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2008, 01-08 Regular Meeting 4 ~ I * AcrnrnA Sl'OK-aNE VALLEY CITY CUi1NC'1L REGCTLAR l1IEE'I'ING !1'Ic~ting #130 Council nesdny, Janunry S, 200$ 6•00 p.m. Spokane Valley Cih Hall Council Chanbers 11707 E Sprsguc lvcauc Council Rcquests Pieum Silcacr Yuur Ceil I'banrs Uuriag Council 4Nieetiag CALL TO ORDER: l':b'VOCATION: Pnstor t.ee l-tunt, New tiope Cluistian Center PLEDGE OF ALLEGLANCE: ROI.L CALL: 1. FI.ECTION OR CUUNCD, OFFIC'ERS: t-hrts Rninbri(ige ,iPPROVAL UF AGE]YllA: IYTRODUCTION OF SYECIAL GUES~I'S AND PR.E:.5EN'1'a'1'1()NS• CONIlViTITEE. BOARD. LL-1ISUN SL114i1VIARY11 F:TnRTS• NAYnR'S REPORT: I'CIBLIC CO:'4L'41M:NT`: l'his is an opportuniry for the public to spcak on :iny topic. Whert you come tu the poctiuin. picase stateyour ri;unc and address for tht rccord and limit rcmarks tu diree minutes 2. CON5FNT AGENDA: Consists of itetns r,ansiderai routine which are approvcd as u grvup. ,1 Councifmrmber may remove an item fTOm t}te Cottseat Agenda to be considemd ceparaicly a. Claim Voucbcrs: Voucher List Detrd 12-142007, v<>>acflcf [1Uf11fl::rS 13,160• 1i-th3. totnl amount S543,488.66 b. Pay Periocl Fjtding Dcccmbcr 15.2007: S 196,271.3" i'ay Pcriod Gnding bcccmbcr 31, 2007- S282,$97.6t) d. Approvnl of Purchasc snd Maintenancc nf 12 Compu:er " fahk:ts" t*A (,ounc 11;,ml ,tAf e. Minutes af I7rcrmbcr 4, 2007 Council Stiufy Session Mecting iIvlinutes of T)ecember 11, 2007 Ragulur Council Mecting g. Minutcs of Dccember 18, 2007 Council 5tudy Scssion Mectin~ Nb: W BUSl?VESS: n; a PL►B11C COMMENTS 'ihis is an opportuniry for Qic public to 5peak an any topic. Whcn yuu aome to the paiium, pknse ywte your namd ari(I adtiress for the rccord and limit remarks tn three minutcs, All:4ilNISTRATIVE ItEPUR7'S: 3. Spc)kanr Va(ley'S Fifth Yrar Anni% crar), - l',:1ralbelle Nranch 1. 13itlboard I..cmse- Cary Driskoll S. Sidawalks (ADA) - Mika Connclly 6. Aviation Ordinancc Di~,cus-6on -N1ike Connrllv t:ou:uil AgttfJ3 01-08-78 RctiiiLir tit:ctin^ Csr;~ i,! ~ lNFQltNtA'I'ION Q.'VL1': 7. Aquaties Facility Updatc - Mike lacksor►;'Stcve Wt'rlcy 9. Dnngerous Uog Ordinartce - Gar}• Driskell y. I'rivAtc Raads Map - lcil kergtrn 10. Departmcn[ Reports FCECLJ'TIYC SESSION: Lan(i .Acquisitio»i; I'entling t..itignticn: ADJOURNMF.NT fLTURF. SC71L•D(ILE Rrgular Cuurrci! Aleetings arc genrrnlly held ?nd arri! 4'if TitesJuys, beginnJirg at 6: (ID p.m. Counci! Slurh,Sessfnns nre grtrcralJy be1J 1'; P and 3th Tursdays, btglanrng at 6: 00 p.nr. Snt, Junuary 11., 2008: Cauncil Rctrcat, 9 a_m. -apprex. 3 p.m. Ccnterl'lace Execu2ivc Conf. E:nY, r 'I1 ttes, T,--b 19.2-008: SttiL11. ScS;i0n inclu-les \fOi3d F'rcedmmn discus5ing 111 `uh-;uea i'lar_i NOTIL'E Indirld:nily rli~nnfn~ to attend thc mccrin~ wfio rryuite spcci~! si~~,u cu uLCnmmcxlu:c Ft:ys~:~~l, l~c:ring.. ~~r other 11tm1ICRiC11LS, ~I;'-iSG {Ot1.'~Cf :he l itti ocrk at r5n+)i ;li pOiC{J!r Sll l}S:i( tl::iC2t~trtt'.', `_I:9v Ir 'ILi.~f i'ouncil ,lgcnda 01-418-Lkg Rcgulat hiMiir:g 1'a,e 2 of C;iTY UF SPOKAVE VALLEl' Request for Council Action Meeting llate: Jarwary 8, 2008 City ltanager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hcaring ❑ information ❑ admin. report pendin:; legislation AGENUa ITF.M TITLF, : Council Officer Selections GOVERNING LEGISLATIUN: City of Spokane Valley Resolution 07-01-0, Governance Manual Artiele I, Section 1.02 - Council Vieetings: Election of Officers Article I, of the Governance Manual describes the procedures for electing officers: Biennially, at the first meeting of the new Council, the ►nembers thereof shall choose a presiding officer from their number who shall have the title of Mayor. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently %vith that of the Mayor. (KCW 35t1.13.030). • The election for Mayor shall be conducted bv the City Clerk. • The City Clerk calls for nominatians. • T;ach member of the City Council shall be pcnnitted to nurninate not more than one (1) pQrson; no member of the City Council is obligated to noniinate a candidate. • Nominations do not require a seeond. • A nominec %+ho Nvishes to decline [he nomination shall so state at that tirnc. • Norninations arc thcn closed. • Except whcn there is only one naminec, election is by written ballot. • Each ballot shall coiitain the namc of the Councilmernher x; ho ciist it. • Flectian is detennined by majarity vote. • The City Clerk publirJy announces the results of the election. •"I'ies shall be resolved in a contest by chance (the City Clerk will flip a cuin) • Thereafter, the City Clerk records the individua) votes hti councilrriembers in thc meeting minutes. Che clection for L)eputy Mayor shall he conducted by the Mayor-elea and nominaticins ;hall be macfe in the manner previously described for the election of the Ntayor. If Council is unable to agrec un a N-iayor by majority vote of mrmbers present, the Otfice of Mayor shall be temporarily tilled by an Acting Mayor. "I'hc office of Acting Mayor shall be filled by thc CouncilmemUer who just previously served as Deputy Niayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy .Mayor shall continue in otflce and exercise such authority as is described in RCW 35A.13 until the mernbers of the Council agree on aMayor, at «-hich time the rolc of Acting Mayor and Acting Deputy Mayor shall cease and terminatc. RF.COh1MENDFD AC'1'ION OR NiO"I'IOV: Conduct clection af Mayor and Deputy N'iaNlor S'fAFF CONTAC'I": Chris Bainbridgc ATTACHMF.YTS ~ CITY OF SPOKANE VALLEY ~ . Request for Council Action Meeting Date: 01-02-08 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business [J netiv business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of'the rollowing Vouchers: VOUC[-IER LIST D" VOUCHER #s TOTAL VOUCtiER A.MOWi T I 2-14-2007 13369-13468 $543,488.66 f~ RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGETlFINANCIAL IMPACTS: " STAFF CONTACT: Lisa Combs, Accounting Technician ATTACHMENTS Voucher List % . vchlist Voucher List Page: 1 1211412007 11:15:19AM Spokane Valley Bank code : apb8nk Voucher Date Vendor - Invoice ' PO # Description/Accourrt AmouM 13369 12/3/2007 001567 VANDERVERT CONSTRUCTION, INC 2007-17.1 • REPAVIMG: LOWES HIW 78,064.38 Total: - 78,064.38 13370 12/5/2007 000724 FAULKNER, JASON Training . BUDGEf TRAINING 250.00 Total: 250.00 13371 ' 12/5/2007 000165 DEPT OF REfIREAAENT SYSTEA+IS 12/5 PY PERS ADD PMT-KNUTSON, KENNE 31.64 Total : 31.64 13372 12/5/2007 001574 URLACHER, DARRELL Refund . REFUND DAMAGE DEPOSIT 230.00 Total : 230.00 13373 1215/2007 000193 NOR'fHWEST CHRISTIAN SCHOOL INC Dec 07 DEC 07 RENT'' - 29,433.12 Total : 29,433.12 13374 12l6120U7 000120 AWC EMPLOYEE BENEFITS TRUST 12/05 PY ADD PMT FOR DUFFEY, D AAED&DE 1,208.53 - Total : 1,208.53 13375 1216/2007 000028 FARMERS & MERCHANTS BANK 5045 CC: DEVLEMING 102.65 Total : 102.65 13376 12/6/2007 000028 FARMERS & MERCHANTS BANK . 1829 CC: 1829 - 1,983.67 Total : 1,983.67 13377 12/612007 000028 FARMERS & MERCHANTS BANK 1829 CC: 1829 140.93 . Total : 140.93 13378 12R/2007 000028 FARMERS & MERCHANTS BANK 4567 CC: GRIFFITH 407.69 • . . . . Total: 407.69 13379 12J10/2007 000779 SOUTHARD, BRAD 301318 41495 QUOTE NO. 0003.07 DEAD ANIMAL 1,630.00 " Total : 1,630.00 , 13380 12/11/2007 000093 THE SPOKESRAAN-REVIEW INC. 50869 CLASSIFIED ADS: MR 2,183.14 Total : 2,183.14 13381 1'2N 1/2007 000093 THE SPOKESMAN-REVIEVII INC. 50869 CLASSIFIED ADS: HR 1,144.68 0 0 vchlist Voucher LiSt Page: 2 1211412007 11:15:19AM Spokane Valley Bank code : apb2nk Voucher Date Vendor Invoice PO # DescriptioNAccount Amount 13381. 12l11/2007 000093 000093 THE SPOKESMAN-REVIEW INC. (Continued) % Total : 1,144.68 13382 12111/2007 000093 THE SPOKESMAN-REVIEW INC. 1069315 • ADVERTISING: HR 1,166.20 Total: 1,166.20 13383 12/11/'2007 001162 INLAND NW CHAPTER ICC RegistraUon DESIGN CODE CONFORMING DEC 60.00 Total : 60.00 13384 12J11/2007 001162 IfdIAND N1N CHAPTER ICC Registration DESIGN CODE CONFORMING DEC 60.00 . . Total : 60.00 13385 12/1112007 001377 COMBS, LISA Mileage MILEAGE REIMBURSEMENT 20.86 Total : 20.86 13386 12/11/2007 000341 RICOH AMERICAS CORP 07125034084 MONTHLY LEASE PMT: PERMIT CT 1,698.17 , Total : 1,698.17 13387 12/12/2007 000420 SPOKANE REGIONAL HEALTW DIST 1st Malf FUNDING CLEFT PALATE 3,424.00 Total : 3,424.00 ' 13388 12/12I2007 000420 SPOKANE REGIONALHEALTH DIS7 Restaurant Permit 20118 COMPLEX RESTAURANT PER 650.00 Total : 650.00 13389 12/12/2007 000649 WSBA WSBA #24087 2008 UCENSE FEE: DRISKELL 442.69 Total : 442.69 13390 12/12/2007 000649 WSBA WSBA #12448 2008 LICENSE FEE: CONNELLY 422.00 Total : 422.00 13391 12114/2007 001324 A.S.E. KIDS, LLC FALL 07 STRETCH S7RETCH N GROW: FALL 07 182.00 Total : 182.00 13392 12/1412007 004958 AAA SWEEPING, LLC. 39342 41797 CONTRACT N0. 07-021-VACTORINI 6,102.04 •39343 41579 CIIY CONTRACT NO. 07-001 SWEE 62,366.25 Total : 68,466.29 13393 12/14/2007 000998 AIR FILTER SALES NW, INC. 46970 AIR FILTERS: CP 2,885.55 ' Total : 2,885.55 Pege: 2 vchlist Voucher List Page: 3 1211412007 11:15:19AM . Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13394 12/14/2007 001534 ALL PRINT 10844 BUSINESS CARDSMAME PLATES 226.65 Total : 226.65 13395 12/14/2407 001081 ALSCO LSP0322913 MATS: PRECINCT 10.74 . LSP0326172 MATS: PRECINCT 2_39 ' Total : 13.13 13396 12/14l2007 004335'ALTON'S TIRE INC. 6-29712 OIL CI-tANGE: 40206D 64.30 ' Total : 64.30 13397 12/1412007 000687 AMERICAN INST OF ARCHITECTS AIA RENEWAL 20U8 AIA MEMBERSHIP REfdEWAL: 576.00 Total : 576.00 13398 12/14/2007 000030 AVISTA UTILITIES 080091047 UTILITIES: 2426 N DISCOVERY PL 6,168.94 410102159 SIGNAL: BARKER/MISSION 12.37 • Total : 6,181.31 13399 12/14/2007 001409 BEST LINE PROF ANSER SVC 053111292007 AUTOMA7IC POSTING: CP 20.00 Tota I : 20.00 13400 12/1412007 000168 BLACK BOX 142284 ' SERVICE CALL• CP 323.09 Total : 323.09 13401 12/14l2007 000918 BLUE RIBBON LlfdEfd SUPPLY, INC. 8871601 LINEN SERVICE: CP 380.61 8$73571 UNEN SERVICE: CP 379.46 , 8875525 LINEN SERVICE: CP 381.75 S0054661 UNEN SERVICE: CP 31,28 ' Total : 1,173.10 13402 12/14l2007 001022 CARR SALES CO. S1007935.001 41876 LAMPS: CP 353.08 Total : 353.08 13403 12/1412007 OQO968 CHARLEY'S CATERING COMPANY CATERING CATERING:INAGSTAFF 120.88 ' Total : . 120.88 13404 ' 12/14l2007 000143 CI7Y OF SPOKANE 00104058 VALLEY TRANSFER 4,689.84 Total : 4,689.84 `-e: 3 vchlist 0 0 0 Voucher List . Page: 4 1211412007 11:15:19AM Spokane Valley Bank code : apbank . Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 13405 12/14/2007 001440 CLEARPA7H, LLC 245 CITY C7R PROPERTY NEGOTIATIO 18,901.80 • Total : 18,901.80 13406 12/1412007 004571 CODE PUBLISHING COMPANY 29439 . WEB MOSTING 381.15 • Total: 381.15 13407 12/1412407 000109 COFFEE SYSTEMS IIdC 55513 COFFEE SERVICE: CP 59.80 55514 COFFEE SERVICE: CIIY HALL 153.56 Total : 213.48 13408 12l14/2007 000508 CONOCOPHILLIPS FLEET 87016-6725 NOV FLEET FUEL BILL 1,852.75 Total : 1,852.75 13409 _ 12/14/2007 000035 CORPORATE EXPRESS 172520638-001 41888 CORPORATE EXPRESS - ROXANNI 124.81 Total : 124.81 13410 12114/2007 001134 DEPT OF HEAITH Operator Rene►val WA'IER WORKS CERT: COLLIER 42.00 . Total : 42.00 13411 12/14/2007 000152 DEPTOFTRAfdSPORTATION RE-313-AT671113037 PROJECT: GCA4912R 1,281.70 RE-313-AT671113066 SIGNAL & ILLUMINATION MAIfdT 4,162.71 RE-313-AT671113067 STATE ROUTE ROADWAY MAINT 6,544.66 • Total : 11,989.07 13412 12/14/2007 000912 •DEX MEDIA WEST 200353924 ONGOING ADVERTISING: CP 218.85 Total: , 218.85 13413 12/1412007 001569 DUNCAN, JULIE Refund REFUND DAMACE DEPOSIT 140.00 Total : 140.00 13414 12/14/2007 000746 EMPLOYMENT SECURITY DEPARTMENI 217156-00 2 4TH QTR 2007 UI TAX 394.03 Total : 394.03 13415 12/1412007 000010 FEDEX KINKO'S OFFICE SERVICES 289700004273 0000511360 3,644.83 • Total: 3,644.83 13416 12/14/2007 401571 FLSMIDTH RAHCO, INC Refund REFUND DAMAGE DEPOSIT 336.00 ' Total: 336.00 Page: 4 vchlist Voucher List Page: 5 12/14/2007 11:15:19AM Spokane Valley . Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13417 12J14P2007 001447 FREE PRESS PUBUSHING INC 29691 LEGAL AD: CI'fY CLERK ' 53.20 29693 LEGAL AD: CI'fl' CLERK 20.25 . 29694 . LEGAL AD: CITY CLERK 25.013 29695 LEGAL AD: CI7Y CLERK 25.50 . 29696 LEGAL AD: CITY CLERK 37.50 29697 LEGAL AD: PLANNING 101.25 • 29717 LEGAL AD: CITY CLERK 54.60 • 29719 LEGAL AD: PLAfdNIP1G 61.50 29737 I_EGALAD: PLANNING 53.25 29738' LEGAL AD: PLANNING 76.50 29739 LEGAL AD: PLANNING 66.00 Total : 574.55 13418 12/14/2007 000735 FREEDMAN TUNG BO7TOMLEY 60363 SPRAGUE/APPLEWAY SUBAREA 6,599.19 60364 SPRAGUE/APPLEWAY SUBAREA 11,172:52 60365 SV LIBRARY MASTER PLAN 16,112.60 60392 SPRAGUFJAPPLEWAY SUBAREA 16,457.63 ' 60393 SV LIBRARY 11AASTER PLAN 16,292.78 . 60400 REVISED SV LIBRARY hAASTER PLAN 7,285.63 • 60404 REVISED SPRAGUE/APPLEWAY SUBAREA 20,854.81 60415 SPRAGUE/APPLEWAY SUBAREA: F 2,603.44 ' Total : 97,408.60 13419 12I14/2007 000321 GREATER SPOKANE INCORPORATED 57985 MONTHLY LEADERSHIP MTGS: WII 100.00 Total: 100.00 13420 1211412007 001572 HEHMAN, DEYNA Refund REFUND DAMAGE DEPOSIT 329.25 ' Total : 329.25 13421 12/1412007 000441 NOME DEPOT CREDIT SERVICES 3086114 SUPPLIES: CP , 129,81 8050609 SUPPUES: CP 26,51 Tot31 : 156.32 13422 12114/2007 000022 INLAND BUSINESS PRODUCTS, INC. 55567 PHOTO ID CARD 23.89 Total : 23.89 13423 12l14/2007 000070 INLAND POWER & LIGHT CO 94202-002 UTILITIES: SC FLOFZA/TRENT 40.14 94202-003 UTILITIES: TRN SIG 66.66 5 \.V: vcniist . O . Vou`cner List O . Pago: 6 1211412007 11:15:19AM Spokane Valley Bank codc : apbank • Voucher Date Vendor Invoice PO # Qescription/Account Amount 13423 12/14/2007 000070 INLAND POWER & LIGHT CO (Continued) 94202-005 UTILITIES: DISMMAN-MICA/SCH/1FE 130.42 94202-006 STREE7 LIGHTING 201.60 Total : 436.82 13424 12/14/2007 001016 INSTITUTE OF TRAfdSPORTATION, ENGI ITE DUES ITE 2008 OUES: NOTE 282,04 ' Total : 282.00 13425 12/14/2007 001568 ISSA • Refund • REFUND DAMAGE DEPOSfT . 50.00 Total : 50.00 13426 12/14/2007 000012 JOURNAL OF BUSINESS INC. SUBSCRIPTION 2008 SUBSCRIPTION: BRANCH 38.00 Total : 38.00 13427 '12/1412007 000864 JUB ENGINEERS, INC. OQ49198 41166 06-001 STREE7 MASTER PLF1N 17,593.91 Total : 17,593.91 13428 12/1412007 000786 K& N ELECTRIC MOTORS, IP1C. Q085711 41482 PUMP STATION MAINTENANCE WC 488.70 Total : 488.70 13429 12/14/2407 001576 KENDALL, KAREN Mileage MILEAGE REIMBURSEMENT 12.62 - Total : 12.62 13430 12/1412007 000635 KUHTA, SCOTr Expenses EXAENSE REIMBURSEMENT 233.40 Tota I : 233.40 13431 12114/2007 000755 LEAGUE OF OREGON CITIES 6438 CLASSIFIED: P*R DIRECTOR 45.00 Total : 45.00 13432 12/14J2007 001462 LEMASTER DANIELS PLLC 2002723 ACCOUNTING SERVICES 13,035.00 ' 2006645 ACCOUNTING SERVICES 4,280.00 . Total : 17,315.00 13433 12114/2007 000993 LES SCHWAB TIRE CENTER 582834 WINTER CFIANGEOVER: 06769D 56_47 582864 WINTER TIRES: 40208D 742.05 • 'Tota I : 798.52 13434 12/1412007 000258 .AflICROFLEX INC. 00017360 TAXTOOLS SOF7WARE: OCT 07 341.95 Page: 6 vchlis# Voetcher List Page: 7 12M412007 41:15:99AM Spakam Valley . Bank code : apb8nk Voucher Date Vendor Invoice PO'# Descriptionlllccount Amaunt 13434 . 12l1a4zoo7 000258 000258 MICROFLEx [Nr-_ {Continuod} - 7otai : 341.95 73435 12114l2007 000132 [I+1ODEF2N ELEC7R1r- UUATER COMPANY 045CQ-U1 CONINO LCGN7: 721 PiNES 98.60 04575-02 COMN7 LIGHT_ 13373 BROADWAY 52_59 _ 04553-01 COMN7 LIGHT; 2303 E 16TH 98_27 04556-D1 COMM LIGHT: PINESlMISSIOh! 99,26 04559-DI UT1LlT1ES: 11123 E M1S 510N 87.42 04562-11 U7ILITIES' 11423 E MISSION 119.57 " 04605-02- COMM LICHT; 9118 E MIS$ION 49.96 _ 44639-02 COA+EM LIG HT: 9122 EBROADWAY 39.64 04669-02 CoMM LIGHr: soo N uN]VERsirY BB_65 04E91-02 COMNp LIGHT- 900 N BOWDISH 44.93 ' . 04732-D1 UTILITIES' 100 N BALFpIIR 42A0 . 04745-42 CC) MM LICHT: 9707 ESPRACUE 76_67 04792-02 . COMM LIG HT' 11600 ESPRAGLIE 66.03 " 04836-42 ' IJTILITIES' 10 ESPRAGUE 73.80 04966-02 STREEf LIG HTS; 72112 ESP RAGU 6,036.90 04971-01 COMM LIGHT: SPRACiJEJPINES 1$4.11 06877-02 COMM LIGH7: 9111 ARG0NNE 73.64 07099-02 LIGI-ITS: 10701 E SPRAGIIE $824 07247-D2 Lfl'ILITIES: 9207 E MONTGOMERY 69.84 . 0775"2 LJTILITIES: 12910 ESPFtAGUE 37.06 07850-02 - lrl'iLITIES: 10920 E SPFtAGuE 6437 . 07867-132 COMM LIGHT; 1600 N MULLAPf 45_43 08297-02 LJTILITIES: 13001 ESPRACLIE 61.68 08343-D2 TRAFFIC LlCHTS: 10700 E 4TH 91.88 45779-01 STREF-[` LICHTS: 10$1$ SF27 244.00 09909-02 . COMM LlGH7: 9614 E2ND 97.77 09919-02 CON7M LiGW7: 213 E 2ND 95.54 09963~02 XW}4LK: 11723.5 E M 1SSIO1N 36_61 10038-01 U7ILITIES; HERALD1SPRAGI]E 1,369.26 . 10039-01 UTILITIES: WILLOWfSPRACUE 927_74 10040-01 UTILITIE& FARRJSPRAGUE 1,318.76 . 10041-01 UT1LlTIES: DARTMOUTWlSPRAGUF 1,119_64 'I Q042-01 UTILkTIES: 167HlSALTESE 227,42 10046-02 COP11M LIGHT= MISSIONIMCDONALC 51.49 10049-02 XWALI{: BROADWAI' SCHOOL 40.77 . 7 0 . ~u Q . vcnrst vo n~ . er List Page. 8 12/1412007 11:15:19AM Spokane Valley Bank codc : epb2nk Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 13435 12114/2007 000132 MODERN ELECTRIC WA7ER COMPAfdY (Cantinued) 10176-01 U7ILITIES: 1647 S PINES 379.04 Total: 13,630.78 13436 12/14/2007 000132 MODERN ELECYRIC WATER COMPANY 09910-02 COMM UGHT: 114 E 2ND 29.61 10031-02 SECURITY UGHT: APPLEWAY/WIU 12.20 • Total: • 41.81 13437 12N4/2007 001035 NETWORK DESIGN & MANAGEMEN7 15835 • SERVER MAIN7ENANCE 3,672.50 Total': 3,672.50 13438 12l14/2007 000239 NORTHWEST BUSINESS STAMP WC. 65449 REPLACEMENT STAMI' PADS '35.62 , Total : 35.62 13439 12114J2007 000243 NORTHWEST SIGN SUPPLY INC. 3816 FINANC[ CWARGE 3,50 ' 812415 WEAVY MATT CTD: I'LANNING 240.01 . Total : 243.51 13440 12/14/2007 00005$ OCCUI'ATIONAL MEDICINE ASSOC. A500163 PRE-EMPLOYMENT SCREENING 260.00 Total : 260.00 13441 12/1412007 000036 OFFICE DEPOT CREDIT PLAN, DEPT 56- 966011487000 DG: SUPPLIES 10.85 . 966116906000 DG: SUPPLIES 103.15 . 966119970000 BItdG: SUPPLIES 90.96 FC FINANCE CHARGE 69.53 Total : 274.49 13442 12/1412007 000652 OFFICE DEPOT INC. ' 404895767-001 OFFICE SUPPUES: DG 172.42 408345743-001 BRACKETS FOR PROJECTIOiV SCF 42.01 409470877-001 SUPPUES: DG 491.58 410219742-001 41684 MAP HANGERS 168.75 ' 410219742-001 41898 OFFICE SUPPLIES . 119.08 41899 • 410248135-001 . 41889 OFFICE DEPOT - CARRIE 19.64 Total : 1,013.48 13443 12/14/2007 001570 OP/IWBE A-08-02 ANNUAL FEE 100.00 Page: 8 vchlist Voucher List Pa9e. 9 12I1412007 11:15:19AM Spokane Valloy . ' Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13443 12114I2007 001570 001570 OMWBE • (Continued) Total : 100.00 13444 12114/2007 000832 OXFORD SUITES OF SPOK. VALLEY Refund REFUND DAMAGE DEPOSIT 80.40 Total : 80.40 13445 12114/2007 000119 PIP PRIM'ING INC. 1330039047 • BUSINESS CAROS/NAME PLATES 665.14 1330039695 BUILDING DIV FORMS 1,165.37 FC . FINANCE CHARGE- 14.58 Total : 1,845.09 13446 12114/2007 001089 POE ASPHALT PAVING, INC_ 42545 41677 ST & SW MAINTENANCE & REPAIR 2,046.77 42546 - 41677 ST & SW MAINTENANCE & REPAIR 1,271.85 42547 41677 ST & SW MAIfdTENANCE & REPAIR 3,149.13 . 42548 41677 ST & SW MAINTENANCE & REPAIR 4,643.37 42549 41677 ST & SW MAINTENANCE & REPAIR 4,791.38 ' 42550 41677 ST & S1N MAINTENANCE & REPAIR 7,068.87 , Total: 22,931.37 13447 1211412007 000494 PRO PEOPLE STAFFING SERVICES 26J21 S7AFFING SERVICE: CP 1;120.80 26.862 STAFFING SERVICE: CP 11141.59 26.997 STAFFING SERVICE: CP 911.07 • Total : 3,173.46 13448 12/14l2007 000291 PROJECT ACCESS, INC. 8 4TH QUART'ER SERVICES . 7,500.00 . Totai : 7,500.00 13449 12/14/2007 000322 QWEST 509-921-6787 5116 PHONES: MIRABEAU MEADOWS 86.16 509-922-7091 0608 PHONES: MISSION POOL 87.16 509-924-4707 740B PHONES: TERRACE VIEW POOL 97.12 Total: . 280.44 13450 12/1412007 000952 RECALL SECURE DESTRUCTION, SERV 3901129318 • DOCUMENT DESTRUCTION: CD 18.90 • Total: 18.90 13451 12/1412007 000709 SENSKE LAWN & TREE CARE INC. 1914738 CEN7ENNIAL TRAIL LAWN SERVIC 1,938.51 7814744 LANDSCAPING: CP 49,799.38 Total : 51,737.89 9 ~ . • ~ . , C vchlist . Voucner List Page: 10 1211412007 11:15:19AM . Spokane Vailey • . Bank code : aphank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 13452 12114/2007 000935 SERVICE PAPER COMPANY 30413907 • JANITORIAL SUPPLIES: CP 1,251.29 304139Q8 JANITORIAL SUPPLIES: CP 286.81 ' 3Q413910 _ JAIdITORIAL SUPPLIES: CP 113.40 Total : 1,651.50 13453 12/14/2007 000323 SPOKANE CO. UTILITIES 0429031115953 UTILITIES: 2428 N DISCOVERY PL 781.95 • Total : 781.95 . 13454 12114I2007 000324 SPOKANE.CO. WATER DIST. #3 170-0040-03 UTILITIES: 906 Pl PARK RD 25.52 475-1495-00 UTtLITIES: 1805 S WOODRUFF RD 34.25 Total : 59.TT 13455 12J14I2007 000898 SPOKANE PROCARE 31324 41575 CONTRACT NO 07-003 LANDSCAPI 117.34 . 3825 41575 CONTRACT NO 07-003 LANDSCAPI 912.24 . 3827 41575 CONTRACT NO 07-003 LANDSCAPI 638.03 4477 41593 LANDSCAPINC SERVICES 285.62 4737. 41575 CON7RACT NO 07-003 LANDSCAPI 1,512.26 5£72 41575 CONTRACT NO 07-003 LANDSCAPI 2,921.34 . 5673 41575 CONTRACT NO 07-003 LANDSCAPI 743.91 8629 41575 CONTRACT NO 07-003 LANDSCAPI 248.14 8630 41575 CONTRACT NO 07-003 LANDSCAPI 274.22 • 8631 41575 CONTRACT NO 07-00 3LANDSCAPI 313,30 8907 41575 CONTRACT NO 07-003 LANDSCAI'I 279.10 Total : 8,245.46 13456 12/14/2007 000391 SPOKANE VALLEY FIRE DIST. #1 UFC Fees 1ST, 2ND, 3RD QTR UFC PERMIT F 22,198.97 Total : 22,198.97 13457 12/14122007 000939 SPRAGUE & SULLIVAPI MINISTORAGE 33534 S70RAGE UNIT: DEC 123.00 Total : 123.00 13458 12l1412007 000065 STAPLES BUSINESS ADVANTAGE 3094297801 OFFICE SUPPLIES: DG 93.15 Total : 93.15 13459 ' 12114120fl7 000257 STATE AUnITOR'S OFFICE L67778 AUDI'fORS 10,629.40 Total : 10,629.40 13460 12/1412007 000211 STATE TREASURER Renevral I'ROFESSIONAL ENGINEER: KNUT 100.00 ' Page: 10 vchlist Voucher List Page: 11 1211412007 11:15:19AM Spokane Valley Bank code: apbank _ Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 13460 12/14/2007 000211 000211 STATE TREASURER (Continued) Total : 100.01) 13461 12/14/2007 001464 T1ME WARNER TELECOM . 01836255 CENTERPLACE INTERNET 886.00 . Total: 886.00 13462 12/14/2007 001577 TRESKO MONUAAENT CO 23088 ENGRAVE ADDRESS IN ROCK 380.10 Total : 380.10 13463 12/14J2007 001575 TUPPER, KEN Permit Refund REFUND PERMtT FEES 3,775.00 Total : 3,775.00 13464 12114J2007 000167 VERA WATER & POWER 0001-031971.02 UTILITIES: EVERGREENlMISSION 86.93 0001-032805.00 UTIUTIES: 15008 E MISSION 21.63 0008-010790.01 UTILITIES: STH/SULLIVAN 11,20 0010-003488.01 UTILITIES: SPRAGUElSUWVAN 113.44 0011-010826.01 UTIUTIES: SULLIVAN 44.45 0012-004137.02 UTILITIES: 805 S EVERGREEN 67.43 0013-032589.01 UTIUTIES: STHlEVERGREEN 57.14 0014004275.01 UTILJTIES: SALTESE/MCDONALDS 25.99 0014-032971.00 UTILITIES: 16T1-IlEVERGREEN 35.57 • 0016007780.00 UTILITIES: N POOL- 25.23 0018-031941.01 , UTILITIES: . 62,71 0018-032752.00 UTILITIES: 1604 ST CHARLES 20.71 0030-031 &t2.01 'UTI LITI ES : 48,44 • - 0088-000005.00 Sl'REET LIGHTING 1,714.40 Total : 2,335.27 13465 12114J2007 000038 WASTE MANAGEMENT OF SPOKANE 2037948-2681-8 WEEKLY TRASH SERVICE: CP 341.23 Total: 341.23 13466 12114f2007 001573 WOLLAN, ANGELA Refund REFUND DAMAGE DEPOSIT 158.25 Total : . 158.25 13467 12/14/2007 000128 WRPA 07-665 2008 DUES: CEN7ERPlACE 364.00 Total : 364.00 13468 12/14/2007 001189 WSDA Pesticide Renewai 2008 PESTICIDE LICENSE: COLLIEI 25.00 . - . ' ~,~e: 11 . . _ ` ~ ~ vchlist Voucner List PagQ: 12 1211412007 11:15:19AM Spokane Valley Bank code : apbank , Voucher Date Vendor invoice PO # DescNption/Account Amount 13468 12/14/2007 001189 001189 WSDA (Cantinued) Total : 25.00 100 Vouchers for bank code : apbarlk Bank total : 543,488.66 100 Vouchers in this report Total vouChers : 543,488.66 I, the undersigned, do cert;iify under penalty of perjury, thst the m3terials have been furnished, the serviccs rendezed, or the labor performed as described herein . and that the claim is just, due and an unpaid oblagation againat the City o£ Spokane Va]]ey, and that ' I am authorizQd to authentiicate and certify said claim. Financ;e Director Date , Msyor Date Counci.l iVlember ' llate . Page: 12 CITY OF SPOKANE VALLEY Request for Council Action ~ Meeting Date: 01-08-08 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 : Payroll for Period Ending December 15, 2007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: .O OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETlFINANCIAL IMPACTS: Gross: $173,234.36 Benefits: $ 23,037.01 TOTAL PAYROLL: $196,271.37 STAFF CONTACT: Raba Nimri ATTACHMENTS ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-08-08 City Manager Sign-off: Item: Check all that apply: [D consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending December 31, 2007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Grass: $177,850.56 Benefits: $105,047.10 TOTAL PAYROLL: $282,897.66 STAFF CONTACT: Raba Nimri ATTACHMENTS ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 01-08-08 City Manager Sign-off: Item: Check all that apply: ~ consent ❑ old business ❑nevr business ❑ public hearing ❑ information - ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Purchase and Maintenance of Computer Tablets BACKGROUND: Staff and Council discussed the purchase of computer "tablets" to ease in future handling of Council packet materials. The matter was included as an "information only" item in the November 27, 2007 council packet, Council heard a presentation from staff, including a demonstration of how the tablets perform, during their Nlarch 20, 2007 meeting, and at the December 18, 2007, it was Council consensus to place this matter on the next consent agenda for purchase of the computer tablets, noting that the current computer laptops are beyond their prime. . BUDGET/FINANCIAL IMPACTS: . Approximately $1,700 per tablet, x 12 =$20,400 ~ . MOTION: Authorize staff to move forward with purchase of a minimum of twelve computer °tablets;° one for each Councilmember, City Manager, Deputy City Manager, City Clerk, Legal, and for additional staff members. ATTACHMENTS None STAFF CONTACT: Chris Bainbridge, Greg Bingaman ~ ~ D.RAFT 0 M]NUTES CTa'Y OF Sl'OKANE VA:LLEY CTTY COTJNCII. STUDY SESSION Tuesday, December 4,2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed cveryone to the meeting. Fresenf: Couneilmembers: Staff: Diana Wilhite, Mayor Mike Jackson, Deputy City Manager Steve Taylor, Deputy Mayor Cary llriskell, Deputy City Attomey Dick Denenny, Couneilmember Kathy McClun;, Community Development Dir. Mike DeVleming„ CounciLnember Ken Thompson, Finance Director Bill Gothmann, Councilmember John I-Iohman, Development Engineer Rich Munson, Councilmember - Greg McCormick, Planning lVlanager • 1Zick VanLeuven, Police Chief . Absent: Mike l3asinger, Assaciate Planner Gary Schimmels, Councilmember Morgan Koudelka, Senior Administrative Analyst Carolbelle i3ranch, Public Information Officer Chris Bainbridge, CiCy Clerk It tivns ►noved by Deputy Mayor Taylor, seconded, and ununimously approved to excuse Councilmeniber ,Scjiintmel.s fran lonight's meeting. ~ Eniployee Introductions: Finance Director Thompson intraduced new Accountirig vlanager Dan Duffey; Deputy City Manager Jackson introduced Chris 'I'hompson, Office Assistant for Center lteception; Senior Engineer f-Iohman introduced Engineering Teeh Mary Ma}; and Senior Engineer Worley introduced Senior Engineer Ken Knutson. Council greeted arid Nvelcomed new staff members. . 1. Tnurisin Promotion Area Funding Mpc1e1-Dan Zimmerer snd Judv Sander Spol:ane County MoteUMotel Association (SCFMA) President Dan 'LiiTimerer and TPA Commissioner representing Spokane Valley Jody Sander, spoke as advocates for the removal of the "sunset clause" from the Tourism Promotion Area funding model. The agreement's termination was not slated to expire until the end of 2008, but v1r. Zimmerer explained, with assistance from Ms. Sander and Mr. Sladich, that they need the flexibility of negotiating cvents to comc to this area tis fa[' in the fuCute a5 2014, and as other surrounding communities havre adopted the moclel, thcre is increased competition region-wide, which explains why havi.ng the agreement extended 'ui thrce-year increments also would not function we1L Mr. Zimmerer spnke of the increases in room nights over last year, and that the TPA's strongest economic development tool in the hospitality comrnunity has been the main driver behincl the incrcase in t}ieir region, adding Lhat the sunset clause hampers planning seversl ycars in advane.e, in response to qucstions about "checks and balances," Mr. 7_immerer noted diat the i.nterlocal includes language to allow the liotel community to disestablish if there were a misuse of funds, or fney felt they were not getiing the needed return on the investment; and that the Board of County Commissioners can also dismantle it if tlccessary. Mr. Sladieh addEd Chat they are not certain at this point if the cities of $pokane and Liberty Lake will narticipate, although he said there are no signals yet that they rnight not. Deputy yfayor Taylor said he has not heard from any Valley hoteliers conccrning the sunset clausc; to whicti Ms. Sander said she represents the Valley and that no Valley hoteliers are having a problem with the removal of die clause. ?hcre was ~ Council consensus to place this issue on the nest Council agenda for a motion consideration ro amend the agreement and remove the sunset clause. Study Session Mccting Minute:s: 12-04-07 Page 1 of 4 Approved by Council: DRAFT . 2. Site Selector - Morgan Kuudelka, Dr. Brooks, Ian VonEssen and Robin Toth Administrative Analyst Koudelka introduced Dr. Kerry Brooks from Washington State University, Robin Toth of the Greater Spokane, Ine., and 1an VonEssen from Spokane County to discuss the updates on the site selector, addins that Council approved funding for one year and wanted a progress report at the end . of the year to allow Council opportunity to *consider future funding. Dr. 13rooks explained that the Consortium launched its websitc to allow access of business information research to regional real estate sites; that the website has bcen operating since June of this year, and that the Consortium continues to work to refine their Uack.ing data capabilities. Ms. Toth also explained that thcy have been pleased with the website and the traffic generated from it; that they have expcrienced some growing pains; that the ariginal intent was to bring data from the commercial brokers' websites from Seattle; that "Choose Washington" decided not to renew Lheir contract with the Commercial I3rokers Association, so they did an agreement with Commercial Brokers Assnciation, and the consensus from that •association is very strong. 17r. Brooks then described the plans for the second phase nf reportiing and their use of the Google product tJRCHIN which will assist in deterniining how many times a property has been selected and where the selection came from; and said that they are continuing to learn about Ihose capabilities. Brief discussion ensued regarding use of this site for other than realtors; the iclea of gathering data on people who have moved here after visiting the website, or as a result of using the site selector; careful tracking; aclditional training; edticating sales people about the siCe; doing more ouh-each and encouraging more brokers to share their data. Mayor 1Wilhite thanked thc presenters for the infarmation, and said dlis item is set in the budget for funding, and the matter is set for a motion consideration at the December 1 I council meeting. 3. Arts Council Proieet - Yfike Jackson. Dr. Harken Deputy City Manager Jackson explained that the Arls Council is attempting tn raise Funds to place die "Wall:ing the Line" bronze sculpture in Mirabeau Point ParE;; and that t;hey recommend locating the - sculpturc closer along the trail, rather than out in front nf CenterPlace. Dr. Harken said that the Arts Council is about three and a half years old, has 5013c status, and has been grnwing continually; that in May of this year Peggy Doering asked him if they could put on an art event in connection with Valleyfest, and that they had acquirecl permission to use the Greal Room at CenterPlace; that they moved forward with that activity and in discussing the arts wilh several arts council members, they dctermined there is a need for a specific piece of ut to get public viewing; and that the artists agreed to provide this pieee at wholesale; that these pier,es generally cost from $100,000 to $300,000 each; that the Arts Couneil felt this is a gond plan, znd diat they wanted to cnter into an agreement with the artists rE;garding the funding, but didn't want to do so premAturely. Dr. Harken also mentioned the sculpture site will need light, and will necd to be put on 1 base; and that the artist agreed to hold the pricc while the Arts Council works to raise funds. Mr. Jackson said the Arts Council proposes to handle the purchasc and placement, and that the City will have some annual maintenance, unless the City wants to participate on some othcr level; that the Arts Council will have it i.nstalled; electeicity will be a marginal cost, and the falls area has libhting. Mr. Jackson said he estimated an annual electrical cost less than $2,000. Thc natural area was discussed, and it was determined that the exact place will be left up to the Arts Council and Mr. Jackson; and it was Council consensus to bring this matter back tis an action item for a motion consideration. 