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2005, 08-09 Regular Meeting ac;FNnA SPOK4,NC N'AI.Lk1' C1'1'1' CUUNC1L REGULAR A-[EETING #72 Tuesday, Augnat 9, 2005 6:00 p.m. ('ITY flALG AT REDWOOD PLA7.A 11707 Fast Sprague Avenue, First Flaor Council Rcyucsb All Elrctroaic UoiCd bc Tnrncd OITDaring Council Merting CALL "TO nRDER INVOCATIOr: Pastor Gary R'eber. Real Life htini4trics PI.F.DGE OF A1.I..FG1 ANCE ROLL CALI. APPKOVAL UF AGFNDA INTI2UDLTCTION OF SPECIAL Gi7ES'TS AND PRFSENTATIONti CUMMI'1TEE- BO.ARD. LlAISON 3U11'L'VIr1RY REPORTS 11AYQR'S 1tEPOR'F: PI.BLIC CONDfENTS For membets oCthc Public to speak to the Council regarding mntters NOT on tbe Agenda. Plra.sr titste your nnme and acldress tQr iho rccord and limit rcmarlcs to three minutes. 1. COhSE'YT ACENDA Coasistx bf itrms cansiclcrcd rnutine which arc oppmvrd as a .,.rciup. A Cuuncitnu;mber mny rcmove nn item from the Gonsent Agcnda to be considetedscparntcly. I,Nate: Council may entcrtaIn u motion to waive rrading and approve Coasent AgendA.) a. Approval nf tlic Followiug Vouchcr}: VOUCHER Ll.ST VOUCIIER 1'uT'Ai- DATE Numhcr(s) VOUCHE-R A~'vt0[1NT 07-224)5 7244-7282 5.3.0.300.90 07-29-05 7283-7306 $1,200.70 ! .30 GRAND TO'CAL S1.521.002.10 h. Approval of PnrTOll of luly 31, 2005 oF$ 187,983. 17 c_ Approvul of Council Regulxr Mecting Mlinutes of luty 26, 2()05 d. r'►pproval of Spa:inl Council Executivc Sessian hteeting Minutcs of luly 25, 2005 c. Appruval of Prabation Scrvicc3 tlgreemcnt f. Kntification nf Authorization Expenciiturc and [.ogo l~u VEW BUSINFSS 2. First fteading Pruposcd ()rdinuncc 05-02•1 Amcndiug Spoknne Vsllo. Municipai Ccide 2.'5 - Da« Mlcrcicr [public commeatJ 3. Prvposad Rrsoluiion OS-U 1 S far Senior Permit Spccialist and Seninr Plans E.xBminrr - Nina Reger [public cnmrtientJ Council Agrnda ('"•I15 Kq-uLu Mcxtiog Y~~c I..( 3 PUBLIC COM'.liEN"fS ror membzrs of the Public Uu speak tu the Cauncil rcgarding matlers N()7' on the Agencin. Flratic statc your namc and addttss fnr the racord and limit remarks to thrre minutes. ADMINIS"ITLA1'IVE ItEPUKTS: [no public camment] 4. Prapascd 20(}6 Rcvenucs and (:xpettditutcs - Kcn 7?wmpscm 5. OuLside Agencies' Presencc ut CznterPtace - Mike Jackson 6. Strect Dcdication Praca:s3 -Ncil Ketsten/Cary Driskell 7. Pennitting On-linc - Tom 5cholteris R, lrrban Gruwth :1re:►s. '_l.oning anil Devziopment - Scott kuhta INFUR31ATION 4NL1': [ao public comment] 9. Upcinte, 2005 Scrvicc Agmemcnts Murgan Koudolka 10. Vhllcy Corridur Upctatc - Ncil Kcrsten 11. i?.xtensinn of lnterim t TR-1 Z.oning for Rotchtard/Ponderosa Areas - Marina Suk1ip (1" tc►uch) 12. Winorancturn: Pl:innGd lMit Dcwlopmcnt (E'UD) c►rdinancc - Mnrina Sukup f. l" tc,uclI) EIiF.CUI'IVti SFSSI()N: Publtc F.mploycc Evaluati«n NIlJOttRNMEti"1' FUTtlRE SCfIF_DL.'LF_ Rcxulnr Cuuncil Meetings aregenern!!j, held 2nd and 4`" Tuersduys•, beginning at 6:00 p.nr. Cowrci/ Study Sesslons nre generall}- htld 14, 3"0 and 51h Turxrlays, beglnning at h:Op p. m. Othrr Tentatii•t Uncomine MrrtinjuiEvrntr: NUT1CEc IndiviEuuls plunning tt) utcnd the mccang wha rcquiro special usizance to scoammodwr ph}sicnl, hcsrmg ar other impairtnsnts, plesac cr.ntart the C'in• C'Ictic mi (509) 921-I000as soon ns Mtsibk so that amtngrme+sts may be made Cowiril 1arn:i:i 084)946 Kcru:ar R1r:ting Yage 2 o! 2 ' -'CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: 8-09-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: BACKGROUND: - VOUCHE,Tt T.ls`I' VOUCHER TOTAT. DATIC Number(s) VOUCHEK AMOUNT 07-22-05 7244-7282 320,300.80 , 07-29-05 7283-7306 1,200,701.30 GRANTll '1'O'I'AL 1,521,002.10 . RECOMMENDED ACTION OR MOTION: Approve claims for vouchers: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists ` . . vchlist Voucher List Page: 1 07/2212005 2:14:54PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 7244 • 7/22/2005 000037 AMERICAN LINEN _ 665652 FLOOR MAT SERVICE 50.92 . Total : 50.92 7245 7/2212005 000830 CHURCH OF GOD 07/19/05 REFUND SHELTER RENTAL DEI'O: 50.00 Total : 50.00 7246 7/22/22005 000789 CITY OF SPOKANE VALLEY 07/21l05 Reimb. REIMB. REC. REVOLVING ACC7. 195.06 Total : 195.06 7247 7I2212005 000109 COFFEE SYSTEMS INC 32099 COFFEE & TEA SUPPLIES 151.27 Total : 151.27 7248 7/22/2005 000686 DEPARTMENT OF LICENSING 07/22l05 DOL Cash CASH 7RANSMITTAL TO DOL 56.00 Total : , 56.00 7249 7t221'2005 000829 EAGLES ICE-A-RENA 07/20/05 Eagles DAY CAMP FIELD TRIP 87.50 Total : 87.50 7250 7/22/2005 000795 EARTHWORKS RECYCLING, INC. 16791 40571 PARK SUPPLIES 247.38 16844 40571 PARK SUPPLIES 273.42 Total : 520.80 7251 7/22/2005 000834 HOWE, ANDREA 07/19/05 Refund REFUND Lfl?LE TYKES INDOOR G' 20.00 • . Total: 20.00 7252 7/'22/2005 000259 HUMANIX 14937 TEMPORARY EMPLOYMENT SERVI 522.72 . . Total : 522.72 7253 7/22/2005 000022 INLAND BUSINESS PRODUCTS, INC. 52901 CITY PHOTO ID CARDS 45.57 Total : 45.57 7254 7122l2005 000117 JOURNAL NEWS PUBLISHING 26419 ADVERTISING 95.25 26420 ADVERTI S I N G 123.75 • Total : 219.00 7255 7/22/2005 000012 JOURNAL OF BUSINESS INV002015071 ADVERTISING 585.00 Page: 1 vchlist Voucher List Page: 2 0712212005 2:14:54PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 7255 7/2212005 000012 ' 000012 JOURNAL OF BUSINESS (Continued) Total : 585.00 7256 7l22/2005 000107 KOPY KORNER PRINTING 21994 • . 40613 KOPY KORNEf2 ENGINEERING PAC 118.53 Total : 116.53 7257 7l22l2U05.000033 MCPC, INC. 4766385 40583 OFFICE SUPPLIES 30.54 4767153 40583 OFFICE SUPPLIES 26.21 Total : 56.75 7258 7/22/2005 000069 MERCIER, DAVID 07120105 DM Reimb. REIMB. TRAVELlMILEAGE MERCIEI 23.00 Total: 23.00 7259 7/22/20U5 000258 MICROFLEX INC. 00015784 TAXTOOLS SOFfWARE RENTAL 559.23 Total : 559.23 7260 7/22/2005 000484 MOONEY & PUGH CONTRACTORS INC. 04-001 6/3/05 #16 40176 PRQJECT BILLING AT CENTERPLA 95,916.00 Total : 95,916.00 7261 7/22l2005 000058 OCCUPATIONAL MEDICINE, ASSOCIA7E 472 EMPLOYMENT PHYSICAL 145.00 • A500163 6/30J05 EfvIPLOYMENT PHYSICALS 591.00 • Total : 736.00 7262 7/22/2005 000652 OFFICE DEPOT 297131648-002 40573 OFFICE SUPPLIES 21.81 297437437-001 40581 • OFFICE SUPPLIES ' 84.76 . 297438086-001 40584 OFFICE SUPPUES 28.53 297465878-001 40588 OFFICE SUPI'LIES 181.47 297877059-001 40593 OFFICE SUPPLIES 575.08 ' 40593 . Total: 891.65 7263 7/22/2005 000578 OLIVER, REAGAN 07/19105 Refund REFUND DAY CAMP FEES 1,424.00 Total : 1,424.00 7264 7/22/2005 000832 OXFORD SUITES OF SPOK. VALLEY 07/19/05 Refund REFUND SHELTER RENTAL DEPO: 50.00 Total : 50.00 7265 7/22/2005 000119 PIP PRIPITING 13330030989 40606 BUSINESS CARDS 111.72 40606 . 2 , . , ~ i vchlist Vou her List Page: 3 07122/2005 2:14:54PM Spokane Valley . Bank code : apbank • Voucher Date Vendor • Invoice PO # Description/Account Amount 7265 . 7/22/2005 000119 000119 PIP PRINTING (Continued) Total : 111.72 7266 ' 7/22/2005 000494 PRO PEOPLE STAFFING SERVICES 3,402 TEMPORARY EMPLOYMENT SERVI 452.48 Total : 452.48 7267 712212005 000827 PROJECT JOY SENIOR ENTER7AINER 08120105 Project Joy CENTERPLACE OPEN HOUSE 25.00 06120105 Project Joy CENTERPLACE OPEN HOUSE 25.00 - Total : 50.00 7268 7/22/2005 000322 QWEST 509-922-7091 896B TELEPHONE CHARGES-MISSION P 348,27 Total : 348.27 7269 7/2212005 000229 SATURDAY NIGHT INC. 58608 OAY CAMP T-SHIRTS 228.60 58610 KINDER CAMP T-SHIRTS 98.43 Total : 327.03 7270 712212005 000324 SCWD #3 475-1495-00 WATER CHARGES 45.47 - Totai : 45.47 7271 7/22/2005 000831 SMfTH, SARA 07/19/05 Refund REFUND SMELTER RENTAL DEPO: 50.00 Tota I : 50.00 7272 7l22/2005 000172 SPOKANE COUNN ENGINEER 05-50 COUNTY ENGINEERING SERVICES 19,598.51 05-51 COUNTY ENGINEERING SERVICES 180,574.50 Total : 200,173.01 7273 7/22/2005 000749 SPOKANE REGIONAL HEALTH DIST., - V 07/15/05 Health Dist . WATER TES7ING PROGRAM . 147.00 07/15/05 Health Dist WATER TESTING PROGRAM 126.00 Total : 273.00 7274 7/2212005 000404 SPOKANE VALLEY HERITAGE MUSEUM 05-139 40575 OAY CAMP FIELD TRIP 20.00 Total: 20.00 7275 7/22/20U5 000311 SPRINT PCS 0141276664-3 7!1l05 CELL PHONE CHARGES 739.49 Total: 739.49 ' 7276 7122/2005 000833 STRAWN, MONTE 07/19l05 f2efund REFUND MIRABEAU FEES & DEI'O 200.00 Total : 200.00 ' Page: 3 vchlist . VouCher List Page: 4 0712212005 2:14:54PM . Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 7277 7/22/2005 000773 STUDIO CASCADE, INC. 935 TEMPORARY EMPLOYMENT SERVI 5,720.00 - Total : 5,720.00 7278 7/22l2005 000419 SUMMIT LAW GROUP 26612 PROFESSIONAL LEGAL SERVICES 777.04 Total : 777.00 7279 7/22/2005 000790 THE ORB ORGANIZATION 2 June 30, 2005 PROFESSIONAL SERVICES 1,151.35 ~ Total : 1,151.35 7280 7/22/2005 000093 THE SPOKESMAN-REVIEW 42365 6/30/05 ADVERTISING 2,362.42 • Total : 2,362,42 7281 7/22/2005 000167 VERA WATER 8 POWER 00015-033021.00 STREET POWER LIGHTINGM/ATEF 19.72 0007-017753.01 STREET POWER LIGHTINGlWATEF 15.29 0010-003488.01 STREET POWER LIGHTINGIINATEF 135.55 ' Tota I : 170.56 7282 7/2212005 000680 WASHINGTON TRUST BANK, MOONEY F Escrow # 2308570772 • ESCROW RETAINAGE PAYMENT 5,050.00 Total : 5,050.00 39 Vouchers for bank codc : apbank Bank total : 320,300.80_ 39 Vouchers in this report Total vouchers : 320,300.80 I, the undersigned, do certiiy uRder penalty of pelury, • that the materials have been furnished, the services rendered, or the labor performed as described herein and that the etaim is jusR, due and an unpaid oblegatian . against [he City of Spakane Valley, and that I am authorized to authenticate and certify to said daim. Finance Directar Date ' 4 , , . vchlist • Voucher List Page: 1 0712912005 11:57:08AM Spokane Valley . Bank aode : apbank ' . Voucher Date Vendor Invoice ' PO # Description/Account Amount 7283 712912005 000720 AMSAN CUSTODIAL SUPPLY 354205 .40620 SUPPLIES FOR 5ENIOR CEN7ER 32.17 Total : 32.17 7284 7/29/2005 000544 CAT TAILS 616076CT 40594 KINDER & DAY CAMP FIELD TRIP 43.00 Tota I : 43.00 7285 7/29/2005 000840 CLARY, AARON 07/28f05 AC Reimb. REIMB. SUPPLIES FOR SW TRUCK 174.47 . Total : 174.47 7286 7/29/2005 000686 DEPARTMENT OF LICENSING 07/29/05 DOL Cash CASH TRANSMITTAL TO DOL 35.00 " Total : 35.00 7287 7/29/2005 000028 FARMERS & MERCHANT'S BANK 07/13103 MasterCard Cf2EDIT CARD CHARGES 3,543.00 Total : 3,543.00 7288 7/2912005 000106 FEDEX 3-943-58202 SHIPPING CHARGES 60.29 . Total : 60.29 7289 7/2912005 000839. GENERAL FIRE EQUIP, CO. 70721 40631 CLASS "K" FIRE EXTINGUISHER-Pb 162.70 Tota I : 162.70 7290 7129P2005 000009 HEWLETf-PACKARD COMPANY 38481446 40602 CENTERPLACE COMPUTER HARDI 3,743.25 38485849 40602 CENTERPLACE COMPUTER HARD% 1,313.94 ' Total : 5,057.19 7291 7/29/2005 000222 ICMA RETIREMENT CORP. 24124 ICMA QUAR7ERLY PLAN FEE 250.00 • 24129 ICMA QUARTERLY PLAN FEE 125.00 Total : 375.00 7292 7/2912005 000022 INLAND BUSINESS PRODUCTS, INC. 52963 CITY PMOTO ID CARDS 19.53 - ' Total : 19.53 7293 7/2912005 000117 JOURNAL NEWS PUBLISHING 26446 'ADVERTISING 37.80 . 26448 ADVERTI S I N G 25.00 ' 26449 ADVERTI S I N G 58.50 26450 . ADVER7ISING 54.75 , Page: 1 vchlist Voucher List pa9e. Z 0712912005 11:57:08AM Spokane Valley Bank codc : apbank Voucher Date Vendor Invoice PO t# Description/Account Amount 7293 7/29l2005 000117 000117 JOURNAL NEWS PUBLISHING (Continued) Total : 176.05 7294 '7/2912005 000755 LEAGUE OF OREGON CITIES 2670 ADVERTISING 50.00 Total : 50.00 7295 7/29/2005 000033 MCPC, INC. 4768744 40556 CUBICLE FURNITURE 849.56 4771108 40572 OFFICE SUPPLIES 61.71 . 4771793 OFFICE SUI'PLIES ' -78.12 4772464 40610 OFFICE SUPPLIES 50.65 Total : 883.80 7256 7129/2005 000824 MCTRANS CENTER, UNIVERSITY OF FL, E69910 40614 HCS+ OFFICE SOF7WARE LICENSI 1,010.00 ' Total : 1,010.00 7297 7/29/2005 000069 MERCIER, DAV1D 07125/05 DM Reimb F2EIMB. 7RAVFUMILEAGE MERCIEI 502.81 Total : 502.81 7298 7/2912005 000600 NCARB 27445 NCARB ANNUAL CERTIFICATION-K 150.00 Total : 150.00 7299 7/29I2005 000239 NORTHWEST BUSINESS STAMP 54573 40598 NAME & POSITION PLATES 100.96 • . - Total : 100.96 7300 7/29f2005 000243 NORTHWEST SIGN SUPPLY 734412 40629 PLOTi'ER I'APER 178.85 Total : 178.85 7301 7l29/2005 000652 OFFICE DEPOT 298405033 40599 OFFICE SUPPLIES 737.60 " Total : 737.60 7302 . 7129/2005 000836 SCHULTZ, WILLIAM J. 07i26105 BS Reimb_ REIMB. FOR VEHICLE KEYS 4.97 Total : 4.97 7303 7/29l2005 000837 SMIDT, JIM 07/25105 Smidt OFFICE FURNfTURE 2,000.00 Total : 2,000.00 7304 7/2912005 000001 SPOKANE COUN7Y TREASURER 07/20105 Counly COUNTY CONTRACT PAYMENTS 1,185,280.55 ' Tota I : 1,185, 280.55 7305 7/29/2005 000739 WASH. DEPT. OF FISH 8 WILDLIFE 59 MAP FOR DISHMAN-MICA PROJ. 42.00 ' : 2 vcnlist Voi~--[2r List Page: 3 07/2912005 11:57:08AM Spokane Valley - 8ank code : apbank ' Voucher Date Vendor Invoice PO it DescriptioNAccount Amount 7305 7129l2005 000739 - 000739 WASM. DEPT. OF FISH & WILOLIFE (Continued) Total : 42.00 7306 7/29/2005' 000347 WORLEY, STEVE 07/20f05 SW Reimb. REIMB FOR SUPPLIES-WORLEY 81.36 . • Total : 81.36 24 Vouchers for bank code : apaank Bank total : 1,200,701.30 24 Vouchers in this report . Total vouchers : 1,200,701.30 I, the undersigned, do oertify undQr penalty oi peryury, that the materials have been iumished, the services rcndered, or tho labor performed as described herein and that the claim is just, due and an unpaid obligaUan . aga[nst the Ciry of Spokane Valley, and that I am authorized to authenticale and certiy to said claim. ' Finance Director Date Page: 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 08-09-05 City Manager Sign-off- Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing . ❑ information ❑ admin. report ❑ pending legislation . AGENDA ITEM TITLE : Payroll for Period Ending July 31, 2005 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: ~ J OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Payroll for period ending 7-31-05 Salary: $ 125,078.60 Benefits: $ 62,904.57 $ 187,983.17 STAFF CONTACT: Jason Faulkner ATTACHMENTS . , . ~ iV1INTIT`E- S , . % City of Spokanc Valley . City Ccauncil RegulAr ~'Ieetiog ' Tuesday, July 26,2005 _ iVlayor ~,'Vilhite called the mecting to order at 6:00 p.m., and welcomed everyone to the 7IS1 meeting A[tendiiiice: City Stujf Diana Wilhite, Mayor Dave Mercier, City Manaaer Rich Munson, Deputy Mayor Nina Regor, Deputy (:ity rv'Ianager Dick Denenny, Coimcilmember Cary Driskell, I7eputy City Attorney Mike DeVlerning, Councilmember Ken Thompson, Financc Director Mike Flanigan, Councilmember vlarina Sukup, Community Development Dircctor Steve Taylor; Couricilmember Neil Kersten, Public Works Director Gary Schimmels, Councilniember Mike Jackson, Parks and Kecreaeian I7irector . Tom Scholtens, Building Official - "Bing" F3ingaman, iT Specialist _ . . Ch.ris Bainbricige, City Clerk llV'VbCATION: Pastor Darrell Cole, from Spokane Vallcy Wesleyan Church, gave the invoaation. 1'LrDGE ON" ALLFGIANCE Ivtayor 1'Vilhite led die Pledge of Alle giance. ROLL CALi,, City Clerk i3ainbridge called roll; a11.Councilmembers were present. _ AP1'KOVA71 OF AGrNDA It wa,s moved by Depttty Muyor Munsoit, secortdetl by Cotarcilmember Flunigan, mrd ununitno:csly ugr eed uporr to appr~ove the Amended Agenda r.is preserrted. liYTRODUCTION QF SYECIAL GUESTS ANi) PRESFN'CATIQ\'S CONI~I~IT'fEE, BQA.Rn, LI1ISQN SUNMTARY 1tEFQRiS Councilmembee Schimmels: reported that he recently attended a field' trip visit to x large farm in Boardman, Oregon «<here they have 93,000 acres nf Nroperty, 90,000 diary cattle, and inilk 7,000 cows per hour; that he alsd attended the Spokane Regiatial Transportation Cornmii;tee vtecting; that lasi week he attendEd a rransporCtttion Itnprovement F3oa.rd meeting where staff presented 3 request to the Board for a time extension regardinb the couplet, and another reyuest tp have a fund retenlion to keep tliings in motion, which request was granted. Councilmcmber Tavlor. explaincd that he attended the Spokane Convention Visitor's Bureau 13oard meeting, and the sales staff reported on the new conventions which are coming to the area, ancl the implementation of the Destination' Promotion Plan; and that tourism promotion area revenues are in excess of what wa4s forecasted. Iaeputv Mavor Ivlunson: stated that the Spokane Transit Authnrity (STA) Board met and that light rail research continues as they strive for accurate information; that he also attcnded a STyk subcom.mittee . -mceting conccrning the. survey being drafted to ask the public how much and if, they are willing to pay for light rail; and he attcnded a legislative hearing today conccrning the couplet and the Growth Management Act and how if affects nctv cities. Cnuncilmember F'lanioan: mentioned that he was apart ot'the interview/selection comtni[tee for ttle new city attorney; that he attended a mceting here with an urban planner who gave projectioiis regarding what he felt the cities wiU look ]ike in the future and how diey could move fonvard; and along with the viayor - attended a kick-off rccept'ion for the American Dairy Goat Associatiun. . Cntmcil A9eeting: 07-26-05 Page 1 of 6 Approved by Council: Councilmember nenenny; said that he chaired tlie S7"A meeting referred to above; and last Friday he attended the Spokane Itiver "1"s~117L (total maximum daily load) Collaboration UAA (use attainability analysis) meeting where workgroups worked on issues concerning re-use and flows, and that they iu-e corning forward with agreat deal of informalion as Chey put togethEr a negotiation settlernent with nOF, (Uepartment of Ec;ology), acltling that there tias been great cooperation within the group and that he feels the rermit will soon be issued for a new system. Councilmember I7enenny also reminded everyone of the televised S1'i1 meetings. MAYOR'S REE'URT: Mayor Wilhite statecl that she attended apresentatian at St. Margare.t's homeless shelter, which shelter prpvides funding, housing and services for the homeless, especially women witll children, and mentioned that Bill Gates and the Bowi.ng Company gave substantial amounts to the orga.nizatian; she also attended the \Torthcast viayor's rncctings wliere various school boards were irivitcd to discuss the needs for school facilities and other education issues; and she attended a barbeque picnic with the Seniors. PUBLIC COViA'IC\`TS Mayor \vilhite invited puUlic comtnents. , James Pollard, 17216 F_. Raldwin N Grecnacres: spoke eoncerning a potentially «nsafe area in the north Greenacres area housing development, where a natural drainage way was filled with a wall of dir[ alorig ~ his property; that the sloop is steep, hc can't mow the area; anci he attempted cantacting the City Engineer but was informed that the develaper is permitted to do what was done with the sloop; that lVlr. f'ollard feels the sloop design should be such so as not to cause hann to property owners; and suggesled havinb at leasl: a four-to-one slope or a retaini.ng wall. Trov Allen. 5122 N Fruiehill IZaad: explained that he was tpld to come to Council to see if could bet a ncw zone for a piecc of proper1:y he recencly purehased under the comp plan. Mayor Wilhite explained , that those issues will be coming up in the near future and staff will colitact him to Iet him Maw of the date and time of those upcoming meetings, and that: public commene will be taken at those meetings. 1. CU\`SE1"I' AGENDA Consists of items consiclered routine which are approved as a group. A Couneilmember may remove an item from the Consent Agenda to be consiclcrecl separately. (\Tule: Couneil may entert.tin x motion to wsive reading and approve Conse_nt Agenda.) ' , a. Approval of the Following Vouchers: VOUCI-E-R LIST VOUCHLR 'l'O'1'A:L 17A'CF Number(s) VOUCITE-R AMpiJ1V'f 07-08-2005 7137-7171 $129,467.64 07-18-2005 7172-7235 $331,813.25 G1tAND TdTAL $461,280.89 b. Approval ofPayroll ofJuly 15, 2005 of $137,615.82 c. Approval of Council Executive Meeting Minutes of•July 11, 2005 d. Approval of Council N1eeting Minutes of July 12, 2005 e. Approval of Council Study Session Minutes of July 19, 2005 f. Approval of'Resolution 05-015, Amending Student Advisory Counailmember Terms g. Gouncil Confirrnation of.'vlayoral Appoinlment nf]3radley Griffith to the Cable Tclcvision Advisory Board h. tlpprov3l of CenterFlace Change Order Authorization i. Approval of Contract,s for Construction Services . j. Approval of Couneil Eseeutive Meering Minutes ofJuly 14, 2005 k. Confirmation of City Mana-er tAppointment of City Attorney Counci] Mee[ing: 07-26-05 Page 2 of ( t\pproved by CoiinciL• !t ti+~as rrrnvecl by Co:nzcilrrlember Flanigmi, seconded by Coutrcrbneiriber Tcrylor, and urranimously ~approved ta ivaive the readiirg and upprove the Consetit Agenda. NEW BUSiNESS - 2. Second 17eadina Proposed Ordinance 05-023 Amencliog Special Events - Nlike Jxckson/Cal Walkcr After City Clerk Rainbridge read the ordinance Citle, it wcrs nioved by DEputy ltfcryor eLlinrrpn and seconded by Cotorcrbirember Denenny, to crpprove Ordi,runce 05-023. City Manager Ltercier mentioned dhat the ordinance contains a scrivener's error in that each ►nentioii in the orclinance of "Ciry Mrrtruger" shottld be chungecl lo "Parks and Recreattar DirEC•1vr" as per the draft submitted at the first reading. Pari:s and Recrearinn 17irector Jackson explained that the only other change is as nnted, changing section 5.15.050, changing the minimum requirement from not less than 15 business days in advance of the event, to at Icast five clays in ldvance of an eveut, adcling that staff will encouragc eikizens Co submit requests as early as possiblc, particularly for large events such as paracies. During Council questions, it was mentinned that the insurance cerlifcate would cost approximately $100 to $200 depending on the number of peo{ale atfending each event. Councilmembcr i'lannigan felt such requirement would be a detrimenl to such events and asked ifi the City Manager could waive the liability insurmce requirement. Director lackson explained that Lisa Pound of R'CIA (Washingtdn Cities Insurance Authority) encourages <<nd recnmmends the coverage i.f sueh events ba.rricade or block the strect. ChieF Walker also - suggested changing seetion .i. IS.060 from bond slinll be requirecl, to boncl rrtay be required. As the person . riiaking the molion, Deputy iVlayor Munsan stated he hacf no objection to the chan'e as a frientlly nfrrendmettt; Councibnentber Dcnewry corrcurred as seconder of the n:utivn. Further d-iscussion includecl the need for permits and insuraiice only if the street were blocked, the number (29) of national night out -parties scheduled within our city limits; the purpose of the funetinn; whether the Couiity Sheriff's office sponsors the event (thcy do nol but are an active partner in participation of numerous events); arid the aener<<I idea of assumption of liability. Deputy City Attorney Driskell menCiened his concern dhat payment by the City for such insurance coulcl constitutc.a aift of public fimds as it would be f.or privaee benefit. ivlr. Mercier said while not staFf's int.ent co impede a council p4licy preroaalive, he would be re►niss in his responsibility if he did not suggest that it is beneficial for communities to conie to conercte answers on legal concerns that are raised. Counei.l.member L7enenny raised a point of order and questioned the nroccclure to add another separatc item. Mayor Wilhite then invited public comment. Thc following speke against the insurance requirement: Kat1ie Williams, 1721 S l7avis R.oad explained•thaY she has held a block party for 12 years, it includes 50 homes and tliey nccd the streec as a venue to bring all those neighbors together; slte encoiirages staff and eounc;il to exa.mine whatever o{aporfunities may be available to handle the insurance, including havina the City bear the cost of the insurance. Maril,yn Cline, 13303 East lU"': has her own bloek party; she is a SCQPr volunteerand block watch captain; that the parties help rici the rieighborhoods of undesirables; and if insurance is reyuired, the . parties will bo.away. Marv Pollard. 17216 E Balciwin Ave: just ltad their 15ffi annual party; feels would be terrible to have fces to have the neighbars get together. . Further Council Discussion ensued regarding the need to help this endeavor without burdening the communities with the insurance issue; the idea of not rcquiring insurance for this particular event; to provide an exception for arterials and collecCOrs or classify a certain type of road as eaempt; to exclude any type of block party or commuiiity parfy; that timing is a concern; and finally that insurance is " Council Nicetiog: 07-26-05 - Page 3 of 6 Approved by Council: eurrently rcquired, and the suggestecl chajige toniaht for the current ordinance, is the time factor of submitting an application for a permit. Councilmember 17encnny, as stated previously, recommends passing the ordinance with lt►e ininor changes indicated, and add to the agenda a motion of consideration regarding how Couneil wrould like to aciciress the issue of Nat:ional Night Out. Councilmember Taylor mentidned that rcgarding the ordinance ciu-rently in forcc, that perhaps Council should take further consideratinn t:o determine if this is the preferred pnlicy for special events, 3nd he is not comforiable with singling out National Night Out over all other types of neighborhaod block parties. Councilmembcr 17enenny statcd that if a minimum of three Councilmembers concurred to bring this nrcfi.nance baek later for furCher amencling cansideration, that can be seheduled fnr such consiclcration. vate on the irlotion tv appraye ordinar:ce 05-023, eorrectirrg the scrivetrer's errar to change all refere»ces of "City AIanager " to "Ptrrks curd Recrention Drrector, " und in SECIio►r 5.15.060 hond reqzrirecl, c{rcmging• the "Parks und Recreutiorr Directqr s/call" to "T17e I'arlw and Recreation Uireclor niay:" !nfuvvr: lhianinrou.s. Opposed: rrone. Abstentions: None. 11fotion carried. Citing point.of order, Deputy Nfayar vtunson cluestioned when a new motion might be addressed tonigllt. Cil'y Manager Nfercier suggested if Council wairts to place a►notioa on tonight's agenda for consideration of National Night Out or insurance payment assistance, a'vote can be taken to iunend the agenda, to include a mntian of consideration . tt tivas moved by Councilrnenrber DeVlenling ut7d secoridecl by Deprity Alayor Altatsun to amerTd the ageridrr tn irrclucle air item 92u to drscuss the instrrarrce issue of National Night Orit. Yote Gy Acclamution: In F6vor: Uiiwrirnotts. Opposecl.• tllone. AGster:tions: .None. Mation ecrrried. ir.l)i.rcci.csatJie., n~rirurrc• .ssi~e~ofstVnlionnl:?~'i~liixUii It was moved by Coturcibnember DeYlentirig und secondecl ttiat tlre City of Spokmie Yalley lvaive the , reg:iirement of the ituurunce issue far Ntrtionnl Night Out." Councilmember Taylor requested adding a frienclly amendment t4 incluclc "for 2005."_ The Frienclly Amendment was rejected. Councilmember Taylor, in support of his reason'tng for the cha.nge, questioneci Council's desires to keep an ordinanc;e intact that ►nakes certain all block parties have insurance except foe National Night Uut as he feels that is not gooci policy, and if the ordinance needs amending, that shauld occur rather than wait unlil the next constituency group asks for a similae waiver. Councihneniber Tuylnr mavecf, secorlded by Couricilmember MunSOl7 10 L1mL')JCI the I110170R 10 111CI21d8 1f1e WOl•ds 'for the year 1005. " Yote ta amend the nrolivn: I►t Favor: Deprity Mazvor Aftunson arld Courtcilnientber Tcrylor; Opposed: iVcryvr Wilhite, Cointcidtnemhers .Schinimels, Flatiigaix, I)enenrry, DeYlemitig. Absteraiorrs: iVvne. Motion fuiled Mayor VVilhite invited public comment; no com. ments «rere offered. Vote by Acclaination vr7 the n:otiori thr.rl the City of Spukuae Val1Ey tivaive the requirement.vf the irrsuranee i.r.sue for Nutinna! IVibht Out: Iyi Favvr: tJrtanimous. Qpposecl: A'one. Abscentioia.s : lUorre. Motion c.nrf•ied 3 Proposed Resolution 05-014 Creatina a Human Resourees Analyst Classification and ,1ob Description - Ninx Rep-or 1t tiaus nroved by Councibnember Flaiiigun trnd secondecl, to apprvve Resolutian 05-014 creating the human resources unalyst classification aiul position dESCriptiora. Deputy City Manager R.egor explained that the proposal to add this position was previously presentecl aaid it was Council consensus to prnLeed; that with a staff of approximately 60 employces and no scaf-f member dedicated solely to fiilfill persannel responsibilities, such positian is neected; acidin; that 1'unds were included in the recently approved 2005 bucloet tunendment to fill the position. Mayor Wilhite invited public comment; no comments were offered. Cntmcil discussion included the need for the position; which they feel is a very real need, but ctiscussed the salary range as substantially higher than what is found for that particular designation wi[hi.n this region; and that Council preferrcd this position to have a pay grade of 14 rather than 15. It was inoved Gy CocnicilmemGer Taylor and secvnded Gy Cotaicilmeirlher Denenny, tn anietul the irlotion to Council Niceting: 07-26-05 Page 4 of 6 Approved by Council: chrrnge the ptry grade to.14. Yv1e by acclaniativn to amend the matian: In F'cnor: Urianintous. Upposed nane. Abstei2tiotrs: tN'one. Motian carried. Vote by Acclamation oi1 tfte a»zerided rnotiol7 to Approve Resnlutton 05-014 creatittg the Fizmrnn resozace,s crnalyst classificatinrr and po.sirlon description ►vith rr grade of 14: Iri Favor: Uiiariin:ous. Opposed: norie. Abslentions: Afone. Motioii carried. 4 1Vl:ot:ion Consideration: City i►f Spt►kane Vallev V.ilues -Ninst Reaor It tivus mvved by Depuly Mtryor Mutisan urid secotulecl by Councilmember Tcrylor to approve llre cli•aft vulues stutenrent. Aftcr Ms. Regor gave the PaNverPoint presentation explaining the values, Mayor Wilhite iiivited public comment; no comments were nffered. Yate by Acclamatiari, Irt Favvr: Ununimau.r. Opposed.• nane. .Abstenlivtis: A'one. Afotion carrietl. S Motion Consideratian: Dept. Emergencv ManKf,,,ement Contract - Cal `Valker I'oliee Chief Walker es.plained that the Board of County Commissioners recently decided Co apply charges fpr Deparhnent of Emergency Nlanagement (DEN) services to the County's smaller cities and will charge all cities over 1,000 in populal:ion for their peopoitionate percentage of the tntal DENl allocation; that this does not present a substantial change to the contractual ohligation and that Spokane Valley's share remains at.1913% and is applicd to the total DEM budget as noted in the prior coniracl. It was moved hy Deputy Mayor M:atson artd secortded bv Cvuncilnrentber .Tuylor thut Council apprnve artd a:ithorize sigriatures for the contract bused upai stigge.sted chartges. Mayor Wilhite invited public commenl; no eomments Nvere offered. Vote by Acclaniation: !iz Favvr: Unairinrous. Oppo.sed.• norre. Ahstentions: tVonz. Motiori curriecl. 6 Mot•ion Consideration• Written Findings, Conclusinns and Deeision on APP 01-05 - Cary Driskcll It wac moved by Councibnember 1)er:efJny und secanded by Councilmeuiber Flairrgan to adopt the draft propvsed Findings OJT'act, Conclzcsiorrs of La►v, arrd 1)ecisioft iip{zolding IIrE rECOnrmendation of the City Heuring Examiner in APP 01-05. DepuCy.Ci[y Attorney Driskell e;cplained the issue as per his July 26, 2005 Request for CAuncil Action form, and stated dhat the finding;s iLre cnnsisCenl with that written decision of the Hearing Examiner. Vote by Acclamation: In Favor: U174971imous. Opposed.• none. A bstentiotis: None. eVntioricarried. . a ",'-z.et:on-aer35ideF►Nien~ ' 'e,t~T'•~ffs-Eeitelesiens nnd Deeisiee en-4I'~'=43-85-~sr-~ DfiskeW "1'his item was removecl from the agencla. pUBl;.IC COM'1V1EtVI S Mayor `Vilhite invited public comments; no comnients were offered. ADMIYISTRATIVE KJFYOTtrS: [no publie commentJ $ C=overnance ATanual Conimittce Report - Councilmcmbers l)enennv, DeVleminn ancf Blanip-an Gouncilmember DeVleming pointed to the few areas of coneern, notinn that samc arc rnercly grarnmatical errors or modif'ying words to make the statement more precise; and suggesYed placinb this ite►n on a fithire study session Co ciiscuss the issue, in particular that section dealing «<idi public eomments. tt Nvas Council consensus to plaee this issue on an upeomin ; study session for fur[her consideration. 9 National liicident rvisnauemcnt System GND'I.S) Report - Ca1 VValker Chief Walker explained that this is the first touch on this issue, gave the background of administering a NIIviS, and that compliance is eYpected to be requirecl by Septcmbcr 2006 as a condition for federal preparedness a.ssistance grants, adding that there is no ch?rge for training in this regard. I.t wa.s Council consensus to begin that process and return the issue for fbrmal council consideration. • Council vleeting: 07-26-05 Page 5 of 6 - Approved by CouneiL• N11yor Wilhite called for a recess at 7:35 p.m. and reconvened the mccting at 7:45 p.m. 10. Yrobation Services Agree.ment - Carv Drislcell Deputy City Attorney L7riskell eYplained Che agreement and backaround per his July 26, 2005, Requesc for Couiicil Action form, and added that since dhere is no cost to die City, the Ianguage will be changed in Section 5 to state diat payment of the services are as set foirth in E:chibit 2. City vlanager i'vfercier added that this is a transaetiori we don't neecf to be a part of; anci we can !et the Cotmty conduct it while we ~ain the assurance of probation scrvices, and allow [hose responsible uncler statute to cnnduct that business without our interaction. [t was Council consensus to place diis matter on the ne:rt Council consent agcnda for adnption. _ , , "1F~9~teN ~.T.~,~~•.~a~-n- This item was moved into the "Information Only" category nf the agenda. rXECU"I"fVE SESSTQN: Pending Litii:ation It tivas vroved by Courrcilmelnher Flnrtignri arid seconded, to crcljourri irrlo F.xeczitive 7ession for penclingr litigatiun jar approxirralely ljiirly nri►r:de.r, and that afienvurds, a decision naay be mar.le. Yote hy Acclnfnatiorz: In Fuvor: Unrnrintottis. Oppose& notte. Abstetitioits: None. jWotiat: carried. Couneil adjourned into Executive Sessiort at 7:52 p.m. At apprasimately 8:30 p.m., Mayor Wilhite rcturned to Council Chambeis and announced dhe Executive Session would be extended for approximately an additianal 15 minutes. Mayor Wilhile cleclared Council out of Eseeutive Session ajid reconvened the regular meeting at apprnximaCely 8:47 p.m. It was then irruved by Cnuricilmernber Denenny ancl seevrrded Gy Cocrrlcilmember Taylor to rnove item ;€11 frvm tonight's agenda, und pluce it on tFre legfslatir•e agendu fvrfuttrre corrsirleratiori, und to setad the mntter lo the Plunniirg Commission Vole by Acclamution ~ Iri . Fm~or: Uiranimou.s. Oppn,sed.,norie. Abstentipn.r: Nate. lllotiorz carried. 11 wcrs moved by Couricilnrernber Flanigajl, seconded, rnrcl zarunrntnusly agreed upor: 1a adjoura the meeting. 7'he mEEting- adj,nurned at 8:48 p.»i. Uiana Wiltiite, Mayor ATTEST: ChrisCine F3ainbridge, City Clerk Council Meeting: 07-26-05 Paac 6 of 6 Approved by Cauncil: NlINOTES City of Spokane Valley City Council Fxccutive Session Thursday, July 25,2005 Mayor Wilhite called the meeting to arder at 5:30 p.m. Atterrda3ice: Councilmeinbers: Staff: Diana Wilhite, Mayor Dave Mercier, City Managcr Ricli Munson, Denuty viayor • Nina .Reoor, Deputy City Vlanager Gary Schimmels, Councilmember Niike TaeVlecr►ing, Councilmember . Steve Taylor, Councilmcrnber ' Taick Denen.ny, Councilmember Mike Flanigan, Councilmembcr . ~ FXFGTJTiVF SESSION: It was rizoved by CouncilmenrbEr Denenr:y,, secondecl by Deputy Muyor• Murrson, and tnianimott,sly ugreed upon tlzal Council p,o into Erecutive Session iuitil upproximately 9:00 p.m., regartliiig a publrc en:ployee evaluation. Council adjourned -into executive session. Mayor Wilhitc rettirned to Coiulcil Chambers and arinouncecl the extension of the, Executive Session to appro.cimalely 9:45 p.m. . Mayor Wilhite dechared Council out af etiecutive scssion at itpproximately 9:48 p.m. iNo deciSions were made and it was then'moved by Coiareilmeniber Flanignri, secofaded by Cotaicibnember DeVleming and `J wtmnimously ug-reetl upon to adjoam:. The meeting adjourncd at 9:49 p.m. ' • - Taiana Wilhite, Vtayor ATTFST: Christinc I3ainhriclge, Cil:y Clerk Cowicil N4inutes 07-14-05 • Page 1 of I > CITY OF SPOKANE VALLEY ~ Request for Council Action - Meeting Date: August 9, 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: Approval of Probation Services Agreement GOVERNING LEGISLATION: RCW 39.34. PREVIOUS COUNCIL ACTION TAKEN: The Council previously entered into an agreemerit with Spokane County prior to incorporation for provision of probation services. That agreement expired at the end of 2004. Staff made a presentation to Council on July 26, 2005 outlining the new proposed Agreement. . BACKGROUND: The attached agreement would simply turn over the District Court probation function to Spokane County, and would be for one year, with a provision for an automatic renewal year to year, and also includes a mutual rolling 180 day termination provision in the ~ event the relationship is not woricing. - OPTIONS: Approve the draft agreement; or instruct staff on proposed amendments; RECOMMENDED ACTION OR MOTION: I move that we adopt the proposed Probation Serviaes Agreement. . BUDGETIFINANCIAL IMPACTS: Revenue neutral, although it would represent a small reduction in revenues from the past year. It is unclear whether those revenues would be present in the future since, probation services are to be a cost recovery mipchanism, and .fhus are not allowed to be revenue generating. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Proposed 2005 Probation Services Agreement. - . ~ ~ Return to: Daniela Erickson, Clerk of the Board Board of County Commissioners 1116 W. Broadway Spokane,. Washington 99260 INTERLOCAL AGREEMENT FOR PROBATION SERVICES IN THE CITY OF SPOKANE VALLEY _ (January 1, 2005 -December 31, 2005) . ~ THIS AGREEMENT, made and entered into by and among the Spokane County DistrictlMunicipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT,° Spokane County, a political , subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD,° together sometimes referred to along with the COURT as °COUNTY,° and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, , Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." The COUNTY, COURT and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of County . property and the management of County funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (c) Pursuant to the provisions of RCV1/39.34.180, the City_of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are • committed by adults. Probation Cantract Page 1 of 11 (d) Spokane County has established the Spokane County DistricUMunicipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County DistricUMunicipal Court consists of one district encompassing all of Spokane County. - (e) Spokane County District Court supervises and oversees a Spokane County District . Court Probation Department. RCW 10.64.120 authorized the Court to levy upon any person receiving probation services a monthly assessment not to exceed one hundred dollars. (0 The City of Spokane Valley desires to utilize the services of the Spokane County DistricUMunicipal Court Probation Department for the purpose of providing probation services as directed by the Spokane County DistricUMunicipal Court for (i) misdemeanor or gross misdemeanor offenses constituting a violation of a state statute committed by an adult within the City of Spokane Valley and/or (ii) a violation of the City of Spokane Valley's ordinances. SECTION NO. 2: DEFINITIONS (a) Agreement. "AgreemenY" means this Interlocal Agreement between the CITY and COUNTY regarding Probation Services. (b) City: "CITY" means the City of Spokane Valley. (c) Countv: "COUNTY" means Spokane County. (d) Maintenance and Operations. 4Maintenance and Operations" and "M&O" shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are directfy attributable and proportionate to . services rendered to CITY under the terms of this Agreement. (e) Services. "Services" means those services identified in Exhibit 1. (f) Compensation. "Compensation" means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) Capital Improvement. "Capital Improvement° shall mean any expenditure of $2,000.00 or more. Any such expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington under RCW 43.88. (h) Uncontrollable Circumstances: aUncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are perFormed and/or that directly affect providing of such Servicss. . (i) Probation: "Probation° means evaluation and supervision as provided for in RCW 10.64.120 and ARLJ 11.1. ` . ; Probation Contract Page 2 of 11 ~ (j) Court: "Court" means the Spokane County Municipal/District Court established under chapter 3.38 RCW. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the . terms and conditions under which the COURT will provide Services on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COURT will be consistent with the CITY'S CounGil/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATIONNVITHDRAWAL This Agreement shall• commence at 12:01 A.M. on January 1, 2005, and run through 12:00 P.M. December 31, 2005, unless one of the PARTIES provides notice as set forth in.Section 7 of .termination pursuant to Section 14 of this Agreement. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 1s3 to December 31gL All renewals shall be subject to all terms and conditions set forth herein. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. J SECTION NO. 5: COST OF SERVICES AND PAYMENTS Payment for costs of Services shall be as set forth in Exhibit 2, attached hereto and incorporated herein by reference: SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COURT or its designee agrees to attend staff meetings as requested by the CITY Manager. The COURT or its designee.agrees to meet upon request by the CITY Manager or hislher designee to discuss any Service provided under the terrns of this Agreement. The CITY agrees the COURT may use the COURT'S stationery in conjunction with providing Services under the terms of this Agresment. SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such ! Probation Contract Page 3 of 11 l other address as either Party shall from time-to-time designate by notice in writing to the other Party: COUNTY: Spokane County Chief Executive Officer or hislher authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 COURT: Presiding Judge, Spokane County District CouR 1100 West Mallon Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative - 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 8: REPORTING . " Reports - The COURT shall provide the CITY with reports documenting actual usage under this Agreement at such times as agreed to between fhe COURT and CITY. The COURT and CITY agree that the terminology "reports documenting usage" means that type of information provided by the COURT to the CITY in the 2004 agreement for Services. Such reports shall be in a format as mutually agreed to between tfie COURT and CITY. The content and/or format for such reports - may be changed from time-to-time by written agreement between, COURT and COUNTY staff. Records Review - The CITY shall be allowed to conduct random reviews of the records generated by the COURT in performance of this Agreement. The CITY will provide the COUNTY with reasonable advance notice of the records reviews. The Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accuratety conduct a records revie+iv. SECTION NO. 9_ COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. i Probation Contract Page 4 of 11 r \ f 1 SECTION NO. 11: COUNTY EMPLOYEES The COURT shall hire, assign, retain and discipline all employees performing Servioes under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws and court rules including but not limited to GR 29. The COURT agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be speciflcally handled according to COURT policies. SECTION NO. 12: LIABILITY For the purpose of this Section, the terminology "COUNTYT shall also include the `COURT." (a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and . employees,,from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of . any nature whafsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit. based upon such claim, action, loss, or damages is brought against the CITY, the COUNTY shall defend the same. at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of f governmental or public law is involved; and if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of 'performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the nght to participate in said suit if any principle of govemmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and ernployees, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission , giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. , Probation Contract Page 5 of 11 ~ , (e) Each Party's duty to indemnify shall survive the terrnination or expiration of the Agreement. (o The foregoing indemnity is specffically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these , provisions were specifically negotiated and agreed upon by them. (g) The COUNTY and the CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto liability coverages. SECTION NO. 13: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COURT shall be an independent contractor and not the agent or employee of the CITY, that the CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the COURT. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COURT. The COURT shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COURT or COUNTY for any purpose. SECTION NO. 14: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT - The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 16: ALL WRITINGS CONTAINED HEREINIBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agrezment shall be binding upon the PARTIES hereto, their successors and assigns. . Probation Contract Page 6 of 11 ~ ,l SECTION NO. 17:* DISPUTE RESOLUTION Any dispute befinreen the COUNTY and CITY which cannot be resolved between the COUNTY and CITY shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7_04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. The PARTIES acknowledge that the provisions of this section are not applicable to the COURT. GR 29 precludes the COURT from delegating any of its administrative duties addressed in that rule to the legislative or executive branches of government. The COURT agrees, however, in the event of a dispute with the CITY to meet and in good faith attempt to resolve the dispute. ~ SECTION NO. 18: VENUE STIPULATION ' This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation - and performance. Any action at law; suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 19: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegat, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in ' :conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith -and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 20: RECORDS All public records prepared, owned, used or retained by the COURT in conjunction with providing Services under the terms of this Agreement shall be deemed COURT property and shall be made available to the CITY upon request by the CITY Manager subject to the attomey client and attomey work product privileges set forth in statute, court rule or case law. The COURT will notify ~ i Probation Contract Page 7 of 11 the CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such ~records as well as the COUNTY'S response thereto. SECTION NO. 21: HEADINGS . The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case any Party fails to perform the obligations on its part to be perFormed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY/COURT which render legally impossible the performance by the COUNTY/COURT of its obligations under this Agreement, shall be deemed not a default under this AgreemenL SECTION NO. 24: FILING This Agreement shall be filed by the COUNTY with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue=reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good fa'rth to achieve a mutually agreeable resolution in a timely fashion. Probation Contract Page 8 of 11 . ~J SECTION NO. 27. COMPLIANCE WITH LAWS The PARTIES shall observe all federai, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under laws. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON PHILLIP D. HARRIS, Chairman , ATTEST: . CLERK OF THE BOARD TODD MIELKE, Vice-Chairman • Daniela Erickson MARK RICHARD, Commissioner DATED: SPOKANE COUNTY DISTRICT/MUNICIPAL COURT By: _ ' . its: DATED: CITY OF SPOKANE VALLEY: ATTEST: David Mercier, City Manager , Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: r- ~ Cary P. Driskell, Deputy City Attomey . Probation Contract Page 9 of 11 EXHIBIT 1 Probation Services shall include, but not be limited to, case management as directed by the Spokane County District Court for gross misdemeanor or misdemeanor offenses constituting a violation of a state statute and/or of the City's ordinances committed by an adult within the City of Spokane Valley. Case management includes the monitoring of cases in pre-trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders, reviewing the court's probation orders, consulting with various service providers another criminal justice entities, tracking criminal activity, and refercal for appropriate services. Probation Services shall also include verification of an offenders' compliance or non-compliance to COURT. ~ Probation Contract Page 10 of 11 EXHIBIT 2 The COURT establishes probation fees under RCW 10.64.120. These fees are imposed upon all individuals whose cases are assigned by COURT to receive Probation Services. The fees are collected from defendants placed on probation. CITY shall not pay COUNTY or COURT for any Probation Services provided by COURT through the Court under the terms of this Agreement. Instead, the CITY agrees that the COURT, through Spokane County Probation Services Department, may impose and collect those fees deemed appropriate by COURT under RCW 10.64.120 from individuals receiving probation senrices. Additionally the CITY agrees that the COURT/COUNTY shall retain any and all fees collected from individuals Rarticipating in such program that are imposed during the term on this Agreement. In the event that this Agreement is terminated or not renewed, the CITY agrees that any probation service fees ultimately collected by the COURT or other collection body that were imposed during the term of this Agreement shall be tumed over to the COUNTY/COURT. The COUNTY and CITY acknowledge that from January 1, 2005, through the date(s) of the execution of this Agreement, they had been using a different methodology to compensation the COURT for providing Probation Services to the CITY. That methodology was set forth in an agreement entitled °Interlocal Agreement for Probation Services for the City of Spokane Valley (April 1, 2003-December 31, 2004)," hereinafter referred to as' the "Interiocal Agree'ment," executed under Spokane County Resolution No. 2004-0042. That Interlacal Agreement terminated December 31, 2004. Upon termination, the COUNTY and CITY agreed to continue to use the same methadology to compensate the COURT for Probation Services until a new agreement was executed. Accordingly, the COUNTY and CITY agree that as the date of this last signatory of this Agreement, the new methodology 'set forth herein shall supersede the methodology within the Interlocal Agreement. r ~ Probation Contract Page 11 of 11 . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Rxtification of City Nlanaser's Autliorization of Expenclitiu-e for Spokane Valley Chamber Promodon of City of Spokane VaIley and Lago Use . GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: City of Spokane Valley logo was registered with the Washington $tate Secretary of State July 1, 2003. It has been Council practice that any outside use of the City's logo must receive Council approval. BACKGROUND: _ . ~ OPTIONS: - RECOMMENDED ACTION OR MOTION: Ratify City Managers approval of expenditure of $325.00 to the Spokane Valley Chamber of Commerce for City of Spokane Valley promotion through the Chambers Map, with funding from the General GovernmenYs Economic Development Fund, and ratify use of the City Logo for that map promotion. BUDGET/FINANCIAL IMPACTS: $325.00, from Economic Development under General Government STAFF CONTACT: Dave Mercier ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 8/09l05 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business x new business Q public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Amendment to SVMC 2.25 GOVERNING LEGISLATION: RCW 35A.13.080 and SVMC 2.25.010 PREVIOUS COUNCIL ACTION TAKEN: Appointment of a City Manager under RCW,3,5A,13 and enactment of SVMC 2.25. BACKGROUND: The City of Spokane Valley operates under the Council-Manager form of government wherein the City Council retains legislative--authority and the City Manager - exercises all administrative responsibilities, includ'rng -the -power and duties "to appoint and remove at any time all department heads, officers, and employees of the code city..." Spokane Valley Municipal Code 2.25.010 (City Attorney) provides, in part, that °This office shall ; be filled by appointment by the city council upon the recommendation of the city maqager." HencQ that provision of the SVMC is in conflict with the provisions of RCW 35A.13.080, which vests appointment authority with the city manager. In lay person's terms, state statute trumps local ordinance. Following a best practices approach, deficiencies in the municipal code should be corrected promptly. The proposed ordinance amendment will eliminate the contrary provisions in SVMC 2.25.010. OPTIONS: 1. Advance the ordinance to a Second reading. 2. Choose not to advance the ordinance to a sECOnd reading. 3. Suspend the rules and approve the ordinance as presented. RECOMMENDED ACTION OR MOTION: To suspend the rules and approve Ordinance 05- 024 amending Spokane Valley City Code 2.25 BUDGET/FINANCIAL IMPACTS: No unanticipated impact on the city budget. • STAFF CONTACT: Dave Mercier and Nina Regor . ATTACHMENTS Draft Ordinance 05-024 ~1 ~ i~ . C1TY pF SPOKANE VALLLY SPOKANF CUUNTY, WA_S1MNGTQN ORDP~ fANCla NU. 05-024 AN URDi.1~7ANCE OF TRE CIl'Y (7F SPOKANE VAi.,T.,.EY, SPOKANE COLTNTY, VVASI3ING'1'OIY, AME\rD1NC: SPOKANL VALLEY l191JNIC-IPAL CODE 2.25 CREATING THE (7FFiCC, FSTAt3LISHTNG Dl1TIES AiND YROVIDING FOIt AI'PQT~t'1'MENT OF CTTX Al f()RNFY. WWFREAS. RCW 35A.13.090, Cotuicil may create sueh deparUnents, as it fiincls necessa.ry or advisable; and ' NVHERFAS, RCW 35A.13.080 delegates the powers and duties of the City vlanager to appoint and remove aC any time all dcpirlment heads, offcers, and employees; and ' 4V14EREf1S, the City Council clesires to pi-escribe Ghe powers and duties for the Ciry attorney pursuant t:o RCW 35A.13.080. NOW; 1'H:EREi'ORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do erdain as follnws: Sectiun 1. Inter►t. Il is the intent of the City of Spokane Valley to hrinD City code provisions into confornlity with state law requirements relating to the powers nnd duties of the City Manager. Scction 2. Amendment to Spokane VaIlev Munieipal Code 225. Spokane Valley Municipal Cocle Section 2.25 sFiall be amended to rcad as fnllows: Section 2.25.010 Office Created. The City Counci] hereby creates the offce of the City ~ Attomey. This offiee shall be filled by appoinhnent by t-he City vlanager. - Section 2.25.020 Duties. `I'he City Attorney, or a designated repressntative, shall: A. Advise the Giry Mlnsger, City Council and cmployees in all leoal matters pertaining to the busine,ss of the City of Spokane Valley. B. Represent the City of Spokane Valley in all actions brought by or against the City of Spokane Valley itself and/or its pfficials vid employees in theie official eapacity, and shall perforni such o[hcr duties as the City Manager and/or City Council may direct. C. Attend sll rcgulzjr and special mcetings of the City Council unless o[herwise excused-by zhe-Fitj- Gotrnca-1. . D. DrafZ; review and approve ordinances, resolutions, contracts and nther legal instruments and documencs. E. Yerforni such othcr cluties as may be assigmed or prescribecl by the laws of the State of Washington and the ordinances of the City of Spokane Valley. I Ordinauce 05=424, Amending SVIviC 2..25_Cicy Attornev Paee 1--a-f-2 SecEiun 2.25.030 Qualifi cations. The City Council and the City Manager shall confer in order to establish quali6cations for the positions of City Attorney wifh such qualifications approvcd by Kesnlution of the Council. Section 2.25.040. Contract. '1'he City of Sp4kane Valley miiy also eiiter into contracts for additional leaal services upon sueh terms that as are reasonable ancl just. Section 3. Severabil_ity. lf any section, sentence, clause or phrase of Chis ordinance shall be held to be invalid or uncaistitutional by a couit ofcompetent jurisdiction, such invalidity or unconstitutionality shall noC affect the validity or constit:utionality of any other section, sentcnce, clause or phrase of this orclinanc.e. , Seetion 4. Lff'ective L7ate. This Ordinance shall be in fiill Coree and efiTect on the official date of incoiporaeion provided publication of this Ordinanc.e or a summary therenf oceurs in the o"fficial newspaper of thc City as provided by law. Approveci by ihG Clty Council of the City of Spokane Valley this day aP 2005. Ivtayor, Diana VVilhite A1°L'FST: ' City Clerk, Christine Bainbridge . Approved As To Form: Deputy City Attorney, CaryY. Driskcll laace of Publication: Cffective Da[e: . i ~ dinarLee 05_02~~mettditlF SV,%,fC 2.25~Ci~y_ACtpmcv Page 2.1f 2 ' CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 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: Proposed Resolution 05-415, Creating Senior Plans Examiner and Senior Permit Specialist Classifications and Job Descriptions for the City of Spokane Valley GOVERNIPIG LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: At the April 5 Council meeting a presentation was given regarding the Commercial Development Permit Process. An update on Development Process, Fee Structure was given to Council July 19, 2005. The update included a presentation and discussion regarding a multifaceted approach to making needed changes. . ~ BACKGROUND: A thorough review of the Commercial Building Permit Process has taken place over a number of months. As staff has reviewed the development processes, beginning with the.commercial building permit process, we have identified a few staffing improvements. One was a project coordination function in the permit center. The second is the creation of a. supervisory position in the Building Division to oversee plans examination, building inspection and ROWlconstruction inspection. The attached memorandum provides background information on the two positions. OPTIONS: Approve Resolution No. 05-015, or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 05-015, creating aSenior Plans Examiner and a Senior Permit Specialist classificatiomand position description. BUDGETlFINANCIAL IMPACTS: Existing authorized FTE would be transferred into the positions, so costs would be incremental, reflecting Grade changes. Sufficient funds are included in the 2005 budget. , . STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS - 1. Draft Resolution No. 05-015 with attached position descriptions ~ 2. Background Memorandum 3. PowerPoint Presentation DTZA YI' CITY pF SPQKAINE VALLEi Y ST.'OKAN'E COUNTY, WASAWCTOlY RFSOi.,UTIUN NU. 05-015 A I2E, SOLT.7TI0N CREATING A NEW UN'TPLQYF.F, CLASSIFICATION r1ND .TQR llESCRIPTION FnR Ta_T_F POS1T10NS OF SENiQR PFRIN-11T SPECIALIST, AND SEiVIUlt YLANS EXANI.INFR, FOR THH, C1TY ()F SPQKA.NF VALLFY. )XrHEEREAS, the City Cauncil frotn time to lime must create new employment classifications and adopi eonditions of employment for-those nccvly-created classifications; and NVHERBAS, the City Council adopted Spokane Valley slilunicipal Code provision 2.50.070, which, in part, provides that p4sition classifieaiions and job descriptipns shall be developeci for new positions; and WHEREAS, lhe City Cnuncil through Re•salution No. 03-031 adopted job descriptions for City ' positions; and \VI-1TRFA8, since adoptinn of Spokane Valley vtunicipal Cocle 2.50.070, the City Council has created various new cmployee classifications; - NOW THEREFORE, be it resolved by dhe City Council of the City of Spnkane Valley, Spokane County, Washington, as follnws: Section 1. New EmuloYec Classifcation and Position Description for Senior Permit ~ Speeiali3t. The City of Spokane Valley creates the new employee classification of "Sen , ior Permit Speeialist," and adopts the position description for the position of Senior Permit Specialist, attachetl hcreto as t\Ctachment 1, as if fully set forth herein. This job description includes a pay grade classifcation of 14. Secliun 2. New Employee Classifieation i-ncl Position I7escrintion for Senior Plans Examiner. The City of Spokane Valley creates the new employee classification of "Senior Plans IC-xaminer," and adopts the position description for the position oP Senior Plans Ex•uniner, attached }iereto as Attachment 2, as if fiilly set forth herein. T}iis.job description includes a pay grade classification of 16. Section 3. Remaining Job DGSCrip[ions Unchanged. The rettiainder of the job descriptions cnneained in Kesolution No. 03-031 as adopted or amended remain unchanged by this action. Section 4. Effective 17ate. `I'his Resolution shall be effcclive upnn 3doption. Adopted this day ofAuntist, 2005. City of SpokFUie Valley ATTEST: Mayor Diana Wilhite City Clerk, Christinc 13ai.nbriclge Resolution 05-015 Sr Pcrmit Spcc;Sr_Plans Examiner Attnchment 1 to licsolution Vo. 05-015 --DR.A.H"I,-- • crTY oF sPOKANE vALLEx POSITION DESCRIPTIOiN Class Title: Senior Permit Specialist Job Code Nuinber: 445 Department: Community Development Grade Number: 14 ' Divisicm: I3uilding FLSA Status: Non-LYempt Jaate: Location: City Hall GENERAL PiJR,P()SE , Plans, organizes, direets and evaluates Nvork activities involved i.n issuing and accepting applicaiions for development related and iight-of.-way perniits. SiTPERVISION RE CE1VLll Works under the general supervision of thc Building Official. SUFERVISION EXERCISED . Serves a.s A lead worker. Ivlay provide fiuictionzl supervision to Permit Specialists aud othcr staff as assigned. ~J ESSENTIAL DUTIES AND RESPnNSIBILITIES Serves as a lead worker over I'ermit Specialists; provides leadership and direction in the daily pperations oF the permit center; en.sures the flow of work within the permit center is completed in accordaiice Nvith establishecl procedures; coordinates pernut center ackivities with other divisions, departments and agcncies as required. Oversees tlie approval process of coinplex penuit applications, especially f.or commercial • building permits. Coordinates pre-application conferences; serves as staff liaisoii between che applicant, consultants, Cify staEf and other agencies; organizes information of a professional and/or technical naturc. Oversees the etfective use of the automateci permitiing system; develops, recommends and implements approved perniiC syscem changes io make processes more eff cient and ef.fective; wor.ks with information tech.nol.ogy sta_ffor consultants to make operating revisions to the system in a timely mauner; trains staff oii the system. - ~ Provides general building, zonuie, land use And related code infomiation and applicaCion f'orms tn pemiit applicants and the general public, and provides guidance in completing them. Providees technical support and assistancc to applicannts, consultants fuld staff from the City and other agencies on procedural 'uifonnation, submi.ttal requirements, code inlerpretations and solutions to site-specific problems. • Position Description: Seiuor Pennit Specialist , 1 Screens, reviews and approves cnnstruction and land use plans aod applicatians acccptcd by staff for consistency of cnde interpretations, subtnittal requiremenLs, and tEChnical information provided to the applicant. Provides detailed azid accurate i.nformation regarding the eYistence, location, type and . extent aPpublic improveinents such as streel, sewer hydrants, water mains and services, sidewal_1:., curbs, pavemcnt and ottieis. - Maintains accurate and timely records of the permit process; inPuts, maintains and campilcs avariety of data nn pennitting activity, such as the nuinber of•'permits by typc, valuation, permit fees, review time, problem areas, conditions i.mposed and actions taken. Responcls to customcr couiplaurts and inqui.ries, and resolves customer service issues, either per5anally, by telephone or in vvriting; maintains records and docuinents of cuslomer servicc issucs aud resolutions. Prepares and oversees the rnaintenancc and storage of records, fi.les and Iogs related to pernut issuauce. Recommends clia.nges to codes, rules and regulations based upon common problem areas and building issucs. PLRIPI-IFR.f1T., DUTIES - ' Performs building inspection and plans examination duties in a back-up capacity. Assists in assigned addresses for new and existing properties. - Scrves as a ulembez of various staff committccs as assigued. Fer.f'ornis other similar and related duties as assib ied. Nl1iV1MiTM QUAI.,TFI.CATIOn'S . Required Qualifications . . A. Gradua.t.ion &om a standard senior high school or GED equivalent; supplemented by twa (2) years of post-sccondary college or technical instruelion in building technology; architecture, urban planning, conslruc;tion managemcnt, mcchanical, plumbing or building uistruction; and • B. Five (5) years of experience in general construction or related f elds; or C. Any equivaleiit combination oi' education and expericnce which would demonstrate the individual's knowlcdge, skill uid ability to perrorni the essential duties and responsibilities listed above. NFCESSAKY TG1`O`VLEnCE, S.K.I:1.,GS A1`D ABILI"T'TES A. Considerable l:nowledge of International Cocies; working knowledge of general land use development and ~r.oning regulations; working knowledge of building Positiou Descripfion: Senior Permit SpECialist 2 administration; considerable knoNvledge of manual and chmputeriz,ed record ~ J keeping systems. , B. Knowledge af'City-ioninb ordinances, buildinb codes a~id specializcd rEgulations related to a variety ofpernuts; faciuliarity uritti standards and specificalions for street and sewer improvement plans. . C. Abiliq, to establish effective working reldtionships with employees, contractors, . developers, architects, engineers, owners, aiid the general pub1_ic; ability to read and understand cQmplieated plaiis aiid bluepruits; atiility to com.uiuiucate effectively verbally and in ~vriting. D. A key value of the cilt), is customcr service. This position requires considerable laiowledge, ability and skill in the principles and practices Uf excellent custnmer service as practiccd in both the private and public sectors. It requir.es the abiliry to ' - effectively mect and deal with lhe public, the abilicy to handle snessful situations; thc ability to greet and respond to customers in a f'riendly, pleasant aiid profcssional manner using appropriate inf-lection, granimaT and s}mtax; the abilit), to establish ancl maintain effeetive working relationships NviCh the employees, supervisors, and the general public; the abilily to maintain a proFessional, . epurtequs, and pleasanf demeanor in difficult aiid stressful situations; and the ability to diplomatically deal with difficult people. Awillingncss to cYpend extra effort to hElp the public find answers or information relative to their inquiry or eomplaint is expected. ~ ~ , SPECIAL RFQiITRF]VfENTS Must possess avalid State driver's license or have the ability to obtain dne Prior to • employmcnt; nTinimuni certif calion at the Lime of employment: at least one ICC Certificate verifying technical abilities in Lispection or Plans Esainination. TOOLS AvD EQUIT"MfE \i1 USEll Personal computcr and associated office sofiware; including word prqcessing and spreadslieet; automated pcnnittine software; gcneral office equipment. PHYS1Ct1L DENIANDS '1 he physical dcmatlds described hcre arc represcntativc of those that must be met by -an enaployee to successfully peri'orm the essential funccions of the job. Reasonable accornmodations may be made to enable individuals with disabilities to perforni the essential fiinctions. The fiuictions arc mostly sedentary but may involvc somc amount of time standing, sronping, kneeling, bencling, li:Ring, walkijig, carr}jing, mld reaclung, while filing ancl ' ather duties. Some outdoor wark is required in the inspeetion of various land usc ~clevelaprnents, constructian sites. Hand-eye coardination is necessary lo operate Position Description: Senior Pemut Specialist 3 ct»iiputers ancl various pieces of office equipmeni. Extensivc -wrist anci hand movements relateel to eomputcr kcyboa,rd, calculalor, 10-key, copicr, and t}rpe«n•iter work.. Employee musl occasionally lift mid/or move up to 10 pounds. Spccific vision abilities required by this job includc closc vision, distance vision, color vision, pcripheral vision, depth perception, and the ability to adjust a.nd focus. WORK TNVTt20NMEVT The work environmcnt characteristics described here are representative of those an ernployee encounters whilE perforuiiug the essential functions of this job. Reasonable accpmmodations may be tnade to enable individuals with disabilitics to perform the essential functions. Wlule pecforming the dutics of this job, the employee occasionally works in outside weather conditions. The employee is occasionally eYposed to wet and/or humid conciitions, or airborne particles. The noise level 'ul the work environment is usually quiet in tlie office, and uiaderate in the field. SFLFCTIQnj GUIDEL1NES Formal application; ratuig of education and experience; oral intcrview and reference check; job-related tcsts may be required. ~ °1"he duties listed above are intencled only as illustrations of the various types of work that may bc performed. The-omission of specific statements of duties does not exclude them from the position if the work is similar, relateci or a logical assigcunent to the position. The job description does not constitiitc an emplo}qiient agreement between the employer and employee, aild is subject to change by the cmplayer as ttle needs of the employer and reyuirements aFthe job change. Approval: Approval: Human Resources vTanager City Manager Effective Date: Revision Hislory: _ .i Position Taescription: Scnior Pertnit Specialist 4 Attachment 2 to Resolutian No. 05-015 ~--DRATT-- , CITY OF SPOKAN:F VALLEX . PosITIoi DEscxIPTioN Class Title: Senior Plans Examiner Job Codc iNumbcr: 17epar[tnent: Conununity laevelopmenl Grade Number: Division: 13uild'uig FLSA Stalus: F•xempt DatE: Location: City Hall GENE1tAL PUR1'OSF, Oversees and per#'ornis a variety oFroutine and complex technical .vork in the review and approval of plans and specificatipns, ensuring c4mpliance with building; mechanical, pliunbing and related code requixement:s and pCher regulations, in-the design and constniction of building projects. SUPER.VTSTON RFCFIVFD Worlcs under the general supervision af the Builcling Off cial. SiTPERVISION EXEKC1SL1) Exercises supervision over 1'lans LYa.muiers, Buildulg Inspecfors Imid iT, ROW/Construction Inspcctors a.nd other persoiuiel as assigned. ESSENTiAT, AUTTFS AiND RESPQNSIBILITIES Manages and participates in the development and implcmentation of „oals, objectives, ' policies and prioa-ities for assigned programs; recommends and aclministcrs policies and - procedures. SElects, cra.ins, evaluates and disciplines persoruiel, and resolves einployee grievances. . Determines work procedures, prepares work schedtdes and expedites workllow. Issues xvritten and verbal instructions. Assigns duties and e:canines Nvork for eYactness, nealness and conformance to policies and procedures. Counsels einployees to unprove perf'ormance. Studies and standardizes procedures to unprove efficiency of subordinates. Oversees anci parlicipates in thc developmcnt and administration of ttie Building _ ]aivision's annual budget in arcas