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2008, 12-09 Regular Meeting ! y AGENUA SPOKANE VAI.I.EY CITY COUNCIL RFGULAR MI:ETING Council Mreting #149 Tuesday. Dc-cember 9.2008 6:00 p.w. Spokstnc Valleti City Nall Council ChAmhtrx 1.1707 E Spragne Avenue Caiuicl/Reqvests Plrare.Sllencr }irur CrU Phoncs DurinR Caunril Afeeli,rg CALL T() URDER: [NVOCATION: Pa,~tt,r f)avid ]u4iw5on, Vnllc,. Unite:l h1-rthodist (,hurch PLEDGE O} A1.1.EGL.iN('E: ROL.L CALL: AFPItOVAL CJF AGENDA: iNTROI)l,aG'T10N OF SAF.CiAL GCTESI :S ANU !'ltESEN"TATInKS: COMMfITEF„ BOARD. I.tAiSON SUMMARY (2E!'ORTS: IMAYOR'S REPUItT: PLBLIC CQNiMF..NTSt This is tut opportunity for the public to spCak on any, subjc.•ct net on the agctida for netivn_ W1►cn yuu comr tu the pc►dium, please state your narnr and acidresi for the rceord nnd limil rcmnrks tu thrrc minutm. 1. PLTf3LIC HF.AIt1NG: Emergency Ordin3nce 08-02i Amending Spokxne Vnliey Municipnl Codc Scctions 20.30.Q2f1 and 20.40,010 Kcli;iing ct) Survcyingamd Ulertnmic 5ubrnittnl Itcquirrmrnts fiir Subtiivisions- Niil:e ConnellN 2. CONSE;VT AGEIr`DA: Consists c>fitems cuitsi►lrrt-.1 ruutinc a hicli ar4 :jpproved ati gruup. A Cnuncilmcmbet may rcmavc an item fmm the Cansent Agenda tn be considetrd sepuratcFy. n. Claim Vouchexs, List dntcd 11/182008, Vouchcr#IS9f'i34 thrc)ugh M 1GQOt. "1 uuil$908.086.18 h. Pnyroil fix pay pcriod eoding Novcmbet 15, 2008: 5232,128.1 S c. PnyTup fur pay pcciod cnciing Novcmbcr 30, 2008: $322,759.67 d. Council Rcgular Mccting Minulra af Novembcr 18,2008 e. Council Stucfy Scssion Mceting Minutes of ikrembrr 2, 2008 f. Resaluticm 08-02 (Settmg- Pinnnint! l'nmmis>icm 1 lairing fi,r Stnet Vacation ti i V 0-1-II8 NFW IIUSINES`• 3. Sa:und Rrading Prupu..-r] Ordinancc 08-024 Coclc Cumplinucc Anlenilment (gratliti) - Cnry Dris}:cll I poWlc cammcatj 4. Second Reading F'roposed {)rdinance 08-425 ITpC Code Complianr,e Ordinance - Can llriskrl l [nublic comment] 5. 5ccond Rcoding ('rroposed Ordinance 08•026 for Code Amcnctmznts - Christina Jansscn [pnblic cnmmeal) 6. Second Rrading i'mposcd Ordinance 08-027 Amrnding 2008 Budget - Kert Thompson [pnblic cammrntl 7. Secand Reading Pttiposed Chctinanci 08-028 for Street Vacation Sl'V-02-08 - Lori I3arlow (public commcnll Ceuncil Agcsill 12-09-08 Krgultr. NSa;tinF F':igr 1 uf 2 R. Yrc►posed kc-solutiori 08-0: Arncnding I-c-c Rrsoluliun - Kcu Thocnpson 1public commcntj 9. Motion CoczsiJerQtion: Confirmation af Mayontl Nominatirnu tu the Plunning Commissian - Mevur Munson ipublic comment] 10. Motion Cansidcration: HotcUMcitcl Giant Alla.-ations - Councilmember R'ilhitc (public comweat] 11. Motion C.onsideration: AAA Sweeping Setvices -Tim Klcin Ipublec comrocntJ I?. Nfotian Consideration: YN1CA Aquatics Cuntrnst RcncNul - Mike Stone (publlc cornmentJ 13. Motion Considrration: Scnskc C'orrtrsct Rrnewni Mike Stonc [rublir rommenti 14. Motion Considcrativn: , . . . . ~ ' . ~EiulrGc c~rnim~ntl for action. W'hen you ~ r , • , . . , ~ . - ~ : , ; rcrTwrks tu tlttce minutc AI)1HAN15TRATIYF: fiLl'Ult I 15 \icmOr:1T1 (lumofl'ndrtstand111~2 t~•r t'c, ,,.i~t, ; i;i% ~CW i.i:, Ili I\F(_)lttil,N'1'tO\ 16. l=inax:c 11ousckccpinK ltcni~ - Kcii I'hcfmpson i7 C'artial rclrnse of ltttcrr,~t -(;rc;: M. ('ormicG. t-xl•'C tiy-Stilf)ti: I:md :1cquislt)(Iti A 1)J(lUltNN1FIN_(. Ft1TURE SCHF_DU'LL' ReRular Council MePtings crre generAlly held 2nd and 4th Tuesdays, beginnirrX at b: 00 p.m. Cuuncl! S1u4, SessioRS are grnualI}• hrld Isl, 3rd, and Sth Tuercfa}:s, beginning a16: UO p. NCiT1CT: Individuols rlanning tn anrrul the merting whn royuire sprdal essi4tsuce w actommuclule ph}sical. hearing c~r othec impnirmcnts, plcxe cuatac~t qhe Citv C4a~, vt (Sfi9) 42I-100U as soon as pos%iblc w thnt nrt~angcmcn~. mav bc rrmdc. Cuun:il Agcnd.i I2-0-(1S kc2al:tr 1lccting 1'iwt 2 uf 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: • Item: Check all that appiy: ❑ oonsent ❑ old business new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public hearing, Interim Emergency Code Ordinance 08-021 amended portions of Title 20, Subdivision Code. GOVERNING LEGISLATION: RCW 36.70A.390, RCW 35A.63.220, Spokane Valley Municipal Code Title 17.80.140 PREVIOUS COUNCIL ACTION TAKEN: On October 14, 2008 the City council passed ordinance No. 08-021, an Emergency Interim Ordinance amending code sections 20.30.020 and 20.40.010 relating to surveying and electronic submittal requirements for subdivisions. A public hearing on this date was established by that ordinance to c4mply with State Law. J C~ BACKGROUND: See attached RCA dated October 14, 2008 and memorandum by John Hohman. The ordinance is currently before the planning commission for consideration as a permanent amendment to our subdivision code. ' OPTIONS: Conduct Public hearing. Revise ordinance at a subsequent meeting if council so desires. RECOMMENDED ACTION OR MOTION: Conduct Public hearing. Council discretion. BUDGET/FINANCIAL IMPACTS: See attached. STAFF CONTACT: Mike Connelly, john Hohman ATTACHMENTS : . 1. RCA dated October 14, 2008 ' 2. Memorandum by John Hohman . 3. Ordinance No. 08-021 C1TY OF SPOKANE VALLEY ' Request for Council Action ; . . . , Meeting Date: October 14, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ ald business ~ new business ❑ public hearing + ❑ iniorrnaBon ❑ admin. report ❑ pending legislatian AGENDA ITEM TITLE: First Reading Proposed Interim Emergency Code Ordinance 08- ' 021, to Amend Title 20 i i . , n GOVERNING LEGISLATION: Spokane Valley Muniapal Code Title 17.80.140 ~ , ; PRFVIOUS COUNCIL ACTION TAKEN: None I I BACKGROUND: The Community Development Departmen# is bringing forward an emergency ' code amendment to amend Chapter 20 of the Spokane Valley Municipal Code. Staff has ~ discovered that there is a required standard of survey accuracy that is onerous, expensive and i to our knowledge, only one local survey company is set up for. We are also proposing to ~ remove the requirement to submit an electronic map for preliminary subdivisions since it is not ~ necessary at this stage of the development. Please see John Hohman's attached memo for ~ more information. I OPTIONS: NlA . RECOMMENDED ACTION OR MOTION: Mave to suspend the rules and approve Ordinance I 08-Q21, Title 20 emergency code amendments. i_. r BUDGET/FINANCIAL IMPACTS: None _ STAFF CONTACT: John Hohman Senior Development Engineer ~ ATTACHMENTS: Ordinance prepared by Mike Connelly, City Attorney . i i I ~ ' i 1 Page 1 of 1 From: Kathy McClung - ~ ~ Sent: Th«rsday, October 02, 2008 3:1 5 PM To: Chris Bainbriclge; Carrie Acosta ' Cc: Deanna Griffith Subject: FW: Interun Emergency Title 20 Code Amcndment Attachments: 20.40.010 final submirtal 10-2-08.doc; 20.30.020 contents oF application 10-2-08.doc From: John Hohman Sent: Thursday, Qdober 02, 2008 2: 10 PM To: Mike Connelly Cc: Deanna Griffith; Kathy McClung; Greg McCormlek; Lori Barlo+,v Subject: Interlm Emergency litle 20 Cade Amendment Mike, The att3chments contained a strike-through version ol' Title 20 as we discussed. The elirnination of the provisions , in 20.30.020 and 20.40.010 will allow us to process preliminary and final short pla4s, plats, and binding site plans without the onerous surveying and electronic submittel requirements. As currentty written, the code requires all j preliminary and final subdivision maps to meet precision standards that are not attainable by the development ~ community and have little value in our process. The standard requires boundary points for corners to be located by global positioning system (GPS) to the high accuracy refEn2nce neiwork (HARN) or the high precision geodetic ~ netvvork (HPGN) standards. To our knowledge, only one local surveying firm has the capability to perForm this work. They have indicated that this level of precision would 2dd approximatefy $50,000 to the average surveying ~ casts associated with subdivisions. The requiremznt is nok necessary and does nat benefit the City or the development community in any way. : In addition to removing the accuracy standards, we arE also propasing to remove the electronic submittal ' requirements for preliminary subdivision maps, We have no need for the electronic submittal at the preliminary ; plat stage. We will maintain the requirement for final maps. At this time, a PDF of the map will meet our neeos. ; The interim emergency cocie amendment is necessary because we have several short plats and binding sits ~ plans ready for final signature that can't be processed since they have noi met the accuracy standards. We are ~ currently woricing on a revised Title 20 but this process is expected to run through the first quarter of 2009 and will not be a timely fix for these existing projects. ~ i Thanks, John Hohman , . ~ ~ ~ i ~ i ~ i I . ; . ; ~ . ~ file:/nlsv-fsllUserslCBainbridgelagendapacket 10-07-081FW Interirn EmergEncy 7itle 20 10/912008 , CITY QF SPOKANE VALLEY Sl'OKANP, COYI1`TY, WASffi1\TGTOIY 0RDT,1VA.iTCE NO. 08-021 A\T E=tiiF RGF,NCY iNTL, R.TM ORDINA\'CE OF THE CiTY Ok' SYOKANE V.ALLE Y, SPOI{ANF COtJNTY, WASinITGTON ADQPTING A\T INIERIM 0RDliNANCE AMF,nT.U1NG SP(JKAN'E VALLI~~Y ATLTNICIYAX, CODF, SECTIQNS 20.30.020 AND 20.40.010 RE11AT1NG TO SURVF•YiNG AiND :E:LECT,ROi"TIC SUBNIITTAL REQUII2ENIEn7'I'S k'OR SUBDWISTd\`S; AECLARING AN EM.I:RGEVCY A]VD SETT]1VG A pU'BLIC FTEARING DATE. WIiERFAS, the City of Spokane Valley adopted the Uniform I7evelopment Code (i1DC) pursuant to Ordinance 07-015, on the 24th day of September, 2007; and ' VVHE.REAS, the IJDC becarne effective on 28th day of October, 2007; and R'AERFAS, the City of Spokane Valley has identified two provisions that set fortli precision stauidards that are not attainable by the develoPment community ancl have littlc value in the subdivision approval process; and WAEREAS, the standard requirement that boundary points foe comers to be located by global positioning system (GPS) to the lii311 accuracy reference netwrork (1-IARNT) sta.ndards is not currently achievable by many of the local surveying firms and would add signifeant costs to ihe average surveying ~ costs; and WREREAS, thc requirement is not necessary snd does not benefit t;he city or the developmeiat community; and NVHERE AS, the electronic submill;al requirementS for preliminary subdivision maps is not necessaiy at the preliminary plat stage but sllould be required for the final maps; and W1UIZEAS, there are ctirrentl_y sevecal short plats and binding site plans ready for final signature thal cannot be fnalized becausc they have not met the accuracy sLandrrds set fortti above, requiring immediate action by the City CounciL . NOW THERE, FnEZ:H;, TIffE CITX COUNCIL SPECIFICALd,,Y 0I7llAINS AS SET FORTH BELOW: ' Section One: Pursuaiit to RCLV 36.70A.390 1nd RC`V 35A.63.220 the city adopts tllis interim zoning ordinance amending sections 20.30.020 and 20.40.010 as is set forth specifically below. This interim ordinance shall be effective for six (6) months from the effective date of sdoption. Section Two: Pursuant to RCW 36.70A.390 and RCW 35A.63.220, a public hearing before the City Council to consider this interim dcvelnpment ordinance shall be set for i7ecember 9, 2008. Seclion Three: Pursuant to RCW 35A.13.190 the council declares that an emergency ex.ists in that fnalization of development applications, without the amendmenls set forth below, are beulg withheld pursuant to the existing cade, requiring the passage of this cmergency ordinance to easurc the timely and appropriate processing of subdivision, short plat aiid binding site plan applications, and to protect the public's general health, safcty and welfare. . Ordinance 08-021 Interim Ememency Ordinance re UDC Paae 1 of 4 j. { . ge Section Four: Pursuant to RCRr 35A.13.190, this ordinance shall takc effect immediately upon passag by lhe City Council. Section Five: SV1N1C 20.30.020 shall be amencled as follows:. Title 20, SubdiNisions 20.30A20 Contents of iipplication. Every preliminary short subdivision, subdivision or bindiri'site plan shall consist of the appropriate application form, applicable Pees and the following: A. Maps and Exhibits. 1. Ten copies of thc pee.liininary short plat, plslt or binding site plan which shall be a legibly draNvn map, 18 by 24 inches in size for short plats; 24 by 36 inches in size for plais and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. 1f approved by the. clcpar4nent, w alternative approprialc scale Rlay be used; 2. One reduced (eight and one-}ialf by 11 inches or I 1 by 17 inches) copy of the preliminary short , plat, plat or binding site plan; 3. One capy ofdle Spolcane County assessor's half-section map clearly indicating the subject property. Addilionally, all adjacent properties with parcel nurnbers must be inclicated on the half-section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within 400 feet of the subject properfy, unless the applicant owns atljacent properly, in wliich case the map shall show the location and parcel number of all properties within 400 feet oFthc applicant's owmership; 4. Legal de,,SCription of the subject property wit.h ihe source of the legal description cleiirly . indicatecJ; 5. Public notice packct; and - 6. SENA environmental checkl.ist for preliminary subdivisions and bind'uig site plans. R, Preliminary shor1: subdivision, subdivision or binding si[c pl3n data (to be i.nclucled on the prelimi.nary short plat, plat or binding site plan). l. Nlanie, address and telephone niimber of the owner of the subject property and the person with whom of6cial contact should be made regarding the short plat, plat, or binding site plan; 2. Title of the proposal; - 3. Location of subject property by secCion, toivnship and range; 4. Awritten,narrative dest;ribing the proposal includino, but not limiccci to, the number of proposed lots, nature of surrounding properties, proposecl access and timing of phasing of the dcvelopment. "1"he nserative shall also address complianec to applicable sections of the developinent code and other applicable regulations; 5. Vicinity map.thlt clearl}' indicates the subjecl prqperty; • 6. North arrow, scale and boundary of the proposed short plat, plat, or binclinD site plan; 7. Boundaries of all blocks, the designation of lots, lot lines and dimensions; 8. Location of existing utilities; 9. Location, names and widfhs of all existing and proposed streets, roads and aGCess easements within the proposed short subdivision, subclitrision, or binding site plan and within 100 feet thereof, or the nearest City street if there is no City street within 100 feet of the subject " property; 10. All existing or proposed easements or tracts pmposed to be cleclicated for any publie purpose or for the common use of tlie property owners of the short plat, plat or bindinL site plan; 11. Location of any natural features such as wooded areas, streams, drainaoe ways, or critical areas as defined in SViMC Title 21; ~ 12. Lacation of existing buildings, sepdc tanl:s, draiiifelds, wells or othcr improvements, indicating I~` J if they will remain or be removed; Ordinance 08-021 Interim Emergenev Ord'uiance re UDC Pave 2 nf 4 ' ; 13. Whether adjacent property is platted or unplatted. If platted, givc the name of the subclivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision oCa portion of an exisCing plat, the approximate lines of thc e:cisting plat arE to be sho,,vn and a copy of the existing plat, along wiCh any and all recorclect covrenants and easements; 14. Topographic information at rivo-foot intervals. Topographic information required by this section must bc collected by or under thc direction of a profcssional land surveyor; 15. "Site data table" showing number of proposed lots, frontage for each lot, lot area for each lot, existino zanino, water supplier, method of sewerage; and Section Six: SVMC 22.140. 010 shall be amended as follows: Title 20 Subclivisions 20.40.010 Final submittal. A. Thc final short subdivision, subdivision, or binciing site plan shall incorporate all conditions of tlic preliminary approvaL The Fin3l shnrt subdivision, subclivision, or binding site plan shall incorporate • aJl conditions of approval imposed by the hearing examiner. B. AU final subdivision, short subclivision or binding site plan submittals shall includc the Pollowing: 1. A minimum of 10 capies of thc proposett final short plat, plat or binding site plan; 2. Appropriatc fees; 3. Three copies of a plat certificate; and 4. Maps and exhibits shall also be submit[ed in nne of the following clcctronie file formats: a. AutoCAD.ciwg (National CAD Standard); b. ESR.I.shp (fully thematically classified layers); ~-J e. Microstation .dgn (National CAD Standard); or d. Other format approved by the director. C. The final short plat, plat or binding sitc plan shtill show: 1. All monutnents found, set, reset, replaced or removcci, etescribing their kind, size ancl locatian and giving other data relating thereto; 2. Bearing trccs, corner accessories or wifiess cnonuments, basis of bearings, bearing and length of lines; scale of map and nortli arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and arGas shown; 4. 7'ies to adjoining surveys of record; 5. The alloNvflble error uf machematical closure for the final Plat map shall not exeeccl onc foot in 80,0001'eet or 0.04 foot, whicliever is grcatcr, 6. Bea.rings and lengths are to bc shoNvn far all lines; no ditto marks are to be used; 7. Arrows shall be used to show limits of bearings and distances whenever any chance of in is interpretation could exist; Plat baundary and street monument lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spi.ral curves shall shoN;, chord bearing and length; 9. Lots along curvcs shall show arc length along curve and radial bearings at lot comers. If a curve table is provided, ii shall show angle for each segment of tlie c•urve along each lot, arc lena 1, tangent length, and radius.l7adial bearittgs along lot lines will not be required; 10. F111 dimensions shall be shown in feet and hundredths of a faot. t111 bearings and ajigles shall be shown in degrees, minutes and seconds; 11. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat in a location and on a datum plane apProved by the City; t mr D- 1 r,FA I` . ~ . 12. The final short plat, plat or bindino site plan shall indicate thc achial net srea for each platted lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest hundredth of an aerc, and a.ll other lots shall be shown i.n square feet; and Section Seven: Severability. 1f any section, sentence, cltiuse or plu-ase of this Ordinancc should be held to be i.nvalid or unconstitutional by a courY of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or ohrase of this Ordinance. Passed by the City Council tliis 14t}i day of Oc•tober, 2005. fayor, ~c ard Vlunson A. City Clerk, ChrisYine $ain riclge Approved as to Forn1: Offic ci thc City ACtorliey Date of 1'ublic.ation: %(r~_ EEY'ective Date: October 14, 2008 Erpiration Uate: April 14, 2009 . Clrrlinanr.e (1R.()21 Tnterim Emeraencv Orrlinanr.n rr. I1f7C PqoP 4 nfd , ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: BACKGROUND: VOUCHER LIST DATE VOUCHER NOS. TOTAL VOUCHER AMOUNT 11/18/2008 15964 - 16005 $908,086.48 GRAND TOTAL $908 086.48 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson ATTACHMENTS Voucher Lists i % . , vchlist Voucher List Page: 1 1111812008 11:56:03AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 15964 11/10/?.008 000839 GENERAL rIRE EQUIP CO 0092300 MAIfdTENANCE: CP 144.66 Total : 144.66 15966 11/14/2008 000676 THOMSON WEST 816708420 AUG 08: LEGAL SUBSCRIPTION 514.42 Total : 514.42 15369 11/17/2008 006958 AAA SWEEPING, LLC 41300 41981 AMVACTORING SERVICES CONT 11,995.35 Total : 11,995.35 15970 11/17/2008 000197 AIR INC • 26132 PRE-EMPLOYMEN7 SCREENING 125.00 ' Total : 125.00 15971 11/1712008 001081 ALSCO LSP0502801 FLOOR MATS 14.47 LSI'0506563 FLOOR MATS 15.22 LSP0506564 FL0012 MATS 2.75 LSP0510342 FLOOR MATS 14.47 Total : 46.91 15972 11/17/2008 060335 ALTOMS TIRE INC. 6-33787 TIRE SERVICE: 06770D 56.58 6-37646 SERVICE ON: 38910D 100.36 Total : 155.94 15973 11117/2008 000334 ARGUS JANITORIAI. LLC INV002804 OCT 08: PRECINCT JANI70RIAL 2,144.64 Total : 2,144.64 15974 11/1712008 000694 AVISTA UTILITIES 14350A13558 42176 RELOCAI'ION OF UTILIIY POLES 7,366.05 Total : 7,366.05 15975 11/17l2008 000173 BINGAMAN, GREG Expenses TRAVEL EXPENSES: OS EDEN CON 103.42 Total : 103.42 15976 11/17/2008 001862 BISCHOFF, PATIY Expenses OFFICE SUPPLIES REIMBURSED 135.83 Tota I : 135.83 15977 11/1712008 000429 COFFMAid ENGINEERS 808718 42171 SULLIVAN BRIDGE #0095 3,800.00 Total : 3,800.00 Pgge: 1 - , - • ` ~ ~ vchlist Voucher Llst Page: 2 1111812008 11:56:03AM Spokane Valley Bank codc : epbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 15978 11117/2008 000326 CONSOLIDATED IRRIGATION #19 11982.2 OCT 08: UTILI7IES 12.05 11983.2 OCT 08: UTIUTIES 13.41 11984.2 OCT 08: UTILITIES 12.74 12482.2 OC7 08: UTILITIES 87.34 12483.2 OCT 08: UTILITIES 61.23 12454.2 OCT 08: UTILITIES 67.81 Total : 254.58 15978 11117/2008 000683 DAVID EVANS & ASSOCIATES 258355 PRECINCT SHOP #0096 2,182.50 Total : 2,182.50 15980 11/17/2008 001861 DEPT OF NATURAL RESOURCES 490001000294802009 ADMIN FEES: ESH81005 1,443.78 Tota I : 1,443.78 a 2098! . 8-99-- Total : 1,898.08 15982 11/17/2008 001771 DOLLAR RENT A CAR 1a688251 OCT 08: C013ALT RENTAL 434.11 Total : 434.11 15963 11/17/2008 000246 EAST SPOKANE 1NATER DIST #1 09006100 OCT 08: UTILITIES 334.70 09026100 OCT 08: UTILI7IES 199.46 a9066100 OCT 08: UTILITIES 265.19 09078100 OCT 08: UTILI7IES 80.06 Total : 879.41 15884 11/1712008 001447 FREE PRESS PUBLISHIMG INC 31145 LEGAL ADS 94.35 31147 LEGAL ADS 216.20 . . 31184 LEGAL ADS 27.20 31185 LEGAL ADS 25,00 , 31186 LEGAL ADS 98.60 31187 LEGAL ADS 69.70 Total : 531.05 •13986 4-4-4~-;E9P098 r•F!tNroni rIoc SnUIR6(=1 eae~aoe SEi'N16~~-v^Ak6: 6R 444. Total : 144.65 15986 11/17/2008 001253 GORDON THOiJ1AS HONEYWELL G10042 OCT 08: LOBBYIST SERVICES 2,516.37 Page: 2 vchlist Voucher List Pagc: 3 1111812008 11:56:03AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Dcscription/Account Amount 15986 11/17l2008 001253 001253 GORDON THOMAS IIONEYINELL (Condnued) Total : 2,516.37 15987 11/1712008 aa0441 HOME DEPO7 CREDIT SERVICES 2064291 PAIN7 SUPPLIES: CITY HALL 98.08 Total : 98.08 1598$ 11117/2008 000313 INI.AND ASPHALT COf1rP/aP1Y INC. PM7 tt3 42102 PROJ t1005 - PINES/MANSFIELD CC 635,859.85 Total : 635,859.85 15989 11/17I20138 000070 INLAND POWER & LIGHT CO 94202-002 OCT 08: UTILI7IES 45.98 94202-003 OCT 08: UTILITIES 61.67 94202-005 OCT 08: UTILITIES 133.19 94202-006 OC7 Q$: UTILfTIES 201.60 Total : 442.44 15990 11/17/2008 000387 N10DF_L IRRIGATIOPJ DIST. #18 06-0400.0 APR-OCT 08: UTIUTIES 794.25 Tota I : 794.25 15991 11/1712008 001537 NORTHSTAR EPITERPRISES, INC 8933 42172 TRAFFIC CONTROL #0095 588.50 Total : 588.50 15992 11117/2008 000058 OCCUPATIONAL MEDICINE ASSOC. 10148 PRE-EMPLOYMEN7 SCf2EENING: F 175.00 Tota I : 175.00 15993 11/17/2008 000652 OFFICE DEPOT INC. 446956150-001 42161 KITCHEN SUPPLIES 19.51 446957746-001 42161 OFFICE SUf'PLIES: PARKS 109.03 42161 446958309-001 42161 OFFICE SUPPLIES: PARKS 39.07 Total : 167.61 15994 11/17/2008 000307 OFFICE OF THE STA'CE TREASURER AUG 08 CASH RECEIPTS JOURNAL SUA4Mf 70,571.55 SEPT OS CASH RECEIPTS JOURNAL SUMME 74,800.38 Total : 145,371.93 15995 11/1712008 000322 QWEST 569-924-1707 740B PWONES: TERRACE VIEW 101.86 Total : 101.86 15996 11117/2008 000709 SENSKC 1-4WN & TREE CARE INC. 2934849 IAWPJ PAAINTENANCE 1,979.10 2934850 LAWN MAINTENANCE 50,842.15 Page: 3 ` - - - ~ / vchlist VOUCher List Page: 4 1111812008 11:56:03AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 15996 11/17/2008 000709 SENSKE LAWN & YREE CARE INC. (Continued) 3020530 41969 PEST CONTROL SERVICES AT PRE 70.66 3052942 LAWN MAIN7ENANCE 42.39 3052943 LAWN MAINTENANCE 42.39 3057895 LAWN MAIIdTENANCE 48.82 Total : 53,025.51 15997 11/17/2008 000779 SOUTHARD, BRAD 301322 41928 OCT 08: ANIMAL REMOVAL SVC 1,195.00 Tota I : 1,195.00 15998 11117/2008 001260 SPOKANE CASN REGISTER INC. 20834 COVERS FOR REGISTERS: POOLS 67.39 Tota I : 67.39 15999 11/17/2008 000172 SPOKANE CO ENGINEER VLY0809 SEP708: ENGINEERING SERVICE: 19,589.08 Total : 19,589.08 16000 11/17/2008 000348 SPOKANE CO PROSECUTING ATTY AUG 08 CRIME VIC'fIMS COMP FUND 986.48 SEPT 08 CRIMG VICTIhIIS COAAP FUND 1,068.46 Total : 2,054.94 16001 11l1712008 000323 SPOKANE CO U'TILITIES 015364/065364 NOV 08: SEWER/WASTEWATER 225.72 016631l06%31 NOV 0$: SF_WER/WAS7EWATER 33.46 017022l067022 NOV 08: SEWER/WASTEWATER 106.04 0244331074433 NOV 08: SFWER/WASTEWATER 106.04 0271291077129 OCT 08: SEWCR/WASTEWATER 51.60 031608/81608 OCT 08: SEWERNVASTEWATER 260.97 0343541106428 NOV 08: SEWER/WAS7EWATER 68.46 - 0370591109325 NOV 08: SEWER/WASTEWATER 68.46 0429031115953 OCT 08: SEWERNIlASTF_WATER 312.32 Total : 1,233.07 16002 11/17/2008 000167 VERA WATER & POWER 0001-031971.02 OCT 08: UTILITIES 40.84 0001-032805.00 OCT 08: UTILITIES 21.63 0010-003488.01 OCT OS: UTILITIES 49.62 0011-010826.01 OCT 08: UTILITIES 300.86 0012-004137.02 OCT 08: UTILITIES 566.43 0013-032589.01 OCT 08: UTILITIES 163.11 0014-004275.01 OCT 08: UTIUTIES 118.53 Page: 4 vchlist Voucher List Page: 5 1111812008 11:56:03AM Spokane Valley Bank code : apb2nk Voucher Date Vendor Invoice PO # Qescription/Account Amount 16002 11/1712008 000167 VERA WATER & I'OUVER (Continued) 0014032971.00 OCT 08: UTILITIES 26.80 0016-007780.00 OCT 08: UTILITIES 387.51 0018-031941.01 OCT 08: UTILITIES 26.09 0018-032752.00 OC7 08: UTILITIES 20.71 0099-00O005.00 OC7 08: UTIUTIES 1,714.40 Total : 3,430.53 16003 1111712008 000980 WESTERN SYS7E-MS I0002997 42029 SIGNAI_ CONTROLLERS PROJ #071 427.69 Total : 427.69 16004 11/17/2008 000152 WSDOT AT881001002 SIGNAL'ILLUMINATION fV1AINT. 4,734.47 ATB81014088 SIGNAL'ILLUMINATION MAINT. 3,726.20 Total : 8,460.67 16005 11117/2008 QU0648 7J1Y0 BANDWIDTH 2164 DARK FIBER LEASE 228.06 Total : 228.06 39 Vouchers for bank code : apbank Bank total : 970,129.21 39 Vouchers in this report Total vouchers : 910,129.21 .T., tbe undersigned, do certify under penalty o£perjury, QO~O$~, ~.~v that the materi: havre been f.urnished, the services rendered., or the labor performed as de5cribed herein 7nd that t;he cltti.m is just, due ancl an unpaid obl.igation against the Ci.ty of. Spokane Valles, and that I am suthoxa,ed to autihenticate Fuii3 cextify said claim. Pinance Direr.h,c.~r DAte Mayor. D.3te Council:Membe.r Date Page: 5 CITY OF SPOKANE VALLEY Request for Council Action . Meeting Date: 12-09-48 City Manager Sign-off: Item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending November 15, 2008 GOVERPIING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: • OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Gross: $200,883.66 Benefits: $ 31,244.52 Total payroll $232,128.18 STAFF CONTACT: Raba Nimri ATTACHMENTS i CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-09-08 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business ❑ netv business ❑ public hearing ❑ informaGon ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending November 30, 2008 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Grass: $ 205,428.34 Benefits: $ 117,331.33 TOTAL PAYROLL: $ 322,759.67 STAFF CONTACT: Raba Nimri ATTACHMENTS , DRAFT MiNUTES ~ City of Spokanc Valley City Council Regular 1Vlecting Tuesday, November 18, 2008 Mayor Muiison called the meeting to order at 6:00 p.m., and welcomed everyone to the 148th meeting. Atleirdunce: Citv S1uj'/: Ttich Munson, vlayor Mike Jackson, Deputy City vlanager Iaick Denenny,l7eputy Mayor Mikc Connelly, City Attorney Rose Dempscy, Councilmember Neil Kersten, Public VJorks Director Bill Gothmann, Couricilmember Ken Thompson, 1'inance Iairector Gary Schi.mmels, Councilmember Kathy McClung, Community Developmcnt Tair Steve Taylor, Councilmcmber Scott Kuhta, Senior Planncr Diana Wilhile, Councilmember Lori Barlow, Associate Planner Mary Katc McGee, Building Official • Christina Janssen, AssistanC Planner JAhn Whitehead, Human Resources Manager Carolbelle Branch, Public Information Officer T3ill Miller, IT Specialist Chris Bainbridge, City Clerk iNVOCATION: Father John Steiner of St. N1ary's Catholic Ghurch gave the i.nvocaCian. PT.,F.T.)GE OF ALLE(yIANCE: Msyor Munson led the F'ledge of Allegiance. RQLT., CALL: City Clerk Bainbridge callcd roll; all Councilmembers were present. APPROV.Al. OF AGENDA: It ivas rnoved by Councibnenrber Tuylur, seconde.d and ununimously ap,reed to upprove the ugentla. Mcryor Munson rrientionecl tliere ia:ould be no exeeutive sessian torlight. liNTRODUCTi.QN OF SPECIAL GUESTS AND PRESENTA"I`lONS: n/a COvIlVIIT 1EE,130A.1tll, LIA1S0\i SUNIP4A12Y 1ZEPORT$: Councilmember Williite: reported that she attended the Spoka.ne Regional '1'ransportation Committee meeting where the audit of their fcderal funding managemetlt was cliscussed; she attendecl a meeting convened by Greater Spokanc, inc regarding transportation needs for all cities within Spokane County, that lhere were several legislators in attendance tind they discusscd ways to deal with cities' needs for new construction and 1iow to Fund t:heir maintenance and opcralion of esisting roads, Chat the presenter at that meeting was a representative from Avista, and also cliscussed ways to deal with needs through lcgislative action sueh as examining the idea of lic•ense tab fees. Ms. Wilhite reported that she attended the NdCion3l League of Cities (\LC) conf'ercnce last week in Orlando where she attended several sessions on the topic of re-development of cilies and transportation issues. Councilmember Gothmann: mentionecl he also attended scveral sessions st thc NLC Conference, incltiding one on conducting public meetings to engage the community in dialoauc; and said that many citics are engaging the public by providing facus groups to sct priorities and goals for the city in general, as he explained ihat the perecption di the public may differ from staff's ancl council's perception eoneerning what the City should be cloing, or how well things are gning; he also statecl that he addressed cl, tlie issue of panhandling at varipus meetings including the Publie Safety Comrnittee of the City of Council Rcgular Mccting: 1 I-18-f1K Pagc 1 of 9 Approved by Council: laRAFT Spokane, othcr organizations and entities, And that he and Mayor Munson will give another sueh presentation at tornorrow's Kiwanis mecting in i.,iberty I al:e. '`--J Councilmembcr llemt)Isev: said that she also atlended the NLC conferencc and mentioned that. Councilmember Got:lunann gave sn int.roduction to panhandling while at the conference, whieh was very well received; that she also attended the Clean Air Agency meeting where the purcha.se of t}ieir new buildinn was discussed, inclucling the work needed to bc done in order to move in; and sttid the group is preparing regulations on burning; and she reported she attended an Association of Washington Cities (AWC) training session on the topie of records arld open public meetings. CoLmcilrnember Schimmels: stated that he attEnded the Solid Wastc Liaison Board workshop a fcw weeks ago. Councilmember Ta ylor: explaincd he aCtcnded the Spokane Regional Convencion Visitor's Bureau annual meeting where he heard about the impact of the Bureau's efforts concerning our economy. De u MaYor 17enenn}_ mentioned the special S1'A rneeting whcre they are workino on the 2009 and 2010 budget, said that sales tax revenucs are clown and some adjuslments are nceded, and will likely affect future bus purchases, adding that rider fares only accnunt for approximately 25% of the STA budget. MAYOR'S 12EPQRT: Mayor IV'Iunson repoited that he attendecl a stakeholders meeting for the Tv1DL (total maximum daily load) shidy for the Spokane Rivcr, and said that he is concerned about the wastewater treatment plant and whether it will be allowed co be built; that he and others will meet this Thursday in OI?nnpia with Mr. Jay Manning, Director of the Washington State Taepartment of E,cology, to diseuss with Mr. Ivlanning the potential financial hardsliip wliich would be placed on this community i shpuld such planl not be built. lvlayor vlimson also reported he met with Judy Cole, facilitatnr for the Transpartation Group for the Greater Spokane, Ine. and they discusscd the Mayor's concern abouC the need for disbursing and collecting funds far transportation needs within the City, and af his desire to take care of our cit}' f.irst so as not to allow st:reets to deteriorate, cven if it mcans that the City could not support the North/South freewa}; tllat he also altendeci the STA Board meeting, and attended several otlter mcetiflgs where Councilmember Gothmann gave the panhandlinc, presentati0n. I'1JI3LIC COMMT\"TS: iMa)ror AZunson invited jeneral public comrtient. Ed svTertens, 13 10 N Pierce Rnad: he re:id his state.ment explaining about his previous request for an appeal to cotmcil to have a four-way stop at Pierce and Boone based nn an accident he was involved in last December; mentionecl he received hwent.y seven signed petitions fi•om his ncighbors in support of the lwo-way stop as well; that. he recently saw ri surveyor on the hill side of I'ierec who inclicated he was takinc, a grade approach reading; Mr. Nlertens said tliat he is now living near a basically illegal 1 1% grade with a stop sign on it; and when he reAd that staff is ccrosidering installing a stop sign ahead and/or steep grade sign, he said none of this would be neccssary if just rivo new stop siLms were insCalled on l'ierce aaid BoonE; and he suggestecl council come see khe problem and help the riventy-seven hnmeowmers Nvho feel as he does that such stop sign is needed. I. PUBLIC 1II:ARING: Proposed nmended 2003 Budget- ICen Thompson Mayor Munson opened the public hearing at 6:23 p.rn. and invited Finance Uirector Thompson to the podium. Mr. Thompson said the one item to amend the budget involves last winter's harsh weather which resulted in substantial snaw plowing and de-ieing; aiid Chat «fiile the amount to amend the buclget is not to e?:ceed $500,000; staff fecls the actual cost will be closer to $300;000. Nlayour Munson invited public comment; no commcnts wcrc offered and Mayor Munson closed the public hearing at 6:25 p.m. ~ Council Rebular tvlceting: 11-18-OR Page 2 of 9 Apprcived Uy Council: llRAFT ~ 2. CONSENT AGTNDA: Consists of items considered routine whiCh are approved as a group. A Couneilmember may rcmove an iCem from the Cnnsent Agenda to be considered separately. a. Payroll for pay perioc{ ending Octoher 31; 2008: $345,344.18 b. Council Regular Meeting Minutes of October 14, 2008 c. Council Study Session iNAeeting tvlinutes of October 21, 2008 d. Council Regular Meeting Minutes of pctober 28, 2008 e. Cauncil Stucly Session M.ceting tilinutes of November 4, 2008 It was ntoved by Co2dr7cilmember Wilhite, seconded, rntd ttrtanFmozrsly crgreecl 1o upprove !he consent ugendu. . NEw Busrnrss: 3 First Reading Proposed Qrdinance 08-024 Code Compliancc Amendment: (graffti) - Carv Jariskell After City Clerk Bainbridge read the ordinance title; it wa.s naoyed by Cnuncilme►nher Tuylor rmd secondetl ta udvance Ortlinurrce 08-024 to a seconcl reucling. City At/orney Conneliy explained that this ordinance contains code enforcement changes wfiich were approved by the Planning Commission; and he grafFiti explained the proposed changes to Title 7, which adds the definition of graffiti, and dcclares all o upon public or private properCy to be a nuisance. Mr. Connelly added th3t there «<as substantial work fi-om Cary Driskell, the Sheriff's Office and dhe Neighborhood Association ta combat graffiti and these changes are parl of that overall effort; and said that this includes a two-tier approach: tihat manpower Nvill be provided if the property o-vvner allows that; to abate the graffiti. vlayor Munson invited public comment: no comments wcre offereci. Thcre was brief discussion abouc ele-,ining up graffiti, and mention [hat Che majoriCy of it is vandalism; and only pcrtiaps 10% is cang relatecl. Vo1e by Acclumulivn: Jn Tavor: Untrnimoits. Oppo.sed.• None. Ah.stenliortr: A'one. ivotion carried. 4 First Retidin~Proposecl Ordinancc 08-025 UDC Code Compliance Related Orciinanee - Caa llriskell ~ J After City Clerk Bainbridge read the ordinance title, it ivas »ioved by CotarcilnremGer Tcrylor and secondecl tv aclvunce Qrdinance 08-025 to a secnntl reuding. City Attorney Connelly explainecl that this is the second half of the cocle eompliance changes amendina sections nf 1 itle 19 to malce it compliant and consistent with the Comprehensive Plan. After vir. Connelly explained the proposed changes, A'IIlyOP Ivlunson invited public comment; no eommenCs were off-ered. Vote by Acclairtatron: In Favor.• Ununintous. Opposed~ A'o»e. Abstetttions: None. evfotioti ctrrrietl. 5 Firsl Reading Proposed nrdinance 08-026 for Cocle Amendmcnts - ChrisCina Janssen After City Clerl: Bainbridge read the ordinance title, it was moved hy Cozrncilmenrher Ttrylor and ,ceconcled tn nclvnnce DYCIIIICIl7CC 08-026 tu a secarid readinp, at the 1.7eceniher 9, 200$ Counci! nreetirrg. Gonimunity llevelopment: Director McClunn explained that slie will be removing the residential lighting standards from this batch amendment and send that back to tlle f'lanning Commission, as the way it stands herein peoposed, it could pose a problem for eveiy street light and there are no exccpt.ions; she further explained that one of our Code Compliance Officers and T3uildinb Official Mary Kate McGee tested different neighbnrhoods ancl diseoverecl that aImosC all lights Would trigger this; and said we neetl a measurable standard; that she spoke with Mr. Trabun who initially brought this to Council's attcntion, and he uncierstands thc situzjCion. tlssislant Planner Janssen then esplained the proposed changes and history of the proposals via her Powerl'oint presentation. City AttArney Connelly added that Chapter 1930.030 #7 was removed as it was unnecessary because it was determined that this was simply a re-statement of existing state law. Mayor Munson invited public comment; no comments were offered. Vote by Acclamrrtian: In fi'avor.