane County residents regarding Housing and Commuiuty Development issues. 'I'hc . Committee representatives also serve as a conciuit behween citizens and the County by participating in community activities and presenting their findings to the- Depamnent. . ~ ~ ~ C':U7~.umni~s and Seainps~clriinbri e~1Loc•i e ti c1Tem~ra1}[ntcrnc~ I~ilc< K A yC A Bvlaws Aaflpted D:cembra 2003.dn~~.~~raeaat~i~f~0Kfi1aSlff).SllkUpll.t2C3I_~@tI1Dp~~7=eEnn.ni:~nLJriterne~~es'~bl:33N4~Gll,~c 3vlaws-:4~fA ed-De~nn~wr• ~1~t3:~i_~L~':'~-(~p,1C ~3~~E,A•WS~F1GUr1G8}~sws-~d~tad-L-7eaenitx+r-~t~f~3~clc~ i B. Reviewing propasals submiried to the Department. C. Providing unbiased funding recommendations for activities which are consistent with the County's Consolidated Plan. D. Reviewing and commenting on the Department's Citizen Participation Plan, Consolidated I'lan, Consolidated Annual Performance Evaluation Report, or other plans and initiatives related to Housing and Community Development issues. V. MEETINGS The Committee shal] hold ten monthly meetings pcr year on the 2nd TIlUTSdC1y. All meetings will be held in a location of sufficient size to allow members of the public to attcnd. Special meetings may be convened in the following manner: A. At Che request of the Chairperson. B. Upon written request of a majority of the Housing and Community Dcvelopmenl Advisory Committee. C. By the $aard of County Comniissioners. D. By the Director of the Housing and Community Development I7epartment. Meetings shall comply with requirements of the Open Meetings Act (RCW 42.30). Roberts Rules of Order shall be in effect for all meetings of thc Housing and Community Development Advisory Committee. V l. QUORiJM A quorum of the Housing and Community Dcvelopment Advisory Committee shall bc comprised of not less than 51 % of the members. When a quorum is present, an affirmative vote by a simple majority of the Committee members in attenciance sliall be necessary to recommend action on any matters to be forwdrded by the Dcpartment to the Board of County Commissioners. VII. SUI3COMIv11TTEES 7"he Chairperson may appoint standing and ad hoc subeommittecs as necessary to carry out the functions and purposcs of the Conunittee. Membership in the above subcommittees shall consist of as many members as the Chairperson deems appropriatc. Each suhconunittee shall have a chairperson who shall be (1 responsible for directing and coordinating the subcornmittee affairs w-id reporting . to the Chairperson at a regular or special meeting of the Committee. I C:lbocamitnts nnd 54rint:,sktr.tiubrid;;tV.cx4il ScllineslT~mUOrtrv 1ntc~rnet 1'ileslilLkGt1,'~{CDAC RvIFn+~s Adanied Demmbrr 2003.docG- QnC_Ume(!i'raRd-Sep.~;~'±r~Kti~ti}~'d~ss+~45:Fi1l1PS1~F~Fn~ar~rv-kliemef-FiICSSOI~ }~-I;ld~r~E~F3};~?ws-?~daate(1-l~6Effl~f.'F ~3:ck.~.V.~:aFIf~3:4(:113-1'-L-Aa4VS~tlGllrl~-f3~lew3-A~~ed•[)ecet~~tie~043~1c~ VIII. MEMBERSHIt' - ~ ~ T'he f Iousing and Community Development Advisory Committee membership shall consist of the following: A. Tvlavors of participating cities and tovAms desiring to serve on the Committec, (or their officially designated representatives), appointed by the Board of County Commissioners. Participating cities shall have the following number of representatives: • Airway Heights l-Representative • Cheney 1-Kepresentative • Deer Park 1-Represnetative • Fairfield 1-Representative • Latah l -Prepresentative • Medical Lake 1-Representative • Millwood 1-kepresentative • Roekforci 1-Representative • SpajigJe 1-Repre_sentative • Spokane Valley 3-ltepresentatives • Waverl_y 1-Represcntative Citizen Representatives are residents of the unincarporated area of Spokane County), appourted by the Board of County Commissioners. The unincorporated area will have four rcpresentatives. C. - The maximum number of representatives from any city, tow-n or the unincorporated areas of the County shall be determined based upon the population or the eicy, tov%m or unincorporated areas of the County as detennined bY "The American Community Survey" or the "Decennial Census Data Population." Lach city; town and the uiuncorporated areas of the County shall be allowed one representative to the committee regardless of population. An additional representative may be designated and/or appointed for each 25,000 residents in the city, town or unincorPorated areas of the County above 50,000 resicients. For example,• a city with a ponulation of 50,001 through 75,000 residents would be allowed up to hwo representatives on the com.mittee. Within its discrction, the committee of the initial representative appointed for each city, town, and the unineorporated areas of the County, should designate ~,vhether "The American Conununity Survey" or the "Deceruual Census Data Fopulation" will be used to determine the population of the cities, towms, and the unincorporated areas of the County for the ptupose of alloNving additional committee representatives. The sanie population standard shall be applied to all cities, tawns, and thc unincorporatcd arcas of the County for the calculatian of the maxllzium ni.unber of representatives to the comnuttee. I C:IDocu3nenu and 3ettinpsticbainbr~ p-sILoc,t Scc in 1~~mpmn1 [cmct Filcslil bbA 1I AC: Bvlaws Adoutei Drre.mber 2 003.doe6-lDciou+ueni. ~2~Jav.s-11Aet~tu~Naatrabwr Il ~ i W':!iiC=f:?ri~[3-1=1:t1-UJ,S~WGI~r~6-k3}~ew~~4s~ec~f-.k~m#~er-~rJfk3~e~ ~----1 Members of lhe Committee shall be responsible for contacting the Housing and Community Development Department two days prior to any regular meeting if unable to attend. Thc Department will notify the Chairpersan of the Committee when a member of the CommittEe is absent from three or more regular meetings in any calenclar year without providing prior notice. Committee members who are unable to fulf 11 Commitites duties due to three unexcused absences shall be asked to resigii, if that action has been approved by a inajority vote of Committee Mcmbers. The Committee shall elect officers annually at its June mecting. Officers shall consist of a Chairperson who shall preside over all mectings and a Vice- Chairperson, who shall perform all duties of the Chairperson in his/her absence. The Chairperson and Vice-Chairperson shall have full rights as Committee members and shall be ex-officio members of all subcommittees. Nlo member shall serve more than hun consecutive terms in the same office. IX. API'OINTiviENTS MAYORAT., APPOINTMENTS Ma}°oral representatives -Mll serve at the discretion pf the apPointing Mayor from cach of Spokane County's cities and toNvns for a term not to exceed three years. To appoint or reappoint a representative, a Mayor Nvill write a letter to the Board of County Commissioners requesting consideration and Board of County Cornmissioners approval of the appointment. CITIZEN REPRESENTf1TIVES APPOIiNTMFNTS When making citizcn appointments; consideration should bc madc for Equal geographic distribution of individuals representing the low and moderate-incomE target population, including: . Elderly Aginoritics Unemployed Disabled Single head of household Youth 1n addition to geograptuc representation, consideration should he made for professinnal skills, community interest, related experience and other faclors that best represent ttie needs of the County regarding the entiUement prograais. The term for unincorporated area citizen representatives shall be three years. The above teruis of appointmeni for th.ree years shall expire as shown in the resolution of appointment, cxccpt that tcrms of appointment that are scheduled to expire C'•01cumrnu find SeuirieskbainbridiaelLoc•il SeninvlTempormv [ntcrteet FiIrs10LK6AIIiG1)A ByIs%k-s Ado»ted December I ?~3,docE:~~c~~me~~sattEl~ett+~skaseka~~~i1 Sutt~s►PS1~e~tx?ei:+F~-1}iFacti e0liles+96 ' 3IIElQDr1C-43,vlaws-!+donted-L~e:.emkuc ~f#?z:ds~:=.#dfi~~AE1Bl-lAd4S'~dGD:1C=~3}la~h~ldopted-Uecemiwr~a03~lea during the Community Development Block Grant project selcction pracess sha11 automatically exiend to the date of Board approval of the Consolidated Plan annual update. X. COMPENSA'1'ION All Committee merubers shall serve without compensation except for reasonable travel expenses and subsiscence allowances as appraved by the Housing and Community Development Director in accordance with applicable rcgulations. Xl. V OTIN G A11 Comnvttee members shall lZave one vote on matters coming bcfore the Committce. proxy voting is nol permitted at the meetings of the Conimittee qr at subcnmmittee mcctings. xll. MNUTES rhe IIousing and Community Devclopment Departinent sha11 insure that minutes are tal:en of all meetings of lhe Housing and Community I7evelopment Advisory Committee. XIII. CQNjFIDEN°I'IALI1'Y Each Comuuttee member shall sign a lettcr of confidentiality. Members shall - protect the riehts, privacy and all information regarding individuals, which they may Lccome aware of in the course of their participation on Committee. XIV. CONFLICT OF ]NTERFST Membcrs who have an interest in, or participate in, the business of an agency applying for or receiving CD13G funds from the County shall disclose such interest prior to participatuig in any such decisions regarding that agency. If deemed necessary, the Chairperson may require such members Io abstain from voting on such decisions. 7'he Committee shall aclopt Conflict of Interest Guidelincs to protect the Comanittee and the Entitlemenl from conflicts of interest. XV. t1MElVDNSENTS These 13ylaws may be amended, repealed or altcred in whole or in part by the Board of County Conimissioners. , ~ C:~Docum ntsn~ttineslcbainbridgalLocA SettineslTemporrwv ]nicyt[ct Cilc \OL}:GA'1iCDAC 13,vla~ plccE Dcccmbcr I 1603. ':11.)t~etEriwr~i-cu~f~teagst~~5ta4:u~?~4~ca4zSaF~iia~5l~ei~lROF:irvdnteEilt! •F_i os~Of:~. 3• x ~ ~v~~w;-Cfdonted•Qe_~Gm~f ~,N,'~,,-~~4WC-F?AC~a3-1'I_-:aJ~S4NS~~l~ 13~laws-r4dopied•E?eeember-~003;ctoa Adopted by the SPokane County $oard of Commissioners the 2nd day of December 2003. BOARD OF COUN"I'Y COMMISSIONERS ~ OF SPOKANE COUNTY, WASHINGTON AT1 LS`l': CLCTZiC OF THE BOAR,D ~ ~BY: l ~ I C:1Ducvmrnuti and Setting~tchainbridgclLoeal Se ilneslTenipor~rv• Tntrrnrl FilrslOLk:GAkHCDAC Bvluw3 Adoptrd Derrmber 1OD3.(ICFCG~~Hf:ifl'ii@FlFS-Ri2F~ S@~f(1~S~litStlliHrjL(NS.4~ iiin~.s'r'Fafr~~c~x-~~v-}~a6erri~'t-1=i~es1(~F~I:~:F'~ i!'L~A~ f3~lav:s-Ae4~Feck-I~eee:mher Z ?~LtWN6~~C-~(3-~'6A~1441ldC-l3A~Eiyte+ks-r4clepted•~3eoena~eaL~4Q?:~I~c Spokane County Regional Animal Protection Service ..U',ke•Mf, r '.a, SCR Ps . , r ' d.n!tV6F'. Nancy Hill Director 2521 North Flora Road Spokane, WA 99216 (509) 477-1967 Today's Presentation • Pec I,icense camPaign • 'Time Study Usagc ' • Kegional Animal Control `rr ~ r ~a ~ Sum.mary of 2005 Pet License Campaign • Door t~gers 50,000 co bc aistrib,ted - 10,000 aistribuccd ta date • T'ergct areas - SV and Spokane County residcntial areas • Press Confecence - T.ero 'Colernnce (to be scheduled) • Amncsty Month advcrtisc Pet License Door Hanger _ r` ,~n~ ~ ~ 1l~ f \ ~tp~j, I `;Lll0 '~i+ ~1 • i I~ I N F, ~ ~ ~ .1 ~ . 1 < .1 ~ ReSLilts to date: ~ Program Stairted April ?005 r~`°~',~`;~,~'~~ - • 37$ pet.s ficerascCl as of J CI~ j1~~ ~Olhf 2005 r~. Z'argeted areas: ~ - - A►rgonne Sullivari Freeway t~ 42"'d , TiIIle StUdy Jat~uary - April 2005 I-m-pwi Tfi.wr. ra.r 3waib . 'Ay % 792 115 13 2372 44.76A Cinmiy tiiVLWe 1495 1099 69 22 75 2m :5726% ve~~~y I Milrwooa ~i 12 n 0 2 45 0_95% Ovarmy 36 25 14 0 I 1_66% Faurchild 14 13 I I 4 2$ 0.4774 AF#3 Tota] 29M 1931 211 36 134 5300 100.00 ~ ~ Time Study January - December 2004 ~ ..r ....o. ~ T.~ x sso►m aaia 3215 350 si 160 8194 47.59% cuuoty spoksm 4332 3563 244 96 194 9479 49.24'1i Valky Millwaid 83 65 3 1 2 154 0.89% chcMY 160 133 12 1 2 310 1.8M. r.ircWut AFB 10 46 3 3 o az 048x Total 9023 M~ 662 tsZ 35e 17219 ioo.aox Regional Animal Control Concept Some Nistory: Thrcr ares s6elters SCRAPS . ~ . SpokAnimal CARE t ` Spokane Humanc Society 4 Proposed Regional Plan 3-5 year timeline • SCRAPS will provide animal conVol services to all of Spokane County - including the incorparated cities and will pariner with SpokAnimal C.A.R.E. and the Spokane Humane Society on placing adop[able animals. • SCRAPS to expand cument facilities. • SpokAnimal on 3-5 year timeline for discontinuing animal control services and building new facility to house veterinary clinic and animal,,. adoption area. Regional Plan Contlnued • Timclines of SC'ltAP5 & SpokAnimal coincide. • Animal community hopcs voucher programs and license carupaig.ns will result in fewer animals being housed at local shelters. • Spokane ! Iumane Society has no pians to do animal control but do plan to condnue to operate an adoption facility with a veterinary clinic. ~ NUtS & aolts • Exp~nsiun - SCRAPS Uff'ice Area - I/3 Second Cai room Possibly add dog runs ~ y . i` • StAffiI1Q ISSUCS Animal Protection Officers ~ Uffic;e Workers ~ Kennel Staff Nuts & BoitS • Yurrhsainp- Vac:c:inatiows & micruchips discaunt+od Fxiccs roucUwt liilrr donated Clcaning supplies discvuntai • Vcterinerv CNnic ('ost Savings SpokAnimal 8t SpokAnc Humane Socicty ('linic ~ • Net l.icen.se Camnaign: ~ • ' R•lcdia Cfunpaign InsL rts ~ Doar hangers Flyers Canvassers Nuts & Bolts • Spsy/Ncuter CampaiQn Vouchers - SCRAPS Vouchcrs - SpakAnima) Both successful word of ~ mouth pragrams at this ~ . time. Finally • Gathering E3udget , (nformation - • Cvst Analysis • Draft Regional ~ Budget ~ ~ \ 7 CITY OF SPOKANE VALLEY _ Request for Council Action Meeting Date: June 28, 2005 City Manager Sign-off: Item: Check all that apply.: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Z admin. report ❑ pending legislation AGENDA ITEM TITLE : Outside Agencies' Presence at CenterPlace GOVERNING LEGI$LATION: RCW 35.57.020 Public Facilities Districts Regional centers- Charges and fees-Powers PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: There has been a verbal request from SCOPE that the City consider housing a SCOPE station in CenterPlace. Staff has broadened this topic discussion to include the potential of similar requests from other outside agencies. CenterPlace is funded in part through the Spokane Public Facilities District which places legal requirements of "regional" use on the facility. The long term use of CenterPlace. by the Community Colleges of Spokane (CCS) has a significant impact on the space available. Currently, the City is leasing 6 classrooms to CCS and the college has requested two additional rooms. Staff is coordinating with the bond attorney (Michael Ormsby of Preston, Gates & Ellis) regarding the legal requirements to determine if the two additional rooms can be leased to CCS . and what if any, "non-regional" space would remain. , Based on the above findings, staff will present the options of available space for SCOPE or other agencies requesting a presence at CenterPlace. OPTIONS RECOMMENDED ACTION OR MOTION : Discussion only BUDGET/FINANCIAL IMPACTS: Current lease rates at CenterPlace are $16 per square foot. A 756 sq' classroom would lease for $12,096/year. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTAC H M E NTS r _ . (.111 AF • V alley . 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 # cityhallGspokanevallcy.org Memorandum To: City Council - Meeting June 28, 2005 From: Louis Graf, Engineer (CIP)/-/Z 1.0- Thru: Neil Kersten, Public Works Director Steve Worley, Senior Engineer (CIP) Cc: Carolyn George Date: June 21, 2005 , Re: Project update - Montgomery Avenue Rehabilitation Project, Bid No. 05-004 , The Monlgomery Avenue Rehabilitation Peoject is funcied by a Community Develppment Block Grant (CDBG) admi.nistered by Spokane County Housing and Community Development Department. "1'he CDBG fundiug for construction of this project is $439,850 (90% Ui'total budget). City parlicipation is $46,840 (10% of total budget), which consists of staff'salaries and benefits. Total budget is $486,650. The 2005 CDRG Grant Applications were previously approved by Council at the October 19, 2004 study sessinn. 'I`he above project was also; included in the 2005-2010 Amended 'I`iP Approved on Apri126, 2005. Constructian plans, specificxtions and estimatc were completed by city personnel. The project was advertised for biddi.ng pn June 10, 2005. Bid proposals will bc opened on July 1, 2005. Council approval for concract award is scheduled for July 12, 2005 at tlie , regular council meeting. Construc;cion will generally occur during thc month of August. , ~ S epU~lle Valley 4;00 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ~ cityhall@spokanevalley.org Memorandum To: David Mercier, City Manager, and Members of Council From: Nina Regor, Deputy City Manager Date: June 27, 2005 Re: Monthly Report - Summary of May 2005 Activities Operatinns • Recruitnrent.s. There are a number of vacant and new positions. Following is the recruitment status of each position. 'lhere have been a few updatcs to the intbrmalion pretented at the June 11 retreat. ' Position Statrts AccauntaiidBudgct The City reopened the recruitment for the newly authorized position to Analyst establish a wider pouL [nterviews toak place in late May, ancl the Cily is in the deliberation phase. ~ ~ - - Accounting Manager The City is recruiting to fill the Accountiiig Vlanager position pending ~an upcoming retirement. The City extended an off.er to Rrad Johnson. _ I•le is schcdulcd to begin on June 27. Administrative Assistant The City is considering optioris for thc CettterPlttce Assistant nnd the (3) - floatcr AssistAnt, The City conducted a separate rccruitment for the vacant Admin Assistant prnviding support to the L)eputy City ManaLyer. Interviews are scheduled for rnid-June, City Attorney _ Hirst revicw of applicat.ions is scheduled to begin on Junc 13. C;ode 13i11 Schullz hns accepted the position and is schedulecl tn begin in Enforc:ement Officer early July. Human Resources Couneil discussed the posirion on March 22, and staff will rcturn at a Analyst later date with additional infarmatinn. Permit Specialist Interviews are anticipated in mid-June. J~ Plans Gxamincr The City has begun a eecruitrricnl to fill the Plans Examiner position, which bccame vacant when the incumbent aceeptccl a pramatiunul opporlunity with another jurisdiclion. First review af applications bcgan on June 10. Public Infnrination CArolbelle Branch has acccptcd the position, and is scheduled to begin Officer on June 27. Stormwater Aaroti Clary has accepted the positinn and is schcduled lo begin in Engineering °i'ec;hnician mid-Junc. ~ Depuly City ManAger Monthly Reporl- May 2005, continued • June 27, 2005 Pagc 2 of 2 Wcb Site Weh Sile Summary - Month ojjYlay 2005 ' Uni ue User Sessions 23,069 '1 o Five Pa es Viewed* Fm lo enl 4,2$5 GIS/Ma s 641 Fm la ment A licatiou 553 Couunuiut r Develo ment 482 De artmcnts 456 'Co Tivc "Rcferrer" Web Siles S okane Cnunt - Jobs 534 S okane Valle Online 445 S okane Coun -Gav't Fm lo menl 366 Mutucipal Research and Services Cenler (ti1RS(:) 140 MSN 7.9 *Note: Numbers reflect fall or majorily wccl:s of thc month. _ Spo`~l;ane , ;OoVaUey - 11707 E Sprague Ave Su9te 106 ♦ Spokane Valley VYA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cfCyhall@spokanevalley.org Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director ' CC: Nina Regor, Deputy City Manager . Date: June 13, 2005 Re: Monthfy Report Finance employees workea i_n lhe following areas during the moiith of May. Office of managemcnt & budQet A-$7 cost allocation plan Financial Consulling Solutions Group vC Reclmona, Washingtnn has been hired ta prepare • this plan. Once completcd, this plan will allow the city to recover overhead costs &dm granls. The plan ,Nrill also provide ini'ormation that will be helpful in calculating our costs for providing services to developers and city enterprise funds. Buciget variance/investment renorts , 1Zeports showuig a cornparison of fund revcnuES and expenditures to our 2005 . amended budget, at May 31, 2005, are attached. If.re<<enues and expendihues flowed to the eiey equally over twelve months, we would e.cpect to see 42% in the right-hand colurnn. . Revenues and expenditures dn not flaw equally in twelve montllly installments to the eity so the percentages appearing in the right hand column will often be skewed. Overall, expenditures and revenues are in line witli our aniended budget. The investment report at May 31, 2005 is also attached. As we build reserves our cash and investment balanccs increase, which gcncratcs more investment incpme. i Vac_ant positious . 