4. Stormwater Manual - John Hohman EnginEer 1-fohman said lhat staff wanted to discuss the adoption process for the Spokane Regional Stormwater Manual and give Council an update on the manual since there has been much progress in this endeavor. vir. Hohman explained that the City of Spokane Valley, Spokane, and Spokane County are worl:ing toward obtaining SrPA deterniination, with Spokane County acting as the lead agency; that staff plans to hold.a study session with the Planning Commission January 10; and holci a Planning Commission publie hearing January 24, with a public hearing for Council sometime i.n Fcbruary, followed by a meeting in March to consider the Manual's adoption. Study Session b4eeting h4inutrs: 12-04-07 Page 2 of 4 Approved by Cotmcil: DRAF7' Mr. Hohman also iioted that s[aff has been working with the .Departrnent of Ecology to obtain the equivalent requirements that the Suste has for the Eastern 1Vashington Stormwater Manual; that there will be hvo environmental permits required: onc for unclerground control and onc for the NPDES (National Pollutant Discharge Elimination System) Phase II permit. lqe mentioned we are required to adont the Eastern Washington Stormwater manual or havc our own technical equivalent; and that staff has obtained a lerter of equivalency for our Spokane Regional Stormwater vlanual, -vvhich letter was attaehed with the Council packet material for Council's reference. Some discussion on overall process and ttie permitting process ensued, and M.r. Hohman said he will update Council at a future meeting to compare the changes in the previous manual and this; that they did not lose any gTound from what die region came up with when Council was uptfated a couple years ago, that there were sorne tcchnieal aspect changes; and staff is working on a future presentation wilh more detail, and mentioned that they have hired some technical experts, including Stan vliller who is the leading groundwater expert, to Furt:her refine the study and look al spec;ific soils; and that once eomplete, . this will be the Spokane Regional Ntanual, and within that manual wc will have a Spokane Valley speciEc area to show best management practices to facilitate in that manual and tal:e advantage of our favorable conditions. Mayor Wilhite called for recess at 7:05 p.m. and reconvened the meeting at 7:12 p.m. 5. Comprchensive Plan Amendmcnts - Grel! 1'[cCormick and Mike Basinger Mr. lvicCormick and Mr. Basinger explainecl the pracess for the annual amendment of the Comprehensive Plan, which they explained runs from November 2 tp Novcmber 1 of the following year; that applications received prior to November 1 are considered by the Planning CorTimission in late winter or earty spring of Q the following year, with a decision by Council in late spring or early summcr; ancl that this conip plan amendment schedule is not iri accord with the aforementionecl timeline due to the previous demand involved in the adoption of the Uniform Devclopment Code. In response to Council question concerning ' tMe involvement of the Coutity in our process, Mr. NicCormick said that the County daes not have a role in our cAmp plan, but we do send the amendments to CTED (Department of Community Trade and Economic Development). Mr. McCormick Also explained that we rcceived one privately initiated comp plan amendment, and that there were sixteen initiatcd by staff, and that staff' withdrew one; that there are . hvo types of amenclments: amendments for text and amendments for the map. N1r. McCormick then explained the proposed comp plan amendments anci the correspondino Planni.ng Commissiott Finclings and Recommendations; and mentioned that Chey included a policy under TF-2.4 and the same policy amendment in TP-11.6 which states: "Ensure the Appleway Boulevard right of way is the minimunt wiclth nccessary to accommodate future street aiid high capacity transit improvements," and said that they felt it was critieal enough to include in both areas as it is applieable to both transit goals and street and roadways go11s. Councilmember Gothmann mentioned that the word "regional" is missing from the statement under TP-11.6. Mr. McCormick then brouglit Council attention to the maps at the end of tlie packet, which prompted discussion concerning the proposed Pines Road as a collector. Mr. MeCormick said that they are just changing the desigriation, but he can ask at the Department of Transportation what is necessary lo meet that criteria requi.rement. Several councilmembers askec3 about dhe process for amendments for 2008, and how they can have input in that prncess. Mr. Iariskell said he will get a respense to Council as quickly as possible concerning a regularly scheduled time in the future to specifically address any changes Council may want tn initiate; and Dcputy Mayor Taylor said he appreciated that research, as he prefers not to wait until November to have input for amendments fbr 2009. • ~ ~ . , Mr. Basinger then e.cplained the proposed map changes via his PnwerPoint presentation; and said that the goal is to give Council the oppnrtunity to sEe all the map amendments now, and that perhaps they could Scudy Session Meeting iMinutes: 12-04-07 Fage 3 of 4 Approved by Council: • DXAFT review the maps in further detail separately between now and the neact meeting. Mr. Basinger then briefly . explaincd the proposed changes, with noted Planning Commission recommendations, or in the case of CPA 01-07, there ,vas no recommend3Cion from the Planning Commission. The November 29, 2007 letter from Kithleen Ames was discussed, with Councilmember Gothmann asking how to eure what appears Co be a mapping error. Mr. l'vlcCormick explained that this letler was receivecl after the Planning Commission public hearing process and that while they missed the cutoff for this round of amendments, they ean remand this back to the Planning Commission if Council feels it is appropriate to do so; and Mr. McCormick gave some history of the area amd how the area was changcd through the County's process; and that he mentioned that NLr. Kuhta was in contact with the property owner's attorney several months aDo when this was braught to our attention. Deputy City Nlanager J3ckson said that staff will add that to the list of items to clarify, including whether these issucs must be amended collectively, or if one could be addressed separately; and Mr. Drisl:ell said he will have that informatinn priar to Council's first readino. vlr. Basinger dien completed his review for Gouncil of the remaining proposed amendments. . 6. Outside Agencv Fundinr/Cleft Palate - Councilmembers Denennv snd Gothmann Councilmember Denenny explained that the Depariment of Health and Outrcaeli Activities have agreed to fund the Cleft Lip and Palate ProF;ram, along with a local match of approx.imately $35,000; but that the $35,000 local match was allocatcd to othcr programs, and therefore, the County has drafted an interlocal agreement for cities to participate in this Program. Councilmember Denenny e;cplained that ralher than sign an interlocal agreement, he sugbested Council pariieipate by this one-time fund allacation of $6,848.00, given in hwo payments as we would know by the end of June if legislators reallacate their funding mechanism. Tt was mentioned that althoui;h lhe cities of Liberl:y Lake, Decr Park and Chciicy have elected not to parcicipate, their total contribution would not have been large, thus the other entities will likely absorb their portion. Councilmember Denenny also agrced with Deputy Mayor Tayloe that tliis is a temporary "fix" and said that the needed funding is simply not available, but this is a way to take eare of a problem until the end of neYt December. It was Council consensus to supporl tnis funding allocation, . . and asked staff to place this on the next eouncil agenda for a motion considcration. It was also noted that a budget amendment woul<I not be nccessary. 7. Advance Aj!enda Additions -Mavor Wilhitc It was noted that the Comprehensive Plan changes for the text and the map will be presented next week as an ordinance first reading. 8. Council Clieck-iu: no comments. 9. City Managcr Commcnts no comments. . There being no further busiaess, the meeting adjourned at 8:36 p.m. AT"I'EST: I7iana VJilhite, Mayor Christine Bainbridge, City Clerk • Study Session Meeting Minutes: 12-04-07 Pagc 4 of 4 Approvcd by Cotincil: DRAFZ' MIN UTES City of Spokane Valley `----f City Council Regular MecNng - Tacsday, December 11, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., a.nd welcomed everyone Co the 129'1' mectinS. Attendairce: Citv Staff Diana Wilhite, Mayour llave viercier, City Manager Steve Taylor, lleputy Mayor Mike Connelly, City Attorney Dick llenenny, Councilmember Iviikc Jacksnn, Deputy City Manager Mil;e DeVleming, Councilmember Ken Thompson, Fi.nance Director Bill Gathmann, Councilmember Neil Kersten, Public Works Director Rich Munson, Councilmember Kathy vicClung, Community T)cvelopment Dir. Gary Schimmels, Councilmembcr Greg ivicConnick, Planning vlanager Mike I3asinger, Assistant Planner Morgan Koudelka, Sr. Administrative tlnalyst Ch.ris Bainbridge, City Clerk 1NVOCATTQN: PasCor Cole of Wesleyan Church gavc the invocation. . FLEDGE OF AY,LFGIANCE: Mayor Wilhite lccl the pledge of allcgiance. ROLL CATJL: City Clerk 13ainbrid€e called roll; all enuncilmembers were present. ~ APPRQVAL UN" AGE\DA: It was nroved by Depury Mayor Taylor, secortded afld ununimoaisly agreed lo approve tlie ugerula as suhrnittecl INTROAUC 1'lON OF SPECIAL GUESTS As PRESENTATIOlYS: N/A C0MMITTFE, B0A1tD, ,LiAiSON SITMMA.RX REPOItTS: Councilmembee Dencnny said he attendecl the recent Healch Board meeting, and an opcri house at Fairchild. Deputy tilayor 7'aylor mentioned he held the second meetinb of the I..odging 'fax advisory corninittee and will report more on that IaCer. Council►nember Gothmann mcnlioned he also attended the Health 13oard Nteeting. Councilmember Munson reported that he chaired the Spokane Transit Authority dperations and Administrative Cammittee last week, and that they are slated to btty hwenty-five new buses in conjunetion with another municipality; thaC hc also chaired a meeting for tlie Associatio❑ of Washington Cities dealing with climate control; which issue will be diseussed during thc Srate legislative session this year. Councilmember DeVleming said he also atlended the Fairchilcl open liouse, and his 11st 911 Board meeting today, which discussed crime check. MAYUR'S REPOl2T: Mayor Wilhite reported that she went to the .Fairehild open house; and a housing affordability conference. Y17BLIC COl'1M~ENTS: Mayor Wilhite invited public comment; no commenCS were offerecl. 1. PUf3L[C JJFARING: Uniform Development Code E.mergencv Ordinance - Mike Connelly . Mayor Wilhite opened the public hearing at 6:09 p.m. and invited City Attorney Connelly to the padium. Mr. Cannelly explained that on November 7 Council passed inlerim ordinanee 07-025 in order to supplement the Unifarm Development Code (UDC) which beeane effective October 28; that the ~ J ordinance addressed the use of recreacional vehicles, accessory dwelling units; setbachs, a.nd future _ acquisition areas. Mayor Wilhite invited public comment; no commcnts were offcred and tMayor 1Vilhite closed the public hearing at 6:11 p.m. Cotmcil Regular Meeting: 12-] 1-07 Faee 1 of 9 Approved by Council: DRAFT 2. CONSENT AGI;IYDA: Consists of items consiclered routine which are approved as a group. A Councilmember may rernove an item from the Consent Agencia to be considered separately. a. Following Claim Vouchers: Voucher List Datecl 11-30-2007 b. Payroll for Period Ending iYovemher 30, 2007: $274,137.33 c. Vlinutes of November 7, 2007 Special Council Meeting d. Minutes of November 20, 2007 Special Joint Vleecing, Council and 1'lanning Commission e. Minutes of Nove_mber 27, 2007 Regular Council Meeting f. Res4lution 07-019 Amending R.esolution 03-027 Core Beliefs g. Resoludon 07-020 Amending Resolution 06-022 Governance manual h. Approval of Rc-licensing GranC Application It tivas nroved by Delxity Mayor Taylor, seconcled und ur:animously agreed !o approve !he Consent Agertrla. . ~~FE i W BUSiNES5: 3. First Reading Ordinance 07-026 Adonting Comprehensive Plan Text Amendnicnts - Greg McCormick / Mike Basinger • After City Clerk Bainbridge read the ordinance title, it was moved by DEputy A7ayar Tcrylor mtd secoizded to udvunce orclinunce 07-026 to a second readrrlg. Planning ianager McCormick explained that this is the first of h.vo readings necessary to adopt the changes to the Comprehensive 1'Ivn `1'ext as shown in red- line versian and as discussed previously for Chapter 3 Transportation, and Chapt'er 4 Capital Facilities and Public Services. Concerning aprevious question regarding changes proposed to Pines south of 10, it was cxplainecl thal' the downgrading from a minor arterial to a collector is proposed to make it match federal designations and havc the area designations consistent; that it does not change anything regardin; future funcfing, and at this point there is no plan in the Transportation Improvement Plan to improve the ~road. Mayor `Vil.h.ite invited public comment; no comments were offered. Ya1e by Acclamation: In Favor: . Urraninro:cs. Opllosed: None. Abstetilions: iUone. Motion carried. 4. First lYeadine Ordinance 07-027 Adoptint! Zoninj! man Amendments - Grcg McCormick / Mike Basinger After City Clerk Bainbridge read the ordinance title, it was maved by Deputy Afayor 'I"crylor arrd seconded to advunce Ordinunce 07-0271v a second readrtig. Ass4ciate Planner Basingcr went over each praposed change. It was also mentioned that the e-cnail from Mr. NVorley regarding the ['ines road mentioned in the previous agcnda item, and the response from Community Developrnent Director McClung concerning CPA-04-07 would be given later to the Clerk to include as nart of the record; ancf Ai1r. Basinger reminded Council that CPA-02-07 was withdrawr►. The following are the proposed changes and public cotnmcnts: CPA 01-07: Parcel 45261.0707 at 1607 S Sullivan lZoad; change from low density residential to neighborhotid comrnercial. Mayor Wilhite invited public comments. Patrick, McCarthv, 15530 r 20`h: stated that he attended the Planning Commission mceting and is opposecl Ca this change to a commercial lot; and that t}lis woulcl be the frst commercial lot south of ] 6'~ which is all residential. DouE Gore, NW Renovators, I.:ibe . T.,ake: said he feels this does not belong as sinole family residential any more; and that the Planning Commission agreed this does not belang as that designation cither; that traffic has made it ha7ardous as morning traffc eompetes wich school buses; that it endangers the public health, and should be changeci as recommended as the area is not big enough for anything other chan a small commercial entity. Colincil Regular Ivleeting: 12-11-07 F'age 2 of 9 Approved by Council: ~ DR-AFT Michacl T ee, Post O~ice Box 885, Lit~erty Lake: said in ~vorking ~vith the City for the last year and going througli the process to evaluate t:hat pareel, he feels the recomiiiendation of nei ;hborhood eommercial fits ~J ancl meets the criteria, that it would not be good as 1.ighC induserial or regional commercial; and stated support of staff's work to change this to neighborhooci commercial. CPA 03-07: various parcels located nn the nortlnvest cornee of Pines anci 32"'; change from Neighborhood Commercial to High Density. Mayor Wilhite invited public comment; no co►nments were offered. - Cl'A 04-07: various parcels east side of I'ines, North of Mansfield Road, change from high density resictential to Office. Mayor Wilhite invitcd public comment; nn comments were offered. The November 29 Ictter Prom I{athleen Ames was mentiooecl as Nvas Community Development Director iMcCluiig's responsc to that leCter; that staff spoke with Ms. A.mes arid came Co agreement concerning the officc designation, a,.s t}iE office zone permits fiieling stations and conveiiience stores as an accessory use. ' CPA 05-07: Parcel 55083.6401 at 1612 N Barker Road; chanae from Low Density Residential to Neighborhood Commercial. Mayor Wilhite invited public comment; no commetits werc offered. CPA 06-07: Parcel 45154.1717 at 102 N vfcDonald Road; change from Low Density Residential to Corridor Mixed-Use. Mayor WilhiCe invited public comment; no comments were nffered. Cl'A 07-07 Parcel 45184.0116 and 45184.0101 at 8910 E Broadway and 711 N Argonne Road; change from office to E-ligli DensiCy Residential. ln public comment, Chris Bornhoft said he owiis the property on the corner of Broadway and A.rgonne and supports the change. There were no other public comments. cil CPA 08-07 Parcel 45181.1224 at 9015 E. Cataldo r~venue; change from Office to Hi~l Density Residential. Mayor Wilhite inviteci public comment; no comments were ofCered. CPA 09-07 Parcel 45153.1715 at 512 N Pines Koad; change frqm Office to High Density Residential. Mr. Basinger rnentioned chis is I-I'lJD housing for disabled seniors. Mayor Wilhite invitecl public comment; no comments were ofFered. CPA 10-07 Part of the ]3arker/I-90 interchange; aboui 96 acres in size. 1'he request is to chanae from Corridor A+1ixed-Use to Regional Commercial, except for A small re,sidential tract located in the southwcst portion of the proposed amendment, w}iich the Planning Commission recommended be designated as T ow Density Ttesidentiat. vlayor Wilhite invited public comment. Lisa `I"hqmpson, 506 N Greenacres Road: said she is opposed co the change and requests that the area be "left alonc." That this was changed before ancl she did not know of that ch2nge until this proposed change, and mentioned that even some of the Planning Commission members felt it should be reverted to low density residential. Diane Stavish, N 511 Greenacres RQad: said she lives on this side of Barker; that she was not happy that the change from mixed commercial to regional commcrcial was "snuck in" as slte thought ie was still residential; she said that people arc upset; and that they are just a little family residential neibhborhood and don't even have sidewalks or sewers: and asks that the area bc left as it is. Bonnie ONvens, N 421 Greeiiacres Road: said she has livcd there for 36 years and is opposed to the _ change; and suggestcd changing land north of die frccway andlor east of Hooters as lhat is not being used and could change to cotnmereial without "tal:ing out a ncighborhoad." ~ Council Regular Meeting: 12-11-07 pagge 3 nf9 Approved by Council: DlAj,yT David Burgess, 1$022 E Alki: spoke in opposition to lhis change; he asked what woulcf happen to Broadway as far as being a major arterial, to which Mayor VViI}iite said she would have to look at the master strect plan; and I7eputy Mayor Taylor stateci that normally when development goes in, eonditions are placed on that development projeet, but'it is difficult to suppose what might happen now as no projects are pending for that area. vlr. .13urgess said Alki could not handle being a major ar[erial. John Fredrick 818 Greenacres Road: asked who is pushing for all this change and why; that tihey have nice houscs there ancf want Co know who is trying to run them ofF. Hugh Thompson, 18305 E Broadwax said he has livecl there for 44 yea.rs, and if cpuncil raisES his property taxes it might bankrupt hirn; that• he-is opposed to this and is not the on.ly one whn feels t11at way; and can't understitnd how the area shown on the map in purple could remain residential with the rest commercial. , Wes Beck. 19105 E Alki: said he lives further down Alki; that he lives in a house and not a busi»ess; and that iC is his understanding that if a dwelling is in a commercial area, you can't oet a loan on it and it would be useless Co re-sell as a house; and if the area is l•oo small for commercial, then you have nothing, so you would have made someone's home worthless. I-le said that the nurple syuare wasn't originally in t}iere, but that hexemains concerned about being zoned eommerciaL Greg Hicks. 18615 Alki: explained that he has lived there 31 years; and said he was offended by one of the Planning Commissiai members at the November 8 meeting when one of the Commissioners stated that owmers can sell out for a profit and move wherever they want; but he stated that he now lives where he wants to be. Mugli Dyche. 707 N Grecnaeres Rnad: stated that the residential eommunity is now isolated in a commercial areri, and unless you give that residential a.rea the freedom that it now has, Couneil will 'e<<entually "root thern out," which is what this plan atteratiori is doing; sb they will eventuatly Ue surrounded by commercial, and by traffic, and by trucks, and it won't be a nice community any more. CPA i 1-07: Parcel 35124.2504 and 2606 at 7320 E Nora Avenue; the area is currently a socccr facility, and the request is to change from Public/Quasi-Public to Light Industrial, Mayor Wilhite invited public comment; no comments were offcred. CPA 12-07: 1'arcel 45133.0405 at 7816 E IIroadway Avenue; chajige from Pligh Jaensity Resiclential tn Office. vlayor Wilhite invited publie comment; no comments were offered. C.PA 13-07 east of Pines behveen Pinecroft and Tren[; c:hange &om Public/Quasi-Public to Mi.ccd Use. Mayor Wilhite invited public commcnt. , 1'Ves Beck, 19105 B Alki: there was brief discussion betiveen ivlr. Back and staff snd Council lo answer the question of who puts through these requests when it stated the request is made by Spokane VaIley: is it the people or staff. NIr. Basinger explained that thal means that no one paid a fee to initiatc this ehange; that either staff noted an error or a citizcn brought the matter ro staff's attention noticing an inconsistency. CPA 14-07: Parcel 45161.0246 at 12006 F Mission Avenue; change from Public/(luasi-Public to Offce. Ma}ror VVil.hite i.nvited public comment; no comments were offered. - CPA 15-07 Parcel 45223.9210 at 12912 E 12'1` Avenue; change froin PubliclQuasi-Public to I-1igh Density Residential. Vlayor WilhitE invited public comment; no cpmments were offerecl. Council Regular bieetino: 12-11-07 Paae 4 of9 Approved by Council: DRAFT CPA 16-07 Parcel 55182.0103 at 1409 N Long Road; change from PublicJQuasi-Public to Low Densily Residential. Ma}ror Wilhite inviled public cornment; no comments were offered. CPA 17-07 Parcel 45214.2531 at 924 S I'ines Road; change from low Density Resideniial to Corridor Mixed Use. Niayror Wilhite invitcd pLiblic comment; no comments were offei-ed. Caneerning CPA 1.0-07, ivlr. Basinger stated that stafF assumed this nroperty located off the interchangc -vvould be for regional type uses; t:hat obviously Barker and 1-90 are not completely commercial uses now; but these changes are pau-t of a vision to see if we can eonvert this to a regional designation, noting that some uses are not conducive to that area. Councilmember Munson stated that if an area goes through a zone change, that doesn't mean the residents must move; ald that concerning how the properiy is taxed, that method of taxation appears to remain a mystery, aiid thal there. is no guarantee people will see a change in prAperty taxes if the zoning gets changec3, tind that no one is "throwing people nff their properCy or making people move." Mr. Basingcr noted that the property is currently zoned commercial. Council then discussed the individual recommendations: CFA 01-07: Council concuned to leave this as recommended, noting that based on size and location it wauld not be a goad location for a home or for ehilciren playing in the vard, and the better use would be to change to small coinmercial. CL'A 03-07 throogh CPA 09-07, and 11-07 tlirough 17-07: Council concurred with staff recornrnendations. CPA 10-07: Council cansensus (cxcept from Councilmember IaeVleming) to change as recommended; there was mention that people generally have commercial activity near interstate on and aff ramps; and ~ lhat staff is correct to call this regional commercial; that no one will have Co move and stafF and the Planning Commission did a good job of designating Chat residential port:ion. Yote Gy acclamation on the motion to advarzce the ordinunce to a second r eading.• In 1%u>>ar: Unaninrous. Opposed: Noiie. Abst.entions: NvMe. Alotron curried. Deputy Mayor Taylor reminded members of the public that next waek's seconci reading of the ordinajice will also allow f'or public commerit, Mayor Wilhite called for a recess at 7:30 p.m. and reconvened the meeting at 7:40 p.m. 5. Proposecl Resolution 07-021 Landworl:s Apneal Findinas of Fact, Conclusions of law and Decision - Mike Connellv lt was moved by Coimcilmember Munson und seconded to aclopt Resolution 07-021, uffiYlI1D1$ I{J2 {12U7'ln$ exarrriner decision. Deputy Mayor Taylor recused himself and left the rooiii. City Attorney Connelly explained that this k'Zesolution is the culmination of the heariiig helcl \'ovember 27, and thesc findings are those of the Hearing Cxaminer decision. Vote by Acclamation.• In 1 avor: Muyor NYilhite, and Co:cncilmembers Sc6timnrels, Deftenny, Gotlrmmair, curd itlunson. Opposed• Coaencibnenzber Dei'lemirrg. Motion earried and Deputy May4r Taylor was im+ited to return to the dais. 6. 'N'(otion Consideration: Tourism Proatotion Arex Fundinf! Modcl - A7ilce Jackson If ivns moved by Mayar YYilhite and seconded to authorize the Crty M. unager or designee tp execule ai1 I►zterlocal Agreement foj• the Torrrism Area Funding Motlel, nrrd to clelete the sunset Imtguage. Deputy . City Manager Jackson explained that this matter was discussed at the December 4 Cou►acil meeting, where Dan Zimmerer, Jody Sander and I4arry Sladich spoke to Couuicil concerning the Tourism Promotion Area runding Model and of their requese and rationale to have the "sunseY' clause remqved from the interlocal, to which council concurred. Mayor Wilhite invited public cornment. , Couneil R-cgular Ivfeecing: 12-11-07 Page 5 of 9 Apprnved by Couneil: nRArT Dan zimmerer, 16609 N Fairview Road. Culvert: he thanked Council for their time and consideration on this matter and added that the 1-Iotel/Motel Association gave lheir unanimous support to this. Jeanna Hofineister, on behaIF of Convention & Visitor's Bureaa, PO Box 445 Bayview Idaho: said she appreciatcs that this is a visionary government «<ho would tt7ke the time to exarninc a model to give it a specified time to prove iCself; and said that this is a great opportunity to take away the "sunset" clause on something w}iich has increased jobs Deputy Nlayor Taylor added that he was infoi-ined that lvTr. Sladich eould not attend tonight's meeting, but diat he wanted to express his appreciation to council. Vote by Acclamation.• !n hcrvor: Urtm:imous. Opposed: iNTone. t[bstentions: None. Motion carried. 7. i1'Iotion Consideration: Site SelectorAtreement-Morgan.Koucielka It ivus maved by CouncilmenrGer eYlun.son arrd seconded to cruthorize the City 1Llanager lo execute Anietzdnrent No. 1 to the Agreerrrenl far the Spokune Regioncrl Site Selector. Me. Koudelka stated that in response to Council request for a Site Selector update, z progress report was presented to Council 17ecember 4, 2007; at which time sta.(•Y' was authorizccl io schedule this as a motion consideration for tonight's meetina; and that this would also commit approximately $21,000 for 2008, which has already been placed in that 2008 budget. Councilmember Munson eYpressed his desire that Council obtain feedback to see how many pcople movecl here as a result of visiting tlle site. Rather than add that suggestion lo the agrccment, Council deterinined that Mayor Wilhite would write a letter to ask for those statistics. Councilmember Golhmann suggesfed further erpansion oP the request to include other affects of the Site Selector on Spokane Valley; that moving to the area is one bul he would be interested to sec what businesses migt►t be affected and if furthcr research could be perforined to deterniine and analyze such affects. Mr. Koudelka also mentioned that a member of Council might consider joining the Site . , Selector Com.mittee. Couneilmcmber laenenny sugoested the possibility of acquiring additional data from realtors to identify where the new people and businesses are coming from; and thcn to have further progress reporls on this issue. Mayor Wilhite invited public comment; no comments were offered. Yote by Acclumation: In Fuvor.• Unarri»tozr.s. Oppo.red.- 1Vone. Absterztions: Nane. Alolion ccrrried. 8. Motion Consideration: Referral of Emei-f!e.ncv Ordinance to Planninp- Commission - Mike Connel v It lvas nioved by Deptity Nlayor• Taylor antl secantled to upprove referral of t3ze Ernergency Interim Orclinunce No. 07-025 to the Planning Conmzission. City Attorney Connelly explained thaL this is the next step in proce.ssing Chis emergency ordinflnce, and that any public conunents will be sent to the Planning Commission as part of their discussion. Ivlayor Wilhite invited public comment; no comments were offered. Vote by Acclanzation: bi Favor: Uncnrimor.ts. Opposed: 1Vone. Absleirtion.r.• None. ?tqotiorr currietl. 9. iMotion Consicleration: Approval of Arts Council Proiect Placement - IVlike Jackscyn It was moved by Courrcilnzen:ber Denenny mzd secvritlecllo approve the future placement of the "jYalking the Line" sculpture at Mirabeau Poin1 Pcirk, upon donation hy the Spokane Valley Arts Coaincil, rn:d to provide nrniratenmzce and operulion. Councilmembcr Deiienny explained diat he added the maintenance and operation since to the motion as we will be providing power and electricity. After a brief re- explanation of the project by Mr. Jack..~on, there was discussion about assisting with electricity rather than the broad "maintenance and opcration" part of the motion. vlr. cvlercier reminded everyane that any piece of art donatecl Co the City on City Property, becomes the property of the Citiy, ancl as such would fall uncier the normal care of the facility. Councilmember Denenny, with.approval of the seconder, agreed to extract the last portian of his motion. Maynr Wilhite invited public comment; no comments were offered. Mr. Jackson estimated that if would cost $2,000 in electricity annually; and that rather than have Council involved in the precise location of the sculpture, that v1r. Jackson and the Arts CoLmcil would address that Council Regular vleeting: 12-11-07 Page 6 of 9 Approved by CounciL• DRAFT issue. Councilmember Denenny also thanked Dr. I•Iarken for his involvement and enhancement of ~ CenterPlace with the arts. Yote by Acclamatio►r to crpprove the fatture placeinent of the "Walking the Line" scttlpture at Mirabeau Point .Park: Lz Favor: Clnaninrous. Upposed: None. Absterztioris: None. iVfotion carried. . 10. MoNon Consideration: Fun(ling Cleft 1'alqte- Councilrnembers Denennv aod Gotlimann It was moved by Caarncilmember Gothmanrr arTd seconded to alJocute a tottrl concribution of $6,848 to Ge made in trvo equal payments of $3,424 tivith the firsl paymen1 to be made by Jrnr2iary 1, 2008, und the secotzd payn:ent to be di.sbzased dependent upon progrmi: fiinding by the -Sla1e Deparhnent of Healtlr. Councilmember Gothmaim explained that rather than have the February 1 date as notccl in the backup documentation, that he was in.formed that the Mealth Department would neecl t:hose funds by January 1. Mayor Wilhite expressed her unhappiness Nvith the County not providing funding as is eheir obligation to do so; and Mr. Nlercier said that the Board of County Commissioners contributed approximately ttivo million dollars annually for the healtll program, and that there are no funcJs in our budget allocated for publie health purposes. Councilmember Schimmels mentioned that other agencies and entities come to Council in hopes of obtaining Fnancial assistmice, and stated t.hat perhaps we could have "outside agencies" request to council at additiAnal times other than what are normally aitnually scheduled. Mayor Wilhite invited public comment; na comments were offered. Vote by Acclanratiori: In Fuvor: Deputy iVfayor Taylor ancl Cvuncilmenzbers Sc{airnmels, Denenrry, Gotlnnann, M:mson antlDeVleming. Opposed: Mayor Wilhite. Abstentions: IVatzE. Motion carried 11. lbYavornl Appqintments: Plxnning Commission Members - Nlavor Wilhite Mayor Wilhite eYplriined that she received several applications for the hvo Planning Commission openings, and that sMe intentls lo appoint Craig! ragleston and Art S6arpe. It was movecl by Councilrneniber DeVleming and seconded to crpProve t6te ivuyor's c'rpporntmerrts to the Plonnirrg O Commission. Mayor WilhiCe invited public comment; no eamments were offered. Depury lvlayor Taylor stated the importance in eapanding eommumiry involvement, and said this is n good transition point now that the Coinprehcnsive Plan and Uniforrn DevelopmenC Cade have been cornpleted. Maydr Wilhite aclcled that she will be sending letters lo Mr. Crosby and Blurn stating the Council's appreciation for their work on tllc Comp Plan wld UDC, and the countless hours they dedicated to the City. Yote by Acclanialion: Ira Favpr: Ununimous. Opposed.