• Unnnimous. Opposed: Alone. AbSt2771!!lY1S' 1Vone. MOt10n CUl7'ICCI. 2008 Budget - Ken Thomnson 6 First Reading Proposecl Orclinance 08-027 Amending ~ After Ciry Clerk Bainbridge reatl lhe orctinance tiele, it was moved by Cotnlcilmenrher WiJhite and secvnded io udvunce Ordiirunce 08-027 to a second reuding on !he DECember 9, 2008 Couricil agendn. Finance Directar Thornpsqn explained that this is the first rcading to amend the 2008 budget, and as Council Itegular Meeting: l I-18-08 Puge 3 ot9 Approvcd by Council: DRAPT explained earlicr is necded in order to pay for street maiiitenance from January and Fcbruary's harsh - winter: and that the maximum amount lo amend is $500,000, while the espected actual amount. is ~ $300,000. Ivlayar Ivlunson invited public comment; no comments were offerecL Vote byAeclamatiorl: bi Fcrvor: Unanrn:aus. Dpposed: Afane. Abstenlions: Nvtre. Afolion crnried. Maynr Munson called for a five-minute reccss at 6:57 p.m. and reconvened the meeting at 7:05 p.m. 7 First ReadinR Proposed Ordinaiice 08-028 for Strcet Vacation STV-02-08 - Lori I3arlow After City Clerk .Bainbridge read the ordinance title, it ivas moved by Cotmcrlmember 74rylor and secorrded tv udvrnace the ordinartce tv u second reading at a f iture city cotcncil ineeting. Associatc Nlanner Barlow went through hcr PowerPoint explaining the history and location of the proposed vactilion. vls. $arlow stated diat because the Planniny Commission`s vote on this street vaeation resulted in a tie, there is no Planning Commission recommendation; however, staff' recommends denial of the request based on the findings stated in the R.cquest for Council tlction form, i.e.: (I) the ehange of use or vacatian would not hetter serve the public because the street is needed to provide access for the full clevelopmenl of the property; (2) the serect is necessaryj for public use and public aecess becausc develnpmcnt is undenvay to improve approximately 250' of S`h Avenue to provide access to a residential lot; (3) a substitution of a nevv and different public way would nol be more useful to the public because residenlial development is undeiway that uses 5`~ Avenue for access and 54' Avenue should he continued to provide access for inf II development; (4) eonditions may change in the fithire <<s to nrovide a breater use or need ttian prescntly exists because infill developrne•nt of the large lots acljacent to the right-of-way is anticipated and supported by the Camn Plan; tincl (5) no nbjections to the vacation were received from property nwncis, the general public or agencies with jurisdiction except the City's Public Works Deparkment objeeted based on the plan to improve the wcst portion of 5`h Avenue extending from Prqgress Road to the west boundary of parcel 45231.1508, should those properties develop; and she said , ~ that this property (Lot 1 and Lot 2) received preliminary approval as a short plat, and part o1' those cpnditions of approval is that in order to provide access to Lot 2, they are required to construct about half- width of S"' Avenue from the intersection af Progress Road up to the lot; therel'ore, developmcni is tmderway which rclies on 51h Avenue to provide access. She also mentianed that 6'h Avenue provicles access to Lot 1; while Loi 2 has no access iind is propnsed as off 5k' Avcnue, and that i ot 1 is pai1 of the short plat which is a two-lol shoit plal. Ms. Ba.rlaw mentionetl that an objection was receivcd from the owner of a property which faces 6~", which is noi an ldjacent property; but ii was that property owmer's opinian that we should mlintain S'h Avenue right-of=way to eliminate the need for the traEfic to access 6'h to the potentially developed properties. Ms. Barlow included the rcview criteria that Council must consider in order to grant: a vac<ltian, and further stated that during the Planning Commission het-Lring, public testimony was taken from Arne Woodard on behalf nf the applicant, and that Ivlr. Woodard is herc tonight as well. Planner Barlow also mentioned the c4nstructed house locateci on the west encl of 5°i Avenue; she further explained that Public Works noted that they mel with the applic:ant previously, about a year ago to discuss the potential for a possible development in the area, and at thac t.ime; Public Works told the applicant th9t they would suppor[ the connecl.ion of St. Ctiarles from 61h Avenue up Co 4`N Avenue so long as 5`h Avenue provided the eastlwest connection from Progress up to that point where St. Charlcs would connect; and said these were all preliminary discussinns as there was no application to support thAt; and that tonight's request is a request to vacate nearly 300' of S'h Avenue; ctnd she said that if this reyuest were to be grantcd, some provisians would need to be made for the hirn-around of 5`h Avenue where it dead-ends. vlayor Munson asked wfio gave the approval to build the home currently in the right-of-way; and Ms. Barlo-%v said she believes fliat was ci recent development within the last few years; which was a buildin- pennit approved by this City; but tliat the right-ot-way was not in place so it was the opinion at the time ihat we did not have the abilicy to deny the building permit; and mentioned that the house does present an obstacle to connecting 5`h Flvcnue from Progress. City Attorney Connelly mentioned that there was no Council Re.gular Meeting: I 1-i 3-08 Page 4 of 9 Appmved by Council: DRAFT i- ~ right=of-way there; that that right-oF wdy had bcen vacated prior to Spokane Valley beeoming a city; there was a building application Nv}hich was applied for antl it was nqt to build on the right-of way, but to build on what at one time may have been a right-of way bul wasn't at this time. In response to Councilmember Taylnr's que.stion of why lherc would be right-of-way going casdwest along 5"' anc1 not right-of-Nvay theough St. Charles going north/south; and Vtr. Connelly said that we inheritcd this; Fuid in lookinr* at a map of our city, the laek of connections bettiveen streets is prevalent throughout the city, which is because roads were either never declicatcd, or were vacated. Coumcilmember Taylnr mentioned that most timcs when a vacation reyuest is received, it is in eqnjunction Nvith pending development, hence the need fnr the vacation; aiid that normally a plan or map showing vvhy a vacation is needed is suppliecl, but he said that is not the case with this and Council has not seen those documents. Planner i3arlow responded thnt staff knows conceptually the proposal was for a 14-lot subctivision, but the pre-application conferenee was over a year ago, ancl at this tirne; it wasn'C appropriate to bring forward an application as it was never submitted; and again stresseti that kiicre is no binding application at this point, which makes this a stand-alone street vacation request. Councilmember Taylor said that the request can be made as a pre-cursor to an application; but that Council is still being askecl to make a jlidgment on this propnsal, but Council doesn't know the full proppsal and how il will look, including nceded accesses. Mayor Munson asked if Council decides to deny the vacation, and the applicant moves forward to develop the fourteen lots, does that mean the denial ends the ability of the developer to procced with development? Attoniey Cannelly said there are a few ways to address this: (1) if Council denies the vacation and a preliminary plat application is subsequently submitted, when such is actually submitted, staff will recommend certain concfitions, one of which may be that a road needs to be canstructed, or tllat connections be made, or t}iat vacations occur; antl adcled that ►nany preliminary plat applicatinns have conditions of approval to vacate a road in order to Nut in 1 new rnad; or (2) ajiother way would be to condition a vacation requesC upon certnin things occurring prior to finalizing a vacation, one ~ of which could be the approval of a preliminary plaC or the cstablishment of a roadway or having certain conncctions; and he addcd that he feels the applicant will likely discuss his future plans during comment tonibht, but until an applieation is received, iincl spceific conditions cai7 be cited, what will happen with this property is an unknowm. Thcrcfore, if Council were to dcny this vacation request, Mr. Connelly said it would not prejudice the development of this property; as it would simply comc back to Council later as a petition to vacate as part of aprelirninaiy plat; and Mr. Connelly said that Council can make it clear that any such clenial would not Yae prejudicing the applicant's ability to apply in the future. Planner Barlow said that the devcloper feels il is important to the project to vacate the eight-of-way, this properry has numerous development options; that cnllectiwely the pieces owned by Mr. Elliott provide a large sice and il could be divided into parcels consistent with R-3 zoning, which would front on R-3 and allow it to be clevelaped. Mayor Muiison invited piiblic coinrnents. Arne Woqdard, 2511 South Best Road (distribute(i piciures to council): Mayor Munson said he woulcl allnw Mr. Woodward more time than the traditional three minutes since he is the applicant. Mr. Woodward stated he is the proponcnt for this proposal; said he is and has been a real estate broker far the last fottrteen years; he said this request is because they were lold they must vac3te the area before submitting a preliminary application; which makes them feel as if they are in a"catch-22" positioa; that they have followed staff-s dircctions and in doing so, have lost a year's time at the cost of about $35;000 in interest to Mr. Elliotl; w}io has built ancl/ar re-built several propeities in lhis City; and who has well- maintained rental propertics; he said when lhere is over $1 million tied up in these site improvements and initial purchase, and you end up with about S700,000 to split rivelve of the fourteen lots, even with the complete vacation of 5"` Avenue, it doesn't wrork out, as even at $65,000 a lot as a finished buildable lot, it leaves no place for profit on the lots; but as it sits now, it will be appro:cimately $58,000 for a buildable ~ lot with going from 6`h to 4d' with a slreet that jogs; and he said /his plan will result in a neighborhood connecting to ancl co►nplimenting another neighborhood; thus giving connectivity and dual excess and no dead-ends; and thus will not end up wit h "six foot jung le fences al l t h rough t his an d t h e r e f o r e n o Council Rcgular N4eeting: 11- 18-08 Pflge 5 vf 9 Approved by Council: l)I2.AFT neighborhaod;" he said he has no financial interest in this projecl other than bc.ing Mr. Elliott's real estatc broker; as Mr. EIliott is the owner; and he said the inlcntion of going from 4`h to 6'h is to try to keep the traffic t1ow away trom areas where it could impact other families and oeher properties, I.hus this proposal will create a neighborhoacl where kids can play. Mr. VJoodard explained the pictures he distributed: nicttire # 1 is on the east end of 5`h stlowing the half-encl access off the back of a lot; picture #7 is the front side pf this properry showing lnts of access past the house, and that therc are hvo ways into this property; picture #6 is from 5"' Avenue looking back into the pmperty; and qicture #2 shows the area coming fram 4'h ; picture #A shows Crestview and a"hammerhead" configuration; pictures 9and 10 show the kind of affordable housing Mr. Elliott builds, which are estimated at under $200,000 cven with the espensive lot cost. Mayor Munson asked Nlr. Woodard if the reason for the delay in getting the preliminary plat started was because he was tolcl die vacation must be approved ancl Mr. Woodard stated it was. Breol Flliott, 3306 W. Bruce. Snokane, 9920$: stated that econotnic feasibility and desirable neighborhoods are fwo issues to reanember witM this propasal; he explainecl that if they sCart to cut into the neiahborhofld as proposecl by Nis. Barlow; he will have to take away lots; «<hieh hurt.s him and the city by lack of real estate taxes and by not havinD a nice neighborhood; anef that his neighborhood is de_sirable, and close to just about everyihing. John DeLen 1420 W. Lake Shore Drive, Whitefsh, Montana, formerlv of Saokane Valley: said he has worked with Mr. EIliott for the last four years on this and olher projects; that he is a Washington licensed civil engineer; he showEd a poster board depicting the pffset of Sc. Cliarles and their proposal of t<iking it from 6" to 4 it provides conneetivity to the adjacent nEiahborhoods, provides a looped fre system, and will have the maximum infill possiblc in that area; that 5`h coulcl never be cnnstructed all the way through eiue to the ex.isling home; arid this plan provides one of t}le best alteriiatives for this arca; he agreed they were asked to do thc vacation first prior to putting in their proposal; and said that Mr. EIliott has lost a year; and in reference to what Iv1r. Connelly previously said, Mr. DeLeo su ggested Council eonsider a conditional approval of the vacation conditioned that the preliminary plat being constructed as shoHm and as public wrorks suggested with SC. Chlrles goina ttirough, rather than set this back further. Charles McVey, 15116 Fast 4`h Avenue: said he would like to sec 5"' vacated ttll together; that tibout six manths prior to the City incorporating, the County almost gave them t'hat. 5'h Avenue back, it was going to vacate it and let them have it back as citizens, Councilniember Taylor questioned who would be harmed by lhis vacation; he said that we have a development proposal which pmvides eonnectivity; and said he doesn't see the practicability of denying the vacation; Councilmember Gothmann asked Ms. McClung if the vacation must be pre:cedent to submirting the plat, and Ms. N1cClung said she would not be able ta answer ehat nrnv as she would need to research who rnade the comment ancl why. Couneilmember Goehmann explained t-hat Council could either ticny the vacation, that an arpropriate plat plan wrould be submittecl itIcluding the vacatiqn, and then woulcl come before the 1'lanning Commission or Cnuncil; or Council could approve the vacation canditioned upon receipt of 1n accepcable nlat plan; and he asked if it would be a reasonaUle process to deny this but leave the petiCioner the option of coming to stnff with an acceptable plat which may inclicate he has to vaeate,; and Ms. McClung said she would ne.ed to perform some research as this is a new situation; and since screet vacations go to the Planning Commissian and then Council, and subdivisions dan't, it iiiakes it awkward. City Attorncy Connelly cxplained lhat there are two separate ancl distinct acts in play: the preliminary plat is applied for, and staff recomrnendatinns arc made and it goes to the Hearitlg Examiner for approval consideration, with or without conditinns; but that a stireet vacation is donc per State Statutc by going . before the Planning Commission for public hearing thcn to Cnuncil; and he said the timing of the two is ' controlled by the applic•ant as to which one he applies for in his owii timing, antl both independent. actions Council Reguiflr ti-teeting: I I - 1 Ei-08 Page 6 of 9 Apprnvecf by Council: llTtAN"Y eiin be conditioned upon the other action if CoLmcil desires. By way of disclosure, Councilmember ~Gothmann stiid that ane of the photos he has shows his datighter's hnuse. 17eputy Mayor Denenny saicl that we are consistcntly tiying to fi.nd more areas tA infill and he feels infill is de,sirable; and from the viewpoint of affordability, if sameone is willing Co ctevclop infll, the mechanisms shnuld be provided to accomplish that; therefore he fecls it reasonable to have the north/south connection and have the additional lots and vacate the property. Councilinember Dempscy voiced her agreemenl with Councilmember Taylor, a.nd said she sees no harm by this vacation; provided such approval is macle conditionally upon submill;al of appropriate plans. Mayor Munson said it appears to him that there was a lack of communicatinn i.n Chis process; that one party was not awarc of the possible Cwo ways of handling this as per vir. Connelly's explanation; and if that information was available at the be?inning nf this process, we likely Nvould not be looking at this now as it would likely have gone to the Hearing Examiner; and he expressed his concern with the time it has tal:en for this proposal to gel this far; that we should not takc a year to get a p13n approvecl t:hat could have bccn approved in three or four months or less; and said he feels this vacation should be approved conditionally; thlt an approved plat plan shoulct be dcveloped that WoLild allow the vacation to malce morc sense then currentl_y proposed, and that Council can see the way the plan will be dEVelopcd; and he reiteratcd dhat one of the reasons we went forward with a basic restructuring of our permit deplrtment was to avoict t:hese kinds oF things, and it appe<trs had the cui-rent structure been in place it Nvould have accui-i•ed. Coumcilmember °laylor acldcd that there are alher variables involved; that a project idca was brought to staff and staff disagreed witli how this should proceed based upon the need for a vacation of riLht-of'-way; that staff brought forward thei.r objcctions to this and therefore, it appears staff would not have approved lhis application; so the option for the applicant is fo request a vacatinn and put in the formal application onee such vacation is completed; and if the applieanl wa..s denied the application, then O dhey would be forced to alcer the plat; and we don't Mo~~+ ~vhen the street vacation ~~~as actually applied for by the applicant. Mayor Munson said we know that the preliminary plat was submitted a ycar ago. City Atlorney Connelly stalcd that there has beEn no application tor a preliminary plat; there was a pre- devrelopment meeting, and that staff holds hundreds of those t:hat ofteii never tttrn into anything; and stresscd there llas been no Application yet for a preliminary plat. T'lar►ner Barlow stated that in the fite, there is a memorandum from the clevelopment engineering clepartmcnt to wlioever attended th3t pre- applieatiori rneeting, which memorandum is datcd December 14; 2007, states that "Development Engineering has reviewed the preliminary site plan submitted for the abovc referenced project. We will not reeommend vacatinn of 5'h Avenue and can thus proceed no fiirt.her with review of the plan as currently drawn. Plcase provide an updated site plan with all nece,ssary requirements. 1We will be happy to review it thcn." P1liiner Barlow continued that was when those discussions went forlh concerning the support of the Extension of St. Charles with the continuation of 5'h connecting into St. Charles; and she said to her l:nowledge, there has been no further information brought forwv'd. Councilmember Taylor added that he daes not see staff being obstructive; tllat this was an alternative, and feels everything has bee.n done properly. Councilmember Gathmarin suggested the vaeation move forward. 'Mayor Munsnn asked dhen if Council approves the vacation eonditionally on having an <<pprovcd qlat plan, would the plannino department be i.n aposition to move fonvard ancl assist die developer in develnping the northlsou[h street; or ~~~ill staff continue tc~ stnte the need to keep S~' Avcnue? V1r. Barlow said that would depend upon Council's clirective; as if the directinn was to bring farward an acceptable plat, then it would still be the continued recommendatinn from public works that 5`h conneet into it; but if Council direcCed toward the Hearing Examiner, then staff woulcl proceed in that direction; anct said that anything over nine lots would still require review and approval by the Hearing Examiner; so stiiff would simply be making a recommenclation in that regard. Mr. Connelly said dlat once Cnuncil has deterniined ~ its path, stail' ean craft the ordinance accordingly; imd reminded everyone that a screet vacation is a legislative xet and once done it is done; uut there Can be and often are conditions which accompany street vacations; keeping in mind 1-learing Examiner processes are separate; and he reminded Council that the Council Regular Meeting: 1 I-18-08 Page 7 of 9 Approved by Council: DRAFa' current ordinance still necds refining prior to final adoption. Depuly Mayor 17cneniiy mentioned that lhe ~ development west of 1'rogress does not have a thrnugh street, and this proposal woulcl include connectiviey, and t6eref'ore he sees no reasoii not to approve that. The consensus of Cotmcil was to have an ordinance simply approving the street vacation. Vote by acclamation on the motion to advutrce the ordinunce to a second reatling at a firturc city couric•il meeling: hi Favor.• Uitaiiimnzis. Opposed: Nar7e. Abstentions.' Norte. Motiot? carriecl. 8 Proposed Resolution 08-021 Amending Fec Resolution - Ken Thomnson After City Clerk Bainbridgc read the Resolution title, it wtis moved by Councilinember Got{imnnn rnrd secoitclecl !o tipprvve Resolirtiot7 Os-Ull setting fees for 2009, finanee Director Thompson cxplained that tlie last time this was discussea, he was askcd to bring back more information on how fees changcd over the last five years, and how our fees compare with City of Spokane and Spokane Cotmty. Mr. Thompson thrnuah his 1'owerPoint presentation, showed the fec comparison with Spokane County ancl City; and showed those fees which have changed over time. Mr. ThompsAn also mentioned that two issues at hand arc, does council desire to charge for ttie pre-application mceting and if so in what amoLmt; and does council want td have an inflationary increase throuahout all fees. v'Ir. Thompson brought Council's attention to the few sugOested revisions to the resolution, mentipned that most of the building department changes were rnerely re-arrangin€ the items from one page to another; menlioned the hwo subdivisions with higher stAnnwater f'ees as those subdivisions have holcling ponds; removed the fax fee, coiTected the $7.00 item on page 9 to $7.50; mentioned that the $30.00 picnic shelter fee was felt tp be too low; and mentioned the new time extension fee. Mr. Thompson also mentioned as was re-stated by Fire vlarsha11 Kevin vliller, that the Fire fees have bcen in place sincc 2003, and lhese new fees represent today's cost. Discussion foeused on the prc-application fee with mention that if the meeting is reyuired why should it also require a fee; that cost recAVery is necessar}; anci the process is needed in order to streamline the process ancl e:liminate wa.sted time. NIs. McClung said thaC there is no question that a pre-apnlication meet.ing needs to be taken seriously by both parties; and it will save time on bot:h the developerlanplicant's end as well as staff s, lhat some members of the public complain when they don't reccive good fee.dback; antt the reason Fur the fee is, if you pay a fee, }eou take the process more serious; and that it is mone}' Nvell spenC as it usually involves spencling more time with a traffic enaineering, civil engineering, pli►nning and bLiilcliiig which all taRes at least an hour to prepare; and she suggested charging for it but subtracting it fi•om the application fee. once that is submitted. Council concurred witti that SUgpeStlOll. Rcgarding an across the board inflalionary increasc, Mr. Thompson stateel thae the recommendeci level is 10% although costs llave increased approximately 16"/o each year. It was COLl1TClI'.s coiuensus after discissirtQ the lvpic that sttiff ti+°ill onlv aclt! S% to fees not incre.ased since 2003: and lhat there ivill be a natntion incltide.d an the fee resolution cattcernirrg the pre-al2plicaFior2 fee Ijein appliecl agairrst the qpplicntion fee once submitted. Ivlayor Munson invited public comments. Etlie Streicher hatl initially signed up (and submittetl written comments) Co speak, but conc•urred wieh Ms. y~icClung's suggestinn f'or the pre-application fee. Diclc Behm 2405 East S ra Tue: ►nentionecl there is no allowance for the size of the project, and he feels Council is niekel and dimirig people to death; that a permit costs about 5% of the c4st of his project as he's not cioing a big projeet, and hc therefore feels there should be no fee. Councilmember Gothmann withdrew his motion to approve R.esolution 08-021; and it was deternlinecl that staff will make the necessary ehanges and this item will be brought back at a fiihire eouncil meeting. \ ~ JCuuncil Regular N4eeting: 11- I 8-03 I'age R of 9 Apprvved ljy Council: llKAFT PUBLIC COMiNLENTS: Mayor Munson invited general public commcnts. Harry Sladich President Saokane Repiona] Convention & Visitar's F3ureau: in reference to the Lodging `Cax Advisory CommitleE reeommenclaCions, he expressed his thanks to Council for their support, 3dding that this is a difficult task especially this year with sn many reductions in revenues; and he mentioned some reeenl training of his staff to help better answer questions Qf what is there to do in this region. DELIBERATION: 9 SpraQue/Appleway Revitalization Plan - Scott Kuhta Mityor Ivlunson announced that in the interest of time, this iteni will not be discussed tonight, but noted it is set for the December 2 study session, with only one other quick cigenda item prior to that deliberation. Mr. Kuhta said that tonight's plan was to discuss nonconforming provisions so staff will start with t:hat next time; and he asked if Council has any questipns ar would like staff to follvw up on any item, to plcase let him {:now; and he also mentioned he has copies for CoLmcil of all the 1'lanning Commission tninutes where they deliberatecl on the SARP, and that staff is organizing lelters i.n order to iclentify wMich le4ters pertai.n to whieh issue. AUMINISTRATTVF RFPQRTS: 10 Lodginiz Tax nclvisory Committee Recommendations - Councilmember 1'Vilhite Councilmember Wilhite said that the outcome oi' the discussion with the c.ommittce is as shown on the at:eachecf clocumcnts; and said that Administrative Assistan[ Sue Passmore has all the <<pplications if council wants to revieev the grant applications; and in response to a questiai concerning the lacl: nf funcling to lhc Winer_y, CAUncilmember Wilhite said the cnmmitlee members decided nat to alloeale funds since the winery is a for-proft and because of the needs of others; and added the comrnittce learned that the Ivluseum had bcen sending out brnchures to various agencies but without paying a"rack fee:" any - brochures plac.ed in racks were discarded; and that severil eommitl;ee members will be meeting with ~ Jayne Singleton t:o help her re-design the brochure in order to disseminate the in.fonnation at a lower production cost. INFOfZMATIO\` QNI,Y: The follnwing items were for itforirration orrly arrd were riot reported on or discussed.• Response to Prcblic Comntenls, Pipeline Franc3iise, AAA S~veepirrg Services Update, CiN Ha!! Design Services. EXECU 17Z'E SESSiON: n!a '1'here was brief diseussion about having a CoLuicil meeting next week, but DAayor Munson said he feels staff is not prepircd at this short notice; Councilmember Wilhite added that the week has been traditipnally taken of=f; wid she sees nn harm in delaying the SARP clisc.ussion; follu.<<cd by comment from Councilmember Dempsey that the "no meeting" has been on the advance agenda fnr several monchs. Deputy Mayor Uenenny mentioned that while at the NLC Conference, he spoke with represeotatives frqm Lakewoncf Coloracfo, which has situations very similar to ours concerning re-development, and he encouraged others to visit that eity's Nvebsite. There being no further business, it was tnoved by lleputy Mayor Deneimy, seconded, and unanimausly agreed lo adjourn. The ►neeting adjounied at 8:5$ p.m. ATTFST: Richard Munsan, vlayor Christine Bainbridge, City Clerk Council Regulsr Meeting: 11-18-08 Pflge 9 0C9 Approvzcl b}' Council: DRAFT MIlNUTES CTTX OF SPOKA~\`E VALLEY CITY COUNCIL STUDY SESSION Tuesday, December 2, 2008 Mayor Munson called the meeting to order at 6:00 p.m. and welcomcd everyone to the meeting. Present: Councilmembers: Staff: R.ich Munson, Mayor Dave Mercier, City Manager Dick Denenny, Deputy vlayor Mike Jackson, Deputy City vianager Rose Dempsey, Councilmember Mike Connelly, City Attomey Bill Gothmann, Councilmember Kathy McClung, Communily Devrelopment Dir. Gary Schimmels, Councilmember Rick VanLeuven, Police Chief Diana Wilhite, Councilmember Mike Stone, Parks R Rec Director Scott Kuhta, Scnior Planner Abseitt: John NTVhitehead, Human Resources Vlanager Steve Taylor, Councilmember Carolbelle Branch, Public Information Officer Bill Miller, IT Specialist Chris Bainbridge, City Clerk It was moved hy Cotmcilmember Wilhite, secanded rnrd :manimottsly agreed lo excuse Coimcilmember Taylor fro»i tonip,ht's meeting. ~ ACT16NiITEIVI (added agerrda item) ~;MotionlConsid'eration:~Holid'avcClosure~r~nproval?=,JuNntWhitch~ead If tivus moved by Councibnentber Gothntrntrr and secortded tu close City Hall Friday, December 26, 2008, for the entire tivorkday, und to remain apeil for the entire workdtry Wednescluy, December 31, 2008. Human Resources Manager Whiteliead reported that last year Cotmcil approved closing City Hall the entire day Christmas Eve, which was a Monday, and to remain open thc enti.re day New Year's Eve; and he asked for Council's consicleration in closing Ciry Hall on Friday, December 26, 2008. Mayor Munson invited public comment; no comments were offered. Councilmember Qempsey asked about the rationale for staying open on New Year's Eve, and City Manager Mercier said that in previous years, many people travel for the Christmas holiday but many do not leave town for the Ncw Year's holiday, therefore we would be able to provide service thronghout the day on New Year's Eve. Vote by Acclamatian: In Favor: Ununiirious. Opposed: None. Abstentrons: A'one. Motion curried. REGULAR STITllY SESSION ITEMS: 1 Smart Routes - Eve Nclson. Snokane Regional Trfinsportation Council (SRTC) SRTC Senior Transportation Ylanner Eve Nelson explained that Smart iZoutes is the Spokane area's plan to signifcantly increase transportation choices for walking and bicycling by mal:ing safe,r and more convenient trails, sidewalks and bike facilities; Lhat in 2007, the Rails to Tails Conservancy (RTC) invited the Spokane area to participate in their n3tionwide effort to double the active transportation spending in the next federal Transportation Budget, and as part of the doubling, the RTC envisions a$2 billion dollar program serving at least forty commuoities, with $50 million per community over siY years, to promote the gowth of biking, walking and connections to transit. Ms. Nelson explained that the Smart Routes plan will add fifteen miles of sidewalks to connect people to transit; employinent centers, shopping destinations, schools, and entertainment; that it will complete crucial gaps and remove hazardous crossings along the Centennial Trail, will complete the Fish Lake Trail section closer to Spokane, will install new bicycleJpedestrian bridges to increase connections and safety, will extend and connect active transportaiion faeilities with under-served commuoities, and will implement education and Stucty Session Meeting Minutes: 12-02-08 P~,ee 1 of 5 Approvcd by CounciL DRAF7' encouragement programs to increase walking and bicycling; and she showed a map of the proposed Pro.1ect tYPes. vls. Nelson said SRTC is asking for suPPort from SPokane ValleY to helP create a regional . voice in their collective efforts lo malce this request at the federal level; ldding that the future of this project is to eontinue their outreach to businesses and others, and confirmed that the krail will be wlieelchair accessible with a five to eight-foot wide gaved trail. ln response to question concerning why have the trail run paralle) to the Centennia.l Trail; Ms. Nelson said there are some river crossings on the Centennial which prohibit access to schools on the other side of the river; and also in respvnse to question, she noted that once the pavement is in, other grants will be sought to cover the maintenance and operation; including the question of police patrolling; and that lighting for safety will be an issue addressed during the design features section of the plan. Ms Nelson also mentioned that the focus on this tra.il is to serve a trip purpose rather than a trail strictly recreational in nature; and that they would appreciate a letter of support from this Council for dlis progam. Ivlayor Munson askcd if there was a time constraint; and Ms. Nelson replied that there is none. Mayor Munson said that Council will add this topic as a future topie of discussion, and Council thanked Ms. Nelson for her presentation. 2. SpragueJAnple-tvsv Itevitalization Plan - Scott Kuhta Community llevelopment Director McClung explained that tonight's deliberation session will include revisiting Section 2 Orientation; review of staff's comparisons of current devclopment projects with the applicability section of the proposcd development regulations; review of our adopted non-conforniing regulations compared to other cities; that staff will also present an overviecv of the Spokane Valley Chamber's presentation of the conecpt redevelopment; and then Council will begin deliberations on specific requests fnr individual properties. As a visual aid, Ms. 1V1eClung displayed "easel pad post-it- notes" showinD the goals for tonight's meeting, i.e. (1) Nonconforming issues; (2) Short review of how the plan works (examples from Chamber of Com.merce); (3) I3oundaries of the plan (individual parcel requests); and (4) District zones; and for Council's quick review, the large easel post-it notes also displayed the de.finition of "Nlew Construction" i.e. New Constraction: defined as an entirely new structure or the reconstruction, remodel, rehabilitation or expansion of a building costing more than 50% of the assessed or appraised value of the ex.isting structure and land. Ms. McClung also explained that nonconforming uses are legally established uses when the code was originally adopted; and she said that since tben, there have been code changes and thesc rlonconforming uses deal with the physiaal part of the development that might not meet the code, such as setbacks. Ms. McClung explained aboul nonconformine uses and rebuilding after damage, and she compared what we 1re proposing to other municipalities such as the City of Spokane (which she said was not helpful and was difficult to compare), the City of Kent and Pederal `Vay fls they are sunilar to our ciry's size, and the city of Liberty Lake; and that she founcl dhat w6at we a.re proposing is more generous then what others are providing [see attached copies of 1'owerPoint slidcs for examples of projects and comparisons]. CounciUstaff discussion i.ncluded mention that a nonconforming provision generally is for one vear tuid that property owmers may replace a nonconforming provision with another nonconforming provision under certain conditions; other eYamples of what could or could not be allowed with nonconforming uses including expansion onto an adjacent parcel if such were under the same ownership; appraisa] methods and assessment methods versus market value, including mention that not everyone cF►n afford an independent appraisal; that Federal Way code has "assessed or appraised value -►vhicl:ever is greater" und that such would be beneficial to the property awner; arrd of the desire to nzuke such clariftcaiion in our plan. Continued discussion of nonconformin- uses and erample_s resultcd in Council consensus to accept the changes to the nonconforming use dcfinition, and to accept the definition of new construction. Council also Asked if staff could keep updating the website once aonsensus has been reached on various points; and Mr. Kuhta replied it is possible, but difficult to keep updating the website until the Council recommended full draft is ready for further public review. i Study Scssion Meeting Minutes: 12-02-08 Page 2 of 5 Approved by Council: DRAFT In an effort to further clarify the development standards, Mr. Kuhta then reviewed those standards and the mechanisms of the code; including the various site development regulations, street and open sgace regulations, parking regulations, architectural regulations, and signage regulations, and reviewed how those development regularions are set out including the various charts accompanying each section; whieh resulted in Mayor Munson asking staff to develop a FAQ (Frequently asked questions) list for the public because many have e:cpressed that the plan is con.fusing to read and complicated. Communiry Acvelopment Director McClung added that once the plan is implemented, there will be informadonal handouts explaining the processes, and what is and is not allowed, which will be beneficial to staff and to the public. Mayor Munson called for a short recess at 7:26 p.m., and reconvened the meetina at 7:35 p.m., at which time Mr. Kuhta reviewed tlie Valley Chamber's presentation; followed by discussion on individual letters concerning property issues, with the following results: 1. Scotts property - no consensus to leave this in the plan or take out; this will be discussed again when full council is present 2. NishAmora - not in the plan 3. Valley Best Way - keEp in plan as that business can continue as it is grandfathered 4. Ruby motors - come back during the "use" discussion 5. Grafos property - extend nonconforming south across Sprtigue at approxi.matety vloore (confirm at boundary discussion); everything east keep eaisting zonina, There was also discussion on rights-of-way, the need for ] 00' as rcquired by the comp plan; the need to have zoning consistent witli the cvmp plan, adjacent properties and future developments; discussion on vlr. Kuhta's handout specific to address the neighborliood ccnters and how they vvere identified and C) developed, mentioni.ng we are irying to get away from strip-retail and have more compact centers; mention of mnving the neighborhood centers and the impact that might cause; and that pre-located streets will be a separate discussion on the regulations proposect and when that is discusscd, Public VJorks staff should be included in that diseussion. 3. AdvAnce Aeenda - Mar-or Munson City Manager Mercier mentioned the winter retreat is scheduled for Monday, 7anuary 5, and will include the legislative agenda and that we wil] compare our legislative agenda with legislaxive agendas ef other entities ta get a sense of what ever}rone in the regional wants to accomplish. 