1Ve arc in the final stages of hiring an Accounting Ivlanager to replace Dan Cenis when he retires in July. The scarch continues to find the right candidate to fill the Accountant pnsition. 2006 budget arenaration Deparkments have submitted their proposed 2006 budgets to Finance. July will be spent reviewing/cuordinating these prUposals. The City Council will begin their review of the prnposed budget in August. Budget hearings vvill take place on August 23, October 11 and October 25. Comnrehensive Annual rinancial Kevort Accounling Ivlanager Cenis is t'inishing the 2004 annual f nancial report. This is one of the documents that is distributed ta the financial cammunity each year. °lhe State Auditor's OfCice is , expected to audit this document in thc fall. . "I'ouris.m pramotion with local org-anizations Five agcncies are receiving City room tax to promote tourism in our community. Each agency is required to file a midyear status report. Councilor Flanigan and staff are planning a lodging committee meeting to hear mid-ycar reports and to discuss use of City lodging tax dollars to pay promotional overhead costs. . ~ City of Spokane Valley General Fund Budget Variance Report For the Period May 31, 2005 Amendeqd Budget May Y7D Unrealized (?eroent 2005 Revenues Revenues Revenue Realized General Fund RevenuCS: Unrestricted Fund Balance $ 3,784,250 $ - $ 4,493,460 $ - 118.74% Property Tax 10,055,316 3,356,964 3,879,436 6,775,880 38.58 1 Sales Tax 13,998,000 1,481,078 5,148,957 8,849,043 36.78 Gambling Tax 800,000 107,918 235,356 564,644 29.42 4 Leasehold Excise Tax 5,000 64 . 792 4,208 15.84 ' Franchise FeesJBus. Reg[stration 650,000 2,913 192,338 457,662 29.59 4 State Shared Revenues 1,121,709 62 298,428 823,280 28.60 Ptanning & Building Fees 1,863,000 273,379 986,382 866,618 53.48 14 Fines and Forfeitures 1,200,000 100,859 466,081 733,919 38.84 Recreation Program Fees 90,000 9,966 53,967 36,033 59.96 Investment Interest 36,000 22,614 56,666 (20,866) 157.96 Operaiing Transfers 287,140 - - 287,140 - 11 $ 33,890,415 S 5,355,817 $ 15,822,064 $ 18,777,561 46.69% Amended Budget AAay YfD Unrealized Percent 2005 Exoenditures Expenditures Expendftures Realized General Fund Expenditures: Legislative Branch $ 288,226 $ 17,951 $ 111,245 $ 176,981 38.609b 10 Executive 8 Legislative Support 442,867 30,797 143,655 299,212 32.44 Public Safety 15,909,424 1,222,678 6,091,807 9,817,617 38.29 Operations 8 Administrative Svcs 1,294,601 79,089 320,879 973.722 24.79 Public Works 800,490 61,857 284,635 515,855 35.56 Planning & Commun'tty Dev_ 1,729,315 128,893 548,058 1,181,257 31.69 Library Services 2,270,000 1,088,089 1,088,089 1,181,911 47.93 PaAcs & Recreatenn 1,959,186 28,844 • 347,794 1,611,392 17.75 General Govemment 9,196,306 80,769 477,159 8,719,147 5.19 16 $ 33,890,415 $ 2,738,967 S 9,413,321 S 24,477,094 27.78% . . J 611512005 2:26 PM City of Spokane Valley Other Funds Budget Variance Report ` For Ehe Period May 31, 2005 l Amended Bitdget PAay YTD Unrealized Percen9 2005 Revenvss Revenves f2ovonuo eaiized Other Funds Roventees: Street Fund $ 5,803,158 $ 1t5,903 $ 426,046 $ 5,377,112 7.34% Artarial Street Fund 1,0E6,003 48,721 185.202 900,801 17.05 TrailS and Paths 17,900 17 80 17,820 0.45 11 , Wato!lASatd Fund 437,827 30,085 94,711 343,116 21.83 CenterPlnce Opersting Reserve 300,000 - - 300,060 - Serviae Level Stablizal6on 1,000,000 - - 1,000,000 - , Wlntcr Weaiher Reserve 500,000 - - 500,000 - Debt Service - LTGO 03 582,636 208,918 208,918 373,917 35.85 Capital Projecis Fund 2,505,904 100,513 350,895 7,755.009 18.66 Spedal Capilal Ptojects Fund 4,912,457 89,648 347,145 1,565,312 18,15 SVeet Capital Progecis 4,262,330 497 292,734 3,969,596 6.87 8 ' Mirabeau Point Projtxd 3,000,000 4,980 87,451 2,912,549 - SUcet Bond Capital Projeds 406,OU0 2,550 12,858 393,342 - CD Block Grant Fund - 678 21,822 (21,822) - Capital Grants Fund 5,014,000 55,000 113,000 4,897,000 2.28 8 Berksr Bridgo Rooor►sWclEon 350,040 - - 350,000 - 8 Portcs Capital Projects 550,000 - - 550,0G0 - Civic Buildings Capital Projects 500.000 - - 500,000 - Stotmweter Mgmt Fund 2,061,026 462,431 549,648 1,511,378 26.67 Equip. Rental812op1acemem 272,892 304 1,198 271,694 0.44 11 Risk Manegement 140,828 83 505,132 35,898 74.65 S 30,299,180 S 1.090,278 $ 2,796,840 $ 27,502.520 9.23% Gonoral Fund i Amended Budgot htay Y'I'U Unr¢alizod 1'ercent 2005 Exnenditut~s Expenditures Exnenditures P41'rr Othor Funds Eupendltures: Street Fund g 5,800,158 S 170,863 $ 785,196 $ 5,017,982 13.53% Arterial Strcet Fund 1,086,003 - - 1,066,003 - 7 Trefls and Pathe 17,000 - - 17,90•0 - 7 HoteilMotel Fund 437,827 35,891 68,558 369,269 15,66 Cen!erPlaae Operaling Reserve 300,000 - - 300,000 - Service Level Stablizetion 1,000,000 - - 1,000,000 - Winter LVeother I2eserve 500,000 - - 500,000 - Debt Service LTGO 03 582,835 208,918 208,918 373,917 35.85 CaPital Rroyects Fund 2,105,504 23.773 23,773 2,082,131 1.13 7 Special Gflaital Projects Fund 1,912,457 23,773 23,773 5,888,884 1.24 7 Strcel Capital Projects 4,202,330 - 73,326 4,189,004 1.72 8 Mirabe,au Point Prcjed 3,000,000 808,643 2,219,947 789,053 74.00 " Streel Bond Capital Proocts 406,000 15,000 113,000 293,000 27,83 8 CD Btack Grqnt Fund - - - - - Capital Cyrants Fund 5,010,000 33 111,708 4,898,292 2.23 8 Barker Bricfge Recons4ruciion 350,000 • - 350,000 - B Parks Capital prolacls 550,000 • - 55Q,000 - Civic Bu'sldings Capital Projetis 5D0,000 - - 500,000 - Stormwater Pdgmi Fund 2,061,028 161,527 370,922 1,690,604 17.97 Equip. Rental 812eplacamnt 272,892 8,217 46,840 226,052 17.18 Rfsk Management 140,828 33 105,021 35,807 74.57 13 $ 30,299,160 $ 1,458,871 $ 4,150,482 S 26,148,678 13.7096 81152a65 2:28 PM • City of Spokane Valloy - Investment Report For the Month May 2005 Total LGIP' F&M MM Investments 8eginning $ 12,141,702.83 $ 5,426,246.76 $ 16,493,299.02 Deposits 2,961,207.98 2,200,000.00 5,161,207.98 Withdrawls (1,700,000.00) (1,950,000.00) (3,650,000.00) Interest • 33,262.63 11,386.59 44,64922 Ending $ 13,436,173.44 $ 5,687,633.35 $ 19,123,806.79 Balances bv Fund General Fund S 6,945,920.93 Street Fund 2,563,677.25 Arterial Street 1,012,551.96 Paths & 1'rails 8,572.63 Hotel/Motel 158,113.63 Capital Projects 1,896,594.02 Spec. Capitai Proj. 1,572,978.84 Street Capital Proj. 220,321.62 Mirabeau Point Proj. 1,657,813.64 Street Bond Proj. 1,261,587.60 . CD Block Grant Fd. 287,822.12 ' Stormwater Mgmt. 1,378,455.75 Equipment Rental 134,138.00 Risk Management 25,258.80 ' $ 19,123,806.79 *Local Government Investment Pool \ 6/15/2005 2:26 PM dec FOOTNOTES Note: 1 Revenue from property taxes is received in May and November 4 Received quarterty 7 Used primarily for capital projects. Cash not moved from these funds (expenditures) to the construction funds until needed • 8 Capital projects often take a number of years to plan, engineer, acquire right of way and construct. 10 AWC membership paid in early 2005 11 Internal transfer is made twicelyear. 13 Insurance premium paid early in year 14 New construction projects are exceeding our estimates. 16 75% are one-time transfers scheduled for late 2005 6115l2005 2:26 PM CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY REPORT FOR MAY 2005 LONG RANGE PLANN/NG: . Planning Commission The Spokane Valley Planning Commission met twice during the month of May. Subjects discussed were a street vacation for Knox east of Argonne and for a portion of Shannon east of Pines. The preliminary draft of an ordinance for the above and below ground storage tanks of hazardous and critical materials has been continued to July 14'h 2005 in order to be able to . meet with concemed citizens and gather input from interested parties. Comprehensive Plan Development ' Long Range Planning has issued the Public Hearing Draft of the Comprehensive Plan. An open house was held in Council Chambers on May 19th, with approx. 15 coming in to see the maps and discuss issues with the planners as well as some of the commissioners This is the upcoming meeting planned and their locations June 1, 2005 - Comp Plan open house in chambers June 16, 2005, Comp Plan Public Hearing 6 to 9 pm, Spokane Valle~ Nazarene Church 15515 East 20 June 22, 2005 6 to 9 pm Spokane Valley Community Center 10814 East Broadway June 23, 2005 6 to 9 pm Spokane Valley City Hall, Council Chambers 11707 East Sprague July - PC deliberations August 16 - CC/PC meeting overview of PC draft comp plan \ Page 1 of 6 City of Spokane Valley Department of Community Development Monthly Report for May 2005 i CURRENT PLANNING: The Planning Division opened 16 land use application files in May 2005. In addition, 21 licenses/permits were sold. The following charts track pressnt monthly activity with 2004 levels. LicenseJPermits include adult entertainment, home profession, temporary use and sign review permits. Land Use Actions include binding site plans, rezones, subdivisions, short plats, boundary line adjustments, street vacations, site plan reviews and SEPA reviews. 20U5 L6c¢nsns S Permifs Issued 2005 Naw Land Use AsHans A ~p _ 30 30 , . . . ;0 IF,,! 20 0 .Fn FeS tAV J k~ AON ln dl hri 6- OCt Nr Orc Aly Aq Mr~ ~n A1 Atq Sep Qi !M fbt p ~pK fl 15 18 31 21v ~~5 a 21 IS 3071 6 9 I! IS 9 t7 11 t7 ~ 11 7 11 _W L 11 12 h 35 i6 72 A al ffi 11 II The Planning Division also received 2 land use pre-application requests and approved 38 commercial permits during fV'lay including a 30 unit apartment complex on 80' Avenue and a 168 unit apartment complex with associated swimming pool and office/recreation building on Shannon Avenue. An additional 29 commercial permits were received during May for processing; additionally the Planning Division conducted 8 commercial pre-application meetings ' in May. Commercial pre-application activity seNes as a barometer of upcoming commercial building permits that.will likely be submitted to the City in upcoming months. Monthly revenue for the Current Planning Division totaled $17,482.00 in May; 79% of the revenues generated in April 2005, and 84% of the revenues generated during May of 2004. ` 2005 Planning Revenues v ~ ~ ~ i $50,000 $40,000 _ ~r~ _ _ . _ _ . n , • _ - ~ • " $30,000 $;Z0,000 ~ , - - - , - - - _ $10,000 ~ 'I 1 - - . $o Jan Feb Mar April P1tay June July Aug Sepl Qat Nov Dec i 0 Revenue 2005 Revenue 20Q4 • ~ ~ - In May 2005, the Current Planning Division served 357 customers at the Planning Counter, and retumed or answered 250 phone calls. Seven public hearings were held before the Hearing Examiner in May. Page 2 of 6 City of Spokane Valley Department of Community Development Monthly Report for May 2005 Revenues 2005 Planntng Revenues Compared witfi Budget generated by _ F- 7- the Planning 1 _ : _ - - - Division are LanaLbe n~ibm compared with t ! ' ( the 2005 Budget i appropriation in ucemes aPemtg ~ the table right_ . c my^"• w~: :r.'~.' 2{is: .:k': 'i'" ~ ~-r: ~ $0 $201000 $40,000 $G0.000 S&D,OOD S100,040 $120,OOD $140,000 8160,000 318A,000 O Actual Y7D Revettue B Annunl Bud~et rcde BUILDING D/V/S10N: The Building Division issued 576 permits in May. This is a increase of 172 in the number of permits issued in April and an increase of 316 over May '04. 40 new single family dwellings and eight commercial buildiRgs were permitted. 2005 CONSTRUCTION PERMITS . tooo ~ soo Q ,.--c....~ r hn F6 A4r Apr A6y lrn Jufj Aaig S* Qd Nrv (kc 2005fWmts 750 271 549 404 576 . 2~4lFhrrcils 135 197 335 29E 260 -~370 ~ 200 358 284 243 242 338 2005 Now Slruclurus Perrniltod ssn 200 150 - - - - E - - 100 - so - - - - - - - - - ~ - - - - _ . _ : - o' Jan ° Feb I.tar Apr ~ Ata y June Juty Aug Sept ' Oct Nlnv O'c X- --4 - - ~ O iJmN 1 8 2 Dw R1ing 12 18 23 36 40 - - --i ~ - _-:~j - m - - - ---1-- - p N4~ld-fa Units 12 I 120 1 0 0 192 - - - --I - - ~ - _ t - 4 5 8 ~ O Pkw Comtercfal 0 18 ~ / , ..l \ Page3of6 City of Spokane Valley Department of Comrtiunity Development Monthly Report for May 2005 2005 Building Revenues SJCO,O:AQJ W.0300 - - - - - - - - - - ly.E?IYuO r---n tt5q0:n.ao ~ - - - _ - - - - - - ~-7.~4 R~'.F?IYJ65 . ~ . . ~ . . . _ _ _ _ St~qooow 5.~` .0m 00 ~ . r. ~ .M►pT1J~r~. r" •R~!fr ~ _ .I $000 - ' - - - kn Feh Alai Ap Mry ,kre jiy Acy Sep clct Ihv R+c The Permit Center collected $ 245,291.35 in Perrriit and Plan Review Fees in May, compared with $148,415 over the same Period last year. 2005 Vatuation of Construction $aD,000,000 - $25,000.000 - - 320,000,0011 - ~ i O 2005 Valualion _ S 15.U0~.000 ~ 2004 V.31ua6on f10,000.0QO .r 55,QOQ,QO(1 SU ~ - Jan Fcb ARtr Apr Wy .Gme Juy Ateg SqM Oct Nav Dac . i The reported value of construction, including new structures and additions/alteration is shown in the following chart, comparing these values with 2004. Value this year is $ 15,000,000 ahead of last year at this time. A comparison of Building Division fiscal activity through the month of May to annual budget projections can be found below: 1005 YTD 8uging Revenues Compared with Budget license 8 f~rrtit Fees ~ ~ . . . , S780,000 5800.000 382QS000 5840,000 $860.M E86O,O30 f9000 =190Q 9 Atluf! YTD Reverv~e 0 Armual Rerenw RoJeubn Page 4 of 6 City of Spokane Valley Department of Community Development Monthly Report for May 2005 In May we performed 960 inspections in 21 days. This averages 45 inspections per day. So far this year we have performed 4,414 inspections with the busy time of the year in front of us. The Permit Center continues to experience a high volume of Commercial Permit Applications so our On Call Pool is used for plan review of one & iwo family residential structures. We are able to keep our pfan review on schedule using these resources although business remains brisk. 2005 Building Inspections 1500 _ . r.,.'. ' J.~~.. yt'b.,~i`•'r~t~.,~ j•' ~r, ~di►d~~~'+i,.~Px . . ) , ...i•..F . . r . - _ . . . .Y. . . . . . . IU0U _ 500 ; 0 Jan Feb DAar Apr May June JuH Aug Sept Oct I~tov Dec ~ 2005 hspections 760 841 980 873 960 2004 hnspeckions 467 611 735 892 863 918 852 929 8fa5 1015 847 919 ~ CODE COMPL/ANCE: . . The number of "Violations Reported" on the following chart reflects actual Spokane Valley Zoning Code violations, plus complaints received which were not violations. The complaints received are added to the total because they reflect time officers spent in the field conducting investigations. In addition, the "Investigated" and °Pending" columns accurately reflect Code Compliance's current ability to process and investigate backlog cases due to the loss of staffing. CODE COMPLIANCE STATUS REPORT 350 aao - . - - • - - . - - - - - 250 200 ; ; Iso - - 1W - - - ; ~ 0 - n 0- k--- LL AE 04 J 04 J 04 A 04 S 04 004 N 04 004 .km 05 Feb 05 Mhr 05 Ap 05 AG3FY 05 IP,I Violations Wportad 19 Atkdaments p Fle Trensfers g Pemd'ng Fdes Page. 5 of 6 City of Spokane Valley Departnent of Community Development Monthly Report for May 2005 The following chart provides a monthly comparison of the types of Spokane Valley Code violations reported. In order to make the chart easier to follow, activity has been consolidated ' into the following five categories: Environmental (sewer/septic, critical areas, animal and nuisance violations); Property (Right of Way, property use, dangerous building, Iandlord/tenant, illegal business and signage violations); Junk Auto; Solid Waste (solid waste, illegal dumping, and household waste violations); Cleanriew Triangle and-Complaint - No Violation. A total of 91 complaints were processed in May. CODE CAMPLIANCE REPORTS (by type) r. sa% B6% • ~ . / - - . - 1 " - 409% 2056 • _ _ - ~ - _ - 0°A M 04 J 04 J 04 A 04 S 04 004 N 04 D 04 [-,an 05 Fel) OS P.?ar 05 ~ A p 05 --Ca IaiM - fYo Vi~lation 28 f 19 14 - 19 17 16 21 1~J 15 7 1~J 26 14 EI rcp ~ - - - - - - - _ - _ _ _ . . - s 5oNd Wt►sle 31 " 18 15 23 22 ~ 19 16 15 18 10 15 ; aa 25 - k . p.hin9c Auto 25 i 24 16 24 " 21 f 19 _ y8 _17 12 _ 14 _14 _ 19 27 . f [1 ear View 7rhanglei 4 23 1 2 5 p t--- - tl - . - a pvAperfy - - 15 31 _ 18 10 32 ~ 13 13 f 11 14 19 6 9 9 [5 Environmentat 14 ~ 17 ~ 14 _ ti 16 18 _ 19 r 11 7-- 9 12 6 11 , Page 6 of 6 - SpiM)ne ;oOVaUcy 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallospokanevalley.org Memorandum To: Dave Mercier, Nina Regor, Members of City Council From: Mike JackSOn Date: May 12, 2005 Re: Monthiy Report, June 2005 Administrarion znd I'arks: • Coordinaied with YMCA for advertising of swim lessons and general operation of~City Pools. The City pools opened June 18~'. • Held an Aquatic Facil.ity public meeting on June 21S` at the Council Chambers. Our consultant from ORB attended. • Received varianGe for lowering divuig boards anci orclered ncw diving boards. • Submitted fee schedule to Council for CenterPlace rentals and started taking reservations. ,i • Received the first draft of the Parks and Recreation Master Plan. Staff is reviewing the plan. . • Worked with staff to revise portions of tlie Special F.vent, Ordinance. CenterPlacc: • Job descriptions wriCten anci advcrtiscmcnts placed for maintenance worker and administrative assistant. • RFP far Janilorial Services created and advertised. • Kitchen small ware & supplies have been ordered. • CenterPlace marketin .p,,/advertising budget develnped. • A list nf caterers has been compiled. • CenterPlace t'acility rental contracts have been developed. • Preparing a proposal for beverage and food vendors at Centerl'lace. .Writing policics and procedures manual for CenterPlace. . s Grand onaning committee is developing timel'uies for the comPletion of each project. Recreatiun: • Attended and contributed to CenterPlace Granci Opening anci Valleyfest Committee meetings. Secured presenters/activitics for Grand Opening. • Finaliied seasonal siunmer staff hirin;. Conducted 40 hnur summer staCf kraining. ~ • f"inalizECi summer camp program planning & preparation. Camps begin June 20u'. : • Stunmer Day Camp registrations range from 16 to 30 participants. Kindercamp registration ranges from 2 to 5 participants. Little Tykes Incioor Gym registratinn ranges f fram 7 to 8 partieipants. Senior Center: • An infonnational seminar was hcld vlay lg'h and was extremely successFul. There werc representatives from a law fimi, hearing center; eye clinic and research physician. All of the participanls are willing to participate in lhe Grand Opening for CenterPlace. •'1`lie Association Nvill not have offiee staff After July 4"' a.s their support person has given notice. • Completecl initia12006 budget. • Work.ing with County to determine lhe origin of eqiupment and furniture at Senior . Center. Helping Associalion urith disposal of excess fiirniture not moving lo C:enterPlacc. ~ i ; i ~ , . F~ v1EM0 TO: Dave Mcrcicr, City Managcr F.ROM: Cal Wallcer, Chief of Pulice George Wigen, Adaiinistrative Scrgeaut llATF: June 9, ZqOS R.E: vlonthly Report May 2005 Attached iti the activity report for IV'fay 2005 for the Spakane Valley Police Department. There were a total of 5,091 computer=aided clispatch (CAD) incidents. These are self initiated officer contacts, ' as well as calls for scrviee. Out of ttiose 5,091 incidents, 1,419 actual reports werc taken during thc month of May. Attached is the breakdo-vvn describing those incidents. -Additionally, therE were - 1,793 traffic 5tops conducted thac resulted in 167 traFtic reports. Included are the hotspot maps for May residential burglaries, May comniercial burglaries and Ivlay traffic collisions, along with April & May stolen vehicles. ADNIINISTI2ATIVF: In iv1ay, thc Spokane area-wide Chaplaincy hosted its yearly i.,aw Fnforccment APpreciation breakfast, with Washingtou Statc Attorney General Rod McKenna as ttiis year's f'eatureci speaker. Tlie annual breakfast wa.s well attended by a number of Spokane Valley representatives, including the Mayor. Also in May, Chief 1Nalker had the privilege to meet with noted community police author Bonnie Bucqueroux and ciiscuss with her a number oftopics surrounding cnmmunity-orienced policing. Chief Walker also atlended the spring WASPC confeeence in Wenatchee. Vfore group meetings were -held regarcling the Radio Cominunications infrastructure, attended by itrea representativcs from law enforcement ar►cl fre. 