of responsibility; participates in ttie forecast of funds nccdEd for staffing, trauiuig, equipment, materials, supplies and projects. Coordinatcs activities with Building Division staff', other divisions and deparlments and outside agencies. Revie«+s cnnunercial and residential construction plans and cngineering calculations of sCructural, mechanical and arcfutectural compouents to ensure compliaiice with a11 applicable codes, m1d recomme»ds methoci of compliance to meet the intent of each Position Description: Seiuor Plans Exaaniner 1 relate,ri item. Keviews building, site, utility and othcr plaais to cleterminE compl.iance with applieable codes, wid provides conunents r.egarding necessary revisions. Reviews and evaluates proposexi building plans and specifications blueprints to iiisure that proposed construction complies with builduig, plumbing; mechaniGal, fire, environuien.tal, fl4ad hazard, design; energy, banier &ee requirements, landscape and . clearing, grad'ulg, iilling and related endes. Applies valuations and pennit costs for new projects ba,sed on code.s, regulations and policies. pn occasion, perForms residential, commercial and industrial on-site uispections at various stages of eonstniction, alteraliAn and repair to assure compliaiice Nvit11 City codes ancl orduiances, safety standards and state and national codes and reeulations, including the International Codes and Uniforni Plumbing Code. Writes detailed correction notices whenever code violations are discovered cluring inspectipns. Assists arclutects, engineers, coutractors anci the public by discussing and cxplaining building code requireinenl:s; provides informatinn regarding materials requirements, common building, inspectiou processes and explaius local ordinances. " Researches probleins and complaints regarding commercial and residential buildings, . building construction and code compliance. Resnlves compleY and sensitive customcr service issues, cither personally, by telcphone or in -wriling. Maintains records and documents of custoiner service issues and resolutions. - ~ PERI:YHERALL ni1TIES Kccps abreast of Erends and developments in the field of plan review ancl building inspection. Recammends azici implements changcs to programs in areas of responsibility in response to changes in state legislation aiid protective codes. Scrves as a member of various staff committees as assigned. l'erforms other siniilar and related duties as assignecl. MTNIA7UVI QUALTFTCATIONS Required Qualifications A. G-raduation from a staudar.d senior high school or CtED equivalcnt; supplemented by two (2) years af post-secondary college or technical iivstniction in building tectuiolo;y, constniction cnuiagement, mcchfuiiGal, plumbing or building c•nnstruction; and B. Five (5) yeais ofexpcricnce in general construction or related 6elds; or C. Any equivalent combiuation of education and experience whieh 4vould demonstrate the indiviclual's knowledge, skill and ability to perform the essential duties and responsibilities listed abovc. , . ~ Position Description: Seiuor Plans Fxaminer 2 i~ NLCGSSA.RY KNOWLEDGF, SKILLS AND f1BILITIES A. Thorough knowled ;e of Interuational Codes and iJniforn~ Pltunbing Cocie, and skill iu applying that knowledge; wqrking knowledge of zoning and land use regiilations. B. Ability to establish cffective worl:ing relationsb.ips with employees, contractors; developers, ai'chitects, cngineers, owners and the general public; ability to read and uncierstand complicatcd plans and bluepruits; ability td communicate _ effectively verbally and in writing. C. A key value of ttic city is customer service. This position requires considerable ' knnwledge, ability and skill-in the principles aiid practices of excellent customcr . service as practiced in both the private and public sectors. it requires the ability to effectively meet and deal with the public; the abilit}, to liajtdle stressful sittiations; the ability ta greet and respond to customers ui a friendly, pleasant and professional manuer using appropriate intlcction, gratnmae aud syntax; the ability . to cstablish and mai-iltain effective working relationships with the emPloyees, supcrvisors, aud the general public; lhc ability to maintaui a professional, colirteous; and pleasant demeanor in diff•icult and stressful situations; ajid the abilily la ciiplomatically deal "rith difficult people. Awillingness to expend ertra effort ta helP the public find answers or in.formation relative to their inquiry or complaint is expected. ' C-~ SPFCIAL REQUIREMEN1 S . Must possess a valid State ciriver's license or havc the ability to obtain one Prior ta employinEUt; Mi.nimum cerliCcation at the time of etnployment: ICC I3uilding Plans Examiner, 1CC Building liispector; Other desired certificatiou: ICC Accessibility Inspeclor/Plans Examincr, ICC Fire Inspector, ICC Mechanical Inspcetor, 1CC or IAPVIO Plumbing Inspector. TOOLS AND TQUIPMENT USED , Personal computer, including word processing and peruutting softvvare; general affiee equipmeirt. PHYSICAL llL•MANUS '['he physical demands described here are representative of those that must be met by mi employee to successfully Perform the esseniial functious of the job. Reasonable aceommodations may be iuade to enable individuals with disabilities to pcrform the - cssential fuiictions. Position Description: Senior Plans Examiner 3 The fiuictions are inostly scdcutary but may involve some amount of timc stand'uig, 5t'qoping, l:neeling, bcnding, lifkijia, walking, canying; and reachin;, urlule filing and other duties. Son1e outdoor ~vork is required in rhe inspection of various lanci use cievelopments, eonstruetion sites. IIaiid-eye covrdination is necessary iu operate computers a,ud various pieces of officc eqiupment. Extensive wrist and hand movcmcnts relateci to computer keyboard, calciilator, 10-key, copier, and type,,vTiter work. Employee must occasionally 1ift a»d/or niove uP to 50 pounds. Specific vision abilities required by this jGb includc close visiou, clistauce vision, color vision, peripheral vision, depth pe.rception; and Che ability to adjust and focus. WUKK LNV11Z0NMT.NT °l"he work envir.o»nient charae.teristics described hcrc are rcpresentative of those an eniployee e»counters while performing the essential fiuictions of this job. Reasonable accaminodations may be made to enable individuals with disabilities to pcrfonn the . essential functions. . NVhile performinb the ciuties of ttus job, the employee occasional.ly works i.n outside ~veather conditions. 1 he employee is occasionally exposed to wet and/or humid conditions, or airborne particles. The noise level in the work environment is usually quict in the officc, and moderatc in the f eld. . SFI,.FCTiQN (:t,JTDFLINES Fornial application, rating of education and expcricncc; oral interview and reference check; job-related tests may be required. . . "I°he duties listed above are intended oiily as illustrations of the variaus types of work that may be perfarmed. "t he omission oP specific staternents of duties does not exclude them &orn the position if thc work is similar, related or a logical assigrunent to the position. The job description does not constitute an employmcnt agrecment bcriween the cmployer and employee,- and is subjcct to change by the employer as the needs of tlie einployer aild requirements of the job chaube. • Approval : Approva1: . H.uman I2esources Vlanager City Manager F~Ffective Datc: , 12evision I-Iistory: Position Description: Senior I'lans Examiner 4 Q7'1' t) • ,;oolOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 • 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: City Manager David Mercier and Members of Council , From: Nina Regor, Deputy City Manager . Date: August 9, 2005 Re: Senior Permit Specialist and Senior Plans Examiner As staff has reviewed the devclopmeiit processe.s, beginning -with the commercial building peiinit process, we have identified a few Staffing improveinents. One was a project c;oordinalion fiusetion'in the permit centcr. The secand is the creation of a supervisory position ui the Building Division to oversee plans eYamination, building inspection and ROW/construction inspeetion. The purpose of this memo is to provide backgrotuid informalion on the Building 17ivision, focusing on these two positions. , Summarv of thc BuildinF_ Division . The Building Division resides wichin the Conununicy Dcvelopinent Department. lt includES the permittinp-, plans eYamination, inspecting (building and right-of-way) and cUde compliance functions of the City. As currently organized, the Building OCficial, whn reports to the Couunun.ity Development Director, dircctly supcrvises twelve employees (177F). A direct reporting rclationslup typically should be no more than five' to seven 177E. Sta_ff reconlniends two organizational changes to improve this structure. The tirst recommendation is to take nne of lhe existing Pcrmit Specidlist positions and convcrt if inta a Scnior Permit Specialist. Iliat position would be a lead worker over thc other three Pemiit Specialists. The second recomniendation is to eonvert our existing Plans Fxa.cniner FTL incd a newly created Senior Flaus Lxaminer position, wluch would supervise plans eraminatiou as well as building and right-of-way inspcctions. These nwo chatl;es would free up some nf the IIuilding Ofi•icial's time to focus on Division-wide responsibilities, such as creation of operating polieies and procedures and developmendrevision of certain building-relatEd ordinuices or programs. It would also identif}, two employees to facilitate for applicants a smoother navigation through permitting Fuid coiLStruction processes. The fQiloNving organization chart sho-ws the proposed revised structure. Senior Permit Spe.cialist and Senior Plans Examincr, coiitinucd • , Aubust 9, 2005 Pagc 2 of 4 . . . . \ City of Spokane Valley ~ . •:Propaged Su11d4ng,Divi9ion Organiza;ion • . . , -:`nugust 9,:2fl05 , . . . . 'A - cc-.~it~l~..vkp~ ' . . K ` LM'[CM( > y t Co~¢Eni~ee-w EP~aISt . t ORarR~~J ' x. A~t x C ~ :1 v P.su-skrl t' `i L v Fcerti6t~tlls ~ ~ ~ ~;i aJ~ 13F:EI tl:,' . r • ev, liirc Im(enn L ROHYC<ful ' . i. , 4 . , <3FTE) ImPermr(2FTE7 . !;t'• % . . < l- ..z : a': Building.Oiciat Direct ReporEs Sr`Plars Exammer Darecf Reports: ~ ' 6rFi.ns'e,a hc LOFTE ( ; .,i' . " ; r f carAx ticrl - I.04'd!'f . • ~ . . 1 9vkL- cclr. p rc,9 ],OFiE ' i. ' - J wrFlh :~v.,i: bd . . . : ] ~pYT; ' . ` Ld/AC:nm~ Ilup!¢9f f F7E . .•CaleEnluoem..m.OKmr• 20 Fit • ( 7fIXat . . _ . FJI c i E. ~ k _ . j ;ctal _t.,..._.....,,L.... .1~~~ ~ . .1.....a...._.,.,..::...._..~.........._....,.._..,...._.._.. ~ n .i~- . . . . , . Uncler the proposal, the Building Official would continue to directly suPervise seven - FTE, while the Senior Flans Examiner would directly supervise five F'I'E. FolloNving is a description oF the two positions, beginning with the Senior Plans Examiner. . Senior Plans E:xaminer - The Senior Flans Fxamiiier would oversee the plans exam.i.nation, builduig uispection and ROW/Cpnstrucl•ion inSPeclion Funciiqns of the Building Division. This is a new cki.SSification F'or lhe City. The existing Plans Examiner cla.ssi(icatiUn resides in CTrade 14 of the City's classification matrir ($40,296 -$51,660 per year), and shaees that Gradc %vith t11e F3uildi.ng [nspector II anci the R.0`V/Construclion Inspector, among others. When considering placcment on the classification matrix, staf.F tyPical ly looks at tlie A`VC salary survey, local jurisdictioiis and, if applicable, pi•ivate sector comparables. ' The Senior l'lans f: xaminer position does not have a elose match in the private sector. Candidates caui come to the position xvith private sector coiistruction, architecture or engineering backgrounds; however; the privatc sECtor docs not have the regulatary runceian incorporated into a positian to which we ran compare. ' Senior Permit SNecialist and Senior Plans Exaitiiner, cantinued August 9, 200; Yagc3of4 Staff proposes transferrinD the current FTE auchari-_ation fro►n the Plans Exaniner to the Scnior Ylans Examiner classification. At our current staf~ing level, the Senior Plans Examiner would retaui the direct responsibility for all of the plans examination tasks. The current Plans Eaaminer classificatioii would remain active far potential future use. As a result of ttus combination oi" TTOnt-line and supervisory responsibilicies, ther.e is no close niatch in the public sector. The 2005 AtiVC salary survey shows an annual average of S49,030 -$61,928 for the Flans Fxasnuier position; however, the positions were not supervisors. In contrast, Sppl:ane Valley's clraft position includes the supetvision of mliltiplc functions - plans examination, building inspection and right-of-way/ construction inspection. Staff also compared lhis positinn to ttie organization stnicture in the City of Spokane aud Spokane County. Neither combines supervisory assignmencs with Plans eaanuilation. lhe City of Spokane's annual. salary for its Certified Plans Examiner is $50,844 - $62;892. Spokane County's salary range is less than Spokwie Valley's eYistuig Graclc for the Plans Examiner, Buil_duig Inspeetor II anci ROW/Construetion Icispector. StafFrecommends Plac'vig the Seuior Ylans Examiner position at Grade 16, with an annual salary of $49,740 -$63,768. Grade 16 i.ncludes the Accolurting vlanager, which is a supervisory position; the Senior Plaruier, w1ucli has lcad worker responsibilities; and the Engineer, which is non-supervisory. Senior Yermit Specialist The Senior Permit Specialist is a new classifiGation. No ncw FTE is recommended; instead, staff proposes transferring the F'T'F authorization from one of the iour existing Ferniit Specialists iuto ttus classificali4n. The Senior Pennit Specialist Nvould be a lead worker over the thrcc remaining Permit Specialists, responsible for overseeing the day-to- day operations of the permit center. Other direct responsibilities include: , • Shepherding the more eomplex clevelapinent-related permits th.rough the process, coorcl.inaCing the technical information ancl requirements of otller City .17ivisions and Departments, as well as otlier agencies; • 'Mork.ing xvitti information technology staff and consultauts to update and maintain the automated permitting system; anci 0 Cress-training staff on permitting fiuictions. The existing Femut Specialist classifieation resides in Grades 11-12 of tfic City's classification matrix, and shares tliose Grades with the 0ffice Assistant II; the Administrative Assistant, the Accountuig Teclmician and the Maintenance Worker positions. The annual salary of the nwo Grades ranges from a muumtun of $29,376 (Grade 11) to a maxi.mum of $41,844 (Gradc 12). ~ Senior Permit Specialist aiid Senior Ylans Examiner, continucd August 9, 2005 Pagc 4 of 4 ~ . As witli tlie plfuis eYamuiation function, ttiere is no elear private sector comparable position, nor is therc a close tnatch in the 2005 AWC surE=ey. That survey includes bencltmark positions, not all positions t}pica] to a local govern.meut. • It does include a Building k'ermit Specialist position, NNri.th an average annual range of $37,548 -$47;496. Tlus cate;ory eyuates to our existuig Permit Specialist classification in tenns of responsibilities. 1 ollowing is a siuninary of the closest inatches from other Washiugton cities: • . ~ Ci , of S okane Yermit Coordinator $42X7 $53,024 City nf Tacoma ' Senior Permit Technician $43,619 $54,357 City of Vancouver Senior Yermit Specialist $40,42$ $51,697 Spokanc Cotuity indicated it does not have a position comparable tp the Senior Pel-rnit Specialist. Grade 14 provides the best appro:cimation of these comparables, with an annual salary range of $40,296 -$51,660. Spokane Valley's Building Inspector II and Plans Examiner classifications also reside iu Grade 14. Tlus provides good internal comparabili/y, bccause thE Scnior 1'ennit Spccialist is expected to have the same types of internal Code certifications, and be able to conciuct plans examinations and buildi.ng uispections in a . back-up capacily. Rccnmmendation Staff Recommends creating a Senior Plans Ex.aminer position at Grade 16 a.nd a Scnior Pernait Specialist position at Grade 14. New Employee Classifications: S'enior Permit Specialist- Senior Plans Examiner City of Spokane Valley Nina Regor, Deputy* City Manager August 9, 2005 , '.r ~ . . i.~ i~ . . '.4 . . ~ . . . ~ - ~ . . . . : Y , , City of Spokane Valle , ~ ~ ~ . : . Current Building.Division_Organization . , . . . S August 9 2005 2 L,, > } y 4. . { l Cammr.rnlty Oevelopmen! xti' s . oireco. : : . . : , .t ~ - . . ~ ~ . . ~ ~ ~ ~ .s ~ . • . 84711dN9 O.TICIelI * ' .,r ~ e ~ . r~ ° - • r Ga4a Enforcunent ROVJiConsUvdion BInspecior II Pcrmit SpcciaC'w Plans E~caminer {4 FTE} Offcer (2 F7E) Inspee!eI (2 F7C) (3 F7E) • v ~ . . . i 3 ~ - . ~ .x` . . . ; V' . . . ~ F, a. . ' . ~ . ' . ' - 'Y ~ ,~i >S . , ' - . . . ; . Building°Official Direct Reports ~ • i y ~ ' ` ~fane Exnnilner ~~io I-T~ . . . , . , ~ } ?ermit Speciali~cl 4,0 FTE • i . . . ' ~ , . . . . . auilding IDSyector 11.~ `3.0 FTE . ROVtiS`CC5llSifVCUO(1 Ii1SpeC01' .2.0 fTE • • ~ ~ ccuc Enjorce,nei~lornce~ a,o r-rE . . . :f ~ c~ , . j;•. . . ~ TC~,GI i~, •r: K> " ~I ~ . . . . . " -~.a+x•rL? ~ ~ `~,~~~l.rw~. t t.*` ' . . . . > . . ~ . . . . . , . _ ~ ~Nn.. - . . / . . % • ~ ~ ~V~ ~ . . . . - . ~ - . ~ . . ~ , ~ . , . > Cit of S okane Val~le` ~ Y_ p Y I ~ -Proposed.Building,Div.ision Organization . ` 'Qu4us4.9, 2005 r _ , ` . . , Community Davelopmen, y ? F ~ ' ` 4 zy = Building Of(~aal t ! 14 . , . t < ..?z • ~ ~ ~S ~ ~Y .r „ , . . . . . ~ s. t ~ . . , . . ; _ . . , , ..y... i • ~ ..~f. ,s . . . . . . , . ~ f :4 y Sr. Permit Code Enforcement ~ 'gpeda7lst Ottlcer (2 FTE) J f c t ; 2., • . . ' ' - , ,~y/~ t i.£ ~ c, ♦ • $C7il0i pl8P19 perml! SpeciaTist • j , , ; ~ . , (3 FTE) Buildi;tg lasp ectpr II t Y~RC~nst ~ inspector (2 FTE) . (3 F7E) LinRO . . ' F - . . . . . ~ Reports Sr Plans ExaminerDirect r Building Official Direct:Repbrts , • - , , ~ ~ . -TE Sr. Pi ms-E~miner ' 4.0 F''E 1nspector II 30 ~ ' u • Sr. Pcrmit Sqe~6slf"s± 7.fl FTE r y Rp~AOC s 1 clor ' 2, ' ` an t, nspe .0 FTE ! Pcri:tit Speaellsa 3.0 FTE ~ Codo Entc;cemznt OYcer 2.0 FTE } Tolel 7.0 FTE } l r ~ ~'I'o!at 5.o FTE • . . 1.. " Y ~ 2' ' . . . t . . . . . ~ , • _ • . ` ' . . S. ~ .t:.. . • . . . . . , ' . . . . . . . . . J t ~ f+- ~ ~ . . ~ . . . •S ' ( ~ ;x ~ . ' . . . ' . . - . . , ' ' ' Expected Outcome of Staffing Changes o Designates the two positions to - facilitate movement through permitting and inspection processes. o Building Official will be able to spend more time on Division-wide issues. o* Newly created positions will supervise . day-to-day workflow. 4 • New Pasitions - Sr Plans • Sr Permit 08/09105 „ , ■ • . Senior Permit Speci alist Senior Plans Examiner . o Create Senior Permit Specialist position to be lead worker over the three Permit Specia'lists. o Create Senior Plans'Examiner, which . would retain plans examiner duties as well as supervise building and right-of- way inspections. 5 New Positions - Sr Plans . Sr Permit 08/09/05 Senior Permit Specialist: - General Responsibilities o Serve as lead worker over the three Permit Specialists and Permit'Center Activity. o Provide interdepartmental and interagency coordinat:ion of cammercial projects and other . complex permit applications. _ . o Maintain and update automated permit system. o Conduct building inspections and plans review on a back-up basis. 6 New Positions - Sr Plans Sr Permit 08/09/05 . . ; ~ ~ ~ Senior Permit Specialist: 80 . Recommended Clas'sification o Grade 14 ($405296 - $51,660 annual salary) . City of. Spoka.ne Permit Coordin.ator .$4207 $53,024 . City of Tacoma Senior peimit Technician. $43,619 $545,357 City of Vancouver Senior Permit Specialist $40,428 $51,697 7 New Positions - Sr Plans Sr Permit 08109105 ' 000 Senior Plans Examiner: General Responsibilities o Supervises Building Inspectors I and II, Right-of-Way/Construction Inspectors and . other personnel as needed. - o Reviews and approves commercial and . residential construction plans and engineering calculations of structural, mechanical and architectural components. o Ensures compliance with International Codes in the design and construction of commercial and residential projects. $ New Positions - Sr Plans Sr Permit 08l09/05 ~ _ . ~ 0 - Senior Plans Examiner: Recommended Classification - _ o Grade 16 ($49,740 - $63,768 annual sala . rY) . o Closest local comparable:* City of' Spokane $50,844 -$621892 (no supervisor res onsibilities . Y p ) - No Spokane County Comparable 9 New Positions - Sr Plans Sr Permit 08/09/05 ' Recommended Council Action_ o Approve Resolution. No. 05-015, creating new emplovee classifications and job descriptions for the positions of Senior Permit Specialist and Senior Plans Exami-ner 10 . New Positions - Sr Plans , Sr Permit 08/09/05 . . CITY OF SPOKANE VALLEY _ Request for Council Action Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check ali that apply: ❑ consent ❑ old business ❑ nevr business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed 2006 Revenues and Expenditures GOVERNING LEGISLATION: State budget law . PREVIOUS COUNCIL ACTION'TAKEN: None BACKGROUND: At the August 23, City Council Meeting there will be a public hearing on projected 2006 Revenues and Expenditures. Staff will be introducing these projections to the council at the August 9, council meeting. . • OPTIONS: No action is required at this time. The public hearing on August 23, is required by budget law. We should consider testimony from the hearing before making changes to the projections. RECOMMENDED ACTION OR MOTION: No action is recommended at this time. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director i . ~ Ciry of Spokane Valley Proposed Budget - Draft ' 2006 - 2005 2006 2004 Amended Proposed Actuals Budget Budget 001 - General Fund Beginning Fund Balance (2,432,278) 3,784,250 3,784,250 General Fund Revenues: Property Taxes 8,980,837 9,870,000 8,200,000 Property Taxes - Delinquent - 185,316 225,000 Sales Tax 14,681,175 13,998,000 15,400,000 . Gambling Tax 880,153 800,000 810,000 Franchise Fees 657,083 650,000 681,750 State Shared Revenues 1,104,311 1,121,709 1,121,000 Planning, Building, and Business Reg. Fees 1,815,575 1,863,000 1,600,000 Fines and Forfeitures 1,261,955 . 1,200,000 1,350,000 Recreation Program Revenues 152,034 170,000 345,516 Miscellaneousflnvestment Interest 76,104 41,000 133;800 Interfund Transfers 34,300 207,140 247,000 Total General Fund Revenues $ 29,643,527 $ 30,106,165 $ 30,114,066 General Fund Expenditures . Legislative Branch 195,140 288,226 304,267 Executive and Legislative Support 363,622 442,867 460,105 Public Safety 14,483,635 15,909,424 16,200,000 Deputy City Manager 234,833 350,692 449,405 Finance 363,744 511,219 516,895 Legal' 195,374 262,307 243,750 Human Resources 42,182 170,383 161,120 Public Works 615,769 800,490 1,007,942 . Planning 748,112 928,006 1,095,808 . Building 694,366 801,309 1,058,876 Library 2,020,296 2,270,000 - Parks Admin 960,961 1,070,262 1,168,703 Recreation 77,333 158,215 199,475 Aquatics 249,547 255,818 299,921 Senior Center 77,726 126,592 69,269 CenterPlace 14,675 348,299 438,298 General Government 1,075,355 9,196,306 6,096,000 Total General Fund Expenditures 22,412,671 33,890,415 29,769,834 ~ . General Fund Estimated Fund Balance S 4,798,578 $ - $ 4,128,482 7128l2005 4:16 PM ~ zoos zoos- ` 20Q4 Amendcd Proposed Actuals 6udqet Budget 101 - Street Fund Beginning Fund Balance 5,050,8S5 3,307,897 3,100,000 Street Furtd RevenuCs PrapertyTaxes 203,203 - . Mo,or Fuel (Gas) Tax 1,144,237 1,203,004 1,203,000 interfund InteresE 56,694 75,000 - Itivfslment Interest - - 50.000 IntertunCTra,ysiers - 2,025,000 2,300,000 Interlund lcan Repayenent - 1,259,1US 7otal Strcct Fund Rovenues $ 1,404,134 $ 4,587„109 8 3,553,000 Street Fund Ezpenctitures Salaries, Wages, R Benelits 141,605 198,354 211,839 Suppties 5,044 13,280 16,950 Servirzs & Charges 531,737 1,000,000 935,889 Intergavernmertal PaymenL°, 2,434,537 4,424,334 2,821,134 Interfund Transfers • 34,300 167,140 1,850 Capi,al QutL3y Totol Street Fund Expenditures 3,147,223 5,003,153 3,967,250 Strcet Fund Estimated Fund Balance S 3,3A7,897 S 2~086,848 $ 2,665,750 2005 2006 ' 20Q4 Amended ProposeA Actu:+ls Budget Budget ' . i 102 - Arteriat Street Fund Begltmiiig Fund Balance 286,538 697,810 178,272 Arterial Street Fund Revenues . Mobr Fuel (Gas) Tax ' 538,975 582,465 650,0w tnvestrent Iri'erest 7,235 4,000 i0,000 Tokal Arteriel Street RcvenuCS 5 546,213 S 566,455 $ 5dU,o00 Arterial Street Furtd Exponditures CapitalOutlay - 229,603 ' - InteAund TransiErs 534,941 855,400 738,272 Tolal Arterial Street Fund Expenditures 134,941 1,086,003 738,272 Arterial Street Estimatod Fund Balance S 697,810 S 172,272 $ 0 J Ttaandos 4:16 Pr,a soos 2006 ~ 2004 Amcndcd ProposcA . Attuals Budget Budget 103 - Tra(ts 8 Paths Beglnnirvg Fund 8alance • 8,492 18,000 7rails 8 Paths Revenues 0.4otor Fuel (Gas) Tax - S,reet TransFer 8,492 5,100 5,053 Total Trafls & Paths Revenues $ 8,492 $ 5,100 S 5,053 TreOs 8 PatNS ExpontlllurCs • CapiG710uilay 17,900 23,a53 Total Trails 8 Pat1is Expenditures , 17,500 23,U53 Trafls 8 Paths Est(mated Fund Balance 5 8,492 $ 4 308 3 (0) 2005 2006 2004 Amended Propo&ed Actuals Budgot Budget ' 105 - HoteUMiotol8oqinning Fund Balance ~ 221,827 138,494 49,867 HotellMotCl RCVCnuCs WoteNdatd Tax 363,444 359,000 359,000 Investrrientlnterest 1,007 1,Oa0 1,000 - Total MotcI1.11otel Revenues $ 385,051 S 351,000 $ 357,000 HotelrlNOCCI Expenaicures InteAund Trmns[ers - 40,000 - 7ourism Promoifon 450,383 367,827 400,667 Tatal Hote!l0lotcl Expendltures 450,383 437,827 400,657 6~7 S 0 HoteUMOteI EsUmeted Fund Balance $ 138,484 49,66 2005 2006 2004 Amcndcd Proposed ActuDls 8udqet Budget 120 - CenterPlaco OporaBng Roscrvc Beg Fund Balance - - 300,000 CentorPlaco Operating RC9Crve Revenues Invastmenttnterest - - • InlWun0 Transter . 300,000 Total CcntcrPlace Operating Reserve Revenues _ S - S 300,0UD S - CenterPlace OperaNng Reserve ExpendlWros Fieserve fo► CenterPlace Operations 300,000 300,000 Total CenterPiace Oporating RCSOrve Expenditures 300,000 300,600 _ CenterPlace Operating Resorve E&timated Fund Balance $ _ S - ~ 1 . 7128!'2005 436 PM 2005 2006 2004 Amended Proposed ' Actuals Budget Budget ` 121 - Service Level Stflblliaation Reserve 8eg Fund Bal3nto - • 1,000,000 Sorvice Lovel StabilFzation Resorvo Rovenues Invosfinen211teresl tntertund Transfer 1,000,000 Total Service Level StAbtli2atian Reserve Revenues $ - ~ 1,000,000 S - Service Lovel Stahilization Rescrvo Exponditures Rwetve tw Service Level Sttibll3iakn 1,000,000 1,000,000 Total Service Level Stabilfzatloii Rosorve Expenditures 1,000,000 1,000,000 Service Level StabflizaUon Resurve Est. Pund 8alance $ . $ g _ zuos zoos 2004 Amended Proposed Actuals Budget Budget 122 - 4Yinter Weather Reserve Bcfl Fund Balance - - 500,000 Winter WcaChcr Rcsorve Revenues tnvestrnent InSemst _ _ _ IatErft!nd Transler 500,000 Total Winter WcaUter Roserve Revenues $ - S 500,000 $ - % Winter Weathcr Rcsorve Expenditures ' Reserve far Winter Weather 500,000 500,000 Total 6Vinter Weathcr Roserve Expenditures - 500,000 500.000 Wiintor Weather Reserve Estimatod Fund Balance $ S $ ~ 2005 ' 2008 2004 Amcnded Proposed ' Aetuals Bud4ot Budget 204 - Debt Service BCginning Fund Balance Dcbt Service Revenues Facilities Disirici Piyment ' 39$,643 357,745 414,000 IntegftlndTrans(ers 185,285 185,9e0 126,00e7 Total Dobt Service Revenues S 580,926 5 582,835 S 600,000 OcDt Service Expenditures Debt Serrice Payments 580,928 562,835 600,000 ToWI Debt Service Expenditures 550,928 582,835 600,000 Debt Servlce EsUmatod Fund Balance 5 - $ - , 7/2812005 4:15 PdA' zous aoos 2044 Amended Propascd ~ Actuals Buppct Budget 301 -CapiWl?rojects 8eglnning Fund Balance 632,547 1,508,486 269,582 Capital Projects Revenues REET t- Taxes 1,037,920 800,000 9,000,006 Investmen4ln•.erest 14,658 6,000 20,000 TOtal Capital Projects RevenuCS $ 1,052,578 S 806,000 5 1,020,000 Cnqitai Projects Eupenditures CapilalOutlay - 1,973,359 - mtertund 7ransfers 115.639 132,545 1,239, S82 Total Capitnl ProJecls Expenditures 115,639 2.105,904 1,289,582 Capital Projects Estimated Fund Belence S 1,589,486 $ 269,582 $ (0) 2005 2006 2004 Amended PrOpOSCtl Actual9 Budget 8udgct 302 • Spee Capital Projects Begtnning Fund 8alance 559,100 7,250,170 543,713 Spec Capftal Projects Revonues " REEI'2-T~aces 572,120 8,00.000 1,000,000 Invesiment lnteresl 11,583 S,ODD 20,000 Total Spec Capital Projects Rovenues S 983,713 3 E06,000 $ 1,020,000 , Spec Capital Projects Expenditures CapiialOutlays 1,707,312 - IntertttndTtansler5 292,643 265,145 1,163,713 Total Spee Cap(lal Projects Expendltures 292,643 1,912;457 1,163,713 Spec Capftal Projects Estimaied Fund Balence $1 250,170 S. 143,713 S 0 ' • 2005 2006 2004 Amended Proposed ' Actuals Budqet Budget 303 - Street Gepital Projects 8aginninfl Furtd Balance 30 1,821 1,791 StrCCt Capital Projects Revenues Irvvestment Inlerest 352 - . f?eveloperConUibufron 3,021 1,073,000 - Coniribwitons - Grants - 1,814,000 3,414,209 InterltrndTronsfet 1,514,314 1,275,300 1,561,843 Total Street Cap(tal Projects Revenues $ 9,517,887 5 4,262,300 $ 4,966,052 - Stroat Capital Projects Expendltures . Services 3 CFarges _ tntergovemmental Paymenis - CaplUtlOullays 1,515.895 4,262,330 4,967,843 Total Stree! Capital Projects Expendttures 1,515,895 4.262,33A 9,967,843 ! \ Street Cap(tml Projects Estimatcd Fund Bafance S 1,821 a 1,791 $ 0 712812095 4:56 RPA . 2005 2006 2004 Amended Proposed Actuals 8udgat Budget ~ 304 - fAirabeau Pro)ects t3Cginnfnrj Fund Balance 6,876,825 3,783,205 783,206 Mirebeau Projects RevenuCs Donetions 2.880,870 Proceeds from LT Debt Insurance Recoveries 1,066 - - Investment Interes3 75,E29 _ 7otal fAlrabeau Projccts Revonues $ 2,957,565 $ - $ - fdirabeau Project9 Expeiiditures Seswes 8 Charges Interfirnd Trensfer _ CapitalOu@ays 6,051,185 3.000,000 783,205 Total Mirabeau Projects Expendituros 6,051,105 3,900,000 7E3,205 Miraboau Projects Estfmated Fund Balance y 3,783,205 $ 783,205 S 0 2005 2006 2004 Amendod Proposed Actuals Bu@got Budget 305 - SfrcCt Bond Fund Beginning Fund Balance 2,445,053 1,305,480 902,460 Strect Bond Fund Rovonuos Nrooeeds fram LT DebE _ _ Inveslment lnterest 37,728 . J Total Street Bond Fund Revenues S 37,726 3 - g _ Strcet Bond Fund Ezpenditures Servfces R Charg¢s _ 304 InlFrfundTransfer ' 7,174,019 406,000 902,460 Total Street Bond FunA Expentiilures 1;174,323 406,000 902.460 Strcet Bond Fund Estimated Fund Balance 3 1,308,460 $ 902,460 8 0 2005 2006 200-4 Amended Proposed Actuals Budget Budget 306 - COBG FunA Boginning Fund Balance _ COBG Fund Rcvenuas Grant Proceccfs 267,803 Irnvestmant Interesd 134,941 _ Total CDSG Fund Revenues $ 402,744 S - 5 - CDBG Fund Expenditures Services R Charges _ Capital Ovuay 402,744 _ Total CDBG Fund Expenditures 402,744 - ~ CDBG Fund EsUmnted Fund Balanco $ _ g $ 7l2&J2005 4:76 PN1 ~ 2005 2006 2004 Amcnded Proposed /ictuals Budget Budge4 307 • Capital Grants Fund Beginning Fund 8alance - 81,628 89,028 Capital Grants Fund Revenues Grant Proceeds 81,004 4,418,000 5,343,900 Interfunc4Transfer 97,050 592,000 1,117,900 Total Capital Grants Fund Revenues $ V8,654 S 5,010,000 $ 6.460,000 Capital Grants Fund Expenditures . Servioes 8 Charges 4.915 - - GBpital Outlay • 92,1 S 1 5,010,040 6,460,000 ToU+I Capital Grants Fund ExpenditurCS 97,028 5,010,000 6,460,000 Capital Grants Fund EstimatCd FunA Halance $ 81,028 ~5~81~ $ 81,028 2005 2006 2004 Amended Proposad ' Actuals Bud e~ Budpot . 308 - Barker Bridqe Fund Beg(nning Fund Balance • (53) - Barker 8i1dge Fund Revenues Grant Proceeds - 350,000 . 393,000 InvesUnentlnterest • - Total 6arker Brtdge Fund Revenues $ - S 350,000 5 393,000 Barker Bridgo Fund ExpenAllures . Services 8 Charges 53 - ' CapiEalOuttay . 350,000 393,000 7otal Bar9cor Bri.dqe FLmA Expenditures 53 350.000 BarkCrHAdge Fund Estimated Fund Balanc0 $ (53) S (53) 313010 2006 2006 2004 Amcndcd Proposed . Actuals Budq_et Budqet 309 • Parks Capital Projects Fund Beflinning Fund Balance - - 550,000 , Parks Capital Projocts Fund Revcnues tntertund TransfcB 550,000 645,000 . tnvestmentlnterest - • Total PaAcs Capital ProJects Fund Revenues 5 - S 550,060 5 645,000 Parks Capital Prajects Fund Expendltures Servicas & Cherqes - - ' CapilalOuUay 550,060 1,995,000 Total Parks Capital ProJects Fund Expenditures 550,060 1,185,000 . i\ ParkS Capital Projecfs Fund Estimated Fund Balance S - S S - , 7122J20U5 4:16 PdA 2005 2006 • 2004 Amondod Proposed ' Actuals 8udgot Sudget 310 • Civtc Suilcliags Capital Projects Fund 8eginafng Balance - - 500,000 Civic Bulidings Capital Projects fund Revenues Interfund Trpnsfers - 500,000 300,000 tnvzstm=n; Interest Totnl Civic Buildings Capital Projects Fund Revenucs $ - $ 500,000 $ 300.000 CFvic Bulldings Capftal Projects Fund Expenditures Services Et Ghargos Gapitil0uilay 500,000 800,000 Total Cfvlc Buildings Capital Projects Fund Expenditures 500,006 80O,000 Civic Buildings CapiGtl Projects Estimated Fund Balanco 3 $ ~ • 2005 2006 2004 Amended Proposod Qctuals Budget Budqet 401 - Sewer Fund 8eginntng Bcilanw 238,E07 SewerFund Revenues lnvestment Intet25t 334 Interfund Transf2rs Total Sewer Fund Rcvenuas $ 334 S - $ - Sewer Fund Expendituros Interfijnd Transter 237,344 tntergavemmentil PayinCnts 1,596 Tatal &evrer Furvd ExpeoiditwCS 238,941 Sower Estimated Fund Balancc S - S $ 2005 2006 2004 . Amondod Proposed Actuals Budgot Budget 402-StortnwaterFEtndBCqinningBalance ' 556,476 1,269,889 485,413 Stormwater Fand Revenues Stormwaler Management Fees 776,859 1,270,750 5,829,880 Ern•astmanE Interest , 12,394 6,000 15,000 Total Stormwater Fund Revonues S 7E9,254 g 1,278,750 $ 1,644,880 Stormwater Fund Expenditures Salaries & VJages - 151,112 147,774 Suppties - 72,700 13,490 5ervices 8 Chatges 85,183 790,505 64,939 Lntergcnremmental Paymenls 9,858 817,102 454,75U CapctdlOutlays - 2Q,000 643,654 Interfund TrAns:ers - 259,607 1,005,63's Total Stormwater Fund Expenditures 75,041 2,061,020 . 2,330,293 Stormwafe►Estimatod Fund Balance $ 1,269,&59 $ 485,413 S (U) 712812005 416 PM ~ J zoos 2006 - 2004 Amended Proposed Actuals Budqot 2ud4et 501 • ERBR Fund Beqfnning ealance 674,772 810,379 482,792 ERBR Funcl Rcvenucs . InteRursdTrpnsfers 128,134 145,395 208,965 InvesUnent Inierest 937 1.500 Total ERBR Fund Revenues S 129,071 5 145,305 S 210,465 ERBR Fund Expendituros Supplies 8,926 7,500 7,500 , Seavicw 8 Chatg(: , 301 25,000 50,000 Deprec+etion Expense 181,E42 - - CapiEalOuttay 2,388 240,392 584,792 7otal ERBR Fund Expenditures 193,454 272,892 642,292 ER&R Estimated Fund Balance S 610,379_ 5 482,792 $ 50,955 - 2005 2006 2004 Amondod Proposcd Actuals 8udget Buctgct 502 • Risk Management Fund 8egfnning Balence 6,378 30,117 23,739 f21sk N9anagement Fund Revenues Inter(und Tmn3fer - 134,804 134,450 138,200 Total Risk Management Fund Revenues S 134,804 S 134,450 5 138,200 . Risk nlanagement Fund Expenditures Servic.es R Chtirges 111,066 140,828 159,939 Total Risk 49anagement Fund Expenditures 115,066 140,828 159,939 Risk Management Estimated Fund Balantu S 30,117 $ 23,739 S~(0 7rzer2005 4:16 Pa,I ~ Proposed 2006 Revenues & Expenditures ~ r,4 Spokane Valley Council Meeting ,••s x: , August 9, 2005 Tf29lm09 Budget lir~l0~,r.+ui►icRiTid~q~i0 Total City Budget ■ $58 Million ~ ■ Down $6 Million from 05 Amended Bud9et t. Tna~aoas ~ ~ 1 , . . General Fund Revenues ■ Property Tax down (Library) $1,670,000 _ ■ Sales Tax up $1,402,000 . . ■ Planning/Building fees down $263,000 . ■ Fines up $150,000 7R9f2D~5 1 Other Highlights - ■ Assumes no increase in fuel tax - Street Fund ■ Close to our financial projections ■ Expect numbers to change as we-refine our estimates ■ Public hearing scheduled for August 23 . ~ . 2 0 ' ~ Highlights cont ■ Reserves ■ CenterPlace Operations $300,000 . ■ Service Level Stabilization $1,000,000 ■ Winter Weather $500,000 ■ Civic Facilities $300,000 ■ Parks Capital $1,200,000 T/2d'1005 5 C~ ~ ~ . 