• tVone. Abstentions: None. Motion carried. 12. vlayoral Appoinlments: Lodging Tax Advisurv Committee - AZsvor Wilhite Mayor Wilhite rinnnunced she intends to appoint as representing someone authoriLecl to be fimded by the tax: Peaev DoerinQ for a one-year tenn, and Doup K.ellev for a two-year terni; and Cal Claussen for a one-year term as representing a business required to collect die tax. It ►vus iraoved hy Councilmember M:nrson, seconded and unar7i»rously ugreed !o apprave the sFated uppaintments. F'ublic comments were solicited prior to the vrote, and no comments were offered. Mayor Wilhite stated she intends to appnint Deputy Mavor Taylor for a one-year term ss council liaison. It was moved Gy CoarncilmErrrber Munsoyr, secondetl and unanimausly agreed to upprove uppainting Mr. Tuylor as CUzmcil liaison to the Lodging Ta.r Advisory Committee. Public comments were solicited prior to the vote and no comments Were ofFered. Deputy Mayor Taylor menlioned that at the meeting of the Advisory Tax Advisory Cammittee several weeks aDo, the Chamber's outstanding request for fimding was discussed, and it was decided to have a place holder of approx.imately $50,000, Uut that the program necds further development; and the Commitlee will address tlie issue again the beginning of A_pril to see if the Chamber can acquirc the needed sponsors. PUBLIC CQ119Ni.ENTS Mayor Wilhite invited public comment; no comments wEre offerecl. Council Regular Mceting: 12-11-07 Page 7 of 9 Approved by Council: i)RAi+ I' ADNMISTRATNE REYO:k2TS: . 13. Admin lteport: AssumpCion of Private Road Policy I7iscussion-Neil KErsten/laave Mercier FubliC Works Director Kersten explained that we received a request from a homeowners association thal the City take over ownership and maintenance of an existing privaie road devclopmelit. Mr. Kersten mentioned thaC althougM this is the first request from a homeowner's association, staff receives numerous inquiries from individual homeowncrs regardirig their concern for maintaining private stree#s; and asked if Council is interested in pursuing this as there is eurrently no process in our Code for aceepting private streets; and said that those priv'aCe streets curreritly don't meet our standards so thcy would have to be brought up tn eocie. Discussion ensued regarding whether these private roads are on tax rolls, or how oe if they are assessetf. NIr. Kersten mentioned that rigilts-of-way are generally more nai-i•ow and are of lesser quality; and if Council were to maintain private streets, dle City would incur the liability to bring the streets up to stanclards, or Council could recommend accepting those streets in a sub-standard state, but lie also mentioned we wrould bc under no obligation to bring many of khose streets up to standards; the difFicull' part would Ue at what point cio we accept private streets, and by what criteria or standards. Councilmember Munson mentioned public safety, narrow roads, and dead-end roads, and saitl 1:hat he would assume we %+rould want input from the Fire District and Police. Councilmember Gothmann asked what other cities are doing in similar situations and vlr. Kersten said he does not havc that experience, but that usually privaCe 'streets are not allowed at this magniCude. Mr. Mercier mentioned that in his • expericnce as City R9anger in another Washinglon community, he could not recall any privaCe strcct acccpted by the City as a public way, and he recommended we approach this cautiously, and if we c1o convert the streets to public strcets, we would assume all liability for all maintenance, including if there . w•ere any clcfect in the property that would rise to safely problcros fAr bikes; pedestrians, and others. Deputy Ma}ror Taylor stated that he agrees with Nir. Mercier concerning the importance tn mainCain and plan for property. City Attorney Connelly said that if the ro3ds are public we are responsible, and if private, we likely are not responsible; that if a homeowrler association doesn't do their job, I.hcy might want us to slep in because of safety, but Iiability goes wiCh control and owiiership. Councilmember Schimmcls asked about any surcharge, and Mr. Connelly said he would have to research t:hat, but assumes we could impose cnnditions, and nerform testing prior to taking over any private road; that he is not sure it would be a surcharge, but more of a condition of assumpcion of responsibility. `I`he question came up iF the area is sewered, and Mr. Kersten said he was not sure. vlr. Mercier mentioncd that we may want to consider the broader policy rathcr Chan this individull request; that clearly some private rosds 1re in egregious conciition, and cnost of the tiine the reason a changc to public road is sought, is to be relieved of , the financial burdEn, and he added ttiat we 1lready h3ve an un-mel fnancial burden in terms of our transportation system. Couocilmember DeVleming mentioned that as we move t'onvard on our street masterplan, it would be good to have a maP showing where all the private roads are locatecl. Mr. Mercier said this issue is bmught forward tonight for information, and can be discussed in more detail again later. 14. Admin Repqrt: L.eQislative Matters - Mavor WilhitclDave Mercier . Mayor Wilhitc brought Council attenlion to pagc 6 and 7 of the Agreement for Profcssional Services with Gordon Thomas Honeywell, showing what we asked the consultant to monitor and give Council feedback about; and Mr. Mercier added that the intent is to communicate our legislative desires for our consultant to track, and that we are not aski.ng Council tv voice support of any .one activity of this point. lleputy Mayor 7'aylor added that the issue of l2EET and Real Estate T'xcise tax and using that to replace development impact fees, are large issues of contention within the development community; partieularly with re.altors and builders, and that there is a lack of eonsensus from private industry as wcll. Mayor Wilhite stated that item "1" is to maniror legislation that would require our city to cbange to a ward system, and said discussions should be held widi NIr. Qrnisby about that, and if such were re-introduced, it would be helpful if it Nvere done to all cities and not just Spokanc Valley. laeputy Mayor']'aylor said he ' would lilce to amend iCem "d" to exclude Spokane Valley, and havc it state to "monitor and support or Council Regulir Meeting: 12-11-07 . Page 8 of 9 ' Approvcd by CounciL• DRAFT oppose ainendments to legislation on climate chan?e affeccing municipal comprehensive planning and perhaps exclude Spokane Valley." There was Couneil consensus to make this change. ~ Councilmember Munson menlioned Mr. Young's e-mail concernino priorities chosen by the Gnvironmental Cominunity for the 2008 session, and that one is entitled "Evergreen Cities." Mr. Munson said that his committee concluded that this matter is not properly vetted and is /oo confusing and that it should be opposed at this point, and added that there is nothing in the legislation that would ictentify funding sources to pay for these activities; and said that he woulcl wa.nt to put climate control issues on the watch list. Nir. Taylor also proposecl that as soon as ca+e see bills being droppecf or leeislation gaining oii this, to come back aricl get resolution from Council to take a position, possibly in early January. Vlr. Mercier asked if Council would like Co considcr that for the duration of the legislative session, that we insert "legislativc macters" as an agenda item in order to kcep Council apprised of the legislative events as they arise. Council concurred. Vlr. Mercier also mentioned that he receives e-iliails concerning various legislative issues, and if those issues warrant full eouncil consideration they will be brought Co the council as a whole; and if not, Mr. Mercier said he will inforrn Council of die happening; to which Council concurred. Mr. Mercier aclded that we were successfiil last session in the award for the Universal Park, ancf stated that that sucaess was largely clue to interactioii wit:h legislators; and he therefore suggesteci Council rnay want tn attend the IcgislatiWe conferencc a cfay early so as to give xmple oppprtunity to meet with the lobbyist as well as attend the legislative sessions. Councilmembers agreed to arrive in Olympia a . day early; and that they will check with Sue Passmore if Councilmembers oeed any assistance with making travel arratigemenCS. Mayor Wilhite also noted that duc to schedulina restraints, there will be no Council ineetinb January 29, 2005. It was moved by Deputy Aluyor 7°aylof-, secarded and arriurrimously agreed to extend the meetifig to 9: I S ~ - p. nx. TNFOftMAT'ION ONLY: The Department of Trsiisportalion Turn-back Praperty was an informaCion only item and was not discussed. EYECUTIVF SFSSTON: Land A.cquisition; Pending Litigation. It ►vus moved hy Deputy Mayor 7ayloi•, secorided arr.d :mtrninrausly agreed to exfet:d tlre nreetitrg'to 9: 30 p.rri. City Manager Mercier brought Council attcntion to die memorancfum distributed to them concernino creaCing a new Human ~'Zesource v'Ianager classification, and that staff consulted with the Finance Cominittee eoncerning this position, and that due to the sudden opening, we have advertised at this new level pending this Cransaction, which will come before couneil as wl action i[em at dheir next meeting. It tinou thert moved Gy Deputy Mayor Tcrylor arrd seconded tn udjvurn 1o exectrtive session to discuss land acqttisition attdperrclrng litigation for upproxin:ately 30 mitiutes; arid that no decisioi7 is anticipalecl at the close of that exectiiive session. Council adjourncd into executive session at 9:04 p.m. 1vlayor Wilhite declarecl Council out qf creeutive session at 9:30 p.m. It tivtis maved by Co:uicilmember Denenn}!, seconded and amanimauslyagreed to tujaurn. 'fhe meeting adjourned at 9:31 p.m. ATTEST: Uiana Wilhite, Mayor Christine Bainbridge, City Clerk Councit Regular Meeting: 12-11-07 Page 9 of 9 Approved by Council: DRAFT • MINUTES f---,, CTTY OF SI'OKAiNE Vr1LLEY CITY COUNCTI.. STUDY SESSION Tuesday, Uecember 18, 2007 Ivlayor Wilhite callcd the meet:ing to order at 6:00 p.m., and welcomed everyone to the mceting. Present: Councilmembers: Staff• Diana Wi.IhiCe, Mayor Dave Mercier, City i1~Ianager Steve Taylor, Deputy Mayor Mike Jackson, Deputy City Manager Dick Denenny, Councilmember Cary Driskell, Taeputy City Attorney Niike DeVleming, Councilmember Kathy McClung, Community Development Dir. Bil) Gothmann, Councilmember Ken Thompson, rinwice Director IZich Munson, Councilmember Rick VanI.euven, Police Chief Gary Schimmels, Councilmember Greg A![cCormiek, Phuning Manager - Mike Basinger, Associate Planner ' Morgan Koudelka, Senior Adrninistrative Analyst Greg Bingaman, IT Specialist Carolbelle Branch, Yublic Information Officer . Chris Bainbridgc, City Clerk Snecial Emnloyce lntroduction: Mayor Wilhite stated that tMis is not really an opportuniCy for• specia) employee iiitroductions, but is an opportunity Co say nur fond farevvells to outgoing Councilmember DeVleming, arad she then tha.nked Mr. .DcVleming for his dedication antl work and for all he accamplished and woi•ked toward, and in helping for this new City to gain recogiiition; anci she presented Councilrnember 17eVleming a nlaque commemorating his service from 2002 through 2007. Mayor Wilhite also presented CounciLmeniber peVleming with a caricaturc oF all the Councilmembers. Members of the public, staff and council then rose to give Councilmember DeVleming a standing applause for all his conl.ributions. Councilmember DeVleming, in his oulgoing remarks, statecl his appreciation to his family, to fellow Councilmembers, and to stafF, and (auded staff for the outstanding work accomplished with so little resources, ancl lie thanked Council aoain for the honor and respecl• they hsve all shown to him and each other, and said he will rernember this group forever. Roll Cnll: At the requesl of Vfayor Wilhite, CiCy Clerk Bainbridge called roll; all Councilmembers were present ACTION I'IT,MS: 1. Second Reading Urdinsncc 07-026 Comprehensivc Flan Amendments- Gree McCormick and Mike Bvsinger " A.fter City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gotlinrann und secorrdecl, to upprave ordinance 07-026 Planning Manaaer McCormick brief.ly re-explained the process for this ordinance. Ylayor Wilhice invited public comment; no coinments were offered. There was no Council discussion and councilmembers voted hy aeclamutiorr lo aplirove the ordirirnrce: In Pcrvor: Unapiimous. Opposed.• None. Abstentions: None. Afotiayr carried. 2. Second Reading Ordinance 07-027 Official 7oning Msip Amendments - Grep lY,lcCormick 3nd n'Iikc l'3asinger After City Clerk Bainbridge, read the orciinance title, it was moved by Ueputy Muyor Ca}:Ior uncl secor2ded to upprave ordinance 07-027. Planning iblanager VlcCormick explained that these changes woultl amend ~ j the official zoning map which implements the changes to the comp plan text; and he brought up CPA 10- -07 on the overhead screen for further discussion. Mr. McConnick said that the "blue box" area was exeluded from the regional commcrcial designation and redesign Ted to low density residential. Aftcr Study Scssion D4eeting Minutcs: 12-04-07 Page 1 of 5 ' Approvcd hy ComtciL' DRAfiT brief Couneil questions and comments concerning tlie County's original designation as U2, and of the County's designation at the time Spokane Valley incorporated, i.e., much was regional commercial and . not rezoned as mixeci use, N!Iayor Wilhite invited public comment. ~ Diane Stavish. N 511 GrECnacres: mentioned that she thought her area was totally re,sidenCial all along; and that she was never notified oFany change to mixed use. Councilmernber Munson mentioned that the meetinss were all listed in the Valley Ne«s 1ierald, on the City's w•ebsite, and that the Planning Commission met for quite some time on these issues, tn which Ms. Stavish respondecl that her area has no sidewalks or sewers, and while she understands that change and progress occurs, al1 dhat means to her and her little neighborhood is higher property taYes and that people in the neighborhood won't be able to sell unless they are right on the edge of Rarker Road or the freeway. - Taan I.Yebert. 18310 E Brnadway: voicecl his opposition to this proposed change. H.uge Dyche. 313 N Bums f2oad: said he owns 707 N Greenacres and his complaint is similar to the previous woman's complaint; that there is no e?tcuse for them not knowing about this, and that regarding posting this is the Valley News Herald, that na one reads newspapers anyrnore. I-Ie stated that the City has access and the ability to know who the landowners are and have methods and ways to send tthat information out so people can be informed; and that he is going to propose that they might want to go back to Greenacres; that they want their Ianc3 back and don't want commercial surrounding; that he wants to live in a residential area and he wants to retire dhere without conimercial property around him. T'urther Council discussion ensued regarding the area in question, and Mayor Wiltiite proposed moving the area (the arc area arourld the blue arrow) back to residential; she said that there nre some never houses in that area which should remain residential, but that any new clevelopment will have the new desionation. It ti+-as maved by Aluyor Wilhite and seconded to dmend the naotiorr to approve the ordinance wilh the - areu ubove the Glue hox to reyert tn low derisity residential. C7iscussion ensued reCarcling whethcr Council ; has aurthority to change or cieny Planning Commissiori recanmeiidations, if the matter should be " remanded back to the Planning Commission, what is the highest and best use of the area; and whethcr to have the area remain as originally designated and include this proposed change with the following year's recommended changes. vote by acclamation to arnend the nrotion: bi Fcrvor: Afayor T3'ilhile; Opposed: Deputy 11layor Taylor, und Courlcibnembers Scltrmmels, Dener2rry, Gotlrmamt, Murzson and DeVleming. Ahstentions: tVone. 11~fadzon failed. It was lhen niovecl by Councilmember DeVlerning rnad seconded, to arnerrd the orclinnnce to leave the northern section desigrratetl us is uncl only upprove the reeommendation within the box. °1'o clarify the amcnded motion, this means have the area designated north oF Broadway remain as mi.ced corricfor use. Further Council discussion included whether this would still be amending the Planning Commission recommendation without any findings; khat staff informed Council that stand alone housing is not allo«<ed in regional carnmercial but would be allowed in corridor mixed use, and the major differences benveen the Cwo would be removing apartment complexes which won't be put tliere; and whether the Planning Commission should examine this piece in more depth and hear more property owner input. Dcputy Ma}ror "Caylor mentioned that this is nol a rezone but is a eornp plan amendment which can only be done once a year. Yote to amend the motion: In Fcrvor: lYlayor Wilhile, and Coaaicilmembers Schinzntels, Munsolr, untl Gothrnann. Opposed.• Depatty Mayor Taylar atuf Councilnrenzbers Denentty and Schintntels. Abstentions: . Norte. Motion carrietl. Yate an the motion to upprove the ordinance us amerzded.• In Favor: Uriunimous. Opposed: None. Abstentions: None. Motion carried. City Manaoer Mercier stated that staff will be bringing Council quartErly updates on the comp plan. 3. Proposed Resolution 07-022 Creating Human Resources manazer Position -Atike Jaclcson It was ntoved by Courzcilniember Mamson arrd secorided to approve resolution 07-022 creating a jntmrnr resources manager classrfication attd position description. Deputy City 1Vlanager Jackson e?:plained that «<ith oWer 95 rebular full and part-time employees, a full-time dedicated Human Resnurces Manager is Study Session A4eeting Minutes: 12-04-07 Poge 2 of 5 Approvcct by Council: nRAFr needed. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclcrmntion: In ~ Favor: Uirarrimoiis. Oppo.sed.' None. Abstentions.' 1Vone. rYfotion carried 4. Acceptance of Real Pronerty Acquisition - CarY T)riskell It wa,s moved by Depury Mayor Tcrylor and seconded to accep[ the new yuitcluin: deed fram Spakane County ►vith tlre corrected legal descriptiof2 of the Depcrrtnretrt of Transportatioir turtrhack property. Deputy City Attoeney Driskell explained that this "sliver" of property runs along property Spokane CounCy alre<tdy owns, and that the Cotmty has a prospective purchaser for the eiitire property. titayor VUilhite invitett public comrnerit; no cornments were offcred. Vote byAcclanru[ion: In Fuvor: Utianinrous. Qpposed, 1Voj?e. Abstentions: A'one. Motion carried. - 5. CunCrmation of iV1yYoral Committce Appointments - Vlayror Wilhite It wus nroved by Couricilinember 11licrzson, secvrided and unar2imausly agreed to approve the following iVfayoral nomination s' Chamber of Commerce Board: Steve '1"aylor Convention Center & Visitor's Bureau: R.ose Taempsey Greater Spokane, Ine. (formerly EllC): lVlayor [it was mentioned that the new format calls for the Mayor as delegate) Emergcney Communicalion Board 911: Rich Munson Finance Cammittcc, Spokane Valley: Rich Munson, Steve Taylor, and lliana 1Wilhite Governanee Vlanual: L7ick Denenny, Bill Gothmann, aiid Rose Dempsey Growth Mauagement Steering Committee af Elected Officials: f'tich Vlunson and Diana Wilhitc Health 17istrict Board (Spokaiie Re'ional Health District Board): Dick Denenny and Bill Gothmann InternaCional Tracle Alliance: Rose llempsey SCRAPS: Gary Sehimmels [it was mentioned that this committee has not met for appro.cimately three years and perhaps staff could researcli that issue.] ~ Solid Waste Aclvisory 13oard: Gary Scliimmels delegate, Rose Dempsey alternate Spokane Regioiial Transportation Council (SRTC): Diana Wilhite delegate, Gary Schimmels alternate Spokane Transit Authority (S"I'A): 17ick Denenny and Rich Munson TPA (FT.otel Actvisory CammiCtee) lottrism I'romotion Area: $ill Gothmann (re-appoint Jody Sander and Liz Beek) It was also noted that any Councilrnember could act as an aIternate delegate to attend a ineetirig for any primary appointee when net;essary. - Mayor Wilhite called for a recess at 7:13 p.m. and reconvened the meeting at 7:20 p.m. F2EGU.LAR STUI)Y SESSION ITEViS ' 6. Comcast Cable Franchise 1Jndate - Morgan Koudelka and Carv Drislcell Administrative Analyst Koudelka gave Council an update on the Cable Franchise issue pee his PowerPpint, noting the renewal information, and that Comcast has invoked the fornial prpcess while concurrently negotiating via the informal process, and added that the negotiation process stalled but he and Comcast representatives are set to meet again mid January to work through outstanding concerns, noting that for the 1'EG Capital Funding Comcast proposal is only 20¢ lower than the City's neeel,.and [hat it also requires an operati.ng match from the City. Mr. K.oudelka said that while 20¢ appears small, it represents a significant differencc overall, and said that Spokane passed along 50¢ per customer per month; that we arc asking for 50¢, Comcast offered 30¢, and wro are negoCiatinj for a plACe holder language. Mr. Mercier adclecf that tnnight we are bringing Couneil up to daTe on the negotiations, and that staff wil) try to continue negotiations and render a franchise ag-eement that makes sensc. It was noted that ideally tlhis is a three-year process according to Cable, but that Comcast's latest proposal is a four- year term with four-yet3r renewals; and prior to that if was a flat five years. Mayor Wilhitc mentioned she ' would like Spokane Valley to be treated the same as other cities; and in response to Councilmember Stucty Session Mscting h-tiisutes: 12-04-07 1'age 3 of 5 Approved by Council: DRAFT Denenny's question of number of subscriUers, Mr. Koudelkn said there are approximately 23,000, which amounts to an estimated $100,000 annual contribution. - • ; ' 7. PaperleKe. ARendas - Chris $ainbridge and Greg Biugamsn _ City Clerk Bainbriclge erplained that the estimated cost to purchase computer tablets would be $1,700 each, that the computers have a three to four-year life expectancy, and that the current laptops are past prime. There was Council consensus to place this matter on the next Council consent agenda for approval f'or staff to purchase a minimum of twelve computer tablets, along v►=ith necessary cables, accessories, and maintenance. 8. Advance Agenda Adclitions - Mavor Wilhite Deputy Mayor Taylor mentioned that he attended a Spokane AfForclable Homeowners Task Force meeting at the Convention Center last week, and lhat he would likc to schedule a future presentation on that Task' Force's findings and work. There was council consensus to place that item on the advance agenda. Councilmember Munson menlionetl he would like lo gel a briefing from staff on what is needcd to get joint planning approved; and said dhat the goal is to get the UGA's updated by the end of Nlarch, and then address the overall discussion on how to update the joint plannino area, adding that it is hopcful - Turtle Creek will be complete by then asi we1L Councilmember Denenny mentioned he anticipates another report will be ready on the wastewater issue by rnid March, and that the committee is working to set up a mcetin; with the Governor for some time in January when Couiicil is in Olympia. 9. Infcrrmation Onlv Ilems (not divcussed 'cir reporle(l) It was rnoved by Cntaicilrnember Denenriy, ~ secontled and u3tar:imously agreed to anieyid the agenda to remove iJent 9b, "Homelessness Iloz4s•ing aittl Assisturice Ac!" off the "injormutioit only" items to allow tliscussron.. Mayor Wilhite explained that the F3oard of County Commissioners needs consensus from this Couneil on support of the Homelessness Housing anci Assistance recom.mendations concerning suppor[ing the Task Force recomnendations as explained in the "briefing paper." After mention of ' Councilmember Gothman.n's an,d Planning Commissioner KoSel's participation in this process, there was Council consensus to move this fonvv-d to the Bosrd of County Commissioners. Ms. Kogle thanked Council for their support in endorsing their recommendation to continue this great work. Information only items 9a and c, Pincs Mansfield Project Status and Departmerlt Reports, werc not discussed or rcported. I 10. Council Check-in - rviavor Wilhitc ' Councilmember Munson mentioned that theJAssociation of Washington Cities (AWC) is moving forward . with some proposed legislation on climate conh-ol, and that he responded there is no mechaoism to implement this; and dhat w•e wants to mFilce sure that the legislature is not mandating things that Cities eannot afford; and that there will likely be furkhcr inforrnation on dhis issue after the first of the year. Mayor Wilhite said that she is aware of the eoncern with this issue on the part oFseveral utility companies and she will try to get Council additional infonnation in that regard. Councilmembers again each expresseti thanks ancl farewell to Councilmember DeVleming. 11. Cio, 1'Ianaeer Comments: T'here were no additional comments. 12. Sweitrinp, in of Councilmembers Demysev, Gothmann, ancl Tavlor- Chris Bainbridte City Clerk Bainbridge administered the oath of office to Councilmembers Uempsey, Gothmann and Taylor. , - Study Scssion Mccting Minutcs: 12-04-07 Page 4 of 5 Approved byCouncil: DRAFT There being no further business, the meeting adjourned at approximately 8:20 p.m. ` ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Study Session Meeting Minutcs: 12-04-07 Paoe S of 5 Approvcd by Council: • CtTY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 8, 2a08 City Managef Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public heafing ❑ information ❑ admin, report ❑ pending legislation AGENDA ITEM TiTLE : City's 5u' Year Anniversary GOVERNING LEGISLAT{ON: nla PREViOUS COUNCIL ACTION TAKEN: n/a BACKGROUNO: On March 31, 2008, the city of Spokane Valley will mark the five year anniversary of its incorparation. It is a significant event, not only as an organization but for the Spokane Valley community The anniversary offers an opportunfty to expand awareness of the new city throughout the region, strengthen community identity and pride, and forge stranger links hetween the City organization and its constituents. There are many options for marlcing the event. Those are outlined in the presentalion attached. OPTIONS: See attached RECOMMENDED ACTION OR MOTION: Provide direction to staff. BUDGETIFINANCIAL IMPACT& $2,000 budgeted in 2008 budget STAFF CONTACT Carolbelle Branch, Public Information Officer ATTACHMENTS Five Year Anniversary PowerPoint Presentation Five-Yesr Anniversarv ` - Incorporatian ,fumh s,. x_f, ro March 31. 20o8 - j~fillry More than a celebratioti, it's an opportunity to: • Gan ttr_ mtsast dev xhdwe a brneder sepmwt d the cormwurty • Currrxr►icaA* n m 6dfevsnt nst • Revilatc.r idwiSffy ' Btfd oorfxrMiN/ PV! • 9uM1d nww Dir1.'wsieCa • Sharw eowrpkwlr~ f : - - - r Budget s2aDo 1 Options • sny~ie aale ac,s ~ ~1 -111~ordh lonp t~aa • Ym ionp 1CCUs Single Date Focus • M.aw feem abou • Rpuest VNH a SR VaUey Vc*:: j • 30 rnnMersw-r as:A : ov«+ rwLa. wen ake cMever,p„ Requ*s2 Yw mOraodcsst • Muvanai oml rtstimad m"a , ~Pokna, fimMed oommurotY ~ invdvetrWtl - ' Month-Long Focus • sa,qi. a.u aous Rer.-s. p~us l • ~r~ mefie +al.ex &on w»+~ t'x aTrvwsary ! - ~~IR 6 De+ooQ+rrt ~ C~\ ra !M ttrf -^.sun n Oow 4ouN 4 CouL Oeaw flMdLi - •.xzostum imdiC arrunauufy ~~~~C/vrrrf~nt ~ 2 . ~ b Year-I.ong Focus • Snye Oxtc ard monM-Innp tocus rlsrrst. plus • MontfJy - ~at~^i xan Sic►i+f Y~I1~/ ~orrx7 - - U+w~ c~rtmurM;Y ayR7~an baO= twAsIrunk ~r.r. %i+'rm0 -(i%ar,aae Nbaul 100 MC+ fo Imrry mmrt►r.b nwl- CrearPtww Gny wu pwn+e orr - i-wmr b nnI U psw dWraP rr+r0r - P:r nn webtt ' wmvsil GSi: maafrtrum GApoDUn. preat Co~-m~n~!~ invnlvemer~t Questions? - - R a :3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: ' 1-08-08 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed lease to Lamar Outdoor GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Last touch was in August; 2003, at which time the Council took it off of the agenda. BACKGROUND; Spokane County constructed Appleway Boulevard around 1999-2000. As part of that project, Spokane County redesigned the intersection at Dishman-Mica and Sprague, adding in Appleway. Part of that reconfiguration included widening Mullan Road at its point of beginning at what is now Appleway Boulevard. In the process of widening Mullan Road, the County acquired land upon which a billboard was sited, owned by Lamar Outdoor. From what staff can gather, the County agreed to allow Lamar to maintain its billboard on what was then County property. Attached is a map showing the location of the sign, along with several photos of the sign, both from the north approach and south approach. . At the time the City incorporated, we became the owner of the property. We were in contact with'Lamar right after incorporation to discuss the terms of a potential lease, and a draft was circulated. When it came before the Council at a study session in August, 2003, the minutes indicated it was removed from the Agenda. It has not come back up since that time. Staff re-initiated discussions last year with Lamar to determine an appropriate course of action. Staff then tabled the discussions again because the City was beginning serious discussions on the Uniform Development Code, which includes billboard regulations. Staff wanted to let Council arrive at its collective policy determination with regard to how billboards would be treated generally in the context of the UDC, rather than the policy discussion being driven by the fact the City owns property upon which a billboard sits and from which the City would denve some income. Staff understands that the granting of a lease may not be the only option the Council wants to consider_ As such, this RCA will outline various options for your consideration. 1. The Council could qrant a lease. Staff recently sent a proposed lease agreement to Lamar. Lamar responded with several requested changes. If •the Council wants to enter a lease agreement, there are several issues for you to consider. The first issue relates to the length of time for the lease. Staff proposed a ten year lease, with termination by either party on 180 days notice, with the ability to extend the lease for one additional ten year period. The termination on 180 days notice is consistent with most of the contracts the City enters into to maintain flexibility if the need arises. The second issue is related to the first, and is the amount of the lease payment. Lamar has stated that the net result of having the 180 day termination is that they would only be able to enter into 180 day contracts for use by their clients because they cannot guarantee any period longer fhan that. As such, they proposed the yearly lease amount be set at $1,000 for the first year, and give a 10% increase every five years. Lamar also identified that the sign has a Iower value than others because it is only the south-facing surface that has full exposure to traffic. The north-facing surface is briefly viewable from west-bound traffic on Sprague, and is viewable from south-bound traffic on Argonne, although at a poor angle. (See , pictures) " I discussed the potential for a longer termination notice, such as one year, with Public Works. . Steve Wodey, Senior Engineer for Capital Projects, stated that they would strongly recommend keeping any termination notice at 180 days because in the event Appleway and Sprague east of Argonne Road are turned back to two-way, that intersection would be the most likely place the transition would occur and there could be street modifications in this area that may impac# the existing billboard. Mr. Worley stated that a one year notice could potentially hold that project up. 2. Sale of ROW to Lamar - In the course of the lease discussions, Lamar indicated that it would be interested in purchasing the right-of-way upon which the sign sits. There were no discussions regarding price.. If the Council chooses to do so, we would need to identify the size of the small parcel necessary to accommodate the sign. The dimensions of the existing sign are approximately 12 feet by 25 feet, and it appears that the sign hangs over the sidewalk and a very narrow portion of the roadway at a height of approximately 30 feet. Mr. Woriey advised that he could not recommend the sale of the land to Lamar until the future transportation needs for that area have been decided. 