'CC)MMUNITY ORiFN`I'E1) FOLICING: East Vallcy School District held thcir volunteer appreciation night on May 23. The EASt Valley School Boarcl of Directors, Superintendent and administert recogtuzEd the hard work of all schovl volunle:ers and business partners. Sgt. George 1Wigen accepted a business partner award on hehalf af the Valley I'olice Departnients Job Shadow progFUn. South Pi.nes Schools annual school canvval wws held May 13. Valley Police Department Crime Prevention llcputy Greg Snyder and SCOPF volunteer John Baldwin staffed at both on behalf of the Spokane Valley Police 17epartmenl. . Page 1 OPE•1tATlONS: A hricf budget upclate: at flie end of Vlay, our budget expenditures should be around 41% of our total projected budget. Overall we are running as expected i.n most catcgories. There are a couple of areas of concern, one beine our total overfime is slightly lugher because vf a couple of major incidents that have occurreci in the Spokane Valley. We are also ruruiing through our fuel budget at a more rapid rate than expected, due to higher fuel cosCS. We will bc watching these areas with interest. Windmill Blocks East Sprague A special heavy-duty-long semi-tractor and trailer broke down on East Sprague and fauled a block long lanc of travel until a part could be stupped in &om Soulh Dakota. "1 he southernmost lane of Sprague was blocked from Willow to Mullan Road. SCUPE Special Tncident RespUnse Teams (SIR1) prnvided traffic control until county engineers erected signs arid barricacies. Officers Nab Valley Burglar A rnan who told officers he was tired and loaking for a warm place to sleep was arrested and bookcd into the Spokane County Jail an a charge of Second Dcgree 13urglary. Offcers discovered the man hiding bcncath a vau at Big Boys Tnys, 6708 E. Spraguc. Officers had responded to a911 call. Officers discovereci the man was also wanted on awarrant charging him with F4urth Degree Domestic Violence Assault. O:fficer Sean Walter booked hiin into jail on bn[h charges. Officers Nab Acquaintance Burglars , A Spokane Valley woman arrived home and discovered her entry door kicked in and twv . acquainlances carrying tter belongings out to their car. The 36 year-old victun called officers to the apartment camplex at 12111 E. 1Vlansfield when she discovered the two suspects. Officer Walter Loucks was che first to respond and bumped into a suspect. That suspect toolc af running with Loucks iu foot pursuit. With the help of a second officer, the suspect was taken into cusiUCiy. 1'he second suspec[ was dQtcrrni.ned to have run westbound. K-9 officer Bob Bond and his parlner "Shrek" lraeked that suspect westhound past Spaldings' `Vrecking towarcls thc I-90 Argonne area; Uepuly Travis Har►sen was able to contain the west esc.apE ryute anci arrest the tired suspect. Bath suspeets were liooked inCo lhc Spokane County Jail on eharges of Residential Burglary ancl other outstanding warrants. The suspect car was seizcd in anticipation of a search warrant to recover the titolen itcros. Fleeing Felon Creates Afternoon Havoc An armed 26-year old man fleeing froin pursuing police crashed inta an tuninvolved motorist at Boonc acid Locust, sending both vehicles spinning and bullets ajid methamphet:arnine skidding across a lawn. `I'he incident began when a woman living in the 500 block of North Sommcr Koad called 911 and reported that her e,c-boyl'riend had pointed a rifle at her head and tTied to force her .into his car. Tfie woman was ahle to break frce and call the police. She alsn lold them tllat the same boyfricnd had sllot her last month. Valley Policc were able to generate leatls ancl Deputy Lee 13ates located the suspect car aiid a i pltrsuit with speeds over 70 mph ensued. t1 number of other afficers responded into the area blocking intersections. After tlie crash, both drivers were trapped in their vehicles and were ' Page 2 extricated by Valley Fire. The suspect's pistol-grippea rifle was located in the frnnt scat area of the suspect vehicle. The suspect was arrested for a fclony count of Firsl Degree Assault. Additional ~ potential felony charges are pending, and investigations are continuing. Case Closes Bank Briefly A suspicious briefcase left in the lobby of the Wells Targo Bank at Sprague and I7artmouth caused an evaeiiation of the business and tied up Spokanc Valley Police for about an hour and a half. Officers were called to the bank by ecliployees when they discovered lhe briefcase, but were unable to dctermine an owner. Bank officials opteci to evacuate the business and the Spokane County/City Explosives Dispo$al i.Jnit was called to the scene. Corpnral Mark Fox donned a spccial protective suit and x-rayed the briefcase. I-Ie dctermined there was no explusive ctevice inside. When officcrs opened the briefca,se they deterrnined it was owned by a 60 year old Spokane Valley woman who is a bank customer. Officers deliverecl the briefcase to that woman. . Page 3 \ 2005 MAY CRIME REPORT May-05 May-04 2005 to date 2004 BURGLARY 71 81 324 997 FORGERY 37 24 201 465 MALICIOUS MISCHIEF 83 142 372 1,224 NON-CRIMINAL 63 109 310 916 PROPERTY OTHER 103 157 540 1,665 RECOVERED VEHICLES 23 24 131 390 STOLEN VEHICLES 50 47 209 577 THEFT 202 276 943 2,853 UIOBC 0 0 3 10 VEHICLE OTHER 0 8 4 40 VEHICLE PROWLING 76 110 400 1,382 TOTAL PROPERTY CR!lV1ES 708 978 3,437 10,519 ASSAULT 85 80 352 880 DOA/SUICIDE 11 21 60 164 DOMESTIC VIOLENCE 76 64 356 755 HOMICIDE 0 2 0 5 KIDNAP 4 0 15 24 MENTAL 38 39 191 386 MP 10 12 42 106 PERSONS OTHER 124 142 556 1,624 ROBBERY 7 6 26 58 TELEPHONE HARASSMENT 3 20 49 ' 190 . ' TOTAL MAJOR CRIMES 358 386 1,647 4,192 ADULT RAPE 4 2 13 37 CHILD ABUSE 13 10 52 126 CUSTODIAL INTERFERENCE 8 19 33 205 SEX REGISTRATIOPV F 0 0 3 4 INDECENT LIBERTIES 0 3 2 21 CHILD MOLESTATION 9 9 29 77 CHILO RAPE 2 0 17 30 RUNAWAY 33 35 158 437 SEX OTHER 29 13 81 162 STALKING 2 1 8 35 SUSPICIOUS PERSON 23 32 109 341 TOTAL SEX CRIMES 123 124 - 505 1,475 DRUG 63 122 369 999 ISU OTHER 0 0 1 TOTAL ISU 63 122 369 1,000 TOTAL TRAFFlC REPORTS 167 322 917 2,776 TOTAL REPORTS RECE/VED 1,419 1,932 6,875 19,962 , . _ ~ Joa6 br Ac 5ansu Fo ~ cm LL II0 `.l y r~,l ' n yL v ~ erick Miratsau ~ Eucllfl ~ fd `raye ' ' ~ - - _ ~-W-,: : -',~;,~.~~J - i M - r~ 1'~ O0X- itino►r~ ind~ena ~ ~ ~ ~ K : 90 581011, Cats o J ~ ~ ~ ~ ` i _ : ~ n, ~ ~ • - ina a: t 4 6~ _ - ' . - ~ - ~ - ~ - N 8m & pln,_ r~;; _ - ~ ' a a , y , U. 18th t ° ~ , a ! 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Mirsbeau ~ ~ ~ EuUid ~ utdd ' 6 es ~ . i,~ r ` _ - ~ ~ ~ . ~~t • ann Indiena fldla c 1. ~ i< s ~ - S ~!S m ~ li OI ~ CEta O ~ B r > l._ 1V n ; ~ t : ' ~'t~'~,- - .:l~'~ °~r I _.~~rl - ~ _ _ ~ L.-► C I . zno - - _ ~ ~ r.--.-- ou. N = r ~u~----- r r--•-~_~r.i~ T-- : J p 4-1h A~ yCY _ anem ~ ~ " ` ,'Y!ta: ~ ~ I•' 2~a mm ~ 2aur- • ~ v ~ ~ Jenn Q ~ ~ ~ -r•---*--~t. ~ ~ r-. V 32nt] _ 315t _ I w r~ 40th N , ~ G0IRIII~R1/I I ~ ie Teffi surolurv 44 w 0 um ' _ ' ~ f ;4 1 O n ' M LQW r` ` t ~ ~ J • Y v =Medium ~ ~ 5I 57n, " ~ M High ~ ; 2005 May Commercial Burglary Hotspots MaP P►aduted- 8 .June 200 i ~ k Jo ae e ~ SanGo f~ s Ptitt Y r m o r^ ~N3u3 t • - riCk - -~~,5 , - ~_uic►yoy, • - ~ Buppce e - . ~ M ~e - I r'~t l~ tjwus nOx~ f~ncrt-~'11►dlBne ~ 1~"~ aia e s3on i.. u'~. Shalp . - _ _ + • ~G `~41 s ~ • ~T~ I .~F_- ~ Cat3~ O m Br m " ~ _ ~ • ~ x: ~ _ c_ ~ - ~r-t. cm _ ; - n m rt - ~-~;L_.i. ~J•! . . _ tird I ~ , _ ~ ~ i ~TI ; N sth s - - w -.1 18 t C?- 17to, - teth , ~ uii-a ~ , 1st 21~t 24MI` 25th ~ ~Q ~ - • ~~r ~ ~ ~ ~ 132W _ 31st ~ I,C ~ ~ In s ir ~ - - 40th ' Ite Te ~ P4 4 $1 ( t Set V 44 4btp ~ _ LOW ro MMedium \J~th ~High '--1 _ 2005 May Residentiel Burglary Hotspots MmP P^oduced 8 Juna 2005 ~ ~ C5 ;"~@ i Spokane Valley Fire Ocpartment 2005 Response tnformatlon for Clry of Spokane Valley I (MCIDENT TYPE Year to Date Jan Feb fAarc April May June July August Sept Oct Nov Dec 11S Struciure Fire S1n tu Res onse 101 19 17 27 17 21 11-F Structure Fire 40 8 10 11 6 S 11-W Workin Fire 13 5 1 A 3 0 13S Vehicte Fire 33 8 7 8 2 8 144.lH Brvsh Fire-Low 26 1 2 9 4 10 16S Trash Fire 3 0 0 3 0~ 0 18S Ahirm S stemSin le Res onse 26 7 5 S 3 S 18-F Alarm S stem- FuU 149 42 24 28 28 27 31-A16 BLS EMS Alarm 1086 259 201 217 206 213 31~JD ALS EMS Alarm 1306 286 246 282 256 258 31-F 2nd alarn EIASRAass Casual 0 0 0 0 0 0 35-F Extrieatian 3 2 0 0 0 1 38-F Water Rescue 1 0 0 0 0 1 • 37-F Tech Rescue 0 0 0 0 0 0 404 Hazmat InvcsU atEon 27 3 9 5- 6 4 40-F Hazmat Full Res onse 2 1 0 0 0 1 , 46,AlB Auto Accident - Unknown In'uries 238 56 38 48 44 51 ' . 46-CfD Auto Accident - Life Threats 1B 3 4• 3 3 S . SflS Service Cafl 64 15 14 5 2 18 MONTHLY TOTAL 3135 715 578 636 580 626 i\ . • _ . : sookane PUBLIC WORKS DEPARTMENT ~ V"AUey MONTHLY REPORT May 2005 Agreements for Services Adopted and in Operation: • Street Maintenance - County Street Maintenance Interlocal Proposed Contract Changes for 2005: o in 2005 Contract, propose to delete reference under'Basic Services' that work be done as customariiy done by the County and add that work be as direczed by the City. o More detailed definition will be developed to the list of activities. • Engineering Services Support - County Engineering Interlocal • Street Maintenance (Pines & Trent) - WSDOT Interlocal • Solid Waste - Regional Solid Waste Interlocal Wastewater: • Wastewater Treatment - The end of January the City received from the County financial information regarding the County's sewer utility as it relates to the assumption of the County owned sewer facilities. • Spokane River Use Attainability Analysis (UAA) is available on the UAA web site at httl?:/Iwww.spokanefiveruses.net/links.htm • UAA/TMDL meeting is scheduled for May 23, 2005. Capital Projects: Planning Projects ~ o Valley Corridor Project Received one response to RFQ for environmental assessment of the Valley CorHdor project. CH2M HILL was selected and a scoping meeting was held. We are currently in the process of finalizing phase 1 scope of work and negotiating fee. Continuing to work with SRTC on regional traffic model. o Project Grant Applications Developing list, scope and estimates for Enhancement and Safety related projects in preparation for federal call for projects under these programs. Developing projects scopes and estimates in preparation for TIB application submittal by August 31, 2005. Construction Projects o Pines/Mansfield, Broadway Avenue Overlay, Arqonne Road Overlay, and Dishman-Mica Road Rehabilitation The project is still on hold waiting for release of federal funds. New project schedules will be developed once funding is approved. o CenterPlace Work on CenterPlace Project continues with most of it centered on the interior. Flooring in the kitchen is complete and the installation of the kitchen freezer and refrigerators began. The flooring in the great room has also started. Contractors are installing the wood trim and chair rails in the respective rooms and are constructing the display cases in the entryway. The quality continues to ~ be consistent with industry standards and the project continues to be on schedule. The paving of all of the parking and traffic areas has been completed and installation of sprinkler systems is in progress along with the planting of trees and shrubbery. 0 8th Avenue Overiay Project Preliminary engineering complete - Bids due June 24'" ~ • Montgomery Avenue Rehabilitation Project Preliminary engineering complete - Bids due July 1st o Barker Road Project Project being designed - 90% Design Complete. Construction has been delayed until 2006. Right- of-way acquisition is in process. Project will bid late 2005 or early 2006. o Barker Road Bridge Project Contract for Type, Size and LoGation Study is almost complete. Study is schetiuled to be complete September 30, 2005. . 0 16th Avenue Proiect Projec# Complete o Park Road Proiect 2" lift of asphalt and striping remain (Late July to early August). Project open to traffic. o Sherwood ForesUMica Park/Johnston Sanitanr Sewer Project Construction began May 16'h - Mainline sewer 30% c4mplete o Inland Sanitary Sewer Project Project being designed - Late summer bid o Parks Road Sanitary Sewer Project . Project awarded to Norms Utility Contractors - waiting for preconstruction conference o Edgerton Sanitary Sewer Project Project awarded to ACI APPEX Construction - Mainline construction to begin June 15th. o Orchard Avenue Sanitary Sewer Project Project awarded to ACI APPEX Construction - waiting for preconstruction conference o Carnahan Sanitary Sewer Project Construction began March 21" - Mainline sewer 100% complete - Asphalt placement to be complete mid June County Maintenance Activity: ~ City 2005 budget is $2,405,394 ($1,569,292 in the Street Fund and $816,102 in the Stormwater Fund). Through the end of April the County has billed $591,009 for Street Maintenance and $486,554 for Stormwater Maintenance, these total $1,077,563 or 44.8% of the budgeted funds. Land Development May Activiry: NEW APPLICATIONS COMMERCIAL BLDG PERMITS SIZE/Description J o Mather Espresso Stand 860 s.f. o Grady Lane Dry Storage Dry RV Storage o LaLozy Espresso Addition 220 s.f. addition COMMERCIAL BLDG PERMITS SIZE/Description ~ o Granite Building - Paving Addition 43,674 s.f, paving o Granite 8uilding - Building Addition 4,000 s.f. addition o Middaugh Mini-Storage 13,000 s.f. mini-storageloffioe o S& P Meats Oven Addition o University City Parking lot Improvements Update parking lot o Springfield Office Building 27,932 s.f. office building o Spokane Industrial Paric (Bldg 100-102) 60,348 s.f. building o Spokane Industrial Park Bldg 1 756 s.f. roof cover o Valley Green Apartments 24 unit apartment bldg o Nott-Attwater 15,120 s.f addition o Ash Grove Cement Addibon 2,380 s.f. enclosure o Spokane Shed 7,200 s.f. building o Avista New Ioading dock BINDING SITE PLAN APPLICATIONS REZONE APPLICATIONS o Bachellor Rezone UR 3.5 to UR 22 o Toliver Rezone UR 3.5 to UR 22 o Klein Rezone UR 3.5 to UR 7" SUBDIVISION APPLICATIONS o Felts Addition UR-3.5 to UR-22 and subdivision of 16 lots o Ron Lynn Addition Time Extension Request a Strawthers Addition Time Extension Request SHORT PLAT APPLICATIONS o Toliver Short Plat 3 Iots FINAL PLAT APPLICATIONS o D-1A Plat 11 lots o Janke Addition 10 lots , o McManus Short Plat 4 lots OTHER MAJOR ACTIVITIES _ SPOKANE COUNTY PROJECTS o Timberlane Terrace 200 lot subdivision o Remington Hill 3 101 lot subdivisian COMMERCIAL PRE-APPLICATIONS MEETINGS o Fobes Youth Center 7,000 s.f. youth center o Central Valley School District Classroom additions and portable classrooms o AM Hardware Addition 2,270 s.f. addition o Cornerstone Church 20,000 s.f. church o McVay Building 15,100 s.f. addition ..