17eputy Mayor Denennp mentioned he has an article from CH2M Hill regarding the 7MDI. and the Ut1t1, and shnuld any councilmember wish a copy, to please let him kiiow. Mr. ►viercicr a]so mentioned that fuiother element is being added to the legislative agenda; that of fuel purchases; and he briefly explained about his visit with Senator McCaslin concerning the proposal to consider adding gasoline and diescl fuels to the list of commodities bought via a State bid, and the idea that all the cities, counties, schaol districts, and other spec.ial purpose districts be granted access to the liigh volume discount cost per gallon; which sliould result in reduced operating expenses and lower costs for all due to the high volume bid purchasing and lawful relief of federal fuel tax expenses. 1vlayor Munson mentioned thc upcoming Planning Commission appointments, and said we received fourteen applicatioos, and he askcd that Councilmembers givre him their recommendations prior to the end of this week. 4. InformAtion Onlv: The follolving agenda items were for fnformation only and were rtoi reported or discussed: Contruct updutes for Senske and YMCA Aq:ratics, 7'rmtsportation Benefit District llpdate, Druft Memorandum of Understunding, Prosecutor Services, STA Funds regurding Intersections, Spokcrr:e ~ County Library District Third Quarter Report and Depurtmenl Reports. Study Sessioa Meeting Mi.nutes: 12-42-08 Page 3 of S Approvcd by Council: DRAFT , 5. Council Check-in - Mavor Munson. \`J Mayor Munson mentioned several upcoming meetings: December 10 meeting where representatives from Spokane County will discuss the waslewater trestment plant; and said the meeting is scheduled for 9:00 a.m. to noon likely in the County's Human Itesources meeting room. Decembcr 11 meeting with stakeholders and EPA and the DOE to work out the details of concerns; that the EPA will hold a press conference in the mornine, and the post luncli session w'ill l.ikely last several haurs. lVlayor Ivlunson said he and others meet with Jay 3Vlanning of the AOE who indicated they want to work with us; and Mayor Munson said that he asked the staie legislators to put some polirical pressure on this issue as an entire Counry should not be shut down based on unachievable rules. Councilmember Gothmann asked about the financial projection for sales tax and Mr. Mercier said that the figures we received arc about riwro months behiiid the sales transactions; and thst last week he was alerted to the SepYember receipts, which were approximately $200,000 lower for Scptember; but that we have budgeted reserves, and the 2009 budgct is balanced. 6. Citv 'N1anager Comments - Dave J1-Tercier - N/A Tilere being no further business, Mayor Munson adjourned the meeting at 9:00 p.m. ATTEST: Richard Munson, M. ayor , . Christine k3ainbridge, City Clerk ; Study Session Vfeeting Minates: 12-02-08 Page 4 of 5 Approvcd by CounciL- DRAFT NOTE-S FROri EASFL POST-IT `STICKX NOTES" New ConstrucNon: defined as 3n entirely new structure OR the reconstruction, remodel, rehabilitation or expansio» of a building costing more than 50'% of thc assessed or appraised value of the cx.isting structure and land. Tonieht's Goals 1. Nonconforming issucs 2. Short review how plan works (examples from Charnbcr of Commerce) 3. Boundaries of plan (individual garcel requests) 4. District zones Applicabilitv City Centcr: New construction Additions 20% + of floor area Okher district zones: \7ew construction Exterior improvements (all zones) exceeding 20% value of building & land must meet architectural standards Nonconforming - as proposed Add assessed/appraised value clarification Scotts property - no consensus Nishamora - not in the plan ~-J Valley I3est NVay - keep in plan Ruby Motors - corne back when "use" discussion Grafos - extencl nonconfnrming south across Spragiie at approx Moore (confirm at boundary discussion); evrerything east keep existino zoning Swdy Scssion Meeting Miautes: 12-02-08 Pagc 5 of 5 Approved b}' Council: Non-conforming Considerations . ; Goals for Nonconforming Provisions • Provide some flexibility for existing uses after codes change. • Long Term- Bring non-conforming uses, development and buildings into compliance with current codes. Investment in non-conforming development usually discouraged. ~ 1 Types of Nonconformances • use • Development • Rebuilding after Damage SARP • New regulations apply to: - City Center : • New construction (new buildings or reconstructian or expansion valued more than 50% of building and land) • AND additions greater than 20% of building area • AND exterior improvements rnore than 20% of building and land shall conform to architectural regulations. ~ J 2 , SARP • Other districts: - New construction (new buildings or reconstruction with value of more than 50% of building and land) - Exterior improvements with a value of 20%+ of building and land shall conform to the architectural standards. SARP • Refers all nonconforming issues back to the Spokane Valley Municipal Code (SVMC) 3 , . Nonconforming (NC) Use • SVMC- conformance after 12 months discontinuance. Owner may replace use with another NC use under certain conditions. • LL- 12 months discontinuance and no expansions. • FW- OK as long as not abandoned. • Spokane- Depends on what zone it is in. Conditional use permits issued in some cases. • Kent- Can transfer NC rights. Director can approve expansions. ~ Example (NC Use) • Used car dealership- not in Auto Row • SVMC- - can continue in current location as long as use is not discontinued for 12 months. - May be expanded within same lot. - Another NC use can occupy the site if under certain conditions: • More conforming than previous use • Has no greater demand on traffic • Does not adversely affect neighbors 4 NC Use Example • LL- same except can't be expanded • FW- almost the same except can't be expanded • Spokane- Depends on zone. May require , conditional use permit. • Kent- Same as SVMC. Director can approve expansions. NC Development • SARP- - In City Center- Bring into compliance if new construction or (if floor area 20%+) or - In Other- Bring into compliance if new construction. - All property 20%+ assessed or appraised value of building and land- compliance architectural . • LL- Cannot be made more NC. • FW- Proportionate to change or conformance if 50%+ assessed or appraised value. • Spokane- Depends on zone • Kent - Must be brought into conformance if there is change in use. 5 ~ . ~ J NC Development Exampie • New Winco -Old Homebase building • Land Value- $1,132,490 • Improvements- $4,488,000 • Total- assessed value- $5,620,490 • Project Value- $6,200,000 • SARP- definition of new construction includes remodel costing more than 50% of assessed value of structures and land. - Would require complete conformance with all codes University City/Vllest Valley School District Example Land Value- $471,890 Building Value-$515,400 • Total- $987,290 Project value- $643,330 Exterior Improvements- $100,000 SARP- 50% of total land and building value= $493,645 Require conformance If only doing exterior Improvements 20%+ of building and Iand=197,450 ' Daes not require compliance with arch itectu ral regulations 6 , . University Example • Liberty Lake- Can't be made more non- . conforming • FW- 50% of assessed value= $493,645 - Conformance would be required. • Spokane- Depends on the zone. , • Kent- Conformance would have been required because it is a change of use. , Damaged I mprovements . • SVMC- Must be replaced with conforming if damage is ' 80%+ of market value of the structure. • LL- if 50%+ of replacement cost, then must meet new standard. • FW- Must be replaced with conforming if 75°/a+ of appraised or assessed value. Different standards for city center. , • Spokane- In most cases, must be replaced with conforming if 60%+ value of improvements. • Kent- May be replaced as Iong as within one year. ~ 7 CITY OF SPOKANE VALLEY Request tor Couacil Actlon Meeting Date: December 9, 2008 Ciry M$nagrr Stga-od': Item: Check all thYt opply: E3 consent ❑ old business 0 new• business ❑ public hearing ❑ information ❑ admin. report ❑ pending lcgislation AGENDA ITEM T1TL:E: Propoaed Resolation 08-021 - setUng Pianaing Commjsafoa Pubik fleAring for Street Vacatioa STV 0408: Request tv vacatc approrimt►tely 1,170' in length of Tschiricy Koad locatcd south of the intersection of Euctid Avenue and Tschirley Road. BACKGROt1ND: The abutting prap"• owners, Steve Slehufer and Four Comers C.apitnl, LLC and npplicant, Owen Robinson, on behalf of abutting property owner, Lumber Yard Supply Compan}•, requests the vacation of Tschirley Road described above which abuts their parcels. Approximately 560 feet of tha right of way is improved and the abutting puncels nre accessed via improved streets. The ROW is localed south nf Euclid Avenuc and north nf ihe Buriington NoRhem Railroad right-of-way between arcels 550-,? i12;; (cast). 55072.(1~0? ,l 5ti072.0323 (soulht~t~5[}. - r~{{ { y I T, - f 1 ~Yj 1 j{ F" , ' _ - ` i ~ ~ . I ' ~ ~ } ~ 'r ,1~ • - _ I~ . ' , • - 4 , , ~ - ` _7 ' A►en b be Vaceed . ~ ti t 40. i 4 ► . . . , " 14 • ~ " , 1J ~ , , , - i OPTIONS: RECOMMEtiDED M0770N: "Afrprave Bexolrrtlon 08-021, settixg Joxwary 8,1049 as the dalt for a Public Hearing before !he Planning Conrmissloa on Street Vocation App/fcaNon STi' 04-08" 5TAFF CONTACT: tifICKI HARNOIS. Associate Plnnner Fsgc I I`rcpucd an ikccmber :iA:?R DRAF'T C1TY Qr SPQKANE VALLEY SFOKANE C()UN 1 Y, WASHINGTON RESOLUT'ION NO. 08-021 A RESOLUTiON OF THE CITY UF SYOKANE VALLEY, SPOKANE COUNTY, WASA7NGTON, SETTIIVG THE YUBLIC HEA12LNG DATE AND TIlV.IF FOR TAF FLANNIIYG COMiti'llSSION TO COPtSTDER STREET VACATION RCQiJE- ST STV-04- 08 PURSUANT TO RCW 35.79.010. NVHEREAS, the property owners Steve Slehofer and Four Cnrners Capital, LLC ancl applicant, Owen Robinson, on behalf of the property oNvner Lumber Yard Supply Company, requests a vacation of Tschirlcy Road (30 feet wide Uy 1,170 feet lon5). The sCreet is IocaCed south of Euclid Avenue, north of the T3urlington Northern Railroad right-of way between Parcels 55072.0233 (cast), 55072.0303 (northwe•st) and 55072.0323 (west); and 1'VHEREAS, 1ZCV1' 35.79.010 specifcs that the legislative autllority shall estslblish by resolution the time when a Street Vacation application shall be considered by the legislative authority or a committee thereof; zincl, RrHERF.AS, the Spokane Vfllley Municipal Code 22.140 establishes regulations ancl procedures for the processing of vacations of public streets (hereafter referrecl ta as "Street Vacalion"); and, WHI:REAS, Spokane Valley Vliinicipal Cocle 22.140.030 specifies that the Planning Commission shall conduct the publie hearing reguired pursuant to RCW 35.79.010; and shall develop and forward a recommendation for a requested Streel Vacation to the City Council. NOW TFIBItEFORE,, be it resolvecf by the City Council of the City of Spokane Valley; Spokane ~ County, Washington; as follows: Section 1. Establishment of Public Hearinp, Taatc and Tirne fQr STV-04-08. The required public hearing for Street Vacation Request S'TV-04-08 shall bc conducted before the Spokane Valley Plannina Commission, January 8, 2009 beginning at 6:00 p.m. in the City Council Chambers at the City Hall of the City of Spokane Valley, 11707 Easl Spraguc Avcnue, Suite 101, Spakane Valley, Washington 99206. Section 2. Effective Date. 7"his Itesolution shall be in full force and ef(ect upon adoption. Adopted this 9th day of December, 2008. CITY OF SPOKAi\iE VALL.rY ATTEST: Richarcl Munson, Vlayor Christinc Bainbridge, City Clerk Approved as to form: Office of the City Attorney i Resolutioii kNo. 48-021 Sctting Public Hearing for S'IV-04-08 Page 1 of I CITY OF SPOKANE VALLEY - Request for City Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second reading Ordinance 08-024, code compliance amendments 7.05 GOVERNING LEGISLATION: SVMC 7.05 - PREVIOUS COUNCIL ACTION TAKEN: On July 8, 2008, Council had a study session in which it was briefed on the proposed UDC changes. The Council referred the proposal to the Planning Commission, which held a public hearing and recommended approval on September 25, 2008. On November 18, 2008, the Council held a first reading on proposed Ordinance 08- 024. BACKGROUND: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that don't work as intended, to make the Code work better in its ~ application to real life situations, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. The nature of the proposed changes are several. First, a definition of "graffiti would be added, and a prohibition on having graffiti on private property. This is part of a broader City effort to curb and abate graffiti. Second, three types of nuisance violations would be combined into one violation due to the similarity of the offenses to make the code easier to understand and use by staff and the public. OPTIONS: Request additional discussion/changes to the ordinance; approve as drafted. RECOMMENDED ACTION OR fYIOTION: I move that we approve Ordinance 08-024 relating to code compliance amendments under SVMC 7.05. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Mary Kate Martin, Building Official; Cary Driskell, Deputy City Attorney ~ ATTACHMENTS: Ordinance 08-024, amending SVMC 7.05 relating to Code Compliance. ; DRAFT C1TY UF SPOKANE VALLEI' SPOKANE COU-NTY, WASftIriGTON ORDITiAriCE NO.OS-U24 AN ORDINANCE OF THE C1TY OF SPOItANE VALLEY, SPOKANE COLJI~~TY, WASHLtiGTOti, AMENDLNG SEC7701S 7.05.020 AND 7.05.040 OF THE SPOIiA.`E VALLEY AitT~`1CIPAL CODF. RELATLNG TO CON'TRnL AtiD ABATF.MENT OF N1ZSANCE CONDTT10N5. VYHEREAS, the City of Spokane Velicy previously adapted Spokane ~`allcy Municipal Ccx}c Chapter 7.05 rcgulacing nuisnnce canditions an public and private property; and WHEREAS, the existing provisions contnin some sectioas tiiat contain verbiage no Iougrr consistent %vith City Code nnd proceciures or are otherwise no longer applicabie, and rcquire revisions to ectsurc clarity-, and W'HEREAS, the following changes are consisteat with the City's Comprehensive Plan, and arc necessary to protect the health, safety, and welfar+e of thc general pvblic and the environment. NOW, THEREFORE. the City Council of'the Cit}I of Spokane Valley, 'A'nshineton ordains as follow-5: Section Spokane X-'allcyti4unicipal Ccde section 7.05.020 is ltierebN arriendzd as set f'orth below. 7.03.020 DeHnhions. "Abatc" meaas to take whatever steps are dcemed nec:essary by thc director to ensure titnt the property complies with applicablz nuisance otdinance roquircments. Abatemrnt may include, but is not limitod to, rohabilitation, dcmolition, remaval, roplacement or rcpair. "City" means the City of Spokane Velley. Washington. "Cadt camplience officer" means a rrgular or specially eammissioned oflicer so desipiated by the dinctor of communiry developmcat for the City. "[7nys" will bo counted es business dsys whcn five or fewcr days aro sillawod to do an act required by this chapier. "Days" will be considared calendar days when more tttan five days am allowed to do sn act requireci by this chupter. "Detcrcnination of cumpliance" means a written stntemcnt from the director that evidence exists to determine that the violadon(s) has been sufficiently ahated as to the nuisance violation(s) stated in the votuntary compliance agroement or notice and order. "Dirrctor" means the community development diteccor for Spokane Valley, or his'tier designee. "Found in violativn" mcans that: 1. A noticc and order has ban issved und not timtiy appealed; 2. A voluntary compliance agrecment has bcen entered into; or 3. Thc hrgring oxaminer has determined that the viol8tion has occwmd and such determination has not been stayed or rcverscd on appeal. "GrafTiti" means unauthorizod markiag i~ nscriPtions words figures, desigo or other inscribed material `•isible from tLemises Wen to thc public that hBVC bm DlaCCd UDOn Any Rrt~~ •'rough the use of paiaL ink dve, ar any ather substance capable of mnricing arogcrc~. "Hearing examiner" meaas the City of Spokane Valley heating e\aminer, as provided 6y Chapter 10.35 SVN4C as ndopted or herraftcr nmended. Ondinapco 08-024, Amending SVMC 7.05.020 and 7.05.040 (gratTtti) Pnge 1 of 6 DRA FT "Impound," for the purposcs of this ch:spter, moans to take and hold a vehicle in Icg,al custody. "Tnoperablt" meuns incapable of being operated legally on a public highway, inctuding, but not limited to, not having a valid, currcnt registrAtion platc or current ccrtificaic of registration. "Junk vehiclo" mrans a vehiclc substantially mecting at lcast three of the following criteria: 1. Is three years oid or older, 2. [s estensivcly damagai, such darnage including but not limited to any of the foUuwing: a broken window or windshield, or missing wheels, tires, motor, or ttnnsmission; 3. Ls appareatly inoperabfe; 4. Has an approximate fair market value cqusl Qnly to the approximate velue of the sccap in it. "Mitigate" means to take measures, subject to City spprovnl, to minimiu the harmful effects of the nuisance violation wherr remcdiation is eithcr impossible or unreasonably burden.some. "Ivuisancc" means the unreaSOnable ar unlawful use by a person, of real or personal propert}. or the unreasonable, indecent or unlawful personal canduct which materinlly interferes with or .jeopardius the health, safety, prosperity, quiet enjoyment ef property or «°elfare of others. offends common decenry or public morality, or obswcts or interferes with the frce use cif public ways, places or bodies of water. "Person" means any individual, association, partnenhip, corporation or legal endty, public or private, and the agents and assigns of such individual, associatian, partnership, corporation or lega} cntiry. "Persan responsible for a nuisance vialation" means the pcrson who causcd the viulation, if thut can be detennined, and/or the owner, lessor, tenant or other person entitled to control, usr and/or occupancy of the properh, whcre the nuisance violation occurs. "Person(s) responsible for a junk vchicle nuisance vielsiion" means: 1.1fie land owner where the junk vchicle is located as shown oa the last equalized assessment roll; and 2. The last registered awner of the vehicle, unloss the owmer in the transfer of ow-nership of the vehicle has complied with RCW 46.12.101; und 3. The legal awner of the cehiclc, "Rcmediate" means to restore a sitc to a condition which does not pose a probable threat to the general public health, safet}' or wclfure. "Vehicle," for the purposcs of SVMC 7.05.040(S), includes cvery dcvice capable of being mnved upon a public highway and in, upan, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does nat includc derices other than bicycles movrd by liuman or animal power or used exclusively upon stationary raiis or tracks, as set forth in RCW 46.04.670. Scction 2. Spoksne Vulley Nlunicipal Cade section 7.05.040 is hereby amendcd as set forth below. 7.05.040 Nuisances prohibited. ?tio person, firtn, or entiry shall erect, contrive, causc, continue, nitaintain, or permit to exist any public nuisances within the City. Piahibited public nuisanccs include, but ate not limited to: A. Vegetatinn. 1. Ovcrhanging limbs or branches thAt are tcss than eight fect abovc a public walkww-ay ar sidewalk, or Icss than 14 feet atove a puhlic street. Urdinance 08-024, Ameoding 5VMC 7.05.0-10 und 7.05.040 (Fraffiti) F'c►ge 2 of 6 DRAFT 2. Vegetatian that abstrucLs or hinders the use of any public walkvvay, sidcwalk, or strert, or that obstructs or obscures the view of traffic os vaffic contrnl dovices, pursuant to clear-view viangle policies adopted by the City. 3. Any growth of noxious weeds or any toxic vegetatit-in shall te subjet.t to Ctuipter 16- 750 WAC as eurrenth adopted and hereaftar nmendcd. B. Huildiags, Swctures, Fcnccs. 1. Buildings or poRions thereof which are deemed dangerous pursuant tol~Y the Spokane Vailey building code {current}y adopted International Pmpertv Maintcn~nce C-ode cuid the Intcrnational Existing Building Gaie~~t~f . - . ~H4-DeligeFOkH Bitiktt*te,), provided, that such conditions or dcfects exim to the extcnt that the life, health, property ar safet}, of the public or the mcture's occupants is endangered. 2. Any ftnce that obsuucts or obscures the N7cw of traffic or traffic control deviccs, pursuaat to clear-view triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use Qf a public wa1k-umy or sidcwall:. 2. Any object, construciion, or damage that inhibits or obstructs the surface use of a public wall.-way or sidowaik. 3. Snow or ice not rcmoved &om a public sidev.-alk within a reasoaable time, 4. Accumulations of dirt or debcis noi removed from a public sidewalk_ D. lTneuthorized Signs. Any sign not in complianec with the City's cumatly adopted sign code. E. Accumulations of materiels, garbage recvclable3 fumiture. machinerv, 1. Building nnd Cansvuctipn Materials. Accumulations, stacks, ar piles of builciing ar constrvction materials not associated A-ith a cument, in-pmgress project including mrtal, wood. Nti•ire, elccvical or plumbing materiats in disairay or exposod to the elemcnts on the property. lhis provision does noi appty to n designaied contrnctor's yard, as defined in the currrntly edopted Spokane Valley Zuning Code. 2 radmu R~-,v►nblo Comtwst, and Infestat''ons. a GRrbage`not kept in aUMRrr rzce~tucle w7th a ti t-fitting !id b Aerumulatiaas Qf broken ar nealect~ itecns, litter salvagc materiels. cuid junk not in an aparoved snclosed structure in the front back, or side yards af tlic vmvcrty: cRec,Iclables notprorsriy stgred and reRularlv disoo_It of: d CrcatiAg or cnaintaining accumulations of matter includin¢ fnodstuffs. that harbor or nrc an eliraclion for the infestation of insect-s or vctmin• fa's1inR to eliminatemch Wfe3182innc• nr failing to eliminate intrusivC ItlSects. 3 Furniturc end Appligkm, ny a All b1+oke^ or dicc„o.tded hou.Sehold filrniture furnis}inp or wuipment Qf Mliances not in anaprnmvsd enGloscd swctwc in the fronL sidc or back ~•ard of a vr4vettv, b All accessible rrfriQe ion Mliances aot bitving the doots secund or rernoved. Qr mv enclosure thet can caimn humans or animals. 4 Machinerv and fiauiamsnt Broken in4cemble accumulations of or pgrts of machincly Qr eauiament not in an eavrovai enclosod swcturr ia the front. Wck. or side vards !arc reFulated by subsect.ion P of of the oranettv Tbis section excludet nuisar►cc vchiclcs thq this srction. Chdinance 08-02A. Amendinc SV''AC 7A5A20 nnd 1.05.040 (graffiti) Parz 3 0!'6 DR9 F7 F. Fire Hazards. Suscks or:ucumulations of newspepers, dead vegetation (excluding properly maintained compost piles), cnrdboard, or other paper, cloth, or wood products left in a manner that eoulcl pose n substantial risk of comhustian or the spread of fire. Ci. Toxic or Caustic Substances. Improprr stc►ring or keeping of xny toxic, tlammablc, or cuustic substaaces or matcrials. H. 5moke, Soot, or Odors. The escaping or emitting of any unnecesssry or harrnfiil smoke, soot, fumrs, or gases or odors offensive or harmful to Rersons of ordinnty sensibilities. 1. Bodios of Watcr. 1. Except for Cit}-npproveLl structures rclated to sturm drainage systrms, nll stagnant. pouled water in which mosquitoes, flies or ather insects may multipty. 2. Ttte polluting of any watervvuy, well, or lxxiy of water not subjeci to the jurisdiction of tht Spokane regional health district. l~ttbe~;-Keevt}ttl~~+S; -offfin,fit4-ItAr7tn i : ~ : - •t} L_E.rpi,{-tltiiti_-tit, , 2-.-AL'ektmill8~t . limef, W%vige i:.urfli;-:tr~?_}•~ari-fti~~? , fi+-- , , i~i~i?~~E l ' arN9fl-fttiMlt4t0rt-fef4he`-4?4fest?4k-,f►-t~-ttt:~'4~iS'Effiiiw, 44 oS"faTl-!i>z`-i±'Ci•;>u,:.:}{• -F~if2t--i:-t~-i~?•.CT~- ~c-~' -1-#}-birolten~.#ix~t~c~~ttsek-,~~tl-i~~~~r:-iftr~~i~~~; , 2---M4 - _ 7fieearc~or--rPFntv,-r4-t-r _lV awy-e+w4<,tri:;-ie- t~ ean tts-of nniffi~,- ~ 14. Holes, Pits, and E.Ycavations. All uncoverrd holes, pits, or cxcnvatiuns not marlced or guarded that arc in excess of 10 or more inches in width at the tnp and four feet or more in depth. side . t1t 54et}E+n- ~ N& Attractive Nuisances. Any acecssible attractive nuisance to children including, bui not limited to, unattended mechinery or equipment, uusecured abandaned or vacant buildings, open and unattended vehicle trunks, or other unYUarded ronclitians or situations that could injure or crap a child. Noise. 1. Any noisc or sound thnt intrudc: intu the pruperty «f another Exrson that exceeds the maximum permissible noisc levcls ns cstnblished in N4'AC 173-60-040, a-s currcntly adopted and hereafter amended. (?rdinancc 08-024, AmcndinK SVMC 7.05.020 tuid 7.05.040 4.graffitij Pn;e 4 of 6 DRAFT 2. The frequent, repeutive or continuous sounding of any horn or siren attached tn a motor vehicle, eaccept as a w-arning of danger or as specifically permitted b3• laa•. 3. The creation of frequent, rcpetitivc ar continuous sounds in connection with the starting, operaiion, repair, rebuildiag or testing of any, motur vehicle, motorcyck, off-highwuy vehicle or intecnal combustion engine within a residential wne, so as to unneasonably disturb or interfere with the peace and comfort of ownrrs or possessars of real property. 4. The noisy operadon of any automobile, truck, motorcyele or other vehicle in such a nonemergency mannet to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercinl vehicle.s; tho engine cempression noise from the unmuffled or poorly muffled compression braking of wcks; the sound from any motor vehicle audio sound system such as tepe playcrs, radios, snd compact disc ptavets st volumes so as to be audible greater than SO feet firom the vehicle itself; and loud, excessive cngine or eachaust aoise fram unmufflzd vehicics or vehicles operating with inadcqunte mufflrr systems to pievent unreasonabiy loud noises. ~ PM. Dust Diaturbing the toPsoil of any land arca, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scaitering af dust so as to unreasonably disturb or interfere with the pe8cc and comfort of owners or possessors of real property. 'Ihis provision doas not include petmitttd agricultural activitics as legal nonconfarming uses or permitted agricultural activitics in generai ngriculturel zanes, ~ QN. Nulaancr Premises. Any premises ar swctures allowing or maintaining pmstitutian, lewd behavior, underage eonsumption of alcohol, the harboring of juvenile runaways or wantcd persons, or where there is the use, sale, manufacturing or distributing of sny narcotir or controlled substance, or at which there is a pattern of criminal activinI, are proliibitrd nuisances. ~ %KC). Ynrd Sales. 'l'he holding or permitting of eyard sale on the same ceal property tnore than seven consecutive days, or more than two consecutive weokends. ~ SP• All junk vchicles, or purts thereof, placed, siored or permitttd to be locatea1 an pri% atr property within the City limiu ere public nuisances to be abatod as provided in this chapter. 'Iltiis cheptcr does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visibie fram the street or other public or privatr property; 2. Avehicle or part thereof thai is stored or parked in a lawful manner on privute praperty in connection with the business of a licansed d'umantlcr or licensed vehicle dealer, and is fcnced according ta thc provisions or RCW 46.80.130; 3. A junlc vehicle does not include a vehicle which is in the procesa of being repaired, a5 evidenced b}• the good faith effotts of the vehicle owner. This exception shall inctude having up to one "parts" vehiele, from which parts are being sulvaged concurrent with the rcpair process for the vehicle being exceptai fram complinnce in this soetion. Good faith effocts of repsir c.an include producing invnicts showing work or perts purchased for repair or renovation within 30 days pcior to issuance of the notice of violation, or e declaration under penaJty of pcrjury that the vehicle is in the process of bcing rcpaired and hns been worked on within 30 days prior to issuance of the notice of vio}ation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall heve the discretion to grant one additiona160-day cxaoptioct pcriod to this chapta. Undcr no circumstance 6hall any goad faith efforts of repair extend far more than 120 days, after which time this eacception shall no longer npply. This exeeption shnll apply- to one vehicle and one gnrts vehicle per parcel of Iand per calendar year; Orditutnce 08-024, Amending SVhiC 7.05.020 and 7,05.040 (gr.tffiti) Pagc 5 of 6 DRAFT I 4. There shall be nllowcd as exceptions to this chnpter up to two junJc vrhicles in 3.5-a..~d-~.4-=R-1. R-2. R-3 and R-4 zones, so long as the}, are campletely sight-seceened bv maintained Type t or II landscaping, a maintained laadscaped becm, or fencing as may be requirrd in the currently adopted zoning code. Junk vehic{es allowed by this esception are ~ restricted to only the R-l, R•2. R-3 d R~ 5--end-l-I-R-? zoocs. Graffiti All iti up.Qn Qublic or p.,rivate property is deemed a nuissnce Sc • i n . Sev if any seGtiun, senteRce, clnuse or phrase of this Ordinunce should tx: held ta be invalid ar uncanstitutional by a court of compeient jurisdiction, such invalidity or uncanstitutionalin• shall not affect the validitv or constitutionalitrl of anv other sectinn, sentence, clause or phrase of this Ordinance. - Seetion4_ Ft}ecti%e [)ate. 'l'hi5 Urdinance shall br in !ull furce ajtd effcct five (5) duys ntler publication of the ()rdinance, or n summary thereof. occurs in the oftirial nc«spaper iit'tlie City ui pro~-idec3 b% law. I'ASSED b} the Cit} Counril this day of Ihcembcr, 1-008. Mayor, Richard Munson AT"TEST: Cit.~ CIer1:, Cluistine t3ainbridge Appmved u.g to Form: ()flice of thc Citr. Atk)rnL~ Date of I'ublicetion: . Gffective I)ate: Oniinance 08-024. Amcndir,c SVN4C 7.05.020 and 7 05 040 (gmfliti i Pugc 6 of 6 CITY OF SPOKANE 1JALLEY Request for Ci#y Council Action ' I ' Meeting Date: Qecember 9, 20 08 C ity Manager Sign-off; ~ I#em: C heck al I that apply: ❑ cansent 0 old business ~ new business ❑ public hearing 0information [I admin_ report 0 pending legislation AGENDA ITEi11q 71TLE: Second Reading Propased Ordinance 08-025, UDClCode Compliance Amendments GD1fER[VING LEGISLATION' SVNiC 17,80,150, 17,90 PRE1fIQUS COUNC#L ►4CTION fAKEW On July 8, 2008, Cauncil had a study session in which i# was briefed an the propased UDC changes_ The Council referred the proposal to the Planning Commission, which held a public hearing and recommended approval on Sep#embee 25 , 2009, On hlovernber'!8, 2008, the Goun cil con duE:ted a first reading of praposed 0 rdwriance 08-025. BAC KO FtOUND; Staff cans#antly revGews a nd takes in comments regardin g its Code provis ions in an effort to amend things tha# don'# work as intendedF t0 f112JICe tYl$ CQdE WOrk ~etter Ifl 1t5 application #o real life situa#ions, and to remove those provisions #hat our experience shows us are unnecessary, 1Ne have been accurnulating a number of potential changes as they relate to cade compliance-related provisions, which are provided in the attachment, O SVMC 17,80.150 (F) states th at the C ity may approve amendments to the k.1DC if it fin ds that; (1) the proposed amendment is consistent wi#h the applicable provisions of #he Comprehensive Plan; and (2) the praposed arnendrrtient bears a substantial rela#ion to the public health, safety, welfare, and prateckion of the environment_ 7he praposed changes are cansastent with Chapter 10.3 of the Campeehensive Plan {IVeigYrborhood[Sub-area}, GoaGs and Policies. Specifically, IVG-2 requires code provisions that "preserve and protect the charac#er of Spokane 1lalley's residential neighbarhoods_ NP-2.1 states as fallovvs: "rnaintain and protec# the character of existing and future residential neighborhoads thraugh the developmen# and en#orcement of the City's land u.5e regulations and }oint planning," Fur#her, NP-2,7 states as follows: "encourage rehabilitation and impravement pragrarns to conserve arrd upgrade existing properties and buildings," Lastly, NP-2.8 sta#es; Encourage programs targeterl at neighboThaod presen+ation, including Weed and Seed, housing rehabilwtation arrd crime priaverrtion programs, such as iVeighborhood Watch, McGruf# I Houses, etc_" Enhan cernen# of the cade compliance praviswons meet thase gaals, and afe thus consiste nt with ; the Carnprehensive Plan. OPTIONS: Request additional c€iscussiontchanges to the proposed ordinance; adop# as draited. RECOMMENDEL) ACTION OR MOTIQN- I move that we approve Oedinance 08-025, ~ SUDCETtFINAPJCIAL IMPACTS; NA STAFF CONTACT: Pllary Kate Martin, Building Official, Gary Driskell, Deputy City Attorney ATTACHME[VTS' Ordinance 08-025, arnending SVMC 17 relating to Code Cornpliance. DR4FT CM' OF SPOKA.tiE VALLEI' SPOKA,tiE COLTNTl'. WASFiMGTUti ORDINANCF NO. 08-025 Ari ORDLNANCE OF THE Cl'I"Y OF SPOKANE VALLEY, SPOKANE COLT"TY, WA5EtINGTON, AME-NDIlNG SECTIOtiS 17.90.040 AN-D 17.100.080. 17.100.090, 17.100.150, 17.100.250, 17.I00Z80. OF THE SI'OKANF VALLEY MtNNZCIPAL CODE RELA'TING TO CODE COMPLIANCE. WgEFtEAS, the City of Spukanc Valley previoustN aJapted Spekane Valley Sfunicipal Code Ch$pter 17.40 and 17.100, mgulating nuisance conditions on public and private property; and WHEREAS, the existing provisions contain some sectians that contain verbiage no longer consistem with City Code and procedures, contain provisions that shauld be amended to comply with constitulional requirements, and require revisions to ensure clatity; and WHEREAS, the following changes are consistent %tiith the City's Comprchcnsive Plan. nnd are necessnry to protect the health, safety, and wtlfnre of the geaeml public and the envuonmant. NOW, THEREFORE, the City Cauncil of the Gity of Spokane Valley, VVashington ordains as follows: Srction . Spoltane Valley Muaicipel Code secdon 17.90.020 is hereby amcndcd as set forth hclo,,v. 17.90.040 Time for and Coatenb of an Appeal to the Hearing E:aminer i. Appeal to Hcaring Exaniner. Any appcal to the Hearing Etiaminer must be received no later thnn fourteen (14) calendar da}'s after written notice of the decision is mailed. Receipt of a camplete gppeal submittal shall stuy the original de-cision until a final decision on the appenl has bcen renched. The appcal shall inctude: ff. The case number desiKneted h.~ tho Cit% and the name ti}'thr appliciint; b. 'Ilic namc and signatwc of esch petitioner or thcir authoriud representati,. c and tt a-tntcment sho%r ing thAt ench petitioncr has standing to filc the appeAl under this chaptrr. [f multiplo parties filc a singlc prtition for review, the petition shall designnte one (1) party as the cuntact reptescnt8iivc; c. The spec'ific dccision ansf specific portions of the decisian or detcrminxtic+n being arpealed. bnd the specific reasons why each espect is in error as a matter af fact or Iaw; d. EvideaCe tlutt the specific issues ra.ised ofl appcal %N'rre raised during Ltic period in «hich the record was open; and e. "I'he appeal fec ss identificd in SYMC 17.110. The frc may be refunded, either wholly ar partially, only if the aQpellant requests withdrawRl of the appeAl in uTiting et least fourteen (14) calendsir days befare the schedulod appeal hearing date. I f ppsmon ctspQnsiblc for a code compliancqLenfqrcement %iolation wh~_successfull~• apneals the Citv's administrative eletermination of a virlfltion shnll be refunded thc nvpeal feP_%tiithin 45 days. Chdinuncc 08-025, Amcndments ta Tit1e 17, COdC CC'lI1pIliU1lC Pagc 1 of 5 DRAFT Section 2. Spol:nne Valley Ttunicipal Code sectiom 17.100.080 is hercb} amended ns set furth belo%N. 17.100.080 Obligaatians of persoas responalb{e for code violation. A. It shall be the responsibility of any person identified as responsible for a codc violation to bring the property inia a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications far permits, acl:nawledgement of stap work orckrs, and complitutc:e with otlier remedies does noi su6stitute for performing thc corrective work cequired and tavinc tlic prupxm brought inio complinnce to the extent rensonably possibie under the circumstances. B. Persons determined to bc responsible for a code violation pursuant to a natice and order sttall be liable for the paymenl of any civi) penalties and abatemcnt cnstsj; • fv~ evv - 4l-e c ~ . t . . . . efily Wneft , . te-eM ntf-Ai--ii . . lrff t3r -!4Ff-t - Section 3. Spokane Valley Municipal Code section 17.100.090 is hereby amended as set forth bzlow. 17.100.090 Determlpatloa of Compliance After issuance of a arorning, Yaluntaiy Compliance Agreement, notice and order, or stop work order, nnd aRer the person(s) respansible for a violation has come into compliance, tbe City shall issue a w7itten determinntion of compliance. Thc City stiall mail copios of the determination of campliance to each person nriginally nsmed in the warning, Valuntar}° Compliance Agveement, notice and ordcr, ar ` stz,p work order, as well as the cfimplainant~ ihe complainant requests such nQtification a~ thc time tl~_e ~ cQm iaint a~ suhmitted to 4he CIt~•, by Ccrtified Mail, five (5}day return reccipt requcstad_ Srction 4. 5po{:ane Va{fey Nluaicipnl Code seetion 17.100.150 i5 heceby amended sss wt forth bclu«. 