3 CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Q admin. report ❑ pending legislation AGENDA ITEM TITLE : Outside Agencies' Presence at CenterPlace GOVERNING LEGISLATION: 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 • BUDGETIFINANCIAL IMPACTS: Current lease rates at CenterPlace are $16 per square foot. A 756 sq' classroom would lease for $12,096/year. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Power Point CenterPlace floor plan. i ~ In November 2003, The City's Bond Council (Michael Ormsby) developed a Certificate of City qualifying the "regional" use of CenterPlace space as per RCW 36.100 and 35.57.020 as follows: Senior Wing = 40% Conference/Educational Wing = 20% . Conference/Meeting = 100% Circulation/Basement = 75% • The regional requirement impacts manner in wh ich the space can* be used. • Bond Council advises that the City has maxim.ized the non-regional use of space. o Bond C ouncil advises that the remainin . , g space should be utilized for regional . purposes. - i ' Meeting & Banquets rooms on lst Floor Room Dimensions Type Location Floor 145 12' x 17' Private Dining/Conference East Wing 1 st 155 65" x 27' Craft East Wing 1 st 156 54' x 27' Pool & Billiard East Wing 1 st 146A 12' x 8' Green Room East Wing 1 st 1466 10' x 9' Kiln Room East Wing 1 st 127 60' x 114' Great Room North Wing 1 st 140-142 44' x 28' Kitchen w/Prep & Scullery North Wing 1 st 143 30' x 30' Great Room - Small Dining North Wing 1 st 106 18' x 26' Classroom West Wing 1 st 107 27' x 26' Classroom West Wing 1 st 108 29' x 26' Classroom West Wing 1 st 109 30' x 26' Classroom West Wing 1 st 110 29' x 26' Classroom West Wing 1 st 111 26' x 26' Classroom West Wing 1 st 114 47' x 36' Lecture Auditorium West Wing 1 st / 107 r . 1 06 109 `,~T' y/,'{ ♦ . 41 ti f ~.~~i 10$ Y •f f ~ ~ % ~ ~ ~ - - f. 1 7 110 112 r ' 174~• ~ 4~S ` ~ ~ . ~ ~ , . / ~ / ~ . ti• ~ ~ ^ •f • , • 1 0 0 -15 5 • ` 1 . o 0 ~GO ~ • a 15~ ~ o ~ u r , ~ Y VE • ~ ~w~ Meeting Rooms on 2nd Floor Room Dimensions I~Vpe Location Floor 224 9' x 10' Multi-Purpose East Wing 2nd 225 11' x 7' Muiti-Purpose East Wing 2nd 227 13' x 12' Multi-Purpose East Wing 2nd 228 12' x 12' Muiti-Purpose East Wing 2nd 234 59' x 28' Dance Floor East Wing 2nd 233 63' x 27' Senior Lounge East Wing 2nd 235 28 x 30' Classroom East Wing 2nd 237 31' x 15' Library East Wing 2nd :17' X :_'T ,;cc 1J11r~Si rlrl 206 18' x 27' Vending West Wing 2nd "207 29' x 27 S(;G West 1Nin3 2 n.' 209 30' x 27' SCC West Wing 2nc.± ~ 11 28 x 27' SCC West Wing 2no 212 28' x 27' SCC West Wing 2n(.: :.13 36' x 27' SCC West Wing 211~ : 214 33' x 27' Executive Conference Room West Wing 2nd sw 25 ~ Q O ~ _ - 2~ 7 a ~ , 235 2 ~ 7 ~ Y . ~ N \ '216 ~ . . 205/ g ~ y`~pg - / ,y. ♦ y Z , I CITY OF SPOKAhfE 11ALLEY Reques# for Councif Actian . Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check aII that apply: 0 consent 0 old business ❑ new business 0 public hearRng 0 inforrrkation J( aclmrn. report ❑ pending IegisJation AGENDA l7EM TITLE; Memorandurn on Street Dedication GOVERNING LEGESLA7'JOIV: RC1N58,17.020 . PREVfOUS CQUNCIL ACTION TAKEN- None BACKGROUND' Land is [fedicated to tYre City for nghk-of-way purposes frorn time ta time as part of the development process. Staff warrted ta provicfe the Councfl with an informatianal mernaranrlum oukJining the legal requirements for a [fedication and acceptance b}r the City, . The end of #he mernorandum identifes several courses of recornrnended ac#ion by the City to remove uncertainty fram the process, Sta#f is available if the Council has any qLfestians. or carnrnents on the rnemarandum or recommended actRon. . OPTIQNS; Request additiarral inforrrra #ion; instruct staff to adopf a process for'processing dedicakions of righk-of-way. RECQMMENDED ACTION OR MOTiON, Cionsensus to draft a forrn righ#-of-way dedicatiorr _ deed and stancfard policy {with instruction sheet for parties seekang to dedicate right-af-way} #or . processing such ac#ians_ , Bl1DGETfFINANCIAL IMPACTS; STAFF COh]TACT, Cary P. Driskell, Deputy Ciky Attorney; Neil I{ersten, Public 1+Vorks Direc#or; Jared Green, Legal Intern ATTAC H M E NTS, Memora ndum from Legal Intern Jared G reen on Iogal requirernents fo r street dedicaVon in UVashingtan_ , ~ 1 SI k,ane . p ,,;,o*Va11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley V'/A 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum . To: Cary Driskell - Deputy City Al'torney Frnm: Jared Grcen - Lega1 Intern CC: Jolin Hohman - Engineer; Neil Kerslen - Public Woi•ks Director Datc: Aubust 1, 2005 Ite: Street 17eciication 1. 17equirements of a Valitl Dedicatio:►n In the contcYt of real property law, a"dedication" of land generally refcrs to the intentional setting aside ot'cerlain land by its ovvner with tlie intention that it be devatecl co some public purpose for use by die general public. It is essetitial to a valid dedication that it he made , by the legal owner of the land, or at least, xvith his or her conscnt. Property may be dedicated for any ptupose that is legal, anci for the use of the general public. °I'hus, land may be dedicated f.or a variely Af public purpnses, i.ncl.uding for use as a public strcet. A. Fssential Eleinents RCW 58.17.020(3) defines "dedication" as the deliberate apprapriation of lajld by an ovvner for any general Fuid public uses, rescrving to himself or herself no other rights than such• as are compatible Nvith the fiill exercisc and enjo}mlent of the publ.ic uses to wluch thc property has been devoted. Valid dedication requires: - (1) an iutentional offer, cYpress or implieci, by the owner of real property, to appropriate the property, or an eascmcnt or an inieresf therein; • (2) a public use; and (3) acceptance of the offer, express or implied, by the public entity. In `Vashington, no particular farm or ceremony need be used to complete dedication. ~ ~ Rotnidtree v. Htdchinso?i, 57 Wash. 414, 107 P. 345 (1910). _ 1 Stated another way, a dedication reqiures tcvo basic elements to bE effcctive: (1) the inte.nt, objectively tnanifesied, of a landowner to dedicate the land to public use (the offer), and (2) a valid acceptanee by the public (che acceptance). Bath the offer of dedieation, and the acceptance thereof, may be either eapress or iniplied, and proven in. a number afways. The off'er of deciication may be shown by written insttunlent, such as a deed or plat, or by some other explicit manireslation of an intenc lo devote the property to public use. Or, it may be uvplied by acts or cnnduct of the ovvner that clearly indicate such intent, includ'uig by implicatioii fioni allowuig public use for a prolonged Period of time without objection. Only the titlE holdcr of ttie property can malce a valid dedication. All parties of ownership interest ui the property must joui ui a dedication. A specific grantee need not be named to effect a valid dedicatioii. A deed to the general public, ,vluch is not a legal entity, inay noncthelcss operate as a dedication of the propert}, to public use. Hoxvevcr, any deed to a local government, specifically for street,.riglit o£way, or any public purposE could be intcrprcted as a dedication conveying an easement only, If the intent is to grant a fee interest, that intent should bc clcarly statcd and the use shoulcl be unrestricted or, if the use is a eondition, the condition should be clearly Stated with a spccific right of rcversion. Similarly, the aeeeptance may be evidenced hy formal action on the part oFthe proper public authorikies accepting ihe of:7'er, by acts and declaraciqns of public authorities recognizing or cnnsenting to the dedication, or by public use. B. Burdens and Presumptions T'he City has the burden of establishing the essential elements of a cieclieation.Z The most importa.nt of these elements, intention of the o,,Nmer ta dedicate, will nQt be presumed, and it must be proven by the part}, asserting it, and must be unnustakable.3 Wastungton courts liave long recognized that an intention to dcdicatc will not bc prestuned, aud a clear uitention must appear.4 1.X. Statutory or Common I.,aw ncdication A. Statutory A statutory dedication is an express dedication diat is made ptirsuant ta the prnvision of astatute. In a statutvry dedication, the inEent of the ovmer to deriicate is evidenced by a request for filing of a final plat or short plat showing the dedication on thc plat. Thc acccptancc by the . public is evidenced by the approval of such plat for filing by the appropriatc govcrnmental unit.5 B. Cbmmon Law z Karh v. Lity af 13ellirighanr, 61 Wn.2d 214, 3771'.2d 984 (1963). 3 See Cmnunirrs v. King County, 72 Wn.2d 624, 434 P. 2d 588 (1967). , Colu,r,bia ck Puge! Snund Il.Il. Cv. v. Seattle, 33 Wash. 513, 519, 74 P. 670, 672 (1903). ~ 5 RCW 58.17.020(3). 2 A conve}7ance by deed may also result in a eommon law dcdication. A deed containing an express grant opcrates as evidence of the o~vn.er's intent tv dedicate property to public use. lll. Acceptance of Dcdication . Because a valid dedicalion may impose duties and liabilities uicident to wvllersltip upon the Cit}, and esempt the property from t~,~calion, an offer to dedicate may he accepted or rejected ' and soine fpnn of acceptance is rcquired to complete the dedication.6 Acceptance may be implied; no express act by public authorities is required. Acceptancc may be shown by (1) express acts of the gpvernmenlal authority, (2) by implication &om acts of the goveruiueutal authority, or. (3) by imPlication from use by the public fpr lhe purpose for ~vhich the property is dedicated.7 RCW 58.17.020(3) provide-s for an cxpress acceptance. An exaniple or an express acceplvnce of'the deciicalion would bc approval by the City tluough a satisfactoiy fuial inspection. TJnder RCW 58.17.110(2), the City has thc authority to approve a dedication if it fuids that (1) the prapnseci plat malccs appropriate provisions for dedication under the city cocle, and (2) that public use and interest will be servcd by the dedicatiou. An implied aeceptance can be any purposcfiil act of ackuowledgment. 1 his can be done by passage of an ordinance establishing street gradE for platted-streets, or any repair or iniprovement, directly pF indirectly. Further, usc by the public for thc purpose for which thc groperty is dedicated c4nslitules implied acceptancc. T1te City .rliould adapt a madel street declicatior: cleecl tliat cleurly inclicutes the intent to dedicate for public p-iirposes. This ti•vill also r•e,siJt in ari eslablrslietl proces,s 1ha1 elrminales tcncertuinry us to lvhefher a dedication has occurred, or ivltether acceptance 6ias occurf°ed. IV. Rights Acquired uy the Public Upon dedication, a publ.ic skreel perm.its nol only a right of passage, but also all implieci rights and privileges necessary to use the street•. For example, the land deciicated as a street is deemed to be held in tnist for the public and for lhe benefit of public for travcl. Public improvements, stich as utilities, that do not uiterfere with public iiigress rights -are pernlissible. rurthcr, the City may change the use over time. A dedicator, howevec, may impose reasonable cnnditions ar restrictions on the property offered for declication and acceptance of the affer by the proper governmental aulhority is an agreement to be baund by sucli conditions and restrictions. A ccmditipn ar restric:tion is reasonable iuiless it interferes-~~zth the prime use auid purpose of'the dedication or with the rights and duties of the City. Thcrc are many cases in Waslungton that deal with conditions tied to the dedication of . streets, anci che courts have emphasized that public autliorities must havc fiill power and control of the streets. Finally, no dedication of land to public u.se may be revoked aft-er acceptance by the public. V. General Procedural Requirements • 6LOOSG V. GOGkC, 25 Wn2d 599, 171 P. 2d 849 (1916). 7 City ofSpoka»e v. Catl7olic $ishop, 33 Wn.2d 496, 206 P. 2d 277 (1949). 3 - hi order to best serve thosc intcrESted in street declieation, the City should assign a scaEl' member tn handle the dedication detenninations. '1"his would include the forrnulation o.f a prQCess whereby any roaci oFfered t'or cledication must nieet City road standards, or be rejected. This proc;ess could include the following steps: 1. Identification of Parties. 2. Description, and location of dedicated land 'uiclud'ui;: Pliotogeaphs, Maps and surveys of property, Recorded plat. 3. Manner of dedieatipn: S[atutary cledication--by maP, plat, by deed; Cammon-law dedieatian-- by acquiescence in public use. 4. Offer of dedication. 5. Ace.eplanc;e of dedicalion. fi. Conditions anci reservations. • VI. Recommendecl Action 1. Assign one staff person to review proposed dedication to ensure a(1 requirements have been met. ' 2. Draft model forin. , , 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check all tfiat apply: ❑ consent ❑ old busaness p new buslness ❑ public hearing 0 infomiation x admin. report ❑ pending leglslatfan AGENDA ITEM TITLE: Administratave Report; On Line Permitting GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City Council requested a report on the current status of On Line Permitting for Construction Permits. This report will outline our current capabilities, what may be some additional possibilities for us to explore in the future, and request other ideas or direction .for us to follow to bring Council's policies forward in both the near and long berm. . OPTIONS: . RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: f STAFF CONTACT: Spokane Valley Building Official Scholtens ATTACHMENTS : PowerPoint Presentation . SO 6ICa- ne . . . Val:ley ' 11707 E Sprague Ave Suite 106 ❑ Spokane Valley WA 99206 - 509.921.10U0 11 Fax: 509.921.1008 ❑ cityhall@spokanevalley.org Attachment #1 - Building Code Proposal Narrative Washington statute requires all jurisdictions in the state to adopt by reference and enforce the same building code throughout Washington (Attachment #2 Section 3.01 #'s 1-4 &6). By 1 July 2004 the City of Spokane Valley is required to enforce the codes oudined in the propasQd ordinance. Building and Fire Codes are minimum codes that establish a minimum level of safety and protection for buildings and the people that use those buildings. The Washington Association of Building Officials has adopted Resolution 2003-02 that, in part, promotes the adoption of the 2003 Intemational Codes with as few amendments as possible. This will make enforcement more uniform throughout the state and promote lower development costs for our citizens. - Section 3.01 # S is an International Code that will darify and simplify the requirements for installing gas pipe and gas burning appliances in our city. . Section 3.01 #7 is a Uniform Code that has not been replaced as yet by an Internadonal Code. This code was adopted by council in Ordinance #40 and has worked very well to help control dangerous buildings. Section 3.01 #8 is an International Code that replaces the Uniform Housing Code, a code council adopted in Ordinance #42. The referenced codes offer Appendix Chapters of the codes that are not part of the referenced code unless the specific Appendix Chapter is adopted locally. These Appendix Chapters typically offer solutions to common situations that may not fall into all code enforcement jurisdictions' purview. By adopting the speciFc Appendix Chapter we provide our jurisdiction with predictable response to expected development conditions. • The state legislation allows for local amendments to the code as long as the life/safety requirements of the code are not reduced by those amendments and the Washington Building Code Council approves the amendments. , Currently the Spokane Valley Building Code Ordinances do not address all construcfiion situations logically. Amendments were approved to Appendix Chapters of the code that were not subsequently adopted. Spokane Valley requires automatic fire sprinklers in newly constructed buildings and in altered buildings at lower occupancy and floor area thresholds than the referenced codes mandate. Fire alarm requirements exist that are more stringent than referenced codes mandate. These type requirements make new development as well as re , development in our city more expensive and tedious than in surrounding jurisdicfiions. , The proposed ordinance adopts all the Washington mandated codes as well as those codes ~ required to continue minimum local requirements. The second section of the proposed ordinance, Section 3.02 establishes the general requirements for all of the referenced codes. This section has been designed to answer the general questions conceming local design requirements and loading, administrative provisions of the codes and means to appeal local decisions. This secfiion includes clarifying professional design requirements in compliance with 18.08 RCW and 18.43 RCW, the Iocation of the referenced codes are held, reference to our city permit fee structure, and how permit fees may be refunded. Section 3.03 offers specific amendments to the referenced codes. Generally the amendments were made to follow Washington statute witfi three exceptions. Section 303.1 increases the size of a utility shed that would be exempt from a building permit. This increase is identical fio the provisions found in the 2003 International Residential Code and has been offered to simplify the process. Sectian 3.03.2 amends the International Residential Code by mandating a code compliant escape and rescue opening if a remodel or repair is.changing out a window or door. Currently the code allows a replacement window or door opening to be equal in size to the unit being replaced. The increase in opening size to the minimum required by current code may save a first responder that might be trapped in a bedroom or allow the resident to climb out a window and save -themselves. The increased costs would probably be under $200 per opening, but could prevent a needless tragedy. . , There are two proposed amendments to Section 3.03.08. The first amendment moves a current amendment from an Appendix Chapter for High Rise Construction to the Dangerous Building Definitions. The second amendment proposes a definition, compliant with RCW 35.80A.010, that provides an avenue for the city to address blighted property. Although adopbng this Building Code Ordinance now would be in advance of the mandated . implementation date, a new City of Spokane Valley Building Code would allow us to currently ' move forvvard +,vith less onerous code requirements for our development community and still meet the future with a Washington mandated Building Code. If council would want to offer both codes for enforcement in tandem, a modification to tfie existing code could be offered that would relieve the development community from the current sprinkler and alarm requirements that would create a code compliant situation for either City of Spokane Valley Building Code. J Attachment #2 Draft Copy : SPOKANE VALLEY UNIFORM DEVELOPMENT CODE ARTICLE III SPOKANE VALLEY BUILDING CODE Section 3.01. Adoption of Referenoed Codes. The City of Spokane Valley hereby adopts the follawing codes, as amended by the Washington State Building Code Counal pursuant to RC1N 19.27.074 for the purpose of establishing rules and regulations For the oonstruction, alteration, removal, demolition, equipment, use and occupanc.y, location and maintenance of buildings and structures, including permits and penaities: 1. a). 'i'he 2003 International Building Code published by the International Code Council, Inc.(IBC). The following Appendix is specifically adopted: Appendix H, Signs. - ' Appendix I, Patio Covers. , b). The 2003 International Residential Code published by the Intemational Code Council, Inc. (IRC) The following Appendices are specifcally adopted: Appendix A(IFGC), Sizing and Capacities of Gas Piping. Appendix B(IFGC), Sizing of Venting Systems Serving Appliances Equipped with DraR Hoods, Category I Appliances and Appliances Listed for Use and Type B Vents. . Appendix C, Exit Terminals of Methanical Draft and Direct-Vent Venting Systems. A.ppendix F, Radon Control Methods. Appendix H,. Patio Covers. Appendix Existing Buildings and Structures. ' 2. The 2003 International Mechanical Code published by the International Code Council, Inc. (IMC) except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code). 3. The 2003 International Fire Code, published by the International Code Council, Inc.(IFC), including thase standards of the National Fire Protection Association specifically referenced in the Intemational Fire Code: PROVIDED, That, nohvithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following Appendices are specifically adopted: . Appendix B, Fire Flow for Buildings. - Appendix C, Fire Hydrant Locations and Distribution. Appendix D. Fire Apparatus Access Roads. Appendix E, Hazard Categories. , Appendix F, Hazard Ranking. Append"rx G, Cryogenic Fluids-Weight and Volume Equivalents. 4. Except as provided in RCW 19.27.170, the 2003 Uniform Plumbing Code (UPC) and Uniform Plumbing Code Standards, published by the Intemational Association of Plumbing and Methanical Officials: PROVIDED, that any provisions of such code affiecting sewers or fuel gas piping are not adopted; and The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities aaessible to and usable by the physicaliy disabled or elderly persflns as provided in RCW 70.92100 through 70.92.160. In case of conflict among the oodes enumerated in subsections 1, 2, 3, and 4. of this section, the first named code shall govern over those followfng. 5. 7he 2003 International Fuel Gas Code as published by the International Cade Council, Inc.(IFC). 6. The 2001, Second Edition, Washington State Energy Code Chapter 51-11 WAC. 7. The 1997 Edition of.the Uniform Code for the Abatement of Dangerous Buildings . published by the International Conference of Building Officials, Whittier California. 8. The 2003 International Property Maintenance Code as published by the International Code Council, Inc. • . Section 3.02. General Requirements for all Referenced Codes: Section 3.02.01 Conflict between Codes. Whenever there is a conflict between a referenoed code and the General Requirements contained in Section 3.02. of this code, the General Requirements shall apply. Section 3.02.02 Reserved. Section 3.02.03 Design Requirements: . Ground Wind Seismic Frost Winter Ice Air Mean Smy Speed pesi9n weathering lina Termltes Decay Design Shield Flood Froeze Annual load * (Gust) Category depth Temp Underlay Hazards I~dex Temp ' 0 . 39 85 „ Slight to None 9 2003 IbsJft1 mph C Severe z4 Moderate ~ Z Y~ 1992 1232 47.2 slight FIRM Minimum roof snow load to be 30 Ibs/ft2 in the City of Spokane Valley. Section 3.02.04 Professional PreRaration of Plans. The City of Spokane Valley shall require a • Washington licensed design professional, licensed under the provisions of 18.08 RCW and 18.43 RCW to prepare or oversee the preparation of plans for any building over 4000 sq ft in roof area, if plans are required. Section 3.02.05 Construction Plans. All submitted construcdon documents must be of sufficient detail to show the entire project with emphasis on the following: • Structural integrity • Life safety • Architectural barriers (ADA handicap compliance) • Compliance with all codes having jur[sdiction • Scope of work • Deferred Submittal Schedule In general,-the amount of detail required will vary, depending on the nature and complexity of tlie project. Section 3.02.06 Permits. - Section 3.02.06.1 Ownership. The ownership of a Spokane Valley Development Permit inure to the property owner. The Permit Applicant is, by definition, an agent of the property owner if not the property owner. -'Section 3.02.06.2 Expiration of Permits. All permits shall expire by limitation and be declared void if a) work is not started within 180 days of obtaining a permit, or b) work is abandoned for 180 days or more after beginning work, or c) after two years from the date of permit issuance, regardless of whether the work is finished. If a permit is expired for time, a new permit may be obtained for 1/2 the permit fee for the value of the remainder of the work to finish the original permit. • Section 3.02.07 Referenced Codes. All referenced codes are available for review at the City of .'Spokane Valley Perrrmit Center. Section 3.02.08 Fees. All Spokane Valley Permit fees shall be established by a City of Spokane Valley Resolution and may be found in Appendix B, Schedule C of tlie Spokane Valley Uniform Development Code. Section 3.02.08.1 Investigation Fees: Work wlthout a Permit. a. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may tre issued for such woric. , b. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as rhe minimum fee set forth in Schedule C. This fee is an additional, punitive fee and shall not appty to any Spokane Valley Grading or Building Permit Fee that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Spokane Valley Permft for oontinued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be considered hazardous. c. The payment of such investigation fee shall not exempt any person from compliance with all otfier provisions of this code nor from any penalty prescribed by law. Section 3.02.08.2 Fee Refunds. The building official may authorize the refunding of: 1. 100% of any fee erroneously paid or collected. 2. Up to 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. , 3. Up to 80% of the plan review fee paid when an application For a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment. Section 3.02.09. Appeals. All appeals of any Building Offidal decision, order or determination relative to the application and interpretabion of Artlcle III of the Spokane Valley Uniform Development Code shall be made in conformanoe with the City of Spokane Valley Uniform Development Code Section 1.20.39.6. Section 3.02.10. Floadplain Development. All development within a designated floodplain located in tlhe City of Spokane Valley jurisdiction shall comply ovith Section 5.01 of the Spokane Valley Uniform Development Code and the construction speciFications detailed in the 2003 IRC Section R323 Flood-Resistant Construction as amended. Section 3.02.11. Reserved. . Section 3.03 Amendments to the referenced codes. Section 3.03.1 2003 International Building Code. a) Amend Section 105.2 Work exempt from permit. Building: 1. by substituting "200" for "150" in the square feet of floor area exempt from building permits. Section3.03.2 2003 International Residentia) Code. ' a) Add Section R 310.1.5 Replacement of Emergency Escape and Rescue Openings. If emergency escape and rescue openings are replaced or renewed, except for glazing replacement or renewal, the opening sizes shall be as required for new construction. . b). Amend R323.2.1 Elevation Requirements by rewriting #1. to read: Buildings and structures shall have the lowest floors elevated to or above 6ase flood elevation plus one foot. Also by rewriting #3 to read: Basement hloors that are below grade on afl sides shall be elevated to or above taase Flood elevation plus one foot c). Add a second paragraph to R323.3.6 Construction documents to read: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. d). Delete Part IV - Energy Conservation in its entirety. e). Qelete Part VII - Plumbing in its entirety. References to chapters in Part VII shall be made instead to the appropriate sections of the 2003 Uniform Pfumbing Code published by IAPMO. Delete Part VIII - Electrical in its enfiirety. References to chapters in Part VIII shall be made instead to the National Electrical Code published by the NFPA and enforced in Spokane Valley by the state of Washington Department of Labor and Industries. Section 3.03.3 2003 International Mechanical Code -Reserved. • Section 3.03.4 2003 International Fire Code - Reserved Section 3.03.5 2003 Uniform Plumbing Code - Resenied Sgction 3.03.6 2003 International Fuel Gas Code - Resenred. Section 3.03.7 2001 Second Edition, Washington State Energy Code - Reserveri. Section 3.03.8 1997 Uniform Code for the Abatement of Dangerous Buildings 3.03.8.1 Section 302 Dangerous Buildings. Add additional definitions of a dangerous building: 19. Drug Properties and Structures. It is hereby dedared that any building, structure and/or associated property, identified by the City of Spokane Valley Chief of Police, wherein or . upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create iflegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated properly is not only a dangerous properly as defined by the City oF Spokane Valley but is also a classification of property calling for the special procedures set forth in Chis section. The Building Officfal fs authorized Co abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications: . 19.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected; 19.2. Building(s) and structures shall be inspected to determine compliance with all city ordinances and codes; 19.3. Building(s) and any entry gates to the property shall be secureri against entry in the manner set forth in this oode; ' 19.4. No reoonnection of utilities or occupancy of the building(s), sbructures or property shall be allowed until all violations have been suoEessfulfy addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office; and " 19.5. If dangerous conditions cannot be abated, oaupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, Condemnatfon of blighteti property. 20. Blighted Property. In conformance with RCW 35,80A.010, the City of Spokane Valley may aoquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on tfie surrounding neighborhood. A"blight on the surrounding neighborhaod" is any property, dwelling, building, or structure that meeYs any two of the following factors 20.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more; 20.2 the property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the executive autfiority of the City of Spokane Valley or the designee of the executive authority; or 20.3 the property, dwelling, building, or structure is or has been assoaated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Spokane Valley City Council shall adopt a resolution , declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use. Section 303.9 The 2003 International Property Maintenance Code - Reserved. ~ . On Line Permits Spokane Valley Building Division I rx- Outline of Discussion • Which Permits are available on line • How customers pay for on line permits • Assessment of current system • Cost for the City to administer program • Other options , • Conclusion . ~ . ' 1 , Current Status . . • At present many of our Building Division Application forms are available at the Spokane Valley web site. - Building Permit - Mechanical Permit - Plumbing Permit - Sign Permit Purchasing a Permit - • Applications may be filled out on line and printed. • Required to be FAX'd, mailed or carried to the Permit Center for processing. • FAXes may have a credit card number associated with the customer to facilitate payment. • Permits are required to be purchased at the Permit - Center counter if other than a FAX transaction. • 2 t Assessment of Current Permit Application Process - . Problems with our current system Is not conducive to completion of transaction. - Does not offer security to the customer that uses a credit card. - Difficult to track effectiveness of transaction. The customer is not sure if or when a permit is issued or when an inspection may be scheduled. ~ Assessment of Current Permit Application Process • Pluses. . - Cost effective. - Easily modified. Relatively technologically simple. 3 . \ . % I ~ Assessment of Current Permit - Application Process. - • Some Permit Applications are more complex and require plans and review. - New House or New Commercial Structure - Commercial Remodel or Tenant Finish - Addition of a deck or cover for a back porch. - Subdivision Grading Permit These complex Permit Applications would require staff interaction and would not be appropriate for e-mail submittal. Current Cost • Currently the City is charged about $1100 a month in credit card handling fees. • About 15%-25% of the Building Division credit card receipt activities are related to FAX Permit Application activities. This equates to $165-$275 per month. , i 4 / II ' Other On Line Options • Add depth of complexity to the current system. . - Arrange for payment of fees on line using Pay Pal or another similar secure payment option. . - Establish a secure link approved by our bank. - Establish a pre-paid account balance a licensed ' contractor might draw against. ~ J • . ~ Other On Line Options . , • Purchase a web based program. - Facilitate permit application/paymenUssuance - Track permit issuance process. - Also initiate inspection requests. • Downside: - May not be comRatible with our current tracking system. - Cost estimated in the $100K+ range. May be much higher cost. - Still, this option will only facilitate issuance of'simple " permits as plans are required to be reviewed for oomplex projects. J 5 I Expanding our Current System • Make the current web forms PDF forms and "e-mail able". • Establish a billing system or cash balance pre-paid account that would allow contractors to pay for permits on a monthly basis rather than use a credit card. . . Develop a minor label or sticker system that would . allow a contractor to pay for a permit by sticking pre- paid stamps onto the applications. j , i Conclusion • At present, our intemet based applicationlpeRnit system does not offer customers many aptions for obiamirrg development permits from the City. • Only smaller, less oomplicated projecEs wauld benefit from an internet - based applicationlpermit system. At present we do offer the permit forms . and accept some applications by FAX_ Regardless oi the system, more complicated projects will s2i0 require Permit Center contact. • Purchasing a"canned" system may not provide a aosUbenefit realization aoceptable to the City. ' • Estabfishing a different fee collection system may provide our corporate _ customers a better level of service and may provide an acceptable cosUbenefit ratio for the city. • We are aurrandy vrorking to e)~)and our customer aocess to specific project information using our City web site. Continuing to develop our web site to offer better permit prooess information may provide a higher level of customer service at a lower cost to the City than expanding the an fine permit availability. i 6 Next Step • Council Direction - RFP for Web Based PermiUApplication system. - Madify our fee collection/billing procedure to accommodate our corporate customers. - Qevelop a secure intemet connecGon that will enable credit card purchases of permits and protect customer confidentiality. . - Develop a minor label system for small permits like water heater, gas pipe and furnace installations. - Continue to develop and expand our system to provide a better system at a limited added cost. ~ ~ . . Examples of On Line Permits City of Phoenix • Online Constnict(on Permit Services . • Types of Permits Available • You can apply for simple permits online and start ~vork right away. The • permits currently avaifable on-Ilne are the following: • • Electrical Upgrade to 100 AMP • Electrical Upgrade to 200 AMP • Gas Water Heater Replacement • Elect Water Heater Replacement • Gas Clearanco • Inspectlon of Electrical Servioe • Plumbing Repipe , • Repair/Replace Gas Une arA ga (D Copy gtht 2~05~, Clty o114 ~oen x~Last ~odifs t on QNZ?AM5 08'28:02 7 . Example of On Line Permits Ci of Spokane • etow are drop dovm menus lisling Building Department poEicy doauments and some pplicadons and focros available oMine. These doauments are AdobeD A.croba' 1.0 Port,able Oowment Format (pdD files. To read these files, Ad'obe Acrobat Reader must be insfalled n your oamputer, 'fhey sre mosi reliabfy vietived witi~ version 6.0 or later. l'he latest versian f Adnbe A,crohaf Reader is avaitable free from Adobo by Gickfng oci the Adobo icon at belovi 1R - ips for flling out Applicatiorts and Forms online (Onty the forms designated . To navu'~ate thraugh forms, place the cursor on a blank fiNd with the mouse, and cleck an it, or hd the Tab key t9 go forward, Shik+Tab keys 4o go back If Enter is hit bc,fore raaching 4he end of tAQ document, the cursor wiB automatically retum fo the beginning of ihe doaamenL . Cher,k box blanks can be adivated bY hitting the space bar ot by clicking the mouse button vrhen the cursor isln lhat feld. . . Forms with rtumerical vatues imrolving caleL!lations +vi0 be calculated automaticaly onscreen_ ' 4. 