%o Tschirley Manufacturing & Office 120,000 s.f. manufacturing/office 0 S`pokane Va.iley Capital Improvement Projects 2005 PROPOSED PROJECTS Road Construction Projects Project Location EsUmated Qesign Construction 2005 Total Projoct Completion Date Complete Complete Funding Cost ' ParEc Road - Project 2 8th Avenue to 2nd Avenue 311105 100% 859'0 $ 821,000 S 972,000 ' 16th Avenue - Project 2 Dishman-Mica Road to SR 27 5/31/05 1009b ' 100% $ 1,932,000 $ 3,302,000 " Baricer Roac! Reconstruction Boone Avenue to Barker Road Bridge 10115105 90% 0% $ 1,150,000 $ 2,998,200 " Dishman-Mice Road Rehabilitation Sprague Avenue to Appleway Avenue 811/05 0% O% $ 49,400 $ 57,100 " Argonne Road Overlay Indiana Avenue to Montgomery Avenue 911/05 0% 0% $ 274,000 $ 316,690 " Broadway Avenue Overlay Bates Road to Sullivan Road 811/05 0% 09'0 $ 703,000 $ 812,700 Montgomery Avenue Rehabilitation Univcrsity Road tti I-90 on ramp 9/1l05 100% 0% $ 439,850 $ 439,850 8th Avenue Overlay Farr Road to University Road 9/1105 104°r6 0% $ - $ 270,000 Road Design Projects ' Pines/Mansfield Pro}ect Wilbur Rd. to Pines Rd., Pines to 190 1011P06 09'o g% $ 620,0D0 $ 3,134,000 ' Appleway Avenue ReconsUuction Tschirley Rd. to Hodges 12d. 1011l08 0% a% $ 166,900 $ 3,197,000 8arker Road Bridge Replacement Barker Rd. at Spokane River 12/1/08 0% 096 $ 702,000 $ 8,057,615 Sewer Projects Camahan I-90 to 8th, Havanna to Eastem 7/1/05 100% Ja% $ 2,569,000 $ 2,569,000 Sheiwwod ForesUMica ParklJohnston Appleway to 16th, Siesta to Woodruff 911104 100% 25°k $ 2,570,000 $ 2,570,000 Inland Broadway to Sprague, I-90 to Park 811l04 90% 0% s 660,000 $ 660,040 Parks Road Trent to I-90, 7hierman to Park 1011/04 100% 0% $ 1,445,000 $ 1,445,000 Edgerton Utah to Trent, Elizabeth to Park 10I1/04 10°r6 5% $ 2,503,000 $ 2,503,000 Orchard Avenue Spokane River to Liberty, Coleman to Vista 1011104 100% b°k $ 2,895,000 $ 2,885,000 Miscellaneous Valley Couplet $ - $ - Centerplace at Mirabeau Point ConsUuction in Progress 8l05 1009'0 90% $ 9,500,000 3 9,500,000 Total $ 29,000,150 $ 45,699,065 ' Statewide Transportation Plan (STIP) " TransRortation Improvement Baard (TIB) 8ndge Replacement Advisory Committee (BRAC) Community pevelopment Block Grant Proyram (CDBG) City Funds CopyV,iS Construction Projects May Spolcane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley May 2005 : . Customer use measures, District-wide Use measures have continued tA become more positive a.s the year has progressed. Materials ci_rculatYOn,, which at the End of the first quarter was down 496 from last year, is now down just 296 year-to-date. Li.bra.ry visits arc up 4%, campared to the 1% year-ta-date drop at the end of March. In other types oF use, reference inquiries are up over 20%, meeti.ng room baokings 17%, and computer bookings 196. The only area wikh a decreasc is pragramm.ing: year-to-date attendance is down from last year. - `I'ech.nology-basecl services continue strong. I7al•abase searchcs are up 4% and retrievals by 155%. Customer placed holds are up 14% fi•am last year. , Wc hacl 104,863 registered customer.s at the end of May; 74% are adult and 26% youth. Library resources, Distirict-wide We've not only reached equilibrium, we re now purchasing nlare materials L•han we're discarding! , `["his year's net callection siLt increase as of the end of May .is 12,076, far a total collecl7on size of 399,198. Year-to-date we've added 34,105 print (other than periodicals) and nan-print items and withdrawn 22,771. Of thc total collectian, 55% is adult materials and 45% is youth materials. Customer use measures, Greater Spokane Valley As with SCLI) as a whole, thc drops in Valley circulation ancl samE other use measures are lessEning as the ypar moves fo.rward. Valley Library's door Count is up 10% hom last year and meeting room bqokings are 88% h.igher. 1 here are 35,462 c3rdholders registered at Valley Library, 9,446 at Argon.ne and 5,512 at Otis Orchards. 76% are adults anci 24% youth at both Valley and Arganne. pds Orcharas has the highest youdl regislration in the District-34%. Library resources, Greater Spokane Valley ' At Valley I,.ibrary, the total matcrials collection is 170,736 items, 4% higher than last May. Thus far in 2005, 4,680 new adult items and 3,967 youth itEms have been added for a total of 8,647 irems-25.35% of the Di.slricti's total. Additions at llrgonne were 2,317 a.nd at Otis were 2,121„ totaling 13,085 new materials in close proximity to Spokane Valley resiclents, 3$.36°r6 of all District addirions this year. Of course, thraugh on.line holds and daily interbranch courie_r servicc, all 34,105 new items are easily accessible. - . , Page 1 of 6 , Selected May 2005 Stadstics CirculatiQn I.7aor caunt ReFcrencc Program Softwaze Station In uiries Attendance 13ookin s ' YTD YTD to YTD YI'D to YTD YTD to YTD YfD to Y'1'[7 YTD to 2005 2004 2005 2004 2005 2004 2005 2004 2005 2004 `I"otal , SCLD 752,129 -1.896 384,168 + 3.6% 724,044 + 20.7 96 21,210 - 7.9% 76,640 + 1.4% Valle 205,543 - 5.5 ro 1(}9,459 •i• 10.0% 32,976 - 3.6%u 4,462 -15.0ro 24,310 - 3.396 Ar onne 47,632 - Ei.9% 3'1,553 - 4.3% 4,724 - 9.7% 597 - 20.0% 6,415 + 15.54b Otis I 37,41.9 - 6.5% 18,792 -1.2% 3,081 - 2.3% 606 - 47.7% 3,537 + 2.39b SuUtotal 290,594 - 5.9% 1.59,803 + 5.496 40,781 -4 3'o 5,G65 - 2U.$9~ 34,262 - 0.396 % SC[.Ia 3$.6% 4"L6`'o 32.9% 26.7°w' - 44.7~ - May Registered Customers by Branch af Registration 2405 Total °/u of SCLD Y1D Change 11/0 Adult % Youth Frvm 2004 Total 104,863 - 4.3% 749K 26% SCI..D ~ Valle 35,462 33.8% - 6.09b 76% 24% Arganne 9,446 9.0% - 7.5% 76% 24% Oris 5,51.2 5.3`'0 -6.09b fiF°,~ 349f, Subtatal 50,420 48.1%• - 6.345 - At branches serving Spokane Valley residents... Summary (EIlert Miller, regiortctl tnanager): Preparalion for Summer I2ead'u1g was to havc been the focus of the month; however, the kransfer of staff resulting froin the crcahion of a new position in Colleckion Services tvok .f.ront stagc. Wc even had lhoughl• l•hat the long-awaited upgrade of our library autamation syst•em and the new Website design wolild be the feature event this month; however, it went so smoothly that, wonderful though the changes are, therc was very little im.pact on routine service pravision. May is a typical "slow down" month for the year but a camparisnn to Yfay 2004 shows an inrrcase at all Reginn II libraries except Argonne, with the ArgonnE Bridge construction a contributinK factor. In[orniation scrvices/Adult services (Karen ByntE, outgaing regiarral supervisvr; Stacey Gaddard, inconritrg regional srtpervisor): With Karen moving tQ Region I: and_ 5racey's promotion, the lwo spe.nd much t7me debricfing ~ind working together to make the tTansition as sma4th as possible. In other activities, thcre was a"Plant a Pohato" iVl:aster Gardeners" program that had attendanec of 22 ancl the movie prUgram attendance moved up to 'l5. Karen assistea with shelving plans for the Argon.ne L,ibrary remodcling. Youth Services (Mary Ellen Brcaks, regional supervisor): Maxy Ellen schedulcd school visihs to promote the Summer Reading program; 20 schools are current(y scheduled. The May A.fter 5chool - Spec.ial on fo(.k l•oys tivent well, with the kids having an opporl•un.ity to make their otim to hake homc. Cn Summer Reading plannutg, there's an exha teen program ("Sisterhood af the Travel.i.ng Pants") ['age2of6 plan.ned; volunteers havic eut aut 3000 erowns for tl-ie kids who fuiish the prog-ram; anci branches are decorated for Su.m.mer Reading. WEeding contanuEd throughout the region, facused on the teen cotleetion,, and sE4rytimes cnded the 2nd wcek of May. i - Valley (T:'llen Miller, regiorxal tnanager): Va.lley was overflowing with teen books so it was the pErfect time to weed. F.inal plans were made for the carpet inset in the Valley meeting room. The vinyl wall covering was selecl•ea; by the end oF Ju.ne thcre should be a more exciting area for children's programs just in time [or our Summer Reading activities. 'l°he 30 ntw chairs for the branch arrived. They look great and are very sturdy ar1d fit i.n with the rest of the woad chairs quite niCely. Plans were finalized for the Ice Crea.m Sorial that will l•ake place in June as part of the 50'h Anniversary celebration and the change of the n-ime of the branr-h ta Spokane Valley Libraiy. The signs have bEen removed from the building, the holes patched, and the touch up painti.ng cvmpleted. Early i.n the month, how to vote in the library district annexation eleclion was the big question at the circulation desk. Staff did an excellent job of providing quality scrvice wikh a smile as they offered flyers and facts and no answers on how to vote. A fcw customers had a hard hime understanding why we cotildn't pive them an opinion, but most understood why our position needed to be neutral. tlrgonne (Judy Lreck, branch supervisar): 'C'he ariwork in the ch.i.ldreri s area is from Orchard Center Elementary; there's borh an aciult travel display and nne for children as well, fealu.ri.ng state books, travel games, and picl•ure books about airplanes anci h-ips. Storykimes ended an May 11; through the rest of the month thPre were enough children on Wednesday mornings to still have them, but parents a.nd grandparents stepped up and read to their own kicls! Ofiis Orcharcis (Bev $ergstrorn, brunch strpervisor): Bev participated in the newly formed joint book carh dxil.l team and raced l•hrough the Lilac Parade. "I`here werE 11 creations fram our May Creativity Kits on d.isplay. The painting of the old Otis Orchards elem.entary school that has hung in the library since it opened in 1990 was re-moved by its arlist. Outreach (Atrnette Fberlein, sttpervisor): One quarter nf our child care packeh inventory has beett updated with newer books. A collecdon of eighty DVD af older classic films was acquired, includ.ing m4vie,s wilh stars like Ingrid f3ergman, Spencer T'racy, Katherine Hepburn, and Cary Grant-a wElcnmed addition for scnior Customers. There were l•hxee instances of a seamless transFer of customers between SCLD Outreach and Spokane Public I.ibrary Outreach. The Fairfield area new5paper highlighted the volunteer activities of the Good Sa.maritan Facility and the role the Oukreach Department• and Fairficld Branch play in their reading and library group. 'I'his month's quolP (from a Eacility visited: "I find television very educatioilal. '1`he minute somebody tuuns it on, Igo to the libra.ry and read a good bnok." - Groueho vlarx Friends of the Library: greater Spokane Valley Vulley: °1'he Friends were very surprised when a plain wh.ite cnvelope was dr6ppEd into the outside book rehun and upon opening it, the staff discoverrd the stolen chccks from the .Friends•' book sale. The polic:e wcre notified and the checks were picked up ta be "dusted far finger prints." Argonne: "1'he Pricnds held its monlhly mc:eting and discussion centerea on the bylaws and the Baqk 'n Bake Sale coming up the firsl' week of Ju.ne. They a.re working haxa to eollECt danations, both bapks and baked goads. , Friends of the Library: other Disirict Airtvay Neights: Thc Friends confirmed that undeliverable bnoks wi.ll no longer be availablc hom the Postal Servicc for their book sales. , Deer Park: Butiget items to'support 5pokane is RPaciing and ascholarship for library technology program students were approved, and the decision was made for a June baak sale. Page 3 of 6 Fairfield: 'ChP Friends popcorn and water salE at thc Farm Chicks antiquE salE had mixed eeviews. Saturclay was a produc,tive day, allhough nol i-nuch water was sold, okher vendors thought of selling water too. Su.nday, l•he Nriends harclly'sold any popcarn at all. 'C'he quilt raffle was a definile suceess. " The Friends are meeting the first Thursday in June. ' Moran Prairie: The Frie.nds met twice during the month. rirst was to make final plans for the Book Sale in June. The.re will be more than just books: members are puthing to$ether theme baskeYs to raLfle and wil.l have dozens and dozens of lilac starts taken from the building site before const-uckian began. Second was to amcnd the Articles af Incarporation so IRS papcrwork can be submilt•Pd. • • I ibrary materials ■ Ordered 2,298 titles and 6,899 copies in May. ■ ProcessEd and sc.nt 7,043 items to branchcs; 5,201 items werc dEleted. ■ Created a new label ta state the replacement cost of audiobooks and kits- those items with very high cASts-in an effort ta encoui•zge customers to take belter care of l•he.m. ■ I'laced more large ord.zr.s for Iarge prinr books and for audioboaks ciue ta backorder sales from our vendors. . ■ 3,310 youth items ord.ered for Nloran Prairie sinee January; avcr half of the total number planned. Yrogranuning ■A11 Sununer fteadulg printed n-iaterials were distribuled. - •Adult proprams included For the L.ove nf Movies and computer kraini.ng classes at North Spokane and Valley. . tnterlibrary T,oan - We borrQwed 277, ilenis for oux cusl•omers and lent 271 ilems to other librarics. We've borrowed and Ienl alniosl exactly lhe same number of items year-to-datz. Other • Ft. VanCouver Reg-ional Library staff visil•ed the deparhnent to t-alk about collections and use of Un.icorn in callecdan and teehnical serviceti work. ■ A San Jose StRte University library sChool stucient began a su.mmer directcd fieldwork projeet with youth scrvices coordinator Thom Barthelmess, durutg which she'11 focus qn teen services, particularly the Moran Prairie leen collec:Non, and participate in the Cluc-Done-lt programs. a 7hom was involved in bringing up the new SCT D Website, spencling many hours building, editi:ng, and pro ' ofing baQklist~s and Web picks for the .Kids and Teen pages. ■[.n m.id-mo.nlh the new adull colleckions & services librarian position was filled thraugh a transfer and the former collection seivices libraria.n m.oved to Region I to a reference librarian position. .DMINISTRATIO Organizational changes . Ta bett€r providE 3clEquate staffing for ccntralizcd adult serviCQS Functions i.n the Collectian ServiCes departnlent, I created a new adult Collection and services l.ibrarian position that has primary responsibility for adult materials selection. At the same time I elintinateci another lawer-fevel librarian position in the same department ancl reciistributed its duties elsewhere i.n llle departrnent. `Che new posil•ion was Filled through a transfer and several othEr staff were transferred l•o % accommodal•e resu.ll•ing needs. ']'he employee holdin$ the climinated posidon moved to a referenCe libraria.n slok. There was no increase in the nwnber of position FTEs. 1'agc; 4 aF 6 Due lo public service tiesk scheduli.ng, many of the transfers are being phased in and won't be fully eompleted until Jttly 5. 2005 Legislative Session The Govemor has now signcd all of l•he bills that had been includeci in your updates as passing both the House and Senate. I be.lieve that most i.f not aIl become law on July 1. Attorney General Opinion At the request of thc Public Disclosure Commission, the state's Attorney General issued a formal opinion (AGO 2005 No. 4) related to an exceptian in :tZCW 42.17.130 that allows an elected legislative body to take a position on a ballot proposition. Apparently there had been somc quesCions rEgarding the defi.nition of an "elecfied legislative body" and "legislative." The opiniqn reconEirms our I.ong- held belief thal• a library district boazd of trustees cari t takE a pasition on a ballot issue bec3use it isn't elected. However, by the adclition of rhis definition of "legislative;" the elected boards of school, fire, and other special purpose districts are sim.i.larly prohibited; I believe that this is something new. New Moran Prairie Library Sever.al issues arose with the Moran Prairie Library conslruction project during May. Many of them related to obtauung the builc:ling permih, whi.ch ended up laki_ng much more kime than expected or was reasonablc, involved a Few surprises about requirements, and was a very unsatisfactory process frnm the l7istrict's point of view. One of the build_ing pcrmit issues-thE apparenh requircment for a six-faot solid fence on two sides of the propErty -is stYl.l undEr discussion. Then due to the wor.ld.wide eement shortage, there were de]ays in deliveries of concrete for footi.ngs and fnundation walls. As of the end of the mdnth, the project was about ten days bchind schedule. City of Spokane Valley annexatiion to SCLD , 'C'he Spokane Valley annexation to SCLD was certified on rViay 27 with an 86.6% a_ppraval: 7.3,966 yes val•es and 2,165 no votes. 1'his is onc of the highest library district annexation approval votes i.n state history according to the Wash.ington State Library. ThE CityAf Spokane Valley joi.ns ovEr 150 other Waslungton cikies that have annexed to the surround_ing library district. The annexal•ion will bt effective January 1, 2006, returning liUrary service provision for city residents to its prc:-incorporahion status. Grant award SCLD and the tiledic:al [akc School Uistrict were awarded a$2,000 mini-&rant titled, "Picture This: WASL T..iterary Term PracLiCe fpr Secondary Students with Ficture Books." Tt wial .fund the purGhase of five packets of ten picture Uooks rhat dcmon.strate ]iterary terms as practice for lhe WASL reading test l•hat will be available to students next fall. A brochure and Web page will also be created. We'1.l select, purchase, and process die bvoks as well as handle the production of the brochurc. Miscellaneous ■ 7'he 17istrict's long-time bond counsel, Roy Koegen, wil] be leaving t3ie Lukins & Annis law firm in June to establish :Koegen Edwards, I:,LP. WE ll cvnti.nue to use Mr. Koegen's services through his new firm. ■'C'he joint Spokane I'ublic Library - Spoka.ne County Library District Uook cart t1riI1 team participated in the rainy Lilac Festival parade last Saturday, had agreat ki.me, and received a rousing rr• ception from onlookers. Page 5 nf6 OFESSIONAL AND CO Spokane Valley Chamber of Commerce Government Affairs committee monthly meeting; Valley Chamber Spring cconomic update; annua1Women Helping Women lunchcon; Spokane Is Reading comnzittce mecting. . COMiMUNICATIONS . OMAVILINICATIO ■ Finalized SCLD 2004 Annual Report. • Continued to wark on Valley's 50th Anniversary "ice cream social." ■ Updated the old Website 5potl.ight and the new Website news ancl features sections. ■ Wrote and distributed a Summer Reading news release. HUMAN • ■ Rerruiting is currently underway for the collectian services manager position. ~ 11-tere were three employmEnt ternunations; two page positions were filled; two employces were promotecl; ancl Eive were transfe-rred to new work lacations or positions. ' ■ C'aul aCtended the a»nual ASSociation of Waslungton Cities Labor ltclations Institute and conducted a class on employmenl anti job seeking techniques for the SFCC library technician program. • At the Safety and Health Conunittec mceting; decisions were made not tn place defibrillators in libraries beeause lhey aren't needed and have the potential to increasc our liability, and tn replace current first aid kits with supplics that are more apprapriate for pur needs. . • • • ~ ' • Launched the new WEbsite and an upgrade to Unicorn on May 22. On the whole, thESe major upgrades went very smaothly. Customer comments have been mostly about the catalog although a few customers have coenmented about the Wehsite itsclf. The main comment about the Web'site is that it is slawer t4 load, which is true the (irsl• time a user connects. The graphics are cached so the site comES up more ciuickly citu-ing subsequent sessions. Cahalog co.mments have mainly been complaints about the changes i.n placing holds anci renewing materials. V1le are working to address these issu.es. • Set up new WebSonsc filter servers in conjunctiqn with the new PAC installation. ■ F'risCilla worked on b1rldA conferenr.e l'reasure-r wrap-up tasks and began work as WLA lreasurEr. , PURCHASING , . • Conipleted conversion qf alarm monitor seevices provider fro_m Si_mplex-Grinncll to F1llied Security, effectivc Junc 1. ■ Worked on laeating a temporary climatc controlled storage facility for l.ibrary materials for the netiv Mora.n Prairie B.ranch. • Received the new rord r150 4x4 maintenance truck, purchasEd through the 2005 Washingtan State GSA contract; sale of surplus 2001 Dodge Ram 4x4 is uncicrway. ■ Suspended employee deducCions for medical, ciental, vision and life insurance for one month to allow a c,ha.nge l•o paymenr for the actual premium month rather d-ian a month in advance. • Completed 2004 17is1•ricl Fi.na.ncial statements and farwarded thcm to the State Aud.itors office; continued to prepare 2004rinanc;i.al Statements for the Moran Prairie LCFA. ob/a9/0s miw 1'age 6 of 6 t Spokane Valley Planning Commission Approved Minutes Council Chambers - City Hall 11707 E. Sprague Ave May 12, 2005 1. CALL TO ORDER Planning Commissioner Crosby called the meeting to order at 6:00 pm Staff attending the meeting: Gregory McCormick, Planning Manager; Scott Kuhta, Long Range Planner and Deanna Griffith, Administrative Assistant Community Development II. PLEDGE OF ALLEGIANCE - The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac - Present Bill Gothmann - Present Bob Blum - Absent* Gail Kogle -Present John G. Carroll - Present lan Robertson - Present , David Crosby - Present ' Excused absence, arrived at 6:10 pm APPROVAL OF AGENDA Commissioner Kogle moved that the May 12, 2005 agenda be approved as presented. Commissioner Robertson seconded the motion. Motion passed unanimously. fV. APPROVAL OF MINUTES . Commissioner Kogle stated that her name was spelled incorrectly. It was moved by Commissioner Beaulac seconded by Commissioner Carroll that the minutes of the April 28, 2005 Planning Commission meeting be accepted as amended. Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS ' Commissioner Kogle stated that she had attended the Light Rail PVleeting and that they are looking to have a draft available soon of their plan. As soon as she is able she will get a copy for our review. ' Commissioner Gothmann stated that he had attended the Ciry Council meeting on May 10th, 2005. He stated they discussed the Full Width Paving Ordinance. . He thought that this issue should be part of the Comprehensive Plan.. Greg McCormick told him it was indeed in the Comprehensive Plan in the Apri128, 2005 Plannfng Commfssion hlinuEes Page 1 of 4 Spnkaise Vailey Planning Cammissinn Minutes Transportation Chapter. He said they also discussed the Greenacres Mloratorium Request. The Council has scheduled further discussion of this matter to June 7'h Study Session. Council stated that they would like to have the Planning Commission's perspective for the reason they recommend denial of their request. Commissioner Crosby reported that he, also, had attended the Council mesting. They had the second reading of the sign ordinance. They have scheduled it for further discussion in June. They have a few questions in regards to the time limits on obsolete signs and time limits. Staff is to discuss concerns about nonconforming signs which may need repairs or replacement. Commissioner Crosby stated more in depth the Council's concern regarding the North Greenacres iVloratorium Request. They question if the Commissioners had a copy of their plan when the decision was made for denial. It was at the Nov. 18`h, 2004 meeting that the recommendation for denial was made. Commissioner Crosby stated that at least a couple of commissioners will need to attend this study session in order to help the Council to understand the Planning Commissions decision. Commissioners Beaulac, Blum, Carroll and Robertson had nothing to report. VIII. ADMINISTRATIVE REPORTS Planning Manager, Greg McCormick wanted to remind everyone that we are having an Open House on May 19E", and June 1S` in the Council Chambers for , the Comprehensive Plan. We will not be accepting any public input at that time, but will have copies of the plan for people to read and plenty of maps for them to look at. Also, the joint meeting between the City/County/City Planning Commissions is on Wed. the 1 gcn IX. COMMISSION BUSINESS A. OLD BUSINESS: Public Hearinq: srreer Vacafron STV 02-05, for an unimproved remainder of Knox Avenue conveyed as right-of-way deeds and recorded under auditor's File Numbers 7504170236 and 7504170237. Planning Manager Greg McCormick presented the staff report on the proposed vacation. Commissioner Crosby Opened Public Hearing for • public comments at 6:25 pm Jeff Johnson, 130 W. High Dr.: Mr. Johnson stated he was representing the investor group, Fort Knox Investors, LLC, who are one of the parties requesting this vacation. Mr. Johnson relayed to the Commission that his group has made arrangements for this property to be developed into a RV/Boat Condominium storage facility. There was then discussion about how the property was to be accessed, . how it would affect the surrounding neighbors, why it could not be developed into viable traffic usage and how the public would have access to it. There are two access points, one to the north end of the property April 14, 2005 Planning Commission Page 2 of 4 Spoknna V;illey Placming Commissian Minutes behind Tidyman's and one that would access from the road that feed the 4 B's restaurant and the Super 8 Motel. Ken Scholz, 2119 N. Locust, 99212: Nlr. Scholz explained that his father originally owned the property and Knox was never a road between Argonne and Locust His father had planned to develop the site to build a house but it never came about. It was explained that the fire department had been to the site and has said that there is plenty of access to the property as far as they are concerned. Commissioner Crosby, seeing there was no more public comment, closed the public hearing at 6:40. Commissioner Gothmann made a motion that the Planning Commission recommends to City Council that a portion of Knox Ave. located west of Locust St. be vacated to the petitioners subject to the conditions stated in the draft proposal. CommissioniDr Robertson seconded the motion. Passed unanimously. B. New Business None X. FOR THE GOOD OF THE ORDER Commissioner Crosby wants to find a time solution for the Commissioners to meet with staff and go over all the chapters in the Comprehensive Plan in order to be better prepared for the upcoming public hearings on the Plan. Everyone will have hard copies by the middle of next week. Mr. McCormick and Mr. Kuhta explained that they will only explaining what is already in the plan. Because of the process there can be no changes to the Plan now. We will have the public hearings in June, the commissioners will discuss the changes and public input throughout the month of July and they will be taking the recommendation draft to the City Council on August 1e, 2005. It was determined that the Commissioners would meet at 11:30 to approx. 1:00 on the Wednesday dates of May 25, June 1s', June 8'h and June 151h. Commissioner Crosby requested that a list of ineetings be sent around to the Commissioners so that they could make sure they had all the dates. It was requested that an inquiry be made to the Deputy City Attorney, Cary Driskell, regarding whether or not it is appropriate for any commissioner, who is considering running for elected position with in the city, to remain on the Planning Commission during that time. ~ April 14, 2005 Planning Commission Page 3 of 4 5paknne Vulley Planning Commission Minutc,a XI. ADJOURNMENT There being no further business, the meeting was adjourned at 7:06 p.m. SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant David Crosby, Chairman April 14, 2005 Planning Commission • Page 4 0! 4 Spokane Valley Planning Commission Approved Minutes Council Chambers - City Hall 11707 E. Sprague Ave May 26, 2005 1. CALL TO ORDER Planning Deputy Commissioner Carroll called the meeting to order at 6:00 pm. . Commissioner Carroll will act as Chairman in Commissioner Crosby's absence. Staff attending the meeting: Marina Sukup, Director of Community Qevelopment and Deanna Griffith, Administrative Assistant Community Development II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. . III. ROLL CALL Fred Beaulac - Present Bill Gothmann - Present Bob Blum - Present* Gail Kogle -Present John G. Carroll - Present lan Robertson - Present David Crosby - Absent, approved _ J . APPROVAL OF AGENDA Commissioner Robertson moved that the May 26, 2005 aqenda be approved as amended, to provide explanation of 2 chapters in the Comprehensive Plan be discussed during StaK Reports Commissioner Kogle seconded the motion. Motion passed unanimously. IV. APPROVAL OF MINUTES !t was moved by Commissioner Beaulac seconded by Commissioner Kog/e that the minutes of the May 12, 2005 Planning Commission meeting be accepted as writfen. Motion passed unanimously. • VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Gothmann stated that he had attended the City Council meeting on May 24'", 2005. Discussion included the cut pavement policy and the street vacation of 15"' and Chronicle passed for a second reading Commissioners Beaulac, Blum, Carroll Kogle and Robertson had nothing to report. ~ April 28, 205 Planning CommissEon Minutes Page 1 ot 3 Spokane Vallcy Planning Commissian Minutcs VIII. ADMINISTRATIVE REPORTS Director Sukup went over the highlights of the chapters of the Comp. Plan that covered Housing and Economic Development. We will be covering chapters 6, Utilities and 8, Natural Environment. IX. COMMISSION BUSINESS A. OLD BUSINESS: Public Hearina (continued): Ordinance for the use and handling of critical material. Additional information and comments are being gathered, some of which was given to the committee this evening. We have a couple of groups that have stepped forward requesting to be involved in a discussion of this ordinance. Mr. Scholtens requests additional time to meet with these groups before coming back to the commissioners. It was moved by Commissioner Beaulac and seconded by Commissioner Kogle to continue this hearing to the Planning Commission meeting-on July 14, 2005. Passed unanimously. B. New Business Public Hearinq: Street Vacation Request STV 03-05 for a portion of Shannon Ave. east of Houk Street abutting Assessor Parcel # 45103.0505, 45103.0206, 45103.0208 and the Union Pacific Railroad right-of-way. Director Sukup explained to the commissioners that the petitioner is requesting this section of Shannon be vacated for the development of multi-family housing on these parcels. Considerable discussion followed to help describe the traffic issues that the future use . would create, would the street ever be used, no the abutting property owner never plans to allow that kind of right-a-way though his property. Whose responsibility would the extension of Mansfield belong to; Director Sukup thought it would belong to the City. Commission Blum is uncomfortable making a decision without input from the proponent. ' Commissioner Gothmann made a motion to recommend approval of Street Vacation 03-05 with the findings and recommendations of staff to the City Council. Seconded by Commissioner Robertson. More discussion in regards to use of Iand, easements, maintenance and the necessity of granting this recommendation. Commissioner Blum made a . motion to table this request to the June 9th meeting of the Planning Commission. It was seconded by Commissioner Gothmann, passed unanimously. It was requested that the petitioner be contacted and their presence requested before further decisions will be made. April 14, 2005 Planning Commission Page 2 of 3 Spokanc Vallcy Pianning Commission Minutcs X. FOR THE GOOD OF THE ORDER Commissioner Beaulac requested that we run throwgh the schedule for the coming weeks. It is as foilows: June 15t, 11:30 am, Study Session Council Chambers; covering chapters on Natural Environment and Public Utilities. . June 1s`, 5:00 to 7:30 pm, Comprehensive Plan Open House, Council Chambers June 8t', 11:30 am, Study Session, Council Chambers June 9t', 6:00pm, Planning Commission regular meeting, Council Chambers. _ June 15t', 11:30 am Study Session, Council Chambers . June 16t' 6:00 pm Comprehensive Plan Public Hearing, Spokane Valley Nazarene Church, 15515 E. 20'h. June 22nd, 6:00 pm Comprehensive Plan Public Hearing, Spokane Valley Community Center, 10814 E. Broadway June 23"d, 6:00 pm Comprehensive Plan Public Hearing, Council Chambers XI. ADJOURNMENT There being no further business, thE meeting was adjourned at 7:25 p.m. SUBMITTED: APPROV,ED: . Deanna Griffith, Administrative Assistant David Crosby, Chairman April 14, 2005 Planning Gommission Page 3 0! 3 Appcal Transcript 1 June 1.4, 2005 Cnuncil Mee/ini!, Closed Recnrd Hearioi! nn Apncals APP Ol-OS and AYl' 02-05 ; 2 3 Mrayor: Next on our agencla is a elosed record hearing with regarcl to appeals 01-05 and 02-05, and we'll 4 open the public hearing at 634. Mr. Driskell. 5 6 nriskell: Thank you Madam Mayor, mcmbcrs ot thc Council. This is a closed record hearing for thc 7 Council ta consider two appeals from the decision of the Hearing Examiner arising from the same 8 development applicarinn. Appeal # APP 01-05 was fled by appellant Steve and Barbara Hormel and 9 Tom ancl K.athy Tabbert, who are representing Ihemselves. Appeal APP 02-05 was filed by Whipple 10 Consulring Engineering, a consultant for the owner I?ennis Crapo. Mr. Whipple is represented by 11 Attorney ➢Vleg Arpin. This is a closed record hearing and the public will not be allowed to participate in 12 any manner whatsnever, only the parlies and COimcil will be alloweci to discuss this matter, however, 13 Council certainty haS the opportunity to ask questions of staff. 'I'here can be, obviously, being a closed 14 roeorcl hearing, no introcluclion of new evidence unlcss spccitically a motion is made hy one of the 15 part;ies. There are a number of motions mixcd in wit}l thc briefs on the merits on the appeal issues, and if 16 you have any questians on those, 1 can advise you as attorney for the Council. Mr. Hormel and Mr. 17 Tabbcrt will provide their argumcnt first. Ms. Arpin will respond, and then Mr. Tabbert and Mr. I•lormel i~ '~~~lx will then have an opportunity tn give rebuttal argument. Thero will be a tot~tl of 30 minutes for Mr. 19 Tabbcrt and Mr. Honnel including the rebuttal time, and a total of 30 minutes for Ms. Arpin. 'Che parties 20 have been instructed that Chat is a maxi.mum ancl t}iey don't havc to usc it all. Following ttie prescntation 21 of oral argumcnts, thc Council has the option of beginning deliberations ar taking the matter under 22 advisement. Tf you take it under advisement, staff will schedule time in the very near future for your 23 considcration. 1ao you havc any qucstions? 24 25 DeVleming: Mr. Ihiskell, who's gning to actually be the rimekeeper on this? 26 27 Mavor: 1 can do it or you can take aare of it. 28 ' 29 DriskelL• I wauld suggest thal sta17' . 30 31 Mavor: Chris 32 33 Driskell: meinber be a better position to do that. Sa, if need be I can do that. i • J34 APP 01-05 and APP 02-05 Cottncil Ttanscxipt Psge l of 23 Appcal TrHnscript• 35 TaY1or: Madan Mayor. I would just make a motion then lo have City Attorney, Deputy City Attnrney \ 36 Cary Driskell keep the time. _ 37 38 vlunson: Wonderful suggestion. 39 40 DcVlcming: No objections here. - 41 42 Mavor: Uk. '1°han.k you. 43 44 Clerk: Thert;'s a motion 45 46 Mavor: Pardon me? •There's a motion that we have iVfr. Driskell be the timekeeper, and do we have a 47 second7 48 49 Nlunson: Second. 50 51 DcVlemine: We have a metion? 52 ' 53 Mayor: You did malce a motion did you riot? 54 55 TaY1or: 1 made a mntinn;l moved. 56 . 57 1'Iavor: Ok, It's bccn moved and secondecl we have Mr. Driskell kecp time. All in favor sny Aye. 58 59 Councilmemhers: Aye GU 61 Mavor: Opposed? None? Ok, thank you Mr. Uriskell. Mr. Hormel, ifyou'd like to stcp f'orward. 62 63 HnrmeL• First of all 1'd like to thank Mr. DriskelL He's been very helpfuL I understand that this is the 64 firsi type of appeal that's heen before the Council and the Mayor, and we've had to walk ourselves 65 through some pmcedural voids, and he's been vcry hclpful in that regard. And, this is also the first time 65 I've ever had the npportunity lo work on a land usc sart of i-.;.sue. What I did is 1 filed two motions to 67 dismiss. Ancl what I would like the Council to do is incorporate that into my memorandum in opnosition 68 to thc rezone as opposed to hearing this matian, beeause I did incorporate them by reference, therefore, i AYP AI-US and APP 02-05 Council Transcript F'age 2 of 23 Appeal Transcript 69 i'll just oukline lhe Cour issues that are relevant to my appeal as opposed to hexring them as molions to ~,J 70 dismiss, beaause they are substantive legal issues so 1'd like the court - or the Council excuse me, Co 71 consider lhem in that Fashion as opposed tn hearing them Hs separale motions, which I think is more 72 appropriate anyway. 73 74 °1'he issues raised in the affected property owners' appeal is the appeal of the rezone decision that camc 75 down by hearing examiner Mr. Dempsey, and what he did he allowcd the rc7onc of the area, affected area 76 in the dispute, to go from a UR 3.5 tn a UR 7, and permitting an increase in the density of housing from a 77 total of 4.35 housc;s per acre up to siac houses pGr acrc. And, what Nve're claiming essentially is that 78 decision is wrnng according to law and according to the findings oF facts in that immeciiate neighharhood; 79 and what I would likc to do is address first of all, the applicant's opposition to our appeal and her 80 memorandum that was filed in that regard where it states that, frst of all, 1 thin.k the law's clear that the 81 applicant, the person who's moving for this rezoric, umm, let me back up. 1 want to tell you who Ian 82 first. Where I live is ai' 516 S 13arker Raad. Where the development is, is the next lot, I'm adjacent to t}ie 83 lot, which would be west of Barker Koad but nn Fourih Avenue down the road on Fourth Avenue, so ! 84 am, 1 am a properly owner that's an the border of tfiis proposed application, and this proposed PUD 85 application. So I am directly affected as well as the neighbors around me directly affected by a possible 8b rczorie that would affect in essence, the change and texture of our neighborhaad. So that's why wc're 87 here today to avoid that sort of change in the coinplexion and texture of our neighborhood. And what the 88 applicant has to show is a change in circumstances. They state twiee in their response to our appeal that 89 where the acfinn that is proposE:c1 is consistent wit}i the comprchcnsive plan, the pmponent is not required 90 to demoiistrate a change in conditions. I don't think that's the law, anci in fac:t, I rE:ac1 the casc that was yl specifieal(y citecl to by the appliGanl in that rcgarci. And what the law says is this, and this would be the 92 Tugwell dccision, Tugwcll vs. Kittitas County, it's cited in the briePs so I won't cite it; bul it said "'tn 93 Wa.Shington a rezoning proponent - that wnuld be the applic<3nt in this casc - must shrnv a substantial 94 change in circumstances since the original znning nr amendment and must show that the rezoning bears a 95 substantial relatianship to the public health, safety, morals, or general welfart;." Then it gocs on to statc 96 "where an application for roz.oning cornplies with a camprehensive plan is not determinative, only a 97 general conformance with the comprehensive plan is required." There is nothirig there that dispels with 98 the substantial circumstances changes, and in fact, what the applicant is trying to convince the city cnuncil 99 of, is lhaf because they're soing to be building houses and because the density of the UR 7 is still in the 100 low density z,oning criteria, that they're within the comprehensive plan, but fhey are not within the 101 comprehensivc plan because the comprehensive plan for that area and arems aruund it, is UR 3.5, so thcre ,,1,02 has to be a change in circumstances shown. And what I want te do is go through a litany of facts that 1 AF'N 01-05 and APP 02-05 Cnuncil Tnanscript Page 3 of 23 Appeal Trianscript 103 would like the council to focus on in the record that, that show that there is not a substantial change in 104 circumstance.s. _ ' 105 106 First uf all, there's tliree things that the Council has to factor in. One is changc,s in public opinion. 