17.100.150 Notice and Urder - Contents Thc nutice and ordcr shall contain the following infurmation: A. The address, w•hen available, ar location of the violetion; R. A legal description of the mal property ar the Spol:ane County tax parccl number where the violation occwrred or is locatcd, or a dcscription identifying the pr(iperty by cammunl}, used locators; ~ C. A statemeot that the City has found the named person(s) rcapoosible for violation and a bricf description of the violation(s) found; U. A statemcnt of the specific pmvisions of the ordinunce, resalution, regulation, public rule, permit candition, notice and order provision, or stop work order that %vas or is being violatad; E. A stmtement that a civil pettalty is being assessed, including the dallar amount of the civil penalties pec separate violation, and thst any a-sseiscd penaltics must be paid within t%vcnri (20) da%5 of scrvice of thc nutire wid order. Ordinsnrc 08-1125. :\rnendments to l'itEe 17, Cude Compliancr Pa~,c 2 uf 5 DRAFT F. A statement advising thst nn} costs of enfarcement incurred hy the City shall a{so be assessed against the person to whom the notice and order is directed; G. A statement that paymrnt of the civil pcnalties assrssed under this article does not relieve a per✓on found to be responsible for a code violation of his or her duty to correct the viQlation and/or to pay any nnd all clvil penaltic,-s ar other cost assessments issueii pursuant to this erticle; H. A statement of the comective or abatement action requirad ta be taken sod that all required permits to perfarm the corrective action must be obtained fram the proper issuing agency; L A statement advising that, if any rcauircd woric is aot commeneed or completeci within thc time specified by the notice and order, the Cin, may proceed ta scek a judicial abatement order frora Spokane Coutnty Superiar Court to abate the violatioa; J. A stakment advising that, if any assessed penalty, fre or cost is not paid on or befcxm the due date, the City may chargc the unpaid amount as a lien against thc property where the code violation occurred if awned by a person responsible far a violation, and as a joint and several personal obligation of all persons responsible far a code violation; K_ A statemcnt advising ttzat any person named in thc notice end ordcr, ar having any record or equitable title in the propem• against which the notice and otder is recarded may appenl from the noticc and order ta the Hesring Examiner within twerity (20) days of the daUe of service of the nc►tice and ordcr; L. A statement advising that a ftiilure to correct the violations cited in the notice and order could lead to the denial of subsrquent Spo{►ane Velicy permit applications on thc subjcct pmpcrty; M. A staiemont advising that a failure to eppeal the nudce and order within the applicable time limits renders the notice and ordcr a(inal determinatian that the canditions describod in the notice and ordrr cxisted and constituted a violation, and that the namod party is tiable as a person responsible for a violation; N. A statcment sdvising the persan responsible for a coda violation of hisTher duty to notify the Cit}, uf anv actions taken to achieve compliance with the notice and order; and 0. A statrment advi5ing that a willful and knowing violation may bc referred to the Ot'Fcc of thc Cit) Attorncy for prosecution. Section S. Spo}:ane Valley R'[unicipal Code sectic.~n 17.100?50 is licreby amended as sel forth below. 17.100150 Ch•il Pcaalties - Assessmeat Schedule l. Civil penalties for cade violations shall be imposcd for remeditsl purpases and shall be assessed for ~ each violation ideatified in an-otix -ef-vtelmion-,• notice ond ordcr; or stop work ordcr, pursuant to thc following schedulc: ~ Notice and orders and stop wark ardars: basic initial prnatry oer violatien: 5500.OU 2, pdditic►aal initial penalties may bc addrd where there is: a. Public heatth risk - amount depends on severiry: $0 - 2,500 b. EuvirQnmenta] tlamage - amount depends on severit} : SO - 2,540 ~ c. Damage to property o o e-amount depends an severity: SO - 2,500 d. Histary of similar vialations (less than throe (3)): S500 e. History of similar violaiions (thrce (3) or mvre): S"21,500 f. Economic boneGt to persan responsible for viotatiun: $5,000 I 3. OtdinancE 08-025, Amrndmenu to Title 17. Ccxic C'ampliancc Pnge 3 ui 5 DRA FT t►4,A1-etff"p4iajee-wttit-a-Vc.itaf~--~~ - . ~~~~t _ t~~- ► s~ . . . , - A ~•i-.~4~ , _ . = .r-j'fi - ftsessed r~~-Et~-{~1f5-ftf~TC-~c , ) :-i-k- ~j-~j~~ . tQfilf~F:? . ~ `-Civil penaltics shall be paid within tweaty (20) days nf serrice of tlie notice f►nd order ur stop '.vork order if npt appealed. PnyTnent of the civil penaltics assesscd under this article dues not reiieve a persan found to br responsible for a cade violaiion of his or her duty to cormct the violation and/or to pa}• any und all civil penalties or other cost assessments issued pursunnt to this article. 44. The City may suspcnd civil penalties if the persan responsible for a code violatioa has entered into and fulfillqd alt reauire~ of a Voluntary Complianco Agreement. age+n-l-.ffstiew-io-t# `t►itHii-an., -1-ampliaftee . . ffnA5,-~Itztl €e~-nr . . ~'a►+t-r , . ~Ril-af-se V ~ 7. Civil penaltips assesscd coeatc a jaint and sevcral personal obligations in all persons responsible far a code violauon. 8. ln addition to, ar in lieu of, sny pther staie or local pruvision for the recovery of civil penalties, the City ma}• file for record with the Spokane Counh• auditor to claim s lien a~inst the real properry for the civil penalties assesscd under this cuticle if the violation was reasonahly related to the renl property. :'1ny such lien can be filed under this articlc if, afler the expiration of thirty (30) dnys from when a person respocuible for a code violation cecrives the notice and ordet or stop work order (excluding an}' appeal) and any civil penaltics remain unpnid in wholc or in part. Sce ' n 4. Spukane Valley A7unicipul Code section 17.100?80 is hrreby ameacled as set t~orth below. 17.100.280 Civil Penaltles - V1%aivers l. Civil penalties muy be waived or reimbursed to the payet bN the Cit}, under the fallcnving cirLUmslances: n. The notice and order or stop wurk order was issued in errnr, b. The civil peualties were assesscd in error, I c. N't4+et4af. cl-New, materinl information warranting waiver has been presented to the City sinct the notice and order or stap work ordar was issued; ar Tet'~--#taT-~~-~~1}i-i~?-*-~:tt-;~+~~tr--t~-~i~ ffl+f3s3Eei! d As aanropriate to rclso ve 1ijg4tion,- 2. The Citv shall state in vNTiting the basis for n decision to «ai%e pennlties, and such stetemcnt shall tk.comc Part of the public record unless pri% ileged. Ordinancc 0"25. Amendments to Title l?, Code Compliance f'ugc 4 ui DRAfT Scciion 7. Soverabj it If any scctiou, sentence, ctausc or phrax oT this Ordiaancc should bc hrld to bc iavalid or unconstitutiaaal by a caurt of campctent jurisdiction, such invalidity or unconstitutionality shall nat affec:t the validity or consYitutionality af any other scction, sentence, clausc ar phrase of this Ordinance. Sw 'on 8. Effective Date. This Ordinancc slmll be in full force and effect 6ve (5) days aRer publication of the Ordinance, or a sumnuuy thereof, occurs in the official newspaper of the Ciry as provided bv law. PASSED by the City Council this da`• of December. 2008. A1a}or. RichFUd Munson ATTEST: City Clcr};. Christinc Bainbridge Approved as to Furm: Officc of the City Attomey T?ate af Publicatian: LffeCti%'C Uute: Clydinance U8-025. Amendmcnt5 tn Title 17, Codc Complinnce Yagc 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance 08-026, Batch amendments to Title 19 of the Spokane Valley Municipal Code as follows: Section 19-A (Schedule of Permitted Uses) to allow medicaUdental clinics to locate in the Garden Office District. Chapter 19.30 (Changes and Amendments) Remove item 7 which requires that there have been substantial changes in an area since the adoption of the code. Chapter 19.40.120 (Manufactured Housing) Update the required roof pitch to reflect what is required by state law and add a provision which would allow the replacement of existing single wide manufactured homes under certain circumstances. Chapter 19.40.020 (Residential Standards) Update the matrix to allow for a reduced duplex lot size, correct the lot width in the MF-1 zone so that it is correct mathematically, and update the matrix to include information related to the setback of structures from a O private driveway easement. Chapter 19.40.010 (General Provisions) Add a provision which would allow certain accressory structures to encroach into the required setbacks. Chapter 19.60.010(General Requirements) Add a provision which would allow certain accessory structures to encroach into the required setbacks, and add a requirement for the screening of refuse storage areas. Chapter 19.70.010 (Light Industrial District) Add a provision which would allow certain accessory structures to encroach into the required setbacks. Chapter 19.70.020 (Heavy Industrial District) Add a provision which would allow certain accessory structures to encroach into the required setbacks. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the c4de, a nurnber of items were discovered which were either incorrect, impractical, or omitted. These amendments are some of the first of these items to be corrected. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria ~ that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to remove those provisions that our experience shows us are unnecessary. VWe have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds that: (1) the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. LUG-1 requires code provisions that "preserve and protect the character of Spokane Valley's residential neighborhoods. The requirement for setbacks from private driveway easements provides a consistency in the appearance of physical structures from all travel ways including driveways, private roads and public streets. LUG-3 envisions commercial areas as vital and attractive. Requiring refuse storage areas to be screened works to accomplish this. Allowing limited accessory structures to encroach into the required setbacks allows flexibility of design while still maintaining separation between principal structures. LUP-1.3 calls for innovation and flexibility in the design of new residential developments. Allowing limited accessory structures to encroach into required setbacks allows a certain measure of flexibility while still providing adequate setbacks for principal structures. LUP-11.3 requires buffering, landsc,aping and other development standards for industrial areas. Allowing a limited amount of encroachment into the required setbacks would not interFere with the required buffering and landscaping. LUP-2.5 encourages the consideration of special development techniques in single family areas provided that the develvpment is consistent with the quality and character of existing neighborhoods. Due to the elimination of the side yard setback requirement, staff feels that allowing a reduced lot size for attached single family (duplex) development accomplishes this while still maintaining the character of the surrounding neighborhoods. LUP-4.5 requires compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers. The areas of the city zoned Garden Office are located along arterials and provide a natural transition to residential areas. The maximum height requirement in the GO district represents less than a 30% increase from the residential areas and landscaping buffering is required. These are the areas where medical and dental clinics would typically locate. HP-1.1 requires the consideration of the economic impact of development regulations on the cost of housing. Allowing the replacement of existing, legally placed, single wide manufactured homes enables the property owner to make improvements while not imposing additional economic hardship, allows a legally established use to continue and `'provides additional affordable housing. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: ! Lot dimensions within the MF-1 zone are being updated so that they are consistent mathematically with the minimum lot size requirements and the Manufacture Home Roof Pitch will be consistent with state law. Requiring a substantial change in circumstances for a zone change to be approved is an additional requirement, not mandated by state law and case law shovirs that if a zone change is consistent with the Comprehensive Plan, a substantial change is not necessary. The proposed amendments to the zone meet the above outlined goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Proceed as proposed, or as modified; or direct staff further. RECOMMENDED ACTION OR MOTION: Approve ordinance #48-026 BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Christina Janssen - Assistant Planner ATTACHMENTS: Draft Ordinance 08-026 for Batch Code Amendments ~ ~ ) D17AFT ~ . SPOKANE COUNTY, WASHINGTON ORDINANCE 1VO. 0$-026 AN 017DINANCE OF THE CITY OF SPOKA\'EVALLEY, SI'pKAIIS~E COUN"TY, WASHIL-NGTON AIME\'7)I~i7G ORDINANCE 07-015 SPOICANE VALLEY v1UNICIPAL COllE SECTIONS 19-A, 19.30, 19.40.020, 19.40.010, 19.60.010, 19.70.010 and 19.70.020 ADi)ING PRON'1SIOti`S FOR CERTALN ACCESSORY STRUCTURES TO ENCROACH INTO THE REQUTRED SETBACKS IN THE 17.ESinE\'TIAL, COMNIERCIAL, MI.XED USE, OFFYCE AND IiNnUST12IAL ZONES, ALLO%A'ne °G TflE REPLACEMMENT OF EXISTIiNG, H.ABITABLE SI~`GLE VViDE MANUFACTITRFU HOMES, ALLONVIl1 G RFDUCED DUPIIEX LOT SIZES IN TAFa Tt-3 AND R-4 RESIDFNTIAL ZQNES A\°D REQUiRtNG SETBACKS FROM P1tIVATE ARIVEWAYS, ANT) ALLOWING NNfFDICAL AND DENTAL CLINICS TQ LOCATE TN AREAS ZUNEn GARDFN OFFiCE. AMENUING THE REQUIRE, D A'[ANUFACTURED HONiE ROOF PITCA AND REl'EALING TFIE REQUIl2ENIE,NT THAT CI17CUMSTANCF•S I3AVE CRANGED SUBS'Z'ANTLALLY TO R'AItRANT A SITE SPECIFIC ZONE CHANGE AS FOLLOWS: WHEREA:S, [he City of Spokane Vallcy adopted the Unifortn Development Code (iJUC) pursuant to Ordinance 07-015, ori the 24th day of. September, 2007; And O 'WHEREAS, ths UIaC became effective on 28th day of October, 2007; and WHEREAS; the Spokane Valle}, Planuing Commission held a public hearing on thesc issues on September 25th, 2008 and deterniined to add provisions fnr certain accessory structures to cncroach in the required setbacks in the residential, cornmercial; rnixed use, o_ff.ice, and industrial zones, allowing the replaeement of existing; habitable single wicle manufacturecl homes, renuirements for the placemenC of outdoor lighting in residential areas, allowing reduced duplex lot sizes in the R-3 and R4 residential zones and requiring setbacks from private driveways, and allowing medical and dental clinics to locate in areas zoned Gardcn Office. Amendine the required manufactured hnme roof pitch and repealing the requirement that cucumstanees have changed substant:ially to warranC a site specif c zone change met the criteria for approving an amendment including being ccrosistent with the Spokane Valley Comprehensive Plan and that it bears a substantial relation to the public health, safety and welfare and protection of lhe environment. NOW TSEIZEFORF, THE C1TY COi1iNCTL SPF,CIFICALLY ORDt1IIqS AS SE.T FORTli BELOW: Section One: Chapter 19.120.010 General shall be amended as follows: ~ Orelinance 08-026 Batch Amendrnents • Pxge 1 of 8 DRAFT 19.120.010 General Uses arc classifiecl using the 2002 \forth American Industry Classification System (NA1CS) published by the U.S. Census Bureau faased on category and subcAtegory. Subcatcgories include all uses not identified separately by speeific numbcr. Uses may be perm.itted, be subject to conditions, or require conditional or teinporary use perniit, as shown in Appcndix 1.9-A, die schedulc of permitted and accessory uses. 45 45393 Nlanufaccured home sales P 1132 327 i anufacturins, nonmetallic metal p roducts v 45 453998 Marl:et, outdoor T 62 621498 Massase therapy P P P P P 131 3311116 - 1~feaUfish canning, cutting, curing 7 and smpking I`ledical and laboratnry 33 3391 instniment/apparafus P p Imanufacturing 42 42345 edical, dental, ar~d hospital P~, P A P , I J equipment supply/s~tlcs 62 6214 MedicaUdental cdinic P P PP P P lpi 62 621 i edicalldental office I' P P~ P P C' P 33 332 !Ietal fabrication p P ~ 33 332 letal latin 33 332 Metal pr4cesscs, hot P Mineral product mvwfacturing, P nonmetall ic 21 212 'Mining p See zoning 72 722330 Mobile food vendors S S S S S S S S S disvicts f'or conditions. 1 I°23 236115 ~lodel home units 71 71211 useum P P' P P P Seetion Two: Chaipter 1.9.30.030 Site Specific 7oning map amendments shall be amended as f'nllows: 19.30.030 Site-specific zoning map amendments. A. Site-speciFic zoning map tunendmcnt requests may be submitteel at any time. Site-specific zoning map amendments are classified as Type IQ development applications ancl shall be processed pursuarit to SVMC 17.80140. B. All site-specific zoning rnap amendment requests must meet all of the followino criteria: 1. The requirements of the Chapter 2220 SVMC, Concurrency; 2. The requested map arnendment is consistent «dth the Comprehensive Plan; 3. Thc map amendment bears a substantial relation to die public health; safety and . ~ welPare; Ordinance 08-026 Batch Ameadrnents Page 2 of 8 URa FT 4. Thc map acnendment is warranted in ordcr to achicve cansistency «•ith the Comprchensive Pian or bacause of a need for additional praperty in the proposed zaning disuict classifir.ativa, or because the proposed zaning classification is appropristc f(+r reasonable dcvclopment of the subject property; 5. Property is adjarent and contiguous (which shall include cvrner touches and property locaied scross a public right-of-way) to propcrty of the sume or higher zoning etassification; 6. The map amendment will not be materially detrimrntal to uses or property in the immediate viciniry of the subject proptrty; iiblishment ~ _ 7 - C ►,.;ttt~tc~fti~ -~rc-~-eh~~i~)--~rttt~le-ti~ ~ 2!+i1lf . . , 8. The mep amendment has merit and value far the community es a whdle. (Ord. 07-01 5 § 4, 20U7). Section Three: Clwpter 19.40.1201►anu[actnred honsing s6all be amendcd as followR: 19.40.120 1Nannfactured housing A. Pursuant to the rrquirements af Chaptar 35.21 RCR', the City does not discriminnte agninst consumers' chnices in the placemrnt or use of s home that is nat equally npplicable to ail hornes. 'I'his section applies only to manufactured housing units pinced csn individual tots. B. Homes buitt to 42 U.S.C. 7 Sections 5441 through 5403 standards (as they may bc amended) are regulated for the purposcs of siting in the samc manner as sita-built hamrs, facton•- built homes, ot homes built to any ather state constructian or local design standsrd; pror•ided, howe<<er, thas the manufacturcd hosne shall: l. Be a"new" manufactured home; and Be set upon a percnanent foundation, as spccificd by the manufacturcr, and tliat the space f"rom the twttam of the home to the ground be enclosed by concrete or an approved prociuct which cun he either lond-benring or dccoratire; and 3. Comply with al) lacal dcsign staodards, including the rcquirement far a pitched ruof~ ~%-ith n slope of nnt Iess than 4-:-12M applieablo to all other homes within the neighborhaod in vvhich thc manufactuted home is to bc loc.atod; and 4. Be thermally equivalent to the steie encrgy cadc; and 5. Otberwise mect all other rcquirements for a designated manufacturcd hvrne as defined in KCW 35.63.160. C. This section does not override any legelty tecordod covenants or deed restrictions of record. A"new manufactured home" means any manufactured home required to be titied undcr RCVV Title 46, which has aot been previously titled to a retail purchaser, and is not e"used mobilc home" as defiaed in RCW 82.45.032(2). A"designated manufactured home" is a manufactured home constructcd after June 15, 1976, in accordnnce with state and federal requirements far mnuufnctured homes, wbich: Is comprised of at Icast two fuUy enclosed pamllel sectioni each of not less tim 1? Feet w•ide by 36 feet long; and e An existinQ si ngic manufactured home mak• bc rcplaced with e"new"*n~le w idc manufactured home when replacement is initiatcd w'ithin l' month5 of the dnte of demave which revresents less th~~ 800 af markct valuc, or rgrpqvltl Qf cxisting habitable manufac tired hame. 2. Was originally canstructeci with and now has a composition or wood shake or shingle. ~ coated metat, or similcir roof of nominal 22: z nitch; and 3. Nas extcrior siding similnr in appearsncc to siding materials cammonly used on conventional sitc-built Intcrnational BuildinK Code single-family residences. (Chd. 07-015 ti 4. 2007). Ordinance 0$-026Eintch Amendmrn[s Yage 3 of 8 _nK4Fr Section Four: C6apter 19.40.010 General Provisions shsll be amended as foNorvs: 19.40.010 Generul provisiona. A. No principal or accessory structure shall be located within thc clearview triangle (Chaptcr ;-Z.7Q SVMC). B. In the districts wherz the height of buildings is restricted to 35 fect, cooling tnwers, roof gubles, chimneys and vent stacks may extend for an additianal height, nat to exceed 40 feet, above the overage grade line of the building. Water stand pipes and tanks, church steeples, domes and spites nnd school buildings and institutionul buildings may be erocted to cxceed maximum height cequirzments; provided, that one additionnl foat shall be adcicd to thC width and drpth of fronL side snd rear yards for each foot that such structures exceed the required height. C. No structure ma), be erected to a height in exccss of that prrmitted by applicable airport hazard zoning regufstions. D. Recreational vehicles shnll not be used as permnnent or temporary dw•eiling units in residential zont. Guests may park and/or occupy a recrcarional vehicle while visiting i' occupants of a dwelling unit locatcd on the same lot for nat more than 30 days in one consccut ii2-cnonth periud. Thc intent is to accommcxiate visiting guests and nat to allow the recreati()Ii vehicle to bc us,ed as a dwelling unit. (Ord. 08-006 § t, 2008; (hd. 07-015 § 4.200?), E. Thc follo%vinrr fe_atures attach~d to suuottres_am allowcd as exceI: gendards: 1 Minor Pr.ojxtions Allowed: hlinor featutes of a cture. surt1 ~ fire csca,Qes, bav windows no morc chan 12 fect ion_g and which cmtilevar Wuiid tite tound'it of-ti)e st we. uncovered stairwa,.ys and uncavert;d deck~ or balc~nies, m~y cxtc~d int~~ required srtback up„to twentk~e~cem of the de~ih of the setback. However, thma}_noi t►c ~vidhin tl ree feM of a lo~ line w•hen a sttback is retlui~ed. Wheet~hair rsmps are ollowed to pwject int ~hc sctbtick ba-scd Qn Titl 24 Qf tltc SVMCi._13uildirtg Codcs._ Attached mechanicuf equiatitent 5u~h as heat umns air conditic►ner - . . . . . . allo%ved ts nroie t into thr side ar rear setback on Section Five: ChApt, 11-'- j:, ,;~i,. n,,.<< 19.40.020Residenti:0 ki,. A. Residetttiel de%clupaicnt sliall iuect thc nitnini►uii iif.-a :illiJ SCiI]a:1, rcyuiremciWa, alic rnarimum lai cnvcrage and building height requirements shown in 7'ablc 19.40-1. i Table 19.40-1- Reridcntial Zooc Dimensioaal Stundards (In Feet R-1 R-2 R-3 R4 hiF-1 MF-2 Pltll 1-;mi,►~ Lot 4(1,OQQ 10,000 7,500 6,000 3,600 2,000 Underlying Minimum Area ;~ci ~ zone -:4Ciwellin ut4nit' f 11ii !1e\ L~t c:rc~_,rr J~~r!lit~c unit OM-0 5.000 ~ Lot VI'idth 80 80 65(4) 50 SA-1 20 30 Lot Dc th 100 90 90 80 80 80 50 Front and flankin Stteet Yard Setback (2)(3) 35 15 15 15 15 1 S 15 GFU-a c Setback 2 3 35 20 20 20 20 20 20 Rcar Yard Srtback (1 24 20 20 20 10 10 15 Side N'ard Setback 1 3 5 5 5 5 5 5 S O en S acc 10% oss area hlnxirnum Lot Covcrage 30.0°-0 50,0 {0 (lo~ 5~.0"0 60.p°o 65.0% 60.0°,~ Ordinanue 08•026 tiatcli Amendments Pel;e 4 cif S DR.arT ~ ~Duildin Nci ► t ln Feet 35 35 35 35 `40 50 Underi zn zane (1) No accessory stnlctwe shnU be locatcd in the fnmt or flanking street yard, snd shall be set back not {ess ~ than frve feet from anv side or rcar yard. (2)) Attached garages, where the garage door does nat faoe the street, may have the same seiback as the I ~ Principal structure. Setbm~s wfitn &cijacent to aprivate taad or drivcwsv easement_ are rstablisttcd fmm thc mntr rdLrd nf tlic n,ad qr veyv_a: an1.4c thr same a.~ noted nNI~_e e.s~pt t~le flankinQ road which mould be five 5 c Du lci lots in R-3 zoncs_ maN_t~c a minimum uf 60 feet iii «idth . Section Sii: C6Apter 19.60.010 General Requirements shAll be amendcd as folloRs: 19.60.010 General Requirements A. Nonresidential develapment shnll mect the minimum setbark snd the maximum hcight requirements shown oa Table 19.60-1. B. Parking arcas shall be paved and landscaped in accordance w7th Chapter 22.50 SVMC. C. New development erceeding three sturics in hcight shall be provided vvith paved scrvice lanes not less than 16 fect in width. D. All new development shall provide for sharr,d acccss with adjacent properties. E. All outdo4.r tmth 2ubgc and rofi!ss starags shall be screeneti on all siclcs isible to pgblic views ar rig.hts-or-wava with s ininimum fivc and one-half (5 '1-) foat hiuh r,q~=c-bIvsXSr mmnry w•ell or sight obscuring fence with o si it ob5gptiU Qatc and two (2) feet of Typg Il Igndsca.pingin accordnnce riith Fjg~._re 22 7P-8 SVMC 1' . 7'he foUowing structures may he erected above the height limiis of this Cade in the Office. Commcrciel, and Mixcd Use zones, pravided; (A) T1tc stnicturc is accessory to or part of a building which is n permitted use in the zone; (B) The structunc complies with thc height limits in the Airport Overla}• zone; and (C) No cesidentinl use of the structwe shal I accur abavt the height limits prescribed in the zone. t. Pcnthouses or roof swctwes far the hausing of elevators, stairways, tanks, ventilarine fans, or similar equipmcnt to operate and maintain a building. 2. Pire or parapet walls, skyligltts, flagpoles, chimneys, chutch sttxples, belfries. wireless masts, and aimilar structuros. 3. Swctures such as silos, fecci mills, batch plants, and fixed cranes which are used in a msufacturing pracess which utilizes verticAl ptocessing and storagr of materiuls. 4. Water stand pipes and Uuiks. G'I'he follow-in$ fratures attached to_structur4:; arc nllo%%rd as exceations to the setUack, 1 Minot P»jections Allawed: Nlinor features of a structurr. such as cavo, chiR1mS fire escapes. bay windows ~ rn~n t.~]Qn t2 fest long And which cantilever bevond the fQunciatian of the strucnire, ui+cvrorsy ,►ar+•fm wheelchatt ramps atd uncovered decks or balcanim mttY CXtel1d into a rcq.uired sweture setback up to hventy psrwnt qf the depth of the setback, flOWSVCt ihCY R18V AQt {w within three feel of 8 lOl tin-c- whCO 8 SttbACji ►5,nw-iLvd, 2 Full projections Allawed: In addition to svbsection 19 60 OlO(GX 1)the fallowin fcaturos arc allowed to gtoiect fnrther intn r~c mquired structure setback: a Canonie~. marqute~ ~wninsts ~nd sunilar features may fullv c)ftnd into aarcct setback and ma_y extend into the M lic right-of-wav suhicct to the reQwrg_pf the buildinc code and ndo~ted sue~t st~►ndxrds, Urainanec 08-()26 Batch AmznlnuenL Pagc 5 °f 8 DR-11- T b. Llncovered su►inv,4ys and wheeichair ramps that lead w one entrnncc on the street faging f~~de of a building ma}• lly extend i Q n sirre selback- c Uncoverrd decks d stainvay5 that sim no mnre than fortv-tv►'o inehcg above the graund mm faqx.,extend into a teuuired structurc sctback: and d Qn Iots t,hat slo dqw arm the strrcL vehicular and pedestrian entra bridges that are po mQrc than forti-two inches above the avecaRG Sldewalk elevsti may fully extend into a ry4uincd structur+c setbai.Qk. e. Balcpnies mat. ~rten into bpu lic riahts-of-wav as allc►wed in the butiding code and adoptcd stmct standazds. f, ttac mrc ica! cquipmcnt stch as hcat numps, air conditioners, emetancy generatars und water pumns ellowed ta project inkp the side ar rear 3•ard set ck r ty. Sectian Seven: Cbaptcr 19.70.010 I3ght Indnstrial abail be amendcd as [ollows: 19.70.010 Light Iadustrial ,1 Thc L.ighi lndustrial designaiion is a planned industrial nrea with special emphasis nnd attention given to acsthetics, landscaping and internnl and community campatibilit-,•. T ypical uses would include technology and othrr low-impaet industries. Light industrial areas may also include office and commercial uses as anciUary uses within an overafl piaii far industrial cicvelopment. B. Supplemental Regulntions 1. The outdoor storoge gravisions cuntaincd in SVMC 19.60.060(B) shali apply to th': 1 district. 2. 'vlobile food vendac5 shall be lacated on/within desistnAtcd ureas which do ~ interfero with parking or i, ~ , . health cettificute and pern-. 3. Setbacks: a. Frontandflankingstr"; b. Sidc and reur vard setbacks of 35 feet are requircd anly adjacent to residential zoning districts. (Ord. 07-015 4, 2007) 4. I lir following structwes may be erected ebove the hcight limits of this Cude in the Ufficc, Cummrrciul, nnd Mixed Use zoncs, provided; (A) The structurt is $ccessory co ar part of a building %vfiiih is n pcrmitted use in the zone; (B) The strocture complies with thc height limits in the Aitport Overlay zone; and (C) No residential use of the swcture shall occur ahove the height limits pre5cribed in the zane. a_. Pcndiouses or roof structures far the housing of elevators, stainvays, unl:s, veatilating fans, or similar equipment to operste and maintain a building. b. Fire or parapet «•alls, skylights, flagpotes, chimneys, church stecplrs, belfrie;, wireless masts, and similar structures. c.. Structures such as silas, feed mills, batch plants, nnd fixed crnnes which are used in e manufaeturing process which utilizes vrrticnl processinc and storage of matcrials. d_. Water stand pipcs and tanks. -S. The follo«_ing feat4re3 atWhrd tQ structures arr allawed a,s eacentians w thc wtwck stndard5: Minor I'rQjections A1 wed, a. Minor fcawres of a structurr, such as eavos, chimneys fire qscapes bav windc!~N•s no more thnn 12 feet long an4f which cantilcyer beyond the fouadation of the stnicttire, u coyercd stairwavs, a~eelrhair ramps gad uncQVend d ks vt balconies mav extend into a required structures setback up tQ twent,.3,..percent af the depth of thc setback However ehc)• Lnav not be withiri three fw of a lot line -when a setback is required. Urdinanr.c 08-026 Batch Amendmr.nts Pagz 6 of 8 DRAJ'T b full Pmiections Allawcd. in addit;an tosubsrctian 19 60 OlOiFx 1) thc fo11ou7ng feawros are allnwed to ~ ject farthcr into the reauired structure setbacl►; i. Canopies, marguces, awmin¢s and similar features mar fully extcnd into n street setback and mav cxtcnd iato the Qu lic rit-of-wav subjcct to thc Lequiremcstts af thc buildingcode and adQatsd strret standards ii. LJnc-ov ~md siaitl+avs and wh,celchair ramp.s thnt lead to onr entrsnce on the sireet-facinA facar~g building ma fulb,. extend into a strce srttack, iu. Unsovered deck, and stainvays that are no mvre than forcx-cwo iaches above the ground may Pollv excend into a rcauired structurc wback: and pedc~trian ~ntr~• iv. Qn lots thnt sloas dfl" from thc strceL vehiculat and bridgcs that arg na more than farU-two inchcs abovc the avera e i msik clcvpAion mav fully extend into a rrguired swcture setback. v. 13alconic-1 msv crtend int q public ri ts-af-woy os ellowed in the buildine cadc and nd~ted streEt standards vi. Attached mechanical wuivmcnt such as hc.at qwnps air conditipi~m,, emetgency genetatocs and_water pumpA are nll9wed_t-► pr.~ject intt) the si ie kic rcar vatd setbscl: Qnb-, SecNon Eight: Chapter 19.70.020 Heuvy Industrial shaU be nmrndrii us folluv's: 19.70.020 1-2, Heav} Induatrial A. Heavy lndustrial designatecl pri7pcrty is charac[erizrd h~ interue iniiustrial activitic~ which include manufucturing, pracessing, fabricatian, assembh°, fireight handling and similar ogerations. Heav}• indusw may have significant noise, odor or aesthetic impacts. Ti. Supplemcntal Regulations 1. 1-2 allaws an}• use permitted in the I•1 zaning districi, except as sperificalls. provided in Appendix 19-A. 2. Mobilc food vendars shall be located on/within designated areas wfiich do nt-it interfere µ7th intemal circulation w•itfi prrmission of the properry oHmar, health certific,ate and permit. 3. The following structures may be crectcd abovc thc height limits of this Code in the Office, Commercial, and Muicd Usc zancs, prvvided; (A) 'Ihc structure is accessory to or pari of a building which is a permitted usc in the zone; (B) The structun camplies %aith the height limits in the Airpart Ovcrley zone; and (C) No residendai uso af the structure shall occur above the hei&ht limits prescribed in the mne. a. Penthouses or roof structures far the housiag of elevaion, stairHays, Eanks, r•entilating fans, or similar equipment to operate and maintain a building. b. Fire or parapet walls, skylights, flagpoles, chimneys, churrh steeples, bclfries, wirelcss masts, and similar structures. c. Swetures such as silos, feed mills, batch plants, and fixcd ccanes w•hich are used in a manufecturing process which utilizes vertical processins and storuge of materials. d. VVater stand pipos and tanks. 4 The foltowinu features attached ta siructures nre allowcd ns_ exeeptic~ns to the setbacl: mndards; a. Minor Projections Alloweti. Minc~r featum of n structuresuch as eaves chimnays fire escapes bnv windows no more_thaa 12 fcct long and µ•hich canti&-.vtr bevond the foundatig-p-j ft structurt`unco%.crci9 staiRva.ys, %tihcelchair ramps and uncavrred dec4;s. c+r Urdinancr 08a126 Butch Amcndmencs Page i ef 8 L)R: f FT balrQt~-ies ma~~e~tend intu a r~uired swctures sethacl. up ta t~~enty p~:rcent of the depb of the setback. I.Iowcver, the5, ma ~ n~ at be within_three feci af e lat I jne when a setbaCk is requireci. a. Full PrQjectioni Allowcd: In addition to wbsecrion 19,60.01(?f E)(.1)the followjn¢ features are a low«i to prqiNt f r into t e uire structure setbacl►: i. CanQQiM marc,uees. awnings and simiiar festures may fu11y extend intQa street setbnck and may extco into the public riaht-o -~v._ subject co _thL tyquiremgnts of the buildina code and adopted street standards, !s. Uncoyerrd staimys and whcslc.hafr ram shat lead to o»e entrtince on the strect-faciqg&jadc of a building mav julh• cxtcnd into a sltzet setback. iii Uncovercd decks s d staim33:sI that Are no m re than fQM-two inches abovc the grA may fuiiv exteQd into a reQUired structuric setback• ~ iv. Qfl lots th$t slopg down fr m the strcot ve icular and Westrian eatnbnd¢es that are no more thm forty-two inch s abova the ave=e sidewalk eleva iom mAY fLtll - txtsn into a required sSructurt setback. v. Balconies may exten into uhlic rights-of-%4n}~s mllov►~ed in the building co1e and a opted sttcet stnndar_ds ~ Seetion Two: Severebilirv. If any section, sentcnce, clause or phrases of this Ordinance should lie held to be invalid or unconstitutianaJ by a court of competent jutisdiction, such invatiditv or unc:onstitutionality shall nut affect the validity or constitutiannlity of any oiher section, clause or phrase of this Ordiruancc. Section Tbree: Effective Date. This ordinance shnll be in f'ull force and effect five (S) days after ihe publication of the Ondinnnce, or a summt3n• thereof, occurs in the ofCcial newspaper of the City as provided by law, Pas.rd hN the ('ity L'uuncil thiti dav uf i)ecember. 2(I08. N1u*or. Kirharcl Munsen ATTrsT Ciry Clcrk, Christinc I3ainbridge Appraved as to Fur7n- C)ffiicc of the City Attorncv - Date of Publicatioa: Eftective Dnte: Or:linance 08-026 [►acch Aincndmcnts Pagc 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ publlc hearing ❑ Intormation D admin. report ❑ pending legisiedon AGENDA ITEM TITLE: Second Reading Proposed Ordinance 0$-027 Amending ihe 2008 Budget GOVERNiNG LEGISLATION: State law requires a public hearing and an amendment to our budget when we believe we will exceQd our appropriations. PREVIOUS COUNCIL. ACTION 7AKEN: The City budgot for 2008 was adopted in Odober of 2007. Amendments to the 2008 budget were made on May 13, 2008 The proposed ordinance with these amendments had its first reading on November 18, 2008. BACKGROUND: Additional amendments to the 2008 budget are needed to allow for costs of street maintenance and snowCce removal during 2008. I have atsa included provisions in this ordinance to close two funds that are no longer needed by the City. They are the Street Bond Capital Projects Fund (305) and the Sewer Fund (401). Closing these funds simplifies our accounting in these areas. OPTIONS: Options include amending the budget or not amending the budget The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: Move to adopt Ordinance 08-427 amending the 2008 Budget BUDGET/FINANCIAL IMPACTS: This ordinance provides budget authorization for 2008 operations. This action uses the Winter Weather Fund to pay for additional costs in the Street Fund resulting from extraordinary costs in early 2008 and potentially for late 2008. STAFF CONTACT: Ken Thompson, Finance Director DRAFT C1T1r' OF SPOKANE VALLEY SPOKANE COUNTY WASFfINGTON ORDLNANCE NO. 08-027 A1ti ORDINA-NCE AME:?YDING ORDP,IIANCE NO. 08-009 PASSED HY THE C1TY COtfi'CIL :N.AY 13. 2008. W`H1CH AA'[EN-DEn OR.DIPiANCE 07-018 ADOPTEll OCTOBER 23, 2007, E;NTITLED "A.ti URDINANCE OF TFiE CIn' OF SPOKANE VALL.EY, SPOKANE COUNTY. WASHiTiGTON, AIfOPTL'VG A BLTDGET FOR THE PERIOD OF JANUARY 1. 2008 7HROUGfl DECEMBER 31. 2008, APPROPRIATING FUtiDS AND ESTABLISHIriG SALA.RY SCHEDULES FOR ES?ABLISHED POSITIOV5" A`ll C'LOSI.NG '1'HE 4TREET B(lND CAI31TAL ['140.IEC'tS FU'.tiD (3Lla4NI) 7'41E: `ENN'Eit FUNIf (401) «'EIICti ,%RF iNU L()NGE'R ti E'FnF.D, WHEREA3, subsequent to the adoption of the annussl budget and amendments thercto, it has became necessary to make changes by adding new revenue, trnnsfers, ameadments, and appropriatians in ordcr tu properiy pcrform various City functioas, sen,-ices and activides; and W-HEREAS, the budget chnnges sot forth in this Chdinance cauld not hxve beer, rcnsonably anticipnted ar Icnowm when the annual budget w•as passed by the City Council; and WHEREAS, the City Council has determined that the best interest of the City are served by umending the adopted budgct W reflert anticipated revenue, expcnditures, trunsters, fund balances, and appropriaring same as set forth herein. NOW THEREFORF, the Cit}• Gouncil of Spokanc Valley, Washington do ordain as follaws: 5ectioa 1. Ainrnded itctienues: i)rdinancC No. 07-018, as adopted and amended by Ordinance No. 08- 004, ndoptal the budget for the twelve months ending December 31, 2008. Each item, revenuc, transfer, appmpriatian, and fund is hereby amended as fallows. A. Stnet Eund (101) of the 2008 budget is ttmcoded to providc fcir additional revcnue not tc► exceed S500,000 in a transfer from the w•inter weathcr r4scn•c fund. REVE,1iJES: 2008 est. Rewrtue 8 Fund REVENUES: batence aa FUND Amendad Amendment ENDING NUM9ER FUND NAME May 13, 2008 02 REVENUES OUI GENEPLAL S 42,074,400 S - S 42,074,400 101 STREH 5,922,572 500,000 8,422,972 102 ARTERIAL ST. 850,000 - 850,004 103 'fRAILS/I'ATFIS 30,000 - 30,000 IUS HU71-1.IN107'EL 668.000 - 888.000 123 CIVIC F'AC. REPLCMT 397,000 - 397.000 204 DEHT SERViCE 600.000 - 600,000 301 ('JAFII'AL PROIECTS 4,420,000 • 4,420,00(} 302 SPECIAL CAP. PRJ 4,420,000 • 4,420,000 303 SrREET CAP• pRJ 7,354.023 • 7,354,023 304 hSiR.AHEAU AT. 454,000 - 454,000 I ~,s t~~t~~f-6~1,~'~?•F~F41 - - - - 306 COM DEV BL.K GRYf 245,000 - 245,000 30' CAFITAL GRINTS 11,347,000 - 11,347.000 Urdinance 08-02 i Amending 2008 Hudgct !'ak!z 1oI : DRAFI' 308 BAKKER eRUtiE FEl) 5,862,800 - 5,862,800 309 PARKS CAPTTAL PW 4,284.OD0 - 4.260.000 310 CIViC FAC.IL.ITIL• S 5,085,000 - 5,085,000 120 CEIvTERPLACF.OP. 335,OOQ - 335,000 121 SERYiCE LEti', ST'AB 5,00.000 - 5.400.000 122 WfN'IER %'EATf-IER 560.000 • 560,000 402 STORMWATER 3.180.000 • 3,180.000 501 EQIiIP RFPL & RES 780.000 - 780.000 502 R1SK MGMT 217,100 - 217,100 TO'TAl..S $ 104,442,295 $ 500,000 $ 104.942,295 The ncw touil c►f all fund revcnues and beginning fund balances, nppropriaLed far thc year 2008 is $104,942,295. Section 2. Expenditums Appropriatcd. To appropriatr the amendments from the abuvic estimated revenues and beginning unrestrictcd fund balances for each separatc fund, thc expenditure appropriatians for the period Januxry 1 through Deccmbcr 31, 2008 are amended as set forth belo%~. I: XPENDiTiJRES'APPROPRIATIO\S: FUNO 2008 BUDGt'i' AMENDb1ENT TOTAL NUM9ER FUND NAME AS AMENDECI #2 APPROPRIATIONS 001 GENERAt• S 33,022,058 S - 5 33.022,058 101 STREFT 4,242,304 500.000 4,742,304 W2 AR'TERIAL S1'- 850,000 - 850,000 W3 'ITtAILSfF'ATNS 30.000 - 30A00 105 HOTELMOTEL 668,000 - 688,000 123 GIYtC FAC. REPLCMT 397,000 - 397,000 ,su DEA'T SERVICE 600,000 - 600.000 ;(,I CAPITAL PROJECfS 4.420,000 - 4.420,OOD 302 Sf'ECLAL CAP. PRl 4,420.000 - 4,420,000 303 STKEE"! CAP.I'R1 7,354,023 - 7,364.023 304 MIRAAE.AU P1. 