7o fax a completa form or application, justpolnt K!rom the suecn and fax it to us as wifh a typed or handv6-ntten documenL . To en.4ble e-mailing the f lorm bac4c to the Btnld'mg Division save it to a:osder or directory C•n a Hoppy or hard drive, thsn e-mail tho fito to bui0d~nainEo(albuildinssspokane.orq as an attachment • Examples of On Line Permits ity of Seattle - et3tUe's Departmsnt af Alanrning & Oevelopmen, (DPD) admirsisters consbuction and land use regulatnons tor devefanment of all properdes within tho Seattte aty IimiLs. Permits mwt be obtained fram 090 for constructbon profects, projects involving new or changed uses of praperty, and other building and design elemen+s. pCenEer I~~PC' on Most permit aaplica6orrs are made in ~rson at our Applicsnt Servic~ Need e Permit7 Plan Revimx 8 Coaections jynes of PPrmits Issu=nce 8 Inspectnons 0 0 2-I& WFw's Y'Vho in the ASC? . Checklist 8 Starsdards Loeation & Hours or permit-related forms, publirations, and maps, see "Permit ResourCes" at right. pplying ONlno 1nle are working hard to increase aur online appliqtion apdons. CuRenUy you can appsy an8rre ior the follcureng permits: . Flectdcti1- NEW! Self-Issued Electrical Pertnits VJz are pdeased to announce a brand new, self-issued, online permitting system for electricaf permits thai do not require pEen review. Yov may use this system to apply, pey for end self-issue selected types of etectricaf permi,s in real Sme: S3cfe sevrer repafr (see Instruclionsl . j 8 ~ Examples of On Line Permitting . Ci of benver • BUILDING PLAN REVIEW LOG LOOKUP Log Type: Gommerclal Residential BID Cog Number: The Building Plan Review Database was last updated on Fnday, July 29, 2005 at 6:34:56 PM • Use this feature to determine the revlew status of a building permit application: • 1) Setect the Log Type • 2) Enter tha Building Ins ection Division (BID) Log Number. • FORh1AT: [YEARj[LOG]IDjJ; I.e., 1997X01234, 1998R00123, 1999M0O012 YEAR: the 4-digii value; e.g. 1998 LOG: 1-letter abbreviation o( the Log; i e., F = Fire Alarm, H= High Riso Retrofit, h9 = Main Commercial, R= Residenhal Single-Family and Duplex, X= Expedited CommercEal ID: aNlavs 5-digi# • identilfier including leading zeros, regarciless of the log • 3) If the BIO Log Number is not found, the permit has been issved or the permit _ application was cancelled; noie the Resldential Log only lists applications with an "R" in the Log Number. r Examples of On Line Permitting Clark County, WA - . • o-Pcrmitting . Makfng strides tawards complete Intemet access. • Online Inspection Requests • You may na.v schedutQ yovr bu Idi sq~_ To use this feature you will need your permii number a e as( four igits of your filo numbcr. . • Ezpres5 Permitting . Ex ~ n (PDF - 786 K) proposcs using technology to imrove • access ~o the department and its permitproc=..ssea The Internei vd I gtve customers thQ oppartunity to submit a{rplications when it Es mosl convenient for lhem. Telephone technology through an intwacUve voloe reoognition sysfem (NR) w911 alla.v faster and moro reliabte requests for bvilding inspectians starGng in 2003. • 7echnology will also improve the aca2cy and specad of fictd (nspecMoons. Inlorm3Eion will be entered into the system maee quickly and vAll be available to appllqnts more quickly. . http:!lwww.co.clark.wa.uslcommdovldacumentsladmiNezpress- perm itting. pdf , i 9 CITY OF SPOKANE VALLEY . f 1 Request for Council Action Meeting Date: August 9, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ nevr business ❑ public hearing Z information (D admin report ❑ pending legislation AGENDA ITEM TITLE: Urban Growth Areas, Zoning and Development, Administrative Report to City Council GOVERNING LEGISLATION: Growth Management Act - RCW 36.70A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: At the same time that the City is developing its first Comprehensive Plan, it is wrestling with immediate development issues, such as the ability of the City's infrastructure to . support specific development proposals. In adciition, there have been several activities occurring recently in the region that impact Spokane Valley's future growth. The purpose of this report is to summarize some of these activities and to describe any inter-connections. . Staff will prepare a Powerpoint presentation summarizing the information presented in the Report. No new information will be included in the Powerpoint. _ 1 ~J OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: None at this time. BUDGET/FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Scott Kuhta, Senior Planner ATTACHMENTS: Administrative Report ; S#61&ne ~ Va1[1ey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley N/A 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum - To: David Mercier, City Manager and Members of Council From: Marina Sukup, Community Development Director; Scott Kuhta, Senior Planner; • Cary Driskell, Deputy Ciry Attorney Date: August 9, 2005 Re: Urban Growth Areas, Zoning and Development Purpose At the same time that the City is developing its first Comprehensive Plan, it is wrestling with immediate development needs, such as the ability of the City's infrastructure to support specific development proposals. In addition, there have been several activities occurring recently in the region that impact Spokane Valley's future growth. The purpose of this report is to summarize some of ihese activities and to describe any inter- connections. , . Introduction . Prior to incorporation, the Spokane Valley area was designated as Spokane County's Urban Growth Area (UGA), excluding the City of Liberty Lake and the Town of Millwood. After Spokane Valley's incorporation, remnant UGAs remained around the City's corporate boundary, leaving numerous pockets of land designated for urban development. The Spokane County Board of Commissioners recently approved an amendment to the Urban Growth Area (UGA), adding approximately 419 acres of land now designated for urban development directly adjacent to the City of Spokane Valley's southeast boundary. The expansion includes property already developed into urban subdivisions (MorningstaNTurtle Creek) and approximately 244 acres of undeveloped land. . Spokane County and all of its cities and towns must adopt comprehensive plans and development regulations consistent with the requirements of the Washington State Growth Management Act (GMA). The GMA requires comprehensive plans of counties . and cities to be regionally coordinated. To accomplish this goal, Spokane County adopted Countywide Planning Policies which provide the regional frameworlc for adopting comprehensive plans. Urban Growth Areas, Zoning and Development, continued , August 9, 2005 Page 2 of 5 - This report provides detailed information on Spokane County's zoning and land use, Urban Growth Areas and the potential impacts that County land use decisions may have on the City of Spokane Valley. Spokane County Land Use and Zoning County UGAs surrounding the City of Spokane Valley are mostly zoned Low Density Residential, allowing up to six units per acre. The UGA located between Liberty Lake and Spokane Valley is zoned for mixed-use and light industrial development. Mixed use zoning allows for high density residential development. . Cvunty land located outside UGAs is considered rural, with a maximum density of one unit per five acres for residential development. Rural zoning categories include Rural Traditional (1 unit per 10 acres), Rural-5 (1 unit per 5 acres), Rural Conservation (1 unit per 20 acres unless development is clustered, then 1 unit per 10 acres) and Urban Reserve. ` The Urban Resenie zone limits residential densities to one unit per 20 acres unless the development is clustered on urban sized lots. If development is clustered, the allowed density is one unit per 5 acres, with the remainder of the property reserved for conversion to urban land at some future point in time. The County will look to Urban Reserve areas first when considering UGA expansions. Attachment 'A' is a copy of Spokane County's Comprehensive Plan map which shows land use designations and . the location of UGAs surrounding the City of Spokane Valley. . ~Urban Growth Area Amendments On July 19, 2005, the Spokane County Board of Commissioners adopted amendments to the County's Urban Growth Area (UGA) totaling nearly 700 acres of land. The amendments were initiated as a part of Spokane County's 2003 Comprehensive Plan amendment process. The Board of Commissioners considered a num6er of UGA expansion requests, denying all but a small addition of commercial property on the Moran Prairie. .In 2004, the Commissioners denied UGA expansions on Five Mile, the West Plains and in the Turtle Creek/Morningside area of Spokane Valley. The City of Spokane Valley commented on the UGA amendment in the Turtle CreelclMorningside area, requesting that the expansion be denied and that the applicants be directed to Spokane Valley's Comprehensive Planning process (see Attachment 'B', letter to Spokane County). A number of property owners appealed the Commissioners' decisions to the Eastern Washington Growth Management Hearings Board (EWGMHB). Prior to a hearing before the EWGMHB, Spokane County elected two new Commissioners. The newly constituted Commission reached a settlement with the appellants, agreeing to conduct a public hearing if the cases were dropped. Urban Growth Areas, Zoning and Development, continued August 9, 2005 Page 3 of 5 The EWGMHB "remanded" the cases back to the County for further public hearings. The County conducted one public hearing, sending no notice to any affected jurisdiction, and approved all UGA expansion requests, including approximately 244 acres of undeveloped land in the Turtle Creek/Morningside area. Countywide Planning Policies . The Countywide Planning Policies (CWPP) for Spokane County provides the regional framework for the development of comprehensive plans. The CWPP are adopted by the Spokane County Commissioners. The comprehensive plans of all cities and towns must be consistent with them. Perhaps the most significant component of the CWPP is the process to identify and adopt Urban Grovvth Areas. The CWPP,' as arnended by the County Commissioners on December 14, 2004, provide a clear process to revise UGAs, The GMA specifies that counties are responsible for establishing UGAs, in consultation with cities and towns. The CWPP require all UGA amendments to first be considered by the Spokane County Steering Committee of Elected Officials, who make recommendations to the Board of County Commissioners. The recent UGA amendments adopted by Spokane County did not go to the Steering Committee of Elected Officials for their recommendation. Joint Planning r; The GMA requires Counties to adopt policies for joint city/county planning within UGAs • ad jacent to cities. The CWPP include joint planning policies, including recognition that , joint planning areas should be considered future annexation areas for cities. Joint planning is encouraged to ensure a coordinated transition from county to city governance. The outcome of a joint planning process would be an interlocal agreement between the c,ounty and individ'ual city that specifies how land use planning and development will occur within a city's UGA. The interlocal agreement should allow some authority for cities to determine how joint planning areas will be developed and, since joint planning areas should be considered future annexation areas for cities, development within these areas should be consistent with the cities' regulations. Development Projects The City of Spokane Valley is increasingly concerned about impacts from development projects taking place in unincorporated Spokane County adjacent to the City's limits. Traffic generated by such new developments must travel on Spokane Valley streets, causing increased congestion at intersections. In severe cases, this additional traffic . may cause concurrency failures, resulting in no new City development unless the intersection capacity can be increased. To date, Spokane County has not been responsive to issues raised by Spokane Valley concerning impacts generated by new development, nor have the developments been approved consistent with the City's ; regulations. , Urban Growth Areas, Zoning and Development, continued August 9, 2005 Page 4 of 5 To illustrate this concern, we should consider the recent addition of 244 acres of ~ undeveloped land in the Turtle Creek/Morningside area. If the property is developed at four units per acre (the maximum is six), 976 new homes would be constructed outside the City, generating 10,736 daily automobile trips. Most of these trips will impact City streets, potentially causing concurrency failures along the Sullivan corridor. lnter,ection 2005 PM Pcak PM Pealt :GOS with Hour J.,OS Appraved Develo ments S rab e/Sullivan 1a F* Saltese/Sullivan C F* . ;2° / SR 27 c - LOS frorn Baek 9 SpflrtS Bsr and Timbc.rlane Terrace traffic impact analyses. SEPA The State Environmental Policy Act (SEPA) requires jurisdictions to consider impacts that result from new development. Jurisdictions are required to evaluate ttie potential environmental impacts from a proposed development project and make a Determination of Significance (DS), a Determination of Non-Significance (DNS) or a Mitigated Determination of Non-Significance (MDNS). A DS requires a full Environmental Impact Statement to be prepared by the applicant. An MDNS identifies conditions that will , mitigate the environmental impacts, while a DNS requires no mitigation. The City of Spokane Valley typically issues MDNSs for development projects. Mitigation typically addresses traffic safety and capacity issues, environmental concems and protection of cultural resources. Spokane County routinely issues DNSs on their development projects, regardless of impacts identified by affected agencies and citizens. Spokane County Comprehensive Plan Update Spokane County is required to update its Comprehensive Plan, originally adopted November, 2001, by the end of 2006. A major part of the update is to review and, if necessary, expand UGAs in order to accommodate a new population projection. The first step in the update process is to make a 20-year population projection. The GMA requires counties to use the Washington State Office of Financial Management's (OFM) population projection. OFM produces low, medium and high population projections and the County Commissioners have indicated that they will use the high projection for the UGA update. This means that the County is planning for an additional 221,646 people by the year - 2025 for a total countywide population of 657,946. The April 1, 2005 estimate for Urban Growth Areas, Zoning and Development, continued August 9, 2005 Page 5 of 5 Spokane County is 436,300 people. Use of OFM's high projection results in about a 51 percent increase in population over the 20 year period. To accommodate this growth, County Commissioners have stated that they would like to add in excess of 11 square miles to the Urban Growth Area. Community Development staff forwarded a letter to the County Building and Planning Department highlighting a number of concems with the County's approach to their Comprehensive Plan update (see Attachment 'C", letter to Spokane County). Conclusion At the August 9 City Council meeting, staff will present a summary of this information and will be available to respond to questions or to receive any feedback from Council. ~_J . SCl7'YpoKane Valle y 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921-1000 • Fax (509) 921-1008 • cityhall@spokanevalley.org February 5, 2004 Mr. Paul Jensen, Senior Planncr Spokane County Publ.ic `TJorks DePartmcnt Division of Building and Plan.ni.ng 1026 West Broadway Spokane, WA 99260-0050 RF: Comprebensive Plan A.mcndmcnt No. 03-CPA-51= Dahm Development Dear. Mr. .ienscn: Thank you for the oppartun.ity to comment on Spokane County's 2003 Comprehensive Plan Amendments. Interjurisdictional coor.di.nation is a critical element of the Washington State Growth Ivlanagement Act (GMA). Our City apprcciates and supports an opcn, collaborative public process to address planning issues that cross boundaries. Please consider the following comments. SpoE:ane Valley Comprchensivc Plan Spokane Val]ey is just begi.nning to develop a new Comprchcnsive Plan, one that wtill rcflect thc vision of Spokane Valley citiz,ens. A.n important part of the planning process is tn analyze rhe capacity of lhe City to accommodate new go«'th, and a proPosal far revised Urban CrroAth A.rea boundaries if adjustrnents prove necessary. Spok.ane Valley is committed to worl;ing on UGA issues c;aUaboratively and inclusive of all interested public agcncies a.nd private i.ndividual.s and Ailhin the f.'iamework of the Count~~-.ide Planning PQlicies. Cuuntywicle Flan ning Pol.icics • The Countywide Planning Policies (CVRP) require a 5-ycar review of the Urban Grow-th Area. 1 he Steering Cnmmittee of Elected Officials may rcquest an earlier review ' circumstances dictate an earlier adjustment (CVRP, Policy Tapic No. 1, Policy No. 19). The tYrst count},widc UGA review should commence in the fall of 2005. Majar LTGA amenciments should only be considercd during the 5-}Jear Countywide update of the UGA. Further, t]ie CWPP requi.re that a.ll UGA proposals be revicwed first by the Steering Commitcee of Elected Off cials, thcn by the County Commissioner.s. Given this policy guidance, it appears thai the proposed amendment should not have bcen accepted by Spokane County. - ~ • ' t ~ \ J ATTACHMENT B Conclusion Spokane Va.lley respectfully requests that all pmposals to ehpand the UGA adjacent to i the Cit), bc deferred aad that interested parties be directEd to ttie City's compre.hensive plan.n.i.ng process i.n lbe future. Spokane Valley furthez requests that Spokauc Count), clarify criteria used lo determine When UGA a.mendment propasals c.an be accepted by the County. This will ensure a consisient review and update of Urban Growlh Areas. T_f yvu have any questions concerning this correspondence, please contact me at 921-1000_ Sincerely, Marina Sulr,up, A,1CP ~ Director of Community .Iaevelopment Cc Dave Ivfercicr, City Manaber Nina Regor; Deputy City Manger Greg McCocmick, Lang Range Planniug Matiager Ca.ry DriskeU, DePuty City Attomey l7oug Smith, ConLniunity Development Dircctor; City of Liberty Lake . Healher Cannon, Planning Director, City of ivvl.illwood . Dave Mandyl:e, I.nterim Planning I7irector, City of Spokane Phil Harris, Spokane County Commissioner Katc McCaslin, Spokazie Cvunty Comm.issioner John Roskellcy, Spokane County Commissioner . , ~ SValley 11707 E. Sprague Ave, . Suite 106 •Spokane Va11ey, WA 9920 b (509) 421-100 0 • Fax (509) 921-1008 • cityhaaI @spoEcanevalI ey,org June 30, 2005 . W. James M=on, Llirector . Spokane County Building ard Planning Dcpartrnent 1026 West Broa.ciway Spakane, WA 99260-0500 RE: 2 005J2006 Spokane Cnr,oty C nmprehensivc Pian Upd atc 17ear PAr. Mansan: . "llte City of Spolcane Valley is pleased to provide itufia2 co=ent on Spokane County's 5-year updaw ofits Camprehenstve Plan. Vl{e Iook forward to cooFdinatittg v►7th 1h e Covnty throughout the update pxocess. Our cxxmrments are specific to public - participation, popolation prvjections, TJrbasa C'rrowth Areas (CTCAs), joint plann~ an.d interlocal agreemextts, Puh~ c ParticipafiorxlCoordiaation . i T'he GTo-.vtk, Manageme.nt A.ct (GIVTA) and Countywide Planning Policies rcqwre early and coniinuou,a public particfpation and a Wg}x leve1 ofcoordination betwcesx loca1 • governments. The Spokaue County Comtnissioners reQen.#J.y app.rovexl ameii cirxKents to ~ fhc County Comprehensive Plan, expandiz,g tb_e Urban CTrowth Area (UCrA) by nearly 700 acres. T'hese arnendrnenis were appzoved dunng a setEiement hearing with na notic.e , pravided to our jurisdiction. The addi#ion af400 acres in the'i'urtle Creek axea will mate signi15.cant im.pacts within the City of Sp okane Va11ey and we should have beela cansulted priorta approval ofthis sigzyificanx UC'zA. expa.nsion.. We request #hat Spakan.e . Couxxty follow the, spirif and iutent of iis PubJic Pa3ticipati an Gui deunes throughout the cntire update pxocess, including noticc of all public heari,ngs to aIl cities and tawns watba.m . ~ tixe Caun~y. Yl,pulation Projectinns ~Spokane County proposes to use the high populatinn pmjection fx~recasted by tbe Wasbingban State Office of Fiuancial Management (OFNC). Popu3ation forecast~ ; st~rve a-~i the foundstion for all plartning activ3ties, including plmning for facilities such as roads • . and sewers. Using unrealistic populafian projactions for ~~aming purposes may result im over-estimating f,uture facili.lyneeds, potentially creafing a financial burden an oux citfzens. Tv date, we have not recei~,ad su~'a.cient da#a ta determirie if this projection is realistic far our reLicrn. . - , ATTACHMENT C - Urban Growth Area Ezpansic►n 'I'hc GIVTA and Count3rwide Planning Policies, as aznended i.n 2004, provi.de a c;l.eaz - pracess to designat:e UCrA_s. UGAs ttre designated by determiaing the aniount of ava.ilable land required to serve the projected population and the ability ta provide facilities and services at minimum Levels of Service. UGA proposals must first bc considered by the Steering Committee of Elected Of~'icials to ensure regional ' eoordination. Spokanc Valley wi,ll particiPate in the update process and requests that the County oaly make r.evisions to the UGA contiguous to our City with our involvement. Wc further rcqucst that the Counry consider t3GAs contiguous tio cities as future annexation arreas, specific to individua] cityes, as the Countywide Planning Policies and GMA suggest. If cities Plan fpr grnwkh areas, there sb.oul.d be an expectation that those areas will ultimately be annex.ed in the fufure. UGAs are designated by determining that aciequate publ.ic .f'aciliiies and services cau be pmvided'to supporl anticipatecl development. Unrealistic population projections and expansive Urban Growth Areas will place a tremendous burden on facility providers anci . ratepayers. Spokane County should encourage new dcvelopment to locate within existi.ng UGAs with adequate in;frastructure, and should only expand UGAs as necessary to support a realistic populatian projection. Joint Planning//Tnterlocal Agreements - \ The Countywide Planniug Policies and RCW 36.70A.210 (3)(f.) requize joint county/city ~ planuing within UGAs to ensure coordination between commun.ilaes and to resolve potential conflicts. To our knoevledge, Spokane County, bas not engaged iu joint planning with any city or tovvn -after adoption of the Spokane County Comprehensive Plan in November, 2001. Inapacts on our City generated by development outsicie our bnundary must be fairly mitigated. 1`he reasonable way ta resolve these conflicts is to eugagc in joint planning and fo execute intcrlocal agreements'that dictate t.he regulafions thaf apply wilhin UC'7As. 1'hank you again for the opporhunity to comment on the County's Comprehensive Plan Upciate. We intend to actively participate in the update process and look fonvard to future discussions over the i3sues raised. . S' rely, rregor . c rm.ick A.ICP ' 1'lanni TVI ger . . Cc Dave vfercier, City Mauger . _ Nina Regor, Deputy City Manager _ Cary Driskell, City Attorney Marina Sukup, Community Development 1?izectnr ~4~s+ Ct'p[[lp[eh4w1Ve Plal1 '~rzs ~ . ...Y - , ~ ~ pro tl`rh" Fliu I x' . ~ Ji ~ ~ ~u ' - . . '~f M 1 _ •Ol ~ ~ ~ Lr Iln~ad Y . 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Re: Update, 2005 Service Agreements with Spokane County Spokane Vallcy has 17 service agreeinents with Spokane County. 1vlacip of the city services are _ " perfonned by the County through uiterlocal agreements. Most.*af thcsc interlocal agreements expired at the end of 2004, vut the City and County agreed to eYtend the conlraet,s under existing terms pending finaliratihn of the reviscd contract provisions. lhe City and County staff have beEn working on cieveloping a inodel agreement to utilize 'vl the rencwal of these agreemetits for the , ycar 2005 anci beyond. Individual agreements will be presentcd to Council as tbey are finalized among staff, beginning Augttst 23. This agenda item presents thc model agreements for thc two types o1' agreements, "Pay as You Go" and "Settle and AdjusY'. . Mpdel Agreements are in final draft forTn, ready to be presented to Council. vlaciel Agreemeiit 4A will be «sed for agreements that have a"Settle and Adjusc" provision. Model Agreenient 413 will be used f"or agreements that are "Pay as Xou Go". Both model agreemeuts arE attached to this document. The scope of work for individual agreements will be defined in Fxhibit 1 of each agreement. `l'he cost mEthodolpgy !'or each individual agreement will be coniained within E:chibit 2. Tables 1 and 2 below comPare the 2005 budget and contract amounts f'or both types of agreements. Table 1: Riidget versus Contract-Settle and Adjust Contracts n ma is ic mergency aw u ic Control Court MgmL Enforcemont Pre-Trial Prosecution Defender Total 2005 CDntract $ 414,268 741,681 66,363 12,874,015 41,708 297,614 320,516 14,756,1e5 • 2005 SV eudget 409,627 691,328 64,700 12,832,303 ' 32.M 294,159 310,028 14,694,243 $ DlFference $ 4,641 $ 50,353 5 1,683 $ (18,288) $ 9,610 $ 3,455 $ 10,488 $ 61,942 , Update, 2005 Service Agreements with Spakane County August 9, 2005 f'age 2 of 2 Table 2: Buciget versus Cuntract - Fay as You Co _ oaring Examiner Jury Mgmt. GIS Total Est 2005 Contract 52,913 4,581 126,974 186,468 2005 SV €~udget 60,a00 5,000 140,000 205,000 a Difference (7,087 (419) (11,026) (18,532) The agreements For jail services and for Gcigcr arc continuing to be negotiated. '17he agreements for road maintenance, enginecring scrviccs, YLUS System, and precinct maintenauce cio not fall uncier the modcl -agreemcnt at this time. The probation service agreetzieut that will be presented to Council on Aiigust 9 proposes no payment by the City in exchange for the Colulty retaining all associatcd revenues. -'This agrccmcnt does follaw the model agreement format. Individual agreements utilizi.na the model agreement.f.nr-mat ~~ri.ll be presented to Council beginning August 23: - t3udget amounts for the 2005 agreeme»ts were based on h.istoric•al increases a.ud usage trencls k:npwn at t11e time and applied to the fulure year 2005. . The differences between budgeled ainounts and contract amounls identi fied abnve are less than 1.% of the total contract amounts. Attaclulieuts (2): Model Agreement 4A Model 4greemenl 4I3 MQDEL AG.REEMENT 4A j-1 Return to: Daniela Erickson, Clerk of the Board Board of County Commissioners 1116 W. Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR SERVICES IN THE CITY OF SPOKANE VALLEY (January 1, 2005 -December 31, 2005) THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY° and . the City of Spokane Valley, a municipal corporation of the State of Washington, having offices ~ for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter refeRed - to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS . ' (a) The Board of County Commissioners of Spokane County has the care of COUNTY property and the management of COUNTY funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Inter►ocal Cooperation Act). (c) Pursuant to the provisions of (d) The City of Spokane Valley desires to utilize the services of Spokane County for the purpose of . SECTION NO. 2: DEFINITIONS (a) Aqreement. "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding Services. ; . . Page 1 of 9 vIQDEL ACREEMENT 4A (b) CITY. "CITY° means the City of Spokane Valley. - ~ (c) COUNTY. "COUNTY" means Spokane County. (d) Maintenance and Operations. LLMaintenance and Operations" and CM&O" shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (e) Services. "Services" means those services identified in Exhibit 1. (f) Compensation. "Compensation" means that methodology set forth in Exhibit 2 used to establish the amount of money which the CITY will pay the COUNTY for providing Services. (g) Capital Improvement. "Capital Improvement° shall mean any expenditure of $2,000.00 or more. Any such expenditure will be coded as provided for in the BARS- manual adopted by the State of Washington under RC1N 43.8011 (h) , Uncflntrollable Circumstances. GUncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. (i) Report. "Report" means the Spokane County Geo-Coded Analysis Report . prepared by the Spokane County Sheriff's Office. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the COUNTY will provide ServiGes on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S Council/Manager form of govemment provided for in chapter 35A.13 RCW. SECTION NO. 4:' DURATIONfINITHDRAWAL This Agreement shall commence at 12:01 A.M. on January 1, 2005, and run through 12:00 P.M. December 31, 2005. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 15i to December 315t All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the estimated costs for each year's Services will be available at the start of any renewal time frame. Accordingly, unfil a new Exhibit 2 has been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same monthly payment rate . used for the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and Pagc 2 of 9 MODEi, AG1tGEMENT 4A COUNTY will reconcile payments to date under the previous year's payment schedule with the new payment schedule. Any underpayment for any Services will be due in the first payment due following reconciliation. Any overpayment for any Services will be credited to the tirst monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any Parry may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as proviiied for in Section 7 to the other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the actual Gosts for Services provided under this Agreement. The estimated cost for 2005 Services under this Agreement shall be as set forth in Exhibit 2, attached hereto and incorporated herein by reference: This methodology uses the last six (6) months of Report numbers for 2003 and first six (6) months of Report numbers for 2004 and averages them for a twelve (12) month time frame. The resulting number is used as a basis to estimate the 2005 cost of Services_ The COUNTY CEO-shall advise the CITY Manager as soon as possible of any anticipated or unanticipated capital improvement costs 'that arise during the contract period. Any such capital improvement costs shall be amortized over the useful life of the improvement, and the increased cost in the Agreement resulting from the improvement shall be calculated by the Parties in the settle and adjust period following the contract term. Any capital improvement for which the COUNTY seeks ~ - reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. At the end of the calendar year, using the methodology set forth in Exhibit 2, the PARTIES shall apply the actual expenditures and the actual usage percentage to determine the final cost. It is the PARTIES intent that any adjustment take place as soon as possible and accordingly will use their respective best effoRs to timely prepare, disseminate and review all expenditure documentation. The CITY will have sixty (60) Galendar days from its receipt of the expenditure documentation to provide the COUNTY with any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in question. The COUNTY agrees to consider all written objections received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES c.annot mutually resolve any written objection(s) submitted by the CITY within the thirty (30) calendar day`s time frame, or such other • time frame as the PARTIES may mutually agree, the objections shall be resolved pursuant to the . Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), ' the PARTIES agree that the CITY shall pay that portion of the bill that is undisputed. To the extent that the CITY was over billed in any year and the Agreement is still in effect, the COUNTY shall credit the CITY for such overpayment in the next monthly payment owning by the CITY. Provided, however, in the event the Agreement is terminated at such time that the overpayment is determined, the COUNTY shall reimburse the CITY for any overpayment within thirty (30) calendar days. To the extent that the CITY was under billed in any year and the Agreement is still in effect, the CITY shall reimburse the COUNTY for any under payment in the next monthly payment owing by the CITY. Provided, however, in the event the Agreement is terminated at such time that the underpayment is determined, the CITY shall reimburse the COUNTY for any underpayment within thirty (30) calendar days. Either Party may at its sole , Page 3 of 9 , ' 1VYOllEL AGREENIE\TT 4A option charge interest on any overpayment or underpayment based on lost interest earning had - the amount determined due been invested in the respective PARTIES investment pool at the end ; of the thirty (30) day time frame provided for hereinabove to the date of payment. Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall include at the request of either Party, a determination of whether interest is appropriate, including the amount. The COUNTY will bill the CITY for the cost of services as outlined, monthly, by the 15th of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by twzlve (12). Payments by the CITY will be due by the 5t' day of the following month. The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest eaming had the amount due been invested since the date due to the date of payment in the COUNTY's investment pool. • SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES • The COUNTY or its designee agrees to attend staff meetings as requested by the CITY Manager. The COUNTY or its designee agrees to meet upon request by the CITY Manager or hisfher designee to discuss any Service provided under the terms of this Agreement. The CITY agrees the COUNTY may use the COUNTY'S stafionery in conjunction with providing Services under the terms of this Agreement. SECTION NO. 7: NOTICE All natices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: COUNTY: Spokane County Chief Executive Officer or hislher authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or hisfher authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 8: REPORTING Reports - The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement. The Parties agree that the terminology "reports documenting actual usage" means Page 4 of 9 vIODEL AGl7EEA1ENT 4A that type of information provided by the COUNTY to the CITY in the 2004 agreement for Services. An updated report shall be submitted quarteriy unless otherwise mutually agreed by the Parties. Such reports shall be in a format as mutually agreed to between the Parties. The content and/or format for such reports may be changed from time-to-time by written agreernent between CITY and COUNTY staff. Records Review - The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY will provide the COUNTY vwith reasonable advance notice of the records reviews. The Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. If fhe CITY will be allowed to view only those records directly relating to Services provided within CITY's corporate boundaries, then the COUNTY rnust keep a log of original documents usetl to charge the CITY, and those documents must have identifying numbers or letters so the original source documents can be easily retrieved. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT ' f `1 No Party may assign in whole or part rts interest in this Agreement without the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES . The COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: LIABILITY (a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agents and employees, relating to or arising out of performing Services . pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is braught against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of . governmental or public law is involved; and if final judgment in said suit be rendered against the /Pagc 5 of 9 MODEL AG17E~EVIENT 4A CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the COUNTY shall satisfy the same. % (b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, from any anci all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy th,e same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. (fl The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (e) The COUNTY and the CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement wvith coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto liability coverages. SECTION NO. 13: RELATIONSHIP OF THE PARTIES . The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY, that the CITY is interested only in the results to be' achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. ~ I'sge 6 of 9 MOAFL AGREEMEI\TT 4A ~ SECTION NO. 14: MODIFICATION This Agreement may be modified'in wnting by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT • The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original otivner, unless specifically and mutually agreed by the PARTIES to this Agreement. • ' SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement: No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 17: DISPUTE RESOLUTION Any dispute betvieen the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY ~.%CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The tvio selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION NO. 18: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any 'action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 19: SEVERABIUTY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts . to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. Page 7 nf 9 vIODEL ACREENIENT 4A If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and - this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 20: RECORDS All public records prepared, owned, used or retained by the COUNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and attomey work product privileges set forth in statute, court rule or case law. The COUNTY will notify the CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 21: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. . SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCESlIMPOSSIBILITY A delay or inteRUption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY which render legally impossible the perFormance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: FILING . This Agreement shall be filed by the County wifh such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. , , Page 8 of 9 iMOT)FT,, AGREFMENT 4A SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue-reducing initiative(s). If sUCh an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO. 27. COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 28: DISCLAIMER Except as othervrise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or powers under law. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ~ . PHILLIP D. HARRIS, Chairperson ATTEST: VICKY M. DALTON CLERK OF THE BOARD MARK RICHARD, Vice-chairman BY: Daniela Erickson, Deputy TODD MIELKE, Commissioner DATED: CITY OF SPOKANE VALLEY: ' ATTEST: David Mercier, City Manager . , Christine Bainbridge, City Clerk Approved as to form only: . ( i Cary P. Driskell, Deputy City Attomey Page 9 of 9 VIODEL F1GItEEil'IENT 4I3 Return to: Daniela Erickson, Clerk of the Board . Board of County Commissioners _ ~ 1116 W. Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR SERVICES IN THE CITY OF SPOKANE VALLEY (January 1, 2005 -December 31, 2005) THIS AGREEMENT, made and entered into by and between Spokane County, a, political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as °COUNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act). (c) Pursuant to the provisions of (d) The City of Spokane Valley desires to utilize the services of Spokane County for the purpose of Page 1 of 9 NIQ:DEL ACitEE1VTENT 4B ~ ~ SECTION NO. 2: DEFINITIONS . (a) A-greement. °Agreement° means this Interlocal Agreement between the CITY and _ COUNTY regarding Services. (b) CITY. °CITY" means the*City of Spokane Valley. (c) COUNTY. "COUNTY" means Spokane County. (d) Maintenance and Operations. "Maintenance and Operations" and °M&Op shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (e) Services. "Services" means those services identified in Exhibit 1. (f) Compensation. °Compensationp means that methodology set forth in Exhibit 2 used to establish the amount'of money which the CITY will pay the COUNTY for providing Senrices. ' (g) Capital Imqrovement. ,'Capital Improvement" shall mean any expenditure of ~ $2,000.00 or more_ Any such expenditure will be coded as provided for in the BARS- ~ manual adopted by the State of Washington under RCVV 43.84 (h) Uncontrollable Circumstances. "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of teROrism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are . performed and/or that directly affect providing of such Services. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the COUNTY will provide Services on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S CouncillManager form of govemment provided for in chapter 35A.13 RCW. SECTION NO. 4: DURATIONIWITHDRAWAL 'This Agreement shall commence at 12:01 A.M. on January 1,- 2005, and run through 12:00 P.M. December 31,' 2005, unless one of the PARTIES provides notice as set forth in Section 7 of termination pursuant to Section 14 of this Agreement. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January 1g1 to December 315t All renewals shall be. subject to all terms 'and conditions set forth herein except for Exhibit 2. Patie 2 of 9 • { N1QllEL AGREElVIENT 4l3 The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the new billing rates for each year's Services will be available at the start of any renewal time frame. Accordingly, until a netiv Exhibit 2 has been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same billing rates paid in the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the previous years billing rates with the new billing rates. Any undenpayment for any Services will be due in the first payment due following reconciliation. Any overpayment for any Services will be credited to the first monthly payment due following the reconciliation. The PARTIES agree that no interest-shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 180 days written notice as provided for in Section 7 to the other Party. SECTION NO. 5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in Exhibit 2, attached hereto and incorporated herein by reference: The COUNTY CEO shall advise the CITY Manager as soon as possible of any anticipated or . unanticipated capital improvement costs that arise during the confract period. Any such capital improvement costs shall be amortized over the useful life of the improvement, and the increased cost in the Agreement resulting from the improvement shall be calculated by the PARTIES and paid within 30 days of receipt of request by the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. The COUNTY will bill the CITY for the cost of Services monthly, by the 15'" of the month for the previous month. Payments by the CITY will be due by the 5'h day of the following month. At the sole option of the COUNTY, a penalty may be assessed on any late payment by the CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. The CITY may dispute any monthly billing. Pending resolution of any dispute, the PARTIES agree that the CITY shall pay timely that portion of the bill that is undisputed. In the event the CITY disputes any monthly billing it shall include in conjunction with the monthly payment a letter stating viith specificity the basis for the dispute. The PARTIES agree to meet within thirty (30) calendar days of the COUNTY's receipt of the documentation letter stating the basis for the CITY disputing any monthly billing to resolve the matter. In the event the PARTIES cannot mutually revolve the matter within the thirty (30) calendar day time frame, unless • otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. The selection of arbitrators as provided for in Section No._17 shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day time frame. Any resolution of a disputed amount through use of the arbitration process identifed in Section 17 shall include, at the request of either Party, a determination of whether interest is appropriate, including the amount. The PARTIES recognize that it is not always possible for either Party to discover errors in billing. The PARTIES further recognize that there, must be some finaliYy to addressing such errors. 1':►ge 3 of 9 MUDEL AGREElV1:E.NT 4B ~ Accordingly, the PARTIES agree that both PARTIES are foreclosed from challenging any errors in billings if the matter is not drawn in writing to the other PARTIES attention within thirty (30) calendar days of the last invoice of the calendar year. Errors raised 4vithin this time frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 17. . SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or its designee agrees to attend staff meetings as requested by the CITY Manager. The COUNTY or its designee agrees to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terms of this Agreement. • The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing Services under the terms of this Agreement. SECTION NO. 7: NOTICE , All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other :0 Party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative , Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 8: REPORTING Reports - The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement at the same time each invoice requesting payment is made, unless otherwise mutually agreed by the Parties. The Parties agree that the terminology "reports documenting usage" means that type of information provided by the COUNTY to the CITY in the 2004 agreement for Services. Such reports shall be in a format as mutually agreed to between the Parties. The content andlor format for such reports may be changed from time-to-time by written agreement between CITY and COUNTY staff. _ Records Review - The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY will provide the COUNTY wfth reasonable advance notice of the records reviews. The Parties agree that they will Pagc 4 ot 9 MODT:L AC-REEM-ENT 4I3 ma9ce best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. If the CITY will be allowed to view only those records directly relating to Services provided within CITY°s corporate boundaries, then the COUNTY must keep a log of original documents used to charge the CITY, and those documents must have identifying numbers or le#ters so the original source documents can be easily retrieved. SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shap together constitute but . one and the same. SECTION NO. 10: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement +rvithout the written approval of the other PARTY. SECTION NO. 11: COUNTY EMPLOYEES The COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: LIABILITY (a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agenfs and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, the COUNTY shall satisfy the same. (b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liabil'rty, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omissi6n of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of Page 5 of 9 , MQD:CL AGREEMENT 4B Q governmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy the same. (c) If the comparative negligence of the Parties and their officers and employees is a cause of . such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity andlor omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. - (o The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (e) The COUNTY and the CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not (ess than $5,000,000 per ~ occurrence with $5,000,000 aggregate limits including professional liability and auto liability coverages. ' SECTION NO. 13: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY, that the CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the ' discretion of the COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY ior any purpose. SECTION NO. 14: MODIFICATION This Agreement may be modified in writing by rnutual wrrtten agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. Page 6 of 9 M4DEL AGREEM.E NT 413 . SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT . This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 17: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be submitfed to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter-7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES.. SECTION NO. 18: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation ' and pe►formance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 19: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 20: RECORDS All public records prepared, owned, used or retained by the COUNTY in conjunction wifh providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager subject to the attomey client and \._1 Page 7 of 9 MODEL AGREEMENT 4II j~ attorney woric product privileges set forth in statute, court rule or case law. The COUNTY wili notify the CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 21: HEADINGS . The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the _ obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCESlIMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting . from any change in or new law, order, rule or regulation of any nature which renders providing ~ of Services in accordance with the terms of this Agreement legally impossible, and any other . circumstances beyond the control of the COUNTY which render legally impossible the performance by the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: FILING This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34 RCW. SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming`this Agreement. SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES.. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue-reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. ~ Page 8 of 9 iVIQDEL AGREEMENT 4B SECTION NO. 27. COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations, to the. . extent that they may be applicable to the terms of this Agreement. , SECTION NO. 28: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that woultl limit either Party's authority or powers under law. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON PHILLIP D. HARRIS, Chairman ATTEST: VICKY M. DALTON CLERK OF THE BOARD MARK RICHARD, Vice-Chairman BY: Daniela Erickson, Deputy TODD MIELKE, Commissioner DATED: CITY OF SPOKANE VALLEY: ATi'EST: David Mercier, City Manager Christine Bainbridge, City Clerk Approved as to form only: Cary P. Driskell, Deputy City Attorney Paee 9 of 9 S p6llane ,;ooOValley . 11707 E Sprague Ave Suitc 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhaftspokancvalley.org Memorandum Date: July 29, 2005 . To: Council Members Cc: Dave Mercier, City Manager Neil Kersten, Public Works Director Nina Regor, Deputy Ciry Manager From: Steve M. Worley, Senior Engineer- Capital Projects Re: Valley Corridor Project Update The Valley Corridor Enviroiunental Study has officially begun and we had otu first technical team meeting with variaus stakeholciers on July 14'h. T11e purpose of this portion of the emriroiunental stucly is to get a selecced prefcrred altemative on SRTC's Ivlctropolitan Traiisportation k'lari. This is required bcfore we can usc the $4.2 nullion in TIB funds already allocated to this project and before we can apply for additional federal funds to 1~ - - comPlete the project. The project goal is to: Fstablish the transportation clefrciencles ulryng the Yalley Corridor to assi,st in developing a preferred ulterriative for llie completion of' the Corr•rdvr that meets Kegionul and Locul nhjectives of r'mproved econo,riic development, safery, und mability for all »rodes in the corridor. Two teans have been dcveloped as part of lhis effort. The first, as mentioned above, is the teclinical team; or more formally, the Intcrdisciplina-y Tcam (ID"I'). The IDT is made up of representativcs from several transportation ageneies along with several valley business groups. The second leam is the Acivisory Tean (AT). "1"he AT will provicie guidance to the city and our consultaiit during the project to ensure that the processes wc go through meets all necessary fecieral and local requirements for getting the pre.f.erred alternative adopted on the vletropolitan Transportation Plan. A list of the ID'T' and AT metnbers is attached for your review. Our consultant, CH2M H1LL (CH2A) developed several technical memos anci a project schedule for stakeholder review. The purposc for presenting lhese technical memos at the first IDT meeting was to get `buy in' from the stakeholders carly in the project ou how the technical traffic analysis issues will be deal't with. ~ Attached for your penisal are lhe follo4vino documents: Meeting Sum.mary and Attendance List - 15` IDT Meeting -.luly 14, 2005 • Technical Mcmorandum # 1- Data Collection • Technical Memorwidum 42 - Transportation Methods and Assumptions • Technical Mcmorandiun #3 - Lvaluation Methods and Criteria . • 1'roject Schedule , A public lilvolvement process is also included as a part of'this pro.icct. We arc coordinating -with our new 1'ublic Information Offir.er, Cdrolhelle }3ranch; on the following public outreach elements: - • Stakeholder lnterviews • Supporl Website with Data • Yrojcct Mail'uig List • Two OPen Hause E:vents • Nledia Relations • List of Issues and Concerns • Froject TTewsletters Our currcnt schedule (subject to change) for the remaining IDT meetings arid public open houses . is as fnllaws: . • lst Public Open 1-Touse - August 17, 2005 • ' • 2nd :l (xT Meeting - August 18, 2005 • 3rci IDT Meeting - Septembcr 15, 2005 • 4th lll"1" Mcetirig - October 20, 2005 • 2nd Opcn House - October 21, 2005 • SR.TC Meeting - Novernber 10, 2005 Wc will keep you updated as we work. our way through this project. Please let Neil Kersten or me know if }rou liave any queslions regarding the attached information or about the project itself. . Valley Corridur Intcrdisciplinary Team (TDT) WSDOT -:1'lann.ing/Develapment Services Kcith Metcali' ' WSDOT, Fastem Region 271.4 NTOrth May-fair Street . Sgokane, WA 99207-2090 G-reg Figg , WSl70T; Eastern Regian 2714 North Mayfair Street Spakane, `'VA 99207-2090 . Spokane Transit Authority K.C. Traver Light lZail Projecl Vianager Spokane Transit Authority 1230 W. Boone Sgok.ane, WA 99201-2686 Spokane County • R.oss ICelley Spokane County Lngineer 1026 W. E3roadway Avenue Spokane, WA 99260-0170 City of Spokane Tom A.rnold Tai.rector of Lnginccri.ng Services City of Spokane 808 W. Spokane Falls Blvd. Spokanc; WA 99201-3343 ' . , Spokane Va11ey Chamber of Commerce Eldonna Gossett Spokane Valley Chamber of CoIIUnerce 9507 E. Sprague Avenue Spokane Valley, WA 99206 Spokane Vallcy Business Association Dr. Phil Rucly, DDS Spokane Valley $usiness Association PO Box 14485 Spokane Valley, WA 9921.4 Quinn Group Se.an Lumsdcn Quinn Group 727 West Garland Spokane, WA 99205 SR1 C Ed Hayes Spokane Regional Traasportation Council 221 W. Fi.rst Avenue, Suitc 310 Spokaue, WA 99201-3613 Valley Corridor Advisc►ry Team . ~ ' WSi70T Bill McC;ammon/Keith Marfin WSDOT, Eastem ReD on 2714 North Mayfa.ir Street Spokane, WA 99207-2090 FHtiVA Steve Saxton/Sharon Love SRTC Glenn 1Vliles Spokane Regional lraosportation Council 221 W. Fust Avenue, Suite 310 Spokane; WA 99201-3613 ~ l 1 . MEETING SUMMARY CH2MHILL 1st ITD Meeting - Ju1y 14, 2005 Spokane Valley Cify Hali Spokane Valley Corridor ATTENDEES: ' Project Team: Spokane County-Ross KeIley Steve Wor7ey, Tnga Note, Neil Kersten- Spokane County-Bob Brueggexnan - City of Sgokane Vailey Spokane Trarisit Authority (ST'A) - Marlena Guhike, Jeanne Acutanza, KC Traver . Jim 17ingf'ield, F3ob Beclman-CH2M HTLL City of Spokanc-Tom Arnold Christ'Tne Fucston-Ruen Yeager Spokane Regional Transporhataon Couctcil (SRTC) -Hd Hayes • Interdisciplinary (IDT) Tethnical Team: W'STaOT=Keith Metcalf Advisory Team: . WSDC'1' F'laztning-Bill Bennett WSDO r-Steve Yach CoMES: InterdisciPlinarY (fDT Technical Advisnry Team: Team: - Federa.l Haghway Administration- Spakane Valley Chamber of Steve Saxton/Sharon Love Commerce-IIdonna Gossett Washington State Department of , Transportadon-Bill McCamm.on, Keith Mar.tin STZTC-Glenn Miles ' FRaM: Marlena Guhlke/CH2M I-IILL DATE July 78, 2005 Introduction , The Valley Corridor Environmcntal Analysis Project (project) held a kicl:-off ineeting to define the project and review three technical memorandums related to data collectian, transgortation methods and assumptions, and evaluation mel•hods and criteria. The following summariz.es khe niecting discussions_ Summary of Meeting Yhe first Interdisciplinary TechnicalTeam (IDT) meeki.ng for the Spokane Valley Carridor AnaIysis was held on July 14, 2005, at Spokane Valley City Ha11. Introductions were made by Steve Worley, and the agenda was reviewed by Marlcna Guhlke Sbeve gave a projcct overview, describing the pre-project hi.story from 1999 6o present- ' It was pointed out that #he corridor, now under envi.ronmental review, includes the entirc length of road that starts at University Road and extends tn tfie intecseckion of AppleNvay . Avenue and the railroad right of way. Although the environ.rmental review -will be for the enti,re corridor, the project is likely m be constructed in phases: Phasei-from I-90 to SFWFEtPIG SUMMARY-7-1446.DOC 1 332535A9A1 . 1 ST ITD Y.=cTUJG - JUIY 14, 20M, SPOKANSE V.4LLEY Cf1Y HALL, SPOF:ANE VhUZY CORiBDOR University (already constructed and in operation); Phase II-from University 17oad to Evergreen Road; Phase III-from Evergreen Road to khe intersection of Appleway Avenue a.nd the railroad right of way. It also was explained that fihc pr.oject will identify corridor alternatives that address corridor defxciencies, to be discussed in a transportation discapline report. These alternativES wi.ll be developed from a"clean slate;' and wi;ll indude review of the five a.lternatives that were selected in the previous evaluation_ of this project Frozn the newly idcnti.fied aItematives, three to four will be selected that best meet the purpose and need of the project These will be na.nowed to a final preferred altErnative, based on specific selection criteria, technical team input, and public caznments received. The fixial preferred aJ.kemative hrill undergo dehailcd environmenial revicw and scruYiny to satis.fy National Environx.nental policy Act (NEPA) requ.izements_ The goal was su.znmarized as follows: Establish the transportnHon def'eciencies aiorr.g tlae VaIIEy Corridor to assist in deveioping a preferred alternutive for the complefion af Uie Corridor that nteets regionai and Iotal aFrjectives of improaed ecrmomic develnpmeret, safety, rmd m.obility foi ali trcrnsporEation modes in the Corridor. . Nc.xt, various actions or cond.iiaons were described that will funclion as enablers and disablers to the project, or in other words, either will help the projecl• progress (enablers) or will slow it down (disablers). Enablers include: • Cooperation among team members • I,nifial availability of fu,nd.ing . • Willingness ta corx►promise - • Eagcrne.ss to idenlify a solution • 41'illing•ness to ta.ke a"fresh look" at the project Project disablers include: • Distrust of data and how it is useti • Fears based on prioz couplet expericnce . • No givc and ta.ke; only one outcam.e aceeptable : Certa.in data not yEt avai].able for use • Constrained availabilzty of resources, Jeanne Acutanza discussed 7'cch.nical Memorandutn 7. (Data Collection) that lists ti*hat data the project team already has received. She asked i.f a.ny other dala o.r ir►formation sholild be revir:wed for this project E2ass Kelley mentioned that Spokane County has historic informakion (dating fTOm the 50s and 60s) that ca.n be reviewed. A comparison of traff'ic projections may be interesting, to deterrxiine the accuracy of earlier predictions and avoid any mistakes that might have been made (while recog•nizing that th.ose early assumptions were quite di.fferent from how events actuaily unfalded). A clarification was made that Sprague is not off'icially designated as 13usiness I-90, although it is signed as such in Greenacres as a means to inform travelers of the business a.rea route. Jeanne Yhen ciiscussed Technical A7emora.nduxn 2(Transportakion 1Vlethods and Assu_mptions). Additinnal capital improvement prajects, expected to be cAmpleted by 2009 and 2030, wer.e added to Tablc 1 in khe memorandum that I.ists infrastructure ' ~ - sW-Pr=-n;Jc suMtiwnra•14.05.noc 2 , 1ST fTD N.EE71h1; - JURY 14, 20C5, SPDKAhEVALLEI' CfiY HAU., SPDKldN'EE '.'.4LLc`Y CARitIDDR improrements. It wa.s derided that "No Bui.ld" in the table headi.ngs should be replaced with "Baseline." It was mentioned that the City's new land use designations, submitted tn SRTC, need to be incorparated within SRTCs tra.nsportation mc,del. With regards to population, the mediu.m forecast from the Office of Financial Managernent (OFr) was adopted by the City far usc in its Comprehensivc Plan. Because of the importance of schedule, Keith Mettalf wondered when SRTC cacpects to - com.pletc the modeling. Ed Hayes said that he wou]d need to discuss with Glenn ivli.les so that projects muld be pziari.tized and scheduled for modeiing activities. If the Valley Corridor project was a top priority, the modEli.ng could be done wikhin twro weeks, but thern aze severaI cornpeting projects that requ.ize equal attention Because stffing is short at SRTC, an outside confractor may be a way for SRTC to meet sChedule deadlines. Also, rer-ent houschold survey information is not expected to be i.ncerporated in the model within the'desired timeframe. . It wa.s mentioned that the corridor map and text describi.ng the corridor in Technical Memorandum 2 need to matr-h and bc correct There was a discussion on location of intersections and•some recomznendations were made, including movmg some of the intersection evaluations to 8kh Avenue and Hrithin the £'irst eainpleted section of the couplet be,tvveen U'niversity Road and I-90. Ed Hayes wondered if a.is quality evaluations were to be done at ceriain intersections, and it was acknowledged that a.ir guality will be pa.rt af the invesEigation Data from the years 2025 to 2030 wi.ll be extzapolated, and it was suggcsted that County Planni.ng and SRTC should approvc the method of extrapolation. t~ Purpose and need were eacplained. Various fiopics that nced to be includ.ed in purpose and . need evaluations are land use planning, economics, and environmenkal justice. KC Traver . mentioned STA's economic analysis that might be useful. Tom Arnold said that when neighbarh4AC3s (residcnces) are added tq a busi.ness area, the residents usually want restricted intersections. Community linkage and cohesion may be an eleznent of concern when planning future traffic use -tvithi.n an a.rea. - Jea.nnc: noted hhal• tvam members have been asked to sigr► the 6nalized Tech.nica] Merriorandum 2(Transportation. Methocis and Assumptions) to indicate their awareness of the methods and assumptions planned for this corrid_or analysis and agreement with the propased approach , . The third technica.l memorandum (Evaluation Methods and Criteria) was reviewed. An explanation was given that alternatives are to bc evaluated against fatal f_]aw criteria, to r►arrow the number of altematives to three or fqu.r. Fa_ta.t flaw criteria inelude: • Purpose and need ' • Ability bo obta.in envirorunental permifs a.nd approvals • Cost effectiveness 1'he selectQd khree or faur alternative5 will und.ergo further evaluation, based on speci.fic criteria. This dehailed review will eompare alternatives, based on a"scale" raking that shnuld separate the.m as the process is conducted. The list of possible alternatives will be disscussed . at the next mEeiing with the group. KC thaughfi that the evaluatien criteria needs to i.nclude integration with,other modes of tTansportatiAn (pedestrian, bicycles, transit - multi-modal). Public acceptance needs to be evaluated, based on two perspeetives, the transportation SPYJMEETIAL SUIANA6iY-7-14-05.COC 3 tST fiD MEEIMG • JULY 14. 2D45, SPOW7E VALLEY LYTY H 111., SPAXANE'dALlEY CdiZRlMG2 corridor user and the businesses/residences that are located witllin the carridor. Ross ~ mentioned the importance of freight movement on Sprague Avenue and as a"T-2;' dhat speci.fic design standards must be considered, such as turning radii. Christine Fu.esWn discussed the public oukreach task. Stakeholders thak need to be included on the list for stakeholder interviews are the Quinn Group (firm represen.ting the auto dealers along "Auto Row"), VaIley Ch~3mber of Commerce, Valley Business Association,, . Spokane County, SRTC, WSDOT, City of Spokane Valley, and Keith Metcalf recAnlmended adding Emergency Services. Steven Yach mentioned that there has been a need for bi- lingua]. i.nterpreters in soxne areas of the state, particulazly for Spanish-speaking citizens. It was determined that specia] provisions wil.l be made for the public meetings, if requested in advance of die meeiing. Marle.na Guh]l-e quickly discussed fu.tu.re zneetings and what is planned for those meeti.ngs. It was agreed thal Tl U meetings will be scheduled for the durd Thursday of the month. Tt also was agreed that public open hou_Ses will be scheduled in conjunctien with TTI7 mcetings, to mal:e travel arrangements easier for team members who must travel to attend meetings. The propased meeting schetiul.e will be followed vnless therc are reasons to deJay meetings, for example, if m.odeling data is not available in time fronl SRTC ]t also was menfioned that the economic analysis and pmferred altemative technical memoranduiri5 need to be sent to the IL7T pri.or to meetings, so that members have an opportunity to reviEw bEforehand. The meeting adjourned at about 11:00 am. , Conclusion 'Me nezt (second)17D meeting is planned for August :1.8, 2005. If there are any comments or . revisions that necd to be madE to these minutes, please notify 5tevc Worley (te1509-688-0191 or e-mail sworlEy@spokanevallcy.org). . s2acrMEEwG suMM4RY-7a4-05.ooc 4 ~ SUBJECT`~` $Y-------- OATf - - - ~ - ~ SHEET NO.---OF---- - PHOJECT NO-- - - - ~ t - - c}7~ c n•. ~J2G-11 N ~ 47,117-4, CFI 2 A.t Z33- -7- c- 1+z. c •o r ,F d_ 6fi$ d(~{ l~y wo @ 5w _ << . _ -__..G~De~'`. ~Lf~~oZc~ _ ~l~~k~c,~~._r.r•~. to~ c.4 Z.,.co...~ ~ E~ _ ---------..w~ _..~.--~--•Sb`J 3^-77 ~ 370 e1..c-1 et (29-r tc • o~ `f--7 7 ~ v-lc.e t ( ~@~dcGru..~,~ H2m--~.1_LL_.--- a-V~,~~. r.... s-Li vie • ,a~'••I~•/~ ~-:c~o.~ _-~GsiN✓..,iG... .~~-1e[9'L.,. benn.~ b ¢wsa~r ~..4,e~/ . _ ~ L__J . -.---.___._.....~~.._~~L~l-=_... ER~C.-~/-~~-1-~~- ,f~~ 7__,~~o_.a , • ~ FOAM 30 TECHNICAL MEMORANDUM I CH2MHILL ~ Cify of Spokane Val.:ley Corridor Project: Initi.al Data Collecfion Memo PREPAREDFOR: Steve INorl.ey/City of Spokzne Valley PREPAREo eY: Jeanne A,cuta.nza/CI I2M HILl ` copiEs: vlarlena Guhlke/CH?M W.LL Bob Beckman/CH2Vi HIL.L . Terry Yuen/CH2M FTIT T - DATE: July 12, 2005 This m.Cmorandum outlines project• d.ata needs as wellas provides an invenlory oE daka i.n hand. Much of the "data request informakio .n" was describrd in the scope of work. f-iigh priority data is identiFied in t:h.is tnemorandwn to facilitatE our work, and receipt of th.is d.at:a by July 15, 2005 is du.ly requ.esteci. !1s p1ct of Aur scope o.f wozk, we will be callecting Alvl peak hour cou.nts. We will begin this as soon as we llave con.firmed projert intErsections (as per Qur forthco.m.ing technical memorandum regardi.ng methods and assumptions). We recogniz,e thati khese cou.nts will neeci ta be taken in the summer, when vacations are frcquent. However, becausP we need this informahen tn confiral project needs, the seasonal factar will be assessed to determ.►ne the maxa.mum impact vacations might have on traFFic cou.nts. Th.is methodalogy will be confirnled al• ou.r Ju1y 14 m.eeting. Data Inventory Data we have ceceived to date includes the follqwicig: • I-90 SR 27 I:nterchange North Ramp f1lignnlent-W'SDO'T, October 2004 0 Sprague Avenue 24 hour Trcjffic Caunts fi-on1 Spokane Cau.nty, 2003 • Sprague Avenue 24 hour Traffic Cpu.nts fron-i Spokane Couclly, 2004 • Drafl Envirorunental Assessme:nt-Valley Corridor Project, Jones and StokPS, Iviay 17, 2002 • 24 hour fiMe,.ss Transportation Threshold C7eterminaNon, USKH, Febrary 2005 • P.i.ncs Raad Southbound I..eft Turns, 4VCF, Decembts 2004 • Sprague/Applecvay Cconomic A.nalysis, ECOIVorlhwest, October 2004 • New T AG manuzil, updated March 2005 • The. Concurrency IvTanagement5ystemfor the Spokane Region, SRTC, Apri.l 2007. • 1996 SRTC External Origin and Destinat-ion St-udy, 5RTC, December 1996 • Spokane Metrapolitan A,rea Transportation Plan, SRTC, July 2003 • Transportation ImprovPm.ent E'lan for Spokane County FY 2003-2005, S:R'I'C, October 2002 • Sumnzary Report Task "I_: H:igh Capaeity Transportation Options - Sou.th Vall.ey Corridor High Capacity Invest-ulentStudy, Svercirup Civil, T,nC., Ju.nP 7.997 • Dr.a.El 5ix Year TIP, City of SpUkane Val]ey, May 2005 •Adopted Six Year TLP, City of Spokane Valley, )u.ne 2004 ~ City of Spakane Valley Comprehe,nsive Plan Hearing Draft _ SPI48K79i•fIATA tYJI.IFiCT10;IT?/,1-07-12-0SDDG0.iti930901 1 332635.k1.02 , p'IY 6: SPOKk11E YlLLEI' CORRIDOR PRQ.f=G7: Ih7i'I4 0ATA tOLLEC7lOk':/,=l/.0 Data Needed . ~The exhibi.t helpw ind.icatcs the data we u-c rc:questa.ng, 'with the highest priorities noted_. If you have quPSti4ns, please cantact Jea.nne r'lcutanza at 42.5-233-3387. IXHIBff 1 Spokane Valley Data Needs DatallnfoRnation Priority Economic analysis for STA altEmative Wigh Availabfe AM and PM peak hour traffic turning mavement caunts (CW2M MILL High - AM Counts will be will assist Spokane Valley if the City conducts additional traffic counts) collected after July 14 Available 24-hour directional oounts, in addition to those provided High . 3-year accidcnt data for arterial intersections and segments in the project area Migh Available pedeslrian and bicycle counts As available Available vehicle classificatian counts As available . Signal timing plans for all signal oontrolled intersections in lhe project area High • Previous studies retated to the Corridor analysis area, if not noted atrove High . Channelization roadwayfintersection.configurations If available, othenvise we vrill field verify Capital Improvement Plans and regional transporta6on plans for all High • , jurisdictions Environmental studies oonducted for ths area, including documentation of As available sensitive areas Land use and socio-economic data (relying on the economic study previously As available developed by EcoNorthwest, CH2M HILL will cross-reference the SRTC model socio-economics) Ecanomic studics and reports As'availablo Travel Demand Forecasts from /he current approved model for current and High future (20+) yEars f SPK131Q91-DATA COLLrCT1011 TV 1-0?•17.dlS.CaOG'D5193lJ07i 2 ~ TECHNICAL MEMORANDUM 2 • CH2MHILL i Valley Corridor Proj ect - Transportation Methods and Assumptions PREPARED FOR: Steve Worley/City of Spokane Valley Interdisciplinazv Team PREPAREO BY: T@rry Yu.en/CH2M HTLL _ Jeln.ne Acutanza/CH2M HILL cc: Marlena Gulll.ke/0-12M H[I..L Bob Beckn1,-u1/CE-t2M HILL DATE: JllIY .LS, 2005 • DATE REVISION # INITIATED BY CQMMENTS July 18th, 2005 1 IDT Fram July 1.4th Meetu-ig This Memorandum documents traffic operational analysis and forecasting methods for the Valley Corrider Project Phase I products including Purpose and Need ancl the draft Transportation Discipline report. 