3. Request removal of the billboard - The Council may decide that it does not want to have the billboard on City right-of-way. The City has consistently taken the approach that private citizens are not authorized, either implicitly or explicitly, to use City right-of-way. If this were the choice of the Council,. a reasonable amount of time would need to be allowed to remove the sign. Lamar would then have a certain amount of additional time to negotiate a deal with another land owner in the City for placement of a similar-sized sign under the City's "cap and replace" policy _ on billboards. ~OPTIONS: As outlined, above. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: -Cary Driskell, Deputy City Attorney ATTACHMENTS: 1. proposed lease 2. map . 3. photos r~ LEaSF ACREEMEnzT 13ETWEEN CTTY QF SPOKAnrE VA1,LEY AvD LAN'IAR OUTDOOR AllVERTISTNC FOR RiGHT-OF-WAY BORDERED BY Ak'YLEWAY BQULFVNRD, FIRST AVENUE; WILLOW ROAD r1ND ARGONW.E ROAD FOK YLACEMENT OF A BILLBOARD, SPOKANE V ALLEY, NVASHINGTUv TI-IIS AG12EEM-ENT is made by and behween the City of Spokane Valley, a code City of the State of Washington, hereinafl:er "City" and Lamar Outdoor rldvertising, hereinafter "Lamar," jointly referred tn occasionally as "parties." IN CONSID~RATION of't}ie terms and cnnditions contained herein t}ie parties ag7ee as fol lows: . 1. Term. City grants Io Lamar non-exclusive use of the nremises, identifietl on Exhibit l, for maintaining a single or double faced outdonr adver[ising structure for a pcriod of ten years from full execution of this agreement. The parties, upon mutual agreement prior to e:cpiration of this agreement, may ertend this lea.se agreement for acle additional tcn year period on the same or rnutually agreeable terms. Eithee party rnay ierrninate khis agreement by 180 days writt:en notice to the other party. . ln the event of such termination; shall remove any structure and any other personal property rclated in any way to the citing, maintenance or operation of the slruc;ture from the premiscs by the expiration of the 180 days. The City has informed Taamar, and Lamar has acknowledged, fhat the City is highly likely to need thc riDht-of-way upon which the stnieture is located for transportation purposes within five years of execution of this lease. 2. Use. City grants to Lainar access to and use of die premises as reasonably necessary to repair amd maintain the struct'ure, including changirig advertising copy on the structure. The term structure as used here shall mean a structure for thc purpose of leasing advertising space to promote an interest olher than th1t of the individual, business, product or service avlilable oti ihe premises on which thc structure is located. Structure also means the posts or columns and the anchors and bolts that structurally support the sign attached to it. 3. Lease Amount: The renl shall be $1,000.00 per year, payable in advance by clASe oEbusiness on December 1 oCeach year. , 4. The City, incluclinb its agents and einployees, shall not place a»y materials, equipment, supplies, vegetation, or obstructions under or adjacent to the structure ar in the immediate vicinity of the structure which would interfere with or impede Lamar's painting, posting, or servicing.the structure, or tivhich woulcl wholly or partially obstruct the view of the adverCising copy on the structure. City shall movc any such materials, equipmcnt, supplies, . vegetation, or obstructions within 10 days of notice from Lamar. If City fails to do so, Lamar may reduce the rent to twelve dollars per year while such condition continues. City also agrees, that Lamar may, upon ten days written notice, trim or remove trces or other vegetation on the premises immediaCely adjacent to dhe structure as reasonably neces.sary to prevent obstruction of the seructurE. If dhe City objects to the trirnming or removal of vegetation, the partics will work in oood faith to resolve the objection to an-ive at an agreed resolution. 5. Notice. t111 rent payments and other official notices required under this ' lease agreement shall be sent to the following addresscs: City of Spokane Valley: Finance Department 1 1707 Last Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Lamar Outdoor Advertising: Lamar Oudoor Advertising - 101 5 East Cataldo Avenue Spokane, WA 99202 6. - Insurance. Lamar shall procure and maintain for the duration of the igeemcnt, insurance against claims for injuries to persons or damage te property which may arisc from or in coniiection with this lease agrcement b}° Lamar, its agents, representatives, or employees. Lamax's maintenance of insurance as requirecl by the agreement shall noC be construed to limit the liabilit:}' of Laniar to the coverabe provided by such insurance, or odlerwise limit the . City's recourse to any remedy available at law or in eyuity. A. Ivfinimum Scope of Insurance. Lamar shall obtain insurance of the types deseribed below: 1. Commercial Gerzeral Liability insw•ance shall bc written on ISO occurrence form CG 00 01 and shall eover liability arising from premises, operations, independent eontractors and personal injury and advertising injury. The CiCy shall be named as an insured under the Commercial GenEral I.:iability insurance policy. ' • 2. Workers' Compe»sution coverage as reyuired by the T.ndustrial Insurance laws of the State of Washington. B. Vlinimum Amounts of Insurance. Lamar shall maintain the followina, insurance limits: 1. Coinmercial Generul Liability insurance shall be written with limits no Icss than $1,000,000 each occurrence, $2,000,000 general agDregate. C. Other Insurance Provisions. The insurance policies are to contain; or be • endorsed to contain, the follpwing provisions: l. Lamar's insurance coverage shall he primary insurance as respect the City. Any insurance, self•-insurance, or insuranec nool . coverage maintained by the City shall be excess of the insurance held by L.amar, and shall not contribute with it. ~ 2. Lamsr's i.nsurance shall be cndorsed tn stace that coverage shall - not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, retuni receipt requested, has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a• current A.M. Rest rating of not less than r1:VTI. E. Evidence of Coverage. As evidence of the insurance coverages rcquired by this contracC, Lamar shall furnish acceptable insurance ceftifeates to the City at the cime Lamar returns the sigmed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, the thirty day cancellation clause, and the deduction nr refention - level. lnsuring coinpanies or entities are subject to City accepCance. if requested, complete copies of iiisurance policies shall be providecl lo the City. Lamar shall be finlncially responsible for all pertinent decluctibles, self-insurecl retentiorls, and/or self-insurance. 7. Indemnifieation and Hold Harmless. Lamar sl.all defend, indemnify and hold the Cily; its ofrccrs, officisls, employees anct volunteers hai-inless frorn any and all claims, injtiries, damages, losses or suits includino attorney fees, a.rising out of or in connection with the perFormance of this agreement, ercepi for injuries and damages caused by the sole negligencc of the City. f'Should a court of competent jurisdiction determine that this agreement is subjeat to RCW 424.115, then, in the event of liability for cfarnages arising out of boclily injury to persons or darnages to prAperty caused by or resulting frocn the concurrent ncgligence of Lamar ancl the City, its nfficers, ofCcials, e►iiployees, and volunteers, i..amar 's liability hereundcr shall be only to the extent of Lamar's negligence. It is fuMher specifically and expressly understood that the indemnification provided herein constitutes Lam.-u's waiver of immunity under Industrial Insurance, Tille 51 RCWi solely for the purposes of this iiidemnification. This waiver has been mutually negotiated by the parties. Thc provisi4ns of this sec;tion shall survive the expiration or terrnination nf the agreement. 8. `Vaiver. Nb officer, employee, agent or other inclividua) acting nn behalf of eidler party lias the power, right or audiority to waive any oF the conditions or provisinns of this aoreement. No waiver in one i.nstance 'shall be held to be waiver of any other subsequent breach . or nonperformance. All remedies afforded in t}lis agreement or by law, shall be taken and construed as cumulative, and in .addition to every other remedy proviciecf herein or by law. Failure of either party to enforce al any time any of the provisions of tMis agreement or to require at any time performance by the othEr party of any provision hereof shall in no way be constnjed to be a waiver of such provisions nor sliall it affecl the validity of this agreement or any part - thereof. 9. 12eeurds. . TMe City or State Auditor or any of their representatives shall have full access ta and the right to eaamine during normal business hours all oP Lamar's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, exlmine ancl make excerpts or ti-anscripts from such rccords and to malce audits of all ccmtracts; invoices, materials, payrolls and record of matters covered by this contract for a period of three years f'rom the date final payment is made hereunder. 10. AssilZnment a»cl Dele2ation. Neither piirty shall assign, transfer or delegate any , or all of the responsibililies of this agreement or the henefits rcceivetl hereuncler without first . obtaining the written cqnsent of the other party. H. Jurisdiction and Venue. This agreement is entcrcd into in Spohane County, VJashington. Venue shall be in Spokane County, State of Washington. 12. Cosl and Attornev's Fces. In the event a lawsuit is brought with respeet to chis agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be deterniined by the Court as reasonable. Unless provided othenvise by statute, Lamar's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 13. , Entire Aerecmeiit. This written agreement constitutes the entire and complete agreement behween the parties and supercedes a.ny prior oral or written agreements. This agreernent may not be changed, modified or alterEd cxcept in writing sigmed by the parties hereto. 14. itnd-kickbaclc. No ofFcer or employee-of the City, having the power or duty to . perfbrm an official act or action related tv this agreement shall have ar acquire any interest in this agreement, or have solicitect, accepted or granted a present or futurc gift, favor, service or other thing of value from any pErson with an inCerest in this agreement. }3usiness ltegistration. Prior to comrnenccrnent oC work unaer this aareement, Lamar shall register with the City as a business. 16. Severabilitv. If any section; • sentence, clause or phrase of this agreement . should be held to be invalid for any reason by a court of campetent jurisdiction, such invalidity shall not afCect the validity of any other section, sentencc, clause or ph.rase ofthis agreemenl. 17. Exhibits. Exhibits attached and incorporated into this agreement are: A. Insurancc Cerlifcates IN WlI'NESS WI-ILREOi', the pariies hsve executNd this agreement this day of )2007, C1'rY OF SPOICANE VALLEY: i amar Outdoor Advertising: David Mercier, City Manager Authorized Representative Tax ]U No. AT`I"ES'I': APPROVED AS "1 O FOfbm: Christine Bainbridge, City Clerk Office of the City Attorney Spokane County A1aps Page 1 of 1 ~ ~ Spokane County Maps epSlze: Toolbar use: (1) Click the appropriate zoom iwn (In or Out) then le3 click on tha map lo dray a rectanpls dMninp your zoom area. 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" - . . ~ ~ a~~s- 1 -sl•iJ V 1 W ' ~ ' CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: Januarv 8, 2008 City Manager Sign-off: item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information QC admin. report ❑ pending legislation AGENDA ITEM TITLE: Sidewalk Maintenance GOVERNING LEGISLATION: RCW 35.21.220, RCW 35.68.010, RCW 35.68.030, RCW 35.68.040, - RCW 35.68.075, RCUV 35.69.010, RCW 35.69.020(2) and RCW 35.69.020(3) PREVIOUS COUNCIL ACTION TAKEN: See attached Memorandum BACKGROUND: Background is set forth in the attached Memorandum. OPTIONS: Council direction RECOMMENDED ACTION OR MOTION: To provide further direction to staff. ~ . BUDGETfFINANCIAL IMPACTS: None STAFF CONTACT: Mike Connelly ATTACHMENTS: Memorandum with Exhibits ~ SIDEWA:LK M:AZNTENANCE - Presented to the City of Spokane Valley January 8, 2008 $ackground On December 14, 2003 the Depucy City Attorney advised the City Couneil concerning the right of the City to protubit the placement of snow onto public right of wayS c1I1CjIbT requiruig the removal Ui snow from the sarne. In that sarne correspondence the City Attorney's Office recommended tlie consider.ation of a comprehensive Sidewalk Ordinance by the council. Se.e attached Fxhibit A. On February 24, 2004 the City Cotuicil cansidered C)rdinance 04-011 Citv Sidewalk Urdinance. See attached Exhibit F3, Ord'uiance 04-01 l; Sce also attached Exhibit C, Minutes of Council meeting, Fcbniary 10 and February 24, 2004. Thc City Council reviewed this ordinance and ciid not hold a second reading on the Ordinance. On iviay 15 of 2007, the Council discussed the applicability of the ADt1, Amerieans with Disabilities Act, and the historical responsibility of Spokanc County when this tlct was _ passed in 1991. At that timc the Council requested esamplcs of Sidewalk Ordinances ihat specifically discussed the rcmoval of snow and ice as wcll as an update on the complianec issues raised by the ADA. (See Exhibit D, Documents provided to Council; - Council Minutes for May 15, 2007.) - Current Law The pertinent federal statutes are: 28 CFR 35, requires that a public entity conduct a self evaluation (28 CI'R 35.105(a)); establisli a grievance procedure by establislung a responsiblc eniplqyee aiid grievance Proecdure for any violations under 2$ CFR 35, (28 CFR 35.107);'and make available to uiterested persons informatian reizarding ttie applicability of 28 CFR 35 to the public entity's services. (2$ CFR 35.206) ' The Cit}, of Spokane Vallcy has r.equcsted that Spokane County provide the documents demnnstrating c;ompliance with section 105(a), (thE self evaluatinn). The Finance Tairector/R.isk Manager has beeu established as the responsible employee. A NNTitten policy setting forth the grievancE procedure is being developed and should be completed in the iirst quarter of 2008. , .J 1 28 CFR 35.150 (a) (1) requires that existing public facilities are rcquired to be made so ~ J that °the service program, or activity when vieweci in its entirely, is readily accessible to and usablc by individuals with disabilities. The City of Spokane Valley is currently in compliance N<<ith this requirement. 28 CI'R 35.1-51 requires that new construction nr alteration of a facility must be constructed lo be readily accessible to the maximum•extent feasible. 'I"he City of Spokaiie Valley complies ~N2th this requirement. The pcrtinent Washington sfatutes arc as follows: RCW 35.21.220 auihorizes the City ta reDulate the use of sidewalks. RCW 35.6$.010 confers the aulhority to constnict, reconstruct, ancl repair sidewall:s or to require the abutting property owner to construct the improvement at dlc owner's own cost or eYpcnse or to asscs all or any portion of the costs tliereof against the abutting property owner. A specific orclinance is necessary if property owners are to be chauged. RCW 35.68.030 requires a hearinD -if aziy costs are to be imposcd upon the aburting property or if'the City intends to assess such costs against the property. . RCV11 35.68.040 allows the ci ~ to crcate a"sidewalk constructivn.Turrd" to I~aY for the ~ . costs of improvements. RCW 35.68.075 scts fnrth the standards for construction for curb rainps for persons with . disabilities. These standards apply tn new construelion aild replacemcnt curbs. RCW 35.69.010 defines sidewalk as, "crrry arzd all pedestr-ian structu3•es or forms of imPrvvemerti forperlestriaru included in the space betiveen the sfreet n7argin, us defrried by a curb'or ldie edge of the tru>>eled road suifuce, ar7d the line whe►-E 11te public rrght of - way meets the abtittrng property. " RCW. 35.69.020 (2) limits the ability of the City co charge for icnprovemenes tA "50% of the vnluation of such nbutting properh~ exclusive of iirrproi,ernents tliereaa. " RCW 35.69.020(3) prohibits any charge to the abutting property o'wner for costs pf reconstruction if the reconsh-uction is required, "to co►•rect rleterioration of a• rianrage to the .sidewalk that is the direct res•ult of actio►is by r6re city or its uge,irs ar to correct deterioi•atir>n or d«muge !o the sidetivulk l{rat is the dii•ect result of the failur•e of tlre city to enforce its ortlirtunces. " ~ 2 . The pcrtinent Spokane Valley Ordinance is as follows: _ , 7.05.040 Nuisances prohibited. No person,.firm, or entity shall erect, contrive, cause, continue, maintain, or Permit to exist any public nuisances within the City. Arohibited public nuisances include, but are not limited to: C. Siclewalks. 3. Snow or ice not remo~~ed from a public sidewalk ~~vithin a reasonable time, Washington Case Law provides as follows: ln Bu•dsall v. tlbrams 105 Wash. App. 24, (2041); a pedestrian brought aii action against . a building owner and property manager. The pedestriau slipped and Fell on-an unclcared portion of the sidewalk. The court held that the property owner owed no duty of care to the pcdestria.n and further that the ordinancc requiring the landowtier to clear the public sidewalks adjacent to their land did not provide the injured pedestrian with a tort action agaumt the property o"mer. In Rivett v. Tacoma; 123 Wn. 2d 573, (1994), a person trippecl on a pubiic sidewalk in front of a private residcnce. The court held that a City urdinanee requiring thc abutting property owner to indemnify the City for any damanes resultuig from a defect on the abutting sidetvalk violated substantive due process and consequently was unconstitutional. The-ordinance required the Property ovvner to "maintain tlie sidcwalk, upon• wluch their property abutted, in a safe eUndition, free of hazardous conditions : pursuant to Tacoma city Ordinance 9.17.010." ' In \lelson v. Citv of Tacoma, 19 Wash. App.807; (1978), the court held that, "the city could not be held liable for injuries-sustained by pcdestrian who was injured when he slipPed on icy strect wlule jaywalkuig at midblock; city had no duty to maintain full block of street safe for pedestrian cross travel when sidewalk, or portion lhcreof was blocked." Citing McQuillan, Iviunicipal Corpordtions, the court stated: Ordinarily, snow or ice upon a sidewulk is riot to be classed tivrth tlungerous obstructions such as a municipality is required to remove. It is generally held tlrat u naturul and ordinary accurnulution of .snolv und ice on sldewalks creates na »zuniciptrl liahility for irrjuries occasioned thereby, unless wit1: res•pect there to the municipality.is in so»1e manner negligent by disregarding i1s obligatioy: to exercise ordinary ccrre to keep its sideivalks infit contlition for usuul travel.; municipal liubilrty niuy arise if rhe snotivy or icy sidewalk itself ►vas defective, oiy the ice or snow, formed inta ridges, di-ifts or hillocks, amounted to a dangerous obstruction to travel; the elen•:ent of knorvlerlge being shotivn. " LI Gardner v. Kendrick, 7 VJash.. App. 852; (1973), a pedestrian slipped and fell on snow and ice-covered public sidewalk in front of a house owned by defendant. The court held that the city ordinance requiring the rEmoval vf snow did not create a cause of action for bencfit of any individual citizen. 3 In Hartlev v. Tacoma School District, Ciiy of Tacoma, 56 Wn. 2d 600, (1960); the court held that when there is an ordinance reyuiring abutti.ng property owners to remove ice aiid snow fran sidewalks erossuig their propcrty a city is entilleci to ,vait a reasonable tune to see if the abutting property owner will remove the ice and snow before the burdcn is cast upcm the city to remove the same witliul a reasonable time. ln this case the snowfall occurred siY days before the fall, -the sidewall: in question was the means of access to the front cntrancc of a public school attendEd by over seven hwidred children and was located upon an arterial strcet adjacent lo a shopping center; and there was cvidence that mauitenance crews oEthe city had sanded aiici salted crosswalks and slreets in the vicinity at least lhree tiIIies during the preceding six-day peiiod. The legal issue is whether or not the city did all that reasonable care required. In tlus casc thc Jury ar►swereci lhis question in thc ncgative eve.n thoujh evidence was prescnted that the city had five hundred iniles of streets and sidewalks, the city had worked out a set of priorities whereby it seni its maintenance crews frst to tlie uiost hazardous and congested are.as of the eity, and tiad followed that system in tlus uistance. 1`he evidence also showed that while 60-72 men were used each day clearin; streets and sidcwalks immediately after the snowfall, on the rivo days preceding the accidcnt only skeleton crews of 10 alid 16 mecl were uscd. • In ~tiebarger v. City of Seattle, 53 NVn. 2d 228, (1958), wherc a pedestrian fell on an icy sidewall: the court held that a snoNa+fall was not itselt' notice to lhe city of a dangerous condition in any partieular Place, where some abutting property owners in the vieinity of ~ the place of the aec;ident had clearcd snow and ice from sidewalks in compliance with a city ordinance reyuiring them to do so, and the city did not luiow which sidcwalks; iFany, hacl not been eleared. The court further held that constructivE notice to a city may be inferred fioili the elapse of time a dangerous condition is permitted ta continue when it is lonb enough to be able ta say that it ought to have kna,,vm about the condition. Otller JUu•isciietiotts: • Attached at F-xhibit F are "Sidewalk Ordinanees" adopted by other communities in Eastern Washingtpn, specifically inclucling: City of Colfax _ C;ity of vloses Lake City of Yullmm1 City of Spokane Colville . East Wenatchcc Ritzvil le . Spokane County - Walta Walla ' . Yalci.ma . ~ 4 . ~ . . Exh. ~b. ~t A . . . S#61&ne Valley -~11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 • 509:921.1000 ♦ Fax: 509.921.1008 ♦ cityhallpspokanevalley.org Memo'randurn To: Dave Mercier, City Manager; City Council members • From: Cary P. Driskell, Deputy City Attorney CC: Date: December 14, 2003 . Re: Snow on sidewalks • • A citizen asked what could be done about a business plowing snow from its parkuig lot onto his private property. Thcre are twro answers to tlus question. - First, a property owner ahvays has a private cause of action against anothcr persen or business that interferes Nvith their rigtit tn enjoy their property, and- for trespass upon private property. This is a long aiid expensive remedy. Second, the nuisance ordinanec adopted by tliis Council scveral months ago states as• . follows: Section 4. Nuisances Proh.ibitcd. No person, firm, or entity shall erect, contrive, cause, continue, mai.ntain; or permit to exist any Public nuisances --Arithin the City. Prohibited public nuisances uiclude, but are not lunited to: (and then lists som.e ' specifically identificd nuisances) . That nrdinance also defines what a public nuisance is, state as follows: "nuisance" means the unreasonable or unlaNvful use by a pcrson of rcal or personal propcrty, or the unrmsonablc, inde.cent or wllawfiul personal conduct which materiallv interferes vvith or jeopardizcs the health, safeiy, prosperily; guiet enjoyment nf propertv or wclfare of others, offends common dec.e.ncy or. public inorality, or abstructs or inl'erfcres,*Nrith the free use of public Nvays, plaees or bodies of water. Although the nuisance ordinance does not specifically list the placement of snow onto a person's property as a nublic nuisance; it is my opuuon that the existin; ]anguage gives the city legal authority to issue a notice of violation under lhe nuisance ordinance. A seeQndary question arose as to whether the city could preclude people fxom moving snow from theu private property onto rights-of=way. I believe the last sentence of the , defuution of "nuisance" in the nuisance ordinauce covers this issue. As such, the city ~ does have the ability to preclude private pai-ties fi•oin putting snow on the rights-of-way. . Stanley Schwartz has advised that the city may want to consider adopting a more compreheilsive ordinance that nat only specifically states that movulg snow onto private property of another person or onto city streets is a violation of law, btrt also requires property o'vAqiers to kEep sidewalks clear of snow. It may be that it is too late in the year to get that implemented for this snow season; but could be something the Council considers prior to next winter. 0/1 . ~ . . DRAFT EXhibit B CITY OF SPOK.aNF VALLEY SPOKaNF C4UNTY, WASHINGTON ~ ORllli\`ANCE NO. 04-011 . .'AN OI7riINANCE OF THE CITY OF SPC)KANE VALLEY, WASAINGTUN 12ELATaNG TO 7HE DUTY TO MATiNTAIN SIDEVVALKS AND PROVTDING FUR O'1'HFR MATTEIts PROPERLY RELATFD THERETO. ' NVHEREAS, RCW 35.21220 authorizes cities to regulate the use of sidewalks within their . corporate boundaries; WHEREAS, the City is authorized to construcl; recoiistruct and repair sidewalks including paying the cost of such work or requiring the abutting property owner to constivct the improvement following notice and a hearing; WMER.EAS; this Orclinanec is for the purpose of aiding the City in the discharge of the duty to the generiil public to maintain sidewalks within the Cit}; and WHERrAS, the City desires that maintenancc and repair of sidewalks be performed by [he owners of property abufcinb lhe sidcwalks. NOW TI-LEREFORr, the City Council of the City of Spokane Valley, 1Vashington do ordain as follows: . • Section 1. Purpose. The City declares it is in the best intErests of the citi'r.ens of the.City of Spokane Valley tp improve and maintain sidewalks and keep the same free from any obstruction, impediment, or condicion that impairs the safety or use of the siclewalk. Section 2. Uefinitions. For the purposes of this Orclinance, the follnwinb clcfinitions shall apply: A. "$idewalk" inclucles any and all pedestrian structures or fornis of impro<<emcnt for pedestrians included in the space within dhe street margin, as defined by a curb or the edge of the traveled road surface, and the line where the publie right of way meets thc abutting property. B. "Streets" means a public or private roadway which provides t]le primary means of aceess to property. C. "AbuCting property" means all property having frontage upon the siclcs or _ miirgii7s of any street. SecYiun 3. Abutting Property Owners Duiy to Maintain. When any street is improved witli a siclewalk along either or both sides thcreof, the duty to clean and maintain the same shall be upon the abutting property owiier. It shall be the responsibility of the abutting propcrty owner ta maintain the sidcwalk at all times in a safe condition, by removing snow and ice, or any accumulation of debris; materials or objects where the same endangers or intcrferes with the public use of such sidewalk. Any snaw, ice, debris, materials or objects reinoved from the sidewalk shall not be disposecl of on public or Urivate sveets or anotlier's private.properly. Maintenance shall inclucle repair and restoration of the sidewalk according to City standard. . - prdinaitce 04-011 Sidcwslks Page l of3 DuAFT - Settinn a. Expense of Maintenance and Re.pair. The duty and expense nF inaintaining and _ ~ repairing sidewalks along tlie side oF any street sliall bc upon the abutting property owner. Sectioo 5. NTotice and Wearing on Sidewalk_ Tmprovement Prior to ordering the construction or rcconstruciion pf a sidewalk, the.City Council sliall adopt a resolution snd caiise the resolutinn to be served upon thc abutting property owner.l'he resolution sha11 be deerned notice directing the construetion or reconstruction of the sidcwalk and be delivered pursua»i to che Civil Rules of Washington. lf the owner is a non-resident of the State of Washington, the notice sliall be mailed to the last knnw•n address, or if the address is unknown by posting a copy in a eonspicuous place at sueh portion of the street Nvhere tlie improvement is to be made. 1`he last known address sliall be determined through the ta.c rolls of the Coumty Assessor. The resolution shalL• (a) include plans and specifcations that detail the wrork to be cotnpleted; (b) specify a reiisonable time Eor the construction or reconstruction to be accomplisheci; (c) state that in the event the owner f•ails to makc the improvement, the City wil] procced to construct the improvement commencinD on a certain date; and (d) that the City Council will hear any and all protest aeainst the proposed eonstruction and assessment on a stated date. The resolution sliall be published f'or hvo consecutive weeks befare the date of the hearing in the official newspaper of the City. At least, ten days prior to the hearing written notice of the liearin ; shal l be given to the awner of the abuding property. Prinr to commencing constructian, the City v(anaber or designee will report to the CiCy Counci! ' the condition of the sidewalk, that proper notice tivas given, the cstimated cost of the imprnvement, the name of tlte owmer, if kiiown, and that the cost and expense of the sidewalk improvement may become a lien against the property pursuant to yn Assessment Nearing under RCW Chapter 35.68. If the owner has failed to perfonn the work as requested through the notice, the City Council rnay order the work perfoniieti and direct that an Assessment Roll be delivered to the Council identifying the ~ lot or parcel of land directly abutting that portion of the sidewalk improved, the cost of the wrork and the name of the owner, if known. The City Council following the construction sliall set a he<tring to assess the cost of the improvement against the property and sliall fix the time and manner for payment with the a.ssessment becomin3 a lien against che property and collected in the saine manner as loc.al improvement assessments under RCW Chapter 35.44. . ' The City may, through the general fund, pay a portion of the cost of constivction provided the Council makes a fnding that sucli ennstruction is in the public iiiterest. An abuttin; property o«mer sliall not be cMarged with any cost of sidewalk consUuction in excess of fifty percent of the valuation of such abutting property, cxclusive of improvements, acc.ording to the Isst valuation plsced upon the proper[y by the County Asscssdr. Further, ati abutting property owncr shall not be charged with any costs of reconstruction if (a) the reconstruction is required to correct . deterioration of or damage to the sidewalk thae is die dii-ect result of actions by the City or its agents; or (b) to correct deterioration of or damage to the sidewalk that is n direet resulk of the failure oF the City to enforce its Ordinances. Section 5. Penalty of Nor►compliance. 1n adclition to any other legal remedy, the Gity may issue a Class I civil infraction pursuant: to 17CW 7.80 to a property owmer for failure to comply with thc provisions of this prdinance. Section G. Liabili . The express intent of the City of Spokane Valley is that the responsibility f.'or eompliancc with the provisions of this Ordinance shall rest with the abutting property owner. This Ordinance and its provisions are adopted for the purposc of protecting the health; safety, and • welfare of ttie general public and not any parkicular class of individuals or organizations. . Ordinsnce 04-011 3idewalks Page 2 of 3 nxarT Section 7. Sevcrabilitv. If any section, sentence, clause or phrise of this Ordinance shall be held to bc invalid or unconstitutiona] by a court af competent jurisdietion, such invalidity or unconstitutionality shall not effect the validity or constitulionality of any nt:hcr section, sentence, clause or phrase of this Orclinance. Section 8. EffECtive Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance summary or a summary thereoF in the official newspaper of the City as provided by law. Passed By the City Council of the City at' Sp4kane Valtey this _ day of , 2004. Maynr, iMichael laeVleming .4'1'TEST: Ciry Clerk, CFiris Bainbridge APPROVEU AS TO FOW: . Stanlcy W Sehwartz, Interirn City Attorney Date of Publication: Effeclive Date: l . / Orctinancc 04-01 I SidewRlks Page 3 of3 Exhibit C properly liccnsed establishments; if private impounds should tu aciJresseLi in this ordinnnce; liahility irsues if we fail to regulatr the private impounds; und that tfiis ordinance addresses poblic towing and cuuncil csn always rhange it later ta address private towing. It was council consensus thut there is no objection for this initinl t4.ving ordinance te focus on public towing. Attamcy Driskell said hc would set: it it would bc fc:7siblr tu :icid a Lluuse cnncerning an1'one Mint; a tr« n1ust meci st.ite lirensing requicrments. 