454,000 - 454,000 306 COr4 DEV Bt (iP-NT 245.000 - 245,000 307 CAPITAL GRA.YfS 11,347,000 - 11,347,000 308 BAtt[CER ARbGE FEn 5.662.BD0 - 5.862,800 309 PARKS CAPffAL PRJ 4,280,000 - 4.280.000 310 CIViC FAC[LITTES 5,085,000 • 5,085,000 120 CE"r1F-RPLACE UP. 333,ppp - 335.000 1:1 SERVICF. I.EV. STAEl 5,400,000 - 5,400,000 I:2 M:V'TER WGATFiFR 580,000 - 580,000 402 STORMWA'IFEt 1,983,944 - 1,883.944 501 EQtIIP RFPL & RES 780,OOd - 780,000 502 RISK MGhtT 217.100 - 217,100 I UTALS $ 92,533,228 S 500,000 $ 93,033,229 'fhis amendment includes increased expenditt►res due to strret maintenancc and excessive snow.'ice rrmoval frum City streets during 2008. I-he total balanct of all fund expenditures appropriaEcd for thc year 2008 is S93,033,234 Orduiancc 08-027 Aniending 2008 HudErt Page 2 of' 3 DRAFI' Sectioo 3. P~~s~~?~n~• T-he City of Spokanc Vallcy's eulhorized tiill timc cyuivalent positions is 92.15 with thc salary rangcs as shown on thc attachod eppendix A. SQCL14[1 4. Cl;.ning Of fuads Ttte Streei F3od t apit11 Pfo}i,:I~ I fli: C_k!fi' (40l ) are no faauer nocdcd bv the City and are herrb<< c1os-,.' ~ Sectian 54. SeverabiliM Lf any scction, senience, clause ar phrasc of this Ordinance should hc held to be invalid or uncanstitutionnl by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or canstitutionality of any otfier section, scntencc, c(suse or phrasc of this Ordinance. ~ Section 65. L-ffectiYC Date. 7'his Ordinance shall bc in full forcr and effcct fivc (5) dnys afier publication af this Ordinance or n summan• thcrcuf in the afficial newspapcr of the Ciri• es proNided by, law•. Ynssed by the Ciry ('ouncil of the City of Spokane Valley this dnv of Uecember, 2008 Richard Munsun. Niu% ur ATTFST: Christinc Iiainbriilgc, City Clerk APPROVEn AS TO FORNi: ( )ffice of the Cin- Attorne) Date of publicatioa . Effective Uate: (?rdinance 08-027 Amending 200813udget Page 3 of 3 pRAFT DRAFT A ndix A Em f ee Positian Classification Monthl Sala Schedule December 9, 2008 Positlon Title: Cit Mana er Unclassified Ds u Ci Mana er 21-22 $ 7,818-11,137 City Attome 21 7,818 - 10.023 Communi Develfl ment Director 21 7,818 - 10.023 Finance Director 21 7,818 - 10,023 Public Works Director 21 7,818 - 10,023 Parks and Recreation Director 19 6,332 - 8,119 Human Resaurces Mana er 18 5,700 - 7,307 Plannin Mana er 18 5,700 - 7,307 Bui{din Official 18 5,700 - 7,307 Senior En ineer - Ca ital Prosects, Development 18 5,700 - 7,307 De u Ci Attome 18 5,700 - 7,307 Senior En ineer - Traffic, CIP Plannin lGrants 17 5,130 - 6,576 Accountin Mana er 17 5,130 - 6,576 Ci Clerk 16 4,618 - 5,918 En ineer 16 4,616 - 5,918 Senior Plans Examiner 16 4,616 - 5,916 Public Worics Su rindendent 16 4,616 - 5,918 Senior Adminlstrative Anal st 16 4,615 - 5,918 Senior Ptanner 16 4,616 - 5,918 Associate Planner 15 4,155 - 5,327 Assistant En ineer 15 4,155 - 5,327 IT S ecialist 15 4,155 - 5,327 Database Administrator 15 4,155 - 5,327 En mesrin Tech II 15 4,155 - 5,327 Customer f2elations/Facilities Coord(nator 15 4.155 - 5,327 AccountanUBud et Anal si 14 3,740 - 4.794 Administrative Anal st 44 3,740 - 4,794 Assistant Planner 14 3,740 - 4,794 Buildin Ins ector 11 14 3,740 - 4,794 Plans Examiner 14 3,740 - 4,794 Public InformaCon Officer 14 3,740 - 4,794 En ineerin l'echnician I 14 3,740 - 4,794 Senior Permit S ecialist 14 3,740 - 4,794 MaintenancPJConstruction Ins-nector 13-14 3.365 - 4,794 Recreation Coordinator 13-14 3,365 - 4,794 Code Enforcement Offlcer 13 3,365 - 4,314 Bwldin Ins ector I 13 3,365 - 4,314 Plannin Technician 13 3,365 - 4,314 De ut Ci Cleric 12-13 3,029 - 4,314 Senlor Center S eciafi5t 12-13 3,029 - 4,314 Human Resources Techn!.:ta;, 12-13 3.029 - 4,314 Administrative Assistant 11-12 2,726 - 3,883 Permit S ciafist 11-12 2,726 - 3.883 Accountin Technician 11-12 2.726 • 3,883 Maintenance Worker t 1-12 2,726 - 3,883 Office Assistant II 10-11 2,453 - 3,495 Custodian 10 2,453 - 3,145 Office Assistant I 9-10 2,206 - 3,145 N"digendapa:*et '2-09 05'.Urd i_C- L?tachmer,t xfs CITY OF SPOKANE VALLEY Reqnest for Conncil Action Meeting Date: Dcccmber 9, 2008 City Manager Sign-otY: Itrm: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hcaring ❑ infarmaiion ❑ admia. report ❑ pending Icgislation AGENDA ITEM TTTLE: Socoad Reading fur proposed Ordinance #08-028 far right-of-wa}• vacarion SN-02-08 - Requcst to vacstc approximatcly 390' of unimproved 5'' Avcnuc beginning appro2cimately 250' east of thc intersection of 5`h Avenue and Progte,ss Road. BACKGROITtD: On ]uty 11. 2008, Hrcnt Elliott, on behalf of himself, Dmid and Lisa Bowers, L.ariy 1-Ieller, and Cmiiy Poffenberger, applied for a sveet vacatian. The applicant roquests the vacarion of approximately 390' in length of 5°i Avenue locaied approximately 250' easi oF the intarsection of 56 Avenue aad Progress Road. The strw section is located south of 4d' Avenue, narth of 6°i Avcnue, and east of Progress Road. Thet portion of 5"' Avenue is unimprnved and ahuta pmpenies owrrd h}• thc persnns listed nbove, Pleace reference map below. Thc appliwnt attended a pre-applir.atik-vn meeting with City staff on Dtcember 14, 2007 to discuss a 16 lot subdivision. including a street vacation. At that meeiing the applicani was informed that Development Engincering would nat rccommend <<acation of 5°` Avsnue. Additional discussians resulted in Ciry staff recommending thnt St. Charles be extended northward to connec;t 6m w 4'h, and using 51' Avenue as an east-west connection frnm the St. Charles extensian to Arogress Road. tEN'IOtiS ACT[ON TAh'EN: City Council adopt«1 Resolution #08-028 on Septcmber 23, 2008 setting the public .,.aring date. The Plaaning Gommission canductad the hearing as scheduled on October 23, 2008. Due to a Split vote on the mation, the request was sent forward with no recommendation. A Council study scssioo was conducted on November 4, 2408, and the First Resding of Ortiinance 008-028 was conducted on November 18, 2008. At thnt meeting Council pas.sed a motion to ndvnnce the ordinance to a serond reading at e futurc cit}I council meeting. L__j Portion oi 5'n Ave. requested to be vacated ~ aa I ~r ra " 1 ea a~ wi sw oY'rion s: 1. Approve Ordinance 408-028; 2. Deay tbc proposed street vacation; or 3. Schedulc a public hearing that will bc conducted 20 days after noticing in the mail and posting on-site and three conspicuous places in the City. RECOA'[AiENDATIQti: Deny the request. In the event Council chooscs to ttpprovc the requrst, a draft ordinaace has been praridcd. STAFF CONTACT: Lori Barlaw - Associate Planncr AT"TACHti+iENTS: Exhibit l: Ptanning Carnmission Recommendation Exhibit 2: Plsnning Division Staff report Exhibit 3: Drait OrdinancE #08-028 Fthibit 4: N4cma ta Community Uevclopment Din:ctor F xTDi1`GS AND 1tECONEMENMATIU\S OF THE SPOKANF VALLEY PLANNING CONIVI[SSION October 23, 2008 The following findings havc been prepared by Staff for the Planning Commission in the event there is concurrcnce «<ith the recommendation to deny the request. Background: l. A completed applicakioii for vacation was filed on September 12, 2008. 2. City Council adopted Resolution No. 08-021 on Septembcr 23, 200$, setting the date for apublic hearing. 3. The Plann.ing Commission helcl a public hearing on October 23, 2008. 4. Following a hearin~, the Planning Commission found that the notice and hearing requirements of the applicable Spokanc Valley MLmicipal Codc section 22.140.020 have becn met. 5. None of the property ow-ners abutting the property to be vacated filed a writfen objection to the proposed vacation with the City Clerk; and Findings: 1. The Planning Commission action resulted in a split vote on the motion to deny the reguest, ancl thus did not make a decision. No findings are provided. Conclusions: The Commission did not determine wtiether or nnt the criteria set forth in Section 22.140.030 of the SVsv1C was met ancl thercfore did not rnake findi.ngs in support nf a decision. Recommendations: The Spokflne Valley Planning Commission makes no recommendation to the City Council on the requESt to vacate approximately 390' in length of 5`h Avenue located approximately 250' cast of the intersection of 5'h Avenue and Progress Road. Approvcd this 23rd clay of Qctober, 2008 Ian Robertson, Chairtnan ATTEST 1)eanna Griffith, Administrative Assistant ~ i , ~ Sp "kane jValley• STAFF REl'ORT PRQPOSED VACATION pF 290' of 5th Avcnue lncxtecl approximate.ly 250' east of the intersection of Progress Roacl and S1ti Avenue Prepared by: Lori Barlocv- Associate Flanner Date: October 9, 2008 BACKGROiJND: On July 11, 2008; Brent Elliott, on behalf of himself, David and Lisa Bowers, Larry Heller, and Emily Poffenberger, applied for a strect vac.ation. The appLieant requests t}ie vacation of approximately 390' in length of 5'h Avenue located approximately 250' east of the intersection of Sfl'Avenue ancf Progress R.oad. 7'he street section is located squth of 4'b Avenue, north Af 6'h Avenue, and east of Progress Road. That ponioo of 5~' Avenue is unimproved and abuts the properties o«med by the applicants listed above. Findings: 1. The change of use or vacation of the streel would not better serve the public beeause the street is needcd to provide access for the full clevelopment of the propcrh'. 2. The street is necessan, for public usc and public access because development is undenvay to improve approximately 250' of S`h Avenue exst uf t6e 5th Avenue and Progress f7oad intersection to pro-vide access to a resiclential lot. 3. A substitution uf a new and different public way would not be more useful tu the public Uecause ~ residcntiiil development is unde~-vvay that utilizes 5'h Avenue for access, rancl 5`~ Avenue should be continued tu provide access for iufill clevelopment. 4. CondiNons may change in the future as to prnvide u greater use or need than presently exists because infill development of the large lots adjacent tu the right of way is anticipated and supported by the Compreliensive Plan. 5. No oMjections to the proposed vacation hAVe been received frnm property owners, general public or agencies with jurisclicNon, with thc exeeption of the City- of Spokane Valley Public VVorks Department. The Public Works vepartment has objected tn the vacation based on plans to imprnve the ivest portion of 5"' A<<enuc, extending from Progress 12nad to the west boundary of psrcel number 45231.1508. 6. Abutting Property No. 1: l3rent EIliott, applicant, nwns property that aUuts the right-of-way on the north ancl soutli and includes Assessor Parcels #45231.1510, 45231.1512, anc145231.1511. Abutting Yroperty \jo. 2: E•mily and Uuane Pof`fenberger, applicant, own parcel # 45231.1523 whicli 9bnts the right-of-way on the north. Abutting Yroperty No. 3: Lawrence ttncl Sharon Heller, applir.aut, own parcel # 45231..1.524 which abuts the right-vf-way on the north. Abutting Properh' 1'0. 4: KAy Clover owns parcel # 45231.1404 whicli abuts the right-of-wriy on the east. . Abutting Prnperty 1\To. 5: Jsmes and Nedrak Hunt ownparcel # 45231.4501 which abuts the right-af- wny nn the east , Abutting Property No. 6: Di►vitl rancl Lisa Bowers, applicant, nwn pareel # 45231.1.519 which ahuts the right-of-wsy an t6e south. ~ 7. Utilities: a. Sewer; Spokane County Utilities has no objections and does not requirc an easement per letter dated August 14, 2008. b. Water: Vera Water and Power has no facilities loca[ed in the right-of-way pcr email dated September 7, 2008. c. Telephone/Fiber Optics: Qwest has no utilities lacated in the righl:-of-way; and has no objections per letters dated July 30, 2008 and October 2, 2008. d. Gas and Llectriciry: Avista has no objection to the vacation per letter dated Flugust 14, 2008. e. Cable Television: Comcast has no objection per letter dated AuDust 18, 2008. All of the utilitv aroAders have been contacted bv the apalicsnt and their coxrespondenc.e is attached. The saccific location of easements is a requirement of the recnrd of surva. 8. Stormwater drainage facilities: No drainsge facilities are located in the unimproved right-of-way. 9. Spol:ane Vslley Fire District N0. 1: No objections per letter dated Oetober 2, 2008. However, future development will be required to meet access roacl, addressi_ng, street names, and hydrant standards. 10. Zoning/Comprehensive Plan: Surrounding properties are zoned R-3, Single Fanily Residential/ Low ~ T)ensit}' Residential 11. Land Use: Currently the right-of-way is beina utilized by the adjacent property owners as part of their residential lots. In some cases thc propert), owners have fcncecl up to the centerline of the right-of-way incorpnrating the area into their lot. 12. Ciri~'s Public ~Vorl:s needs assessment and traffic circulation: The Public w~orks Department finds thal the.right of way maz be needed for ac.cess to sen~e future infill dcvelopment of the abutting parcels, and that plans to improve 5 Avcnue extending east from Progress are already undenvay to provide access Co short plat on parcel 145231.1508. Public Worl:s would consider the vacation of a portion of 5°i Avenue if St. Charles Road were e?.-tended northerly to eonnect 60' Avenue to 4'b Avenue, with 5lb Avenue providing the elst-Nvest connection to the street. Withouc the estension of St. Charles, Publ.ic «<orks is opposed to the vacation. 13. Condirion of street: Unimproved 14. Assignment of vacated portioas of ribht-of-wsy: Pursuant to Section 22.140.0404.C of the Spokane Valley Mun.icipal Code (SVMC) one-half of vaeated street shall go to each abutting property owner. Cunclnsions: The criteria set forth in Section 22.140.030 of the SVMC hus not been met based upon Lhe findings set forth. ~_i DfL9 FT CITY OF SPOKANE VALLEY SPOKANE COU1iTY, VVASHT.NGTON pRllINA-NCE NO. 08-028 AN nRllPiANCE OF TFLE CiTY OF SYOKANE VAi,LEY, SPQKAi-tE COUI~'TY R'ASHiNGTON, PROVT1aI.1°G FOR THE VACATION OF APPROXIMATELY 390' I1V LENG'T'N ()F 5" AVENLTE ABUTT'LNG PARCEi.. NNUM1iE1tS 45231.1510, 45231.1511, 45231.1512, 45231.1519, 45231.1523 AND 452311524, AN17 PROVIDLI`G FOR OTAER MATTLRS PROPFRLY RELATIING THERETO. VIrI-IERrAS, the City Council by Resolution 08-018 initiated vacation proceedings for a portion oF S`" Avenue approximately 390' in length and located approYirnately 250' east of the intersection of Progress Road and S`h Avenue (S7'V 02-08, b), providing that a public hearing on the proposal would be held before the Planning Commissioii on the 23rd day of October 2008; and \VHEREAS, an application for vacation Nvas filed on July 11, 2008 and determincd to be complete on September 12, 2008; and VlTNE1ZEAS, the Planning Commission held a public hearing on October 23, 200$; and WHER.EAS, following a hearing; the Planning Commission found that the notiee and hearing requirements of the applicable Spo}:ane Valley Municipa) Code section 22.140.020 hevc heen met; and VdHEFZEAS; the Plan.ning Commission findings and/or rninutes hAVe been fled with the City Clerk as part of the public record for the vacation, the, 1'lantiing Commission having made no recommendation; and NVI-IF.RFAS, none of the property owners abutting the property to be vacated Flcd awritten objection eo the proposed vacation with the City Clerk; and WHERE_AS, through adopted City Code provisions, the City shall provide that the vaaated property be transferrecl one half to each of the adjacent prapcrty ovmer's of the following paresl #s thAt abut the right-of-tivay: 45231.1 510, 45231.1511, 45231.1523, 45231.1524, 45231.1519, and 45231.1512; that the zoning district desigmation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey sh111 bc submitted to the Director of Commtmiq, Development; anci that all direct and indirect costs of title tslnsfer to the vacated streEt be paid by the proponent or recipient of the transferred properh; and N1W-,TtEAS, the City Council dcsires to vacate the above streets pursuant to Spol:ane Valley Mun.icipal Gode Section 22.140. NOW, T'HF,RL•• FOR.L-; the City Council of the City of Spokane Valley; Spokane County, `Vashington, cio ordain as fnllows: Section 1. FindinQS nPFact. The Planning Commission made no recommendation to t}ie Couneil regarding the request and thcrefore no finclings werc provided. The City Council must provide findings of fact in supporf of the fallowing statements in order to approve or conditionally approve the request: 1. 7`he change of use or vacation nf the street will better serve the public because the existing right-of=way is not developecl and does not conneet at the eastern boundary. The vacation will allow for developmeoC of the rcmaininj property in a manner that will promote in-fill developmen[ and the canstruction of affordable housing. Ordinance #08-028 - Sereet Vacation 902-08 Page 1 of 5 DRAFT 2. The street is no longcr requircd for public use or public aecess because connectivity of the roadway in question daes not exist on the eastern boundary, further a single faznily home blocks «<hat would be the extension of 5`h Avenue. 3. The substitution of a new and different public way would be more useful to the public because sh-eets and/or roadways Nvill be designed tp meet the spccifie dcvelopment requirements of tlle property owner. 4. Conditions will not change in the future as to provide a g-eater use or need than presently exists because of the lack of a right of way and the construcxion discussed above. 5. \To objections to the proposed vacation have been made by owners of private property (exc(usive of petitioners) abutting the street or alley. 6. Pursuant to Resolution 07-009, Section 1: Policy a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equa150% of the appraised value of the vacated property received. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Sppkane County Assessor at the titne the rnatter is considcred by the City Council. ii. If ttie value of adjacciit properties differs, than the average of the adjacent property values per squfu-e foot will be used. l3ascd on the average assessed value of the adjacent pmperties, $9,789.00 is 50% of thc assessed ~ value. Section 2. ProeeM to bc Vacated. Based upon the above findings and in accordance with this Ordi.nanee, the City Council does hereby vACate the s-h-eet wliich is incorpQrated herein by reference; and defined as follocvs: That portion o, f 5`h Avefy7ie right-of-wrry located arpproximately 257' east of Progress Roud un crpproximately 127' west of A'etiver Street as depicted zri Appendix A attached Frereto; located iri the SE of 1he fl'l of Section23, Towns6iip 25 Norilt, Range 44 East, Willumette 1tferidicrn, Spokcme Cozmty, Washirlgtori. Section 3. Di_vision of Pro e.rty to be Vacated. Puesuant to RCW 35.79.040 and SVMC 22.140.040(C), unless factual circumstFUices dictate a different division and distribution of die street to be vacated the property shall belong to the abutting property o«mers, one-hal.f to each, and thus divided as recorded in tlie record of survey tivhich shall be ereateci and recorded with the County as required under Section 22140.090 SVMC. Seetion 4. ZoninQ. T'he Zoning designation for the vacated property shall be the designation attachcd to the adjoining properties as set forth within the respective property or lot lines. The Director of Community T7evelopment is authorized to make this notation on lhe official Zoning Map of the City. Seztion S. Conditinns of Vacation. The following conditions shall be fully satisfied prior to the transfer nF title by the City. 1. The completion of the street vacation STV-02-0$ including nll conditions belo«< shall be submitted to the City for review within ninety (90) days following the effective date of 3pproval by the City Council. ~ 2. The vacated property shall be transferred;'/2 to each aburiing property owner Ordinance #08-028 - Street Vacalion #02-08 Aage 2 of 5 nRAFT 3. FollowinL the City CounciPs passage of the ordinance approving the proposal to vacate the street or alley, a record of survey of the area to be vacated, prcpared by a registered surveyor in the S[ate of Washington iwd including an exact metes and bounds legal description, and specifying if applicable any and all easements for construction, repair and maintenance of existino and future utilities and services, shall be submitted by the proponent to the Director of Community Development, or designee for review. ~ 4. The surveyor shall locate at leas[ rivro monuments on the eenterline of the vacated right-of- ' way with oiie located at die interscction of the ecnterline of the vacated right-of-way with each street or right-of-way in accordance with the standards cstablished by the Spokune County Stundards for Road and .Sewer Construction. 5. All clirect and indirect costs of title transfer of the vacaled alley from public to pri<<ate oNvnership includin~ but not limited to title company charges, copying fees, and reeording fees are to be borne by the proponent. 1"he City will not assume any fmancial resgonsibility for anv direct or indirect costs for the transfcr of title. b. The mning district designation of the propertics adjoining each side of the street or alley to be vacqted shall be automatically extended to the center of such vaca[ion, and all arca included in the vacation shall then and henceforth bc subject to all regulations of the extended districts. Thc adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district design3tions. 7. Thc record of survey and certified copy of the nrcfinance vacating a street or alley or part thereof shall be rccorded by the city clerk in the office of tlie Spokane Counh.' Auditor. 8. All conditions of City Cotmcil authorization shall be fully satisfied prior to any transfer of title bv the City. 9. Payment in the amount of $8489.00 ($9,789.00 less $1,300.00 previously paid) shall be proportionately paid by the adjacent propertyo uwners rcceiving the properh~. Section 6. Closin . Following satisfaction of the above conditions, the Ciry Clerk shall record a certifed copy oP this Ordinanee in tlle office of the County Auditor, azid the City Vlanager is authorized to cxecute a11 necessary doeuments, including a Quit Claim Deed, in order to complete the transfer of the proper[y identified herein. Section 7. everabilitk. If any section; sentence, clause or ptu-asc of this Ordinance shall be hcld to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or imconstihitionality sha.ll not affect the validity or constitutionality of any other seetion, sentence, clause or phrnse of this ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the offiaial newspaper of the City of Spokiuic Valley as provided bv law. Ordiuance #08-028 - Street Vacation #02-08 Fa2c 3 of 5 DRAFT PASSEn b}• the Cit}, Cauncil this dny of Uecembtr, 2008 ATTEST: Richard Munson. Mavor City Cicrk, Christine Bainbridgc Appror•ed As To Furm: Office of the Cin• Attorncy Date of PublicAtion: Effective Datz: Orclinance ~rU8-028 - Strect Vgcation #02-08 Page 4 of 5 Eshibit "A" Property Descript t. Thnt portion of 5`" Avenue rig}tt-of-way (ocetcd apprum►naicl} i casL ut [{u.►d , approximatelv 127' west of Newer Sveet as depicted below; locatcd in the SE 1/4 of the N1 Section23, Township 25 North. ftange 44 F,nst. VI'illfunette Meridian. Spokane Coun: Washington. ami~ emiaim esi+an~ rsi~am asrnoss~ aszn~ae s~i r~rn as~i ~ asrn,m~ ssn~.em f~ t i - { ~rt.i~ta Portloe ol S6 Avenue to be vautcKl m~~ ibo asn rsa ~ ~lf 13u q:]t li7 lStlt y0] tm/~= ]S l'2111lY S'b Avenue ~m,~~ asn,~, I 49mlasv uut ur~ .mi a~~ I us 4WnAow 4=2513 't91t u ~t-1l1~ aS111Aw1 sSl7t4/C1 ~]ltis t~11vH 4!t]t1m 13at~QI1 c•:]I AM aIIitArY ct~!Alo; aSli~RUS Qlmmmo.o1f1L 0) Ordinance 908-028 - Sireet Vacation 0:-08 Page 5 oF 5 `"'o~l&ne ,;oOValky- 11707 E Sprague Ave SuiUe 106 ♦ Spokane Vatley WA 99206 509.921.1000 ♦ Faac: 509.921.1008 4 cttyhallospokanevalley.org Uate: December 1, 2008 To: Itathy McCluag, Communiry Devclopment Dircctc}r From: Lori Barlow, Associate Planner Subjcct: STV 02-08 - Projcci Hisiory I havc neviawcd ttie SVeet Var,xtion File #02-08 as a result of the discussions at the City Council meeting cigted November 18, 2008. The prvject summnt}• is as foliows: The applicant attended a pre-applicaiinn mcrting with City staff on Dec. 14. 2407 to discuss a 16 lot subdivision. including a stnoct vucatian. At thai maeting the applicant was informed that Development Enginecring wauld not rocommend vacation of 5" Avcnue, and hc was directed to resubmit a plan tlut did not requirr the vacatian of 5d' Avrnue. Accarding to tnga Note, Sr. TrafTic Engincer, discussions resulted in l'ublic Works and llevelapment Enginecring jointly recommending that St. Clwrles be cxtended northward to cannect 6" to 4`b, and using 5* Avenue as an east-west cnnnection from the St. Charles cxtension to Progrcss Road_ Nu further aciivity occurred aith the project unti) the Strxet Vacatian upplicatian was submitted an July 11, 2008. The applicatinn was determincd to be incompicte on July 17. 2008 with additiona) infoRnntion requestcd. lnformation was submittcci on SepL 10, 2008, and the application was determined complete on Sept. 12, 2008. Thc Notice of Application was routed on Sept. 24, 2008 with a 2 week comment period that cxpired on Oct. 8, 20()8. City Council adapteci Resolution #08-028 on Sept. 23, 2008 sctting the public henring datr. Thr Ptnnning Commission conducted the hesring, es sctieciuled, on (?ct. 23, 2008. A Council study session was canducted on Nov. 4, 2008, and the First Rcading of Ordinance 408-028 was conductcd on Nov. 18, 2008. I glso reviewad the feles for Shart Plnt 09-05 and Short Plat 06-47. Aaih plats involve the site where the housc was consiructed that prevents the connoctian oF S'h Avenue. CM March 24, 2005 David Wilson submitted a 3-!nt short plat application (S{iP-09-05). Developmcnt Cnginecring commcnted Ihat right-af- way dedication fot 5°' Avebue wa5 requirod, nnd that the portion Guating the plat wauld be requited to be paved as a plat condition. Tbis inforniation vvas providod to Simpson En~incering an May 3. 2005. Tha plnt proposzd by the applicant did nat include the cxtension of 5~' or 6 Avenue, but relied on private drives to providr access to sll 3 lots. On Junc 15, 2006 the applicntinn expired due ta the fact that no activity hud occurred in the lust 180 days. Qn ]une 9, 2006 Building PeRnit #06002222 was issuod to James Hunt for a residenct at 15304 L 5°i Avenue - the site that cwrantly prevents the extension of 5°i Avcnuz. The pmperty ow-ner wa, Da6d Wilsoa. va March 15, 2007 an appliea.tion was recxived for Shon Plat 06-07 fram Dave Bowcrs. 'I he propem uwner's werc David and Julie Wilson. The pmposed plai took into consideration that a house had bee❑ cooswctad an Lot 1 of the Short Plat and therefore oo dedication for Sh Avenue was proposed. Right-of- way for 61h Avenue was prnvided. The plat receive+d preliminary approval oa May 21, 2007 and was recorded on Nov. 28. 2007. I did not find any discussian in the f les thal explained why that short section of 56 Avenue right-of-way was noi dcdicated, na did 1 find discussion thut indicated that the Cuunty was going to vacate the 5"' Avenue right-af-way within this block_ Based on the chranology uf cvrnts documented in the files, it appears that the house: was constructed to pn5clude the extension of 5°i Av¢nue. •.^•„i..n7w.[~:~g:0000( Department of Community Devclopmcnt a Pl anning Divisioa Staff Report and Recommendation to City Council STNI ~02-08 Project Description: Street Vacation Request to vacate 390 feet in length of the unimproved right-of-way of 51' Avenue located approximately 250' east of the intersection of Progress Road and Sth Avenue. N ~ Deccmhcr9. 2008 StaJJ'Reporr uirc! Reconrmc•ytclulic»ts !u thi' CJll' C.r)ll11i'!I _101'.ti1'I'-11'-(1,ti' Depart~ment of Communitv Development ~ EW ne ~al Planning Division STV-02-08 Existing- Conditions , - ~ -~F - ; ~ Poffenberger ' Ellrott _L_ . - . , ✓ ~ - Nzller ~ ~ ' ; ~ ~ ~ ~ ~ ;q! V Nil-~l~- r ~i - • , L • ♦ _ A- . ' r _ , t - `iP.4~~ r h J, . ~ ~ I ~ - ~ At .77,~~ r -'~.i ~ Tr _ ~ . - , . II I' ~ •Y;, • , I-- . 7 1 ~ _ ~ . - i ~ I , t ` • i ~ - ~ r 4, ! ' ` I . ~ ~ ~ ~ _ {~5+-- . _ , . J ~OWP.~.S ,~•I + N Arca to bC VycaiCd Q~ Property cnvner.R rvho hnve signrd vacation pctition Uccemher9, 2008 SlafjRepar! and Rernmmcndalinrts ln lhc City C'nurtcil jnr VrV-Ul-08 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off. ttem: Check all that apply: ❑ consent ❑ old business E new Dusiness ❑ public hearing ❑ admin. report ❑ pending legislatian AGENDA ITEM TITLE: Proposed Resolutlon 08-022 Amending Fee Resolution for 2009 GOVERNING LEGISLATION: The current resolution is 07-017 wtiich was passed in October of 2007, and was effective January 1, 2008. PREVIOUS COUNCIL ACTION TAKEN: Each year the council passes a resolution to adjust fees so that most city costs can be recovered for services provided to others. Staff also recommends the deletion and addiGon of fees when canditions warrant the change. The aty council has discussed these fees on several occaslons over the last few months. The council has directed that: 1) a few fees be updateci; 2) those fees that have not changed in 5 years be increased by 5%; and a pre-application fee of $250 be charged but a credit in the same amount be granted if the application advances. BACKGROUND: Staff prepares an updated fee resolution for the beginning of each year. The proposed resolution includes adjustments recommend by several city departments and Fire District #1. The reso4ution has also been reorganized to make ft easier for staff to find related fees OPTIONS: Options include 1.) Direct staff to proceed with an updated resolution; 2} Proceed with some of the fee changes, 3} Do not make any changes RECOMMENDED ACTION OR MOTION: Move to approve Resolution 08-022 Amending the Fee Resolution for 2009 BUDGET/FINANCIAL IMPACTS: An increase in city revenue (up to $30,000), to cover increased costs, is expected during 2009. STAFF CONTACT: Ken Thampson, Finance Director I DRAFT CIT'i' OF SPOKANE VAI.LE Y SPOKANE COLThTY* WASRINGTUN RESOLUTION NO. 08-022 A RESOLUTION OF THE CI'TY OF SPOKAINE VALLEY, SPOkANE COLfi'T1r', WASfIINGTON. AME:YDING RF.SOLLJTION 07-017. A?v'D :1PPKOYING Ati AMENDF.D MASTER FEE SCHEDULE WI-IEREAS, it is the genergl policy uf thc City tu cstablish fees that ure reflrctivc of the cost uf services provided by the City; and WEIERE4S, the City uses a resoiution to cstablish fees for City programs, permiis nnd services, ond periodically, the fee eesolution must be updatcd to igcorporate new or modificd sen-ices; and WHF,REr15, Council desires to modify the Resolution and acrompanying Fee Schedule. NOV4' THER£FORE, be it resoh-ed hy the City Council of the Ciry of Spokane Valley, Spoknne County, Washington, as follows: Section 1. The changes needed at this timc are incurpomted into the attached schedules, and ~ include (l) new fc~es; (2) chAnges tc.) existing fc;es; and (3) inflaticmasti increases for 2009. Seetjoa 2. ftePeal. To the cxtcnt that previous fee schedules are inconsistent wi[h those set forth herein, they are rerwaled. Secdoa 3. E_ffecti~z Date. Trtiis Resolution shnll be in full f«rce and effect un Januan 1. 2009. Approved this dny of December, 2008. ATTES-I': CH'1' clF SPOKANF \`AI.l El' ChristinL 13ainbridgc, City Clrrk Ric}iarJ Nlunson, N,layos Approvcd as tn form: Office of thc City Attumey Resalution 08-022 Fee Rrsolution 2009 F'age 1 uf 30 AMENDED MASTER FEE SCHEDULE Fee Schedule Page No. ~ Schedule A: Planninv-D_ :3 Schedule B: Building 5 Schedule C: Firz Code 13 Schedule D: Parl:s & Recreatic~; i 1 rSchedule E: Administrative i ~qc},edlile F: Other Fees ^r, Pugr 2 0( MASTER FEE SCAEDULE ~ Schedule A- Plannin~~-3F-r AMEN'DMEN'I'S I Comprehensjve Plan amendmeot $1,SOO:t1l~ Zoning or ot6er code teit amendmeat 51,.~00:~► APPEALS Appeal of Admlaistrative Decisiou S1,Oi0t+J~ f)4> Appeal af Aearing Exam[ner Mdings S3l 50E►.00 TranscripUrecord depasit fee oo nppesb of Hcaring Exxminet'a decisions 51576,40 I ~A --lBI~C~~li!?:fifl ErIVIRO\riENTAL REVIEA' Statc Environmenial Poiicy Act (SEPA) Siagle dwelling (when reqnired) 5104.T? All other devctopments S350:~lo En8-ironmeacal impact Statement (EIS) Rrview, min. $2,200:4!-► dcposit Addeada of exlsting EIS Rc-vicw 5350•0la Shoreline ~ Substantial Developmeat Permit S840Em,tl;+ I Gritical Areas s3WA'}► Floodplnin Permlt S-52 Per li►t "R PERNiIT5 flome Occupatioa Permit & Ace. Dwelline units www Canditional Use Permit S830A8:10 Temporarv Use Permit 515'(L.jM) ~ R~4~;LAND USE ACTIONS Subdivisions Preliminary plat S2,324 Plas $40.00 per lot Flnal pls►t 51,424 Pius $10.00 per lot I 'I-ime cxtension~ - file recie~~and lettcr $R[! Stiort Ptnts Pfigr 3 of 30 Prcliminary 14 lote $1+22a Final Plat 24 Lob $924 PrnUmtaary plat 5-9 Lots 51,424 Plus S25 per lot Flnal Plat 5-9 Lob S1,224 Ptus S10per lot I 'I iinc extrn,inns - filc rc%'icti% anrl Ittii•it- $80 Plat .1lteratior, I Subdivi.rlon plat $682 54).iw S6art plat 5278&-:41A iiinding Site Plan ~ Bindfng site plua alteratioo51,474 ChAage of Conditions S6150 Prellmtnarti• binding site plan S1,674 F inal binding sitc plan C924 Aggrcgatiau'Segregati Lot Ijne adjusimcni • Lot line elimination Zero lot line S1US I'ius SIU pcr lw Nhat vacatian 1-4 S1GNS Reti-ie%v of permancnt sign SSU Ylus 525 if Pubi Works re-wiew i, aeeded Review of temporary aign SSQ 51'(-C PLAN REVIER' S550 I STREET VACA'ITON APPLICATION $1,365 UTt1ERVAk4:V-tit'f.: Adminlstrative Excenriun S315 N'siriancr S1,SL." Prenprlication Aletti5250 Deducted frnm Ipnd usr apnlication fee if aaulicadon iy fileKt within 1 Sear pf areaptllicutiou meetine Administrotivc IntcrgretatiotLSPfrM+e-}4verin--- s100 ZONING Zoaing map ameadments (rezone)` S1,6S0 ~ Plannrd msi. develonmenti=?) plunt>{fm $1,575 Plw S2f~~"t► per lot Pagc 4 of 30 Plannrd resi. llevclonment U-l, matiGcation SS_2f41l,:q1sj Zoning letter "It rezone Is combined witb otLer acdon(s), coat of other actioo(s) is additional. Schedule B - Building Fee Pati-mcnt Plan review fees are cQllcxted ut tliz time of spplication Sucli fees pian rc~ ic«. Ovar~es or_uR,d_~.p ~ts ~ti,ill be jipVmpliete y adjqsted at the timC af pcrtnit itsiuince. Plan revie«• fees are seperate from and additional to buildingpennit fees_ Permit fecs attd anY 4the[ 4tn[gid fres, urr cullectc:ci_p~k~r tu iysuance of the pcrniit Fecs for outside professiana) services required duringthe permit process will be naid by the aaplicunt FJxmples of 9ut5ide Qrofessional servicrs include review by contract rrviewtrs. special inspgction or construriion setti•ice5 consultnnt sen•ices for spzcial tooics. siun-e~ inc ur otlier sen•iccs requirrd to dctermine cumnlirvicr u;iplicatile cotles. Fee Ftefund YolicN i'lan revie%~ fces are non-refundublc oncr an~ vJctn revic~v work has begn staned Yermit fees nrr iian-refunclablc ance %+•ork authori•rrd bv the permit has begi,n AgRlic~n 1 it holders of ro'ets el~.igib e f refund must,requrst,a mfui-id ii~ \WitinC N\_ithin 18(1 calondae days of auplication subtnittal or pcrmit issunnve. Reauests eived after 180 calender dpys nre Aot elistible Cur rcfund, Plsn revietiv fees will be refunded flt H c$te of 100°io Iess $35.00 administrative fee vrlien eli¢ible tor mknd. PCrMjtfre: wil) hc rcfunJe:l at tlte. rn►_e of 95'~ iih at jc4Lt onc hour cif stu(1'tiriie_retained_~a, Jesi ~~r ~teJ in this sctirilul~l ~~(~i~f~~~cr i~ Lrcatr~~__~~hcn ~li,:ihlr_~t~~1 reu~i•_,tc~l_~~iihii~_~ i!en~isr l_81i ds~~_c~f~zm~it issuance. FEES GEh'ERAI.: Hour}• ratc fur e:it, CmEloces I Qva~ime ratg o Cit Em layees lm•estizatian fee• WorS: commenced witbout reguiredperniits EQUaI lu Dzrmit tee Replacemenc of l)-q-p-em?j.t docu~ents , Hourly rate; 1 hr. iniii. RoviSions toplnns rcquested bv the apolicant orpermit holder will be chareed the_haurlxrats with a minimum oFone hour. (Rr~ i~uci pla,,; suhniitted in re,;ronsc tt) rrvicNver c<irrecti_-n_leticr. arz nc?i_SuhieLt ta the hourh assessment. ) Pagc 5 of 30 ti1'a;hingWn Statc Quilding C:o e Council Surchar&e (V►'SBC;C:) "4.50% c.rwit VJSHCC Sun:har=(Multi-Famitv) $4.50 first d~~cllinI: _ _ unit + '.Oq rach_ _ :tdd111m1t3l llRli PiSL'C 6 UI 30 q~ A/~+P++D~G L EL~l~/.AP. • Builciing, nermit fees for eacki project are set bv the following fee schedule. The table belotiy is to be used to determine thc building permit fees and plans check f'ees based on the value 2f the construction ~,v2rk ss staced by the aQplicani or the value calculated bv the Building Official usina t:lie 1_atest valuation data publisbed i« the Barildira gScr£ety Joarrrral bv the lnternational Code ouncil, whichever value is ereatest. Valuatiuns not lis*ed in thQ Bunlding Saffetv Journal: Bualdinp TvnLe Valuation per sguare f'oot Residential earagesJstora,e buildings (wood frame) 19 sf Residential t2aracges (masonrv) S ?2 sf IVlise. residential pole buildings L9-S f Residential carpairts, decks, porches S 15 sfBeaeldinp Permit F'ee Calciilation fTablc Total Valuseian Btaildinp Perniit Fe QQ. or I $1 to $25.000 $69 25 for the first $2.000 alus $14 for each ndditional $ 1,0 fraction thereof. up to and including 525.000 S25.001 to $50.000 $391 25 for the first $25 000 plus . 10.10 for each additiQna! $1.000. or fiaction thereof, up to and includiniz $50,000 ~ 150.001 to $J 00.000 $643 75 For the first $50.000 plus $7 for elch additional $1„OO0, or I'raction thereof. up ro and iiicludina $100,000 $100,001 to $5QQ.000 $923 75 for the first $J 00.000 plus $5.60 for each additional $ 1.000. or fraciion thereof, up to and inciuding $500.000 I $540A01 to $ 1.000.000 R.233.75 Eor the first $500 000 plus $4.15 for each additional 1.000. or frac4ion thereof, up to and including $1,000,000 I $1.000.000 and un $5,608.75 for the first S1. Q0.000 plus S3.1 5 fqr each ldditicnal $ 1.000. or fraction thereof Pian Review Fee Cafculation Table permit fee Plens review fee oenerall fi5° o Of bldc., I Plans revieNv fee - Group R-3 2ceupancies (single family less than 40% Of bldg pErrttit fee 7.999 sq. ft.) I Plans review fee - GrOup R-3 Qce.upancies (single family 8,000 sq. 65% Of bldp-errnit fee ft. or Ereater) I Plans reviecv fee - U-1 or U-2 2ccupancies (sheds. barns. etc.) 25% Of blcla qerrtiit fee ~ lnitial Plan Review Fees are capped at $35 0flO not incluciinp- pass-thsough expcnses f r outside review as notcd in the "Fee Pavment" section of this schedule, Page 7 of 30 .