11hese methods a.nd assumptions alsfl have applicability to the Final Transportahion Discipline TZeport -,md e,nvironmental documentaiao.n. It identifies l~ the proposed analysis years, the Corridor Analysis linlits of the study, concurrency standards, baseline improvements, methods Eor developing forecasts and conducting analysis, and outlining operatianal analysis parameters. To demonstrate theix concurrence with Corridor Analysis nlethods and assumptians, this memorandum has been prepared far the authorizi.ng signatures of the Interdisciplulary Team (ID'1) partner agEncies. Analysis Years • Existing Year is assumed as 2005to increase the shelf-life of the analysis • Ycar of Opening is assumeci to Ue 2009 • Design Year is assumed to be 2030 to provide a 20 year desigii horizon post construction Study Area Limits - the study area is defined as the Sprague tlvenue/Appleway corridor through the Cifiy of Spakane Valley. The shudy area ulcludes a grid system of u-itersecHons that are limited by Argonne Road to the rvest, Flora Avenue to the East, Broadwzy to Lhe north znd 8th Avenue to the south. The corrzdar ci-nd study intersections are shown in Figure 1. Forecasting/Modeling Methodology Travel demand forecasts will be based nn available foreeasts honi the Spokane Regional Transportation Councff (SRTC). Current SRTC VISUM travel demands will be compared with fuiure year model assignments t•o achieve growth rates. These rates will be used tio forecast design year traffic valumes, and ti=ill be adjusted to reflect trafEic assignments for the Baseline (No Build) and Build alternadves 7'he future year h•avel dernanci niodel will YECH I1rNA 2 h1E1NODS w`IO ASSUA1P71dNS 07•12-05 - REVISIQVS ACCEPTEO 1 YALLEY CORRIDOR PROJECT -TRAkSPORTATION l,4E7NOOS F,YO ASSUIIPTIOtdS incluae roadivay capacities and nehvork ei-tli~zcements lhat are assumed tu be u1 place by the design year shown in 7able 1. Year af open.i.ng forecasts will not be generated for this - phase but will be developed for a final I'ransportation Discipline Report ulcludcd in the enviroiunental document associated with this project. This methodology will be presented ro the lDT overseeing tkiis project to gain their concurrence on the methods and assumptio.ns. 'I'he basic sEt of scenarios ialcludulg thE 13nd • use anci assumed background information is presented in Table 1. These are also assumed to be ulcluded in the base year TravEl Demand roreeast-i.ng Model uscci to create project forecasts. Key Assumptions • Land use assunlptions within SRTCs Travel Deniand Madel, are assumed to reRect regiana-l growth. patterns u1d Ue cansistent with regianal and local comprehensive plan.ni,ng includulg the Cit}''s Draft Comprehensive Land Use Specifie locations of developnlent and growth should retlect local camprehensive plaruling anci may require re-assignment of h-ips vvithin the study zrea • Infrastructure improvements assumeti for the future desigii year (2030) will reflect the project,s specified in SRTCs Regional 7'ransportation Impravemenl• Program and khe City of Spok3ne Valley's adopted 2005 - 2010 SiY-Year. Transportat7on lmprovenleilt Plan. These axe noted u1 TaUIe 1. flddikiona1 projecY.s beyond those noted 'ut the 6 year TII' diat h3ve funding through environmental documcntatian may be considered a.s part of the baseline. 'I'hese projects assumed in the 2030 baseline are noted in Table 1. ; • CCrowth r3tes will be derived from the mast eurrent SRTC forecast madEl by eoinparulg existing and fuhure }'ear forecasts. • ThesE growth rates will be extrapolatFd using a straight line growth rate beyond the SRTC model year of 2025 to 2030, the project design year. • Grotivth rates will be applied to existing turning mavemcnt counts a.nd "smoothed" throughout tl1e study area i.ntersections as noted in the post processing section below • Recent (2004 or later) existing kraffic turning movenient counts wi.l] eifiher be provided by the City of Spokane Valley or collected as part of the cansultant contract • Adciitional forecasts such as selecl lutlc and select zone will also be requested of SRTC to support alteilk3tivc development, origi1-destulatiort pairs and evaluation Post processing T'ost processing of raw model data will be performed to develop future year intersection turning rnovements for the year 2030. The first step in post processing will be to consider City Comprelle.nsive Growth Plans as coi-npaxed to current plans uicorporated into the SRTC tr-avel demand model and cansider this as pa.r.h of growth beyonci 2025. This growdl can be canlparcd to straight l,ine extrapalation of growth to create travel demand from 2020 tio 2030. Ta dEVelop int•er.section turning movements Ior analysis may rcqture cornpa.ring khe futurc and existiitg year travel dEmaztd models to find growth rates. These rates wiLl be ~ appl.ied to the. existing year volumes turn volumes and balanced Ueri-vcen interseclions TECW M=►J,0 2METHOOS MID;.SSU!/?iIONS 07-12-05 - RE1ISI0NS ACCEPTED 2 VALLEY CORRIDOR PROJECT -7RANSPORTATION ti{ETHODS WND ASSUMPRONS ~ before being used in analysis. To crec3tE year of opening travel demand forccasts for the next project phase, growth 'will be interpolated from the 2025 ta crEate 2009. Transit Assumptions regarding implementatiAn of futurE transit routes and d@mand will be based on input fram the Spokane Transit Authority (STta). Generally, thc study will assume i.mplementation of I-ligh Capacity Transit through the Valley along the Valley Corridor with compledon by 2030. Intersections hltersecHon-geometry and existulg year turn.ing moveinent cou,nis will be supplied by the Cily oE Spokane Valley. 'Che existing year analysis will be based on analyses recently done by David _Evans & Associates (DEA) and field data collection by the Consultant Team, as specified in the Data Collection Technical Memora.ndum. The assumed intersections are shown in figure 1. Scenarios (Sequencing of Land Use and Improvements) A single Futuxe lanci use scenario will be assumed for tlie design year forccast for th,is pllase of the project. This land use scenario will be assumed for the analysis of the Baseline, and tirill be constant as the remai.ni.ng alternatives are studied. Inhastructure assumed to be in place is based on the Spokane Regiow1 Transportakion Council Metrapol.itan Tr.ansportation Pla.n 2003, Spokane Valley Comprehcnsive Plan, and Spokane Valley T.II'. The Valley Corridor is idEntified in aU three doeuments and is the subjcct of this analysis so was nat nicluded as an infrastsucture improvEmEnt in the praject Baselule (?\To 13uild). As altennatives are dEveloped additional low c4st ]ow impact Transpvrtation System Mlnage.ment (TSM) improveinents may be uzcluded as part of No Build and Bizild alterclatives to optimize alternakive p@rfornkzncg. Any TSM improvements will requu•c agree.ment by the lacal juxisdiction that the impacts are low. TECH h1E1d0 2M-E-i:{ODS FND ASSUIIPTIMS 67-12-05 -:tEVIStONS ACCEPTED 3 VAI.LEY CORR[DOR RROJECT - T3ZANSPORTATION ; IETNOOS kKD itiSSURIPT10NS TABLE 1 Infras(ructure fmprcvements and Land Use Assumptions Scenario Assumptions Existing 2009 - Year of Opening 2030 - Design Year . Baseline 8aseline Infrastructure - . . - Regional Projecfs I I-91) widening Sullivan to ~ State line I-80 widening to Sullivan ~ ✓ US 395 Realignment and vVidening Farwell to ✓ Francis Spokane Regional Light V/ Rail Project Spokane to Liberty Lake Appleway Park and Ride ✓ ✓ Regional ITS I-90 Bigalow Gulch Link V/ ✓ TSM/TDM as stated in the ~ 2003 SRTC M7P Chapter ✓ ✓ ✓from light rail 5 Report Bridging the Valley ✓Havana ✓ Barker Road widening 8~' ✓ ✓ to 32' - Spokane Valley TIP and Comprehensive Plan Barker Raad Sridge V/ ✓ Repfacement and expansion I-90 to Euclid Sullivan Road Extension ✓ ✓ Evergreen Raad 32"d to ~ I ✓ 16, Flora Raad Sprague to V/ ✓ Mission Suliivan Road bridge over . V/ Spokane I-90 PineslMansfield ~ ✓ interchange Use Land .t. SRTC Travel Demand ~ Land Use including City Comp Plan updated Land Use YECK }LZ►!A 2 METHODS AND ASSL4/?TIQNS 07-12-05 - REI9SIONS AfiCEP'T=D 4 VIILL.[Y LOk'ifDCR PROJFCT - iRANSPORTAI!ON uE'F+QG; xF.i: A:;5.;1.1, TABLE t Infraeifuci:ue Imprcvemants and Land Use Assumpi:ons ( SC8Mfi0 Asaumptlarss I Existlng 2009 - Year oi Openin 2030 - Dosign Year Basellne Basel{rse Comprehensive Plen I ~ Spakar►e Velley , ' Land Use Assumptlorta - Generally lend use will aggregate tsa the 2025 SR7C Travel Demand model. Spedflc edditiona! Isnd usea thal wiil be inrJuded in tfie madel ere rtoted. 1. Additfoml TSM Improvements will be developed es part ot haseline aRemative development. Safety Analysis Methods Acrident analysis wiIl he basea on mast recent threc.~-years of crash ~iata (r1Fn1 2002 through Apri12005). Accidents on SR 27 Business will be collected fram WSDOT, while accidents on 1cxgl raadwa}s within che study area will Le collL-cteci from Spokane CcYUnn• or the City of Spokane Valley. Acrident analysis will include existing stati.stics such as rates, severity, types, and causes, and will identify existing safety defiriencies. Accident rates are calculated as follnw: Accident P•ate = Accidents X165 Xvears /(l7aitt, Traffic Vo1ume ADT X Segment I_ength a . 1,000,000) Future year arrident pre►iictinn.5 wtll not t?e made, but svbstantive and nominal imparts will be addressed. And preciictive methods can be cun.sidered ku estimate rL'eiuced severin-. Clperational Analysis MethodslParameters Table 2 presents a list of intersection and arteriai assunlptiotis and analysis parameters. Genera! Parametera • To address cancurrenry ('I'he Coiuurrene.-y Vianagenlent SN•stem fnr thc Spokane Regian SRTC-2001) Trevel times will be calculated. • Sy•nchro/Sim Traffic an operational analysis softi+•are tool will L-ie usecl as it rcplirates methods in the Highway Capacity Manual • The City and their consultants are using Synchro/Sim TraEfir tor comprehen.5ive planning and analysis therefure parameters for Synduo will generally be based on cunent practice in the City • Up to four alternetivps (including the BaSeline) will be analNIzed Eor the ANf and P-N1 peak hour. AA4 and PM peak hour analysu will be conducted for the design vear nnly. Artcrial intersec:tion parameters are nuted in table 2. i EC:r V.E?4f1[5 0N0 ,tS:l~li-''_~~ Q5 • F:':1;; fl~': ii=::::{J'FD 9 YALLEY CORRIOOR FROJEGT -TRAN$AORTAiION IdEr'_C~; A1._4~;'.~M~~ irr,5 All thc interserlian analysis will be performea usinb the Synrhro sattware parkage (version 6). Synchm software, which implements, Highway Capacity Manual (HCI41) methods, -.vill be used to analyze intersections, bath signalized and unsignalized. Refer to Table 2 for the list of all arterial inhersection parameters/inputs that will be ass-umed on this project. It is assumed that these parameters will nat change behveen alternatives. An assessnent indicates up to 25 intersertions may need to be evaluated Jepending on alternatives cansidered. Tliese are shown in figure 1. It is assumed that the level oE service (LOS), intersection delays (per vehicle), and travel times along Sprague Avenue will be reported along with concurreruy based travel time The travel times in the easthound and ivestbound direction will be calculated by taking the travel distanCe betwec►n intxn-sections divided by the speed linut and adding the movement clelay at eac-h interse(tit,n A{tng tht, path. T7tis n:ethuciulOgy is consistenl u•ith the HCM. ~ i G_H MFY' . yc'L.-1. YALLEY CORRipaR PROJECT - TttANSPORTATION ~tiTN: 4 R`i: i I)F:% TABLE 2 Atterial Opera6ons ParameterstRssumptlons Condition Arterial Intarsectlon Parometers ExlsUn ' 2030 • Des! n Ysar ~ Paak Hour Fador From City's Synchro, N noi 0.85 for Irrtersect{ons rovfded 0.90 CorMicting 8ikes and PedesMan per Ftour From ocuM, if not provided, From count ii not provlded. agsume 10 pads/bikes assume 10 caia/bHcea Area Type Fram Ctty's Synchro, From City's Synchro, ~ otherwise "Other otherwise 'Other' i Ideal Saturation Flow Rate tor aii movemerrts 1900 1800 i "Lane Wldth From Clry's Synchro, From City's Syndhro, ' othenvise 12 teet otherwise 12 feel PerceM Hsavy Vehidea From cavrn otherwlse 596 From count otherwise 5% PerceM Grede From City's Synchro, From Cltya Synchro, otherwise 09'0 otherwise 0% Perkin Maneuvers per Hour Assume zero Assume zero I 8us B es From t►ansit encies From transtt endes Intersection ai rral hasM and coordtnatiQn Ci 's S nchro Ci s S nchro IMersection slgnal Nmlng opdmUretion Ifmda Cky's Synchro Ciry's Synchro, no grester than 120 seconds. Minimum Creen thne Based on pedeatrlan welk Based on pedestrian walk tlmes, B Bec, br maln times, Ssec. for main movements and 4 sec for movements and 4 aqc. tor mfnor movements d no mfnor if no cxosswalk. 15 crosswalk 15 sec. for sec. for protected LT phese I p►atected LT phase and 10 and tp sec for protlpeRn sec. for protlpeRn LT LT phase ace Yelbw and all-red tlrroe Fmm Clty's Synchro, From City's Symchro, I otherwise (Y) = 4 seconds otherwise (Y) = 4 seconds j and R= 1 secoltd and R= 1 secund I R ht Tum an Red Aliow Allow MtNmum welk dmes 16 eecands Flash Don't Based on widths 4fe-et per Walk across Sprague sec;ond to mfddle of far larse minus ember Ume ; 95 Percentile vehida queues celculated Desed on en Yea Yes averape ot 25 fest per vehicle Travel timea tor conc;urnency on Spregue Ave_ (baaed on Sprapue E8: 527 min. Spregue EB_ 6.88 min_ SRTC concurrency threshokf tcr 2025) S ra ua W8: 10.42 rnin. Sprague WB_ 11.94 min. fMersectlon LOS tor C Concorecw~y_ ' Travel times Cased an SRTC are for yeara 2000 and 2025. Adjusbroents must be made for trevel hmes ior year 2005 and 2030. Arterial assumptions are conslstern wlth Ciys tref'flc Imped analyses guidelines Ciry s Synchro model is referrfnp to the City's most recent study, done by David Evans and Assoc:ates The City`s Synchro model will be calibrated against existing yeaz conditions. N1easures including travel times and intersectian operation LOS will be compared. Once calibrated, the Synchru mociel will be used as a base For future design year analvsis. Fit;ure 1. titui!}• Area Map I r ~r meN ~ ? .CI~~i .,~.ek.--•: ~ - ~ - _ MLvt,I' 1J ) - ''r~Ch.nrz ~ _ hlt.nnun ~ , - . ►nlieu~~ ~ -I - - ' ~ ~ ~ • I r ~ ~ , ~ 1fS"t'(!T - -~-I'• \ ~ ''Ur , / ~ ~ ' I. [1 unr~ =1 (t~3MU I ~ ~ I r h r I i Ik n •1 1 . ~ f ~I I I ` LV~iit - T , ~ -~i r,J~►i rl .4 - . - . - __l.._l_ - _ 1 O~1O 1i,i \d.~ - - '•r ti,, ~ ~ ~ s~ ~ I _ ~ l _ ~.JI.1;~:K ~'~ll~v _ ' 1 = FCity; of'Spoka ~ Valley - "r«- _ ' _ n~--- r - - . . a , ~ - - J~ _ ~ J . ~ul~ hr ~ n id ~I 1~~1 3x1 ILcd ~ul I"I \ I J r ~ ~ '~~l ~ _ ~ ~ ~ l ~ ~ J ~7 ,.~~1[ 1~ _ ~ •`~I ~ , '~Y~~ ~ ~ ~ ~ ~ - r j~~~ ~r ~ fj ~ = ~ t^r- ~ _ _ I r~cn- _ -I - ~;1_r s - ~ j - ~~~r~ 1 , I ; 1 I`~~' ~ - - I L. 4 _ v C ~J ~ _ _ ' I ~ ~-_t'~t~': ~:1~~ t r^ (~1 r ~ 1~1~. 1 T -~ll r i Cf - ~(rth ~ ~ I ~ ii .46. ~I ia i ~ . ~ . _ , ~ t~,~.~Y ~ i = I. I ~ ~ ~ , ,fr.M~rr _ - ir -riT t J f . ~ Study Area Limits ~ 5tudy Interst.~t7t.ion Futum Year Studr' Intersocriun A r1:ir,:=S~1MFT-Jhi:=.ir7 1., +h Fr'11>t(,) h: ~to~i 1-,E1` '.1 \ Attachment A- Approved SRTC Post Processing Method May 16, 2005 MFIv90~'ZANDUM 'Co: Model Development /Methodology Report File ' From: Ed Hayes Subject: Post-pracessing of turning movement analysis For certain analyses, posh-processing of hu•ning nlovement ulformation from the regional travel denimld model is appropriate. Thc regional mAdel is best employed at the macro level. Turning mavements are consiclered micro-scale. In addikion, air qualiry data is derived in part froin the regional model and must be considered in tirafEic evaluation at intersecdons. However, not all post-processing niethods are suitable. For example, to apply a l.inear extrapolation of existing intersection eounls circumvents the impact of local land use p1l.nnutg assumpHons, capital improvenlents prograzruned and plannEd for future years, a-tld tihe impact of cxisting and future congeslyon on travel patterns. This would be in ; viol3tion of the 4Vashi.ngton State Growth Management Act and Federal regulations for both transporFation and ai.r qualiYy plarululg (Title 23 U.S.C Section 134 & Section 172 of the Clean Air Act• Amend.m.ents of 1990) and therefore not 1n acceptable approach to fuhu•e year interscction analysis. Post-pracessitig of tuntins moverrietzrs jrorn the regional model requires three data iterns. These are: base arld forecast travel-derriand ttcrr:irig inoverf7errts, ancl base yerzr ground courets. Ar: alternative to post-processing is ta utiIize the turning rnovernents directly jrorrc the travel cie»:at:d rnodel zvitjeortt arlJushnent. jNhen ground coitrtfs are not avaiiable tlris is the metlxod ernployed. `I'he nnaiyst shozcld be aware of yfEQPF)t, IOQdlfig pOitltS Of L'T1C network and should try fo sirnulate ingress atid egress as discretely as possible in the analysis area. 1'he follotiving approach has Ueen enlployed by SRTC and local jurisdictions in the area for at least tlle past ten years and is considered both a locally and nationally accepted nlethAdology for bridging the gap behveen macro atld micro seale modeling. This nlethod takes hu-ning inovement• counks for usc as a base and applies a growth rate by turning nlovement from the model for each af the untersections analyzed. In this case, the growth by turning movemcnt is ebtauled by taku-tg the proportional growd-i of each movement as compared to t11e total growth of the intersECtian traffic. ` i TECF Y.D!.0 2 ME7HODS AND ASSUA{PTIONS 07-12-05- REbiSIONfi ACf£PiEO 9 YALLs"Y CORRIDOR FR6JECT - 7.WSPORTATl4N h1ETM.CiDS.4N0 ASSUSIP7IO)1S Fvr exanaple: . The total growth in all turning mavements at an intersection is 200 vehicles in the travel denilnd nladel. Further, a specific left turning movement in the model, afi this intersecti4n increases by 50 vehiclES. The propartional increasE of this movement is 25%. A t-urning . movement ground count exists for the intersection. The left turrung question has 100 vehicles frnm thc grotulcl count ciata. The proportional inerease derived froul l•he model is 25%. The forecast lcft turning movement is 125) vehicles in th_is case. Endorsement for Valley Corridor Tech Memo 5 Fo.r.ecasting and Traf£ic operati4ns Methods and Assumptions Val.ley Corridor Interdisciplinary Tearn (IL7'I") WSla07'-I'lanning/Developnlent KeithMetcalf Services Greg Figg Spokane Transit Aut}iorit), K.C. Traver Spokane Counly Ross Kelley City of Spakane Tom Arnold Spakane Vallcy Chamber of CommErce Eldonna Gosseit . Spokane Valley Business Associahan Dr. Phil Rudy, DDS Quu1n Group Sean Lumsden S72TC Ed Hayes Valley Corridor Advisory Team WSDOT Bill McCamnlon/ Keith Martin FH4VA Steve Saxton/Sharon Love SRTC Glenn Miles TECH h1EM6 2 MEjfa0D5 AA'D.a5SUh1FYlONS 07- i2-05 - REWSIONS ,AOCE?7ED 10 TECHNICAL MEMORANDUM 3 CH2MHILL Valley Corridor Project - Evaluation Methods and Criteria PrtEaaREO FoR: Steve Worley/Spokane Valley Interisciplinary Team , Advisory Team . . , PREPARED BY: Je,,'iI'Lrie ACLlfiariz~/CH2M Hjj,,L , COPIES: Marlena GLLh11ce/ CH2M HILL Bob Beckman/ CH2~v1 HILL . Terry Yuen/Q-I2M HIL,L DATE: J11Iy S, 2005 'Ch.is technical memorandum outlines the process for conducting a screening process for the Valley Corridor Project and describes the potential evaluation criteria that rvi.ll be used. Overview of Screening Process ' A two step evaluation process has been scoped for the Valley Comdor Project. Thc first ~ J Screening will eva.luate a broad range of solutions - some that have been considerEd for this carridor in the past, as well as additional concepts that support the project purpose and nced. T'hc second scree.ning will allow the I,nterdisciplinary Team (IDT) to considcr the technical asFECts oE fewer alternatives consistent wTith the level oE design. The current scope considers evaluation oE up to four alternative5 inc.ludang na-build. 7'he goal of the second screening wauld be to end up with a single prefecred solution to continue th.rough environmental documentation. ' Screening Criteria . Fatal Flaw Each level of Yl-ie evaluation process develops specific screening and evaluation criterion. For the first screEning, we will use relahvely simple screening criteria ("yes" or"no") to ascertai.n .f.atal flaws with any of the options. A suggested list of criterion for the fatal flaw analysis is as follows: - 1. Meets Projert Purpose and Need . Would the options meet the outlined project purpose and need? 2. Requi.red Environmental Permits and Approvals Would the concept likely receive the required environmental and design permits and - approvals? SGJNiM 3 EVALMETHODS.DOC i (70P1RIGHT ZOpS 8Y C}, tiILL, INC. • CAII.PAttY WNFlDEN7IAL VrUlEY GdRWDOIR PROJECT - EV<.lU4710N ME'THOOS AND CfUTERIA 3. Cost-Effectiveness Is the~sc~ f a concept consistent wit31 the benefits that it pravides? Any concept that receives a"no" in any onE of these critErions will be judged to have a fatal IIaw. If the option is deemed fatally flawed it may still be forwarded to the second scrcening if it is provcn to n.ot only be compaYible with another optian but provides additional benefit to that option. We expect to apply thesE fatal flaw-screening criteria at the Second Meeting. Guidelines for Developing 2nd Level Evaluation Criteria Sevexal draft screening criterion considered for use on this project aze represented by those that speciEically address transportaron bencfit, unpact to the built envirorunent, and impact to the natural envi_ronment. Identificatian and consideration of other criterion reflect funding and the va,lues and concenis of the regulatory agencies. A list of criteria development rules is developed below to ensu.re that the screen.ing criteria are meaningful. The following guidelines shape the creation of the second level criterion, which requires increased technical analysis. Comprehensiveness • Inc&ide aIi-important e(enrerits for decisions. Relevancv Address onIy thvse consequenees infiuenced tnj the rrzmilable opf.iorts. Decisian Ma.king Facilitadon Fneilztnte iurderstmiciing of packrtges/options for guid.ing the ciecision-mctk7ng. No Redundancy , AUQid dauble-cvunting conseqtcences Mexsuremcnt Specifij t.he degree nf needs acltieved. Resource Needs - }Zenrler tlw rnI(ectian of infarrrurtion required for a reasanable mtaiysis conuidering the availuble resoctrces. Second Level Criteria Table 1 provides a preliminary list of evaluadon eriteria that will support project purpose and need and assist in clifferentiadng concepts. SEAffA:3 EVA11,lETN09S00C • 2 . COPYRIGHT 20056Y Ct1224 NIl1., UtC. • COh4PAN'e' COVFID6f1TIAl. VN.I.EYCMRIOORFRUJECT-EVALUAM1A1ETHOD'sANDGkiTEEERIA TABLE 1 Vaile Corridor Fro ect - Seoond Level Evaluation Criteria Future . Arterial Street Operations (basEd on intersection How v✓ell will the concept operate in the fufure as analysis and travel times) ' compared to Baseline Conditfons? Arterial Street Safety . How wili tfie concept impact nominal (design standards and driver expectation) and substantive (crash history) safetyl Through Travel Time How wrll the concept impact travel time for vehicles traveling through the cArridot? , Total vehicle miles traveled (VMT) How will ffie concept impaGt overall trave!? •,Feasibility Is the project feasible to fund and construct? Is the bonefit of the project in-line with the cost7 Design Standards • Can fhe concept be designed to the optimal design - standards? Constructability . How disruptive will the concept be to construcf? . . - Impact on Air Quality How will the concept impact air qualiry? Impact to Crtical Areas How will the concept impact critical resources? - Impacts . Environment i ~ Consistency with Comprehensive Plans How well does the concept advance approved oomprehensive plans? • Noise F{o+v will the concept impact noise? ' Economic Development • How well will the concept advance City/Regional ' . Eoonomic Developmenf Plans? . Impact on Ped/Bike Facili8es How well does the concept advance fhe Ped/Bike L ~•~~c~ .z~.c.{-~Er,~~-~,~#~> f"r) Faciliry plans7 • Displacemerrts and Disruptians What lo+rol of displacements and disruptions oacur • with each concept? . r . i ; S£WT613 EVAI.M.."THODS.DOC 3 COPYRCGttT 2005 BY CH2M HIl1, INC. - CON.PI,NY CONFIDENTIAL VJSLl.EY CORRIDOR PRQJ_-CT-EVALUi1T10N IdETFADS MDC.:UiFRL'a ' Valley Corridor Project Signatures of Approval for Technical Memorandum 3- . Evaluation Methods and Criteria Interdisciplinary Tcam Review/A encies Si atwes LVSDOT Design HQ - Jim Eastau-in Spokane Valley Spol:ane "fransit Agency Spol:ane County l+1iSDOT • , s=Amd 3 EVALl/.ETh'ODC,ooc a COPYRtGHT 2005 3Y CH71A M11, IA'C. • 00h1?ANY CONfIOENTIN. sflo! snoe ;U l AUO 5EP OCC NGV 0.°C im iE9 YM AfiP MAY Ap r:wru Groar, i ~ C::,ma~ 9rdiry Public Outreach •C'~m m m IpT AT tOT AT ID7 AT IOT A7 IOT iDT IDT IOT ~p7 IOT AT 1D7 ' Team Coordlnetion ~ TM 4 Cae-crd nn =~va,l, ~mm~s FtesaKee D~ikR ConOur, ~+i'.qs tP.re AW"I~ 1.=~ AG~Y B~'~~0 UisciDr.w 6naisa StsteM'tkN IEr~Ns100R ",wr.... nr • M I Tw . wwom Odaenawl :9c~~nepM ~'~R'atlan n~r,{etlkxbn W~trnnry~µ~~ - ~ ~ '9a„ca, p~lv,sa Qecoane c~nn I CP~e~ ~1t ~ Ap~m~tnw p~ • ksvo!►wrtwrt ~ Ga~noYSRTC ' PM An/~ Aoton. i'I~/e+tett ~ 8o►Ann DacLdNd~ I Wmo TM2 ~ w~toa a ~ Ns+nO0- ! I E.Ma0.~s 4 'minx CoptlpYatbd Of Technical Work pro"sa ~ Pmmawo.; AomdO - n.o... • w.e curr.nm a~ AbnrM tl Pn~w~ Go1LOn Project MIlestones Ckm r, o.«I i'w~oe+ 6 4a7 i~iNorti',ry Eimrarr'roNr AtotlKt.4 Ca:~::n N EPAISEPA evYJOOn ~!Il3: 4~i~r4 bl ~ llif',00010.~ - . ~ ~ TeUuikai L ipT ~ IrRs~aplir.~ry "Eern hlnanrg ~ Advis.:ry Taam hbe1x.g ~~"e I' I.temarardirr Spokane ..~oOValley 11707 E Spregue Ave Suite 106 ♦ Spokane Vailey WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhail@spolcnnevalley.org Memorandum To: Dave Mercier, City Manager and Memberi of the Spokane Vathay Clty Councii From: Marina Sukup, AICP, Community 04vebpment Director CC: Nina Regor, Deputy City Manager Date: Jufy 22, 2005 Re: Extenslon of UR-1 - Urban rasiderttlal Estdo Zaning Spokane Vailey Ordinance 04-035 adopted on August 24, 2005 and effective on September B. 2004, establishing the UR-1 Urban Residential Estate Zoning within a portion of the Ponderosa and Ratchford neighbofioods. A moratorium or interim zaning ordinance may be effedive for not IonQer than six moMhs. but may be effedive for up to one year if a work ptan is developed for related studies providing for such a longer period. A moratarium of interim zoning ordinance may be renewed for one or more six-morrth penods if a subsequent public hearing is held and findings of fact are made prior to each renewal. The Interim UR-1 Urban Residential Estate Zoning was effective on September 8, 2004. The original vvoric plan had an6apated completion of the Comprehensive Plan prior to this dale. In addition, further enalysis is required to complete the wor4c plan based on the following: • Revision of Floodplain maps for the Chester Creek area by FEMA • Completion of a draft Natural Hazard MiUgation P1an with the ooncuRence of emergency response personnel refaang to urban wildland fire and evacuation • Environmental impact of land use as part af the Camprehensive Plan. • The resolution of the wastewater caRacity issue resufting from the Totat Maximum Daily Load (TMDL) Study by th8 Departrnerit of Ecology and tt+e Environmental protedion Agency (EPA) remains incamplete. A putNic hearing is scheduled befofe the Planning Canmission on August 18, 2005. ATTACHMENTS: Draft ordinanae Findings of Fact Amended Workplan St'UKANE: L()l.\ 11, %1"ANIi1N(; I'Uh ORDLNANCE NO. AN OEtllINANCF OF TI[F CI7'1r OF SPOKANC VALL,EY, WASHINGTO^~ EkTENDING THE UItBAN RESIDFNTIAL ESTATE (UR-1) QV'TFR(" ZONING AiTT'FIORlZED BY ORDINANCE NO. 04-035 FOR A AI)DI'TIUNAL S1X MOlYTHS IN TRF POIVDERnSA u'iD ROTCHFOW AItEAS ANI) AMENDING THF WORKPLAti. W'1lEItEAS. The (iro%th M.►nAgcment AcI prr,,, ~ ~ ~ • ~F an rdaptcxl Comprehensive Plan I:RCW 35A.63.105); aii W1ILRCAS, RC W 35A.63.220 provides for c,.; „ . , . , . , „ . , , . . ; . , following a publie hruring where a VVaric plnn is develciped tiir related siudres; And WNLRFAS, the interim zoning tnay be eaicndeJ for ane or mure six-month periods if a ;ubsequent public hearing is held and finding..w of fact nre made priar to each reneN~:+l :ind WI IL'REAS, the Spoknne Vnllcy Comprehrnsivc Plan is not yet compl~ 1 WHt;KEAS, WAC 365-195-31Q(21(11 pruvidrs ihat "(i)n developing tltic iiuusinLU- attention shcxtld he worl:ing with the desires of residents tu preserve the charaeter and vitalitv . neighbnrhoods, along with the riFhts of rcople ta live in the neighborhood af their chciice"; anv, WHEREAS, thc roviston of the 10J , , • , ! : . . _ ' . , ~ - - . _ , Fmcrgcncy Management Agzncy (FEMA):,~~~ AIIIITf'Ati. :malysis ha.ti txcn complctrJ. ;ui W'HEFtEAS, the City prupased six month extension of timc on August 18, 2005, and lyas recommended Approvnl of 3 revis., Finding.ti of Fact and workplan: 1`V I''P -EII } f 1{lE (lli' f li~ C"'II!1,~ 4J- 11'.' ( '1N ~i•..;l.,3j1„ W.~~lir~.~,,. ,r~•~iryc. tollov. Sertiu;. , _ six rncmth pcriud within the uriginal boundaries set forth in Spokam; VaJlc;y Urdinsnca Nu. 04-03 - tiectioa Z. Sevembili . If any secticm, sentrnce, clnuse or phrase of this ordinance sLntl be licld :ti,;: invalid or uncunstitutianal by a court of competent jurisdiction, such invalidity or unconstitwion:ilir not affect the validitv cjr conslittitinnAlitv cif am' i11I1LY wctic~n, sentcnce, clause or Pat;c ! Sectioa 5. Etl'ectivc [)nte. 1 his Ordinance shull he in f'ull ti)rcc and eliect on the offieial date of irtcorpuraiiun provided publicatian uf ihis Oniinance cir a summary thctcuf uccurs in the (ifTicial ne.►-.rpaper of the City as providcd by law. f'.ASSED by the Ciry Counci) this da} of September, 2005. Mayor, Diana 1k'ilhitr ATTH'ST: City Clcrk. Chris Bainbridgc Approved as to Forcn: l)eputy C ity Attarney, Cary t)riskel I Daie of Publication: Effective Uatz: - - - - t DEPARTMENT OF COMMUNITY DEVELOPMENT "FINDINGS OF FACT RE1lISED AUGUST 1, 2005 ~ Valky ;00 EXTENSION OF INTERIM URBAN RESIDENTIAL ESTATE (UR-1) ZONING FOR SIX MONTHS STAFF REPoRT DATE: August 1, 2005 PROPOSAL DESCRIPTlON: Extension of intenm zoning controls to limit resEdentiai densities for a penod of six months, and to continue practice af allowing the keeping of large animals on residential lols PR(7POSAL LOCATION: Pprti0rls of the Ponderosa and Ro1c:hford resadential subclivisions PREPARED BY: Marina Sukt,p. AICP Director, 5pokane Valley Community Development Dept 1. BACKGROUND INFORMATION PROPERTY INFORMATION: Size 8 Ponderosa: Located adjacent to Browne's Mountain on the southern edge oi Characteristics: the City, abutting the Dishman Natural Area an the east and the Iller Conservation area on the south. Fully developed single-family residential lots generally exceeding one acre in size, served by local acoess and residential collectars. Limited access to municipal wastewater col{ection system. TeRain hilly with intermittent streams feeding Chester Creek. Portion of the subdivision located within the 100-year floodplain. Large stands of native Ponderosa pines. Abuts a ctosed landfill. Platted in phases between 1964 and 1892. Rotchford: Located on the eastem edge of the City. Fully developed single- family residential lots generally exceeding one acre in s¢e, served by local access and residential collectors. No access to municipal wastewater collection system. Ralling terrain abutting steep hills with drainage into Sattese Cresk. Saltese Creek is IocaEed wnfiin the 10U-year floodplain. Platted in 1974. SURROUHOING COAAPREHENSIVE PLAN 8 ZONING - - - - i Subject Comprehensive Plan - Low Density Residential Propertisa: ~ Zoning - Interim UR-1 Resideniial Estate Prosarvation ot Extsling Residentwl Subdtvlslons (UR-1 Intenm Zontng) FINDINGS Revlsed August 1, 2005 1 01 53 11. FINDING3 OF FACT AND CONCLUSIONS INTERIM C4MPREHENSIVE PLAN: Reievant proviarons of the Spokane Vailey Intenm Comprehensive Plan are found in Chapter 6 (Housing) includes the Visian -"Spakane County is a community that provides tfie opportunity for a variety of housing types and develapment pattems for all incomes and lifestyles while preserving the environment and the character of existing neighborhoods." "Planning Princio[es The following planning principles, developed through citizen panicipation effats, form the basis for development of the Urban Land Use Chapter. • Compact urban forms shoukl be encouraged tfiat create a greater sense of 'community,' with pedestrian/bicycle-fiendly serilement pattems. • Neighbofiood character should be preserved and protected. • Jobs, housing, services and other activities shautd be within easy walking distance and shorier commute times of each other. • CommuniGes should have a cerrter focus tfiat combines commeraal, civic, cultural and recreational uses. 0 Stneeis, pedestrian paths and bike paths should contribute to a system af fully connected routes. • Communities should have a diversity of housing and job types that enab{e residents from a wide range of econamic levels and age groups to work and reside within the+r boundaries. General Gaals Ul.1a Provide a healthfut, safe and austainable urban environment that offers a variety of opportunitisa for affordable housing and employment UL.1 b Create a future rich in cultural and ethnic diversity that embraces tamily and oommunity values and recognizes ttte interests of the whole community. Goal UL.2 Mainbin and enhance the quality ot life in Spokane County through urban design standards. PoNcies UL2.1 Establish mimimum perfonnance standards within the zoning code tor nuisances such as noise, vibration, smoke, particvlate matter, odors, heat and glare and other aspects as appropnate to ensure compatibil'dy with adjacent land uses and neighborthoods. UL.2.2 The design of development proposals should accommodate and complement environmental features and concMions, and preserve and protect signficant cuttural resouroes. UL2.6 Develop urban design `guidelines" thai provide consistency of application for the design review process. The guidelines should focus on the functianal interrelationships between Iand use, site design, neighborhood character and transportaUon systems. UL.2.9 Deveiop nesghbofiood, subarea and community plans with specific design standards that reflect and preserve community character. Ul..2.11 Promote linkage of developments with open space, parks, naturai areas and sVeet connections. P►esefvahan ot Existing Resldenfial Subdivieions (UR-t Intorim Zonltiq) FlNDINGS Re+nsed AuQusl 1, 2005 2cf5 UL.2.11Enhance and preserve the s{te charar.tensiics of residential clevelopmerlt kexisting trc~s watercourses, historic features and similar assets) through sensilive site planning tools sucli as clustering, lot averaging, transfer of development rights and flexible setback requiremenls Goal UL.4 Encourage exemplary developments and creative dasign tfirouci~ L e :_,r pelfior.r-tance Policy UL.4.1 AilOW fleXlbllliy ;flitJ l~lf1V'd~_jEi'J~' ;lt:~~i~-~Il i`IIt~U(~~t C11~=i I1':;E: ,.-if f)~1;f~_11111~f11+;~' Sl~lf~,~clfl]:~ 1:~Ill~-fl emphasize outcome~ Goal H.1 Coordinate housinci poiicies and prograins with other jurisdir_tions, agencies arid neighborhoads. H. 1.3-'ProvidP. 'AfIVril1l.1 .CI('ell(:l!