7..WaIgtY:en's Nublic Acce.ss [:asement Discussiun. Current Planning Manager Snyder explained the propx>>al as sl:itrd in hi> Fehruur~, 10, :00•1 {tcyii4st for Council Action. After brief discussion of the proposul, it was ['ouncil consensui to placc thic tnatter for rrsolution consideratian on the Februery I i''' ,lgenda_ 8. Considerations in StortnwuterRepulaticins. City Attorney Scllwariz summarited the cocitents of a draft Stormwater urdinancr alid expluined that these regutatiuns would be keeping with Section 208 of the Clean Water Act, nnd that the purpose i5 to protect pmperty and water resources. Cnuncil comcurrLd to brine thi5 rtiattrr fur«ard on tlze 2-1'~ A;enda. 4, tittlc~~ull. Kr> u~5~t+~ljt~l)l.,iu~~i~!u. .11icr L'ih Atturtivi, ti.hw:shi v\plnineti lht: (Mirr.,.c nt1d +"ucs ci-nncctuvi %\ilh the proptriud sidOnnik (wdinatLv. it Hati ('rHUrei) :0r►tinS1i, 10 hring thi, matter fivnt;ml oii) 111r `.i'1' ~1tz-rndn. . It tivas moved, secondeci nnd no vbjeclions wtre notrd, tu rxteral the meeling l0 9:15 IY m. I C►. Proposed Fcanchisc Ordinaiuc for Onc-G(GH'TY Netwurks Uiscussion. ncputy City Attorney Driskell explained the diffrrence bctween the old language and ncw proposed (unguage in Sectiun 4, 44 and stated that One-EIGtiTY representatives have no issue with the changc: As it is minor. Deputy Driskell added that he wiU 5etid lrtters to EMAN and ColumUia, but does nol snticipate anv changes forthcoming in those ordinbnets mid any changes that might be made, could he made through a ictter of Agrecment. It wa; Council ccinsensuti that this item %%:iU tx moved formard for the Fcbruary 17'" agcncla. 1.1 a. Weed tsnd Seed Grant Proy-ram, Po1ico Chief Cal Walker explnined that ihere is an opFortunity for at1 'eeJ uir(i Sced grajit, und that thc.c tyrancs nre used to "weed" out specific issues nnd "smd" it with self-sustaining programs with the help oi fedrn;l funds. Chicf Wslker aaid this new pmjec:t is for the Ccntral Valley Arca, tha.l a meeiing will tx held Friday to identify youth nnd busincss nnd ather mcmbers of the community who are unemple►}ed or under-cmjiloyecl, and this progmrn will help build or elcvnte skilfs to aid in cOmmunity Cmplnytnent. I I b. Clanfcation of Stafl's Role in Juint CQunci1fPl2in2i1g Commis5i,on Vlectincti. Cit)• NIxnager Mersier explaincd Nhat therc is a desire for role clarification for sLiti' :►s it moves fon%ard working with the Council and Plunning Commissian on issues such as the caupleL and visioning. Ir „os »iaved, secunded and nu obJections were notNd, to extenJ dre meeting another ten mrnutes ti1r. Mercier said the issue far considcration is shoulcl staft' aztend tJhose meetings as !'ncilitaturs or panicipants, as it was mentianed that staff might make mon contributions in a positiun otlier tlwn facilitator. Cnuncilmember Munson suid perhnps we arc not tapping tlic expertise of StafF in having stafF tacilitate these meetings raiher than juin ia dic discussion. Councilmemhrr Schirnmels snid he fccls comfortable with the stafl in the advisury position and is iwppy with the way it has been handle-c1; MaN or DeVieniing ulso indieated his satisfaction with the current fctirm.m. It %ka:, ('ou+icil con,ensus to kccp st:.itt ilti f8ctl1t:iIi,C tii, flt-,f tO h3V17 aF1% lJtlilllCfliiCtj .lfftl't ml the t(-)'IIC. l ~un:l(\tlnulctu:-ItfIN . ; , 1)m s 4M+►,»~d b► l'.mwtl b: s ~L. Rer Tty erk Bainbridge read the ordinHnec title, it wv.s movecl GyAlqt-or I.)11?'!'Pc•liri,lg LurJA<<OMlt'd ba ('ntnrcilmemher Taylnr In advurrce Ordinunce Ud-OlI ro a sernnrl reculr►iy. a,corney schwaru said shat ttic pitrpose of this ordinance is to recagniu: tltat cities cannot properly maintain and improve ail :idrwalks wit}tin its jurisdiction, and this ordinanct will have the adjoining propercy owner repair ated iiiaintain sidewall:s to rrtal.e sure the sidcwalks are safe for passage. Attorncy Schwartz explained ScK;tioii 5; and said thnt the penalry tor not complying with this ordinnncc: could result in the issuanre uf a civil infraction, which is similar to a speeding ticket. Council di.5cussion ensued regarding this issue, and in purticular fences that may stparatc the property owner's property from a sidewalk, such as somc -iide«<niks at the rtar uf pruperties. Councilmember Muns(m also mcntioned the possibility of (_ommui7ity Dcvelopmrnt lilock (irant (CDE'1G) 1'und~ r„ he!~i with mator rcrair, Ma%or T).Vltrnin1_1 inN ited public commr! ! OllkPL'121J1, 31I26S R;u'.','.!ill ;Ild lIlt~f~::~', U1 rcpair side%%alks ankl th;it It ~hvuld 1k thc Cit~ 's rrspui►sibility: or tlr.st clicrc shc7uld be a pul?Ii.: hr.tntit; Lin rhe matter. Ij('rr Portc'7', 222 tiE1'i'/~QYc?iY;: ;1L!I'l'L's with the pfC4'IOUS COTTImI'fll5: SIIlij }11S 1StitJe 1s lflli?\41f11; %NCCdti oll Si~1rt~~lk~. 1~0rr3- L,l. a,ro ,»k«I .iht,nl liahilitN iii,uranCe 11";Winr %~erc tu IaU diic tu ;L% conditiOn, ,tfike 1?empsey, fleuring F..raminer: said he is Familiar «ith Caunty rond standard, .ind >idc~~alks are luc:+tcd out;ide the right-of-way within border casemcnts due to linbility issiics. Rf ih 131siiri, 1 '7" f JS'h: said his sidewalk is at the bticf► of the house ith a frnce acijacent t:, tise ,idewQlk; Cerla cleaning, mnintaining and replacing sidewalks is asking tuo muth uf property owners :'lfike Dempsey said therc may be portions uf Spneue tilat havc siclcwalks that are within the richt «:iy, as some older sidcwalks hAVc rights-of-wati on Ik . COUIICIl continurd discussion cUncerning side%%,i:k. Il1~ t ii~ -A~I1. their property, and ftexihility of the ordinanec V„re b_t, . ti'!'hJ11h1fioTl: IIl Fcvor fnanrvj„to 0171)()nr:J. :\'wte. :lhsteyrt(ans: Arot7e. ;tifolfvn ctlrrred 11. Mavar AppuintmeatslCuuncil Confirmutitins -:~iaror DeVleming, N4ayor UeVleming propwserd thr folluwing cornniitteL appoinhnents: a. %,layoc DeVleming said that Puri:s & Recreatiun 1)in;ctcir Jar.kson is urgariizing an Ad lloc t'tinunuttee uf approximately seven individuals including citizens at large, scnior citizans. and cauncilmemkrs; th;►t ~aid committcr wUUld work with the Senior (:entrr Association in preparation fiir the move to c'cntrrPlace. ,'4iuyor UeVlcming necomtnrnded Councilmemlxrs Schimrncls and Flanigun to repn;sent :()unci) an the committce. 1t wus mo►-ed by ['ourrcilnteniher Afutuon uird seconded by nrputy Aluvor (i'ilhiie lo ronfirm the ubove appoinJntcrrt.%. <<O1e bt .-fcrlamatron• bl Fu►,c,r: l'rr~r,un.~,~~.~. (~j,~~„s~•cl: ,1'one. .9hsletrtions: :b'one. A-fotiun carrrerl. I,. It wsis moved by Mayar UeVleming and secunded tu ad% ance the narties uf Je1T rox anL1 I-lurry Slaclich tn the Tourism pmmatiQi)_ ;~rea Cornmission. Ynte by Acclumallan: In Fcvor: ,41uvor 1:►eVleming, Cnrmcilmemhers Schinrmel.r. Tuylnr. ,'llrurson, llunigwl, and Denen►ry. Uppn,sed- Deptrrt ,11avvr Wilhite; .-1hslerttions: Nune. Atolion cnrried. It was then moved by 'Vtnyor neVleming and •,C~c!R~j~i~ ~l.~ll17CI~I1?t'I11bC( SL'}llllllllck lt) a}ipnrnt i,oU!?CIlII1CtI1bC[ Tl~lo(' :iti IllilTlflif. fJSicAgptt?~r.1I•. i .c~._,i . Exhibit D MTNUTF. S CITY OF SPnKANE VA1.LF1' CI'1'Y CUUNC IL STUDY SESSIUN Tucsday. May 15, 2007 MaN or A'iihite calied the meeting to ordcr at 6:00 p.m.. and ~+eicomecl c\ rryone to ilic mertine. Present: Councilrticrnbcrs: Statl`. Uinna Wilhite, Mnyor Dar-e Mercier. Citr vlan:iger [nrrivrd 6:20 E,.m.] Stcve Tu}'lor. Ueputy Mayor Nina Regur, Deputy City Manager L)ick Denenny, Councilmernber Mikc Connelly, Cit}, Attorncy M ike DcVlrming, Councilmember Cary Driskell, Deputy City Attomey Bill Gothmann, Counciimemher Ken Thompson, Finance Dirccter Rich Munsc►n. Gouncilmember Neil Kersten, f'ublic V1'orics Director Gan- Schimrnels. Cauncilmemher Mary Knte Martin, Ruilding OfTicial Rick VanLeuven, PoIice Chief %t ike 1ucl+son, Parks & Recreeliun Dircctor ( ircg ti1cCormick, Planning Manager (_arolbelle Sranch, Nublic Jnformation Ot'Firer Chris [ininbridge, Ciry Cleri: Enqloti,,'e brlrucluc:liurt.%. .S'ue f'a.s.tirrro~r<• Iry• ,\'ina kc•bor - Dcputy City titanager Rcgor intmduccd Suc Passmore, ncHly hircd Adminiqmtivc Assistant for thc Mayor and Council; and mentioned that Ms. Passmore previously worked with the Educational Service I>istrict 101, and also has municipal experience from the City ofYuma Council welcomed and greeted Rts. Pa.tsmor'e AMLA~.~t11.~2 City Attorncy Conne y e~cplained that he previc~u.ly ;uhmitted a memorandum to Council in February which discussed specific ntles about sidewzlks; and his sccond memurajidum now discusses sidewalks in relatiun to ADA requirements. Attorney Cunnelly mentioned thut we need a transition plan, and have dcsignatei Finnnce Directar Ken "fliompsun as the ADA "respunsible cmpluveC." Conccrning die reyuiri.~d sclf-cvatuation, Mr. Connelly explained dhe County shou{d have campleted a self-evaluation, but at this point. such document has not been located; und if it is detcrmincd thAt such u seltevaluation plan from the County eannot be laeatecl, wr will need to complete one; that if we detecmine swetural changes are necessury for eecessihility, then we must alsa develop u transition plan, which must be implemented as cxpc.-clitiously ns possible, such plun setting oul wliat current ubstacles limit aa;cssibility to thc existing I'acilit}°; nnd how ttie farility %+iU he madr accessiblc. h1r. Connclly summariiea hi+ Fcbruary 20. 7007 mrmorancluiTi cmiccrrmng, current r;,t1c leg.d guidelines, and enfarzement cunsideration; A que,t<on %tias raised conrerning %+ho~ has thr lecal ohligation to remo%,e snow• and ice, and Mr. Connelly stated thiit it is the property owner's rcsponsibitity to rcmove snow and ice within a reasonablc timc, thut the regulation is difficult to cnforce tu manv timcs by thu timC u notice is sent to tt property uwner, the ice .ind snnw have mclted. Mr. Connelly said that legslly, natural accumulations afdirt k,r dcbris dd not necJ <<, he rcmavod from a public sidewalk. Councilmember Munson brought up the question of sidewalks around the back of properties, such as atound 32"d street, and N,.,hethcr we expcct the homeowner to clear ilwse sidrw$Iks. Attorney Connelly ccspondcd that thc vptians arc to tell the homenw7tier they hnve to ,:Irar it rCgurdless of the sidewalk's location, change the ardiiuince and not n.quircci sidewalks to tx: ;hovelrd: or came up with an ordinance dtat distinguishrs henween those sidewalks and nthers, yct havc lht ofd1l1;if1Ce iICa11ed to (17t'l'I 1l1C il'~ii ot'sUCh 1Choi1 Ilol hCl11L! 7rbfifaN 1ml:iv c.:)?fIC]OUti. flUbl1C `Vofk~ %1~c'.It1F %11jtU1[>' II';-1 4-i 17 I nl 1 A^provtxl hv Counrd lln•05-1;' T)ffClCi!! hcSsICII til:ilCd i113I 1l)i IOllR[\' l; tillll doIfIL, Sllil\1 rrninN:11 :!I 1}llti fllllt, 1)Uf liI h'3~C illtlll do ;idc«al{:s, ur spccilic side«ull:s, wouW bc vcr; costlN. Councilmcrnber tilunson flSICC(I Mhat the cast t,ould be, and Mr. kersten snid it would require some reseanh to make that determination. Attorney ( 'onnelly added that there nlso cxists the issue oi thuse who park on sidewalks and thus hindcr people's tree use of sidewalks; and he'd like to include that in the ordinance; that we likely already prohibit (ihstructiun of sidcws!l:s, but that could hc rnore srecitic and a Niolntion «ould hc added making it a nuisance to bla;k the public right-of-way. I )ther discussion ixiints includrd keeping, the process ihe <.ainc, e.g. reactionar), ur compliant dnven: sidewalks near schools; identifying uther high risk areas; enforcement; high bus traflic; prioate ct;ntracting issues and paying prevbiling wages; a sidewalk maintenance program for peaple to burrow 1'r(im to fix their sidewniks; and other cities' sidewalk ordinances. Regarding AUA issues, Attornc} Conneily summnrircd the issue by stating thul wc have to identify the problrm, comc up with e plan nnd Iuitding to fix the prublrm; and that the plan needs ta bring all public facilities into ADA complianec. ;tdding that new construction addresses these issues automuticaily. Atiomey Connclly also said researcli nceds to bc conducted to detcrminc what the C'aunty clid, so as izot to repeat thosc effurts. lt was Coun. d cunsensus that staff will lcx+k at other cities ordinances, pursue the existence of uuiy County plun, come up ith a budget far doing uur own plan, and tu adtninistrutively targct certain areas for snnw removnl h\, code enforcement; and to report the rCSCarch results hacR t~~ council. 4pgleway Avenuc Ptnjcct l,J,Rda[e - Sleve Worlev Public Works Director Kersten menlioned that this is a prujei:t update for coucicil prior to soliciting bids; tliat dtis ieem %vill return to cuttncil for the bid award; that tlie total budget for this prQject is ovcr six million dollars; and that the plans and specifications am 95°/o complete. Mr_ Kersten then explained the arc.a of che project as shuwn ott the drawing; and mentioned the nced ta have all the rights-uf-way ccilified before putting this out for bids, which he hopes to accomplish in 9 few «<eeks; arni that the pro.ject will likzly cany through the wintcr, but no sections will remain unpaved. 14'astewater Financisl Planning Policv I~suc; -_Ncil Kersten Director Kersten exploined that this is an oppartunicy to Cuuncil tu discuss wastewatcr policy J. reviewed during the joint CounciUCounty h1ay 1 meeting. Cnuncilmember UeVleming mentional 11).r-1 this would bi advisory to thr Cnunty as they ha-vc the ultimate decisiun; and Mr. Mercicr added that Curnmission C'hair Richard inviterl Cuuncil to provide inpul by way of sugbesting reasonable option,. l)iscussiun eitisued regarding the 2048 propk-ised rate «ptiuns far cc+nsideraUon; the proposed discount ritt- for senior-s and low-inrnme citir.ens: and that it wAS Council ci)nSC:nStIS to use thz 20% discount as pposed tn Ihe pneviously Cnunty recommendaiion of 30%, Mr. Bruce Rawls was also in attendnnce, anJ ,:iid that using u 20% rate would almost exactly level the rfltcs fLir seniors, and the rntc increasc tu utherti NNuula be a 37%! rate increasc instcsd uf 56c Uther disc«ssion items included the STFP charges as shuwn rin slide 14; and non-point source uptiUns as part of the TMDL (total mnximutn dnily load). Mr. Rawls iilso mentioned thnt n new public hearing date (other than a Tuesday nigltt) has not yet tecn set; and he a:kerl if Council has other palicy issuc prefcrenc4s, to pleasr scnd such to him by the end of R1ay. Unifnrm Developmcnt Code (IiUC)_I'itle Z~l ,ti-1ary Kate Martin liuilding C)tTicial Martin went through her PowcrPuint presentution hitting the highlights of UUC TWe ~-1, and menticincd that options are tu re-adopt the IntCrnutional Codes cvery tliree years, or adopt perprtua) langumge in our orciinAnce; nddinK thut Ihe ardinance can always be ainended later if necessary . Nls. Martin mentioned that most af the items in dtis title ure regulated hy code: thut rlectricul systems arc rcguluted through l.abor and lndustries; that the mode) ccxdes as adapted by the State have some limited ortions, and we ran mahe the ordinancr more restrictive if desired. [n reypunse to Council questions concerning section 105 Permits, N.U. hlartin said diat the pcrniit ,ections are genrrulized as the irttcntatii,nal code no Iong,t•r inclt:des :perilic,: I h . j t if apermit expirr,, it doe<.n't rncrin Ihr project is dead. '11cet~n❑ ~tnr.~t~•, ~~~-,i-i.i, I'i"r . •f 1 1F, r,cC:! I'j ('ni:ir_il ('it% ot 0,Itax - tViilter ).4aint<waunc lut~ornZrzti011 }'aee Ikit Exhibit E Cunmnt Weather Conditions Search I Fair, 33• F Winter Maintenance News Chamber Residents City Nall Departi l 011:1\ l~l.''; 41uik. The City of Colfax maintains approximately 45 lane miles of street5 and roads throughout County Seat. We also remove the snow and ice from the city owned sidewalks, inctuding the bridges. We want to takes this opportunity to explain uur winter Street Maintenance Program and its priority to you. Snow Removal, Sanding and Deicing Priorities Snow removal, sanding and deicing is performed on City streets in the following order of priority. 1. Schoot bus and Emergency routes: c) Fairview Street, South Main to Hospical. tD Thorn Street. o H9llcrest. Cromwell Strzet, Cherry / Orchard Street and Maller Road. = Main Street sauth to Fairview Street. Morton Stree[. o Cedar Street. Hauser Avenue. o EaSt Golgatha (South Fork of Palouse River road). o Park Street. 2. Main feeder or collector streets which lead to arterial stree[5 and highways. 3. All other low density streets. Piease be patien[. We will get to your streets as soon as possible. Deicing Chemicals 5preading aggregate such as sand and chips heips lmprove traction on ice under certain conditions. During times of rapid ice formation or in anticipation of wch an occurrence, deicing chemicals are used. We make every effort ta use the minimum amount of defcing chemicais necessary to make the roadways safe. S m ys " S,4J1PV01-1fts The snow plow operators' main objective is to keep aur roadwayz open for the safe passage of craf(ic. Whenever possible, operators try to minimize the size of berms across drfveways. However we do rtiot have the resource to remove snow berms. Removat of driveway berms is [he responsibility of the property owner. It is also the responsibility of the property owner to remove the snow from their sidewalk adjacent to their property. (_'ity of C'ulfar - \VititrrN-laintenance Informaticm I'age ? of? Maintenance of Unpaved Streets We maintain many unpaved streets riii(j fo;lljs. Keepii}-y ih:';r~ ;U;jUS Sf!'iGUEiI, ie'vtl :wd dfzilflkll 15 extremely difficult during winter freeze/ thaw/ heavy rains cycies. Heavy traffic on wet, saturated roadways rapidly causes ruts, washboards and pothales. Unfortunately, it is not possibte to grade during extreme wet weather or frozen conditians. You Can Help Your road maintenance is expensive, dangerous and time consuming. Please help Lis by paying attention to the foltowing. • lfyou commute, equiN your vehicle with good stiuw tircs. . Plcase obc:y thc pasted parking prohibiti~~ns and ren~ove y~our car k~ hen thr ,trcet is ~~ustr,i Ntiith yellaw, temporary "No Yarking' signs. • When it starts to snow•, pnrk }lour <<chicfe afl'the strcet if'possiblc. • Plet~s~ re~Ti~~ve aii~ ~~b;tru~ti~,n, tiiich iiti I'cnces «r pl,mtrr ahmg (-'it} f:i~f~►-~,l-~~:~~ 1'~r tl~~: winter. • Please k«p ~ouruurha!,~e c.:ns at le.tst tivc lrct in`idC Liri~c:~~a~: a~+av liL,ni :lic cdu: ~~I the roadk%sv- .We remind residents tluat City pruhibits plaring snuw ur icr on any public svut, sidcwalk ur parkink space in a manner thAt impedes vehicle or pedestrian traftic or m1lces it unsafe. • Please don't s-tack or piuw snow ovcr ctids of culvens, in ditclies, on top oCciraina,e .tnirtures or close tn Fire hvdrants. . Veiucirs Iefl parked in areas ofsnow remdval operations can be a big problem. Snow removal aperations require the use of large, heavy, noisy equipment, sometimes during periods o` darkness and limited vi5ibflity caused by falling snow. We stress safety at all times. Children love to watch snow remuval operations. The large equipment, noise, lights can be very excitino. The concentration required for efficient snow•removal, combined with noise and type of rquipment used means that operators may nnt atwa,ys be able to see small chitdren close h~; -:nd ._:);;'cf rosl:l, . Plr:s~~ t<<nnel5 or fnrts :n snovv herrn: at -im; tir•i`! •yj'J 4'1Qill :?rr:-tt..ilisxl4' : `i~l ll ._'.1 http:r`l~tiwxv.ro lfax - t% a.in to,'sltu%tipake.:~spx',td _-l~ 1 ,ul)X C11Y OF MpSES LAKFm . MUNadPAL C ODE ~ . . ' CHAPTER 12.$4 . . SNOW FtEMObAL . SeCkiOns' 12,20.010 Sidewalk Service Requieed - , - 12,20.020 Sidewalks Serti+iced by the City 12.20.030 Viola#ion - Penalfy 12 _20.0 10 S idewalk Service Re uired; I# sha ll be the duty af persons occugying property ta provide sidewalk service #or municipal sidewalks #hak are adjacen# ba their property, unless said sidewalks are , ser++ited by the city in accordance with sectian ,020 of khis chap#er. Sidewalk service includes kseping the municipal sidewalks free of snow, ice, winter sand, abstructions, and ather objectionable t#rangs. Sitlewalk repairs are regula#ed by Chapter 12.12 of khe MoSes I.ake , Municipal Code. (Ord. 2224, S19105) 12,20.020 Sidewalks Serviced h the Ci ~ The ciky shalE pravide sidewalk sen+iCe forthe fol[ovring sidew2lks. . A. V211ey Road Activity 7rail; the sidewaik on the west side of Strskford Raad Rom the north side af Knolls ~fista Drive to the activity #rail betn+een Knolls Viska Plst and the Vista Shork Plat; then along #he acEivity trail belween iCnolls Vista Plak and #he Vista Snoet Plat to [he 2c#ivity trail on the south side of Valley Road; tnen along the ac#iviky trail an th e south side of Vallay Road to the east side of Creskuiew Drive_ - 8. NeppeE Crassirrg= the east skde of Stratford Road from #he narth side of UVest Broadway Avenue (Conoco Station) to nine hundred eighfy-seven feet (987') souih of the wrest quarter comer o# Sectian 14, Township 19 Nvr#h , Ra nge 28 East WM _ (south corner of Lat 3. hfioors . Plat No, 2)_ ~ C. Pioneer Way, sidewalks on wes# skde of PioneerWay from the north side of Hill Avanue to lwo - hundred eighty teek (2 80') south o# #he centerline af UV21nu# Street {south side of C & V Auto sales lot}, ' . , D_ P ioneer Way; sidewalk an #He east side of P ia neer Way from the norkh s3de of Hill Avenue ta - #he souEh side of Riviera Street_ - I I E . +JVheeler7riangle (stree# beau€ificatian site): sid e+r.allcs on the north side of WFreeler Road from i the eask side of St2te Roobe 17 to the west sade of Lasco Lane. ~ . F_ Activity TraiF: design2#ed $ctivit}r traiE fram IVeppel Landing to the sou#heast side of Marina . Drive (at F!o€mes S#reet); then along #he southeast side of Marina Drive ko khe northeast side of Intertake Road; then a[4ng Ehe nortFreask side of knterlake Road to Ehe 9GU#hea9t side af Broadway Avenue; then along the southeast side of Sroadway Avenue ka the achvi#y kr2il on the nurth side of Inters€a#e 90; khen along the atkivity trail on the norkh side of Interskate 90 ko . the parking area ifi 61ue Heron Parik. . . : C. NeGson R vad and Divisiarr StreetActivity 7Tail; #he sidewaEk on the sau#h side af Nelson Road . from eight hundred eleven feek (87'i') wes# of the northeast sec€ian quarter for Sectian 26, " Tvvmship 19 #Uorth, Range 28 E2sk, W.M_ {C hief A+1oses Middle Schaal} to the ea5t sade of - Pioneer Way; then again ari #he south.side of Nelson Road fram one hundred forty feet {140'} east aP centerline af S haker Plaee. (Garden He ight E lemsntary Schaal) ta the east side of Division Street; #hen along the e25t side of aivision Street from the sauth side af IVeasoa Road ta the nvrth side of Yanexawa Boulevard, H, Yonezawa Boulevard Activity TraiL• the sidewalk an the north side af Yanezawa Boulevard _ framtlie east side of Division S#reet fa khe west side of State Route 17. ~ - 17 (8J05) ; - CITY OF MOSES LAKE MUNICIPAL CODE CHAPTER 12.20 - SNOW REMOVAL I. Broadway Avenue: along the northwest side, from Interlake Road to the north side of the • Interstate 90 right-of-way. J. Central Drive: along the west and south side, from Valley Road extending northerly to Grape Drive. , K. Clover Driive: along khe west side, from Yonezawa Boulevard to the west side of the State Route 17 right-of-way. L. Division Street: along the east side, from Nelson Road to the north side of the Interstate 90 , right-of-wvay. M. Holm Street: along the entire northeast side. . N. Inferlake Road: Along the southwest side, between Marina Drive and Broadway Avenue. 0. Interstate 90: along the north side, from eroadway Avenue to the elue Heran Park. P. Pvlarina Drive: along the southeasterly side, between Holm Street and Interlake Road. Q. Monroe Avenue: along the west side, from Nelson Road to Sharon Avenue. R. Nelson Road: along the south side, from Division Street to the west boundary of the State Route 17 right-of-way. S. Pioneer INay: along the west side, from Hill Avenue to the southeasterly side of the Besselman Addition Plat. ' T. Pioneer Way: along tfie east side, from Hill Avenue to the south corner of Webco's First Plat. i U. Stratford Road: along the west side, beginning at the south comer of Lot 3, Knolls Vsta Plat, and extending northerly to the southeriy comer of the Vista Short Plat; thence norihwesterly along the northeasterly side of the Knolls Vista Plat to Valley Road. V. Valley Road: along the south side, from the west boundary of the Vista Short Plat to Cascade . Park. W. Yonezawa Boulevard: along the north side, from Oivision Street to Nelson Road. (Ord. 2224, 8!9/05) 12.20.030 Violation - Penaltv: Any person, firm, or corporation who violating or failing to compfy with the provisioQs of this chapter shall be deemed to have Gommitted a civil infracNon subject to a C-3 penalty. (Ord. 2224, 8l9105) . 18 (8/05) #Remova',%20oi"/o20snow,%20ice,%20dcbris,%20dii-c,%20or%20rock%20on%20public%20sidewalks. Page 1 of 9 ~ ~ ~ City Horr►e City Departrnents City Boards City Council City Code Gommunity Un` TITLE 11 , STREETS AND SIDEWALKS* Chapters: , 11.20 Extavatipn_of Streets 11.28 Obskructions to Streets aCtd S(deevalks . 11.30 hioving Buildings . 11.32 Public P1eetings on Streets 11,36 $idcvJalk Repair . 11.42 S.Itlewalk_ I aning 11.48 Tre_es aiid Shrubs 11.50 Siclea_v~lk CIedAni;~~ Areas and PecleSttJan Clearance. Areas 15.52 VacaCioii of Strp~~ . Chapter 11.20 ,xpvation of Streets Sections: 11.20.010 PerMit_required_ 11.20.020 PQrmit issuance conditions-Work regulations. 11.20.030 Perm~t_fs~uance by_City Englneer, 11.20.040 Permit fees.authorized_Fees, to bc_sek by_councll resolu_ ion. 1120.045 Permjt_deposits esYablishecl,by_re.rc?lution. 1120.050 Legal_cons4~quences of perrnit applitation. 1120.065 Breakfng p.av_emenE. ' 15.20.070 ViolatlanS--Penalty__ " For statutory provisions see R.C.W. 35.21.220 and 35.21.269--35_25.270. For provisions regarding construdion standards for public urorks, inUuding streets and sidewalks, see Chapter 10.44 oi this code. 11.20.010 Permit required. It is unlavrful for atiy person, firm, or cor'poration to cut, excavate, take up, break, tunnel, undermine, or disturb any street, alley, highway, sidewalk, or other public place in the Ci1y of Puflman, without first obteining a written permit from the City Engineer of the City as here+nafter provided. (Otd. A-225 §1, 1953). ' 11.20,020 Permit issuance canditions--Work regulations. The City Engineer of the City of Pullman shall grsnt such permit only upon compliance vriih the following terms and oonditions: The par#y requesting such permit shall make applicaiion therefor in writing and file with the engineer a briefi description of the cut, excavatian, tunitiel, undormining, or thing desired to be done by the applicant and giving the loca6on upon the street, highway, alley, sidewalk, or public ptsce where such cut, break, excavatian, tunnel, or undermining is to be done together v1iUt an esfimate of the area of such street, alloy, highvray, sidetiralk, or public place fo be affected. The act or acts permiiied under such permii shall at all times be under the supervision and control o{ the engineer but at the expense oE the party procuring such permit and in case any such place referred to in this Chapter shall be disturbed in any way the replacement ther2of to its former condition shall at all times be subject to the direction of the engineer snd the same shall be replaced and ~estored to its former conoition viithin the timo by him stafet9 and specified, providfng.thai when the cut, excavation, ar ather work done by the person, orr'n, or corporafion 'to arhom the permit is granted has removed, broken, or damaged any paved str2et, highway, sidev;alk, or public place, said pemiitiee I shall compaci backfill to a depth ready for the pladng of crushed rock 2nd when lhis has been approved by the City Engineer, s8id permittee shall place hitp:/IvvNv~v.pullman-wa.gov/Draw0nePage.aspx?I'ageID=43 - 1/2/2008 #Remova.%20of%20snaw;%20ice,%20debris,%20tlirt,%20or%20rock%20on%20public%20sidewalks. Page 2 of 9 not less ihan Nretve inches of crushed s#one upon the backfill to bring expva6on cut or depr2ssion to grade. The City of Pupman will replace the pavement over or upon said crushed rotk. Notwithstanding anything herein to the contrary, at the expirafion of the time fixed by such permit or upon the completion of the worSc allowed to be; ' by such permit the City Engineer shall, if tte deems it advisable, have the r+ght to do all wor'k or things necessary to restore such straei, alley, side,a,_~__,.< hogltway, or public place Fo its prior and proper condition and the party obtaining such permit will be liable tor the expenses thereof; providing thaf the Ciry shall have in addition to any other rights hereunder a cause of action for all of its expenses and amounis Rauf out upon said work. If in the judgment of the City Engineer it is not expedient to r21ay the pavement of any cut or exCavation made in any street, alley, sidewalk, highway, or other public place at the campletion of the work allowed under such permit by reason of the looseness of the earth or weaiher aonditions, he may direct the pariy holding such permit to lay a temporary surface of suitable maferial designated by him, over such cut or excavation to remain until suCh time as the repair or replacement of the pavement can be properly done and in case of the failure of the permiltee to, in goocf faith, commence and perform the laying of such temporary surface within five days after the date of notice so to do, the City Enginoer msy lsy such temporary surface or cause ffte same !o be done and colleat the cost thereof from the Rarty having such permit in the manner af this•section hereinbefore provided. (Ord. A-255 §2, 1953). 11.20.030 Permlt fssuance by City Englneer. The City Engineer is author±zed and empowered to grant permits under the conditions herein set forth. (Ord. A-225 §3, 1953). 11.20.040 Permit fees authorized--Fees to be set by council resolution. Before a permit is granted to any person, firm, or corporation to cut, remave, excavate, break, destroy, or damage pavement of either a Concrete, blackkop, asphalt, or other kind on or in a street, highway, sidewalk, or public place or eny part tt►ereof, the applic$nt shalt pay to the Finance Direcfor a permit fee, the amount of vihich shall be established by Cify Council resolution. This money shatl be used by the City to replace and maintain the pav2ment. In addition to the permit fees authorized hereinabove the applicant shall pay to the Finance DirecEor an inspection fee, to be used to defray inspection costs. The amount of such inspection fee shall be established by City Council resolution. (Ord. 81-64 §1, 1981; Ord. 8-159 §2(part), 1974). 11.20.045 Permlt deposits established by resolutlon. (1) Befare a permil is granted to any person, firm, or oorparation €o remove, break, excavate, des#roy, or damage any street, highway, sidewslk, curb, or public place or any part thereof, paved or not paved, the permif#ee shall, in addition to the above permit and inspection foes to be paid to the Finance Director, pay an amount to be set by City Council resolution as a percnit deposit. (2) Inspec3ions fo be mado by the l?epartment of Public WoAcs. Deposits will be refunded onty when the permitiee has restored the street, alley, highway, sidewalk, aurb, pavemeni, or public place to approximate condition prior to work as determinesi by the Director of Publoc Wor9cs and in proper manner, providing Ehat should the cost to the Gity of Pullman ior labor~and materials in completing the resioraUOn exceed the amount of the depo; Y" Ciry shall have a cause of action against the permittee for the balance of the cost. In the event that the cost to the Cii}r of Pullman should be les( ! the amount of the deposit, the difference shall be refunded to the permittee. (Ord. 81-64 §2, 1981; Ord. 8-159 §2(part), 1974). - 11.20.050 Legal consequences of permit application. Any person, firm, or corporation who shall make application for a permit hereunder shall, by making such application, egree to keep and save harmless the City of Pullman from any and all daims, liabitities, judgmenis, costs, damages, and expenses arising from any act or acts which the permittee may do or suffer to be done under such permit or which may be done or suffered to tre done by any of his or its servants, employees agent, or vrhich may ariso from any negligence of the permittee or his or its agents, oontractors, subcontractors, or employees or any of them in any way connected with or resulting from the cutting, removal, breaking, excavating, destroying or damaging any street, alley, highway, sidewalk, or public plaoe or any part fhereof, or by reason of the violation of any of the provisions and oonditions of this Chapter, and iurther, that In case the act or acis permitted under uuch permit necessitafes the cutting into, removal, breaking, excavating, destroying, or damAging of any sictowapw,. street, pavement, highway, or oiher public pl3ce in the City of PuGman, the application shall constitute the further agreement Ihat the person, firm, or corporation applying for and acting undsr such permit shall replace the portion of such sfreet, alley, highway, sidevralk, or other public place affeCted lhereby in the manner herein provided and shafl restore such public placs Eo iis fomier condition within the tLme specified in such permit aitid as approved by the Ciry Engineer. (Ord. A-225 §5, 1953). 