-1 1 O'THEi2 BUTL13f1VG I'ERMI'd'S: Over-the-Counter Service S61 (ilat :fee) I7emolition Permit Sine.le Pamily Residence S46 fllat fee) ~ Commercial_buildines $131 (t7at fee) I Gar%ze or acccssory building associated with a residence or $21 (flflt fee) commercial buildino I Foundation Onlv 25% of blda Rcrmit fce ~ Swiinming, Pools, over S,OQQ Rallon~ $52 plus plumbina fees Re-roof Permit No plan revieElfee will bc charged unless Based on prq_ject NaluatiQn plans are submitted for review. ChanQe of 11se or Occuuancv Classification permit Hoiirl~: ~ Towers. Elevated tanks, antcnnas Wourl~~ GRA.IDI[iVG PERi iT: Cubic Xards Grading Permit ]E'ee ~ 100 or less 21 ~ lOl to 1.000 $21 for the fixst 100 Cu. Yd.. nlus $7.00 for each additi nal 1_ Cu. Yd. I 1,001 to 10,000 for the fir,t 1 021 Cu. Yd., plus $6.00 for each additional 1.000 Cu. . . Yd. I 10.001 to 100,000 S154 for the Frst 10,000 Cu. Yd. nll►s $15.00 for cach additinnal 10,000 Cu. Yd. I 100.00 1 to 200,000 386 for the first 100,000 Cu. Yd. plus $15.00 for each aclclitional 100,00~1 Cu. Yd. I 200.000 or more $528 for the first 200,000 Cu. Yd. p(us $1 5.00 for each additionAl 204.000 Cu. Ycl. GII2.ADING 1'LAI+F REVIEW VEE_ ~ Cubic 1'grc9s Plan Checking Fe-e i ~ 50 or less N' o fee ~ ~ 51 to 100 12 ' ~ 101 to 1,000 $21 ~ 1,001 to 14,000 $27 ~ ~ 10.001 to 1,00,000 $2 7 for the first 10.000 Cu. Yd. Qlus $7 far each additional 10,000 Cu. Yd. I 100,00 1 to 200,000 $104 for the first 100.000 Cu. Yd. plus S6 fnr each additional 100,000 Cu. Yd. ~ 200.001 or more S166 ~ Land Clearing onl,t(Nvithout Ear[h bcing moved) S68 $263 ~ ~ Pavin,g T'ei7nit (greater than 5.000 SF - new paving onlv) .I Page 8 af 30 ~ 1Vj[ECIH_ANTCAL PEitM[[T: Plan review fees for mechanieal permits will be collected at applicatian as n4ted in the "Fee PaymenY" section af this schedule. Perniit fees will be collected when the permit is issued. If submitted as part of a sic fee for issuiniz the oermit". buildiniz permit application the unit costs are added, but not the "ba- Mechanical Permit Pees ~ A. Basie ffees ( ~Basic fee for issuing each Rennit J3 5 Basic for each supnlemental pennit ~ A. Unit fees (in addition to the ba$ic fee) ~ Furnaces Rz suspended lieaters - in tallation or relocation I a. up to and includine, 1.00,009 htL► M3 ~ b. over 1 0.000 btu $16 lluct work s, st tem_ ~u I D-3 Heat pump & air conditioner ~ a. 0 to 3 tons $13 ( b. over 3 to 15 tons S21 I c. ovcr 3 5 to 30 tons S'26 I d. over 30 t:o 50 tons 37 ~ I e. over 50 tons $63 I 4) Gas water heater l I- I ~ Gas Pipin= svstem $1 Per outlet ~ Gas log. freplace, and Qas inser[ installation 11 I 7). .A,~Riiance vents installation: relocation; replacement 10 Each n Rcpairs or sdditions S16 I 2) Boilers compressors, and itbsorption svsteins ~ L 0 to 3 lip - 100.000 btu or lcss 113 Ij. Over 3 to 15 hp - 1 Q.OA 1 to500.000 btu 21 I L. Over 15 - 30 hp - 5q0.001 to 1.000.000 bhi $26 ~ d. over 30 hp- 1,000_00 1 to 1,750.000 btu $37 I e. over SO hp - over 1.750.000 btu iu I 10) Air Hattd_lers ~ L. Each unit up to ]O,OQO cfm. including ducts S13 ~ b. Eacli unit over 10.000 cfm ~16 I ]1 Eva orative Coolers (other than portable) $11 I 12) Ventilation and exhaust a. Each fan connected tQ a.5inele duct $11 b. Each ventilation system $13 I e. Each hood sert7ed by mechanical e.xhaust $13 Page 9 of 30 13) lncinerators I a. Installa[ion or relQcation of residen[ial 21 ( b. Installati n or relocation of commercial $23 ~ 14 rlpnliances. each $I 1 ~ 15) Iinlisted appliar►ces I A. under 400.000 btu 52 I b. 400.000 btu or over 105 I 16) xood ~ L. y e t s2 I b. T~~qe [I 1 1 I 171 L P StoraQe tank $1.1 ~ 18) 1'Vqod c+r PeUst stove insert I 1 ~ 19) Waod stovre system - free standin~ . 26 PLUIlMIlYG PERMIT: Plan_review fees lor mec_hanical permits Nvill be collectcd at appliaation as noted in the "Fee Pa mti ent" seetion of this schedule. Permit fces will be collected when the permiC is issuecl. ifsutimitted ~of a buildin,g pQrmil application the unit costs are acldcd, but not the "basic fee for issuing the pennit". A. $3acic fees - , ~ 1) Basic fee for issuins each permit $37 ~ 2) 13asic for cach supplementll permit $8 ~ B. iJnit fees in ad(lition tq tl~e basic fee) 11 For each plumbing fixturz on a trap (includintz garbage disposals, dish wa$hers, $6 baelc Flow device, drainat4e, hot i:ubs, built in water softener, water closets. lavatories, sinks, deains, etc ) 2) Private sewage. disposal svstem $21 I 3~ R'ater heater 6 Each ~ ]ndustrial waste pretreai.meiit intercepcor including its trap and vent, cYaent kitchen $16 iype pease interceptors functionine as fxture traps. ~ Repair or alteration of water piping, drainage Qr vent aiping $6 F.act fixture I ~ Atmospheric h~e vacuum breaker Sfi Fach I 7,~ Backflow protective device niher than_ 3tmczsqheric ype vacuum brea}:ers $6 Fach B) Mettieal aas $Fi Per outlet 9) Interceutm $6 Each RYQ:FH'lf-OI'-VVAY PERMYT: A traffic plan and traffie p11n review is rtquirecl if itiore ttlan SO% of t1~e width of any street is eiosecl or if a sinizle arteriai iane is closed. A tninimum plan review fee of $58 applies to all ROW perrnits tbat require a traffic plan. If additional stafftime is reguired, it wi Il be char_ed at the hoUu•i y rate. Page 10 of 30 CaQeanrv 1 NlOn-cut obstruclion withaut clean-un S73 2\ion-cut obstruction with clean-up 110 3 Pavement cut oUstruction non-winter 4 Favement cut obstruetion, winter $210 S A~roach Permit 52 IYational ai ht out event rvith use of strePB _ $5 SIGN PE12AYIT': Sign permits are subject to assessment of pllnning division review fee,s as found in Schectule A- Develo ment Sign Pennits are also subiect to the assessinent of the WSBCC fee as noted in "General" section of Schedule B. Si~.ms mounted on huildinWs $48 per sien fflat_ fee1 ~ Sign andpole moimrinu $68 per sifzn (11aC fee) I 0 . F'age 11 of 30 SshedanBe C - FIRE COI)E . FI1SE ALARIYI SPRINi~~ER AND O'i'HEIt PRCDTECTIUN SYS'I7EMS Citv proccssinE fee of $37 is added to these Fire i7istrict I fees. Plans check atid review fees inspections. and,permit for installatinn of separate fire alarm svstem or sprinkler svstem agplications and other tire pro[ection s~st} ems• Fire Alarm Svstem New installation 1-~ devices $165 5-100 devices IS Additional 100 devices S 55 E-aGl1 1ddlt]Otlc1l panel $ 44 Sprinkler siIpervision only $ g3 Each additianal floor $44 Fire Sgrinkler Sti=steans 1-9 heads $ 58 ] 0-49 $192 50-100 $-303 101-200 $35$ . 201-300 $385 . ; 301-400 $4>; 40 ! -500 $468 ]pp+ $550 + $.36per head For hvdraulically desined svstems mttltiply the above fee b~ ~ew Supliressaon Systems Range hoods halon C02 clrv chemical, FM 200, iniergen sprav booths. elc. Unit. 1-5 nozzles $110 Uver S nozzles S 11 0 l 1 per nozzle 13ottle(s) $33 pe,i- battle Fire PurnR ItDsinflAtion Pian review & inspeciion fee $550 UnderQround Fire Maiiis -Plan review and insnect. $165 S4andpipes not a part of automatic suppression svstem F']an review and i.nspection $165 Page 12 of 30 Uther Pratection SvSI(:Iii9 Firc estinIIUishing svstcm (uitler than sprin}:lersl - S 5i plus_SI_50 ncr nu-tzle StandpsQc instalintion Claas I and Class II $ 6t, Class 111 77 Tunk inmllation - pcr tank Flammablc and combustiblc liquids - swtap-z tanks installation ~ 70 Hnzerdous materials - storrne tanks inscallation $70 Liauefied petroleum $70 Ga5cous oxygen systcms $ 7Q Nitrous astems $ 70 Me ical gas svstems 570 Hszardous materinl recvcling astems $ 7U Vap2r recov rv svstem S 70 Cryoaenic $70 Remova! abancionment or an„v combinatioi~ thcreof of flammablc or combustililc liquid stvregc cnnks Emergcncy c±.r stnndhy commercial power genenit~~r install S 70 P iIS CUr,ditiona; I.;se Yrn~'iil S 70 Temnornry Use Pcrmit $70 Tents/cxa opy Pcrmit S 70 Event Permit TBD Pl,.-".K5 CHECK AND REVIEW BY'('HE BUREAU QF FIRE PREVGti"i IC)ti ~ NCF~' C~omiTiF~itd L?~~.I's c~:~~l•: ~=rtri 1►',~~ic~~lin'; ~i+_~r• I~P~►C^.(ti F'Le._iilE,iU_mC(l Cti--:C.~lr_:_e-~: LPiNU USL• SubclivisiUn!Pt:J► Preliminua S 14!1 _ Final S 7ii Short at Preliminaa $ I 4 ti Firial r 7() ~ Page 1 i ef 3 0 "Owd ttlti--3 -BU' I-LDIN G . . - ~e of appkil ~ Plan Hview-€~es~ efe-~~srt~-~'r~Tf: i~t-t► ~~cin:i-?-?c`t'~-it:~-ti}eT-;~;4:cr--~:t~::tfi-~eC~ ~F~:<>~~;'~=c~--~=t~,ii--t°--iY•~'ei~c-:-i~~~~3f:- ~~'t,'-r~ttiT {►t'rT_4~C J::+~;+:~ti4t.7:~..~~Ct~~-:tiG':T `r~:~tFjrC:~ i t!ppliee'ftr--L-vu*}j4e5-~- ~-de -fe~ie~e~ s~xst$ll-i.mpection . - , . e4eteffrkeeomv ..-ettcc!-mifli-appkeelsle eodes: ~ I For r` . . - peffnit - - afe ied--k2F-Eh- fiffle . c . t, - issuffilee r 1•L.a.. C a.. ..Irt „ f • ~ ` G'RSf ; S20.0 }{}}-.ie },0}9 , i. i: - • , , . ettett -ttddiHc►trnl4OO-C-: tt-V'e1-. 1,001--to-1$;889 Firs; , .-Yd.; p1tts36;00 f<►r Cu. Vd: 14;804-4o-M40(iN q 47.00-ft-r-itte-€'trst--1 ni88^vC-H. Vd:-plus-5I:r+:8"Or eaet-sdditiettat4A;O#$-C-a.-N'th 49Ai8Mc-ic► ?'Wft)N S.168:98--fot-the-#"trs 100,000 . ' . pitrr4,-V. QO;090 Fu-Vd. ZOp&Ng-or--nttwe 5503:00 _ as-1'.-p}ug ISI.A.Jo ~ Pil',[ 14 lli 31) ,9 0~f r-4 t'S" 1i(f4tt` 5l-ftl--l-E~ &Q4)44 10 1-Ee-1;600 620,410 -N)9i-io-i-9;99A W. :00 AO-ei io WO98 5~5:(141-~~t~~i^s~-N~4lt~l~?'~:-~r~t~s :U~~•. . ,001 to 290,00 $98:09-for4 . . . 4 d, ~.}:;4-~,~>:4►(► eReb-'REifr:i:r,ii:i} }VOAitilll=i's.- : Et. 200,001 or-niere U5"4 6 T) u Page 15 of 1U t;~FlWC-T-URAI6 CODE . pf,~~ sei-Er-,#:e-€~•~ing-fee-x~ti+lc. lY'~e-m64r-tje4tw,-6ta-be--id--t-# ,.defefm . ~-leek-€ecs- . . ,~t-lP,--~-e~ic~n=--~-r---t#~e--ti=t~#cf,z►-f~~#-t~-t~, n. ~,~...°--~-~tesi %-alum +en--dfi::: 1=ALi~trt+=-fi-rli{~ Lytrr-~..:,. -S~.t..fi :r"r. . °i'.-.... ii.ici---it•f:i:. . . ~ . ~fri]1, t~-r-~::~4C~-i-i:~?3L`, _~=i:ii• V:flElf:ilC>Tl I :il?k ~{;t}}~ f-Ce _T&tE6_ 'I s 1-#o 52~5;8$9 S69:2f-€st-t#e-€rs! 52,0-pitts-5-1-1-#'c,r-"wt ll tnelud+.n.g. C9215;900 ~~AA~-fe-~5~,800 5391.2.4-For4he-rip-s! 325;094-ryIM-3-10.1-0-Fer-eseb Avg -0 ~.j , P-4e-s~~ ep incitidi ig3%-89(~ SS_0-04l-4Q-S4-80-,000 _ , eh mmobional ,900, ios-!#eeef-,-Uprf"nd ittel t~din gS 100;000 5448,0014eS.500,000 p1m-S5.-68-€ere#~ adt4iiiesa , , fi , ~ includh2g§509,080 &3j233.!754;Br-4he- SM04,M-plus S . , er~eaeh ftddittanal S1,0_01?,--er-frUMtset-A.-M.ef,-u$-te-sind ieelttding-~88;09A . . 000 S5-,f4M-.7.44, , adc#fiional-S-I,000; er-fmrtion-thcrecif P-ew-gle -gstges(wood-€perQej S4400 Pak-htti{dings S119.00 Aflea-c'Rt*perh'deehis-,pareltes S-1-5:0 -E~e~-l~e~~iek ia~s~rett~-frerr~#t~-€e~-sir~t~e-~rojee~; . , . y-r~if{e~t' . sseeimed - . , 9200 shall be eelleefe *L- jMe of eeacg City ~ . T. :u>{i" . . _ . . . . ' _ _ . . " . . 'i. . . . . Pafc 16 of -I 0 ..c ~L - i' _ • . _ !c . . - . '~r_ ~tti~ i~ffi~ -~eff23li--~ r r.rttr;-iciir.. . _-~•.:'~---~.:.r-.`.t-~--~_ . ; . --c-~r.-c.-,. Adilit'tL1Yt'T- 65►i%o ~~`tfftti-~et• 1- 20 40% Of bidg plrmk-ftt 65% 0f Family 8,000 T ~ 245% Of-b}ti--ph FfETii f4`E' barns, eiev) W9 , 26% OF 1-1.11~(femfitwke ~ . ii~_;-.:;,- . -i_.- . _ :-:~:-~.=::i - .-:i.~:5: .rA . ~~i',_ 1:.._ . ~ . ~ the ldtf}g Offleial-`-~.~-$i~~?% - j:- ~~•4 ..r ' ttt'S78:00'will bei'~~-: 1 1 Y'Tf4'-~ ll~=i:!:~=ti t•, :}~r-~s~~•I". _ 4-'~ ;..~t ?I~r ,..:tt ~~_.c. :~~c-: ~~~lc-.}. ~•ii: :,~;:-?:•C-:-~~ ~-i.:~.:,;`:•, _ ;-r-:.... ~:25iP ~C•[~ t`fft}i i-) $ssie fer~eatrk-sup~sketee4o-~kFnvk S^.c R, -t-i flou ..-.it~q--'r-i!tt`}-:i1'•ffi;'_ g E-r~rrbe+zlr€kii+ tkwkcr"nagei-fimitj-l7r4-.-b ttili •i~ wEit e-P ~c~t~~walc~t~i~a,~. . :s~t:.. i~=-. ~•ii~~.,;~}~::i-. _ et4`~ ~ PrivatP-6~M,{i~LOP{~{jtt'~::t':'~~t-C71 ~~~L•~~~~ ~ ' ~6~ Nb.4 W 4) I enebHUng-i r fi F; Ftepair-er al4tralle r f,r+eni piphne t►3 -~E~~r~-i~-~rtee~~4~ S6(19 Ent;: 7) $ttekgot-preteeEn^tdevk-e-tfEht-r•fly4n ~(r.~~#1 ~:rt•,~ ::~t~c.»~#+e~~-~+-~k +-a~Kt~-#~r~t~~.~-i•ti Pagc 17 of 30 Mttj'.,.':ti ~iT.~#4) }~-c-~+i,i~c~: f'agc I S t+f 30 4itt-frih4ifi$is " . si-it'tF-tiM~S~$-i~sF-1i~~r. ~ ' 'r~~ . . - --t -=-•:i-:t-?- eede .Y - A, $S5l~"~et'b ~ f : -Etrs[trlhttien-2~!' reteeg"n a. ep4$*nd4nc4udlsg-Mf009-~e S 12.110 t;: evcr-1AA,AA(►-bw 5l-5:A)+1 3) ~ th 8404-EeM b: e w e. Av@F~W1!i f-~O:4s~f 4) Ges - 5-~►:~.~' ~ , releeniies-, S-18;041 rcp4aeemtn1 83 Repai+s-er-sdditiens • 9) $ailcMsystems ~ 4~e-~-~~---~0 ► ~ ess 13: , e S20.03 r ~ ttWiM ~~t► ~ cL , -Ea4r MR98file e: e3ver38-hp-ever-1. 4:904-bte }(H Mr-Hsndtm f!: E4~1tii itp to 10,000 f ""6 64i.titt dtccls -efm W. 44a oflicr =h:fn €:r;trtth1o 1--l 42) 'ZV a~CT~-it,-iiI1gk'-tii:o ~S LRCQiA[7 f: w Ra-M 44) ineinern 8n TtmRua#!9lr0!"1'L'lQt*N-e.14-idenfi8l 619:01 b: ~esOn'1l2", iets-c~r-re1i>ctt tio "fem mcM-al &212:00 . - eae 44) App6 W knlist isimc t- g: trndcr4tlO,OrW i.tu •;t,:;~~ h: 404-MOO-kt:-<<:-,w-iL-F ~}t►i►.u~~ Page 19 of 30 ` ~ Reffil 4~,pe4 S%..40 b: TVe--~l SM-" 4-7) 1=-ISterage ta~k &1"0 I* W~ S40.4x~ 49) Weed-me+r-sFs _ 4J ~ rNcQrv CnnF 1`$er-gy C-ad@-~~$f4'rr}ic'~:~-~c~-i'- Awse-ete-is-iidd't _ - s~cs--essignc~-Fcr-Veri#i-£+iertv PIaf,=r t' _ , de". . _ f -e~ _ emodellAdditi-an ~--4l- ~e~►-~'tnngk~-Fame~~ S-0- 'Fc~lmiwsrentcrr! A: O-te4 0;888-square-feet sas.99 8 & 100 . S35r.0 Mtdte-Fftmili S" Ft~-~~tw C-, - ia: Ff~tt~ic•ret~~--~txi-incttKtritt} 511~ EYFHFR ~:-1 Ap;~.~ec44k-ff-.A W:00 S~k-Fami3y-}tesideece 644:00 ings fiQ5-08 6srrage-dt sx~~snerr-~eri~e~leg-sss~e~t~•w~ilrfl S20:00 sidenee ~ F.~~i-~e~r~ -~~rt?~{~t~ie~ ~5~ A~t~t1~-~t-~i•r --~a~c~c►~- . . N~ett~-elE~:tn-tr~-- -;7 , ttee-M "BvC@mE-e~a c 460 4---P~ . , n'r.,T- S200 5-Let3-g-dttrn ioter large-prejec€; c 1cn F'age 20 of 30 ~z I 1r} fl}l "~-::i:iii:i:::}T :f 4iit"~i:. -t'evl~~ eddit+v" 4-€ec-6-W €ew efte#t-alditi oft a!-3-~-eys-ti".:ti t#erevf. M••lEl(){t l.'tiC t:ilfi ~U}}a-{I~tt`~il►,t=-~ff`:'i::ii~-~i3fr~i itt~'l:iCl :.'tirJi:ili:z:: Sigfl~- 1lf`~i_"~S~~~,1 1 T'CC7TC[tR'tC~'~t~"~i1JllsrT'y~..RZ~~ai'sst3..~.t..r.-....~ ' titi~.E}il ~ n WW{9O ' 'ng-Eock'Cet~! . ;Ii,;,e ~ ...;-;-_;r i•::-: -4~~~::~-c:-,= _ I_ , , , pfajeeit,, =i_ 2. . -sr':i?- :4t =-if)t:2 Fh`- iL-~-4+~_t'~?E-~4~~~Gll~-c~.F., ()THl-:k `+llSE'f.!_I:AtiVt)US FF1•:S liourly raj{`'3C+ff71 _ J• tqlTCi'fiitic specifirt t i , ~ Vli~silIIiSMppG 1~^' $s ~{8tt#')-1'@t't931Ai`Qt`ted-iclt`k`s ~~t`';~ ` • t- FL., }}9i}SeAtUFing-FeC -r, -uui 'rW-ME3i=ing-:ti`r'mit SWO{1 4) C-las3 1, rtL Gms > 11> 3) P"4ml~E~c~~i~--SI~~:~ Eeunty-at-Sp ~ . . frR.~-~e+~►tf~ ~ . _r _ ;f:. ::-.:r: C ~~rt~)'~i-fei'r:-fiF-~~i~itYi:ii'i-rti-~+Eii~t~:i:~_-i~t{{:r•::;-: Pa6r 21 af 30 ~i~et~-t~-t~es~igk~~e-itt4~eet+~>tr-fi~ ~~+~1 2) f i!lega~w~ork-eeeest Excess , ..r~.8.BQ Pe "mfix~eflen-er t-he-dc-,Aeper; evr-ner-er-ee$~reete rc-4ftpft4i°ft . . review ins~ (ft pr&jee~4"g te#e-r'sdastien . ~ ~}s~s-e~erk €ee phmts e"m4eei#en 2) $ssie penni-kft- . . ~~~ininmm ~3~8A9 5#)0 gflHftre4 S5G:00 Wu"4~~~ -!#e-~ve!ttf~,jeet=---'►*fAftn- r-rv iew c*c'-0,c#~-eef N: ~e--~f-i~crt~iis-~ee-~8 ~ tn4ess-pIRnv*re-wb"ted-fat~rc4=iew 0: Change-ef-Use-ar-Aeeufla~t-f-~+~,st~te~tt~e~-~c~+ii ~c~c•rt;-t'Il'F:3~-~Bfili~;-:}l4EE'f~;lf2S N4-2'C':72fit F-ee fCi't2t:L7s ATftAvie~':il'"tte'1%V[7l'TT~'~i`:•:si~_...~t`S~{~Liizfti"~7'~LS~~ItSa~~h ~S:C 7CC~~ICS't - E~: iog-8#~"tc: . peligne--Valley 4;,. ~e-titf-m•' c1 PfWOVe4-sheH aY~€-t~~ . . . =t-taLPeFmi{-Fee-p • - wKu:l tfq-_-Pitrmbing efte4-~4er.~lt~n+~~Fe~►it-fees-}}aid-t F'agz 22 of 30 RRE , • C i I1::':~"'ii. ..i-..{r:itr, ~ , . ~ . e Tfs -'.",e:: •.'t" ) Ft!'t Altii'm-sii'3Wti w A,1'.' riad-rv0 e,`FE` ~ t :•t _ ~ . 104 c ~ - 30 1 Ann c•~~: an~ cr►n c"l evr r 6590 _l C31.~~r L.,_., i 500 r ---F9fy~eltkt-~~~-t3~~i"~=.~~-f~~'t~i=-~~~r~`-~`~-. - L 3-t39eelE'S c ~ nr ~ o .~'ro crriv r ~ - . F~it•c~ !'~:t~~~; lii>tzill:::i~~:1 ~i:ifrt~fi3t~t-4-iif){--~~}:'ti=c-ti~-::tt~e:t3i::iti' tit}ji!)3't-~~ii,;} iii~i•f12 Pagc23 of 30 4:lif:f-1~T3~1!ft'l'Y!~'i~ c:r ~ ~..~'tfl~-i~tirz-~}>fctlr{-t3i~icF-E~~S3ti--~~fit'~t'f~j-----•~-~i1 _ Pitts S_t •nv-peF-[i@r;fle _ Cta.~.l..;..,• iu:e'c°i~ _ r•i„«_~ a nt n ~g _ ~e~~ rrt c ~n 7-....4 1--a-11tflift-pef-tfmk rt btc eii~a t ~ico~..¢9c~~ .a,. ~n _ __-i t:.,.. . g r 1• _iT[72~YC~~~ ~ .lJl u L+quef'ed-p'r#~~r c It n 60- N'; ~ 6n ~7 P iedii'9l-g8`•-5ysi'Z'f#}5 _ u„ _ao _ . c _ f~ ~ ~ ma. - . abande-i'ment Tc,eu'c':iiatit3E3 ..T+i ni 5. - - g - •t~si~~' ~ ~n gene-pal PERMITs C-,md't1ofsI--1:;ie-Dz _ c r.n T-e~~ersttr17scNr~n'' c ~n ~t M-cleemep,r-P.ein+ E ; ."''-~z-v ~ ~-:=Y,'~°c~: ~ Ti~,.-$ ' . ' 111PRENIE 3 ti iu*peeHen-{#'ei' ---pr'o3eets-m}t--enent3e>r~et!-els~+~h - ~~tli~s~f~L~B .r c:...,t bl26t~-~4af c~=.~s,~,;T~.. • c ~ ~n Mlrv _ r ~ t; ~1 • v1~7C1 Yace 24 of 3J Sc6edule D - PARKS & RECREATIOti ADMINISTRATIVE FEES Basic fees to be considercd wficn applying rates I Admini tratiFe Fee $320.4 r Refuse Fcc SS? 0} w AQuATics Pool admissioa (age S and under) freQ Pool admisaion (age older t6an 5) 511;;' Pool pnncb pssa (25 swims) S2UtO Weekend [amjly disconnt 1 c6ild uader 13 trec with paying adult - Fo~*f+s 4vrimminp l.essons S30 ~ Nof at Sv+-im TeAm Fee S33 ReservAtlon (less tban SO people) S10WW0 Per 6oar" Food fee (I[ appUcable) S25:00 Reservatlon - 100 peopk) 5131ZE-wi Per 6onr• Food tee rtapplicable) S526Mi ReeervAtian (101- 150 people) S1570-.4?t Per hour" Food fee (if apPlicable) S745.c':' *141inimum 1 haurs ~ .4,LCOHOLIC BEVLRAGE PERN11T ~ Alcoholjc Beverage Permit Fee S10:~!-~ I C ENTERPLACF Conference Ccater Wing Auditorium S79h.00 Pcr hour Auditorium S42~50.00 Pcr day Auditoriam 52)63F,FNi Per helt day • Aaditorinm w/PreaentAtion System S15211.00 Per hour Aaditorium w/Presentatiaa S}stem $31~0EHu Per day ' Audjtorium w/Pracntadon SyVcm S15111:00 Per half dgy Auditorium Depnsit $520.00 Executive Confereace Room 552Uka Per hour Executive Conference Koom Deposit S520~E9, Meeting Room (Da} & Evening Use) S420491 Per hour Metting Room $26Y" Pcr dav Larve Mretinp- Ra,m 57.55 Per huur S225 Ycr half daN • ~ Fonru Per 9 hr daN S4SO:w4a Meedog Room $131 ? 5:4O Per haU day Mceting Raan Dcposit $S21}.0{I * Requires rental of presentation s}•stem on page 16 f'akr 2-i oC 30 Great Room Kitchca w/Dinjng Room Reotal S105,0.00 Yer usc Kltchcn - Commerciai Usc (2 6ovr min.) S524JA+ Pcr hour ICluhea Deposit S5211414) Malti-UselBanquet Hall S1604w- Per hour Mnlti•UseJBAaqaet Hnll S840(0)4+ 9 hr sessioa Mutti-CTSe/Banqaet Hull 51,15?i1)4uaQ AIl da3 (6am-lam) Smal1 Dining Area SS2t~ Per hour Drposit $2l0(~4;.8t► Stage $211► Per ecctloa per day Staec ltcmoval 50,,40 Table Settings (finens & tablewArc) 532.01+ per plstce 9etting Seaior Center Wing Launge wttb Dance Floor S10iN.44j Per hour Lounge witL DAnce f'loor S8404WAO Per day I.aunge Deposit 5210(ll+:(3O Mcedng ltoom (Evening lise) $424.0 Per 6nur 1'[eeNng Room (Evening Uae) S131?-5-4►0 4 6r session Meeting Room (Nti'eekend Use) S262-q4:iA? Per dsy Meeting Room (R'eekrnd Use) 5131 24~4u1 Per halt day 111eeting Room Deposit S520.00 Private Dining Room 5520r01 Per bour Private Dining Room Deposit S520.0 Wellaess Ceater S1054.-(Os Per hour lliiscellaneous Cleanup fee 5520-31504) Per event Host/Hostess (atter 6oura) S16~4)4' Per hour Presentation Syatem (indudes projcctorJpodium/ 5262+1010 Per day DVDNCR/AOUnd ay-stem/camera syatem) Room Setup S20.410 Per hour Sntcllitc Video Conferencing 5262.44:191 Per hour Souad Sysiem S42(00 Per day Tec6nical SuPport S4^2(014) Per hour Tcletiision/VCR $795-.1141 Per dAy Touc6 Pad Votiog 5ystem S1211:-4W Base stadon per +$16s day Per ke) -pad per da} LCD Proiertor $25 Per hour Forms S t f)0 Per dai Coffee Sennce S25 tiervice Liaeos oniv SS Table NN'ine alsiss onlv rental Prr lass 5.541"I ~ F'ace 26 of 30 EVENTS - inclndea Pavillon Evrnts include bui are not limitcd to activities such as car shows, tournaments and ectivities invoh•ing 200 0r more peaple. The Director of Parks and Recreation will make the final determinadon. Geaeral Fce S15?W.4-44, Noa-pro[it apptications S831? Or free with sponson6lp• 5.~~~Jlf-~}~^ •i• ; .-i'..- • .1t . .r_r. ~`''..-rcP^-`T it:.. _ .a'-.-._ !ji.. .Li..'--..- ~~v-ul~~.=~--~; FIELD RFNTAL ~ Usc Fec S2E*'z.1-il Finst hour plus S15 eac6 gdditiaaal hour INDUOR USE I Opcn gym Admissloo ,y'2.1:0 Playgronad program udmission (lQ entries) 5214+.04, MTRABEAU Miritbeau 5prings I Small abciter and RAterfall SI570.410 Mauclmum 4 hours Re[undable deposit (less than 200 people) S526;411+ hlirnbean MeadoRs Shelter (leas than 200 people) S84034' Shelter (200 or more people) $151t"P' Re[undable deposit (less t6aa 200 people) S520.W, ltctandsble deposit (200 or more people) S257(.•,"' PICNIC SHELTERS Picnic S6elter (less thQn 200 people) S~501!'.-m' Picaic 56elter (200 or more people) S1576,1isi Refundable depo9it (less thnn 200 people) SS:z i!.t►!- Refundable depasit (200 or mare people) S257'=:41o PROFESSI0NAL PHOTOGRAPAI' ( Permft Fee 5265.O:, Annual RECREATION Recrestion program fees are set to recover costs as sF►ecif'icd in the Purks and Recreation revenue polic}'. PaFc2i aC3U VALLEY MISSION ARENA I Rental* S1054.00 Per weekead Retondable deposit S52(M) 0 "Renter responsihle for on-site preparntlon. Rental requires ltubilitv insurance. Paite 28 of 30 Schedule E - AD11IINIST'RATIVE CUPY FEES Copy of anslio Wpes, video tspes, photos, maps or at6er At cast records needing reproductioa Copy oi written records S0.15 Per pagc ~ Copy - Large format S3:u+? Per page Copy of full docnmeots At cost OTAER ADMINISTRAT[YE FEES I NSF Check S2G' Page 29 of 30 Sc6edule F - OTHER FEES ADULT E1N"I"ERT4IN.%1EtiT FEFS Establishment Licenses I Lh-e Adult Eotertalnmrnt Adult Arrnde S1.5i?Sl~l:,~,i: Ot6er Adult Entertxinmeat Licenaes Adutt Arcadc Devicc Licease 5157(1-.t}ti Maaager Licensc S15?wu+ Eatertaiaer License S157"► Late License Fee - Charged in addition to license fee. Pcrcent ot Past Dae Calendar poys License Fee 7 -30 25% 31 - 60 50% 61 and ovcr 75% Bi75LNES5 REGISTRATlON FEES Business regisvntion S 13 each year Nonprofit registration $ 3 each yrar SEC[:R17'Y FALSF. ALARNi FEFS Rcpeated rnalhinctionir.c securitN f:►lse ularnis in agiven six-month }}eriod. Firat ularm Nu charge Second silarcn Third alarm S740.01: Fourth and subsequeot alarcns S126wuw STORM WA?ER LTILITY CHARGE U1 DEVELOPEb PARCELS Each ainglc-famih uoii each year S21 411 other properties each S21 Per 3,160 square feet S? 4 of impcrvious sur[ace - l Fwma I TOW OPERATOR ANNUAL REGISTRATION FEE OVERS[TFU l.OAD PrRMIT FEE S26== - Pagc 30 ot ?U CITY OF SPOKANE VALLEY Request for CounciJ Action ~ . Meeting Date: DcceiTiber 9, 2008 City Manager Sign-off: Item: Claeck all that ypply: ❑ eonsent ❑ Old business ED ne-iv business ❑ public hearing ❑ infonnation ❑ admin. repart ❑ gencling legislatiqn _ A(:ENDA ITEM Tl"I L+': Mol:ion Consideration: Mayoral Nominations to I'lanning CQmmission GOVI;RNTNG LEGISLATIOV: Spakane Valley Municipal Code: 18. 10 Establishment and purpose. The purpose of the planning c4mmission is to study and make recommcndations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regul<<tions, shoreline management; environmental proCeetion, public facilities, capitnl improvements and other matters as directed by the eity council. Membership: A. Qualifications. Thc tnembersliip of the planning commission shall consist of individunls who have an inlere.sl i.n planning, land use, transportiition, capital infrastructure and building and landscape clesign as evidenced by training, cxperience or interest in the City of Spokane Vallcy. B. Appointment. Members df Che plannino commission shall be nominated by the mayor and eon.frmcd by a majoricy vote of at least four members of the eiCy council. Planning commissioners shall be selected wiChout respcct to political affiliations ancl slaall serve without compensation. The rnayor, when considering appnintments, shaU attempt to select residents who represent various interesLs and locations within lhe City. ~ C. Number of Membersll'erms. Ttic planning commission shall consist of seven roembers. All rnembers shall reside wikhin lhe City ot Spokane Valley. 1'erms shall be for a three-year period, and shall eapire on the thirty-F.rst day of December. }3ACKGRQT3ND: The two comrnissioners whose terms expire the end of this year, indicated ihey woulct not seek re-appointrnent. Current Flaiiniiig Commission Craig ragleston Appniotccl: Jan 200$ Term Expires: 12-31-10 Art Sharpe Appointed: Jan 2008 Term Expires: 12-31-10 NIFtl'Clil Sf1I1dS Appainted: J1n 2007 Terrn fXpire,s: 12-31-09 Ian Robertson Appointed: Jan 2007 'I emi Expires: 12-31-09 John Carroll Appointed: Jan 2007 Term F;cpire,s: 12-31-09 , Fred Beaulac(]g` appt'd Jan 03) Appninted: Jan 2006 Tcrm ExpircLs: 12-31-08 Gail Kuble (lu appt'd Jan 03) Appuinted: .Tan 2006 Term Espires: 12-31-08 The vacancy announcement has beeri placed on the City's webpage, and was published numerous times in the Spokesman Review and in the Valley Ncws I-Ierald. Applications for considerijtion have been received from the following fourteen individuals: 1. Alley, Debra 8. Miles, Dean 2. f3rown, Duncan 9. Person, J. Grant 3. Christian,l,eonard 10. Pouliti, Marcus . 4. deLaubenfels, Allan 11. Sirnpson; Nleil 5. Engstrom, Corey 12. Towey; 1 om ~ 6. Knoll, Matt 13. Willardson, Jennie ~ J 7. Mann, Joe 14. Woodard, tlme orrrovs: 1. Confirm the Mayoral Nominations , 2. Choose not lo eonfirm 3. '1'ake other actiori deemed appropriate by cauncil. I I 12ECON1-A'(ENDEll AC`I'iQN pR tiIOT1UN: Confirm the Mayoral nominations of and to the Planning CommissiAn. BiJDGET/FliNAr\iCTAL INiI'AC'1S: STAFF CONTACT: ?v1ayor Munson ATTACffMF,NTS None l cl~ OF s NoKArrE vALLr.x Request for Council Action Meeting Date: l7ecember 9, 2008 City Managcr Sign-aff: Item: Check al) that apply: ❑ consent ❑ old business ~ new business ❑ public hearing information ❑ admin. report pending legislation AGEiNDA ITFM TITJIF: Motion Consideration: Lodging Tax Advisory Committee Grant Recommendations I3ACKGEZUU'ND: As per the attac.hcd T.,oclging Twx Committee Minutes of October 31, 2008, the cornmittee rccom.mencls the following grant aUocations: Organizaton Amount Requested Recommended AllocaUon Spokane Fair & Expo. $30,000 $18,250 Spokane Reg. Conv. & Visitors Bureau $336,000 $236,000 Valleyfest $50,000 $27,500 Spolcane Reg. Sports Commission . $190,000 $115,000 Spokane Winery Association $9,000 $-0- Spokane Valley Heritage Museum $30,260 $3,254 ~ Subtotal $645,260 $400,000 , CenterPlace S90,000 2090 Figure Skating Champronshrps $30,000 Grand Total $520,000 ' Committee directed funds to be used for creation and distribution of card rack materials. A1locatrons to CenterPlace and the 2010 FicrurE Skating Champronships were prevrously apAroved. OPTIONS: Approve the allocations as stated above and in the attached minutes, or make changes; or take such other action as Council deems appropriate. RECOMMENDED ACTION OR MOTION: Move to approve the following Lodging Tax Grant Allocations: 1) $18,250 to Spokane Fair & Expo; (2) $236,000 to Spokane Regional Convention and Visitors Bureau; (3) $27,500 to Valleyfest; (4) $115,000 to Spokane Regional Sports Commission; and (5) $3,270 for Spokane Valley Heritage Museum for creation and distribution of card rack materials; in addition to the $90,000 allocated for CenterPlace and $30,000 allocated for the 2010 Figure Skating Championships. COUNCIUSTAFF CONTACT: Councilmember Wilhite/Finance Director Ken Thompson ~ ATTACHMENTS October 31, 2008 Committee minutes City of Spolcane Vallcy Lodging Tsx Advisory Committec Minutes of Meeting held October 31,2008 The meeting was called to order at 8: 1 0am. , ln attendance wcre Ciil Clausen, 1'eggy Doering, Taoug Kelley, Diana Williitc, Dan llomrese, Saydee Wilson, Mike Stone, Eric SaNvyer (Spokane Regional Sparts Commission), Mike Canway (Spokane 1'Jinery Association), Erin Gurtel (Spokane Fair & I:,xpo) and Rich Martzell (Spokane Fair & Expo). lhe first order of busine;ss in the meeting was the presentations of the two agencies that were not in attendance for Monctay's meeting. These agencies were: Spokane County Fair & Expo and the Spokane VVinery Assaciation. A swnmary of the presenuitions is as follows: Spokane Countv Fair & Fxpo: Erin Gurtell and Rich i-Iartzell eYplained that fair attendance was strong this yetir despi[e Nveal:er economy and that they expeeted the event to continue lo grow. They would like to ruri tv ads with Norlhwest Cable News and another lac:al news station in order to broaden thcir reitch to potential fair attendees. _ Spokane Winerv Association: Mike Conwky slated that his organizatipri wished to use lodging twx rnoriies in order to print ancl sCock ri►ck cards. `1'his is the sa►nc lhina t:hal his organization lias used tlle rrtoney fdr in the past. He went on to expl3in thai there are a couple new wineries opening up soon :incl that all of the local wineries serve as a bia tourist draw to the area. Upon completion of the presentalions, thase in attendance were invitecl to seay for the allocation ~ deliberations, but those representing t}ic Spokane County Fair & Expa and the Spokane Winery Assaciation declined. The rest of the attendees remained, at wliich point the deliberations began. Each committee member was given the opportunity to list their recom►nendations on a grid. After each member's recommendatinns were included; the results were averaged. 13ased upon thesc avera;es, the committee then deliberated and debatetl whe[her to stay with the averagc or acljust the amounts. After roueh discussion, it was decided to recommend the followinb allocations to Ciry Council: Spokane• County rsir & l;xpo Center $18,250 Spokane Convention R Visitors T3ureau $236,000 Valleyfiest $27,500 Spokane Reg. Sports Cnmrnission $115,000 Spokane Winery Association $0 Spokane Valley Heritage Museum 3 250. Subtotal $400,000 CenterPlace $90,000 2010 Figure Skating Champiariships 30 000 ~ ~ Total $520,000 'Chc committee directed Chat tt►c lodging tax f'unds allocated to the I-Ieritage Museum be used for creation and distribution of card rack materials. ~ Addicio►ially, t}ie committce decided that tliey would like to review the collections of Lodging Tax dollars in early June in order to track how close estimated receipts are to actual receipts. In this way, the cornrnittcc aan decide whether or not to hold a second round of lodging tax anplications or to allocate more funds to the existing recipients. There beino no furthcr business t4 cliscuss, the mect:ing ~a+as adjourncd at 9:SOarri. Respectfully submitted; Saydee Wilson; CPA ~ . i . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Street Sweeping Contract Renewal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3, 2007, Contract Renewal on January 22, 2008. BACKGROUND: The City conducted an RFP process in February 2007. In March 2007 the Council awarded the contract to AAA Sweeping by the following motion: \'ENN' 13Y_iSli\'ESS 2. r4otion Consideration: Streec SweepinR R.ecLuest for Proposals - Johi1 Hohman ' En4ineer Hohmau explained diat tl»s issue was previotuly preseuted to Caiuncil \'uvember 14 and Febniary 20; and that stafr nolv seeks approval nf tlae contract to A.A.A Sweeping in an amouut not to l1. exceed 547307. It 1vas ntored by Couircilitreinbe.r Defrenfiy nrrd secoirdEr1 to mward the contrtrcJ to AA,4 S1t'eepirrg iif arr amorerri not to acceed S473,657 arrd aaitJrar•ize tJre Cit}, :Variager to sign tj1P cotrtrnc; artd frrtirre severr-yeas- i•enewaT optio►rs as pfrovided in tlre RFP docrrments. Niayor Williite invited publiC comment: no couuueuts werc aff'ered. Vote bp Acclamcttioi): In Fm•or: Uizmiinrous. 4ppased: rVorre. :4bsterrtions.• Xoire. 1Wotian ct;r•ried. The contract was for one year with seven one-year renewal options which may be exercised by the City. AAA Sweeping provided a very good level of service during 2007 and 2008. I recommend that we renew the contract for 2009. The annual renewal may be adjusted upward in an amount not to exceed the Consumer Price Index for All Urban Consumers (CPI-U) or 3% whichever is smaller. The current CPI-U is 4.9% for the last 12 months. AAA Sweeping has requested a 2.25% increase as outlined in their attached letter. I recommend that we approve the 2.25% increase. OPTIONS: Award the contract for $490,199.94, or not award the contract. RECOMM.ENDED ACTION OR MOTION: Move to approve the contract renewal to AAA Sweeping in the amount of $490,199.94. BUDGET/FINANCIAL IMPACTS: The contract will be funded by the current 2009 approved budget. STAFF CONTACT: Neil Kersten ~ ATTACHMENTS SPecification section allowin9 Price increase, Pa9es 4& 5. 2009 DRAFT contact renewal letter and AAA proposal dated 10/27/08. 1.9 PRE-PARA'TION CO.STS ' All costs inGUrred in tlxe preparafiion and presentation of tl:us proposal shal,l be wbolly absoibed by the Proponent . 1.10 POSTPONEMEN'T OF PROPOSAL DUE AATE T'he City reserves the right to posipone the date and time for the due date of proposals by anziounci.ng such postponement at any timE prior to the date and time announced in these documents. - 1.11 CON'I'RACT The City's proposed contract, with the terms and conditions, is attached to this RFP as Appendix A. The City expects al.l submitti.ng firms to consent to the City conlzact, terms and conditions, and does not anticipate agreeing Yo any mocli.fications ofexceptions. Any 'exceptions oz modificalions to 'the contract proposed by a firm must be notecl iz► the ' proposal submittal. The City reservcs the right to revise the stated contract terms and conditions prior to contract signature. • $y submittang this proposal, the Contractor aclmowledges that it has zead and . understands the insurance requirersients for this contract the Contractor understands that the evidence of required insurance shall be subm.itted within tera working days following . motification of pmposals being accepted. 111.1 Contract Term • The contract term shall be for a period o£ nAe (1) year vvith seven (7) one-year renewal terms which may be exercised at the option of the contract manager. The contract manager for the City shall bc the City Manager or his designee. _ The contract, shall commence on or about March 1 Sth, 2007, or as dizected by the City. 12eaewals shall coiaa.cide ~Mth the calendaz ycar. 1.11.2 Prcvailing wages ' . Labor and benefit rates will be no less than the .appli.cable prevailing wa,ges (See Appendix B). The Proponent shall camply with all state and federal ]aws relating to the emplayment of labbr and wage rates to be paid. The hourly wa.ges ax~d Uenefits of laborezs, wrozkers, or mechanics shall not be less than the prevailing raze of wage for ' an hour's work and benefits in the same trade or occupati.on in Spokane County. . No payment will be made until the Contractor has submitted a"Siatement o£ Tntent to Pay PrevaiLi.ng Wages." No final paymeni or release of any bond will be made on a Contra.ct Term until the Contractor ]aas submitted an "A.flidavit of `Vages Paid'". . Tlzese documents must be certi.fied by the indiisfrial statistician of the Depariment of . : Labor and Industries and the "owmers" copy shall be in the pnssession of the Ciry. 1.11.3 Compeasation . . The basis og payment will be a fixed unit price. The City will negotiate hourly rates with the Contractor prioz to finalizing a coniract. Site worlt, change order prici.ng, ancl Page 4 ; billing will be based u$on the negotiated hourly rates. The hourly prices shall include everyihing neccssary for completi.on of the contract including, but not limited to fumishinn materials, suppli.es, equipment, tools, frt;ight charges, facilities, fuel, water fees, management, xnobilization, superintendeDt, labor and service, except as noted otherwise in the contract document.s. The unit prices include all appurtenances necessary to compl.ete the wark which shall conform to the best practice }-nown to the I ' firade in desiga, quality, material, and workmanship and be subject to the specifications . , ~ i.n full. . . . 'T'he spaci6caiians shall he construed as minimum. 'Payments shall bE made aftcr rzview, approval, and authori.zahon by the City. , Payriicnt authozization sbal] be conditioned upon the submittal of an invoice settiug forth a breakdown of the costs for work and services that have been provided. . Fri.ces sha11 remain £r,zm for the diuafion of the coAtract. If annual contract renewal options are exezciscd, the Contractor mayTequest an adjustment of the contzacf prices annualty by Jauuary 1 for the following 12 moraths. Such pric.es shall be negofiated by ~ the City and contractor, and shall not hs increased or dccreased by *more than the peicent change in the Consumez Price Ti.idex for A.ll lJrban Conswners (CPZ-[D or-3 "/o whichever is smaller. T)ae refcrence point will be the CPT.-U for NOVember and the , index base period is 1982-1984=100. The source of llais percent cbange shall be the "U.S. Department of Labor; Bureau of Labor Statistics. The prices include all costs o£ servicing of the account, a11 contractual requirements ' during the contract period, and aze subject to the specifications in full. 1.12 SEV-ER.ABILIT~.' Tf any sec4ion, seiitence, clause or phrase ef thi.s RFP shall be held to be invalid, such invalidiiy sball not a££ect the valiclity o£ any other section, sentence, clause or phrase -of this RFI'. 'i Page 5 . Copy, . AAA SWEEPING, LLC , . P. O. Box 624 . Veradale, WA 99037-0624 509.522,1363 - October 27, 2008 Mr. Tim Klein City nf Spokane Valley . 11707 E. Sprague Avepue Suite 106 Spokane Valley, WA 99206 Re: Cost Proposal for Vactoring Service and Sweeping Service far 2009 - Dear Mr: Klein We have received your request fvr cost praposals on both the Sweeping and Vactoring Service contracts. We are requesting a 2.25 percent (2.25 °.o) adJustment of the contract prices fbr the 2009 options. We have based the unit prlce increase on rising prevaUing wage retes, fuel tosts, broom costs and vehicle maintenance. We have attached the follouving'rtems for your revietiv: o Cost estimates for 2009 reflecting our proposed contract price. o A price comparison which indicatcs the unit price and cost variance. o A summary of the current 2008 contract which details invoice amounts and actual hours compieted for each bid item. _ If you have questions regard(ng the attachments, please contact us. We look forward tb working with the City of Spokane Valley in 2009. ' Sincerely, . . • Brett,R. Sargent Member Encs. ~ OCT292008 . ay i PR1CE COMPARISON FOR SWEEPING - 2008 TQ 2009 ~ 2408 2009 PRICE 2008 2009 COST ITEM DESCRIPTION HOURS UNIT PRICE UNIT PRICE VARIANCE ANNUAL PRiCE ANNUAL PRICE VARIANCE - 1 Mechanic,al Swee sr 900 ~141.10 $ 144.27 $ 3.17 $ 126,990.00 $ 129,843.00 $ 2,853.00 - 2 KiCk/angle $to0txtS 200 $ 103.00 $ 145.32 $ 2.32 $ 20,600.40 $ 21,064.00 $ 464.00.. 