107 Chartges in public opinion are a factor that this C:ouncil has tn consider and decide whether lhis rezone 108 should go through. Changcs in land use pattem have to be considereci, and changes in the property itself. 149 Now, 1waS at dle public hearing. Thcre wcre severa) members of the puhlic alid and, neighbors and 110 people in and amund that area, that nppase it, and t}ie public opininn ciefnitely shows a disfavor or 1 l I opposition to this rezone. So i t}link the public opininn factor sides with us. But thaYs not determinalive. 112 1 think the law's clear that that alone shouldn't bc the factor that Council, you know, holds the decision 113 an. The main factor, the biggest factor, is the changes in land use patterns. And what t would like to dn 114 is compare the facts of the 'I' case with the facts that are present in this case to show Chat thcre is 115 not in ihis case, with the bordering neighbors, with the hordering areas, the placcs in immediate vicinity 116 oP this reuininS request and application, thert: hKS not bcen a substF►ntial char►ge in the use of the larid. 117 Ar►d the way that is demonstratcd is in the appeal packet that was provideci. Tf you Iook at page #241, it's 118 an acrial rnar with an arrow that shows the sitc, and ifyou'll see the immetliitce neighbors and the houses 119 that are in that immediatc area, the density is actually less than a 3.5; in fact, our house sits on three- 120 yuartcrs of an acre. And if you'll look at the acreage around the immediate area, most homcs are on at 121 least a half acre or more in this immediate area. Again, if you'll look at the comprehensive plan at page 122 243 that was submitted by the planning deparkment, and shows against the ouUine oP our community, nr 123 our neighborhood, [hen is no development, or no use of the land Chal is corisistent widi a UIt 7. And, in 124 fact, iYs not even consistent wilh a UR 3:5 bccause iYs (ess density lhan UR 3.5, although the 125 comprehensive pIan xllows Por that if the proper development plan is subttiitted to the planning; 126 department. 127 128 Agiiin, the othcr map that shows that is al page 244 of the arFieal packet, and what you'll sec is that whale 129 area in the immectiate tirrea nf the applicant's rE:yuest is again 3.5, which is what is in the comprehensive 130 zone. NVhat I'd really Iike for Cpuncil to focus on is page 256; it's another aerial map that was taken and 131 presented to the hearing examiner. 1'hat shows sigiificantly the density of the existing homes and then 132 right smack-dap in the middle of the density of the existing homes, you will scc what that develapment's l33 going to look like. 'And, changcs in use of the land. lf you look to, furthcr to the west, you'll see an open 134 field. lf you loak furthe;r to the wcst of that, which wnuld be going towards die top of the map, open 135 field. None of thosc, none of this land has been subclivicled. None of this lancl bordering our 136 neigttborhood, hordering this proposed applicakion }tas been subdivided in the manncr in whic}i die Af'Y 01-05 and APF' 02-05 Counail Trrimscript Page 4 of 23 Appeal Transcript 137 applicant in this casc is trying to subclividc it. So, when you're looking at the clcmcnt of a substantial 38 change in the usc of land around the proposcd applieation, therES is nonc. NVhat the Hcaring Lxaminer did, 139 which T think is wrong and I think the Tugwell casc will point tMis out iao 141 Driskell: Madam vlayor, I apologize for intcrrupting. We met beforetiand ancl Mr. Horniel indicated that . 142 he was going to Cake ten minutes for his argument-in-chief; Ivqr. Tabbcrt would take ten minutes; they'd 143 cach have five minutes for rebuttal; and [ wauld note that you're at ten minutes. 144 145 Aormel: Tiic otlier matters that I raised I will submit on my brief because 1 do believe the chiinge in 146 circumstances is the mdst imporlttnt. Thank you. 147 148 1Vlavor: Mr. Tabbert. 149 150 Tabbert: Thnnk you. I often told myself that if 1 ever gnt in front of the City Council, I would want to 151 personally thank Madam Mayor and Councilmcmbers for the grcat jnb you do for our City of Spnkane, 152 and that I voted far each one of you guys. 153 ~ ,~54 lV1gYUr: lrrelevank. 155 156 Tabbcrt: I'm not a lawyer. I've got all lhis stack of paperwork this high on this whole matter and I'm 157 lrying to 1nidge IhrouSh ttiis; and t}ie closest thing I get to the law is forwarding on the e-mail jokes I gct 158 rcgarding lawyers. I'm a citizen of this community and 1 have a deep passion for the development of this 159 community 3nd how we'rc going ta grow into the future; and I stand before you tnnight not onJy as unc 160 single voice along with my cohort, but also I represent d number of voiees of othcr citizens. (f you tum to 161 page 258 and 259, my wife and I took the timc when this projcct was pmposed, to go around and Ialk to 162 all the various neighbors abnut this; and to a T- 100% sibmatures, and you'll see the propositions, there 163 were two propositions that 1 prnposed concerning this to get a flavor Cor cvhat's going on hcrc. And, as I 164 spoke to neighbors the varicty of emotions I received were many, particularly outrabe that sucti an 165 awkward and irresponsible plan wauld be submitted and put f'orth in our community. Most people feel 166 that this is a subdivision coming into our neighborhoad; two: disgust - some people were cdntemplating 167 moving becausc thcy're thinking that the City's going downhill; and three: d voice of helplcssness 168 because I cvme before yau to talk about this matter, a Int nf people say what goad is it going to da; it's 169 just going to happen, it's being railroaded th.rough and there's ntit much lhat wc'rc going to say about it 70 and I'm here to beg to differ. This is a case of prececlence. If you let this development go in nur AF'P 01-05 and MP 02-05 Council Tranycript Page 5 of 23 Appeal Transcript 171 subdivision like it's proposed, the developers are all going to point to it and say we ciid it here, and we _ 172 want to do it here, and we're going to cio it here, and we want to do it over herc. And it happened at the 173 hearing and I guarantee you [slight gap in the tap as the tap was turned over] for w•hic;h rc;sources we 174 don't have available to managc those homes, and then they'rc going to jump tn the ne.ct spot and say look, 175 we did it here so you have to approve it at the ncxt spot. '1'hat's the big key in my mind about this 176 development. lt's the developers versus the citizens. We wnric. We gol. fiatnily lives; we're very busy 177 people. 'I°hey work too but their work is to devclop, is dircctly f'ocused on what arcas that they can 178 devclop and make a buck on. So, they have interoffice relalianships with your staff; and 1 naticed khat 179 when I was in thcrc that 1 kind-of sensecl /hat thcrc was a little bit of warming toward scame of the 180 devclopers that were in your o1'fice. And I kind-of think that thdt relationship iri your office might lead to 181 some sort of, surnc types af sloppy pre-planning arid assumptions by your planning olficc. For instance, 182 the poor presentatinn thal was at our hearing. Un page 245 of your manual, il's just a planning picture of 183 a house, bul il's prescnted as a house that's associated witli the property, when in fiict; Chis is a house 184 thaYs located across the skrcct arid it was obvious to me lhat the person that put this together did not even 185 lake the time, fifteen minutes, [o drive out and take a look at this operarion and whal's goirig on. 186 187 The other thing is the misinfonrixtion ta ttie developer, i.e., the main arterial disputc; and if a developer's 188 going ta come in and plan this thing out and spend the money, how is it that they can overloak suc}i a 189 simple law likc the main arterial dispute? 1Vho's in cMargc tn let this thing get this ftir is the hig question 190 that everybody has; and when you talk to neighbors, not only in our neighboncood but in the community, 191 everybody shakcs their head and wonJers how k}iese thing.s can even progress lhis far. This is a cf►se of 192 putting the fox in chargc ot' the henhouse; and I'cl c:aution yau to just take a loak internally at what's 193 going on and why this has gotten where it has loday. The zoning laws ta me are oul 'of eontrol. 194 Somebody could come in at 3.5 UK -r.cmed acre and get it, and anticipate getting it moved to zone 7; and 195 stuffing 22 homes insicie of fiour acres, 3.9; it's beyonci me. The other thing that is beyond me is we're 196 Galling this low density; ancl I don't think that 22 homes in that confincd space in my mind, is Iow 197 density; because then what woulcl ynu eall our, our neighborhood7 What is the comprehensivc plan herel 198 And I hope I'm nnt redundanl, but if you guys turn to page 242, which is a map of the area, okay, that's 199 not only our immediate ncighborhood but the surrounding area. Take a look at those lots. "l'hose are all 200 the property lots that are out there. 'I'here are some smallcr lots, but the smaller lots range from threc- 201 quarfers of an acre to perhaps half an acre; but look at the majority of the Ints. My lut is 1.hrec acres. My 202 neighbor's lot is seven acres across the way. This is a rura) area, we've gat city irrigation watcr coming 203 in hcrc for livestock and crops, ancl now wc're going to take and turn this into a small subdivisian that's , 204 bcen proposed is preposterous. APP 0 1-QS ynd AF'V IYL-OS Council Transcript Pagc 6 of 23 Appcal Transcript 205 • . ,J06 Wc talked about the substantial change and what wnuld cause this UR 7, UK 3.5 tn be humpcd up to UR 207 7. 1've studietl this thing and I think I fnund out the answer. They changed the cmp fmm apumpkin 208 patch to an alfalfa fiicld. Decause therc's no other changes thai I can see in our neighborhodd that affected 209 this thing. 1 want to point out some things, what will change if this thing does gct appmvcd. Thcre's 210 going to be a need dcdieaCecJ sewer line specifcally for this proje,t:t; iNs gning to be ran a half, almost a 211 half mile from Long Street, down the side of the road just specifically for this projcct; it's going to by- 212 pass all the neighbor's homes and it's going tn be exclusive to the hnmes being built for this project. 'I'his 213 is not consistent with the currcnt nei,ghborhood. Wc're going to be giving up our future allocated space to 214 the sewer systems, to this new development; and as you are well aware, that the sewer system is over- 215 stresscd right now and nccds, ah, some cxpansion 216 - 217 llriskell: Madam Mayor. I hate to interrupt, but I would remind the pnrties that we need to stick to the 218 record t:hal w3s presentecl to Che hearing e,caminer ancl not go beyond that. • 219 220 Tabbert: `I"his was presented to the Hearing Examiner about the sewer system.s; and PII try, yOu can 221 remi.nd me if you see ariy more. The construclion started and a new treatmcnt center needs to be _,;22 improved. The current and future cast to the neighborhood, in ternis of the sewer system; what happens if ~ 223 this scwcr systcm fails and wc got to tcar up thc wholc strcct? it's going to bc at thc cxpcnsc of thc 224 existinb people tn help put the sewer system in. 7`hese are all points 1 raised at the heac-ing tmd it's direcdy 225 affected hy the rezcming. And my la.st comment here is the cewer line that's going to be specifically for 226 this is goino to bc a half inilc long. 'I'hc sccond point: thc incrcascd traffic on our rural routc. This 227 development is going to double the size of our neighbarhood on rnurth Avenue between Barker and 228 Long; it's going to double it in one fell swnop; and has anybody done a tralTe pattern study? Has 229 anybody taken a lonk at the intersec;tion nf Faurth and Barker, particularly with the new develnpments 230 going on on Saltese Lake, how much traffic is going to be going do~,.m that road; and now we're going to 231 inject even more into iYl Look at the school traffic, and this is most concerning. I challenge any one of 232 you Councilmemhers to please come out on an afternaon, or morning when school is going down Nourth 233 Avenue. If you turn to page 248 please and take a look at that picture. That's Fourth Avenue. It's not 234 hardly even hvo lanes wide; and when a schanl bus comes down you gntta pull almost off the raad tn let 235 these larger trucks go by. lf a garbage truck comes down. And then think of the school kids walking 236 down that street. '1°hat's our community, that's nur little road and now we're going to put influx of 22 237 more residences right there and inject thern onto Fourth Avenue. So who's done a tmffic study7 Nobody. _=38 There's going to be an increase and an increased risk to pedestrians and kids ridi.ng their bikes. `I'here's APP 01-05 und APP 02-05 Council 'I'renscript PAgc 7 of 23 Appeal '1'rHnscripi 239 going to be increase, increase in over-crowding of the schools; and also one issue that may have come up , 240 and I do believe we mentioned this, this is an inc;rease of crime potential becatise there's no parks, and . 241 you're going to have that many more residences in tfiere. Now, I'm going to ask. I submitted eviclenee 242 after the hcaririg tliat t'd like to mention in the case. Am I permitted to do so? 243 " 244 llriskell: Actually, [hat is a motion that I would suggest that you argue the merits of and khen the Council 245 c;an cieeide whether they're going to aceept that infonnatian or not. 246 247 Tabbert: Alright. It's just a point. "fhank you. TYs just a point. CV Superintendcnt Mike Peaeson sent 248 a letter petitioning Ciky Council to charge impact fees to developers which we feel would barely put a 249 dent in overill cost of t:Hesc devclopments that are over-crowding our schools; and if you look al 250 GrecnacreS I;lementary and the MiclJle Sehool out by us, they are signifieiintly ovcr-crowded and taxed. 251 So there's been no school lcvies, have not been writlen or votod oii yet and that's a key point to this as 252 well for the rcdevelopment. So, we're nut opposcd to the development. But we do rcquirc things such as 253 an F..PA study for how the runoff's going to be on this particular land use. We do rcquire some traffic 254 flow studies ancf some school accommodaNnns to be atidressed. We want to set the guidelines up for 255 development and make the plan consistent with our neighbor , 256 257 1)riskell: Maeiam Mayor. We're at ten minutes. 258 259 1Rbbert: Okay. TMank yoo. Dan't turn nur neighborhood into a hodge-Rodge of dwellings and fenccs. 260 The lot size is critical. Each lol shoulcl have iYs own septic system and eonfine the development and no 261 leaker streets i.nto firture develapments. 262 263 M. ayc►r: Thank you. 264 265 Tabbert: Thank you. 266 267 M. ayor: Plea.se, please [in regard to the clapping]. Ms. Arpin. • 268 269 Arpin: 'I'hank you Madam vlayur, laeputy Nlaynr, Members of City Council. Meg Arpin, 1117 East 35d' 270 Avenue, 99203. I want to apologiz.c for having to step ouf during Mr. Tabhert's pre.sentation, 1 had a little 271 seratch in my throat I want to thank ynu a]I for considering the appeals befnre ynu this evening. 272 Ohviously both the neighborhoocls as well as Mr. Crapo's, filed by WCE, Tocld NVhipplc ofi Whipple At'P 01-05 ancl APP 02-05 Council'I'rwiscript F'age 8 of 23 Appcal Transcript 273 Consulting, Engineers is here as wel) as Dennis Crapo, the owner and applicant for the properiy. There is, ,!174 we have befnre you a mation to dismiss that I'd.just like to make a couple of cnmments on. T know that 275 all of you are very diligent and Pm sure that it you have not yct read all the material that it's on your 276 homework list, so f'll try not to duplicate the arguments set forth in the brief and just try to highlight in 277 order to, l promised Cary that I wouldn't use the full thirty minutes, and I intend to abide by that. WitFi 278 regard to the motion to dismiss, the ba.sis for the motion to dismisc is just that the pmcedures fnr filing 279 appeal fo Hearing Examiner's dec:ision provide that such an appeal has tn set forlh specific facts and 280 issues for die appeal, and in this casc the only thing that was said was a statemeiit that the hcarino, 281 basic.ally saying, alleged specific errors, I'm sorry, state an appeal that they're appealing the approval of 282 the rczonc and the failurc to rcquire a complete cnvironmental impact statcmerit. That doesn't pul the 283 applicanl or the City on notiee as the basis for appeal, ancl 1 think Ihal yuite frankly, Mr. Tabberl's 284 presentation and I understand that he is not a lawyer, but l think that his presentation really highlights 285 why there is the need fnr this. Nnne of the arguments lhat Mr. '1'abbert finished on regarcling stUrmwater, 286 traffic, school capacity, none of those were raised either in the appea) itself or in any written 287 memorandum with the exception of the motion to supplement that was submitted with the newspaper 288 article. Sn, until [ stnod here today these issues weren'l raised. We didn't hqvc ttic opportunity to brief 289 them in our response and that's really the purpose of this provision in the municipal c;cwcie, because the --)90 whole purpose IS LI1flt WC (IOt1'Y comc to hearings and get ambushed by issues. That being said, I will 291 address lhem; and the olher issue with the molion to dismiss is ta dismiss the SrPA clai.m bccause a 292 timely appeal wasn't filed and I kn4w the response to that deals, is, underpins Mr. Hormel's due process 293 claim, and I'll just discuss lhat briefly in the context o1'the upposition to the appcal. I.n orcler to sort of 294 kccp things sort of moving in a filow, if Council, if iYs alright with Council, what 1'd like to do is adclress 295 the neighborhood's appeal, and then follow up with the ba.sis for our appeal therefore we're sort of 296 Pollowing a flow hcre if that's Alright with Council. 