11.20,065 Bredking pavement. Whenever it is necessary to break through existing pavement for the purpose of tonstivction, repairing, restortng, maintaining, or inspeciing uncferground utilities or other services, and where the trench thereior is four feet or more in depth, the psvement and the base shall be removed to at least six inches beyand the outer limits of the subgrade that is to be distribuEed in arder to prevent settlement, and a siz-inch shoulder af undisturbed material (earth) shall be provid2d on each sode of the excavated trench. The face of the remaining pavement shall be approximately vertical. A povrer-driven concrete ssw shall be used to cut a kerf sufficient to permit complete breakage of the pavement or base vrithout ragged edges, and no other mefhod shall be followed in breaking through the pavement, except asphalt pavement shall be scoreci or othenn4se rut: No . pile driver shall be used in breaking up the pavement No backfill of undermined paving shall be permitted or done. (Ord. A-409 §1, 1960). 1120.070 Vtolatfons--PenalCy. Any person, firm, or corporation violating the•provisions of this Chapter shall be deemed to have committed a civil' infraction and shall be fined in an amaunt not to exceed five hundred dollars for each violation. Each day in vihich a violation shall continue shall be deemeci a separate offense. In lieu of a oourt appearance, any person or entity_charged wilh having committed a civil infraction may forfeit to the aty the sum of Ffty dollars for each such violation. (Ord. 99-39 §1, 1999; Ord. 81-68 §1(part), 1981; Ord. A-225 §7, 1953). Chapter 11.28 Obstructions to Streets and Sidewalks ~ http:l/www.pullman-wa.govJDrativOnePage.aspx?I'ageTD=43 1/2/200$ #Removal%20ofY'/o20snow,%20icc,%20ciebris,%20dirt;%20or%20rock%20on%20public%20sidewalks. Page 3 of 9 ~ sections: Q ,2$.010 Permit reguired. 28.020 Perrni[ iSSUaOLC9--5;OnditionS--WOr,9c_S.upeLv u~on and com02Ci_o[1, Permlk_(ssuance--Pe[mit_litnik~tions-~Permit.fee_-Usc_ of fee_ 111.28,030 11.28.040 0ep.o$it requlred=_Use of dePosiC. 11.28.050 Legal_consequences otPermit applicatlon. ' 11.28.070 VJpI_@¢ions--Penalty... 11,28.010 Permit required. It shafl be unlativful for any person, firm, or corporation to buifd, tonstruct, ptaoe, leave, or deposit in or upon any public street, afley, highway, sidewalk, or public pVace in the City of Pullman, Washington, any scaifold, construction, material, iubbish, gravel, rodc, earth or any oiher thing that obstructs, disivrbs, or interEeres wiih the free use and safe enjoyment by the public of said sUeet, alley, highway, side+rialk, or public p1ace, without first securing and obfaining a viritten pemtit from the City Engineer as hereinsfter provided. (Qrd. A-226 §1, 1953). 11.28.020 Permit issuance condltions--bVork supervision and completion. The City Engineer of the Ciry of Pullman shall grant such permit onry upon compliance with the following ferms and conditions: the party requesting such permit shall make applicatlon therefor in +vnting and file the same with the engineer, gIving a brief description of the obstruckion or thing desired to bo done or constructed and the location upon the street, alley, highway, sidewslk, or public place to be so obstructed, tagether with an estimate of the arza of the sfreet, alley, highway, sidevralk, or public plaae to be so obstruUed., The act or acts permitted under such permit shall at all times be under the supervision and oonfrol of the engineer, bui at the expense of the parry procunng such permit and the place'that is obsirucied Shall be re#urned to its former oondition urithin the time required by the engineer. At the expiration of the time fixed by such permit or upon the wmpletion of the worlc allowed to be done by such permit, the engineer shall, if he deems it advisable, have the tight to do atl wrork and things neoessary to restore such street, afley, highway, sidevra[k, ar public place to its original and proper condi#ion and 4o remove all oGstruction and the parly obtaining such permit shall be liable Eor the expense thereof; providing thai the City shall have, in addition to 2ny other rights hereunder, a cause of aCtion for all expenses and amounts paid out upon the work of rerrioving the obstruction, and restofing the street, sidewalk, hightivay, or public plate to its original condition. (Ord. A-226 §2, 9953). 11.28.030 Permit issuance--PermiY limitat(ons--Permit fee--Use of fee. The City Engineer is autfiorized and empovrered to grant permits under the conditions herein set forth to such person, firms, or corporations, as may apply iherefor to use, occupy, and obstruct a street, alley, highway. sidetiva(k, or public place, provided that in no event shall such obstruction exceed one-third of the width of any s#reet or altey. Such permit shall tse granted only upon the condition that a safe and suitable passage way is provided for pedestrians at all times around such obslruction, and shall be Eor such period of time as the Cify Engineer deems warranted, under the circumstances. ~>fore any permit as herein provided shall be issued, the applicant shall pay to the treasurer of the Cify of Pullman the amount prescnbed by the fee ~r;;hedute listed belaw, which sum Shall be used Fo defray inspection costs. (1) Business Zone. Five oents ($.05) per square foot for 4 months. Five tents ($.05) per square foot per additional 4 months or fraction thereof. min. $10.00. (2) Ftesidential Zone. Three cents (S.03) per square faot for 4 months. Two Cents ($.02) per square foot for additional4 months or fraction ihereof. min. 510.00. (Ord. A-964 §17, 1971). 11.28.040 Deposit required--Use of deposit. eefore any permit as herein provided shall be issued, the applicant shall depasit with the Ueasurer of the Clty of Pullman a sum of monsy equal to the fee prescribed in Section 11.28.030. This money so dcposited_ shell tre returned to the applicant at such time as said street, alley, highway, sidewalk, or public place has been re#urned to its approximate conditian prior to work and in the event that said applicant should fail to satisfacRorily complete the removal of the obstruction as provided in the permit, the money shall be used by the City of PuUman to remove the obstruction and to restore the street, alley, hoghway, sidewalk, or public plaoe to its approximaie condition prior to vrork, providing that should the cast to the City of Pullman for labor and maferials in oompleting the replaoement and the remaval of the obslruclion exceed the amounE so deposited, the City shall havo cause of actian against the applicant for the balance of sUCh cosL In the event that the cost Eo the City of Puflman should be t2ss than the amount of the deposit, the differenoe shall be refunded to the permittee. (Ord. A-864 §18, 1971). 11.28,050 Legal consequences oP permit appllcatlon. When any person, firm, or carporation shall make application for a permit hereunder, such person, firm, or corporation shall by making such application thereby, agreed #o keep and save harmless the City of Pullman from any and all Gaims, liabili#ies, judgments, costs, damages, and expenses arising from any act or acts which the permittee may do or suffer to be done under such permit or which may be done or suffered to be done by any of his or its agents, servants, emplflyees, or +vhich may arise from any negligence of himseff or itsolf or ~ his or its agents, contr2Ctors, suboonttaclors, or employees or any of them in obsfrucEing or in any way disturbing sUCh streef, alley, hoghway, sidewalk, or other public plaoe or by reason of the violation of any of the provisions of #his Chapter. (QM. A-226 §5, 1953). • 11,28.070 Violations--Penalty. Any person, firm, or oorporation violaUng any o{ the provisions of this Chapter shall be deemed to have committed a civil in(raGtion and shsll be fined in an amount not to exceed five hundred dollars for each vlolation. Each day in which a violation shall continu2 shall be /"t'eemed a separa6e offense, In lieu of a court appearance, any person or entity charged with having commitEed a civil infraction may forfeit to the city the um of fifiy dollars for esch such voo6adon, (ard, 99-39 §2, 1999; Ord. 81-68 §1(part), 1981; Ord. A-226 §B, 1953). I ht[p://~%rx),,%A,.pullman-wa.gov/Drativ0ncPagc.aspx?PaaeID-43 1l2f2008 #Removal%20of~'/o20snow=%20ice,%20debris,%20dirt,%20or%20rock%20on%20public%20sidewalks. Page 4 of 9 Chapter 11.30 Moving Buildings • , Seclions: 11.30.010 Permit.required- -Fees. . 11.30.020 Appro_v_a-I af route_ • . 51.30.030 Hours when_peLmitted. 11.30.040 Flagmen_and. red_li.g~ts.. 11.30.050 _Liabilityinsurance, 11_30.060 Liability Fordamage. - 11_30.070 Pdotice to utiliCy_'and tra.nsROrtakion companies. ' 11_30.080 Violations--P_enalty_ 11_30.010 Permit required--Fees. No person, finn, or corpora6on shall move or place a building or sUucture or any part theteof, in a street vrithout first pracuring a permit therefor from the City Engineer, and paying to the treasurer oi the Ciry of Pultman a permii fee as per the following basis: 8' to 10' in width ...................$1.00 10' to 12' in wid€h . . . . . . . . . . . . . . . . : . . $ 2.00 12' to 1 A' in widih . . . . . . . . . . . . . . . . . . . $ 3.00 14' to 16' in width . . . . . . . . . . . . . . . . . . . $5.00 16' to 18' in wid#h . . . . . . . . . . . . . . . . . . . S 8.00 25' or more in widih . . . . . . . . . . . . . . . . . $15,00 (Ord.A-411 §1, 1960). 1 S.3Qd20 Approval of route. The routo proposed to be fallowed in moving a house or structure must flrst meet with the approval of the City Engineer, and a buikding or structure shall not be moved over or along any street that is not approved by the City Engineer. (Ord. A-411 §2, 1960), 11,30.030 Hours when permitted. No building or sUucture having a+vidth gresier than fiftQen feet shall be moved over or along a street between the hours of 12:01 a.m. and 6 a.m. (Ord. A-411 §3, 1960). 11.30,040 Flagmen and red lights. A flagman shall fallow and anather flagman shall pretede the moving Rrocession along the street for the purpose of waming otfiers using the street of the existence of the buiEding or structure, and all prottuding timbers and obstructiflns that may come in contact with anoffier user of the street shall be illuminated by a red lighf that shall function at all times while the house or structure is in the skeat_ (Ord. A-411 §4, 1966). 11,30.050 Liability insurance. The applicant shall file with the City Clerk of the City of Pullman a certificate of insurance or a copy of the insurance policy showing that the applicant has in full forco and effect lisbility insurenoe for damage or injury arising out of BpplicanYs operation in sucah reasonable arnounE as the City Engineer shall determine. There shall also aGGOmpany the certificate or copy of the insurance policy a covonanl on the part of the insurer that the insurance coverage will not be csncrelled or lapsed for a penod of thirty days follov+ing writien notice given by the insurer to the City Cler4c. (Orci. 99-39 §3, 1399; Ord. A-570, 1965; Ord. A-411 §5, 1960). 11.30.060 Liability for damage. The permittee shall be liable for any damages done to any s9reet, sidewalk, or public place while moving a buildirvg or structure over or along a street or sidevralk. (Ord. A-411 §6, 1960). i 1_30.070 Notice to utllity and trdnsportation companles. The petrnittee shall in advance of moving a building or structure notilly e2ch utility or public transportation company of any of ifs property that may be encountered in the moving operation_ (Ord. A-411 §7, 1960). 11.30_080 Violations--Penalty. Any person, firm, or corporation violating any of the provisions o{ this Chapter shall be deemed to have committed a civil infiraction and shall be ftned in any amount not to exceed five hundred dallars for each violaEion. Esch day in which a violation shall continued shall be deemed a separate offense. In lieu of a court appearance, any person or entity cha(ged urith having committed a civil infraction may forfeit to the city the sum of fifty dollars for each such violation. (Ord. 99-39 §4, 1999; Ord. 81-68 §1(paR), 1981; Ord. A-411 §8, 1960). Chapter 11.32 , . Public Meetings on Streets i' httll://W',v'Vv.pullnz~n-wa.govlDrawOnePage.aspx?PageID=43 1I2/200$ #Removal%20oPM 0snow,%20ice,%20debr1 s,%20dirt,%20or%20rock%20on°/o20public%20sidewalks. Pagc 5 of 9 I Settions: ~G.32.010 Unlawful [o obSCruCt tuffS, ~..32.030 Application for IJ.c~nse to use street, side~valks,_allQy„ or public places., 11,32.040 Penrit.to.allow use of sidewalk,.stteet, allgy,, or public plate,_or_paroon th_ereof. 11.32.050 Violations--Penalry. 11.32.060 SeverabiliY.y_. 11.32A50 Unlawful to obstruct traffic. It is unlawful for any person or persons fo hold any pubtic meeting or public ev2nt upon any streei, alley, or sidewalk in the City except as provided herein. (Ord. 81-66 §1, 1961; Ord. 664 §1, 1940). 11.32.030 Application for Ilcense to use street, sidewalks, alleys, or public places. Whenever any person, corporation, company, partnership, firm, or association of any naiure wishes to use a por#ion of a s#reet, sidewalk, alley, or a portion thereof for a public meeting or event, such person or a representative of such corporaEion, oompany, partnership, association, or firm shall apply at least iwa working days before suth planned use in vrriting to the Director of Rublic Safety for permission for such use. 7he application shall contain the following: (1) 'Name of person or arganization applying for the use; (2)- I.ocation of sidewalk, alley, street, or portion thereof which the person or organization desires to use; (3) 7ype of use and purpose. (Ord. 61-66 §3, 9961; Ord. 664 §3, 1940), 11.32.040 Permit to allow use of sideavalk, street, alley, or public place, or portlon thereof. The director may grant the peRnit for use of the s#reet, sidewalk, 211ey, or portion thereofi ifi he finds that such granting of pertnission will not unduly obstruct either automabile or pedestrian iraffic or endanger the safety of the public. Such pErmit will contain: (1) the name of the persons or organ¢atians authortzed to use the street, alley, sidewalk, or portion ihereof; (2) the sEreef, alley, sidewalk, or portion thereof to be used; the dete and time of use; and (4) any conditions of use reasonably 21ated to Vaffic control and public safety. (Ord. 81-66 §4, 1981; Ord. 664 §4, 1940). • 11.32.050 Violations--Penalty. Any person, lirm, or cotporation violating any of the provisions oi this Chapter shall be deemed to have cammitted a dvil infraciton and shall be fined in an amount not io exceed five hundred dol6ars for each violation. Each day in whiCh a violation shall continue shall be deemed a separa#e offense. In lieu of a caurt appearance, any person or entity charged with having committed a avil infraction may forfeit to the dty the sum of fifty dollars for each sucii violation. (OM. 99-39 §5, 1999; ord. 61-68 §1(part), 1981; Ord. 664 §5, 1940). 11.32.060 SeverabiliCy. The provisions of Ihis Chapter are severable. If any Sedion, subs,ection, senieno2, clause, or phrase of this Chapter or its application ro any person ot circumstance is for any reason heEd to be invalid or unconsti#utionel, the remairoder of thu Chapier shall not as a result of said section, subsection, sentence, dause, or phrase be held unoonstitulional or invalid. (Ord. 81-66 §5, 1981). Chapter 11.36 • Sidewalk Repair Sections: ' 11.36.015 Waiver of certain iees. 11.36.015 Waiver of ccrtain fees. 4Vhenever the avrner or awners of any proper#y abutfing on a sidewalk causes or desires to cause to be maintained, repaired, or renewed the sidewalk abutting that property, and in so doing there is a necessity fo either cut, excavate, take up, break, tunnel, undermine, or disturb the exis6ng sidewalk, or to do any combination of these acfs to the existing_sidewalk, then and in that event the permit fees, excepf the fee desognated to defray inspection costs, required by Pullm2n City Code Section 11.20.040 and permit deposits required by Pullman City Code Section 11.20.045 shall be waived by the Director of Public Woi4cs, if the Director of Public Works is satisfied fhat the maintaining, repairing, or renewing performed or desired to be performed on the existing sidewalk will not cut, excavate, take up, break, tunnel, undermine, or disturb any street, atley, 4ogfiway, or other public place in the City of Pullman. (Ord. 81-23 §1, 1981). ) i ~Chapter 11.42 . http://NvNv-%v.puliman-wa.gov/DrawOnePage.aspx?PagelD=4-' ) ] /2/2008 #Rcmoval%20of"/o20snow,°1o20ice,%24debris,%20ciirt,%20or%20rock%20on%,20public%20sidewalks. Page 6 of 9 Sidewalk Cleaning Secfions: , • 11.42.090 Responsibility_of oyrner. • 11.42.020 Remoyal of_snw._v, i~e, debris, dirt, ar_rock on, public sidewalks_ 11.42.039 When to ~,,s~ ashes,_sand, sawdust. . 11.42.050 Penalkies. 1,42.010 Respons1b111ty 4P uwneG. The duty, burden, and e~ense of maintaining and keeping clean and free of debris, accumulation of dirt or rocac oi''srid'war_ Ic, or any combination thereaf, of a sidewalk along an adjoining property is the responsibilify of the owner of the property directly abutting upon or adjacent lo that portion of the sidewalk ior its entire length along the owners property and for the entire width thereof. (Ord. A-758 §1, 1968). ~1.A2.020 R~moval of sn ~~,_ice,_debris,_di~k,_Qr rock on publtc 1d~.4Y.s21k3: It is unlawful to permit eny accumulation of snow, ice, debris, dirt, or rock an pub~ic s~dewal-~_ Snow or ice must be removed vi~hin eight hours of daylight aYer such snov~ or ice has fallen ar accumulated thereon. (Ord. 99-39 §6, 1999; Ord. 79-82 §2, 1979). . 11.42.030 When to use ashes, sand, sawdust. If snow and ice on the sidewalk is (rozen so hard that it cannot be removed without injury to the pavement, the avmer of abutting property, vrithin the bme specified in Section 11.42.020, shall strew saod area with ashes, sand, sawdust, or some other suitable material and shall as soon thereaRer as the vreather perrnits thoroughty clean such area. Any ovmer shall not be deemed to be in violation of Section 11.42.620 when sand, ashes, sawciust, or other material is sUevm on sidewalks to comply with this section. (Ord. 79-82 §3, 1979). 11.42.050 Penalties. An ovrner who fails, neglects, or refuses io remave snow; ice, debris, dirt, or rock, ar to strevr sidewalks with ashes or other substances as direcied in this Chapter, or rvho violates eny provisions of /his Chapler shall be deemed .o have committed a civil infraction and shall be fined in an amounF not to exceed Sva hundred dollars for each violafion. Each day in whicfi a violation shall oonUnue shall be deemed a separafe affiense. In lieu of a court appearance, eny person or eniity charged with having committed a civil infrac6on mey for(eit to the city the sum of fi3iy dollars fior each such violation. (Orci. 99-39 §7, 1999; Ord. 81-68 §17, 1981; Ord. 79-82 §4, 1979). Chapter 11.48 - Trees and Shrubs , Sections: , • • 11.48.010 1rgjes_pE4hibit!ed on right-of-way_ 11.48.030 Vloli~tl,ans_Penolty_: 11.4$.01 a Trees prohibited on right-of-way. No tree, bush, or shrub shall be planted or transplanted wiihin the right-af-way of any street within the City, excepi with the approval of the Director of Pubtic Services. Such approval may be granted after ascertaining thai the rype of ptanUng and its bocation will not ihen or in the foresseable future obstruct safe vision of veheGe drivers or pedestrians, nor adversely aNect the safe passage of either, or - interfero with any sidewsl.<, driveway, or utility. The approval of the pirector of Public Services will not relieve a person r2sponsible for comptying with the requirements set forth in Chapter 11.50 (pertaining to sidewalk and pedestrian clearance areas) and 17.35.020(3) (pertaining to vision clearance areas at intersections) from such compliance. (Orci. 87-41 §1, 1967; Ord. 8-105 §2, 1973). 11.48.030 Violdtlons--Penalty. Any person, firm, or corporation violaSng any of the provisions of this Chapter shall bo deemed to have commiNed a civil infrac6on and shall be fined in an amount not to exceed five hundred dollars for each violation. Each day in tivhich a violation shall conUnue shall be deemed a separate otfense. In lieu af a court appearanoe, any person or enfity charged with having oommitied a civil infrac6on may forfeif to the city the sum of fifty dollars for each such violation. (Ord. 89-39 §8, 1999; Ord. 81-68 §1(part), 1981; Ord. A-410 §4, 1960). Chaptor 11.50 ' Sidewalk Clearance Areas and Pedestrian Clearance Areas Sectians: - 11.50.010 Definitions. ' 11.50.020 .Oytner's_duty av_jthlefeLenc~e_tQc; I earance areas. 11.50.030 Remoyal_and notlce.. 11_50_040 Hearings on contested cases of liablllty_ 11_50.050 Entry upon properfy_ ~ 11.50.060 Fees for p-erfqrmdnc!~ o-f-gnforcement. f http://1A'%NJ.Pu ; nr?l~ ►'va.gov/DrawQnePage.aspx?PageID=43 1/2/2008 4 Remova1%20at%20sno",,%20ice,%20debris,%20ciirt,%20or%20rock°/620on%20public%20sidewall:s. Page 7 of 9 I 11.50.070 Genera) duty,. '3.50.075 PQnalty_. ~D.50.080 5_Qverability_ 11.50.010 DefinitionS. Far the purposes of this Chapter, thd following words and phrases shall have the following meanings unless a diffetent meaning is plainly required by their oontext. (1) "Agent° means any person acting for the owner of, ar in charge o{ real property abutting a public street right-of-way upan vrhich is located a sidewalk clearance area or a pedestrian clearance area. (2) "New Constructian" means all construction of new buildings for vrhich fhe City issues building permits after January 1, 1988, bui does not indude remodeling of buildings after Januery 1, 1988, if the square footage as measured at the perimeter of a building is not increased by such remodeling. (3) "Owner" means the person in actual control of real property abutting a public street right-of-way upon which is located a sidewalk dearanca ar2a or a pedesUian clearance area, when such oontrof is based on legal or equilable title enfitling the owner lo possessoon of ihe real proper4y abutting a pub6c stteel right-of-way upon which is located a sidewalk dearance area or a pedestrian clearanoe area. (4) "Pedestrian Clearsnce Area" means an area within a public streel right-0f-way which does nat have a sidelvaCC dearance area. The pedestrian dearance area is desuibed as that area which is ooniiguous and parallel to the sfreet sPde of a ctiirb or tho edge of tne paved surface o( a sEreet which exfends at a roght angl2 thereirom avray fram the center of the street for a dislance of five fEet or to thQ edge of the street right-af-vray vrhochever is less and is bounded: (a) on thQ streef side oi a curb ar the edge of fhe paved surfacz by a line extending vertically upward seven feet abov2 the curb or !he edqe of the paved surface of a streei; (b) thence an !he top by a line which is seven Feet verlically above grade at all points and which begins at the terminus of the line desctibed in (a) and extends perpendicularly away from ihe certt8rline of the sEreet a horizontal distance of five fe2t or !o tho edge of the street right•of-rvay whichever is less, (c) thence on the side fsrthest from UZe center of the street by a fine extending tierticalPy dowmwrerd from the end of ihe line desaribed in (b) to lhe ground surface below; (d) thenc2 on Ihe botiam by a line exterlding irom #he end of the line described in (c) along the natural or graded surfaCe of the ground tovrard the oenier o( the sireet and tho beginning of the line doscribed in (a). (5) "Person" means any individual, partnership, corporation, firm, the stato or any depaftment, agency, or subdivision thereof, or any other entify. (6) "Property bouncfary" means the line of legal avmership exterior to any encEosed structure at ground surface, tJhich separates the real property ^^Nned, rented, or ~ased by one or more person.s from that owned, rented, or leased by one or more other persons, and its vertical ex#ension. The ~~operty bound8ry of multi-family units including, but noi limited to, duplexes, Friplexes, apaRment houses, and condominiums shall include the walls, ~.;ilings, and floors of each unit. (7) "Sidewalk Clearance Area" means an area seven feet in heighE above 4he sur(ace of a paved sidewalk locat2d in a pubfic street right-of-way which area is bounded on each of the fwo vertical sides by vertical tines exiendRd uptivard from the surface of #he sidewalk at ils innermost and outermest edge from the center of a paved street for a distance oi seven ieet. (Ord. 87-39 §1, 1987), 11.50.026 Owner's duty wlth reference to clearance areas. It shall be the duty of every owner, and every avmer shall perform or cause Eo be performed such atls as may be neaessary fo remove or destroy: , (1) all trees, plants, shrubs, ar vegetation, or parts thereof, whether growing or dead, vihich overhang when nof ladden witJi snov+ ar ice into a sidewalk ctearance area or in thQ cass of new constructifln a psdestrian clearanoe area. Provided, however, that trees and their replacements planted in sidewalk clearance areas located in Local Improvement Oistrict No. 183 need not be romoved or destroyed, but the limbs and leaves thereof shall not grove into a sidev+alk clearance area. - (2) all vegotation whether growing or dead on the suriace of a sidewalk dearanoe ar2a tivhich is growing or has grown and aocumulaied thereon in sueh a manner as to obstrucA iho free and full use of tfie sidewalk clearanoe area ar iho pedestrian clearance area by the public. (3) on property on which there is new oonsUuciion all v2getaGon'whethQr growirvg or dead on the surface ot a pedestrian clearance area which is growing or has grown and accumulated thereAn in such a manner as to obstruct ihs free and full use of the pedestrian clearance area by the public. La'vrn grasses growing on the surface of a pedestrian clearance area-need not be removed or desiroyed unless they are growing or aocumulating thereon in such a manner as to obs4ruc# the fres and full use of the pedestrian doarance area by ihe publoc. Provided, however, that the provisions of subsec6ons (1), (2), and (3) of ihis Section are supplemendal and additional to any requiremenis- set forth in 11.4$.010 (pertaining io the planting or transplanting of any tree, bush, or shrub within the roght-of-way of any pubtic street), and 17.35.020(3) (pertaining . #o vision dearance areas at intersections). (4) The duty set fofth in subsettions (1), (2), and (3) of this Section is not intended to be a duty imposed by this SecUon 11.50.020 which would have the effect oE regulating fences, u6lity poles, postal drop boxes, fire hydrants, traffic (egulatory and other signs, and other structures in a sideaval< clearante r~rea or a pedestrian clearance area afthough they may be regulated by other provisions of lavr applicable thereto. (Ord. 87-39 §2, 1987). ~ 15.50.030 Removal and notlce. If it appears lo the Director of Public Services or his or her designated representaWe that any oE the provisions of http:/l\N,w~u.pullmaa-wa.gov/iara\v(.7nel'age.aspx?FageID=43 - 1/2/2008 #Remov.l%20oP/o20snow,%20ice,%20debris,f%20dirt,%20oi-0/o20roek%20on%20public%20sidewalks. Page 8 of 9 11.50.020 are being violated, the Director of Public Services or his or her dssignated representative shall serve written notice either personally or by certified mail-retum receipt requested upon the owner, or if the otvner cannot be Iocated, the ageni having the care or oonirol of the premises upon which the viofation exisis, which noUCe shall state: i (1) the description of the property on which the alleged viala6on has aca,rred; and, (2) the speafic nature of Ehat violation; and, (3) the sec6on or sections of this Chapfer alleged #o be violated; and, - (4) the date by which the violafing oondition is #o be aaated, which date shall nol be tess than seven days after reoeipt of such notice by the alleged offender; and, (5) khat if removal or destruction of the violating condition is not made by the owner or agent thereof within the time Ifmit set forlh as ,provided for in subsection (4) of Ehis section, that then the DirecEor oi Public Services will bring this matter befare the City Council, the daRe thereof to be specifced in the notice, and requesE of the City Council the passage of a resolution authorizing the Direclor of Public Services to cause the removal or destruction of the violation; and, (6) tfiat should the Director of PubliC Services cause the removal ar destruction of ifie viol3ting condition, the cost thereofi incurred by the Ciiy shall become a charge against the oyrner of the property and a lien against the property as provWed for in R,C.W. 35.21.310 as that section now exisis or may hereafter be amended. (Orif. 98-31 §1, 1998; Ord. 87-39 §3, 1987). 11.50.040 Hearings on contestcd cascs of liability. Any owner who wishes to dispute the cost of oontrol of trees, plants, 2shrubs, or vegetation in a clearance area which has been carried out pursuant to the provisions of #his Chapter may reyuest a hearing before the Direcfor of Public Services. The owner or agent thereof shaU file, with the Director of Public Services, a nequest in vrriting !or a hearing within twenty days after the Gity has meiled the demsnd for payment to the owner. The hearing shall be conducted wifhin thirty dsys afier receipt of said reguest for hearing. The hearing shall be conductad inEormally and the formal rules of evidence shall not apply. The Director of Public Services shall listen to tivhatever witnesses the otivnar might wish to call and the Director of Pubfc SeNioes shall, at the conclusion of the hearing, determine whether or not the costs assessed were proper. Such determination shall be finat unless that determination is appealed to a Court of oompetent jurisdiction within ten calendar days of the rendition thereof. (Ord. 87-39 §4, 1987). 11.50.050 Entry upon property. The Direcxor of Public Services, or the designee(s) thereol, in the performance of his or her duEies under this C;= , may go upon any publec right-of-way within the City at any reasonable time flor any reason necessary to effectuate the purpose of this Chap.er, inc:, J but not limited to, general inspection, and the performance of eradication or control work. (Ord. 87-39 §5, 1987). •11.50.060 Fees for performance of enforcement. The City Council shall by resolution fix the fee or fees to be cfiarged by the City to any owner in the event that the City performs any eradit,ation, destruction, or removal services pursuant to the provisions of this Chapier. (OM. 87-39 §6, 1987), 11.50.070 General duCy. None of the provisions of this Chapter are intenc4ed to create a cause of action or provide the basis far a claim against the Gity, its officials, or employees for the performanoe ot failure to perForm a duty ar obligation running to a spocific individual or specific individuals. A,rsy 6uty or obligation ueated herein is Intendod to bs a general duty ar otrligation running in favor of the general public. (Ord. 87-39 §7, 1988). 11.50.075 Penalty. Any owner who fails ar refuses io perform such acts as may be neoassary pursuant to this Chapter shall be deemed to have _ oommittsd a civil infracUon and shall bo fined in an amouni not fo exceed five hundred doflars for eact► voolateon; Each day in which a violation shall oontinue shall be deemed a separate offense. In lieu of a court appearance, any person or entity charged with having committsd a civil infraction may forfeit to the city the sum of fiRy dollars for each such violation. (Ord. 99-39 §9, 1999). 11_50.080 Severability. The provisions of this Chapter are declered to be severable. If any section, subsec,tion, sentence, clause, or phrase of this Chapfer or its application to any person or circumstanoe is for any reason held to be invalid or unconstitutionel, the remainder of the Chapter, shall not as a resull of said seGtion, subsection, sentenco, clauso, or phrase be held unconstitutional or invalid. (Ord. 87-39 §8, 1988). Chapter 11.52 Vacatlon of Streets' SecBons: 11.52.010 Initlatlon,procedure. 11.52.020 Fixing hearing date_ . 1 t_52.030 Notice of hearing._ 11_52.040 Utili_tyeasement_ ~ 11 .52.059 QwneFShi,p 0 f yacakQd Rroperty,_ http://www.pullman-wa.gov/DrawOncPage.aspY?PageID=43 112/2008 ~rRCfllo\i:P u1OUI1i'u~~~C111!\ti',~~c~~~1CC.~~r,~)ijC'flfll.~~'n~~)llift.~u,~~~ll'~.`u,l~C1)C~.`~i~,Oi)Il~~o~l)~1U}?j!~u~,l_~51~~1.'1ti'if~~~. t t5f i)i;.