3 Regeneratiy►e Au SNue r 1200 Z 141.10 S 144.27 $ 3.17 $ 165,320_00 $ 173,124.00 $ 3,804.00': . 4 Water Truck 1200 $ 103.00 S 105.32 $ 2.32 $ 123,600.00 $ 126,384.00 $ 2,784.00 j 5 Dump Truck/Enci Truck 80 $ 103.00 $ 105.32 $ 2_32 $ 8,244.00 $ 8,425.60 $ 185.50 6 Loader 40 $ 103.00 $ 105.32 $ 2.32 $ 4020.00 $ 4,212.80 S 92.80 I . ISUB70TAL $ 452,870.00 1 $ 463,053:40 $ t0,183.40 SALES TAX ON EQUIPMENT 8,7% $ 26 847.02 $ 27,146.54 $ 299.52 ~ tOTAL $ 479,717.02 5 490,1-99.94 $ 10,482.92 CITY OF SPOFCANE VALLEY Request for Council Action Afieeting Date: December 9, 2008 City Manager Sign-off: ~ Item: Check all that apply: ❑ consent ❑ old business ❑X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGEPIDA ITEM TITLE: Motion Consideration: YMCA Aquatics Contract Amendment GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: In 2005, the Ciry executed an agreement for Operation and Maintenance of Pool facilities with the YMCA for maintenance and operation of our three outdoor swimming pools. This was a one year initial agreement with four one year renewal options. This contract was renewed in 2006, ' 2007, and 2008 by the Director of Parks and Recreation as per the agreement. The contract consists of a management fee with all operational costs invoiced based upon actual costs. The 2009 renewal of the Operation and Maintenance of Pool facilities contract was offered to the YMCA with a$1,000 increase in the management fee which is consistent with previous ~ contracts. In 2008, the management fee was $28,000 and the operational actual costs were approximately $235,000. The 2009 managemenfi fee is $29,000. lhe operational costs will be invoiced as actual costs which we anticipate to be approximately a 20% increase due to the . new amenities and features. Staff has an excellent working relationship with tfie YMCA and we continue to refine programming and service delivery to ofFer a quality aquaGcs program to our residents. Staff recommends this contract renewal. It is particularly important for 2009 due to the addition of new amenities and features at all of our pools. OPTIONS: Approve propased contract as recommended. Deny request or recommend a different amount. RECOMMENDED ACTION OR MOTION: Authorize the City Manager or designee to execute the 2009 YMCA Aquatics contract amendment as recommended by staff. BUDGET/FINANCIAL IMPACTS: None. Anticipated inaeases are included in the 2009 budget. STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: Renewal Letter b S C,'r okane ~ valley. 2426 t~. Di.scoveiy Place ♦ SFoKane Valley ti"!A 99216 509.688-U182'+ Fax::509.688-01~8 d parksandrec@spokanevalley.org Parks & Recreationbepartment November 19, 2008 ° RECEiVEL9~~ Steve ]uIrich, Executive Director ~IOV ,2 ~2008 - ~ YMCA ~ . 2421 North Discovery Place PARKS;& R~GREATfO~,QEFI ,Spokane Valley, WA -99216 Dear Steve, Thank you for_a successful 2008 swimming pool season.. I appreciate tfie commitment of you and your staff in providing contr.acted services to the City and look-forward to continuing our partnership. The changes implemented this 'year I feel were yery positive for both parties. .I .would like to extend to you a renewal option beginning January..l, 2009 through December 31, 2009. This off,er is per the terms and co,nditions of the existing Agreement for Operation antl Maintenance of Pool Facilities executed the 13t" day of,April, 2005. I am proposing a management fee of.$29,000 which'is a $1,000 'incr.ease over 2008 and consistent with our previous,discussions as per my Understanding. As-per the original Agreement; all other costs vuill be'invoiced based on ~actual cost. Please sign below to acknowledge the receipt and acceptance of this offer. Please return original and retain a copy for your records. If you have any questions or would like to discuss'further, please let me. know. Sincerely, Michae/ D. Sto e, PRP . Director of Parks and Recreatian • Stev r ch, ce u ive Director . ate _ VaUey YMCA CITY OF SPOKANE VALLEY Request for Council Action . . Meeting Date: December 9, 2008 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: Motion Consideration: Senske Park Maintenance Contract Amendment GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: In 2005, the Ciry contracted with Senske Lawn and Tree Care for park maintenance and maintenance of the Centennial Trail for a total annual cost of $608,681.21. This was a one-year initial agreement with four one-year renewal options. In 2006, the contract was renewed at the same total annual cost of $608,681.21. In 2007, the contract was renewed with an increase of 2%, which brought the total annual cost up to $620,854.83. In 2008, the contract was renewed with an increase of 2% which brought the total to $633,271.93. ~ The 2009 renewal of the Park Maintenance Contract was offered to Senske at the same total annual cost of $633,271.93. Senske has countered with an offer of a Z% increase in cost. This would result in an increase of $13,248.23 to the annual contract, bringing the total contract amount to $646,520.16. The breakdown would be $622,296.00 towards park maintenance and $24,224.16 towards Centennial Trail maintenance. Sales Tax has increased to 8.7%. . As per the contract, cost changes must be justified and mutually agreed to by the Ciry and the Contractor (Senske). Based on a Consumer Price Index (CPI) increase of at least 2% for the preceriing 12 months and satisfactory performance by Senske in meeting the objectives of the contract, staff feels the request is both justified and mutually agreeable. OPTIONS: Approve proposed 2% increase in contract cost. Deny request or recommend a different amount. RECOMMENDED ACTION OR MOTION: Authorize the City Manager or designee to execute the 2009 Senske Park Maintenance Contract amendment as recommended by staff. BUDGETIFINANCIAL IMPACTS: None. Anticipated increase is included in 2009 budget. f STAFF CONTACT: Michael D. Stone, Director of Partcs and Recreation ATTACHMENTS: DraPt Amendment DRAF7' AMENDM H KT TO AGl2EEMEN'I' FOR PRONESSIQ\`AL SERVICLS Scnske Lawn R Tree Care, Inc. Parlt Maintenancc Services Agreement • TH[S AIbfLNDN1I:NT is made [o the Agreement for Park Maintenance Services dated I7ecernber 30. 2004 by fuid beCween the City Qf Spok<<nc Valley, a codc City of the State of Washinaton, hereinal'[er "City" and Senskc I..aw-n & Tree Care, Ine., hereinaiter "Contractor" and jointly re-ferred ta as "partie.s." Pursuairt to Sections C3 of the Agreement; the parties hereby agree to modify the compensation (Exhihit ' 1). Per the agreement, cast changc:s must be justified and mulually agreed to by the City ancl thc Contractor. Aased on a Consumer Priee Tndex (CT'I) inerease of al least 2% for the preceding 12 mont}is and satisfacl:ory performarice Uy Senskc in meeting the objecti<<es of the contract; slaff feels the reyuest is both justified and rnutually agreeable. At the December 9, 2003 City Council Meeting, Council authorized the City Manager to execute an arnendment to the Senske Aarecment. A surnrnary of these modifications is as follows: Contract Amount including Centen.nial Trail Addendum and 8.6% t<<x rate $ 633,271.93 Amendment Amount $ 13.248.23 Amendecl Coniract tlrnaunt S 646,520.16 - , This compensation amendment will be ef•fective as nFJariua.ry l; 2009. '7tie remainder of the Agreement will rcmain unchaiiged. I.N WTTNESS Wi-IEREOr, the parties have executed this Agreement this dtiy of Decernbcr, 2008. C1TY OP SYnKANE VALLCY: Consultant: Senske L<iwn R'I'ree Care,l.nc. lltivid Mercier, City Manager Owner "1'wx lT.) No. 91-09I QQ97 A"fTFST: APP20VT17 AS TO FUliM: Christine Bairibridge, City Clerk Uff ce of the City Attorncy ~ Scosf:e Cuntract rlmendment for 2009 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ oonsent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin_ report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approval of STA Cooperative Grant Agreements GOVERNING LEGISLATION: PRCVIOUS COUNCfL ACTION TAKEN: Informational Memo regarding SRTC Call for Projects utilizing Federal Transit Authority (FTA) 5307 grant funds, February 6, 2007; Study Session reviewing proposed list of projects, February 20, 2007; Approval of list of project applications, February 27, 2007; Information on STA grant agreements, December 2, 2008 Council Packets BACKGROUND: The City of Spokane Valley received funding from the Spokane Transit ~ Authority (STA) for replacing the following intersections with Portland Cement Concrete (PCC). • Sprague Avenue and Evergreen Road • Sprague Avenue and Pines Road • Sprague Avenue and McDonald Road • Indiana Avenue and Sullivan Road • Broadway Avenue and Sullivan Road The total grant amount for all five projects combined is $5,516,000. Replacing the intersections with PCC ensures long term durability especially given the high vehicle volumes and heavy truck and bus traffic these intersections receive. These projects will also upgrade the sidewalk curb ramps to meet current ADA standards to provide, safe access for wheelchairs and visually-impaired pedestrians. We have started the design phase of the first three projects listed above and anticipate construction to begin by July 2009 with completion by September 2009. The last two projects are scheduled for construction in 2010. STA requires that a Cooperative Funding Interlocal Agreement be executed for each project. The agreements outline the terms of receiving these grant funds. Attached is a copy the agreement for each project. Copies of the original Project Grant.Applications are also available if needed. . OPTIONS: 1) Approval of agreements; 2) Provide additional direction to staff RECOMMENDED ACTION OR MOTION: Iulotion to approve the STA Cooperative Grant Agreements for the projects of (1) Sprague and Evergreen Intersection, (2) Sprague/Pines ~Concrete Intersection, (3) Sprague and McDonald Intersection, (4) Indiana and Sullivan ~ Intersection, and (5) Broadway and Sullivan Intersection. BUDGET/FINANCIAL IMPACTS: These five projects and their associated STA grants have been incorporated into the 2009-2014 Transportation Improvement Program (TIP). The total amount of city funds used as local match for these grants is estimated to be $1,130,800. The three projects scheduled for 2009 are included in the adopted 2009 budget. . • STAFF CONTACT: Steve M. Worley, P.E. - Senior Capital Projects Engineer Neil Kersten, AIA - Public Works Director ATTACHMENTS: STA Cooperative Funding Intedocal Agreements (5) i . i f ~ Cooperative Funding Interlocal Agreement 1) Agency: Citv of Spokane Vallev 2) Contact Person: Steve M. Worlex, Senior EnQineer - Caqital Prolects 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. Sprague Avenue. #106 Sqokane Valley, WA 99206 6) Project Description: Spraque and Everqreen Intersection -The intersection will be reconstructed with Portland Cement Concrete. • 7) Project Costs: PE: $110.400 RW: $ 0 CE: $110.400 Construction $912.200 Total Cost: $ 1.133.000 8) Project Revenues by Source: STA Coooerative Grant S 900,700 SQOkane Vallev S 232 300 TOTAL REVENUE: S1.133.000 ~ 1 Page 2 of 2 9) Project Construction Year. 2009 10) Fund Demand: Anticipated date(s) of reimbursement: Request: Seotember 2009 Amount: $900.700 $ STA will pay after the work has been completed and certified by the respective agency s enginzer. Billing should be limited to reimbursement requests of no less than $ 50,000, or may be requesied for completion of each phase as long as the amount requested does no4 exceed 79.5% of the total spent to date. This agreement is entered into this day of 2008 between Spokane Transit (STA) and Spokane Vallev in an amount not to exceed S 900.700 or 79.5 percent of the project total, whichever is less. Sqokane Vallev agrees to follow all local, state and federal requirements for the project and certify same to STA upon project closeout. All projects are " subject to prior STA approval of final design and location. Flecrse note tylat tlris project is sr.ibject to .,S'°I'A Boarcl approval in tlie annzral btcelget und is ut tyteir di.scretian. By: By: Name: Susan Meyer, Chief Executive Officer David Mercier Agency: Citv of Sqolcane Vallev Date: Its: City Manager Date: i Cooperative Funding Interlocal Agreement 1) Agency: City of Spokane Vallev 2) Contact Person: Steve M. Worlev. Senior Enqineer - Capital Proiects 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. Saraque Avenue, #106 Spokane Vallev. WA 99206 6) Project Description: SaraQUelPines Concrete Intersection Proiect - SAraaue Avenue at Pines Raad east and west apnraach lanes of the intersection will be reconstructed arith Portland Cement ~ Concrete. ' 7) Project Costs: PE: $75.136 RW: 0 CE: $75,136 Construction $591.728 Total Cost: $ 742_000 8) Project Revenues by Source: STA Cooperative Grant $589.900 • Sookane Vallev ~152_100 TOTAL REVENUE: S742_000 \ ' ~ , Page 2 of 2 9) Project.Construction Year: 2009 10) Fund Demand: Anticipated date(s) of reimbursement: . Request: September 2009 Amount: 5589.900 $ STA will pay after the work has been completed and certified by the respective agency's engineer. Billing should be lirnited to reimbursement requests of no less than $ 50,000, or may be requssted for. completion of each phase as long as the amount requested does not exceed 80% of the total spent to date. This agreement is entered into this day of between Spokane Transit (STA) and SAOkane Valley in an amount not to exceed 589 900 or 80 percent of the projec# total, whichever is less. Sookane Vallev agrees to follow all local, state and federal requirements for the project and certify same to STA upon project closeout. All projects are subject to prior 5TA approval of final design and location. Please note tlial lhisprnje.ct is subject to SIA Board approval in the anntrcrl bzcdge[ und is nt tlreir discretion. By: BY: . Name: Susan Meyer, Chief Executive Officer David Mercier Agency: Citv of Spokane Vallev Date: Its: City Manager Date: i • Cooperative Funding Interlocal Agreement 1) Agency: City of Spokane Vallev 2) Contact Person: Steve M. Worlev. Senior Engineer - Capital Proiects 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. Spraque Avenue, #106 Spokane Vallev, WA 99206 6) Project Description: Spraque and McDonald Intersection -'fhe intersection will be reconstructed with Podland Cement Concrete. ~ 7) Project Costs: PE: $102,160 RW: $ 0_ CE: $102.160 Construction $864.680 Total Cost; _IJ_.S.t69_.0.0.0 8) Project Revenues by Source: STA Cooperative Grant $ 849,800 Saokane Vallev $ 219.200 TOTAL REVENUE: $1.069.000 ~ / . . ~ Page 2 of 2 'r 9) Project Constructian Yeat: 2009 10) Fund Demand: Anticipated date(s) of reimbursement: Request: September 2009 Amount: S849.800 ~ STA will pay after the work has been completed and Gertified by the respective agency's engineer. Billing should be limited to reimbursement requests of no less than $ 50,000, or may be requested for completion of each phase as long as the amount requested does not exceed 79.5% of the total spent to date. This agreement is entered into this day of - , betwesn Spokane Transit (STA) and Spokane Vallev_ in an amount not to exceed S 849.800 or 79.5 percent of the project total, whichever is less. Spokane Vallev agrees to follow all local, state and federal requirements for the project and certify same to STA upon project closeout, All projects are subject to prior S7A approval of final design and location. Please note thnt thisproJect is,ri.rbJect to STA Board npprnval in tlre ar1nual budget mrd is at lhcir discrelinn. By: By: Name: Susan Meyer, Chief Executive Oificer pavid Mercier Agency: City of Spokane Valley Date: Its: City Manager Date: , i Cooperative Funding Interlocal Agreement 1) Agency: Ci#y of Saokane Vallev . 2) Contact Person: Steve M. Worley. Senior Enaineer - Capital Proiects 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. SpraQue Avenue, #106 . Spokane Vallev, WA 99206 6) Project Description: Indiana and Sullivan Intersection - The intersection will be reconstructed with Portland Cement Concrete. ~ 7) Project Costs: PE: $125,773 RW: $ 0 CE: $125.773 Construction $1,090,454 Total Cost: S 1.342 OOQ_ 8) Project Revenues by Source: STA Cooperative Grant $1.0£6,900 Spokane Vallev S ' 275.100 TOTAL REVENUE: $1,342,lL ~ \ Page 2 of 2 - 9) Project Construction Year: 2010 10) Fund Demand: Anticipated date(s) of reimbursement: Request: Seqtember 2010 Amount: $1,066,900 ~ STA wip.pay after the work has been completed and certified by the respective agency's engineer. Billing should be limited to reimbursement requests of no less than S 50,000, or may be requested for compietion of each phase as long as the amount requested does not exceed 79.5% of the total spent to date. This agreement is entered into this day of , beriveen Spokane 7ransit (STA) and Spofcane Valley in an amount not to exceed $1,066.900 or 79.5 percent of the project total, whichever is less. Spokane Vallev agrees to follow all local, state and federal requirements far the project and certify same to STA upon project closeout. All projects are subject to prior S7A approval of final design and lacation. Please Rote tha( this profect is subJsct to STA eosrd approval in tho annual buclget arTd is at their discretion. By: ' By: Name: Susan Meyer, Chief Executive Officer David Mercier Agency: Citv of Spokane Valley Date: Its: City Manager Date: / J Cooperative Funding Interlocal Agreement 1) Agency: Citv of Sookane Vallev 2) Contact Person: Steve M. Worlev, Senior Enqineer - Capita) Prolects 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. Sqraaue Avenue. #106 Spokane Vallev, WA 99206 6) Project Description: Broadwav and Sullivan Intersection - The intersection will be reconstructed with Portland Cement Concrete. 7) Project Costs: - PE: $119,800 RW: 0 CE: $119.800 Construct➢on $990.400 Total Cost: 1 230,OQ0 8) Project Revenues by Source: S7A Cooperative Grant $ 977•900 Sqokane Vallev $ 252 100 TOTAL REVENUE: $1.230.000 - \ ; ~ . Page2of2 9) Project Construction Year: 2010 10) Fund Demand: An4icipated date(s) of reimbursement; Request: September 2010 Amount: S977.900 S STA will pay after the work has been completed and certified by the respective agency's engineer. Billing should be limited to reimbursement requests of no less than $ 50,000, or may be requested for completion of each phase as long as the amount requested does not exceed 80% of the total spent to date. This agreement is entered into this day of , between Spokane Transit (STA) and Spokane VallM in an amount not to exceed $ 977,900 or 80 percent of the project total, whichever is less. Spokane Vallev agrees to follow all local, state and federal requirements for the project and certify same to STA upon project closeout. All projects are subject to prior STA approval of finsl design and location. PleasQ note that this praject is suhjQCt to S7A Board approval in the annual hudgat and is at their discretion. By: By; Name: Susan Meyer, Chief Executive Officer David Mercier - Agency: City of Spokane Vallev Date: Its: City Manager Date: - CITY OF SPOKANE VALLEY • Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation ' AGENDA ITEM TITLE: Prosecutor Interlocal Agreement - Memorandum of Understanding Clarifying Cases Covered. GOVERNING LEGISLATION: RCW 39:34 PREVIOUS COUNCIL ACTION TAKEN: Approval of the Interlocal Agreement with Spokane County in February, 2006. BACKGROUND: Spokane County has represented the City as its Prosecutor gross misdemeanors, misdemeanors and infractions over the past several years under the agreement. Several cases have come up recently that were violations of City code, but which are different in language from similar RCW provisions. In reviewing the contract for services to determine if this was an issue, it became apparent that there is language in the contract that could,be interpreted more than one way regarding such cases. In an effort to resolve any ambiguity as to what cases are covered and which are not, if any, the ~parties decided to draft a Memorandum of Understanding clarifying these issues. This has not created any difficulties to date, but the respective staffs wanted to resolve it prior to there being a problem with a current case. In shoR, the MOU recognizes that the City has some criminal and infraction provisions that differ from state law. - It clarifies that any cases arising from such charges would be included under services provided under the interlocal agreement, except two specific types of cases: zoning violations (code compliance cases that can be charged criminally as an alternative to our Notice and Order provisions), and adult entertainment cases. These are exempted out because they invariably take a tremendous amount of time, and are vigorously defended. The parties can still agree that these cases will be handled by Spokane County, but it would be dependant upon their staffs availability for such a large case. If they cannot prosecute a case like this that came up, the City would look to contract with another entity or private counsel to handle the case(s). OPTIONS: RECOMMENDED ACTION OR MOTION: Council consensus to place this item on the December 16 agenda for a motion consideration. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, Deputy City Attorney ' ` ATTACHMENTS: Draft Memorandum of Understanding DfZAFl MEMOItANDUM OF UNDERSTANDING 'I`his Memorandum of Undcrstanding (hereinafter "MOU") is entered into by and beriween the City of Spokane Valley (hereinafter "thc City"), Spokanc County (hereinalier "the County"), ancl the Spokane County Prosecuting Attorney (hereinafter "the Prosecutar"), sometimes referred to jointly as "Parties". WITNESSETI-I: WHEI2EAS, the Yarfies enterecl into the lnterlocal Agreement for 1'rosecuting Attarney Services i.n the City of Spokane Valley (hereinafter °the Interlocal Agreement") on March 14, 2006, adopted by the Bntud of Commissioners for Spokane County under Resolution 6-0194, wliereby the County and Prosecutor would provide prosecution services as sct forth therein for the City; atid WHEREAS, the 1'iuties cletermined that the languabe in SecCion 1, Recitals and Findings, and rxhibit I of the .Tnterloaal Agreement, creates potential ambiguity as to whether all inisdemetu►ors and infractions charged within the City limits would be prosecuted by the C9unty and Prosecutor for the City; and VVHEREAS, it is tMc intent of the Parties to clarify that the Tnterlacal A?reement includes prosecution of all misdemeanor, gross misdemeanor, and infraetion offienses charged witkiin the corporate lirnits ofthe City; except for cases arising from violations of the Citys r.oning cocle ancl aclult enlertainment provisions, which may bc }iandled on an hourly basis upon agreemenl of the Yiuties; and THEREFURE, the followinb unclerstanding is a&Teed upon: 1. karl=ies. The Parties to this Agreement are the City of Spokane Vllley, the Spakane C J County Prosecutor, zind Spokane Count}'. 2. 1'urpose. The purpose of this MOU is to clarifj, the intent ofthe Parties as towhat cases were to be covered by die Interlocal Agreement esecuted by tfie I'arties on vlarch 14, 2006, and which was adnpted by the Spokane County IIoard afCommissioners under Resolution 6-0194. 3. I"erms of the Memorancitim of Unclerstandin~. a. Section I(d) and Exhibit l shall be interpreted to meet the intent of the Yareies so that the Interloc;al Agreement covers prosecution of all misdemeanor, geoss misdemeanar, and infraction charges aris'tng within the corporate limits of the City under the cost allocation formula sec forth in Exhibit 2A and 26, exCepe as specifieally set forth in (b), below. Provided, the terminology "prosecution" shzll not include the defense of any constitutional challenae to any City Ordinance unless specifically agreed to hy ttie Prasecutor and City on a case by case basis, b. Prosecution of cases arising from violations of lhe Ciiy zoning code and adult entertainment Codelprovisions may occLrr on writlen aaReemen[ oPthe :E'arties, ancl an_y such scrviccs shall be provided under the cost formula set fortfi in Extiibit 2C. Yrdvided, the terminola*v "prosecution" shall not include the defense of any constitutional challenge to any C;ity zoninb cdde or adult entertainment ordinances/provisions unlcss specifically agreed to beriveen the City and 11'rosecutor on a case by case basis. gged. All remaining provisions of 4. Other Pr visions of Interlocal Agreement fZemain Unchant the Tnterlocal Agreement are unaffecCed by lhis MOU ancl continue in fiill force and effect. , 5. Effective Date. This MOU shall be in effect the day following the date the last sigiature is affixed }iereto. ~ J vlemarandum of Understitnding, Clarify Prosecutor-Tnterlocal Fage 1 of 2 DRAF7' City of Spolcane Valley Spokane County Prosecating Attorney L7avid Mercier, City Manager Steven J. Tucker, Spokane County Prosecutor Date: llace: ATTEST: Christine f3ainbridge, City Clerk . APPRQVED AS 1'U FUHJM: OFfiec of the. City Attorney Board of County Cummissioners Spokane County, Washington ~ 13onnie Mager, Chair Todd Mielke, V ice-Chair Mark Richard, Commissioner ATTFST: Clerk ofthe Bozud • Daiiiela Erickson llate: MEmorandurr► of Understandi.ng, Glarify NroSCCUt4r Interlocal Page 2 of 2 • v • 17eturn ta: llaniela Frickson, Clerl: of the i3oard Board of County Commissionerr 1116 W. Bro;tdway Spokanc, Nvusnitigton 99260 l1V`CEi2l.OCA.[. AGltEEMTNT FOtt PROSECUT .fI~G AfiTO1VI~EY SFRVICL•S IN 1'13E CZ'i'1' OF SPOKANE VA:LLEY (,Tanuary 1, 2005 -llccember 31, 2005) 6 0194 TlilS AGREEVI.CIN'T, made and entered into by and among die Sliokrtne Couiity d'rosecutinb A.ttorney, having offices for the Iransaction of business as I 100 West Mallon, Spol:ane Washintgton 99260- 0270, hereinaRar referrEd to as "Il'1tOSECUTINC, A'I"fOR,~EY," Spolane County, a political stibdivision of the SLice of Washington, having offices for the transaction of business at West 1116 Broad~vay Avenue, Spokanc, 1Washingt'on 99260, IicreintiJler rcferred to as "COllNTY;" together someames reCerred lo along with the PROSI:CU`I'fNG A17ORNEY fls "COWi "CY," and the City of Spnkstne Valley, a mtmicipal corporation of the State of Washington, having offices for die transaction of business at the Rcdwaod PI=►, ~ 11707 rast Spragiie Avcnue, Suile 106, Snokane Vallcy, VVashinn on 99206, hereinafter reCemed to as "CCCY," joinily hereinafter roferred to as the "PAFtTIE-~S." °fhe PROSEGU'I'l.h'G ATTORNFY; COUN7Y a„a crTY agree as follows: S'FCTiQ\' NU. 1: RF,CITAL$ Ai\`D F11YD[NGS (n) "fhe Aoard of County Cotilmissioners of Spokane County fiAS the care n1' COUNl'Y pronerty and tHe management of COUNTY funds and business under ftC1V 36.32.120(6). (b) Counties and cities may contract with each other to pe{form eertain funclions whieh each may legally perf'orm under chapter 39.34 R.CW (Interlacal Cooper-'ntion Act). (c) - Thc City of Spokane Valley pursuant to the nrovisionS RCW 39.34.180 is responsible for che costs incidcnt to (1) prosecufiqn of misdemeanor nnd gross misdemeanor ofi'cnSCS %,.,hich i►rc violations of state siatutes that occur within its jurisdiction and that are commiaed by adults, traflic offenses conuzlitted by juvcniles pursuan1 to RCW 13.04.030(1)(e)(iii), and (3) mistlemeanor or gross misdemeanor affensts which arc aviolatiUn of City of Spok.uie Valley ordin7nces and committed by adults. (cl) The Gity of Spoktine Valley desires to utilize che scrvices of the Spakanc County PROSI:CUTING A'17TORNFY for the purposc of prosecuring cases where tlie charge is (i) an infraction; and/or (ii) a violation of a stace statute punishable as a misde•meanor or gross misdemeanar oPfense commirted by an adule; ancllor (iii) A violation oi'a City of Spokane Valley aoning nrdinance punishabie as a misdemeanor, all of which accur within the jurisdiction of the City aF Spokane Valley ajid which nre Corwarded to the 'k'KOSECUTING A"["fORNEY, hereinafler referrcd to as "Pi•osecution Services." ~ Incerloz:al Agrcr.ment, Proseculor Page I of 20 C06-17 r. • , SFCTIQ\' NQ. 2: nErI1'T'1`InNS • l~~ (s) A,~reemcnt: "Agreement" means this lnterlacal Agreement between the CITY and COUNTY rcgarding public dcfcnder le~sl scrvicc.s. (Ij) . Citv: "C1TY" means the City of Spokane Valley. (c) Countv: "COIJNTY" incans Spokanc County. (cl) Maintenance ancl Operatians: "MAintenance and Operation5" and "MR0" shnU ttiean (I) those class cades (3000-5999 nnd 7000-9999) used by Spokane County in its budgetary process tis prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are direcdy a[tributable and proportionate to services rendered to CI"i"Y under [he terms of this Agesment. (c) Services: "Services" mcans tha.CC services idcMified in Ex.hibit l. . CompQnsatien: "Compensitian" means that methodoloU set foil:h in Exhibit 2A, 213 and 2C used to establish the amount of money which the CI'fY will >>ay the COl1iNTY for providing Services. . (g) Capital ]mprovement: "Cnpitit) lmprovement" shall mean any expenditure in cxcess of $1999.99 or such highe'r fieure as set by the COUNTY as the capitaliz.ation threshold during the terni oF the Abrcement. The COUNTY shall give thc C(TY advance notice of any increasE in the Cnpitalivitian threshold. The PAR'fICS iiprce to meet and discuss che impaets of any chFinge in the capitali&ltion threshold which will cause an increase of costs to I.he CITY ir► excess of SSO,OQO.OQ. Any such ~ expenditure will be coded as provided fqr in the BA.RS-manual adopted by the State of 1►Jashington under RCW 4183. (h) Uncontrollable Circurnstances: "Uncontrallable Circumstances" mcans the following events: riots, w,1rs, civil disiurbances, insurrections, acts of terrorism, external fires anc! (loods, volcanic eruptioitis; lightning or earthc{u;+kes (it or ne<tr whcre the Seivices are perforrncd and/or lalat directlyaf(ect providin~ Of Such Services. (i) Report: "Renort" meAns thc Prosecuror's record management svstem cqmmonlv referred to as Ci"enian. (j) ProsecutinLi Attqrney: "Pros£cuting Attorney" means thst person appointed as a prosecuting attorney under chapter 36.27 RCW and his/her deptitieslassistents appointed undcr RCW 36.27.040 and RC1V 36.I6.070. SEC'I'IQiN NO. 3: PURPUSE The purpase of t1hiS Agreement is to reduce to writing the PA,RT(F_S' understanding as ta the te.rtns and conditions under whic-h the E'RO$f-:CUT.TNG ATTORNEY will prnvide Senlices on behalf of the CITY. It is thc intcnt of the PARTTES ehat Scrviccs to be provided by thc P.ROSECUI'1'NG A`170I2NrY will be consi'sLent with the CI'I'YjS CouncillMtanager form of government provided for in chapter 3511.13 RCW. Intcrlocal Agreement, Prosecu[or Pan 2 of 20 ~ r • ~ ~ ~SECTION iNO. 4: DURA7"IOIY/NV17'13:Df2AN'AL , This Agreement shall commence on January'1, 2005, and nin through December 31, 2005. At ehe conclusion of 11ie initial term, this Agrcement shall automatically bc renewe.d from year to ye.ar Uicreaficr effective .Ianuary I" tA December 31" All renewals shall be subject to a11 ternis and conditians sct farLh hercin cxccpt for Exhibit 2A, 2[3 and 2C. The PART(l;S rceog,oii.c if Iiighly unlikcly fhat Fxhibit 2A, 213 and 2C sceting forth the estimaied cosis for each year's Services will be availahle at the starc of any reneNval cime frl,ne. Accordingly, until ne.w Eahibits 2A, 28 tind 2C have becn prepared and :+Srced to bcrwccn iiie PA.R.TI.ES, the PA.RT..If-:S agrec that the COllNTY will bill the C1TY and the C1TY will pay the COUNTY at Ilic samc monthl), payment rate uSed for the previuus year. Upon the PA,R"f'1,GS abreemenl on ncw Fxhibits 2A, 213 and 2C, thc CIT1' and COUNTY will reconcile paymcnts to date undcr the prcvious year's paymcnt schrdulc with the• naw paymenl Scheclule. Any underpaymcnt fpr any Scrvices will be due in the first payment duc fbllowing rccpncilizlion. Any ovcrpayment for any Senrices will be credited to tJie first monthly payrncnt due f'ollowino the rcconciliation. The PARTII:S agree that no intcrest shall be owing by ciiher Party to the other Party for an}' overpaymEnt or underpayment dGermined as u result of the reconciliacion, Any F'arty may tvithcJraw at any time from [his Agreement Por any re.ison whutsoever upcn a»>inimum of 180 days %vritten natice as provided for in Sectioii 7 to the other I1'arty. • ln the event of terniination, at Cl'i'Y'S option, PROSECUT1\'G Al"17ORN6Y shall continue (o provide Services to completion for lhese c:ises filed prior to the effective date of the ternlination. ~ C'I±C"I'f0\TIVO.S: COS1 OF S.k.f'tV1Ck.SAs\`ll'1'AYiV1ENT5 '1"hc CITY shall p.1y dic COIJ~~TY thc actual cosls fQr Services provided under lhis Agreement. `I'he cstimatcd cost for 2005 Scrvices undcr this tlgreemenc shali be as set forth in Exhibits 2A, 2B nnd 2C, aCl2CheC) heret0 iind incorporated herein by refercncc. 'I'he methodology used to arrive at fees far n►isdemeanor services in Exhibit 2A uses the last six (6) montiis Af Report numbers for 2003 and first six (6) months of Reporc nurnbers for 2004 and averages them for a hvelve (12) month time fremc. Thc resulting nurnbcr is uscd as a bnsis to estiinatc the 2005 cost of servicc for misde.mevior services iii Exhibit 2A. The COU-NTY CEo shall advise the CITY Vianaoer a; soon as Possible Uf nny ant:icipatecl or unant+cipated capital improvement cosfs thst arise during the contract pcriod. "I"he City shr,ll pay capilal improvement costs either (1) undcr the Cost Allocation Plan as an indirecc cost 3morti-r_ed over the usel'ul life of the improveme»t utilizing straiglit- line depreCiation aiid ictcorporatine the expected salvagc vAlue of thc improvcment at lhe end of its usefiil lifc or (2) i►s a direct cast in the forni of a conrribution made to the Gquinment Rental and Revnlving 1=und. The CITY shall be resnonsible nnly for capital improvement costs incurred after March 3 I, 2003. Any portion of a capital improveinene chat was paid for or acquired through separate agrccmcnt or wilh grant proceeds, bond procecds, user fees, clonalions; or nny other acquisition method that reflects a contribufion nn behalf of CCrY shall nat ba include.d in the depreciation schedule applied to the GTY. Any capital improvement for whicli the COUNTY seeks reimbursement from the C1T1' must bc neceSSary io fulf ll the requirements nf this Agrecmcnt. / At the end of the calendar ycar, iising the methodology set forth in 'E\-ttibit 2A for misdemcanor scrvices and ' Exhibil 2H tor civil infraction services, die PAR1'1ES shall apply the aciual e.cpendicures and the actua) i " Interlocal Agrccmcm, Prosecutor Page 3 af20 usage nerccititage, where applicable, to detcnnine the final cost. 7here is no edjustmcnt for Fxhibit 2C fAr Civil 17epartrnc»t misdemeanor zoning ordinance seroices in as much as they are billed out on an hourty ~ i ral.e. lt i5 the PA,It"I'I;ES intent that. any adjuStment take place as s4on as possible tind acaordingly NviU use their respective besl efforts to timely prepare, disseminflte and review all expenditure documentacion. The CITY will have sixty (60) calendar days frem iis reteipt of dla expenditure documentation to providc dic CQUNTY with flny written objections(s) to such dorumcntacion. The wrirten objection(s) must specifically idcntify die expenditure(s) in question. The COU\TY agrees to consider all written qhjections receivcd ' (30) cafcndar days of reccipt of the objcctions(s). In the cvcnt thal the from the C(TY wiihin lhirfy. PA.RTIES cannot mutually resolve any wrillen objecCion(s) submitted by the CIl"Y within the t.hirty (30) calendar days time frame, or such oilier time frame as the PAl2TrrS may mutually agree, the objec:tians - shall be resolved pursunnt (o the Disptde Resolulinn provisions se1 forth in Section 'N'o. 17. Pending resolution of the objections(s), the PAft'flES agree that the CC["Y shall pay that portion of the biU that is undisputed. 7o the extcnt that ihF C[Tl' was over billect in any year and the Agreement is still in effect; the COUN'I°Y . shall crcdit the C1Tl' far such ovcrpa},ment in the ne.~t rrtonlhly ptiyment o~ving by the CITY. 1'rovided; howevcr, in [hc cvenc the Agrcr-ment is lerminated itt such time that the overpayment is detemiined, the COUNTI' shall reimbursc the CITI' for any overpayment wit}iin thirty (30) calendar da_ys. 'I'o the extent tJhat tJic CiTY was undcr billed in any yur anCl the nbreemeni is Still in effect, the CCCY shall reimburse the COUNTY for any underpaymenl in the next- monthly aayment o%~ing by the CI'I'Y. Provided; however, in the event the Agreemenl is terminated at such time tlhat dtie underpayment is detennined, thc Cll'l' shall reimburse the COUN'IY far any undei-pa}mient within thirty(30) calendar days. riNter Pflrry rnay at i[s SQIe aptinn ch<<rgc iiiterest on any oveipaymen[ ar underpayment based on lost interest eamin5 hatl Ihe <<mount delerminEd due tleen invested in the respcctive PART1fS iiivestment pool at the ciid of lhe thirty (30) da}' time frame provided for hereinabave to Ihe dlte of payment. Any resolulion of a disputed amount through use of the arbitration process identified in Section 17 shall inclucie nt the request of eidier Party, n detcrmination of whethcr intcresl is appropriate, including the amount. The COUNTY will bill ehe Cl'I'Y for the cost of sen~ices as ouclinea, maithly, by the 15'i"of the month. Monthiy pa}Tnents For (I) misdeme.lnar services and (2) civi) infraction serviccs will br calculated by dividina, thosc annual costs set forth in E.~hibits 2A and 213 by h<<ehre (12). payments by the CITY will be ' duc by thc 5'h tlay of the following month. The COUiN'I'Y, at its sole option, may charge inicresc on nny late paynient cakulated on nny lost interest eaming had the rsrnount duc bcen invested since the date due (o the date of paymeni. in Ilic COUNITY's investment paol. ~ SFCT[ON NQ. fi: RFI,ATFn i2.ESI'O\Sll31.L1Tl.LS LY CUMIJNCTIOh' WtTN P.F20V1])L\iG SE12Y1CE~S 'Che COUN'CY and PitOSECU'1'ING ATTORNrY or dieir dcsipees agee to attend siaff ineetings 35 requested by the CI-IY Manager. '17ie COUvTY and PROSrCUT~,\~G ATTORNEY or their desigiiee Agrce to meet upon rcquest by the C17Y Manager or hisJher desismee to discuss any Service provided under the tcnns of. this At,;reement. 'Hhe CITY asrees the PROSECUTING ATTORNCY rnay use the COUNTY'S stauonery in conjunceion %vith providing Services under the tei7ns af this Agreement. IntLrlUCel Agrtin1Cl11, Prosecutor Page 4 of 20 ~ . _ ..i SECTlON NC]. 