(:U_ (i:iWt!iJJi7t111lI groups m land use and commurnty development planning processes H. 1.5 -"Encourage the creaUon and continued operation and efier.t associations through neighborhood and subarea planning programs, Goa! N-2 ReduCe regLilatory barriers and allow greater flE:xibifrty in the housing development process. Policy H22- 'v"Jlieri developing tiuusing regulatioiis, cunsider ifie bolance belween housang aftordability arlci environmental quality, design quality and maintenance of neighborhood character. H2.3. Develop consistent, precise, fair and enforceable regulatians that maintain environmental quality and public heafth and safety standards, while minimiLng housing development costs. Housing Policy H2.5. Provide fncentnres for safe and decent housing that is in close proximity to jobs. tranaportation and daily activities_ Goal H.3a Develop a variety of housing options for all economic groups Policy H3.2 Ensure that the design of infill development preserves the characier of the neighborhood Goal ED.Sb Promote public/private partnerships that encourage innovation and creativity in the economic expansion of our region. Policy ED.5.6 Revfew development regulations continuously to assure clanty, consistency, predictability and direction. Provide opportunities for citi2ens to initiate amenciments to inr..onsistent, outdated. inappropriate or unRecessary or confusing r-~i - :1 -,,C, r;~; -~~t, nn,~ Comprehensive Plan. NEIGHBORH04D CHARACTER: Ponderosa: Low density residential designed for on-premises maintenance of a limited number of herses. Heavily wooded with rugged terrain in parts. Expansion to the west precluded because of the Dishman Natural Area and terrain. Over 95°r6 of lots fully developed. Some remain vacant becausF topography. Rotchford: low density residential designed for on-premises maintenance of a limited number of horses. Tenain is relatively flat east of Sullivan Road with steep hills+de limiting any easterly expansian. Equine easements provided on local streets. Subdivision is fully developed. Preservalion of Fxistinq Residential Subdmsions (UR-1 Interin Zoninp) FINDINGS P.evised Augus! Sociel Character; Well-organized and cohesive neighborhoods DESIGN QUALITY: Local access and residential collectors designed to accommodate lots of approximetely one acre. Dired access to public streeis. Single-family housing is well-maintained and designed for residential pnvacy. A limited number of large animals, especially horses is a design theme in both neighbarhoods. The Spokarte Val{ey Camprehensive Plan is under review. Spokane Valley has not yet estabfiahed performance or design standanfs to assure the quality of reaidential deafgn to preserve nelghborhood character pursuant to this Plan. ENVIRONMENTAL OUALITY: Wastewater. Limited access to pubaic sewer in the Ponderosa. Balance of property relies on septtic systems. Rotchford Acres relies entirely on septic systems Re-subdivision to increase residential densities should not be peRnitted absent an organized wastewater collection and treatment system. Potable Water. Ponderosa is senred by Spokane County Water District #3, Rotchtord by Vera Imgation Dist. #14, both Group 'A' Community Water Systems. Re-subdivision to increase residential densities will require adequate supply and pressure far domestic consumption and fire protection. Stormwatec the Ponderosa subdivision has intermittent streams that drain to Chester Creek. The contribution of to the rate and volume of flaws from addibonal impervious cover resulting from re- subdivision could resutt in an environmental damage as yet undeEermined for which mitigation would neeA to be estabtished in a planned and caordinated manner. Similar concems conceming drainage which could affect Saltese Cresk. A significarrt stream traversing the neighbofiood has been reclassifled as a Type 4 stream by the Department of Natural Resources Division of Fish and Wildlite. The implications of this change have not been assessed. The Federal Emergency Management Agency proposes to release draft floodptain maps afiecting Chesief Creek (Ponderasa) in the Fall of 2005. Similar remapping of Saltese Creek is expected in earfy 2006. Erodible soiis: Bath the Rotchtord and Ponderosa subdivisions include or abut geological hazard areas which require further evaluation prior to allowing additional residerttial densities Native VegetatioNhabitat: Ponderosa includes areas of wildlife uitical habitat for White Tail Deer and threatened species. The Spokane Valley Comprehensive Plan is under review. Spokane Val{ey has not yet established performance ar design atandards to assure the contlnued preservation of environmental quality in outlying areas with limited public infrastructure and specific environmental condftions, auch as steep slopes, lntennittertt flooding and highly erodfble soils. PUBLIC HEALTH 8 SAFETY: Access: Ponderosa: Property lies west of the Union Paafic Railroad with only two paints of access. Additional access should be required prior to any increase in residential densi6es for evacuation and emergency services. The evaluation of access wiA be incorporated in the Natural Hazard Mitigatian Plan under development by the City of Spokane Val{ey in the Fall and Winter of 2005-2006. Animal Maintenance: The requirements for the maintenance and upkeep of even a limtted number of large animals raises issues of compatib+lity resulting from noise, odor, proximity to residential stn,ctures, flies, etc.. These issues are compaunded with increased residential densiaes and requirements for buffering for any addiGonal residential densities may be required. Landfill: Ponderosa: The proximity of a closed landfill to an increased number of residences requires additional study. The 3pokane Valley Comprehensive Plan is under review. Spokane Valley has not yet established perfonnance or deaign standards to asaure condnued compatible principal and Prexrvallon of Exislmg ReafdaMial Subdivisbrs tUR-1 Intenm Zonmg? FtWDtNGS Revfead August 1. 2005 4 ot5 accessory ianci vrrdilltl fi;SfC~i'rSl~V.3~ ilf'.iil~lf)~~f~l(i(>{~S 1f1 CC+fI(vfi~i~i!',Cf_• \^;I:~1 ilhE= C:f~i:< COmprehensivf: F' I r~ PUBLIC NOTIC i Current property owners purchased property with notice of existing regulations partaining to th- keeping of large animals. The Short Plat process requires notice oniy to adjacent property ownr~ COMPLIANCE WITH THE STATE ENVIRONMENTAL POUCY ACT (SEPAI: OrdinanCe No. 48 (effect March 31, 2003) adopted on an interim basis by reference the Spokane Environment~i'l Ordlnance (Spokane County) thereby implementing the State Environmental Policy Act (SEPA) and Chapter 197-11 of the Washington AdminisUative Code (WAC) within the jurisdictional limits of the City of Spokane Valley. An Environmental checklist was completed and a Oetermination of Non-Significance was issued on April 26, 2004. Conctusions were based on the findinri thit a regulat+on pres~rvinq the stah,s cum wotilri have no adverse environmental imQact Conclusion(s)~ Permitt)ng PIGCti111Ci1l 1l1: frJaSC IIl !c ;lfl:'(1t;3: C1CI1SiZlE'S the !.'Sfaf)l!Sf1ill;~ilt i)i performance and design standards raise serious issues related to preservation of neighborhood character and deslgn, maintaining environmental quality, public health and safety, and the adequacy of public notice, which require additional study prior to the establishment of pertnanent regulation. III. DECISION The Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04- 035 should be extended for an addidonal six months pending completion of environmentai review and the development of performance and design standards to preserve neighborhood character, mafntain environmental quality, and to ensur+e the continued health, safety and welfare of the areas pursuant to RCW 35A.63.220 following a public hearing before the Planning Commission. Resolution of issues shall be accomptished in accordance with the revised Workplan attached as ExhibiY'C" Presarvat+on oi Exssung Residertb,al 5u6d;,,,:1- . t)i= 1 < ? ,:Ii FINDINGS R..., August 1 . r`,• 5 ot=, Exhibit "C" REVISED UR-i Interim Zoning Work Plan csa 0304 aw a,as aaos woo wos o~ab !a Tesk Name Start Firdah D►yabon Ir~ .Nn JJ ALy SaR Gkf ftv D~c .rn hD Y- Apr Wy JYM Ju1 Aup S~D 0.Y Nov Ux den fiD t Nslqhborhood Charictor 413012004 1Z/90R006 87.2w omw Z CompMhensrve Plan 4W2004 12130r2005 87 2w - Adopled 3 Design QuaUry 10/1912004 12M7005 62.8w - 4 Environmsrttil Qwlity 9119/2006 9120J2007 104,8w 5 Chesier Creak Re-map 8119l2005 7R/2007 83.2w - 6 Seiteee Croek Re-Map 1 tF2812Q05 92112007 94.8w - - 7 PuDlic Heaithl3afsty 71lJ2006 5l4R007 93.2w 8 kazard MbpmUon Aoosaa M2005 51412007 95.2w 9 Pubflc NaUoe 721912004 212812008 83 9w 10 Ragutatory Reviaw 1ZR612006 2124l2006 9w 11 Comp Ptsn Rps Daft 12126/2005 2124J2008 9w 0 ~ OrtQutal Tasks ~ Naw Tasks Sji61Qne ,;0o*Va1L1ey 11707 E Sprague Ave Suite 106 ♦ Spokanc Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhal4spokanevalLey.org Memorandum To: Dave Mercier, City Manager and Members of the Spokane Valley City Council From: Marina Sukup, AICP, Community Devolopment Director CC: Nlna Regor, Deputy City Manager Oate: August 9, 2005 Re: Prcposed Amendment to the PUD ord(nance The City Councit adopted the Spokane County Comprehensive Plan pursuant to Ordinance No. 03-52, subsequently adopting the Zoning Cods of Spokane County as interim development regulations for the new city (Ordinance 03-53). Planned Unit Development (PUDs) are intended to provide flexibility in site design and incentives, in order to allow for unique and innovative devefopment which could not occUr under a strid interpretation of the zoning regulations. Typically the PUD should be used to provide diversity in housing choices for cluster housing, townhouse, zero lot line and muiti-family development, oRen in combination with compatible commercial uses. PUDs should not be used to circumvent legislatively approved minimum standards in conventiona) single family subdivisions without providing tangible benefit to the community through design and the provision of appropriate open space. To date, the PUO ordinance has besn used exclusively for single family detached housing developments. The amendments approved by Council in 2044 which provided for the design and construction of str+ests to publlc street standards has coRected a significant problem experienced in Spokane Valley. The requirement for direet access to an arterial or collector has been cliallenged. A continuing weakness in the existing ordinance relates to requirernents for open space dedication_ While bonus density may be claimed for improvements, there is no minimum requirement if it is not. The open space tendered has not always been accessible, is usually quite small, is unimproved without Irrigation systems, landscaping or provided with play equiprnent. It can become a maintenanoe burden for residents if teft un-mowed or trash is allowed to accumulate. It may be advisable to establish additional requirements for open space dedication Two PUDs received approval in 2004 and two in 2005. The Belleville PUD was denied by the Hearing Examiner for lack of dired access to an arterial or collector. Two PUDs submitted pnor to the adoption of the present regulations, including the Ponderosa PUD, remain pending, while two are pending under the present rules. Both of the fatter have direci access to arterial/collector roads.- (Fiora Meadows has access to Flora and South TeRace takes access from Camahan), Section 14.402.060 of the Interim Zoning Regulations provides amendments to the text of the zoning regulations may be initiated by the Council, the Planning Commission or any interested hearmg. Followvng the public hearing, the Planning Commission shail torward ~ recommendation to Ciry Councif for action. A Oetermination of Non-Significance was issued on July 20, 2005 with comments due not late! than August 12, 2005 and a draft proposal was submitted to CTED and other agencies for thel,' review on July 20, 2005. Expedited review has been requested. CITY OF SPnK1NE VALLEI' SPOK&rTF COt►iY'IY, WASHINGTO:Y ~ URDINANCE NO. AN ORDINANCE OF THE CIT1' OF SPl3I{ANE VALLFY. WASHLYGTON, AATFN-DING OItD[NANCF Yo. 04-046 RELATING TO PLANNF.D LiN1'I' DEVELOPMENT (PUDs). BY REPFALiNG PItOVIS1UN5 RFI_ATING TO THE REQt1IREMENT FOR D1RE, CT ACCESS TO AR7'EtrAl S ANp COLI.ECTORS; PROVIDIvG FOR SEVEI2AB[LITY; AND ESTABLISIlING F.FFECTR'E DATE. WH.E:EtEAS, Thc lnterim ComPrehensive Plan adoptod by the City af Spokane Vallcy pursuant to Ordinance 03-53, specifies dimensional standurds for residcntinl and non-residential devclopmcnt; and WRERF.4S. Ihe Comprahensive Plnn Goal EU.5a is to "(p]rovidc consistcnt, fair and timety regulatians that are flcxibE4, responsive and effective" and WHEREAS, Interim CurnprehCnsive Plan Goal UL.3 is to "[c]ncourage exemplary devclopments by providing far flexibility and innovative design thrnugh planned unit commerciallindustrial und residential developments"; and WHFREAS, Intcrim Comprehcasivc Plan Policy UL.3_ 1 tlirougli [JL3.3 rnccurage flcxible regulations and ittcentivcs; and WHEREAS, there eucist geogrnphic urrus within the Git}• of Spol:anc N'allcy which wauld bcnefit from more Flexibility in order to prrservc and pmtect sensitive environmcntal resources; and WHEltEAS, the development of Mixed-l.Jsc and Urban Activity l'cnters idcntifed in tlie lnterim ComprLhcnsivc Plan require flcxibiiity for successful design and implementation; and WtiFREAS, the proposed development regulations must be submitted to thc Wa.shington Departrncnt of Community Trade and Cconomic Uevclopmcnt pursuant to WAC 365-195-620: and NOW, THFRF.FORF., the ('iry ('ouncil of ihc City af Spokanc Vnlley. W15hington, do ordain ss follows: Section l. Soction 4.08.19 of thc City of Spokane Valley's Interim Loning regulations is hercby umended ta rrad as follows: Section 4.08.19 Ptanned Uait Dtw•elopment Overlay Zonc Section 4.08.19.01 Purnose and Intcat Thc purposc of the Plnntted Unit Development 7.onc is to cstablish a process to foster crelitivc, efficient, and comprehensivc design of site developmcnL The overiay 7one is to bc uscd in canjunction with other zoning classification except the Mining (MZ) 7.one. These regulations provide flexibility in site design and offcr incentives in ordc.r to: 1 I. Encourage inno% ativc desiLm and the crcation ol pcrnianent oRen space. ~ ['reserve and enhance special site features. ~ 3. Encourage the conservucion of natural features, wildlife habitat, and critical arcas. 4. Facilitate the developmcnt of mixed-use pmjects. l:nwurage die development af street, pedesttian and bicycle parf.<, ,p, iE,;,r, of fully cannected mutcs. 6. T'acilitate the econUmica) and adeyuate proviqion of public st•r- 7. Provide for diverse and convenient recrcationnl opportunitir . 8. Pro% ide a . ariL ~ . I I I Secdon 4.08.19.02 Atmlications antl Pruccs, I'lianncd unit developments thall be initiaied by thc owtter(s) aC all property involvcki. .mc; ownership, or by joint applicAtion of a!I owners having tide to all the pmper% ~ prapusad t'or planned unit dovelopment. Ctie planneti unit development proccss cntails a preliminary and final phnsse.-, as+ ' n. "I'he prcliminary phase exnmines the planned unit develapment plan for wmplianc< the requirements of the zone. The preliminnry plenned unit devclopment is considerrd through a public hearing tx:fore the flearing Examiner. Once approvcd by the 1[eprini, Exnrniner, dhe planned unit dcvelopment is a binding plan that defines the conccpt of r:- ~ dcvclopment and usrs to bc a1lowed.1'he planned unii develupment approval is va a 5-year pcriod, which mny be extendcd by a period noi to oxceed twelve months I :ubmitting a timc extcnsion request to the Department. Any eactension of time mu,i rzquestcd by thc applicunt, in writtng, bcfum expiration of the original approval, statFn ~lxcific rensons for such a request. b. llic ftnsl planned unit devclupmcnt plan may be approved administratively, to detrrcninc , i a!I stZndarcls, requirtrnent:, and conditions of preliininan appnoval ha%e hctn met. Svctiun 4.114.19,03 Prrlirninarv 1'tannrd l nit 11c%dup►uuttti 1'hQSpn.'lImlflary planllt'ij'IiIII limited to, tbe follawing 1. The exact boundaries.:,ld I(:__J il i,,,,, T7zc namc of thc proposed planned unit drvelorrn,. 3. Date, north arrow, and x.ale of the drawin;, 4. Names, SUNC%, i. 'I'he geii: including, but nut lit»iteci to, :.ill rc~tJeiili:il .uid uonresidential :,tructurcs, building licigiits, rccreational facilities. WAIlS, fences, refuse areas, sueels, walks and public transit f:m-:li~~~.•- G. Setbscks to the property line, roadways, and the plann: 0 8. Common opcn spaces showing size and functions uJxm completion. ~ 9. A description of thc mcthod of ownership and responsibiliry for maintenance of all common ~ optn spacr and privatc streets. ~ 10. The lacacion and dimension of off-strcet parking fucilicics, public and privatL, inciuding trnnsit facilities for nonresidential uscs. 11. Location and sizc of all public and semipublic sites if applicable (i.e.. schools, churches, parkg, plazes. etc.). 12. A tabulatinn of densitits widiin euch project area, phnse or sector. 13,-if applicable, a sutxiivision map showing land divisions. The preliminai}• and finsl suhdivision map shall comply with the couniy subdivision ordinance and state subdivision reguletions. 14. A proposed phasing and/or timing schr.dule. 15. Topographir.al map of existing tesrain at a minimum two foot contour level, including 1 UO- ycar tloud plains identificd under the Nntional Flood Insurancc program. 16. Natural features W be retained, such as natwal siopes, stands oftrces, eic. 17. All critical areas as defined in the Comprehensive Plstin. Section 4.08.19.04 Final Plnnaed Unit Uevelaaments 1. Prior to expirntian of the preliminary planned tmit devcluprncnt, approval uf A tinal plmncd unit devclopment plan is roquircd. Approval of the final plannecf unit dcvelopment sltall bc ndministrativc. A final planned unit development diffrrs from the preliminary planned unit cicveloprticnt in the umount of dctailed informntion providrd. In addition to all of the inforntatian requirod Cor a prvliminauy planned unit devclopment, the finnl plnnnrd unit development plan shall inctude the following itcros. a. Approved rosd plans. b. Approved drainage system plans. c. '1'ypir.a! buitding footprints. d. A tabulation of the perrcntauc uf totAl building covcragc in the dev2lopmcnt. e. A schemtttic tandscaping plan indicnting the rype xnd the sii.e of plant msterial to bc usrd. and the method far providing permancnt maintenance ta ull pIAntcd area_s and open spaces. 2. Any planncd unit dcvelopment not Gnalixod bcfort the expiration of the proliminary planned unit developmcnt approval shall becomc void„ unlcss a lime extrnsian is granted by the Director nf Community Development. Constructic+n shall not cL}mmence until a planned unit dcvclopmcnt has been given final appmval. Sectian 4.48.19.05 Phased Planncd Unit Developments 1. A plnnned unit developmeM may be develaped in phassci, subject w ssi approved phasing schrdulc. All construction and improvcments not completcd within frve (S)yesrs of appmval of the pnased final ptanned unit development are subject to comptiance with updated Giry Standttrds through a timc cxtension action. :'1ny planned unit devclopmint whcrc constructiun 3 0 tia; not commenced hcfore e\piratioii of the linal pl:umrd unit dev41opmeni appri+~-al shall hecame void. ~ F:ach phase of the pmposed develapment must contain the reyuired parl+ing spaces, common ~ open space, ingres.s. egress and trunsporwtion circulntian (andscape, and utility areas ~ itecessary to sustaui thai pbase as an independent development, in the event thnt the remaining propcrty is not drvcloped. Secdon 4.0$.19.06 Modificatiuns 1. Ti►e I learing Exaininer may rcquire modifications to the application for a planned unit development to cttsure thai the purpose and intent nf this chapter is accomplished. A suhstantial modihcation W the approved pceliminary or final plannod unit development plan shall only be upproved through a change of candition applic:atinn process. All modifications wfiich are not minor shall be cansidercd substnntinl. 3. A minor m(xlification tu Uic preliminary or finai plunned unit develnpment plan may bc uppruved administratively. Muior modifications shall be consistent with the foilowing rryuirements: a. The modification shall bc limited to minor shifting of the lacatian of buildings, proposcd stroets, utility casements, or common open spacc. l) llic modifiwtian shall not: i. Enlarge the boundarics of the npprovod planned unit dcvefopment plan. ii. Change the approved uses. iii. Chnnge the gencral location or amount of Iand devoted to a specific lnnd use. iv. [ncreasc the n:sidential densities. Scction 4.08.19.07 Permitted Uses lIsed atluwed in a planned unit development includc those uses allawr,ci in the underlying zunc(s) c111d tt1o5C IICCCSSOry uses nnd swctures ordinarily associatecf with a permitted usr. Sectinn 4.08.19.08 Devcloament Standxrds Prior to the issuanca of u building permit, eviJence of compfiunce with provisic►ns of this chupter, when applicable, sltall be providui tu tlic 17ivision. Sectian 4.08.19.09 Ucnsitv 1. The tutxl units permiriod in a planned unit development shal) be determincd as follc►ws. a. In any planned unit clevelupmen4 the number oFdwelling units per acre of land shall not cxcecd that which is perrnitted by the undcrlying zono(s), except as appmvcd far density bonus by the Hearing Examiner subject to the following procedures. However, this does not preclude an applicant from transfcrring density from onc partion of the develapment to another ponion of the development, so lung as the total project doos nat exceed ttic maximum density of all zoning classifiratic►ns iRCluded within the project boundsiry. Residential Jensitv shall be deterniined hy the fnllo%ving tnrmula: 4 0 Net `laximum number of Ucnsitv . ~ I)evelopment x units acre allov~~ed in + Bonus = Tatal l~n~ts ~ ~ Pcrmitted ~ Factor underlying wne Eatnecl b. 7'he net devalopment factor is the acreage oFthe planneci unit development area minus thc arca sct aside for, or existing in, any of the follawing- i. Schools. ii_ Commercinl sndlor industrixl uses. iii. Singlc-fumily residcntial platted areas, if detznnining net de<<clvpmcnt factar for the multifamily portion ofa mixed sinble-family, multifamily developmenL iv. tiatural water badies, inctuding lekes, sUeams, swamps, marshes, and bogs wtuch are not incorporated in the camman open space plnn of the plnnned unit deN-clopment. v. 75% of areas having slopzs thai excecd 40".0. vi. Public or private streEts. 2. T3onus Density: The follawing units per acre may be cumulatively earnrd as additirnal dcnsity to the maximum base unit densiry of the underlying zone. a. Cammon Opon Spacc. i. 0.3 unii-pcr-acre bonus if at Icast 5Vb of the dry, common upc:n 5pacc: hus a slupc uf 10% nr Icss. ii. 0.5 unit-per-aere bonus if significant recmntian areas are developed and equipped with at leasi 2 of the following feamres: hurd surface biking, hiking or walking trails cunnecting the cntire dovelopmcnt; improved playfields, sport courts; switnming nr wading pool; or children's pln}• areas that incurporntc play strurtures/eqvipmrnt and arr at least 10,000 squnnc frct in sir,c. b. Environmenta! Cortcern. i. 0.3 unit-per•ncre bonus iFgeneral puhlic ncccss is provided to lak< or river: to trails, 0.1 unit-per-acre bonus; to scenic vicwpoint, 0.1 unit-per-acre bunus. ii. 1.0 unit-per-acre bonus if 40°l0 or morc of the existing, disease-Cree trees ovcr 10 inchcs in dituneter, arc reiained on the sitc. Trcc diameter shall be messured at 6 fcet above the gruund. This bonus shall anly apply in forested area.s v►fiecc the density ot' the above-destribod tnxs is equsl ot greater than 10 trrrs prr Acrc. Thc hea}th of the trees shaU bc ccrtificd by a licensed art►orist. c. tnternal Circu}ation and Psuking. i-0.2 unit-per-acre bonus if aonresidential pazking arm are kept small (10 to 20 ~paccs in n group) and intrrspcrscd with Iandscaping, or providcd H•ithin or under main buildings. ii. 1.0 unit-per-acre bonus for an intercoanectcd roadway system without cul-dc-sacs. iii. 0.5 unit-per-a~.-re bonus for an un-atrd develapment allowing through access to the public. 5 0 d. Pubtic Servicc and facility Availabilitv, ~ i. 0.3 unit-per-acre bonus ifpublic trnnsit is available within'i:-n~ile a~alking di5tancc uf X tlie majority of dwclling units and offtccs. Thc walking routC shnll bc harcl-surfaced and ~ accxssible, and may rrquirc an off-site sidewniklpathway. ii. Q.2 anit-pcr-acre bonus if off-site convenience shopping facilities are fimctionally accessible within reasonable walking distance (approximatciy %`4-mile). The walking route shall [ae hard-surfaced and accessiblo, and mny require an ofi=site sidewalklpat6way. iii. 0.5 tmit-per-acre bonus if special facilities for public trunsit are incorporated into the design and appmved by the STA.(c.g., sheltercd, lightod wsiting/loading fncilities, including bcnches and pArk-and-ridc spaces). i%-. 0.2 / acre fur school bu; Ionding shelters approved by lbe sehool district. Sectiou 4.08.19.10 Parkiag, Signage, and Lundscaping Staodards I'arking, signage and I:indscaping staodanis shall be as provided in chnpter 14.842, Off-Street Pgrking and Loaci~ rlizint.~r 1 -1 Rfl,f, Cirna~tc ~t:~ncl:ird~: and ch,inter ! 1 R(lh. I Znai~cirin- and v,:~rr... '-~ectiun 4.0N.110.1 1 Ntoruge .`_~tanclards :\ll zi.,rage iii tlfc p1:inned unit dt%e:lup111rnt tIAnc NlI,ili w-ithin n closed building, escept for the storage otn:tail products thst are for sale or rent, whicli may tx; stored outduors during business hours only Outdoor storage of retail products shall naT within any required front oc side yard, nor in any public street or road right-of-way. Sectian 4.08.19.12 Refuae Storuge All outciaor trash, garbage and refuse storage areas shal i scrrened on all sides fram public view and, at a minimum, be cnclascd with a 5'/ fr. t-hi0r cnncrete blocl:, masonry wall, or sight-abscuring fence with n sight-oi, .1 .{:?Tl?!~\'.?~1'~ r►ir!c~; r_~;1I,.'~~~..~ ~rf C~,:III('?P,~ 1i- !t i~l~ .t, . .scitiun 4.118.19.15 Additiun:{I IZCliU1fL'llll'Il[, l. All streets shall mect or exceed the curniii ' . strcets adopted by the City of Spokane Valley, itti (IiGy illin, t)C ilRlcil(Il'iJ IIUIIl l!l11e Io tll1, All nreas which are to be occupied or tmveled over by motor vehiclas shall be pavec 3. No proposed street shall impede the current ar fiiturc dcvclopmcnt of any arterial or ~ idcntific l 6 ~ 4. Energy efficicnt strcj,,t lights siiall be locateA at the entrancc of the dcvclopmtnt and at each ~ intersection. Thc lights shall be owned and niaintained by the hnmcowners' associatian of local ~ elcctric utility. ~ 5. Maintenence of Private Strcsts and Common Areas. a. Residential developments. A homeowners' associution shall be create] pursunnt to RCW Chapter 64.38. The associniion shnll be creutcd for the purposc of managing and maintaining privaic streets, common areas, and oiher improvements nat otherwise ow~nod by individual lot rnvners, and any ather lacvfvl purpose allowtd undcr RCW Chapter 64.38. b. Nonresidential developments. An associatian or other legal eirtity shall be cm.xted pursuant to the laws of the Staic of Washington for the purpose of managing and maintaining private strccts, comman areas, and ather improvcments not otherwise owned by individual lot owners, and any other lawful purpose. c. Declaration af Covcnants, Gonditions and Restrictians shull be rocorded with the Spokane County Auditor for al) planned unit developmcnts canLaining private stnets and/or common areas._'The Ueclaration of Covcnants, Conditions nnci Restrictions shnll include the following provisians: i. ltcnair and Maintcnance Rights ,1nd Dutics of Association: 7'he Association shnll maintain, repnir and replece al) parts of the common area including private strcets, drainage systcros, and reucntion ponds or similar drainaga facilitics, or shall cantract for such maintenance, repair and replacement to such areas ane maintainod in good condition and function for their intended use. ii. Mnintenxnce of Privntc Streets: 'I'hc private strcets, as designed nnd approved by the City of Spokene Vallcy, have boen or aze being cnnstructed far the purpose of providing inge.ss and egress and pedcstrian accrss to the property. 'I'he City of Spakane Vallcy has no obligatian ta maintain, rcpgir or reconstruct the privnte strocts. The Association is responsibte for repaits and maintenance. The Association shall maintain the private strcets in rrasonable conformance with the appmved private road plaas en t11c with the City of Spokanc Vallcy. iii. Qig,yzp(ution of Association: Ilhc Associutinn ma}• be dissolved only if ownership and maintenance responsi6i[ity of common anas, common nrea roadways, and drninagc control features is assumed by a govcrnmental cutity with the authority to sssumc such owncrship and upon writtcn acceptancc of the same by the governmental cntity. It is not the palicy of the City of Spokane Vallcy to assumc ownership of common areas, privatc streets or other common area improvements. iv. Enforcemcnt: T6e Board, any Ow-ner, and an}• govcrnmental or quasi-governmental ageocy or municipality having jurisdiction over the Prvject s6a11 have the right to enforcc, by any procteclint; at ln%v or in equit}•, all resirictions, 7 conditions, covcnants reservatians, licns, nnd charLees now ~ on ccre;uflcr imposcd in the Declaration, and all such actian shall be cntitled tu recovcr cast and reasonablc attorneys fees ~ as arclcrrd by the Court. ~ v. Resme Fund: The Associarion shall exercise goocf faith xnd ~ best cfforts to maintain a Rcserve rund for the maintennnce of privatc streets and othec improvements such as common greenbelts, securiry station s(ructturs and oquipment, and other infrasiructure. This Reservc Fund should not be co- mingled with any other association fund. The balancc of the furid should be equnl to the tota) replacement cost of the private streets nnd other impmvemeats divided by the average lifa.expeclancy of those improvements times the age of the improvemcnts. vi. .4ccess . uired: Emergency vrhicles utility personnel, the U.S. Postal Service, and governmental employees in connection with their official duties shall have aceess to the plunned unit development 6. Drainage improvements shall be dcsigneci, constructed and maintainod in accordance with the current Spokane Valley Starni Water Managemcnt Standards, as they mny bc amended from timc to rime. 7. Pedestrian Circulniion Facilities. Within plAnned unit development projects, pedestrian circ.ulation faciliiies serving each unit shfill Ue provided on both sides of the strcet or private n~: antl ,hall bc: s. Hard-surfeced with asphalt or cancrete. Asphalt wa(kways 5ha11 be oniy Allowed whL physically separatrd by a minimum af 7' from the vehicle roadway. Alternative hard .urfnce macerial msy be used w•hen approved by the Public Works Department. Sidew:+ ' seEwrated by less dizin 3' from the roadway stiall heve a vert ! I Crom roadway. Wall►ways shall meet nccessibility standatd,, h. 1'unciianally and safcly canvenient ta ctich dwclling unii c. Funciionally and safely canvenient to schools and to industrial, . recreational and utility areas within or adjacent to the project; d. Sufftciently wido (minimum of six 16] fe-et for commercinl areas and five 151 feet for resideotial arm) to accommadate potcntial usc; c. LoxutcJ und clcsigncLl in accurdance with approval from the City uf SpokAne Valley Sectioa 4.08.19.16 Requireci Open Spstce 1. Required Open Space: A minimum of 101% of the tutnl nrea of the planncd unit dcvclopmcot shall be designated and maintnined as common apcn spucc. Rcquircd landscapc: areas and stortn water facilities shall not be usrd in the calculation of open space. 2. 1'vpes af Open Spacc;: Land dcdicated for open space should be usable for either greenbelts thnt scrve ns a buffer betwocn land uses, using existing vegetation and new plant materials, active or passive rccreutional activities, or for protecting environmentsilly sensitive areas ur critical srras. Unusable apen space includes the dcsign of areas that do not mcet the intent and purpose of thi; chaPter, such as t?pen spacr areas that arL not aeees.;ihlr to re:ielcnts of the devclopmie►it. (ir 8 0 do not function for activcJpassivc recreation or do not conscrve wildlifc habitnt or othcr natural ~ features. ~ 3 Maintenance and Ownership oCCommon 0po Saacc: The applicant shall choose 1 or aziy ~ combination of the following methods of udministering comman open spa;;e: a_ Dedication of common open space to the City, which is subject to formal City acccptance;Qr b. Establishment of an associstioa or nonprofit corporntion of ail property awners or cArpaczttions within the project area to ensure ownership uf and rcspocuibility for perpetus) maintennnce af all common open space. 4. Transfer of Ownershia. Wherz dedication to the public or n homcowners' asscx:iatian is proposcd required improvemeats shall be cvmpletcd prior tu any transfer of ownership. Wfiere improvements arc not completed in arcardance wiilt thcse_requirements, building permits andlor approval of parmitted structures may be withheld upon notificalian to the Duilding Ofticisl by the Community Ikvelopment Director, pending completian of said improvcmcnts. 5. phasinRi All common spac;es, as well as public and recreatianal facilities, shall be spa:ifcally inciudrd in the phasing schedule and bc constructed and fully improvod by thc upplicant at an equivalent or grcater tate than the cnnstruction of structures_ Sectioa 2. Section 4.15.1 of the Spokane Valicy Unifosm Develapment Code is hereby amended to add the dimcnsional stendards for msidential PUDs as shown on Atiachment "A" madc a part hcrcof for all purposcs. Sectiaa 3. C6npicr 14.704 Pl:uined Unit Uevc:lupment Qvcriny "l.one of thc intcrim Ioninc Code is hercby rcpealed. Section d. S vera ilit y. If any srction, sentencc, clause or phrasc of this urdiriance shall be held to be invnlid or unconstitutional by a court of competeat juri5diction, such invalidity or unt:onstitutionality shall not affect the validity or constitutianality of any other section, scntence, clause or phruse of this ordinance. Section 5. Fffertive Date. This C?rdinance shall be in full force and effect on the otlicial datc of incarporatian provided publicnrion of this Ordinancc or a summary t}terrof occurs in thc otiicial newspaper of the City as provided by law. PASSED by thc City Cciuncil this day of 200i. Diana VJilhite, Mnyor 4TTFST: C6ristine Bainbridgc, City Clerk Approvtd as to Form: Cary P. Driskell, Deputy City Attorncy Datc of I'ublication: Effective 1?ate: g Section 4.15.1 Residentia) 2one Dimenaionaf Standards UR-3.5`31111 UR 7`'K'> UR 12 "4" UR 22 nK'~ Residontial TS gt e Single Multi- Single Multi- Singlo Mulu- PUDs4l'''' m~t~ ~ Du lex Fami Du lex (am Famil Du lex famil Famit Du lex fami! Lot Area/Dwelling Unit 10,000 20,000 8.Q00 11.000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 1,600 Lol Franta 80 80 65 90 100 50 50 BO 20 40 80 30 Lot De th 1 80 80 100 80 80 ' 100 u 50 Fronl Yard E Setbadc 15'Q~ 15u' ~ 151z' 15~1 15(2) 15~~ 15(2) 15(2) 15~Z) 15~, 15~'' 15i5: ~ GPrPo~ ~ Se badc20(2) 20r1 20(7) 20(2' 20t') 20n' 2&) 20" 20a) 20'm 20a' 26.51 Rear Ya ~d~~ Setaack 20 20 20 20 15 20 20 15 20 20 15 15 Sfde Yard Setback 14k~~(0) 5 5 5 5 5 5 5 5 5 5 5 5 Side Yard Setback {flanking Street `J) 15r.) 15121 15121 15rn 15") 15';n 1521 15(21 15w 15~21 15`' 10 Open Space 10% gross ~i erea Density • Zane+ DU/Acre 4.35 4.35 1 7 7 7 12 12 12 22 22 22 Honus ~ Lot Covo e 50.011/n 50,096 55.0°ro 55.0% 55.0°fo 60.40/o 60.0% 60.0% 65.0°k 85.4% 65A° 0 80.0% ~ Buitding Height in feot 35 35 35 35 35 40 40 40 50 50 50 Zune ~ Builcling Height in stories 2'h 2'h 2'r, 214 3 3 3 4 4 4 Zone "ClearvlevJ" Triengla requfred P) Measured iram property line outside border easement, if any Zero setbacks along rear andlor one sjde are allowed provided that a 6-0" construction and maintanance easement(s) Is recorded uoth the Spokane County Auditor pnor to issuance ot a building permit. Minimum rear yard setbadcs on zero {ol Eine configuration shall nat be less then fifty (50) feet ar the sum of the rear yards required by fhe undeNying zane, whichever lg grsater. Minimum side yard setbacks Detwean dwelling units and ad]acent lots shall not be less than 10 feet on tho slda opposlte ltte zero in a zsro ~ lat Ilne can5guration isi Institudonat and Office uscts have the same setbadc as resideMial usea In zones where permitted. Atteched garagea laading irom the alde ~ mey have the same selback as a principal strudure. ~ PermittQd accessorv sUudureg shall malntein a five foot (5-01 slde ertd tear vard setbadt ATTACHMENT "A" ~ ~