-p Cempensaung uty PaNcular vacatlon-Sea TAELE S ~ 11 52 010 Inltfatlon proCedUre. Tne aw-icr ar cwYners ot any nterast !n any raai astate aGurtmg U{'i0'1 SV@2t Dt al,ey who rnay destre co vacata the sUeei or altsy, or any pert thetaof, may petiiion the City Counul ior a vacatioro giv:ng a dQSCnpGCn o1 the sheet or alky, or ary pari thoreo[, b ha I vacated or fia City Counal may by itsaff Iniiiata by ruaolus,on such v9ce+ion prn{,edurLq (OM A&34 §2 1967) I 11 52 020 Fixing hearmg date. The pEt:ticn or msufu!ivn shall bc fileid with the C,ty ClerSc. and, ii the pemiun is sianed by the owr!ers oi mora thar, hvo-thirds of the proper;y obuttiD3 upon the pan of the slreet or a?tay souoht :o oe vacated, the C-ty Council by resolut:on sh811 fix a hme wtien the petibon v►ntl Ce heard which time s??all not be more Lh3n sucty days nor less than !wenty days fram the da'e cf Ihe Ga55age vt such resoluuon (Ord A 644 §3 1967) ~ 11 52 030 NoUcc oi hcaring. Upon the passago of tho resolution by tno Gty CauriUl, t,xing the date of hesring, the Gty Cierk shalt give twan;y dayF' I notrce of the pendency of the peLt,on by wniten notice m lhrea at the most public platea in the Cdy ot Pultman and a lika notice in a conepicuous ptace on that part of the street or aUey sought to be vacafed The notlce shall oonWin a staiement that a patitinn ts on file ta vacatin the street or aiby, ot a part ftreo(, as described in the noUie, logether vnth a statement of the time and place fixed fcK tlra heanng on the petiUOn. The heariny shall be a pubiic heanng before the Cily CQUncil at which any irtterest8d person may appear tor or eyainsi the proposed vacahon. In all cases where the prooeedmg is initiated by resoluUon of tfie C+ty Coundl. and there is no peUtian, nopce o( the haanng shaD be given aa atoresaid, and 'm adddion tt►emta notice shaU t-e i gfven by mail at Ieaat frReen daya before the date fixed Sor the hearing to the owners or reputed oMmers of ell bls, trads. or parcels of lar►d or other property obutUng upon arry sheet or alley, or any part theraot, that is sought to ba vacated, as shown on the rolls oi the oounty treasurer, dirocted b uie addrassee tfiereon shown, provlded. that 4 the owner or owners of fifty pcrrsi►t of the front foolage at property ebutting upon that part of a street or aiiey propvsed ta be vacatad shail Gte written obJection to the propoded vacation w~h the City Cierk. pnor to the date ot hearmg. the City Council shat1 tte prohlb+ted trpm proceedlrtp wdh the resolutron (prd A-894 §d: Auqus! 1, t 9:) 7} 11.52 040 Utlltty easemen[. The Cdy Council may vacata a sireet or a!~-_y, or part therecf, if I de?eimines trie vacalian is for ;he best interest of tnc , pubqr. provlded that the ordinance o( vacstion mey provkk that the City retam an easement or the right to exerc,be and grant ease=nenis m rnspact to the veasEed street or affey, or pert thereof. for the canstruction, repalr, and maintenance of pubHc uGlities and serv9oes. (Ord A-694 §6: Augus! 1, 1967) ~ 1 t 52.050 Ownership af vacated property. lf a street or atley, ur any part thprpof rs vacated by the Gty Coundl, and the Weat or atley, of any pa-t !neroof, wss not owned in fee title by the City oi Putlman, then the property so vacated shall be;ang to ;hs ahutting p'operty owners, orp-half !o each )rd A-684 §6: August 1, 1967). 11 52.060 Cnmpensating ctty. Na s!*eet or alley, or any pan, shall be vacated, and no varation shail become e'iecUve, until the ownera or otivrar 1;1 the fee tsUa to the praperty sbumng upon the slreat ar afley. or eny part eher»af, soughi to De vacated, shall (1) compensata the crty m an amount ttsat daes not exceed one-hal( the appraised vatue o} the area so vaca'ed. axcept in the event the subjeU pr,:FMrty or portions theraof wcre acquired el public expense, or the property has besn pert ot e dedica?-J nyN ei v;aY for rwenty-fiva ;27511 0• mora ytMrs compensaaon may be requirnd m an amot,nt equal to the tull appraised wlus af the vacation; and (2) upon apppcabon tor a vacalion or parbal vecation pey s non•refundnbla cancn fee as estabbsned tResol::hcn of ihe Ci?y Counr..o nd, (3) Pey IIII CASlS (Of p(OQBRy survzy, :md arg,neennq anrv),-_es ~erir,rnh7 !'y ('etsi;,i5 ar ~rf h;:, ntnr-r 't~:~r the - ty n~:wir-,,,-•,ori with ;ne pe! h,^n 'cr vacation or partial vacadon; and, il (4) PaY all fding and recordEng f_e> ~ncurcJ in ;.ccr;ccGun w tn :rc ~•='.?i~r, `c•r .;acar-;n c;r c~ar• ai :acat on ,U-:; 01 1' ?j1, ;)fd. Ord 93-7§1 1993. Ord A-694 Au;ti:t 1, ! gri ) 1'2'2 ulIR c_'itv uf tipohanc -Mumicipal c'ode Pagr 1 of I =i r~s, at My ACLuu11E I l oyin I Ht~'p Ir~' Spokane sp~{~:~rtoci!~ ot9 ~I NomP GovernmeM $Cr1IICL•5 Departments 7Ob5 Llnks ~ ~'tf~: r'~ • ~r.~jrJjr.• . ~~JCl~:L.. municipal code Wednesday, lanuary 2nd - 11:06 AM Advanced Fmd Heip - 24°F Iiome Title 12 Chaptr-r 12.02 Section 12.02.010 City Chatttr Documents & Forms i so„ ~r,o.. ~-~,~n~pr rr•o-~ J ~c ~ Cfty Servkes ` - - - • - Ttle 12 Pubik Ways end Property llma_et 12.02 ObSkluCtiCYI, En[ r oa[h tn erK of PuGI , C VJe'6 ~~w'AIa4MM ~Arollll►, tlobl~dtiitlt•r Owners and occupa As oi paermses sha1 k.eep the sidevaalk e►eas adjacent to any portim of dv raal DroPertY (irclu6n9 corners) Free and dea of snuv+ andja aaumuleborts of snaw a k e. Date Passed: Mmcfay, Lly b, 1987 eff«nve Qace: wedriesdar, Auwst 1987 ~.ross Refeuanca 4jater Satlon l 16. (Ad.C•28799) - - - - 0 Emall th►s page (GlsablEd for [his page) Oid you find thks page userw ~'•:o L Horne I Govemment I services 1 DepanmenA5 IJobs IUnics 1 ~ r•i~ , t,, 'l) I~~~,c<~ w-,vw.spokaneclry.org Is the oRiaal wetnlte of the Gry of Spokane, 808 W. Spolwne Net--d furthcr assislance? Please wll the City Itelp desk at (509) 755-QTY or vis;t thz ( i-), Uu of thts wehsite cansittiite. your acceptance o( the webslte disclaimer and term, k,l --r.-.kir pr,,✓acy I~ 3nt uti, fr,t „o'.~ nfr,r-n~:tlc:•n cur rrt'oary pc.LLy jlltp:'! -•nu~~removLtl Cl,::pter 12.12 DUntIIivct SNcAV Iti tiTR1=:E P~ ragt I or 1 (6 hits) Chapter 12.12 DUMPING SNOW IN STREETS Sections: 12.12_010 Prohibited - Exception. 12.12.020 Volation - Penalty. 12.12.010 Prohibited - Exception. It is unlawful for any person, by any means, to scrape, plow, pile, dump, push or deposit snow on, into or upon any street, highway, al{ey or around or upon an fire _ hydrant or traffic sign in the city; provided, however, this chepter shall rtot ~~if~lhe nemoval vf ~ ftm PWft sidewaNcs irito the streeis or prottibit tlte city, rounty ar state snow removal or sUeet maintenance operation. (Prior code § 8.30.010). 12.12.020 Violation - Penalty. Any person violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $250.00. (Prior code § 8.30.020). This paqe of tfie Colville Munlcipal Codo is current throuyh Ordlnance Code Publishing Company 1379 N5, passed May 22, 2007. Voice: {246} 527-68=1 pisdain•,er: The Clty Cleric's Oft,ce r~as the afficial version o( the Colvllle Fax: (205) 527-8411 Munlcipal Code. Users shauld wneact the City Clerk's Oft7ce fer orAlnances Email: cpc@cUdepubllshing.corti passed subsequen[ to tiie ordlnance c<ed ,3nuve. C.ity wPfJql[_°. IItCCi:ijWWWj:6W*.NI~.u5/ ~IrSr<„,Jr ' U+1 ('r)r~,ri ctduc&lloc1S=96& Indcx-I)`Y-3... I 21,I)01S http:l/%% %4x%.cadepublishing.ct,m,'dttiearch;'.stisipit,.dl!''cmd=v Chnptcr 9.16 RI_fI3DISI-{ Clti S'IItT=L'TS ANU SIllL• \V:%_L KS i'age 1 of (1 hits) Chapter 9.16 RUBBISH ON STREETS AND SIDEWALKS Sections: 9.16.010 Depositing sharp objects in public ways unlawful. 9.16.020 Sweeping rubbish or dirt onto public way unlawful. 9.16.030 Scariering advertising matter on public ways unlawful 9.16.010 Depositing sharp objects in public ways unlawful. A. No person shall throw or deposit in any street, sidewalk ar alley of the ciry any broken glass, bottles, crockery, nails, stones, bricks, mortar, earth, gravel, wood, shavings, ofFal, garbage, rubbish, paper or any other material or substance whatsoever, whereby the feet of horses, pedestrians or any beast of burden may be injured, or said street, sidewalk or alley injured, obstructed or made unctean. B. All persons engaged, either as owner or employee, in drawing or transporting any of the aforesaid articles or substances through or upon any of the streets or alleys in the city shall convey and carry the same in tight wagons, carts or boxes so constructed that such articles and substances cannot fall out or be scattered upon the streets or alleys; provided, however, that in such case any such article or substance, for any reason, falls or is scattered upon any street or alley, the same shall be removed by the person at such time in charge of the vehicle from which such article or substance fell or was scattered. (Prior code § 9.38.010) 9.16.020 Sweeping rubbish or dirt onto public way unlawful. No merchant, storekeeper or person shall atlow any shavings, papers, refuse, dirt or any substance whatsoever to be swept into or deposited upon any sidewalk, street, alley or land in the city from premises owned or occupied by him or under his contral; provided, nothing in this ssction Shatl be construed to prevent the sweeping' of snow or dirt resuWing firom travel irom the sidewalks into the streets. (Prior code § 9 38.020) 9.16.030 Scattering advertising matter on public ways unlawiul. No person shall scatter or indiscriminately throw around upon the streets, sidewalks or alleys of the city any circular, dodger, handbill, advertisement or other paper, or any waste or refuse matter. (Prior code § 9.38.040). This page of the Colville Municipal Code Is current through Ordinance Code Publishing Compan'! 1379 NS, passed May 22, 2007. Valce: (206) 527-683! Disclaimer; Thc Clty Cierk's Dtfice has the aff;rial ver_ion u! ,he Cntvlllr? Fax: (206) 527-9411 e•tunicipal Code. Users shoutd contact the UtY Urr:.'s O`f:ce fcr urL;,~.:nce~~ t~in;~~l• ~p~(~:codep~,v! =hing.com passed subsequent to the ordinance cited above Cily W4b5i►.e: r,ttp://ww,1V"#.w3 us/ (II)ti 1'?'2 ~~n~~rtt~ 9 1~ RI FiRltil lO'~ S f fZL•L IS ~~Nr> >ir~r=~~~:~~.h` r>ave 2) or2 Jr_1r,:r;•h ' (0! ~ ~r+rf,q, tittp:-'/\vwNv.codepublishinfi.com;'dtSearc li;'c9tisapih.dll"cmd --getclnr&Dor(el=7f,& lrid cs=D" c'hsptcr I70 c'1 iRKti .1`Il CIDI=AV:11 f:'~ 1 < - Chapter 12.20 CURBS AND SIDEWALKS Seciinns: 12.20.010 Definitions. 12,20 020 Curbs and sidewalks required. 12.20.030 Limitations of abutting property owner - Charges to property 12.20.040 Paving. 12.20.050 Storm drainage 12.20.060 Location. 12.20.070 Exception or delay 12.20.080 Appeal of decision 12.20.090 Failure to install required curbs andj'or sidzvvalKs 12.20.100 Damage of existing sidewalks 1220110 Repair of existing sidewalks. 12.20 120 Limitations of abutting property owntr - Charges tn owner 12.20.130 Permit. 12_20.140 Approved grade. 12.20.150 Standards for construrtion 12.20.160 Sidewalk widths. 12.20 170 Inspections. 12.20.180 Reconstruction of sidewalks/curbing violating this chapter 12.20.190 Maintenance of existing sidewalks. 12 20200 Liability for sidewalk injuries. 12.20.010 Definitions. For the purposes of this chapter, atl property having a frontage on the side of ally street shall be deemed abutting property. This chapter shall be applicable to all curbs, gutters, sidewalks, storm drainage, and paving within public rights-of-way aild public ingress and egress easements (Ord. 1298 NS § 1, 2003). 12.20.020 Curbs and sidewalks required. Property owners except for single-family residences shall be reqwreci to construct, replace, or repair curbs and/or sidewalks and pave, as required in CMC 12.20.040, at the owner's expense whenever the following activities are initiated: A. New Construction. New construction of a principal structure or another principal structure on the property. B. Remodefing Structures. Any addition or alteraiion made within a 12-month period, which together meets or exceeds $10,000 in value. Herein, the properry owner is required to construct, replace, or repair curbs, sidewalks, storm drainage, andlor pave up to an amount where the total cost of curbs, sidewalks, storm drainage, or paving to be constructed is 20 percent or less of the remadeling c: sts C. Changes in Occupancy. When a change in the occupancy of an existing structure on a property occurs which does not require curbs, sidewalks, storm drainage, andlor paving under subsection B of this section, the property owner is required to construct. repface. or repair curbs, sidewalks, storm drainage, and/or Mtp pu~lishin~.cu~tv 1~~ 2'~'( ~c~l~'illeiC~tilv il le 12r1'ulville 12'_U.httnl 1 2 00 ti ('n;ir<<r 12.20 C[!liHti .aN1) ti1DFWAI.KS }'a?=C 2 vf ? pave up to an amount not more than $5,000. Shouid the improvements be constructed to the conditions as required in CMC 12.20.060 before the $5,000 amount is expended, then the requirement of this section is fulfilled. A change in occupancy shall be as defined in the city of Colville building code. (Ord. 129$ NS § 2 (A), 2003). 12.20.030 Limjtations of abutting property owner - Charges to property. A property owner shall not be charged with any costs of constructian or reconstruction under this chapter in excess of 50 percent of the valuation of such abutting property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. An abutting property shall not be charged with any costs of reconstruction under this chapter if the reconstruction is required to coRect deterioration of or damage to the sidewalk that is the direct result of actions by the c'rty or its agents or to correct deterioration of or damage to the sidewalk that is the direci resuft of the faiture of the city to enforce its ordinances. (Ord. 1298 NS § 2(B), 2003). 12.20.040 Paving. Concurrent with curb/sidewalk improvements, the property ownsr shall pave that part of ihe street adjacent to his property to the curblsidewafk when the abutting street is partially paved, and the margin between the existing pavement edge and the curb/sidewalk is unpaved. Specifications for paving required in this chapter shall be eight inches of compacted crushed surfacing base course on a compacted subgrade with a layer of nonwoven geotextile fabric and two inches of Class B asphalt concrete, all in accordance with Washington State Department of Transportation Standard Specifications, latest edition in effect at the time of construction. (Ord. 1298 NS § 2 (C), 2003). 12.20.050 Storm drainage. Concurrent with curb or gutter improvements, the property owner shall provide for the conveyance of streei storm water runoff from the constructed curb or gutter to the nearest existing storm drain system or naturally occurring stream or channel when the existing storm drain system or naturally occurring stream or channel is within 50 feet of the low point of the curb or gutter constructed. (Ord. 1298 NS § 2(D). 2003). 12.20.060 Location. Curbs, sidewalks, and/or paving required under this section shall be constructed on a11 sides of the property, or part thereof, abutting on public streets or highways which are associated with the function or operation of the new, remodeled, or change of occupancy of the existing structure. Sidewalks shall only be required on those streets identfied as school walk routes, arterial and collector streets, and within the C-2 district as shown on the recommended pedestrian system map of the Colville comprehensive plan. (Ord. 1343 NS § 1, 2005: Ord. 1298 NS § 2(E), 2003), 12.20.070 Exception or delay. An exception may be granted by the public works department or city designee if the public works department determines that such construction of curbs, gutters, sidewalks, storm drainage and/or paving is not feasible because the discharge of storm water runoff exceeds 50 feet (see CMC 12.20 050), insufficient right-of-way h~tp: ille I~tc~l~illo l22ll.lttnil 1 2 I)1)S c_ hapter > > 20 c'1!RBti AND SIDl=wni.K5 Fldge ; width, unique geographical or topographical constraints, or location of existing poles and utilities. In cases of insufficient right-of-way width, curbs only may be required. The public works department or city designee may request that an applicant cie!ay construction of curbs/gutters, sidewalks, and/or paving for a period not to exceed 18 months due to city public works development plans. (Ord. 1343 NS § 2, 2005; Ord 1298 NS § 2(F), 2003). 12.20.060 Appeal of decision. Appeals of the public works department's decision shall be made directiy to Colville city council. (Ord. 1343 NS § 3, 2005; Ord. 1298 NS § 2(G), 2003) 12.20.090 Failure to install required curbs andlor sidewalks. A. In the event construction of a proposed curb, sidewalk, and/or paving is tequired in this section, unless an exception is granted by CMC 12.20.070, and an owner fails to have said curb, sidewalk, andlor paving constructed within 12 months from the date of notice given by the public works department or city designee, the public works department or city designee shall submit a report to Colville city council. If upon receipt of report the city council deems construction of the proposed curb, sidewalk, andlor paving necessary, it shall by resofution order the curb, sidewalk, and/or paving constructed and shall cause a written notice to be served upon the owner of the property abutting upon that portion of the street where the curb, sidewalk, and/or paving is to be constructed to construct the curb, sidewalk, andlor paving in accordance with the resolution. B. [f the notice to construct a curb, sidewalk, and/or paving is not complied with within the time specified, the public works department shall direct the construction of said curb, sidewalk, and/or paving and shall report to the city council at its next regular meeting or as soon thereafter as practical with an assessment roU showing each parcel of land abutting upon the curb, sidewalk, and/or paving, the name(s) of the owner, and apportion the cost of said improvement to be assessed against each parcel of such land. C. The city council shall set a date for heanng any protests against the proposed assessment roll using its established public hearing notice process. Ai or following the hearing, the council by ordinance shall assess the cost of constructing the curb, sidewalk, and/or paving against the abutting property. The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of said assessment_ (Ord. 1343 NS § 4, 2005: Ord 1298 NS § 2(H). 2003). 12.20AOA MWumga of - "'ng aidwmtks. Whenever any person or persons within the city tears up, breaks, or removes a sidewalk, gutter, curb, or part thereof, excepi for the purpose of repairing or replacing the same, they shall replace or repair that part of the sidewalk. gutter, or curb as provided in CMC 12.20 110, (Ord 1298 NS § 3(A), 2003) 12.20.110 Repair of existing sidwalks. A. V'Jhenever any strect has been improved by the ronstruction of a sidetivalk. tt,e duty, burden and expense of the repair and renewal of such sidewalk shall devolve upon the property directly abutting upon that side of such street along which sucii sidewalk has been constructed ille 12 CoN illel?2l).htntl 1r_'2t111}; Claaptcr 12,2I1 AN1) S~l DFWALKti f''ti P-e 4 tit 7 B. Wlroenewer. in the judgment of the city councik or the pub1ic works departrnerat or caty cf€;signee, any public sidewalk has a defect or is an a defective condition, whic-h rr3akes or tends to make pedestrian travea either dangerous ar impractir-alr the city council or public works departrnent or city designee shall thereupon serve a notice on the owner of the proper°°ty immediately abutting upon khe ,por#rcan of the sidewalk of tiie crrnditican thereof, instructirrg the owner to repair or renernr the portion of the sidewalk within a reasvnable time as cfetermi!~ed by tihe pub1ic works department or city designee. A defect ar defective conditian of a sidewalk is defineti ~s when it exhGbi#s one or mc+re of the iollowEng characteristics: 1. Any sideuvalk section that has ane or mvre significant cracks greake.r than rane-half inch hvrizontally- 2_ Any sidewalk sectMVn which has a c!rack and one of the pieces on either side of the crack has risen or fa.llen greater than one-haIf inch ffom any af the adjoining sidewalk sections. 3. Any section of sidewalk which has risen or fallen greafer khan one-half inch above or belaw arr adjtrining sidewalk sectaon or curb, 4. Any secteon ofi sidewalk which has spf€ier-webbed c(acks such thak the cracked pieces can be removed, 5. HoMes or depress'sons greater than vne--ktalf inch: 6. Any sidewalk sec#ian with spakling of the section with or~~ or more depressions greaier than one-halF ir~ch. 7e A sidewalk witY+ any park thereof nnissing to the full depth. C. 1F the noticae tcr repair or renew a sidewalk is not cvmplied wikh within the #knle specified, the public works department or ci'fy designee shall submit a reporl #o the city council. Upon receipt rf the report, the ciiy council shal l by reso9ut6on order the sidewalk repaired or renewed and shal€ cause a writ#en no#ice ko be served upon the ornrner of prapesty abufiEng upon iha# pvrtion af the street vuhere the sidewalk is to b-e repaired or rene+,nred in accordance with the reso1ution. D_ If the notice to repair or renew a sidewalk is rivt complGed with vvithin the time specifed, the public wvrks departrraent or city desigr,ee sha61 direc# the improvement af said sidewalk and shall report to the ciky c.ouncil af its next regular meeting ar as soon thereafter as practir-able with an assessment roll shca+uving each parcel of land abutting upon the sidewralk, the name(s) of the ownee, and apportion the cost of said improvement to be assessed agains# each parcel of such land, E, The cify counciG shall se# a da#e for headng any pratests agawnst tEie proposed assessment rv11 using iks es#ablisheti public hearing nvtice pracess, ,At or folEowifig the heariang, 1he cauncil by ordir~~nce shall assess the cost of irnproviiig the sidewalk against the abuttang property. The assessments sha11 become a lien upon the respect6ve Rarcels o# land and shalf be collec#ed in the manner provided by law for the coIlection of lvcal improvement assessments and shall bear interest at #he rate of six percent per year ftom tMe date of the approual of saFd assessment, (!?rd, 1343 N5 5, 9. 7, 2005: C?rd_ 1298 NS § 3(B), 2003)- 72..20.120 Limitations o# abutting proper#y owner- Charges tv owner. Aproperty vwner shaff nvt be charged any cos#s of corstruction or rer-onsifuction under this chapter i~ excess o'f 50 percent of the vaiuation o# such abutting properky, exclusive of improvernents thereon, according ta the ualuation iast placed ~pon ifi for purposes of general taxa#ion. Apropertyr owner shali not be ch~rged with any costs crf reconstructivn under this chap#er if the reconstruc#ron is required ~o r-arrect deterioratGon ofi or darnage tv khe 2![.'oIvel le 1?20.1iunl 1 !?i°?{~[?~~ 1 , Cr?rzf3S AN1) '_-,InFWAr 1:~ Paec ; 01'; sidewalk nhat is the direct result uf actions by the city or its agents or ta correct deterioration of or damage to the sidewalk that is the direct result of tha failure of the city to enforce its ordinancPs (Ord. 1298 NS § 3(C), 2003). 12.20.130 Permit. Any person, firm, or corporation constructing curbs, sidewalks, andlor paving in a public right-of-way or public easement shall obtain a permit from the Colville public works departrrent as set forth in Chapter 115 1C) CMC (Ord. 1298 NS § 41,A), 2003} 12.20.140 Approved grade. Before the construction of any curb, gutter, or sidewalk in a public right-of-way or public easement, the owner or contractor must first obtain from the city engineer an approved grade. The owner or contractor shall than construct such curb, gutter, or sidewalk to conform to such grade as approved or set by the city engineer. (Ord. 129$ NS § 4(B), 2003) 12.20.150 Standards for construction. All curbs, gutters, and sidewalks, including sidewalk ramps, constructed in a public right-of-way or in a public easement shall be cement concrete and shall confomi to the Washington State Department of Transportation (WSDOT) Standard Specifications and Standard Plans for Road, Bridge, and Municipal Construction. 2002 Edition or as updated by the Washington State Department of Transportatiorl except as revised or amended herein. A. The concrete in the curbs and sidewalks shall be air entrained with an air content between six percent and seven and one-haff percent. The concrete shall be Class 4000. B. Cement concrete curb shall be one of the follawing types of curbs at the determination of the director of public works that best meets the interests of the city: 1. Integral cement concrete traffic curb and gutter (city preferred). 2. Cement concrete traffic curb. This curb may be constructed monolithic with lhe sidewalk, 3. Cement concrete rolled curb and gutter (special cases) The sidewalk adjacent to the rolled curb and gutter shall be a minimum of five inches in thickness C. The sub-base immediately below the curb and sidewalk shall be a minimum compacted depth of eight inches of crushed surfacing base course per WSDOT standards placed on a compacted subgrade and a layer of nonwoven geotextile fabric. (Ord. 1298 NS § 4(C), 2003) 12.20.160 Sidewalk widths. A. Sidewalks in residential zones shall be a minimum of five feet in width. 8. Sidewalks in the C-2 (central business) district shall be a minimum of 10 feet in width. C. Sidewalks in the C-3 (general commercial) district shall be a maximum of 10 feei and a minimum of five feet in width. D. Sidewalks in industrial zones shall be a minimum of five feet in width Provided, however, the public works department or city designee shall be authorized where conditions warrant, to grant a decrease in the width of sucti curbs/sidewalks after examination of the premises and a determination that the best interest of the city will be served by decreasing the width thereof. (Ord 1343 NS § 8, 2005; Ord. 1298 NS § 4(D), 2003). ItttP:'~~% \,ti+".c„dtpubli ,fIin~~.co nvlkA CoItille C'ulville 12:Cul\ illQ 12,U.Iit1til 1 ''?o(-~ti Chapter 12.20 ('II RRtiA\I)Si!)IAV:11:Kti PagefioC7 12.20.170 Inspections. Prior to the placement of the concrete, all curb and sidewalk forms shall be inspected by the public works department or city designee. Inspections shall consist of verifying confomnance to the c'rty standards referenced in this chapter. The public worlcs department or city designee may issue a stop work order in writing served on any persons engaged in the doing or causing of any work that is being done contrary to the provisions of this chapter and any such persons shall forthwith stop such work until authorized by the public wortcs department or city designee to proceed with the work. (Ord. 1343 NS § 9, 2005; Ord. 1298 NS § 4(E), 2003). 12.20.180 Reconstruction of sidewalks/curbing violating this chapter. A Any sidewalk and curbing constructed in violation of the provisions contained in this chapter shall be reconstructed so as to comply with the terms of this chapter within 60 days of the property owner receiving notice of the violation, and, if not so done within the period, the public works department or city designee shall submit a report to the city council. Upon receipt of the report, the city council shall by resolution order the curb and/or sidewalk reconstructed and shall cause a written notice to be served upon the owner of property abutting upon that portion of the street where the curb and/or sidewalk is to be reconstructed in accordance with the resolution. B. If the notice to reconstruct the curb and/or sidewalk is not complied with within the time specified, the public works department shall direct the improvement of said sidewalk and shall report to the city council at its next regular meeting or as soon thereafter as practicable with an assessment roll showing each parcel of land abutting upon the sidewalk, the name(s) of the owner, and apportian the cost of said improvement to be assessed against each parcel of such land. C. The city council shall set a date for hearing any protests against the proposed assessment roll using its established public hearing notice process. At or following the hearing, the council by ordinance shall assess the cost of improving the sidewalk against the abutting property_ The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of said assessment. (Ord. 1343 NS § 10, 2005; Ord. 1298 NS § 4(F), 2003). 12.20.480 Matisbnance ot existing sidawralIW. The owner of real property abutting an existing sidewalk shall maintain ths sidewalk in good repair and in a safe condition being free of defects, as defined in CMC 12.20.100 et seq., and obstructions or any other condition causing hazards which makes or tends to make pedestrian travel either dangerous or Impractical. (Ord. 1298 NS § 5(A), 2003). 12.20.200 Ltabifity for sjdewatk iniuries. A. The oamer of real property abutting an existing sidewalk may be liable to any person injured because of failure by the owner to maintain the sidewalk in good repair and safe condition. B If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner may reimburse the city for the amount of the damages thus paid and for the attomey fees and costs of defending against the claim for damages. The city may maintain an Illc'Cuk ille12lCQlvilIC1220.htm1 1;,',(111R (_'12;spter 1?.~~1 ('1 [tF3ti -~ti1) "II)TWAI.!`S E'aLle 7 ot'7 action In a court of compctent jurisdiction to enforce the provisions of the chapter (Qrd. 1298 NS § 5(B), 2003). _ ; This pa9e of the Colvllle Municipal Code Is current through Ordinance Ca~~,e Puoi,Sr,r-; Cun-i,~,•.v 1379 NS, passed May 22, 2007. Vulce: (206) 527-683: biSCfaimcr: 'f'he City Clerk's pffi[e has the official verslon af the Culv,lie Fax: (206) 527 ft41 1 Municipal Code. Users should contact Me City C'~rk . Ct~~ 'nr ~~~i~,,~nre _ Ern, ~,.~~~~~rl~;n~n~a c_•„ passed su0sequent to the ardinancc ci*.e❑ ahnv- City Wc^5ite- http:iiv;vr•a http:lhv%vw.codepublishing.comi«'A/Culville,,Culville 12"Culville 1220.html l r2r?008 I'i trm {'aoc l c,f I Code Publishing OnLine Sedr~:i,, °``==T:'~r~,"°{'~~F=-a~ ~ ~ W&UW*e MunkC4sl Co& fide 12 STREETS . SIDEWALKS AND PUBLIC PLACES Chap_ter 12.08 SN0INAND ICE REMOVAL Ch3ptcr 12.08 StiUWAtiD ICE: REM110VA1. Sectiana: 13,08,011I !)efinitions. I2.09.020 Rcyuirrd wfiien. I2.08,03U Ashes, smtd pcrmittcd hrn. 12.08.040 Vinln[ion • Prnaltv 1:.08.010 Definidons. ~ The wardti "lessec," "accupant," "per5on having charge" or "myner" shall mean :ind nicludr one nr rnorr per;ans i,f eitticr srs, natural prrsons, corpantionS, partnership,,. a~sociatirm., j(iini sI{1ik OlITip:iflil'i ll! :1ll (1Ihc'i Cf1f111Ci Of am kind capablC 0f Of being sucd. (Ord. 27$ g4, 1979) ~ I lt shall be the duty af tho owner or occupant of any hause or other building and thr owncr or proprirtar, Iessee or person entitlyd to possession of any church, public hall, public building within the ciry limits, abuding or bordering upon any street, xvenur, highway c►r public place to rEmove ar cnuse to hr removed, all snow and iee fn)m the sidewalk in front of or adjscrnt to Sucli premises tu the full paved +vidth oi' saiJ sidewall: within 24 hours after such snow ur icr shall have fallrn or sccumulated thereon i urd. 278 § 1. 1979) 12.08.030 AshM 9snd permittcd whcn. ~ ln ccue the snow or ice oa the sidrw-alk is frvzen so hard that it cannot be removcd withow injury tu the pavemcnt ar concrrte, thc lessee, cxcupant, persan having charge or awner of every panccl of real estate shall, within the timo sprcified in F.Whti 12 ()8.020, cause tfie sidewnik abutting cx adjscent to said prrmises to be strtwn with ashes, sand, sawdi:st or othcr material, and I shall as soon thereafterag the weathcr shall lirrmit. thomughly clratt such stdewalk. (Ord 278 1971)) ' 12.08.040 ViotAtioo - Pennltv. I Any owner, lessec, occupant or person in char-c whu shall fail, neglece ur retuse to remuvc snow nnd or ice or to sarc.w, the s.ame with snnd or utfier sutntnnce es dirrrted in EWMC 1 2.05_U30 or who shall resist or ubsvuct the city in the removal of maw nnd ice, shall Uz guilty of n misdemeanor, and shall upon conviction tfieroof be subject to a fine uf nc►t mare than S250.00. Fach day J during which violntian of tlhis chapter continu¢s shall bo and constitute a separote offense and a separcite misdtmranor. (Chd 278 5 3. 1979) ~ ! I I ~ ~P,r~rs ~Searr.n I~: ~~-,ra~ch Sea;rh Ft~su:?y I Tal-,'e ot Ci'r.t?nt5 I TiDp hlits 0~ Iitcp: :'nr`.s.:Lh; Cklln q'i-l,iii ,,m i;ani.Llll 'c1;entID~44 8469383&intubasc;=cwchee.nf6&jump=l2.08&softp... 1/20-008 Ct,arceC x 12 -rizAFFI(' RFGi J:\ i-tOtis 11.,2~ I oi , . Chapter 8.12 TRAFFIC REGULATIONS Sections 8.12 010 Definitionc 8.12.070 Roller skates - Restrictions un use 8.12.Q80 Regulation of traffic - Who empowereci 8_12.300 Snow on sidewalks - Must be removed - City to remove upan failLire or owner and owner to pay. 8.12.310 Rule of construction 8.12 320 Vialations - Penalties. 