297 29$ 7'here are basically a cauple of differetit argurnenLs diat appcllants have advanced in support of their 299 appea) of the rezone dccision. The argumentc advanced in the motions with regard to spot zcaning and 300 change of circumstance, misuncierstand what the comprehensive plan aatcgory is. I3oth of these 301 documents that weee filed with the Council as well as Mr. 1-lormel in his oral argument, refer to the 302 comprehensive plan as 3.5. The comprehensive plan is nut 3.5; that is the currcnt u>ui»g out therE;. 1'he 303 comprehensive plan categary is lnw density residential, or, for this area. That is whal we look at in terms 304 of #l - c1o we neetl to show change of c;onclitions; and 1 respec;tfully disagee wilh M.r. Hormel wilh 105 rcgard to thc Tu wcll casc and the law with n;gard to the ncccssity of showing a changc ot condition .n106 when you show consistency of the comprehensive plan; arid I think that if you locak at the 1'ugwell aase, if A('P 01-05 and APP 02-05 Cauncil Transcript Page 9 of 23 Appeal `l'rFU►script 307 you look at the serics of the ca.se with regarcl to what needs to be shown Por a rez.one decisinn, if you Show 308 consistency with the eornprehensive plan, you neecl not show change of conditiuns; and the reason for that % 309 is that cxactly like we have here. We have GMA comes in, we have a new cpmprehensive plan, wc havc 310 ncw z.oning, and the only way that new comprehensive plan is cver implemented, is witli neNv ?.oning. In 311 cases rec:obmized whcn you're implementing, whcn you're implemenring the eomprchensive plan through 312 uming, you no longer have to show lhe change of circumstanee because thc change in ciri;umstances is 313 adoptian of a new c;ompn;hcnsive plan. That really is the changc in circumstance, and theri if you show 314 consistcncy with that, you neeci not show charige in circumstances. Md that is the laNv in the State of 315 Washinbton. 1f you look at the `I°ugwell decision, and iYs also highlighted if ynu look at your awn zcming 316 code, which you adoptecl frorn Spokanc County, the criteria for rezunc in your owm r.nning code provicles 317 it can be amendecl if I- the proposed amendment is eonsistent with the comprehensivc plan and is not 318 detrimental to the public health, safety or welfare, or there has bef:n changc of conditions. So you either 319 show consistency with the comprehensive plan or you show a change of conditions. Ynu need not show 320 both undcr your own zoning c:otie Yo geC an amcndment. The argttment with re(;ard to spot zoning, again 321 if you Yake a louk at the case thaYs cited by Mr. Hurrncl, t1iat pre-supposes that the proposccl z,oning is 322 inconsistent with the cornprchensive plan. `Chat assumption uneicrlics botii the change of condilion 323 argumcnt and the spot zoning arbwmenl bccausc t}lis proposed znne, the Hearing l:xaminer ccarrectly 324 found this eonsistent with the comprehensive plan, thereforc both ot dhose arguments ldose lheir rncrik. 325 And spccifically, I know that you are well aware nf this, and I think one uf the problems that, and 1 326 ccrtainly see it representing devclopcrs out in Spokane Valley, in the County, and in the C;ity of Spokane, 327 and I know that iYs been repeatedly broughl to Ihis Couiicil's attention, you know, thcre's, thcrc's 328 changes that occurred wil,h growth management, with the adoption ot a IJGA, with the change in the 329 comprehensive plxn 3nd a change of zooing. '1`hose happen, and they will forever change the framework 330 of development in the city, iYs what the legislature dictated and what the jurisdiclions wcrc forced to do. 331 These are the regul3lions we work under now, and Ihat; that's whaYs creating the precedent. It's nol lhc 332 appmval of any particular siibdivision. The precedent is set wilh enactmcnt of the laws; and those laws 333 an: what the hearing examiner follows when hc made this decision, made all the appmpriate tindings to 334 sustain the rezone decision, consistency with the comprehensive plan, again, this is law density 335 residential, envisians a densify of one to six units per acre; that, lhis zonc is consistent with that pnlicy. 336 Also, this rezone is consistent and helps implement the poliey uf an average of four units per acre city- 337 wide. We have plcnry of area.s which iire developed out at lower tfian four units an acre in order to reach 338 lhat average of f'our units an acre you need some highcr density. 339 - Af'P 01-05 ena APP 02-05 Guuncil Tmnscript Page 10 of 2,~ A.ppeal Trunseript 140 With rE:gard lo the arb*uments tin you know, in-fill clevelopment of this nature, clevelopers purc;hasing two , ~.,41 or three-acre lots in the developing oul, it's exactly what's envisioned by the wmprehensive pla.n, exaetly 342 what's envisioneti by the Growth Mandbement AeC. Again, the other arguments lhat wcrc raiscd with 343 regard to this re7.one dealt with due process, and appearance of fairness. With regard to the due process 344 argument, this is fundamentally based nn the fact that the MDNS was issued on Febru3ry 18'" and thai by 345 the time that the notice for public hearing went out, there was only day remaining on the time periocf to 346 appcal the M(aNS. The only thirig that is required is publication in a newspaper, under the WACs and the 347 Code; that's all that's required for notific3tion nF an M77NS. And certainly appellanLs, Mr. Hormcl can 348 coni:eded, that typiaalty publiciz.ed, puhlished notice is sufficient. The argument that appellants advanced 349 ' in this case that somehow raiscs the bar and crcates this duc nracess argument is that in his letter, he 350 asserts that he specifically requested a copy nf whatever document was ultimatcly gcncratcd. lf you look 351 at the letter he sent to the planning dcpartment, it talks about recommending an EIS tre prepared; and then 352 it asks far notice of developments or meetings. `I'he EIS wmn't prepat-ed becausc an MTaNS was issued; 353 notifc;ittian of thal was lhrough publicatian, and he wa,a advised of the public hearing for the notice. Now 354 the other concern t}iat I have witli regaed to a due process argument was, was lhis issue rxisE;cl in fronC of 355 the heEiring eac€tminer; and 1 would suggcst that thc answcr to t}lat is no. And if you look at the transcript, _ 156 this really tells you that the answer to that is no. Mr. Hormel clid raise, they did have an exchange with ,1 ~ . .357 the Hearing Fxamincr a,s to what the process was, to review the documents, come to a thresholcl of 358 determination, and how that's published ancl notices biven. Mr. Norrncl ncver raised anywhere in front of 359 the Hcaring rxaminer, the issue of 1 only got this document the day the appea.l perioct expirecl, how can 360 you riot let me appeal. '1`hat issue, that argument w<<s nevcr put in front of the Nutring Fxaminer for him 361 to consider. 362 363 E3ut the real question is what is the import of this, and l think, and this goes fo the appearancc of fairncss 364 argumcnt because underlying that is the appellant's assertion that somehow the Hearing Fxamincr forbad 365 them or precluded them from raising these issues. "L'hat simply is not the ca.se. If you look at the 366 exchange witli the Hearing Examiner, he says, well, the M:UNS itself is not in &ont of mc bccausc kherc's 367 not an appeal; envimnmental issues and rnattcrs are still relevant for my cnnsideration; and invited the 368 appellants to testify with regard to envirnnmental eoncems that they had. So really it is of no import 369 because they were fully able to create a record on environmental issues. And if you Iook at, I'm going to 370 rely on a section in my brief lhal talks about the MDNS and Nvhy the M.DNS even if appealed, would be 371 sustained because thcrc is absolutely nothing within this record that would raise to a level, Co tiavc you as ~._172 the decisioti rnaker comc to a firni and definite conclusion that a mistake has bee-n made. TFiere's simply ~ _ <?73 nothing in there that rises to the level that you would feel that an ElS was necessary for again, 21 lots. APP 01-05 and A.PP 02-05 Council Transcript !'Age 11 of 23 Appcal Transcript 374 So, unless you have any questions with regard to the appeal of the rezone, t'd just likc to rnake, highligfit - 375 a couple of hrief issues with regard to our appcal on the prelirninary plat and I'UD. Does the Council 376 have any questions with regard to lhe rczone'1 Actually, one other thing, there was the tnotioti that was 377 made with regard to Ccntral Valley School District I would just poinC the Council to, first of all, 1 don't, 378 this isn't new evidence. 1 think we run into a big problem if we characterize netivspaper ttrtic;les lhat come 379 out af3er a hea.ring d3te, as somehow new evidence that should be c;nnsidered by the Council beeause 380 there's not the opRortunity to fully explorc; the faets. 1 think-the ►nore impnrtnnt piece of evidence with 381 regard to the school capacity is the letter Gom I)ave Jackman specitically cnmmenting on this project. 382 That's- founcl on pagc 217 in your record, indicating that the closing paragraph is tltat pre.sent, Ccntral 383 Vallcy Fligh School has capacity to house grades nine through hvclve students expected to reside within 384 the development, the paragrap}i talks about diey have limited capaciry in some areas and may havc to bus. 385 And if yau look at die Hearing Examiner's findings with resard to schools, it is finding of facts #69 and 386 70 dealing with capac;ity antl also school capacity alone is not a sufficient basis to deny a rezone or a 387 project and M.r. 17empsey really goes through t}ic record with regard to school capacity in those two 388 findings, and riothing ha.s been brought forth in this appeal to ehallenge those findings. And again, my 389 brief goes through the standarcl Uf revicw that you look dirough aS appellant body; 1 know you've read it . 390 so 1 won't go over with regard to the deferenc;e yoti paicl Co lhose findings. . 391 392 With regarcl tu our appeal, this basically comes down lo the fact lhat this application was submitted as a 393 FUll prelimina.ry plat tind rezone. it went througM the entire process. It was accepted, fees were paid for 394 both the preliminary plat and the PUD, went through thc entire process, received a favorable 395 recommendat:ion on both the rezone and the preliminary plat at the PUD at the hearing, wcnt thmugh all 396 the periad, and then suddenly the clecision comes oul the rerqne's xppmved bul the preliminary plat and 397 the PiJD are denied because af a disc;rete scntenec found in the PUD overlay qrdinance, which this 398 Cotmcil passed and bccame effective, consequentially the date this application was submittcd, and the 399 sentence of your !'UU ordinance requires that PUTas have direct access to a collector and arterial. And 400 the basis for our appeal is three-fold. First of all, that the pmvision of your PIJD ordinance is invalid for 401 three reasons. First af aI1, it's beyond the police powers because there's no nexus between the inlent and 402 purpose of your PUD urdinance and it's discrete condition; and also it violates substitutive due process 403 and cqual protcction; and ['ll just highlight these very brielly because I know lhat you've all read the 404 materials. 405 406 llenenny: May 1 ask a question in t.his. My understanding on thcsc closcd hcarings is that we can simnly 407 look at the cletcrminations of the Flearing F..xaminer, and we cannot look at, 1 mean we have to look at APP 01-05 and AYN 02-05 Coimcil Tr9nscript Page 12 of 23 Appebl "I'ranscript 408 whether what he was put in frorit of him, he i.nterpreted correctly as opposed to us qucstioning whether .409 the ordinances themsclvcs are eorrecC? 4]0 411 Driskell: Thai would be my understanding Mr. I?encttny. 412 413 Denenny: So Ihis to me would be irrelevant as far as the part of the hearing, the hming examiner's 414 portion. 415 416 llriskell: Can you clarify that please. 417 418 Denennv: She's talking about the ccrosistency or the Icgality of an orclinance that we passed. 419 420 llriskcll: 'I'hat's my undcrsLanding, that one of her argurnents is the legality of iC. 421 422 Denennv: So, ok so that c;rin be, and that cim be part of this hearing as opposed to determining whether 423 what we put in front of a hearing examiner in effect, an ordinance, you see where I'm going with that? T 424 mean, to me there's obviously a little twist. If we pass an arclinance, and Ihe Hearing Examiner intcrprets ,~25 that ordinance the way we passed it, then the hearing examiner can't be held liable; that would be 426 snmething that would have to come back to the Council to change ttic ordinancc or is that-not the issue? 427 428 Driskell: Is your qucstion wMcther the Hearing Examiner c:a.n, and I'm asking if this is implieci in your 429 c{ueslion, ttic Hearing Examiner can determine the validity of the ordinance and whether tfiat's at issue? 430 431 Denenny: Wcll, that woulcl be part of it; but if lhe Hearing Examiner has an ordinance in front of him, or 432 her, they need to interprct, thcy nced to cnforcc that ordinance. 433 434 DriskeJl: They apply the law to the facts and reach the decision; in this ca.se a recommendati9n thaYs 435 come to the Council. Sa, yes, they look at the law as writtcn. 436 , 437 llenennv: And you're; what I hear Ms. Arpin asking is that the orditiance not bc applied; you follow? 438 439 Mercier: Pcrhaps I can attempt lo elarify. NVhat 1 understand the point of Councilmember Denenny to 440 bc, is that if the purpose of the closed record hearing is to determine whether or not the Mearing ~ )41 Examiner, have been errnrs of law, then he's uncertain about the germaneness of Ms. Arpin's argument APP Ol-05 sind A.PP 02-OS Cauncil'fnutsr,ript . Page 13 of23 Appeal 'I'rsinscript 442 about the clay that the ordinance beeame applicable, if that was not an issiae, that was placed befort: lhe _ 443 Hcaring t:xaminer. Was that your question? 444 445 Ar in: If I may Councilmember. A counle of things. Nirst oF all in thc, and 1 don't know the slatus of 446 the appeal proccdures whether that's been pttssed. 1 know Mr. Driskell's bLen working on it in terms of 447 appcals of the hearing examiner tu this Council. If you Innk at those and the standard of review that 448 really was liiken from a numbee of different areas of law to try to compile it into this nrcfinaricc, coiicisely 449 stating what the procedures are. One of the basis for granting relief is dhat the decision violates 450 Ganstitu/ional rights. So that is a basis for you to grant relief, and that is what 451 452 Denennv: I guess tliat wfiy 1'm; so if we determine that sornething we passed violates Conslilutional 453 mustcr, we can determine, we can c:ha,nge lhc dctermination of the Huu-ing Examiner that was hased upon 454 that. 455 456 Ar in: Absolutely. 457 458 Driskell: As an error nf ltiw. 459 460 Denennv: nk 'rhat answers my yuestion. What wa,S that Cary7 461 462 Munsun: Is that correcl Cary? 463 464 Driskell: lf the Gouncil believes that thcre wss F►n eeeor of liw that was msdc by thc Ftcaring Cxaminer. 465 466 Dcnennv: Right. 467 468 Munson: No no no; that wasn't 469 470 FIHnip-an: TFiat's nqt what he's saying. VVhat he's sayiiig is Mr. Dempsey had our ordinanc:e in front o[' 471 him when he made the decision. If his dccision was predicated on that ordinanec, can we say he was 472 wrong? Because he's follnwing what wc dictated he do. Isn't that what your question was? 473 474 Denennv: Yeith, that's il. 475 APP Ol-OS aod f1F'P 02-05 Cotmcil Tttuiseript Page 14 of 23 Appe:il 'I'rsuiscript 476 lleVleming: Ye.ah, yeah, thaYs the way I see it. :177 . 47$ llenenny: And, and, the way you answered that was if we find that our ordinancc and its determinations 479 infriiige upon Constihrtional law, thcn wc aan find, in cffcct, wc're finding oursclves in violation and 480 481 DeVleming: And we're not holding Dempsey to a portion of law that is really unconstitutional. 482 . 4$3 DriskelL• Madam Mayor. What's I like ta do is look specifically at that issue and certainly come back 484 and advise the Council; the Couiicil may clect to take this under advisement and to ask specifically those 485 kinds of qucstions. 486 487 Muasun: 1 would like to f'ollow up the queslion that was just a,sked. nocs this Council have the 488 authority to decide the constitutionality af a law7 489 490 DeVleming: to decide that Rich. 491 492 llriskell: That would be one of the things Pd like to get back to you on. ~ . 494 Mayor: Mr. Driskell; Mr. Driskell will research thal so we'11 Ict Ms. Arpin finish her arguments, and then 495 we can take up the matter. 496 497 Arpjn: Thank you. Again, I think that there is just so 1 can weigh in, because 1 don't think Mr. Driskell's 498 going to ask me to weigh in after tlie clnsc of this hearing, I suspect, just so I can weigh in, I would say 499 that do ynu have, in answer to ynur yuestion Councilman Munson, dn you have the aulbority to determine 500 whether or noY one ol' your provisions oP your laws are unconstitutional. Ccrtainly you don't have to 501 make that decision, you can leave it up to a court, but what I would suggest is thal: in looking at this 502 provisiAn of the PUD ordinance, that you Inok sort of from the back-end, in light of what's happened here 503 because I, 1 lruly bclieve that this circumstance wasn't intcridcd. So, but I think you carl makc the 504 decision before a court does, sayiog that really given these facts, tliere isn't any relationship between this 505 PUD ordinancc and a broad-brush prohibition of allowing PUTas in 70% of the city. `Cause thaYs what it 506 comes dpwn to. Because if you loak at, if you look at your arteria) road map and see how much Iand does 507 in front of a collector and arterial, you're broad-brushing a lot of property withnut any sart of direct • ~_\508 examination about whether the locFtl access road that serves that is adequate or not, and this is, this is the, j ~ ~ ,.~j09 this just highlights the problem with that, because if you look at this particular project, you have your APP 01-05 anc1.A1'P 02-05 Cauncil Transcript Ptige 15 of 23 AppeA►1 'fnuiscriht 510 enginesring department issuing a c;ertificate of concurcency finding that the transportation facilities are 511 adequate for the densities proposcd; you have a trip distribulion lettcr saying that the capacity of Pou.rth 512 Avenue is lhere; t}iat thcre's no additional analysis that's ncccssary; you have no wmments oP concern 513 from yaur engineering departmcnt lhat the facilities local access or nnt, art; inadcquate to accommodate 514 the developrnent, and you have a record that tells you that basically this number of lots could bc applicd 515 for without a PUll. We're t.alking about a density, no bonus density was oblaincd hcre. So we're talking 516 about the same number of lots that would protluce t}ic same number of cars, clumping uut that aecess 517 point, a Iocal acccss strect whether it's approved as a 1'UD or a preliminary plat, the impact is exactly the 518 sarne, and tho.se types of individualized, we au-e not saying that you don't need to analyze, that the City 5I9 enbineering clepartment docsii't need to look at die impact of a projeet on a tmnsportation facility tind 520 make a determination aboul: whe;ther that facility is adequate to accommodate the cleveloprricnt. Wc're 521 jusl sayins that the law doesn't allow you to presume that because it's done as a PUU, that local access 522 streets aren't acleyuate. Arid if you laok at the record here, and ir yoti look at the specific purpose and 523 intent of your 1'UI.7 orclinancc, ana you compare it to what's requirecl of these additional standards, there 524 is, your, I understand that the Council wa.s c;oncemecl with rcgard to public versus private road slandards; 525 and that's in your intent arguing one of your purpose and intent. And lhat's, ttnd that's addremed in one 526 of thc provisions saying that even if you build private roads, they gotta be built to public roads stanclards. 