7: COTlCE A il troticzs ar other cammunications givcit hcrcunder shaI l be cEeen3ed -given on= (I) the dfiy suclti notices or alfif~r comrnunicititions are receiyed when sent b)+ poronal dclivery; or (iii) the third day Followina tEro day on %0 ith khe ss+ine h aye been mailed by fi.rsl' cl.Lss dcl ivcr5', P4st~ge prcrsaid addressed to thc CpUNT-Y c~r 1he CI`I'Y m the address set Fvrth bplow for SsicFk f?ariy, Or al Such othcr address ag citlycr Party qliall fi'om I;imi~- 10-1 iiitie designare by not ice in }wriiing 10113i~ Other Pa7.}': iCOUNTY: Spo6 ne CoLi nty+ Ch ieF ExecuTive 0 F~icQ r or- ItiisJher authorize.d rep resentaiive 1 116 V4fe~si $readNvay Avenuc Spokmne, IVbshington 49260 CITY; City qf $pokane lfalley Ciky iManager - or hislher suthoriaed represei71-a1:ivc IZedwaad Pla.;.a 11707 Cast Spr~gve Avenue, Suite 106 Spokarie ViaIIvy, Wasftington 93206 . PRO 5ECl'l1~i;G A`Y'TORNEY: SpokaneCoLm#yPfosec uiing Altorne}' I 100 W.~~st M allon S pokane, Wash i ngion 9926 0-02 70 sg-c`CIO~~T ~1"O. REFC]R'T1NC: ~ RcnnrLq - The PROSE-CI.FT-ENCF A1`17ORNEY shali provicle lhe CI"I'~' with mpOrts (Ioctimcniing act'ual usage under this Agreem.eGit. 'f']fQ Parties aeree btiat fhe tenninplogy +°r'cpDnS d0tum0n1ing iiC[kkAI ust{ge" - meaIIs lhat ty1ae af inForr110tian provided by the PRO5L-CUTi~~ AT7'OR1dEY lo tht~ C[i'Y in L},e 2004 agree-me,nt for Sciviccs. An updaied report q1i all bc sulam itted quartcrly ti nlcss othenv ise mti tui lly atree4l by the Farties. S ucai rcports shalI Ix ifl a formai as mu1in 11y agrced co benveen 17ie Parties. The conlenl andlor fonnat for sucli rcqorLq may be c.hangcd from timc-10-tiine by wriEten ngrrrr:ement beEwveen CITI' ttiid ~OUN-I-`G'lPCi,O~~CUTCNG ATTORj\'FY staff Rtcatds Revie►v -I'he CITY sliall be alloxved [o condkier rarrdom revimvs of tltic rccords peneroled by the CC l.iNTYlG'ROS EC U'fIN' C', ATTORN E Y in performvtnce o#'tkl is Agrccment, The C FrY tivill pravide, Lha COLfN1l'lPRQSEcurING ATTC}RMFV kvit}t reasonabje advancc no[ice oF the record5 reviews. `fhe Pariies agree 11irtr #hey wil! in al:e best efforts to BChieve a [eSOIuCiDn qf any p oicntial rccordS conFidentialily issLies, inclLiding eritering into confidciitialiiy agreeiiients or otlier similar mecfianisins tiyat ti}°i1M aIlaw disclbsure of'the ri e<;e55ary infarmaYion to acuura lely canducl a rUCard5 rcvtcxv, IFtli e C I"fY wi11 be sllowed to view only thosc records dir"kay rflati'ing to Servk(;~ prqvided within CITY's carporate boundarie,s, then t}re ~OUN1'Y1PROSECUTI~TC, AT`FpRNCY ntest kcep €t log oF original documenls used to charge Ihc c G'f Y, ;ind ihosc docij meni s mMMSt have i€lenl.i fying flti mbers or Ic:Ufe~s sb the origina] $ouree dotuinciyts can be eEisily retrievcd. ~~C TTON iN 0 .9: ~OUNI'T£RPrlR'1'S ThiS AVeemenl rntiy be executed in slny number of counierpar#s, each of which, when sv exccuted ignd dea ivered. slial l hc an ar igina1, bu t such caunle-rpbrts sli a l l logether constitute but oiic a n d I:hc same. ]iyterlacal Aga-eeinens, Peoseckitvr Paqc 5 af 20 SE:C'{':I:Qn NO. 10: ASS1G1V7177:NT \o Part;v may nssign in %%,hole or part its interest in chis Agreemen[ without- I.hc writtcn epproval of the other \JI PA.RT1'. . $:F CTIQN \'O. 11: COOtNTY EKPLOYEII;S PROSECUTING ATTOR,IEY sllall hire, assign, rctain and (liSripline all cmptoyees performing Scrvices under this Agreement accarding co applicable collective bargaining ngreernents and ipplicable state snd federal IawS. PROSECU'CING t1TTORNFY agrees to meet and confer with che CITY with respect to st-il'f lhat is assigned to provide Serviees. lssues of discipline or pcrformance will be specifically handled according to PROSECUTI\G A'C"1'OfZTJEY policies. SECTION NO. 12: I,iARTl,i'I"Y Hor the purpose of I:hic Section, the ierminolooy "COUN'fY" shall AISp iiiclude the "PKOSECUTI.NG n'('TOR\~1:Y." (a) 'I'he COU-NiTY shall indenlnify and hold harniless tlle ClTY 1nd ils officers, agents; and employees, frocn nny and atll claims, actions, suits, liabiliry, loss, costs, expenses, and damages of any nttlure whatsoevcr, by any reason of or arising out of any neglieent act or omission of tlle COUNTYt ics ofFcers, agenu artd employe€s, rclatinc) to or ar-ising out of pcrfarniing Services purSuant. to thi5 Agreemenc. ln the event that any suit based upon such c111im, aetion, ios5, or daniages is brought against the Cl"I'Y; the COUNTI' shal) defend Uhc same at its sale cost and expcnse; prorided that the CITY reserves tlie right to participate in said suit if'any principle of governmental or public law is involved; and if final judgment in said suit he rendered a5ainst che CITY, Fuid its officers, a~enl5, and employees, or jointly a_ainst the GTY and the COUNl'Y and thcir respective officers, agents, and cmplqNiees, the COUN"1'Y shall satisfy ihe same. (b) The CI"CY sh<<II i►iciemnify and hold harmless the COUNTY and its officers, aoents, and e.mployees. froisi any and aI1 CI:lIR15, ae[ions; suits, liabiliry, loss, coSts, expsnsss, and dama;es of any nature whatsoc.ver, by any reason of or arising out of any nebligent acl or omission of che CITY, ils officers, agcnts and cmployees, relaring ro or arising out of perfornling Services pursuant to this Agreemenl. In dhe event tliat nny suit basetl upon sueh ciaim; action, Inss, or clamages is brought ngainst Ihe COUNTY, ifite C17'Y shnll defcnd the same at its sale CQSt arud expense; proviclccl thAt the COUNTY reserves thc riglit to particinate in sflid suit if any principle of govemmental Ur public Iaw is involved= and if linal judgment in said suit be rendereci ugainst the COIJNTY, and its of:rcers, agen[s, and empioyees, or joincly against the COUNTY and the CITI' and their respective otfccrs, ageiits, and einployecc, che CITY shall satisfy the saine. (c•) If the comparaCivc negligence of the 1'arties and their officers iind employees is a cause of s►ich damabe or injury, the liability, loss, cosC, or expe.nse shall be sharecl bctwcen the Parties in proportion to their relative (legrcc of negligeiicc and thc right of indemniry shall apply to such proportion. (d) Where an of.ficer or emplo,tee of a,PArt), is acting under the direction and concrol of tlle other Party, the Narty direc:tin~ and controllins tlie of~iccr or em~~loyee in the activity and/or omission `iviilg rise to liability shall accept all liabiiity for tltie other Party's officer or ertiployee's negligence. Interlocal Agrecmerzt, Nrosecuror Page 6 of?0 ~ 1 (e) Each P7rty`s duty to indemnify shall survive the termination or cxpirAtion of the Agreemenl.. ~ j • (f) '('he foregoing indemnity is snecific711y intcnded to eonscirute a%vaiver of each Party's immunily undcr Washington`5 IndustriFil insurAncc Acl, chnptcr S I RCW, respecting tlie other party only, and only to the extent necessary to providc the indemnified P1rty with a ful! 7nd complete indemnity of claims ntade by the indemnitor°s employecs. The PARTTI:-,S acknowledge that these provisinns were specificrlly negotiatecl and agreed upon by thcm. (g) The COUi~I`rY and the CI"rY agree to either sel.f in5ure or purchase policies of iiisurance covering the mattprs coiitaiited in this Agreement with coveruges of not less than 55,000,000 per occurrence with S5,000,000 aggrcgate limits including profcssional liability and auto liabiliry coveragcs. SECTiO\` NU. 13: RELATI:ONST[LP OFTAF FAlt'iLFS "fhe PARYIES intend that an indcpendent c:ontrflcror relationship will be created by this Agreement. "I'he CUUN 1'YIPItOSf•.CU1`ING ATTORNEY shnll Ize an independent contructor and not the agent or employcc of the CfCY, cha: the CfTl' is in[erested only in the results to be achieved and dhat the right to control thc ' partieular m:umer, niethod and means in wliich the services.arc perfomied is solely within the discret+on of the CDUN'CY/PR.0SECU"I`1TlG Al`TO}UKEY. Any and all employees %vho provide Services Io the CI"l'Y umdcr this Agreemcnt shall be dcemed empfoyecs solely of chc COUNTY/PROSrCUT1NG n'rl'Ott~~~EY. '1'he COUNTY shall ba solely respvnsible for the conduct and actions of all employees under this Agreement and any liability- that may attach lhercto. l.ikewise, no ap-ent, cmrloyee, scrvant or represeniaiive of the CTTY shall be dccmed to be an cmployee, agent, ssrvanc or representative of the CQIJN"("Y far any purpose. ~ SCC7'ION NQ. 14: MO1)WiCr1'C1G\` "fhis Agreement rnciy bz rnadified in writing by mueual written as.,p-eemcnt of the PA}tT(;FS. SCCI'tON NCa. 1S: 11'120.PFRTY At\TD EQi11PiME\'7' The ownership of all propPrty and equipment utili-r.ed in conjtmction with providing the Services shall remtiin with the original owner_ Lmless othenvise spccifically and mutually agreccl to by the PARTIT_'S to this A~reement. For Ihe pu~oie of this section, the terminolot~, "o~vner" means that Party ~~~hich paid the Full purchase price for die property Ar equipmenl. SLCTIQN \'O. 16: AT.,L WR,I"MGS CCaN'I'ALYEn HEi2.ELV/R.nTnnvG Erfr:cT This Agrecment coittains terms and conditions agreetl upon by the PA,R''fES. `l"he PARTII~S agrze that there are no pther unde►standing,s, ora) qr othenvise, rcgarding the subject niatter of this Agreement. 'Nlo changes or additions to chis Agr'eement. shall be valid or binding upon the PARTLES unless such changc or addilion is in writina execuced by the PAIt'!MS. 'fhis Abreement shall be binding upon the I'ARTIES hereto, their successors and assigns. `Intcrlocnl Aaresment, Prosecutor Page 7 oF?0 sEc•r:r.oN Na. 17: nIsruT.E. RESOLUTION . ~ Any dispute benveen clie PAIZTiFS which cannot be rcsolved between die f'ART(ES shall bc subjecl to tirbitration. Except as provided for lo die contrary herein, SuCh dispute shall first be rCduced to wrifing. I( . the COUh'T'Y CEO or PROSECUTING A"t'TOR\'EY respectively and the CI"1'Y iManager cannot resolvc die dispute it will bE submitred to arbitration. The provisions o1' chapter 7.04 RCV1' shaU bc applicable fo any arbitration procce.dine. "fhe COUN"1'Y with regard to financial matters or PRQSECUTNG Al"17ORNEY for Service iiianers and the CITY shall have the right to dfSlgnate one person each to act as .in arbitrator. Thc hva selected :u•bitrators shall llien jointly select a third arbitrator. The decisioii of the arbitration panel stiall be binciing An the T'r1R'1'CES and shall be siabjcet to judicifll review as providecl for in chapter 7.04 KCW, Prpvideci, the PAR'rIrs agrce lhai the r1t.OSECU"fii 1G A"C"f01L\'FY cr►nnot submil Ia arbitracion any item which eoncerns his eharging deeisions thraug cAniplere disposirion of the case, ineluding rtppeals to Superior Courc, Washington State Court of Appcals, or 11'ashington State Supreme Court. The costs of the arbitration pane) shalf be equally split behveen the PACt"fIES. SECT10\ NO. 1 A: VE\T[TF- STIl'IXATTOY This Agreemenc hns been and sliall be construed as having been made and delivered wichin the Statc• of Washington ancl it is mutually understood and aereed by each p2rty that this Aareemeni shall be , governed by the lakvs oFthe State of Washinaton both as to interpreuition and performance. Any aecion at law, suit in equity or judicial nroceecling for the enforeeme_nt of Ihis Agreemeni, or any provision hereto, shali be instituted only in coiirts ofcompttent jurisdiction wit.hin Spokane County, Washington. i SEC1'ld\` N(). 19: SEVEI2AB11.1."l'Y "1'he,1'Alt'1'1'k;S :tgrcc that if any parts, ternis or provisions of this Agrcemcnc are Iield by the couns to be illegaI, thc validily of thc remi3initig portionS Or provisions shall noc bc tiFfcctcd 1nc1 t.hc rights and qbligations of the E'r-IRTIES sha11 not be aftected in regard to the rcmflinder of the ngreement. 1f it should anpear chat any part, term or provision of this AgrEement is in conflict wi[h any seatutpry provision o(the State of Washington, then the part, cerni or provision thereof that may be in conflict shall be deemed inopcrative tind null and void insofar as it iiiay be in conflict therewidh and this Acrcement shall be deemed to modify co conforn-i to such starAitory provision. SCC'I'l0N NO. 20: liECORDS , A11 public records preparecl, owned, used or retained b}' die COUNTY/PROSECUTWG A1"CORYCY in conjwiction with providing Services under the terms o!'this Agreement shall be deemcd CITY property and shall be madc available co the CI'I'Y upon request by the CITY Manager subject to the attamey clicnt end atrorney work prodLiet privileyes set forth in statute, court nile or cflse law. 1'he COUNITY/PR.OSECUTING A'CfORN~'Y will nolify the ClTY of nny public disclosure rcquest under chapte•r 42.17 RC\V fnr copics or viewing of such records ns well as the COIJ~jTY'S/PROSECUT(\~G A"fTOR.NEY'S resaonse thereto. .1 Pa~c 8 oF20 InLcrlocal Agrecnicnt, Prasecutvr o - . • ~ • ~ SECTiON \'O. 21: H.EA.I)lNG$ ` j The section headings appearing iri this Agreement have been iriserted solely for the purpose of convenience and ready reference. ln no w:►y do they purport to, and shell not be deemed to detine, liniit or extend thc scope or intent of the sections to which they pertain. S.FC'T'I.QY NQ. 22: TTiN4E OT' ESSE\'CE OF AGREEMENT Time is of the essence of this Agreemenc fliid in case either narty fails to perfonn the nblibalions on ics pflre to be perfonned at the time fixed for the perFormance of the respective obligation by the terms oCthis Aarecment, thc othe.r Party may, at its clection, hold the other Party liable for all costs and damages caused by such clclay. SFCTTON \'(7. 23: UNCONTIZULL.AE3L,L:'GLI2CUM$"Cr1NCF,Sl.[M:POSSiBIL1TY A dcll,v or interruption in or failurc of pcrformance of all or eny part of this ,Ayreement resulcing From Uncontrollable Circurnstances shall be deemed not a default under this Agreemcnt. A dclay or interruption in or failure of performance of all or t+ny pHrt of lhis Agrecment resulting from any change in or new Inw, order, rule ar regulation of any nature whieli renders providing of Services in accordance with the cerms of ihis Agreement legall_y impossible; and any othcr circumstances beyond the concrol of the COUNTY/PI20SrCUTING ATTORNEY which render Iegillly impossible the perform,ince by Ihe COllNTY/PROSECUTI\G ATTQRNEY of its obligations under 11iis Agreement, shal) be dcemed not a dcfault iindEr khis Agreeme.nt. ~ SEC11UN NU. ZQ: ,f'a7~11~G . This Agreement shall be filed by the COUN"l'Y «<ith sucll oF(~ices or a-encies as requircd by chapter 39.34 RCW. SECTIQN iNb. 25: rxECuriG~v AiND APPROVAa.. The PAK'1'1ES warrant th.ic the officers execuung bclow hlve been duly authorized to act for and on behalf of the t'arty for purposes oi'confinninf, this Agrcemenc. rtoN No. 26: liN.itA'rJ:vt>_S y The PAR.T1ES mcognizc that revenue reducinti initintive(s) passed by che voters of \Vashington may suhstancially redtace iocal operating revenue for the CITY, COlJ1'TY or both PA.RTi.rS. The PART1,rS agrce that it is necessary to have flexibility to recluce the contractcd amouait(s) in tJiis Agrecment iri respanse to budget constraints resulting from che passagc of rcvenue reducing initial.ive(s). If such an event accurs, the PARTIES agree to negotial'e in good failh co flchicvc a mutually ogrecable resolution in a timelp fashion. ST:CTION 1Y0. 27. CONLPLIAlYCE VVl'1M LAVVS The Panies shall observe all fcderal, sfate and lacal laws, ordinances and regulatiotis, to the cxtent that they may be applicable ro the terms of this Agrcemcnc. i ' ln[erlocnl Abreement, Proseculor PA,e 9 of 20 SEC'T[ON NO. 28: DISCLAIVIER ' , 1 • Except as othenwise provided, this Agrccmcnt shall no[ be construed in any manner that would limit eiih.r:Party`s asithorily or powers under law. . SFCTInN NO. 29: ASSURA\`CE "I'he CI"1'Y shall pay the COUV'I'Y the crue and full cost of a!I Ser-vices provided under this Agreement. '('iie intsnt of the Parties is that neither I'tirty will subsidize the other and that the ClTY will not subsidize any other jurisdiciion that is receiving similar services. ' :611 %Y.01STESS WW:k.10' ()1±, thc I'Alt711ES have caused this Agreement to be executzd on dace and year opposite their reSpcc[ivc SignaCUres. nATF,UI~~OC'2K V4 BOARDOt'COUN'!'Y COMV11SS10\'CF2S ~ OF SPOIVIN'E COWi "I'Y, WASk-I1'G't'0\' Q o4 coMur1s . TOD N11ELKE, Chair ~ Clerk o1'the Board A-BSENT sPAt..• 49 MA,RK R.ICHA.R,Ia, Vice-Chair , • • ' ,rt• Daniela 6ricl;son . i-IARRIS, Commissione.r . llA•rLll: 3 2 Q~ SAOKANF COUNTY PROSECUTING A71"I7OIZNEY Bv: Its: ~i2.o lii.[7'a IL , (Title) ' DA'!"l:U: ~ //lOla CITY OF S.POKA\rC VALLEY A David tvicrcier, City Manager Christine Bainbridae, City Clerk Af'1'It4VED AS TO FORM QNLY: - O'A""4 * c Ofice of l City nuorney fnterloc.al Aereement, Prosecutor . Page 10 Of20 - - ; FI7+CNTB.i`F' ,1 , I"or the purpose of this Agreement, PFtOSECUT1NG ATTORNEY Services slisl] includc prOSecuiion oF violatlons of siale ststutcs cfisl uc punishablc~ as misdemunor or gross rnisderrre:mor offenses that oc-cur widi in CiTY'S jurisdiciic) n and [}]~kT 31`E C:0111fri1LCCd by adukts ns we11 xs any appeals to Superior CoLut 1V2L51tiin, lon $tate Court of llppeml, i3r Was1i ington Stale Sli p rcme Cotart, PROS~CUT1N~`i Al701Zh1EY rclains sole pa-osectitorkil discretton irN conj4Gnction witfi provEding Services ~indet the tenns of this tlgreement from chH rgang (letisions lhrokig}) complete dispo5ikion oFzhe case, irlCl4rding appesls t0 Su pCrior CoKi rt, WaSh i ngton Stale Cotirt o f Appei Gs, or Washington Slate $tLp reme Court, ]'rovided, however, c I"fY m;~y wke iDver proseciilioji af tuny misderneanor case tipon wrikl-en notiicatioi3 to PROSECU'l"ING ATTQRiN r-Y, FOr ihe purpose of this paragrap h, misderrre~nvrs shalk in r. ltede criminal v iolatians of CLTY aninial confi'ol prdiiiaiices. , I'RO SECVTING A170RNF~1` agmes tn rcprc5ent CITY in conlcsted traf.f.1c infracr{ons, PRDSFCUTfNC ATTQRNrtI! also agrees, whcn recluestecG by C", ro represent Ci7'Y ►vikh respect io craititiinal violatipns of its zoning ordknances at 1he hotpr[y race set forth in Exhibi#s 2A; 2B and 2C. PROV[DED, skLch represeni:stion slM€I not imlude challenges tn the conskitulianalii)' of any aoniiiA ordinance, The C CTY shal l reta itt responsibaI i~}r fpr dcfendiiig any coGXStitutional cha111e1'.~c io an}' roning o1•dinance or nklier C17Y ordinan cc whicli iiisy be in ,+o1ved i a providing Serviccs. C17Y rd grecs to lake fLpprOpriaU~ ;Icti0n ta ensure pdI ic:c officers and C l`CY staff are available at nf) co~$t t0 P ROS ECU71N C; ATTO RN EY For sil lrkz ls or judicial proceedings wherv PRQS IEC U1'IN (i A170 RTlr)' deierGn ines thi~ ir p resence is ncte5sary, aross Ptixisd~~ricanor, anr~ ~anin$ ser~,ices eo be pro~~ided b}' PI~OSF:CIJTf, A1l n~asdei~~eai~or, ~ ATTORNEl' in courts undcr #ho term5 Of diis t1gmemenr shall be pravided in courts IQcated witl7in fftc Spok~mc County Cotkrthwsc Campkax. f111 trjEit infrucOon servicc,s lD be provided by ]}ROS~CU7CNG ATTOFtNl--,Y Under the lerrns of this AgTe~ment shall be provided Gn eitfie-r couas located within the $pokaroc Counly COurthouse CorripleX aF caLiTtrovm(s) in tha $po~a~e 1Ja 1lcy prec-incl. .In fi}c cvent CITY requests such coufi services he proxrided at a location otli er than 1h at providcd for hercin, the PARTIES agree Io meet and mti t►ia IIy negotiate Pa~~ i 4 of?0 ln[erloEaj ~1grCemeni, PCOSecutbr , ' ~ E.1 I.BI7' 2A Misderrte3uor Services Comnanent A CL]I11 1[111e11t L~ C01i1u4nCf1I 4 i'rosecuto r lft 11 clEl,et All~~cal~lc Perccn#age to E1'iiSdcnse:i n Or : I ~ervi~cs # SpajG7AC VwlllC}. a* Cooir~kei Anynunt _ i 5alary - 870,965 27_60% ~ 240,425~.7 1 IVIB~O 6$,653 27.f~0°fa 1$,1 23,45 CtLpitnl ` lndirec[ COSt **r G1,142r~ 27.60°!4. 16,878.17 997 7641''- 275,431_33 4 l COmpOn cii l A repre5Enk5 iltie z,i-n ouni o#' E'roSCCMi t o r bticlge t attrabu#ed ko M i5demc2nor Senrices, Sec M isdem eanor Atlathmcii l Afor iTkethodology allocating Ptasecutor hud+et to iVii~,iemea npr, 'r Fre percentnge of sV] isdcmeaiior SL-n•if-es aLtLributabie lo #Itie Cixy vf S poka ne V siley is 2 7, See Misdemea.rior At#achmen['k3 ror ttXisdeme~mor 9a0,iStics. `I']yc ln(lir~.,c[ (O}=crli caii} ratc of 7,0?% is bpp lied Lo salarics anl), _ The indsrcct ratc is bilsed on Spokune Couiyty's OUB A-87 Cost Flan Escalaied 2003 for 2005. adjusti-d to oilly includc deprecE.ltiOiti Ofi capital impravemcnts acquired 'I fter the Cjty's officiai dn[e of xncorporation, prepared by PRJM Ciroup, an iiidependenR pl;in preparer. ~ interlocal Ai-roeineiyt, PrasecutiDr Page 12 of 20 • E tEII3:[T 2 A ~ . Misdcmeanpr $crvices County Supporced Attorneys: Criminal 39 . Civil 5 GrantlOther SuppoRed .4ttorneps: Criminal 12•8 _ . Civil Commitment ~ Civil family Law > > Gr:►nd'fotal all aUorncys 68.8 M.isdciticanor Sitl S[3en f"1°;1: Ac1j Salary Davis 56,822 1.00 56,822 Rasmussen • 66,587 1.00 66,587 Rio 58,533 1.00 53,533 H►ighes 58,533 1.00 58;533 . Cordts 58,533 1.00 58,533 Utgaard 62,823 1.00 62,823 Grigaliunas 60,604 0,60 36,362 Qhrien-Superv 95.137 0.94 89:701 517,572 7.54 487,894 487,894 Su ort Wilbur 31;293 1.00 31>293 Laus 43,652 1.00 43,662 Lefkowski 37,754 1.00 37,754 ~ kmeyers 39,742 1.00 39,742 MistErek 34,750 1.00 34,750 Nicholson 28,577 1•00 2$'577 Burgner ' 38,746 0.80 30,997 Ornee 36,682 1.00 36,682 Ramey 38,694 1.00 38,694 I-fnnsenR 44,187 0.41 18,039 374,037 9.21 340,190 340,190 Chicf Criminal Depu y - allOCation rHtiu ATisd T+TE / Tutal Criminal F"CE Driscnll 109,913 1.00 109,913 0.146 16,005 Counh' t'rusecufor - afloc::ition "tlat" S5,000 plus bcnctits 'I`ucker-SaITry 105,972 5,000 5,000 Tucker-Benefits 14,528 5,000 0.I40700 120,300 Admin StaCf - allocation ratio Misd T'E / Total Atturnel' FTE t3owman 59,747 1.00 59,747 Kurbitz 62,393 1,00 62,895 Lundquist 46,290 0.80 37,032 1'tenner ' 33,453 1.00 33,483 202,418 3.80 193,160 0.110 /lnterlocal Agreemenc, Prasccutar Page 13 pf20 21,177 Subtotal ~ Salary 370,965 Indirect ratc 7.02% on toit►I salary aiid bcncl7it 0.07061,142 °M R O- Allqcacion ratio Misd FTE / Coun[y Criminal+Civil FTE ' 3$2,975 0,17165,653 l-tisdcnicannr 13udget 9972760 ~ , . , liuerlocal AgrCemcnt, Prosecuior Pagc 14 pC24 Ea7fI13]T 2A M.isdemeanor Semiccs 2003 2004 12 luly Au Se t Oct Nov Dcc Fian Feb iMarch Apr May Junc I~•lonths Spolcane Valley Cases 287 239 222 258 197 248 275 226 338 292 270 192 3,044 (exc valley WS1' cascs) A!I County cases 903) 878 1033 938 755 1155 841 882 1096 941 895 705 11,027 (inzluding WSP cases) . Valley % of all 27.2 . cases 31.78 2 2 i.39 27.5i zb.o9 21.47 32.70 25.62 30.84 31.03 30.17 27.23 27.60% ~ '1'otal cases includina WSP musl be usecl tis base tov31 number of cases in " cfetennining percentage servcd. ~ interlocnl Agreeincnt, I'rasccutar E'age I 5 of 20 . f • ~ ~ 'EXyJ:kli`C 2$ , • Infraction Ser-vices ln1'rac[ion Contr;ict * S11ary 24;042.83 IN9 O 687.99 Capital - Indirect Costs1.6$7.81 26,418.63 Notes '"'I'he Prnse.c.utor's OfFce changed the methoclology used to calcuiate Ihe conrract far'lnfraction Services. See 1nf'ract:ion Attachment G. "*'rhe l.ndirecc ratc of 7.02% is applied to salaries only. The inclirecl rate is based on Spokane Counry's OM,13 A-87 Cost !'lan Escalated 2403 for 2005, udjusfecl lo only include depreciation of capital improvements acquired aRer the Ciry's offiicial date of incorporition, prepared by P1LV1 Group, nn independent plan prcparer. . ~ Intcrloea! Agrccrncnc, Prosecutor Pagc 16 oC20 EIXaiBir z 0 ;infrlcli0n $erviCf.S Spokaoc Va11cY Infraction qcputy De.puty Averape Aiuiual SaiaryK Benefit (Cordts & Grigaliunas) 59,568.50 Divide by.Hours Worked per Year 1,950 Equal :17eputy Cost per Hour 30.55 Deputy "f"ime Spent at Spokane Valley: Days per week 1.5 Multiply by hours per day 7.5 Equals hours per wee4: 11.25 M.ultiply by weeks per year 52 Equals hours per year 585 Acputy 1nliil Cost to Spokttne Vallc}' 17,870.55 Spoka"e Criunh' Lnfrnctiou Departrnent lnfraction t-tours per \'Veek Walk-in,Inf.ractions {3:301q 5;00} 7.5 Uiscovery 5 Motions/ Appeals Infraction Hours pcr 1Veck 15.5 C) vlultiply by Spolcanc Va11ey Percent<ige of • Infraclions 19.76% 1 rquals Spokane Vallcy F-lours pcr 1Vcck 3.06 Multiply by Weeks per Year 52 Multiply by Deputy Cost per 1-Iour 30.55 Spokane Cuunty .T.n,fractiun CUSt to Spok:InE Ysalley 4,865A4 Supervisor Supervisor (0'Bricn) Annual Sr+lary und BeneFt 95,137.00 Supcrviscs .4 Infraction.f)epucy out of 7 vlisdcrncanor Depul.ics 0.06 E:qual Cost of Cnfraction Supervision 5;436.40 Multiply by Spokane Valley Perccntage qf lnfractions 19•76% I Supervisor Cost to Spokane Vallcy 1,074.28 AdminiSfr:►tion Adminiscration annual Salary and Dencfit 202,4.18 Administcrs .4 Infraction Deputy out. of 68.8 Total Deputies - 0.01 Equal Cost of InfraCYion Administration Intcrloeal Agrctmcnt, Prosecutor Page 17 of 20 1,176.85 Rd'ultiply by Spoktine Vitllcy Percenlngc of Infrticlions 19.76% 1 Admioistratinn Cast to Spokanc Valley 232.56 Subtqtal Salnry and 13ciicilts 241()42.83 lndirect rate.7.d2% (:►ppliecl to salary and benefits only) • 1,687.81 A1aintenancc Rnd Uperations `l'otal M R 0 BudAet 382,915.00 MficO A lnfraction laeputy out oF44 Civil and Criminal Dcputics 0.01 C'.~ryuaI Coseof 1»frACtion MRO 3,451.59 Multipiy by Spoltane Vallsy Percentage of fnTractions 19•76% 1 Maintcniince Cost to Spokane Valley 687•99 TO TA.L COST OT' ENF.RA CT I ON CONTRACT 26,418.63 District Gourt statistics Iast six montlis oF2003 fir5t six inonUis or2004, scc lnfraction Artachment D. _ ' Spokane County employees work 7.5 hrzJdy; 5 ctyslwk, 52 \vks/yr- 1,950 hrs/yr-Administrative cosfs including MR0 providetl Spokane Valley ' lncerlocal Agrecment, Prosec+itor !'tigc 18 of 20 ' F,XH I BIT 2T3 infractinn Scn'iccs District Court Casc StMistics* Offcase Cate c►ry S)okane. Vallcy Spokane Countv Spokanc ValleY % Infractions 11,799 59,709 0.1976 DV - vlisdc:mcAnar 400 927 0.4315 nUl 178 2,793 0.0637 Criminal 1'raflic (less DUI) 1,661 5,443 0.3052 Criminal \`T (Icss misd 769 2,776 0.2770 . uv • Subrotal 14,807 71,648 * Statistics frAn, last six mor+ths of 2003 and frst. six manths of 2004 ~ ~ Page 19 of 2~ InLerlocal Ag'eentent, Prosecutor EXIil131T 2C %oning Scrviccs , Direct ' Labnr INi& O Cost 2005 Adopled Cost per Indirect Pcr Per ;Position Costs Budget fluur Per H.our Hour F[aur Seriior Atiorncy-Kinn I 94,141.00 48.28 3.39 4.46 56.1 3 Paralegaf-Hanson I 41,092.00 21.07 1.4$ - 22,55 2 135,233.00 69.35 4.87 4.45 78.68 IndirccY 1»direcUHo Inc:lirect Custs 17irecl/Hour Ratc ur Seniar Attonicy 48.28 0.0702 3.389076 C'flralegal 21.07 0.0702 1.479312 Note: Rate based on indirccl:costs per A-87 Plan of 7.02% NN.1ainlCnancc & QperatiUn Costs _ 2005 Adopted M& O 382,975.00 Divided b)' crini R civil attys supported 44.00 Fqi,als iW0 pec atiy 8,703.98 Dividcd by hours workccl per year 1950 Equals \q/O hourly rate 4.46 Annual Hours flnnual Haurs Nlorkcd 1950 Nolc: Spokane• County employees work 7.5 hours per day, 37.5 hours per week, and 1,950hours annually. Spokane Vulley does not usc an entire deputy or paralegal with respccc to thc Civi) Deparlment, therefore an hourly ratc is consistent with die Cotmcy recaverin- actu:tl costs for Civil Infrtictions. Intcrlncul Agreetttertt, Prosccutor Page 20 of20 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 9, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing [Z information ❑ admin. report ❑ pending legislation AG.ENDA ITEM TITLE: Housekeeping Item concerning petty cash/change funds PREVIOUS COUNCIL ACTION TAKEN: In early 2007 the Finance Committee recommended and the Council established petty cash and change fund procedures. BACKGROUND: The State Auditor's Office (SAO) has recommended the City adopt petty cash and change fund practices by resolution not motion. SAO has also recommended we ~ close small checking accounts that are not being used. OPTIONS: 1) Adopt petty cash and change fund practices by resolution and close unused checking accounts. 2) Continue to use the practices adopted in early 2007 by motion and leave the unused checking accounts in existence. RECOMMENDED ACTION OR MOTION: If there are no objections from Council, this item will be added to the December 16 agenda for approval consideration of a resolution adopting petty cash and change fund practices and closing unused checking accounts. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director ~ . ; CTfY OF SPOK.ANE VALLEY Rcquat for Cauncil Action Mceting Date: Drcember 9, 2008 City Manager Sign-oR: Item: Check all tbat nppty: ❑ cansent ❑ old business nevv business ❑ pubiic hearing E inFormation ❑ admin. rcport ❑ pcnding legislation AGErIDA ITEM TITLE: Rclcasc of Interest for undcdicated right of way fur Ponderosa Acres Third Addition subdivision. BACKGROtTIr'D: In 1966 the Ponderusa Acres Third Addition plat was recordod in Spol:ane County. Thc plai includod a 55 foot wide svip of land across the southem portion of Lots 1 through 8 of Block 8 as shown in the eerial photograph below. Wording on the fnre of the plat intiicatcs that the 55 foot erea was reserved far future right-of-way. Atcording W Cvunty recards, this arza was ncvcr ectually dedicated to the Counry for right-of-way purposes. This situstion was brought to the City's atteation by a property awncr who wanted to coastruct a detac6ed accessary structune. When staff researched the plat, this issut wus discoverod_ Holman Road (as seen in the aerial photo) veers south rsther than cantinuing in an easterly dirertion, east of the intersection of Woodruff. Since it daes not appenr that this arca was actually dedicated as right-of-wny a strcet vacaiion action is not necessary. Thc "Rtlease of lnterest" will suffice in addressinF this situation. ~ . ` ~ , i'!~'t'- -~~a•ie: tt ( ' : _ ? r y d-:',.~►• r , _ ' ~ F~ t -1~' - - • - _ ~ , . - { ~ i ~ l. ~ r^ a ~ r ~r , • ! _ . . ~ ~ 7% ~ , •i` ~ . _-t R . _ ` ~ . c ',i~~~: •.ii;i.•t~ I ,~::tiii . ~~.~~•w ~ .'I y'~ • ~ ..j 'q ~r I'=~'-~`~' ` , ~ ~ ;~~i ,..~-i~~Fi'- • '~M ` . ~ ` ~ 1~ I~. ` ~I.` • ` `t . n, .I . . q ~ -'_9i1.=_ ~ , ~st p•f- , ~ - ~ ~ ~ - I: ~ i.21', ~ - ~1 i ` , ~ • ~ , ' f . ~t ~h~..s' f ~ `~f T'~: ~ • ~ • y 1f,~ , _ i L! - - - •~~cj~1' •I . ` ~,a~_ ~ V ~~r" , ~ t ...r • ~ ~ " ~ f~ ~ ~ - r- ~ ~-i-1" ~ ~ ~►--+R 1.. , ~ ~:R't _ . ~ . ~ ~ , ,sf:.it' • . OPTIONS: Teke na ection; add as administrativc rcpoK on future ngcndn: ur authQrizc Cin•'Nlannger to sign Release of lnterest. RECOIVIIVIENDED h10'fIOI`: Nonc. STAFF COh'TACT: Gmg hlcCormick - AICP, Planning Division Managcr 3'a~r 1 of I ~ Return to: City of Spokane Valley CIO Cit), Clerk 11707 E Sprague Ave., # 106 Spokane Valley; WA 99206 PA1tTrAL RELEASE QF TN"TEREST KNIOW ALL MEN Bl' THESE 1'RESENTS, that the final Plat of Ponderosa Acres Third Addition was f led as a matter of record in JLU1e of 1966 and contxined, in part, the following language as part of the dedication: One 55 foot wide strip of land, within the boundaries of which, permanent structures are prohibited, is provid€d as sho'An on thc plat for fiiture street and building setbacks. The City of Spokane Valley releases anp rEStrictions or intcrest contained in or expressed ~ by the above language for propert}= more specifically described as follows: The South 55 fcet of lots 1, 2; 3, 4, 5, 6, 7& 8 Block 8 ui the Ponderosa Acres Tbird Addition and as shown on the face of said Plat and recorded in Book 8 of Plats, page 52, Spokane County, Washington. Funire development on ihe properly in question shall continuc to be subject to all sctbacks and development requiremenCS set forth in the applicablc dcvclopment code. Dated: , 200 Ciiy of Spokane Valley By: David Mcrcier, City Vlanager Approved as to form: 'i By. MikeConnelly, City Atitorney STt~1TL OF WASHNGON ~ County of Spokane On this day ot' 200_, before me, the unde.rsigned \TOtary Public in and for the Siate of Washina on, duly cornmissioned and sworn, personally appeared David vtercicr, knoAm to be the CityManager and authorized signatory of the City oP Spokane Valley, and acknowledged the said instrument to be the frec and voluntarp act and deeci of said City; for the uses and purposes thcrcin mentioned, and on oath stated that hc is authori7ed to executc the said instrument. Witness my hand and official seal hereto affixed the day and year first above wTi tten. iNotary Public in and for the State of Washington, resid'uiiz at Spokane Valley. Name: My commission cYpires ; J ~ PE D I0 ATI0 iV FINkt FLAT ~ E, Jt+wK d1 ns~r d1 . t`w'~wlr P,ia1 4YP Mrppwc mad CE.FA'~J ~ ~d 3'M'Ik` .IPV~r P f:f~~A JtilF~ 46... P~N~~RO~A A~RE~ THIR~ ADDIT~~N ` ry', FMCrwFq mad ~Lrbri ~l~~w;,nµr[~nf ~rr1 1M~ k~•d pMf~rl !r!P Aw o,r. i4 #rrewlr -ra A;;SlrrLr!wrn At1iV V"?!V~curnah,.,Sh~IFR' a{ A%-f••'~•• •oe•~• ,P.~7nio d,*c+ rr~1•,.ab'r ~.rrv s, :;,-~A• s;., s,~~w sr^.-~- A# "'~.r.~'±•" A REI?L,~T 4r SLDCK 24P4NDER05A ACRES A.pDIT103V r,t s~~ ~ ANQ RLOCK q.POI~bER05A ACf~E$ FIRST AQp1ii0N . `a 0^ T 6 -5EC.5,7 24N,,-R. n4 EX hI er~rriy~~r~ at •a {Qa'tir»rrf ~ Qi c+M' ~ca~c,.~~. sa:~-+r~~+y LOCATED IfJ G011EREVHiENT L0 1l++t e~ ~ord GarF f,W G. 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P:'~f emS~tio'yd' w.Rn~r~ I i L~_1,.~~.~L~~_~ 447 Gawsr .QU~ . ~ d i f,~ /~QYyc{ ~~r1~ ~ ~ +~j. i?4r ~.rd a,a~ Yi~!r.oM~' ccl :~;-~4s~r{~~~7Pi~f f ~~v N~e+ ux, Q~ ~.y~i~1 ~ura~ ~rr~m~e~ f I ~ 1 - _ ~ ~..nx±+•:.~o~~,.~.~~~ 4 fil; . l~r r. ~ ~mi'N! ~ ~ .d+. • ~ . . ~1.r~ v+d:- ammi . °rIL-Ja r rW~!('.r rqd .a 1171 Q~7~ d+' fW:+h:y~a ~ ~ ' ~ d ' I ' ~ P ~ ~ s ~c - ~ J ' ~ e SLIi~VEYdf~GE~I~~'ICd~~~ ~ Eti 7~ 4• i „ Suicwr~ a .Gc. r. 5'rev r r4u~ ~p-i 4 +1+ I 4 y ~ ~ ~ ~ ^ ' k7 -r Cfn~ SNrw~' ixi'06 r,roSf! .S{~ 141Yrk~~l.1 ~!A ~nr-h~'.ITFf ~ ~ , ~ y ~7 ~p ~ . y 1' ~I 0 FT_^Y b,dA frd. ~ ~ ~ ~ I ~ ~ ~k h~~[~ C~ ~ • 11 % G4U~T~' ROA4 EN~aihlEER C~?r~frxd u_rAi'.-rtr , x~rd I~ I~a 0 E s fsiC~.tiwkLrl~ 5 ~ r . -r F ff+YF GJaLr! ~ ~ CpUNTY AS~aE aSCFC , , ~,rf.yr!' :L ' ~.J £r4rr7rit# P.•o✓ mtv.~ r,:r. ~ .~:r~ ol~uG~-~~'•^" ~y . ~ ~3~} [.~J~' yp }r~ Mw'~"~+f7,l.c•r w5.., aw 11i~ i WO4JfVlY r6.!'SN1YINL7 LVPiMIS~,J,~1.V111 , ~S~fUn~~}iL:m~aro+ ~+tl~'~!.'C~F ~ ifsF~k' !}I 00gNTY 4ld0+.l~«~SI~hE~R~ e:.,a~~r.a~ f,N~ti.dd~- ip~' ' J,~'5~41~Y ~Ai'~/ PrT4iL1~N'J CMA'f+'rfF I . ~+/~11~1Ty R E ASU R EP . vw.~r ~G~b cy► „oN E V V V I~ ! F ~kf la+v` Jrcr'r fNM Fe+e.~ .'!7 r~'.! ~r A«s~`F'}Y hY.=. ~7+ ~ . „ ~p~ AA. h.l*- P~ x r sea-&o ia.u 1G~ . ' Tcal.ar LbvayTr.rr.r a:~Frxav'7' Pi~,, ~~G ~.S7Ir stf~'C ~~'l. , ' G4UN~Y s}NEAI.T~I PEPARTM~HT . . ~ Ll l• r f JA~ a,F/~4~ '1 T j / { , , Lfr,...:c~;! d,7~ i`IY~`oNUf f.7l~ff a ~ " ~j',~~~''4~ ~~~-h! ~1a✓,rw 8•~~7. r~~r y ~ ~ ~ n 41 n. ' i~ - L_ CIT'Y OF SPOI{ANE VALLEY Itcquest for Counci! Action Mceting Dute: E3ecember 9, 2008 City MAnnger Sign-ot'f: I tem: Chcck all that npph : ❑ consent ❑ old business ~ new business ❑ publ ic hearing (D infortnation ❑ admin. report ❑ pcnding lcgislation AGENDA ITEM TITLE: Release af interest for undedicated right af way far Pandecvsa Acrts Fourth Addition subdivision. BACKGROUND: In 1966 thc Punderus► Acres Fourth Addition plat H•as recarded in Spakane County. The plai included several SS foot wide strips af land as shoR-ti in the aerial photograph bolow. Wording on tbe face of the plat indicates tbat the 55 foot area was reserved for future right-of-way. According to Couirty recofds, this area was never aciuaUy dedicated to the Counn• for right-of-way purposos. This situation was braught ta the Ciry's attention during the finalization of short plat SHP-34-07. Since it dces uut uppear that this area was sctually dedicated as right-of-way a street vacation action is not necesssn . The "Release of [nRresY' will suff ice in nddressing this situation. ~ . - < < t tr w~ ~f ~ ♦ • r+ 1 'y~~ i • ~ , y t ~ :111(1~.1\1."eli~tl' I1n:311i~11 i+: :li::l.'~. ~i~,i• 'C~~." ~ ~ ~ i~ • • r ~ ' \.'~t' ' S► ~ f ~ r ' ~ r, , r ~*c, L•. ~ ~ I! _T - ~ - t • 4 _ _ ,i~ ` ' ~l~~ _ ~ - ~ --b` ~ '+e~ - I ~ i~ ~ • ~ "f - S _ f r=:r~'P_ ~ _ ~ ~ ~ QPT10-NS: Tilkt Ilo :1~lloll_ .:JL1 3d[llltll~,tta1l1"C' R4)IJii L-ii ill.i;lc N1371aCef t0 sign Rclcssc of Interest. RECOMMENMED hiOTION: rone. STAFF CONTAC?: Greg McCormick - A1CP, Planning Division Managzr Return to: City of Spokane Valley C/O City Clerk 11707 E Sprague Ave.; # 106 Sgokane Va11cy,WA 99206 PARTIAL RELEASE OF INTEREST KNOW AI.I . N.iEN BY TIIESE p1ZLSENjTS, that the final Plat of Ponderosa Acres Fourth Addition was filed as a mattcr of record in September of 1965 and contained, in part; the following language as part of the dedication: fwo 55 foot wide strips and pne 1 10 foot «4de strip of land; wiihin ihe boundaries of which, permanent structures are prohibited, are provided as shown on the plat for firture streEts and building setbacks. The City of Spokane Valley releases any restrictions contained in or expressed by the above language for property more specifically described as follows: O 'fhe West 55 fect of lots 1; 2& 3; Block ; and tlie Ea.st 55 feet of lots 1; 2& 4 ancl the West 55 fcct of Lot 5, Blocl: 2 in ihe Fonderosa Acres Fourth Addition and as shown on the face of said Flat aiid recorded in Volume 8 of I'lats; page 59, Spokane County; VVashington. Future developmEnt on the property in ques[ion shall continue to be subject to all sEtbacks and development requirements set forth in the applicablc development code. Dated: , 200_ City of Spokane Valley • By: David Mercier, City Manager Approved as to form: Byr: Nlike Connelly, City Attorney S'1'ATE OF WASHINGON County of Spokane On this _ day of , 200_, before me, the undersigned Notary I'ublic in and for the State of Washington, duly commissioned and sworn; personally appeared David Mercier, known to be the Cit}, Manager and authorized signatory oT the City of Spokane Valley; and acknowledged the said instrument to be the free and voluntary act and deccl of 5aici City, for the uses and purposes therein nlentioned, and on oath statcd that he is authorized to execute the said instrument. Witness my hand and official seal hereto aff`ixed the day and year first above ,.vritten. Notary Public in and for the State of Washington, residing at Spokane ' Valley. Name: ivfy comrnissian expire,s: ~ ~ DEoiWtaN.... FINaL pLaT OF :cCUUAl:~M and VIRGANtA d~k`IJ£dE'R,~m+bt~+d d!~ ~nAoRt~F.M~G`4~id~'4'~'[M'S~oar/~°~~"'' f'~ I f'~ ' ~R I[~aw- a.NRrM r}kn frrl+Rle ~ha~ R~ ~VNVEROSA J{ I-44~Rr 4S I ~dk~RTH ADDIEIYN ~ arar~ur e.. ar~~F~~r ~,d DLl.~.!~ .GrCrr~~~,a~.,ao„d ~~a:r.~o sc~r~rrr ~acc~}. e. t.. S.~NhiJTT~w~kend nrtd wi~~~f~v+w ~i7dfN? dn~u lah~liroe~~ crxf J+h~vfJ ~~e ~or~ Otu~m Aex~~~+s+~ Y_saKv '~1• /y`+ ~~O111~TY U~A~aHi~lGTO~1 p~,~j+ ,hvl u~l~ ~AY4.W a[drxY1h f" 1• ~7 iwr4+ 6 e! 1~F. .cY +i.a~ ~1 nf V f~ Q.{IY.. ~ t" p~~f' T,h. ~f.F.e~ *aJei..rhliR.t! a+ t~►a~r ~ o~d r~+ 4 Aia ra ~,.~µvx ~ ~ r~. ~•~.~,r 4. ~ ~~,•a» a,: T#N»4tok ;ilNa~14 ¢a+.fi d{ Zf~ l or if,. 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