527 Understanding you want connectivity; and thaYs dealt with actually in the first sentcncc of this particular ,_52$ set;tion of the PUD ordiiiance; but there's no, lhere`s no rhymc or rca.ccm fnr this last sentenc;e re;quiring 529 direct acc;ess onto a collector and arterial. 'I'here's nothing whieh indicatGS why it's there. It's certainly 530 not done for an engineering n3son in corinectipn with this project highlighls; and so widi regard to that, I 531 thin.k clearly ifi you lonk at that section of the PUD orciinaricc, it's beyond, and your police powers are 532 broacl, but wtieii you enact needs to be direeted lo some sor[ of evil, to cure some sort of public cvil or 533 problcm. Ancl 1 would say a broad-brush stalement like that, without individualiud analysis, simply 534 doesn't meet those slanciarcls. And the equal protection argument basie<illy comes down ta U-eating a 535 PIJT) different than a subdivision; and asain this pmject really highlights it beeause the same numher of 536 cars wauld come out through a subdivision, and thc question is, is this local access streel adequate. That 537 question needs to be answered, no question; but not by a stalemenl in a PUia ordinance directly 538 prohibiting it in all instanccs. 539 540 With rcgard to what we're aSking the council to do in tcrms of relief for this provision, and again, the 541 reason it wasn't in fmnt of the Hearing Cxaminer is yuite frankly no one knew about this statement. SfaFf 542 didn't know about it or they weren't aware of it othcnvise they certainly wouldn't. havc recommcndcd , 543 appmva) because the 1'UD met all the requiremenLs. The applicant was never macte aware; khaYs why this API' ql-US and API' 02-05 Council Transcript Page 16 of 23 Appeal 'f'rFtnscripl 544 issue wasn't discuSsed in fmnl of the Hearing Ex3miner, you're not going to find it in the record. But I r'! ,aiQS am nat in my briefing or in my request for relief from this Council, relying on any f'acts athcr than what's 546 in the record and just simply sta[ing thal those facts in looking at that particularl provision qf law, it 547 doesn't rise to the muster necessary to be susttiined under the rules governing the police powers and what 548 c;an be enacted; and 1 think that really thase are nutlincd in the briel: And the reliel' we're asking is for the 549 Ceuneil cither through this action to declare that pmvision invalid, or to remand the application, repetil 550 that provision of the ordinance, and allow the Hearing Examiner to cansider the preliminary plat and the 551 PUD uncfer a PUD drdinance without that prnvision, to basically, and then he can review it without that, 552 we believe Constitutionally offensive provision. Qr, 1 gues5 the laws relief we would ask for and this 553 certainly is not a preferred form of relicfi bccause we thin.k particularly this projecc, the amcnities and the 554 benefits of development thmugh a l'TJD really, it's got a park, it really is a better de.sign through a PtJD 555 process allowing somE smallcr lots, allowing a park, it's better designed as a l'UL7, but 1 buess nur last 556 form of relief is if yau're not, if you're noi inclined tn agree with our arguments with regard to 557 coristitutionality of that section of the PUD orclioance, would be to at least remand this matter to the 558 planning depa.rtment, allow Mr. Crapo ta withdraw the PiJD nverlay zone, and rede.,sign as a plat, becau.se 559 1 don't believc Me shpuld hc pcnalizecl Fnr cvcryone's ignorance of this provision in the PUT) orclinanee; 560 and that's what's really happening here, is snrt of getting blindsided by a decision after following a • '61 pracess. So, while nnt our preferred farm nf relicf, that is wh3t wc would ask for in any evcnt. 562 563 Mavor: Thank you.. 564 565 Arpin: *Thank you. • 566 567 Driskell; Madam Mayor, 1 believe that the Hormels and I'abberts have beriveen four and five minute.s 568 each tive remaining on the rebuttal. 569 570 Mavor. Ok. 571 572 Aurmel: by the way, my wife is present in the Council Chambers, so she's here also. Just to address the 573 last issue first about the due process and equal protection. NVha/ this courl, ah, court, what lhis Council 574 has to find is that, is that's there's a rational basis, a rcasonable reason to have the ordinance drali:ed as it 575 is. And there's plenty of reason and rationale why a PUf) would be placed on an artcrial or collcctor wcrc _ 576 it as opposed to a rural mad. You've seen the picturc of the road that we're talking abuut. We'rc talking - ~ _ y1}77 abnut safety, we're talking about traffic; we're talking about the health and safety of the pcople of th3t AYP 0 1-OS and APP 02-05 Council Tntnscript Pagc 17 of 23 Appeal '1'ranscript 578 area; thaYs another reason why Mr. Dempsty's dccision is inconsistent by allowing the UR7, because chis , 579 Council's already decic3ecl for the safety of our children and our neighbors, that these large comrnunitic,s 580 shoulcin't be ori rural roads such as Nourth, but Mr. llempsey's decision to allow the re-zone allo«<s 581 exactly what this Council's trying to prohibit by having passed that ordinance, and it is rationally related 582 to it; a reasori f'or having that ordinance, sn for those reasons,1'll talk aboul the mntions to dismiss; it's in 583 my memorandum in opposition. Gone arc the days of , now are the days of notice 584 plcading. 1Ve have to give notice of what it is that we arc intcnding to clo. T1iere are memorandum 585 procetiures that allow us to then further define what it is our issues are. Our notice of appeal said we're 586 appealing the rezone and the finding and Pae;ts Ynd conclusions of law theretoi. So, the Council can read 587 my e-mail that I scnt to the planning department, t asked for any information, or be i.nformed of any 588 development and meeting regarding the above application. [f that ineludcs environmental irnpact 589 statement, ur whalever,l was crititled to that, wid to have the notice to come out the day before my appeal 590 period was due is definitely a violation of clue procesa in thiS case, and read ttie hearing about where I 591 tricd to bring that out and where 1 was lold l can't speak abuut il. So, my last point, if v'Is. Arpin is 592 correct that a change in cirotimstances isn't necessary then we wouldn't have the case of Tugwell vs. 593 K.ittitas County_, liecause what that was was a request Co change an agricultural 20 into an agricultural 594 three which fit the comprehcnsive plan in the sense that she's talking about here, in other wnrds in this 595 case, it's a Iow density category as opposed tn an agricultural category. if they dicin't have to prove a _ 596 change nf circumstances in that casc, we wouldn't even have that caze. 'I'hey had to show a change oP 597 circumstances and the law isn't thaC lhat's clispclled with, if you, if legal counsel reads that case 1 think 598 that's the proper conclusion. 'I'hank you. 599 " 600 Tahbert: Havc yau had cnough yct? You all pass a lot of 11ws and you get z lot of things gning out 601 there as instniments to try to control whaYs going cm. I don't know if you can envision by the laws thal 602 you make, exactly how thing,s are going to happen oul thcre. And the point was brought up that sart of 603 made a light bulb go off in my head, is that these two to three aere projects are ex3ctly what is envisioned 604 by the comprohcnsive plan. And I'm going to throw it out back to you. I'm going to challengc and I'm . 605 going to invite and I'm going to beg that yau guys eome by qnd take a look at this development, take a 606 Iook at this neighborhaod, and see what is being proposed here. And you make the decision whether or 607 not you think this is the way you want Creenacres to he develaped, ok, because ['m lelling you that 1 .608 think that this is goins to set the prccedcnce. My wife would like to say a few words. - 609 610 K Ts►bbert: Hello, Kat}ly Tabbcrt, the other half. I'm not a la«yer, 1 don't have a lof of money neither 611 do my husband or the F-lorniels, and when you go up against a cieveloper, they havc lhc rcsourccs, thcy APP 01-05 and APP 02-05 Council'I'ranscript Page 18 of 23 Appcal Transcript f- 11-612 knnw where to go, they know where to look up, they can hire dieir lawyers to represcnt them. Now to maybe our appeal was incorrectly all the way around because, you know, Pm a mom, my hushand works, 614 Mr. Hormel works, Mrs. I•lonnel is a m4m, so we don't have the time nor the resources to do all this the 615 correet way. And I know all you, don't you have ather jobs than this right, you do this an extra, you 616 kno-w. And you havc to unclerstand lhat if we'rc going to change the essence oF an area, we have to really 617 lool: deep inside our heart.s of whaYs going tci be left. 1'm likc the softcr sidc of all this legal talk, yuu 618 know. 1 didn'C go lo Mr. Driskell's meetings, or anything like that. But I just witnt you to really look. I 619 have three boys. They're not going to be able to go riding their bikes on Fourth Avernue if thcrc's too 620 rnariy cars. Whcri thcy did their tral~ie study, they dicl the lralYic: study, the half block, not tven a half of 621 block frnm where they're going to develop to Barker; they didn't go the other way hecause everybody 622 goes the other way. They go down Fourt.h to Greenacres, past a business, ancl then out. '1'hey dnn't go the 623 way they did the thing. And, it, yAU havc to coiiic and actually look at what's happcning, look at the area. 624 Use yaur ima};inations where you would go. Bring pieces of paper, my hause is on 4 points, whatever, 625 3.5 al) this technical siuff. You can't do that to my area. If you did that, you'd have to tear dnwn iiiy 626 house. Our neighbnrhood is more than a piec:e of paper. Our neighborfiood is more than rules and 627 regulaUons. If you're worried about kids wearing bicycle helmets and you're going to, we're going to 62R make dhem wear, have a standard that wc want thern to f'ollow, then we havc to kccp t}ic developers, who . . ~29 are more powerful than a five-year old kid wearing a helmet, to, you know, be responsible to their 630 neighbors. We want them to clevelop Iheir lanci, they have the perfeet right, bul we're asking them, they 631 baught it at that zoning they should keep it at that zcming. 1 mean you're not gaing to want me to build a 632 big fancy, you know office builcling an my property; I won't get thaf zoning. So, I just implare you, like 633 my husband, just look at it. Hive minutes. I'll make yau coffee. We have an espresso machine. Just 634 came, look at our neighborhood, get a feel fior it. Thank you. 635 636 Mavor: Thank you. 637 638 Uriskcll: Madam Mayor. While it's awfully nice of them to invitc you to comc out and look, 1 wotald 639 remind you this is a closed rocord he.aring and lhat would be the inlrocluc/ion oE new evidenee into the 640 process. 641 642 Mavor: Okay. '1'hank you. 643 . ' _ 6A4 l+"lanigan: I'd like a fc~llow-up question on that real quick. Our driving outthere to look even though ~vc y ~ 1, ' have pictures taken from all angles, would be a violation? ' APP 0 1-OS and APP 02-05 Council Transcript Pagc 19 of 23 Appeal "1'ronscript 646 647 DriskelL• My recammendation to you as Council, woulcl be as your eounsel, would Ue that it would ~ 648 introduce a new argument into the process if you wcre to go out and do that. What you have in front nf 649 you is a series nf photos and maps af the area and that is what has come forward [o you from t}ie Flearing 650 Examiner. My recammcnciation would ccrtainly hc that you consider the record in front of you in making 651 your determination. 652 653 Taylor: Madam Mayor_ 654 655 Ma or: Mr. Taylur. 656 657 Taylor: I would point out that in the transcript, Mr. llempsey did say lhal he hatl gone to the site to takc 658 a look at il. . GSy 660 nriskell: Councilmember Taylor that is correct, and ihat was in the formulation of the record of his 661 recommendation to this city cnuncil as I.hE decision maker. Again, my recommendation would be that 662 city coune:i) nceds to base thcir decision on the record in fmnt of them. , 663 664 Mayor: Qkay. 13ecause a question was raised with regard to the constitutinnality, that M.r. Driskell is GGS going to research for us, cio we want to just takc lhis under advisernent until we can get Mr. Uriskell, give 666 him time to research that question that you've raisul Ynci gct ttiat information back to us? 667 668 Denennv: TFiat would be one point of recommendation. l would like to take it under advisemenl. I 669 woulci like to re-do what f havc rcad prior, listening to the testimony, havinb time ta listen to tapes if I 670 wish, but 1 would like some time. 671 672 FlaniQan: Another request from me`l 673 674 Mayor: Yes, ~'Ir. Planigan. 675 676 Flanigan: 1 rnig}it 1iave misscci it in al) the reading and everything, but we do have the Tu,gwell vs. 677 K.itsan? ' 678 679 Driskell: 'I`hat was not prnvided in the briefng but 1 can c;ertainly provide a copy of t}iat lo t}ic Council. AI'P 01 -!)5 and AF'1' 02-05 Cou.ncil Transcript Page 20 of 23 Appeal "I'ranscript 680 `i81 Muyor: Mr. Vlunson. 682 6$3 Munson: With all duc respccl tu the Council, I would like to point out that we're dealing with come 684 definiUons here that maybe not all of us are familiar witFi. PVhat's a country lane or rural road as 685 expn;ssecl in the record versus an arterial and an arterial collector? lt's difficult to understand the 6$6 diffcrcnces unlcss you go look, and I would recommend that if somebody wants to go out and look at the 687 area and not stop and talk to anyhody, w}iich in faci would cause us to be perhaps, swayed dne way or the 688 other from the rccord, that that would be advisable, and with all due respcct, Sir, I think you're wrorig in 689 saying we shnuldn't go out and loak at it. 690 691 1Vlavor: So is iC the consensus of the Council dien that we go ahead and take this under advisement and 692 have Ivir. Driskell pr4vide us with the intormation and we can put it back on the agcnda for discus.sion? 693 694 Flanigan: Ihavc anoLher quick question then. 695 ' 696 Msyor: Mr. rlanigan. .~-97 698 Flanigan: Like I've already asked tor Tug,well v Kitsan, but it other issues should come up, is it 699 appropriate to ask our attorney for informalion or is it only to ask at thdt point in time? 700 701 Driskell: If you'll forgive me fur just a minute. [pause while Mr. I7riskell consults with Mr. vlercier.] 702 Councilmember Flanigan, your questian as i understood it was if you havc qucstions based aboul; on 703 information that is in the recnrd, you can seek clarification fmm legal counsel, and certainly 1 believe that 704 you aan do that in the f'ormulation of what you're laoking at. We would then resc;hedule this again for 705 your discussion and dcliberalion ancl pleasure, if that's there for you, in the near future, for deliberttion. 706 707 Mayor: Thank you. Mything else? - 708 709 Dcncnnv: do you want to put a time on this now or do you just want to kccp it open on the agenda? 710 711 Mavor: Well,- l think we'll try to give Mr. Uriskell time to do it, then 1 think we'll try to schcdule it at 12 the earliest pnssible moment that we can after you've gotteii the inforniation and give you sufficicnt timc ~ td Iook at it in case anybody needs to re-read. APP 01 -OS ynd Al'P 02-05 Council Transcript Page 21 of 23 Appetil Trinscrint 714 , 715 Flanigan: In fairness to thc parties involved, can we get a ballpark; I think more from the Council then - 716 from yuu, i mcan we're the ones thal arc going to be digesting this; ilTld I fRGall CIOGS A11yntl(Iy F1aV0 A 717 comfort zone'1 718 719 Denennv: ('d be willing ta do at next weck, put it in the study session. 720 721 DeV1eminjq: We' I1 be gnne next cveek. 722 723 blavor: We're: not havirig a meeting next N<<eek, so that gives us timc. 724 725 Uenennv: Well thc follnwing meeting, as it is hvo weeks out. 726 727 DeVlemine: Pc1 be rcady in a couple of weeks. 728 729 Sch.immels: f havc ko a.sk how do we address these clue5l:ians [o you? 730 731 Driskell: 1 do have the questions that you've asked at this p4int, but if you have subseyucnt questions, i 732 hadn't considered that:. 733 734 Schimmels: ln other words, do you need them righl now, or can you takc khnse, through a little more 735 thought process? 736 737 Driskell: 1 believe I havc the questions that you have and if you havc additional questions, ynu can 738 cerlainly put those through the Ci[y Managcr and I can consider those. 739 740 Mcrcier: A point, and that is the Deputy City Attorney has been the legal contnct for the Cauncil for this 741 proceetling, and fnr continuity purposes, [ lhink he should be the contact person for any subseyuent 742 questions. Pcl only urge that thnse questions be put in writing. 743 744 Mavor: Okay. I was going to suggest that we maybe want to put them in wrilirig for Mr. DriskeU. 745 746 llriskell: That way we do have a record of what's coming down. - 747 • ~ APR 01-05 and Al'f' 02-05 Cauncil '1'ranseript Page 22 of 23 Appcal 'l'ranscript /,,,748 Mavor: I knew that as an attorney you'd probably wF►nt to suggest that. `~~i►49 750 Flanigan: Exeept for what we've covered alreacly Ihis cvening, causc iYs in the record. 751 752 Mavnr: Correct_. Driskell: Corrt:ct. 753 754 , Mercier: Just for purposes of clarification, l'm not ceriain if two weeks will tse suffteient tirnc to address 755 thc yue.stions that wcrc raiscd this cvcning and soine additional research that the 1leputy City Attorney 756 would need to do, suffice it to say we will try and quicken the turn-around time but 1wouldn't want 757 anyone tn think that twn weeks is the absolute end of the time periQd at i:he momcnt. 758 759 FluniQan: Rut let's shool for tha1. Like 1 said, for dcferencc to thc individual parties that are involved. 760 761 Mayor: Okay, alright. Then I believe we will close the public hearing at 737 p.m. 762 763 C_ J Ak'F' 01-05 and APP 02-05 Cauncil Transcript Pagc 23 of 23