8.12.010 Definitions. The word "vehicle" includes equestrians, Ied horses and everything on whe-els or runners, except baby carriages. The word "horse" includes all dornestic animals. The word "dnver" includes the nder or driver of a horse, tiie rider of wheels and the operator of a motor vehicle. The term "parking area" as used in this chapter shall include that part of any street along the curb-line thereof designated by the permanent committee of streets and public improvements as the place for the standing of vehicles. The term "public highway" or "public highways" shall include any highway, road. public street, avenue, alley, driveway or other place built, supported, maintained, controlletf or used by the public, or by the city of Ritzville, for the use of the public as a highway, or for the transportation of persons or freight, or as a place of travel or communication between localities within the city of Ritzville. (Ord 255 § 1, 1919). 8.12.070 Roller skates - Restrictions on use. Any police offiCer of the city shall have full power arici authority tu ri-strict Gr prevent the use of roller skates upon any of the streets or sidewalks of the city where the same is likely to endan;er the safe!y of pedestnans or the persons so using them. (Ord. 255 § 12, 1919). 8.12.080 Regulation of traffic - Who empowerQd. The permanent committee on streets and public improvements, and any and all police officers of the city of Ritzville, are hereby authorized and empowered to direct, control, restrict and regulate, in the interests of public safety, health and convenience, the movement of pedestrians, animals and traffic of every kind within the city of Ritzville and may, when necessary, divert or exclude all such puh',- highway within the city of Ritzville. It shall be unlawful for any person to disobey or fail or refuse to comply with order made or any direction given by any person authorizeti to make or give <<:_ same under and by virtue of the provisions of this chapter. (Ord. 255 § 13. 1919) 812.30d Snow on stdewalks - Must be remaved - Cky to remove upon faflure '.\A, jt11/% Iill I-IIi\!Ho Iti 1 iii\I1f::11\I _.hil:ll C'iiitpter K.1' ~I~R:11~1~Ic' IZI:(~~1 L~~ I{~)v5 I'a~;r ~ of of owner and awnK to ~ry. Every owner, lessee or occupant of real property within the city of RitZVille, shall thorougiily clean and remove all snow from any and all sidewalks along the front or side of such property, within 12 hours after the same sha{I have ceased to fall, and upon failu~e and refusal of any such owner, lessee o~ occupant so to do within one hour after being notified so to do by any police officer of the city of Ritzville, the permanent committee on streets and public improvements may cause such sidewalks to be cleaned, and the cost and expense thereof to be charged against said abutting property and collected as other taxes are collected; this to be in addi~on to any penalties hereinafter provided in this chapter. (Ord. 255 § 37, 1919). 8.12.310 Rule of co~structlon. It is not intended by this chapter to repeal or rescind any ordinance heretofore in effect in the city of Ritrville relative to the same or kindred subjects embraced herein, unless the same be in direct conflict herewith, but this chapter is intended to be additional thereto. (Ord. 255 § 38, 1919). 8.12.320 Violations - Penaltfes. Any person who shall violate any provision of this chapter shall, upon conviction thereof, and in addition to any other penalties herein provided, be punished by a fine of not less than $1.00 or more than $100.00, or by not more than 30 days in the county jail, or by both such fine and imprisonment. (Ord. 255 § 39, 1919). i' 1(; < > http:+'i~~~~ti~~~~~.ce~de~uhli•hin~.c~,mi~V:~l. Kitz~~ille:~ritr~~ill<<1K'ritz~•i11~~~1R1 ~.htn~l 1~~"'~ (-haptrr 12. lt~ `1C1F~:\V:11.Kti, tVIZ13SANT) c;l I,I II:Rti F'ace 1 01'2 000 Chapter 12.16 SIDEWALKS, CURBS AND GUTTERS - MAINTENANCE- Sections: 12.18.010 Deflnitions. 12.16.020 Abutting property owner to maintain sidewalk in safe condition. 12.16 040 Expense of maintenance and repair to be borne by abutting property owner thereor. 12.16.050 Abutting property owner liability for injury ar damage. 12.16.060 Restriction on materials to control ice and snow - Penalty ' Prior ordinance history: Pnor code 9.40 010, 9.40.015 and 9 40.020 12.16.014 Definitions. Unless the context clearly indicates othen+vise, the words used in this chapter shall have the meaning given in this section: A. "Abutting property" includes all property having a frontage upon the margin of any street or other public place. B. "Sidewalk" includes any structure or form of street improvement in the space between the property line and the roadway, known as the sidewalk area. (Ord. 99-27 § 23 (part). 1999: Ord. A-3541 § 1(part), 1987). p~+opvrty ownor to nwintain sid~lk in ssl~e condjdon:' t~be the responsibility of the owner of the property abutting upon a public sidewalk to maintain the sidewalk at all times in a safe condition, free of any and all obstructions or defects, including but not (imited to ice and snow and tripping hazards. (Ord 99-27 § 23 (part), 1999: Ord. A-3541 § 1(part), 1987)_ 12.16.040 Expenae of maintenance and repair to be borne by abutting property owner thereof. The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon in the manner provided by law. (Ord. 99-27 § 23(part), 1999: Ord. A-3541 § 1(part), 1987). 12.16.050 Abutting property owner liability for injury or damage. In case any injury or damage to any person shall be caused by the defective condition of any sidewalk, or ice or snow thereon, or by the lack of proper guards or raitings on or along the property abutting on any public way, the abutting property where the injury or damage occurs and the owner or owners thereof shall be liable to the city, to the maximum extent permitted by law, for all damage, injuries, costs and disbursements which it may be required to pay to the person injured or damaged. (Ord. 99-27 § 23(part), 1999). 12.16.060 Restriction on materials to control ice and snow - Penatty. It is unlawful for any person, firm or corporation, whether an owner or occupier of property, to use sodium chloride (salt), or a chloride based product, to control ice and snow conditions on the public sidewalks within the downtown area (Ord. 99-27 § 23(part), 1999: Ord. A-3788 § 1, 1992). I~tt{~:~«~~«.t~~l~4~ut,li:liiiiL.c~,m~~L':~;\1'ailal~'alla~~~~llatv~~~itl? ~~ali:i~a~illal?1h.httnl 1;?~2 11Uti ('harter 12.16 SIDrW:tI_KS. C'1_'Et13S A`D GiIJ"('-FERS MAT'Nl Lti:\vCF-* Pagc f, 000 lIttt' 'A~~tti.~~'d,:E' uhli,1hin.'.co iii'\ti';1 i\',tlf:i\1',:!I.i~\ti,I il:i \~;1lii ii.'~«~tlla,,% j fl.il_li,iitIn l 8.88A10 Duty of oNAqier or occupant to remove snow•from sideNvall:s--Legislative policy. Page 1 of l. Title 8 STREETS F+ND SIDEWALKS 0 Chapter 8.88 SNOW AND ICE REMOVAL 8.88.010 Duty of owner or occupant to remove snow from sidewalks--Legislative policy. Accumulations of snow and ice on public sidewalks within the city are detrimental to the public nealth, convenience, safety and welfare of the citizens of the city of Yakima and to visitors to the city during the winter months_ It is reasonable and necessary that persons owning and occupying premises adjacent to sidewalks make all r2asonable efforts to clear the sidewalks which they control of snow and ice in a prudent fashion so that those public rights-of- way remain accessible and safe for their intended public use. 7his chapter is for the benefit of the general public and no specific duty to particular persons is created hereby. (Ord. 93-30 § 1, 1993: Ord. A-824 § 1, 1924). O - hCtp://Wnu'Ar.ci ri~va.us/citycode/_DATA/11TLF08/Chapter_8_88_SiN0W_AND_ICL REMOVtIL! 1/2/2008 ~ CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date.. JaauarV 8, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information E3 admin. report ❑ pending legislation . , AGENDA ITEM TITLE: Aviation Ordinance Discussion . GOVERNING LEGISLATION: RCVI/ 36.70.547, 14 CFR 77, Spokane Valley UDC 19.110.030 PREVIOUS COUNCIL ACTION TAKEN: City Council approved the airport overiay zone in March of 2006. Those code provisions have been incorporated in the new UDC adopted in September of 2007. . BACKGROUND: A number of citizen questions have been raised concerning the density restriction set forth in the adopted airport over lay. The primary restriction of concern is the ' prohibition to create any new lot, regardless of the underlying zoning of less than 2.5 acres. Council has asked for additional information concerning the adoption of fhis ordinance, ~ requirements imposed by state law and laws of both adjacent jurisdictions and other jurisdictions within the State of Washington. OPTIONS: Take no action, provide further direction to staff or refer the matter to the planning commission for additional study and consideration. . RECOMMENDED ACTION OR MOTION: Council direction BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Mike Connelly, City Attorney ATTACHMENTS: 1. Memorandum from City Attorney with Exhibits 2. RCA and minutes of previous consideration by Council on September 25, 2005, February 14, 2006, and February 28, 2006 . 3. Documents previously provided to Planning Commission ~ . ~ .J S crn pU~.~.Ile ~ - Va11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 + cityhall@spokanevalley.org Memorandum To: Mayor Diana Wil.h.ite, members of thc City Council From: MikE Connelly, City Attorney CC: Dave Mercier, City Vianager; K.athy McClung Director of Community Development :nxte: October 29, 2007 Rc: Airport Overlay Zones Qucstipnti Presented: • Da other Spokane County jurisdie;tians have sinular airport regulations to those establisheci in the nEw Spokane Valley Uniform Dcvelopment Code (iJDC)? •What are the state and f'ederal requurements related tv airport regulations7 Short Answers: • Other Spokane County jurisdictinns have much less stringent airport r.egulations than the newly adopted Spokanc Valley UDC sectian 19.110.030. Fiowever, other Washington jurisdictinns autside of Spokane County do have similar provisions to those recently adopted by SpUkaile Valley. o RCW 35.70.547 reauires cilies la protcct airports fiom incompatible land uses while at the federal level, 14 CPR 77 requires that no height hazards exist which wauld be an abstruction lo air travel. Neit}ler law mandates the adoption of a specific Qrdinance or a specific prUyision withi.n an ordinance. Analysis: 1. Airport Regulations of other jurisdictions City nf Spokanc Valley; under UDC secCien 19.110.030, now has ihe most stringent airnort zoning regulations in Spokane County. The UTaC establishcs six Airport Land [Jse Compatibility Zones which set a nizxunum number of dwcllinb uiuts for each zone in adclition to establishing five Air -I-Iazard Height Restrictions zones. Spokane Valley is the 'only jurisdiction withui Spnkane County to establish tbese compatibility zones and set density requirements For Each zone. Other Spokane County jurisdictions have establisheci four "airspacc and accidEnt potential areas." These arcas do not appear tn conespond with Spokane Valley's Compatibility Zones but 1 are more closely related to the Air Harard Height Restrictions. 13elow is a summary of the other jurisdiction's airport regulations: Spokane County: Like Spokanc Valley, Spokane County has established an airport overlay zone which is governed by section 14.702 of its code. However, this ovcrlay zone does not implement the dcnsity requirements established by the Spokane Valley UDC. Spokaiie County is also currently revising its Airport Overlay Zone, however, the revisions have not yet gone public. The current section does address the following: • Establishes four aiz space and land use safety areas wilh the following builduig regulations: o The coiucal area which is "all that laiid wluch lies ciirectly undcr an imaginary - conical surface extending outward from the primary surPace at an elcvation of 35 feet above the elevation of the centcrline of the ru,naway for a clistancc of 3,500 feet and tlien uPward and outward at the slope of one vertical foot for every 100 horizontal feet for a hpricontal distance of 30,000 feet;" _ ■ No structures or vegetation tivith heights in excess of 35 feet may be built in this zone. Structures iucidental to air lravel are cxccpted. _ o The Approach Axea which is "all that land that lies directly undcr an imaginary approach surface longitiudinally centcred on the extended centerline at each end of the runway." The Approach area is then subdivided 'uito Accident Potential Zones A and B which list prolubited uses. o The Accident Fatential ZonE A which is "all land in that portion of thc approach area of t,he runway which eYtcnds outward froin the end of the primary surface a distaiice equal to one-third of the nuiway. ■ No buildings or structures are allowed to bc built or altered in this zone." The following uses arc cxcepted: warehousing, outdoor storage of equipnient, cemeteries, nurseries, agricliltural uses except for feeci lots and other agriculharal uses that attract substantial amounts of birds, publie utility ' transmission facilities, quarries, auto wrecking, rail or ti-ucking tenninals; o The Aceident Potential Lone B which is "all land in the portion of the approach area to the ruziway which cxtends outward fi•om Zone tA a distzincc of tNvo-thirds of tlie runwdy." ■ The following uses are prolubited in this zonc: RV parks, churches, hospitals, mfulufactured home parks; motels and hotels, nursing homes, schools, stacliums aiid theaters, day care facilities; as purt of Spokane County Itesolution 07-0221, re.sidential subdivisions and residentiul binding site plarrs " ure ulso prohivited. • Prohibits certain uses in areas where substantial noise impaet exists includ'uig churches, - day care facilities, hospitals, libraries, manufactured homes, nursing homes, and schools. • The density rcquirements for an airport overlay zone with.in the county arc detcrmine_d by the zone classification wluch the lancl in the zone falls into. For example, the Airport Overlay Zone for the Spokane International Airport falls uito Light Industrial anci Regional Commercial zones. The Light lndustrial densiry requirements are 15 units per acre. The Regional Commercial zoiie prohibits singlc facnily and hwo family ciuplexcs; but cloes allow for multiFaanily tlwellings which must meet a 30 dwelluig unit per acre density requirement. 2 . , • Thc recent news stories regarding the County's anproval of a house ancl subdivision in the ~ airport overlay znne stems from a chan;e to the Light vidustrial zone classification in the Accident Potential Zone B. Tlle County hacl adopted a special zoning ordinance that dicl not allow for residential use in dle light industrial zone around thc airpnrt. That ordinance was amended to remove the ban on residcntial uses. However, the County -"recently adopted an interim zoning resolution (ltesolution 07-0221) that removes all such residential uses. It is also planning on amending the Zoning Code back to prohibiting these uscs as it led to "coinpatibility issues" and An encroachment on the land regulated by the airport and Fairch.ild Air Force Rase. These changes were discusseci at a Ylanning Commission izieeting held on Qctober 29, 2007. Resolution 07-0221 is attached to this memo as E;chibit B. City of Spnkane: The City of Spokane currently does not have airport regulations relalecl to ~r..oning. Its Code does contain section 11.19.230 which allows the Planning Dircctor to designate airport hazard areas witlun which "various height, lightuig, and other Airport •r,aning requirements apply." However, acc4rding to the City of Spokane Ylanning Department, this code provision is obsolete. The City t:urrcntly has a chapter in its iJnified Develppment Code reserved for airport regulations, but has yet to bcgui di-afting the regulations. The Planiiing llepartment anticipates the drafting process wi11 begin within the nExt six months. City of Spokane will be using Spokane County's airport regulations as its model (sec above). City of Deer Yark: Likc Spokane Valley, Deer Park has established an airport overlay zonc wliich is govcrned by section 18.72 of its code. 'Chis seetioa addresses the follo'Ailig: ~ • Establishes the sanle Pour airspace and land use safety areas as Spokane County; • 1-leight reslrictions prohibiting.structures which are not neccssary or incidental to airport operations; • Prohibits certain uses in are.as where substantial noise impact eYists including ehurches, day caze facilities, hospitals, librarics; manufactured homes, nursing homes, ana schools. City of Ainvay Heights: Airway Heiglrts also has an auport overlay zone-which is govcmed by section 17.15 of its munieipal code. This section acidresses the following: . oEstablishes thc same four airspace and land use 5afety arezs that Spokane County and - City of Deer Park eestablished in their airport overlay zone; o Height restrictions prohibitllig structures -vNfiich are not necessary or incidental to airport operations; • Prohibits certain uses in areas where substantial noise impact exists including churches, hospitals, libraries, manufactLired home parks, nursuig homcs,'scliools, and all residcntial LISCS. ' Town of A'Iilhrod: Millwood currently docs not have any airport reaulations. Although Spokane County jtirisdictions do iiot have similar provisions to the Spokane Valley UDC's Land Use Compatibility Zones, other Washington jurisdictions do have simitar provisions whieh are listed below: --1 . . - . - 3 Skagit County: Section 14.16 of the Skagit County Cade establishes six land use "safety zones" _ and maximum densities for each zone for the Skagit Cotulty Airport. These zanes have similar proh.ibited uses to the Spokane Valley prohibited uses. As for Zone 'C of the Skagit County Code, the following regulations e:cist: • iVIaximum Density: one dwelling unit per 5 acres; this is more stringent than the Spokane Yalley 1 chvelling unit per 2.5 acres. . • An open space requiremeut of 10 pcrcent; - •Existing residences and residential lots are allowed to be replaced or built; • For church.es and schools, the density of the facility shall not eaceed 100 people/acre and the proposed site shall include or abut a permanent open spacc arca; • Iiidustrial development is allowed so long there are no cmissions releaseci that will creale a safety hazard to aixcraft. City of Tumwater: City of Tumwater Code section 18.32 establishes and airport overlay zone for the Olympia Ttcgional Airport. It is comprised oP five compatible use zones. While the code does not establish maximum density requizements, it does establish the following zones which r.egulate uses in addition to lieight hazards: • Zone 1- Rumway Projeetion zone: prohibited are residential dwellings, stormwater wet ponds, recrcational facilities, schqols, day cares, churches, hospitals, and uses that diminish thc ability of pilots lo see or commulucate between aircrafts; • Zone 2- liZner Approacl-VDeparturc Lonc: prohibitEd are multi-family dwellings, recreational .facilities, schools, day cares, churches, hospitals, and uses lhat diminish the ability nf pilots to see or comuiuiucate between airerafts; . • Zone 3- Lnner Ttirning 7one: prohibited are multi-fatnily dwellings, recreational facilities, schools, day cares, churches, hospitals; and uses that diminish the ability of pilots to see or coinmunicate betwccn airerafts; • Zone 4- Outer Apprnach/Departure Zoiie: prolubited are multi-family dwellings, schaals, day cares, churches, hospitals, and uses tliat diminish the ability of pilots to sec or communicale between aircrafts; • Zone 5- Sidel.ine "/_onc: prohibitetl are multi-family dwellings; schools, day cares, churches, hospitals; and uses that diminish the ability of pilots to see or communicate• between aircrafts; • Residential lantl div,isinns in zones 3, 4& 5 require clustering and open areas for emergency landing. 2. Fcdcral and Statc Reyuirements for airport regulations There are bolh ytate and £ederal statutes relating to airport regulations. RCW 36.70.547 - requires all countics, citics, and towns that include general avialion au-ports to discottrage the siting of incompatible uses adjacent to thE airport in their comprehensive plans and development . regulations. The stalute also requires formal consultadon vvith the Waslungton State Department of Transportation (WSDO'r) and the filing of all plans wilh WSDOT. WSDOT provides technical assistance to local govercunents in addressing airport land use compatibility. Unfortunately there is nn case law or `VAC's that interpret what an incompatible use is. However, after filing proposed plans with WSDOT, the departinent will provide suggestions t4 thc city regardulg coinpliance with this statute. Further, thc `VSDQT's Avialion Division of_1:er.s some guidance regarcling the detinician oF incompatible land uses dn their web page: , 4 ~ ]7epending on airport characteristics, locatioB, and anmount of key Upen space adjacent to a general aviation airport, uiconipatible land uses may include public assemblyllarge concentrations of people, residential density, intensity of nonre_sidential developinent, struclure, hcight, hazaxdous/explosive material, tivildfire hazards, light/glare, air quality and electronic signals. Wlule the use of airpart overlay zones appears tn be a common technique employed by maily cities, RCW 36.70.547 does not specifically require this or any other particular laud use approach. According to IvIRSC, since the statute is sile.nt with respcct to the precise method to be employed, it appears thaY cities are free to choose from among the siting recommendations of the Aviation 17ivision or any oCher locally dcterniined method implemented through their comprehensive plan and development regtilations that accomplish the intent of diseouraging adjacent incotupatible uses. . I'ursuaiit to ttus statute, Spokane Valley filed its Airport Hazard Qverlay Zone draft . ordinance with WSI70T Aviation Division. The Department made several suggestions to the draft which are reflected in the current ordinance. (To see the WSDO Y' rccoinmended changes, see Exhibit A). . The federal statute Pertaining to airport regulations is 14 CFR. 77, entitleci Qbjects Affecting Navigable tlirspace. NVlvle this statute cioes not usc the term "incompatible uses," it ' does say thdt height hazards constitute an "obstruction" lo air travel. `l"he Washington standard fvr heighl hazards comes from the national standard established in this stariite. According to this statute, any object, which pcnetrates "inia;inary surfaces" are considcred to be a height hazArd ~ obstruction and are not allowed. Imaginary surfaces are deiined in relation to the airport and the runNvay. The size a.f these surfaces is based on the categoiy or each runway according to the current approach, and tn any fulure approach planned for the runway. 14 CRF 77.25. I • 5 " EXHIBIT A WSDOT Aviation Airport Land Use Compatibility Program City of Spokane Valley - Draft Airport Hazards Overlay December 20, 2005 We have several suggestions noted below and on the draft ordinance (insertions and comments using track changes). • Titles We recommend that you change the name of your ordinance to Airport Overlay Zane because it now i.ncludes height and land use compatibility. In acldition, we suggest you change the name of the uccident safety zones to uirPort compatihle use zones or something similar. There are two reasons for t.hat change. T'irst, the regulations address more than just safety in each zone - they address other measures of compatibility as wcll. Second, your objective is mere than safety. The objective of the state law is campatibility. • Applicability Section . V✓e suggest thal you expand the applicability section. The Eollowing example from the City of Tumwatcr can be modified as appropriate: Pro'visions of this chapter shall apply to all lands, buildings, structures, natural features and uses locatcd witliin ttie Airport (AP) overlay zone district as depicted on the maps, except that the provisions of this chapter shall not apply to any use that is defined as an aviation use. All uses and activities are at all times subject to the underlying roning district. Where the requirements and rest:riccions impnsea by the Airport Chherlay zone distriel eoni]ict with the requieelnents of the uiiderlying zone district, the more restrictivc requirement shall be applied. • Avigation EasemenUDisclosure Notice: Why are both iun avigation easement and disclosure notiee included in the ordinance7 There may be an opportunity to work «<ith the airport boarcl to develop a new policy that is defensible and maintains protection for the airport. 1'Ue would be happy to help you widi that We reeommend ' that ultimfltely you choose a single casement or notice that is filed with the eaunty auditor. Having both an easement and a disclASUre notice that apply in different areas may be very eomplicated to.administer. • Maps oA map showing existing peneCrations of tlie imaginary surfaces wnuld be very helpful for administering the rcgulations and help you identify areas where penetration of the surfaces is possible or likely. Adding elevation eontours to your existing map wnuld also help illustratc these issues and assist the city and applicajits during the permitting process. oWe also recommend you also qdd a profile view map to illustrate nefual heit3hts in the vaxious zones. The additional view woulcl be cspecially helpful during implemeneation, to hclp plan.ners at the front counter describe the policy to apUlicants. o' As we discussed during our visit, the California guidelines have used updated accident data to modify the shapc ot the safety zones, especially zone 3. 1 have attached the information for your reference. ~ EXHIBIT A ~ WSDOT Aviation ' Airport Land Use Compatibility Program o Rather thaii i.ncluding onty the reference ciiagrams for the safety zones an(l FAR Part 77 in yrour qrdinance; we rec;ommcnd that you include a safety z.ane diagram, noise contour map; Meight Hazard Part 77 map, and your compatibility zone map. I have attaclied an example of a map that shows customized compatibility zones and the safety zone diagram with relevaiit _ dimensions. o You tnight also consider including them in your eomprehcnsive plan. "1 hese maps, along • with supporting inforrnation, will allow Spokane Valley to better implemcnt airpoirt land use compatibiliry. The airpotl: compatibility zone map ancl FAR Part 77 should be shown on the zoning map if possible or included as reference_s in the zoning code. • Other Comments o You shoulci includc information about hnw height will be measured fnr the purpose of implcmentation. For example, you might note that applieants will bc required to include the ground elevation ancl maximum structure elevation in their application, The process you usc for detcrmining building heiglits may also be appropriate. '1°he fallawing is an exajnple from Douglas County I:hat may be modified to fit your needs. It is probably necessary to aclcl language specifyino under which conditions measurements by a licensed surveyor wrould be . reyuired. 18.65.070 SfTE PLAN REQUIREMENTS . An application for a building, structure, use, subdivision, short subdivision, _ binding site plan or other development activity shall submit the following ~ information in addition to application materials required as set forth in the DCC. A. The site plan shall clearty delineate the location of the project to the Runway Protection Zone 1, Inner Safety Zone 2, andlor Inner Tuming Zone 3 as described in Section 18.65.080. B. The location and height of all proposed buildings, structures, and natural vegetation as measured from the airport surface and when located within the - following. . 1) Runway Protection Zone 1; Inner Safety Zone 2, andlor Inner Turning Zone 3; - 2) Horizontal and Conical SurFaces identified as a natural obstruction; and ORDINANCE TLS 00-05-38 9 3) Building or structures that exceed a height of thirty-five feet (35) when located in any other accident safety zone or FAR Parts 77 imaginary surfaces not described in subsection A and B. . oWe recommend that you not include trees and vegetation in the heioht restrictions because it is very clifficult to enforce. o It is not necessary for you to list the Pai-l 77 heliport zones. We checked with Davict Crowncr _ about the heliport, and he told us that it uscs tlie same traffic pariern as ather aircraft. That riteans that the imaginary surfaces woulct also be the same, so there is no necd to list the heliport zones separately. 1 .~o Intensity limitations oii commercial vnd induslrial uses should also be listed in the table. i E~tIiiBIT B. . - . :R$F,pRF-'~EBOARD.ORCOUNCYCO~SION~RS• . . OF SF(3FCATIECYO .WTY,.WASI3INGT0,( . . IN; "THE: rrA7.M. 'OE' RF1?EAI:II~G "~POK;ANE CQl]NTY RESOLUTIOiV Np: 6-0938; ?d0: 7:=0 t 53; AND : ADOP'I'ING AN ' INI'ER1M ) ZONIAfC3' `ORDINANGb, .1t~f A17'11.H TQ RF$O L i1.T _I:O N. • 1tES1DENTIAL~USfi 13d :I'I~}'s LICTH"!'YIYl7,USTRIAI. ~ ;(,L•~ AND A.IRI'OR`P'OvEKI.AX %~QNP WCCID L.Yf ) 'F'tTfLN`i'IAL..ZOi~*L' [JI`1DI3R..3'E1E ,7.ONINO j :COD2 Ol?Sl'OKAN6 COUNTY ) WEWCtI;A$, pursuankto kGW 3102.120(q,~the IIoard of CQunty Cbmmissione~s-of~Spokwne :Gouily'(sodietiiries hbrieinefter caileilqhe "Board'."J bns the carc.of counEy"prnpeaty Cihil•tfie rnanagement . -oi'county fiunds and business; and ~ 'WEEREA3,, piu91=t :to~ tlie:provisio~sof:.cfiaptar 36:70A RCV7, th8' :Board_ fia"s adopCed. the . Zuning Code af Spokastie Coiuity for tlic; unincrnporaied areas'o1 SI~oErnne Co+~nty;; 0nd • WHBUtE.AS,, :interiin 'zoniisb. u=iliiionce's; erincccd urid'cr} P,,CI:W 3b:70.793. ar. 3630A390 ar6 :i~~gt3iods by•whichloo;l goveiyuqenb- may regulose development to pmscrve the etetus qu9.so taia{'.new • ' ;pliins.ifad iegvlatioris v~±ill root bc i'encietisd ntoi~t liy inteivci~ing:d'c'4tlopiiment; and ' , ~vHrIt,EA5,.~t4W •3Gt'70:7,95.nndftCW.36:20A.390 proviile.ilrat'a•Boac~1•thAt A~OPk9'A(O 1I1fC(71T1: ;~riirig;dfdiiirinGi shall.holcl:a'putfliGfiearinb qn the inferim zoriing brdinsiire wlUiih-ot,le:tst sixty days of• _ 'its.adop[ion, tr cre-uog.a`.aoes;uot ncIopt fnclines,of fneF justifying its:nclinn'before t3►is hearing; ificn Etic 'lioafrl,si~ll do sd imr.~ediot~ly, after this'• publie hearing:- An infeiim zoneng ardlnance adopted cqdcc 'RCW 3G.70:395 or,IZCW ;3G:7UA:39D':enay be~ eCfealiv"e 'f0;'not lon~ee ti~in siz• moi~ihs; Uut inAy be- ,'Cffcctiyc.i'or-up to ong ycer'if n~oik plan isdm~@1Qpcd far relatcd sfudies providigig such s Ion6rpPeriod.. Act iuteriixi:;cmiog,ardinancc'niay. bc ruiewed foc onc ar iinoro mx-mcmth period3'if a siibsequcnt_public, iienring=is held and findiags offact;agc madc prior tfl.63cfi rcner"val;:and WHEREAS, `*irsuwtt i6 WAC 197-14-380 "ce'ii4ii►. as4ions: ar °exornpt fra' ca 'tli'r. :S~PA :rtqui~cac~k. speclfically: `'Aciian~ iti~~;must;.be••u~]d~alienimmediatclp•or: arithin'i1. fin~ iob'shait fs . . allow full.oomplianccitvith,this chapt"er; to.avoid an iinminent Crireint to pubtic htnlt#i oT.safcty, ca prcvent -Jn uiunincnt dandcr to pubfic'or privatc propcrty, to pre3enran iinminent tFtrcat of serious cnvtironmcntal. • dcgraciation; shaU bo cuempt Agcncics may spccify thesc cmugency uctions in thcir procedures''; and tiVK1:REAS; 16c26ri1ng Coqq:bf SRokanc Covnty cttitieisdy:yermits;residcdti'sl uscs witliin the ,1:6~ht Cndustrio] (LI} Zanc.in fhc uiiincorporntcd cueas of Spolranc Cnunty a.g 7~cc:ili6d,by Ghaptcr 14:614 . (UlctusttiAl Zones) 'maft specif"r-ally Scetian 1:4:614230 (A)'and l4,614.230 (15);.and 'NEfL1tI~ASj the'1Yuning Cot1C ofSErOEone:CuLYatly,;CUrrerstiy Mrmit§:residcntial u.c;s:tvitUin t]~e Lo~4D'ensit~!'R'e:,icldnlinl (LT)R)"i.[5itciirthe uriiricbiji'o'm4ed are:is oiSpokatic Counfypursuant Co Chaotiei ' ag Residential Zones):mare•spe.ci;[r,allyTable 606-1 J~ ; and . 'WIIIsREAS; the> Zp}iing -Code4 of. Stiokdne Coiint'y', curiciitly doe:~ not preclude ur prnlu'bit msidcririal u3cs or-•n reidcntial s~~bdivuion. within thg ;Airpnrt Overlay Zono, ,mocc; spccicnlly. ihc. Accidsnt PofcnFlol Zrnu 9(APZ-"B•)putsuantto Sceiion'1.~:402.274; aml '}V'EI~1tEAS; deti~elopmenE pf cesidcntial e~se.s••in •tl~c:Li~k Indus~ial.~(L'•Ij' r.ane and Ai~oAt "(:6'r{ay Zbne 71etfident:Potentia! Zond "B;' hav6 tYit: followiug effcsts.on IijncC use dcvclopinent,and gper'ation oiSpokirie Inteiiintional Airpur[_nnd. Fa'►rehild Aie Poicc,Basa withiri Hic-WcecPtatiislThcripe Utban Growth Area,(T1QA) - Joint Plunninb Area {.TP^A) and thc •Wcst l'lains UGA-fiA:. L , 9. - . i 7a223 . iZesiduilinl uses in a: i:iAt [ndustlia! (1:1} 7,onc may bo incompalible Pith cgmmcrciat snd , - ini~i~rial'u§e§:slloRcd iii the sairr. ionc. . b) Rcsidcnl.ial,us~in,a I~ight fncEustrial(f ~ zone ~e not iors:}iatib]c t+~[th Ihc purpose ~nd inlei~t ' of thc Spokanc Caunty.:Airnort Uecrlny 7.ons Accid'ent Potent:ial Zone "B" apd mny ci=[c n , safcry:lwGain! in ttiisc~uiric:sthrt:alcniny the Publie healtli, "safety, acui sretfard. p) .1)evelcypmcntof resideatiul usw in tho Liyht Industriul (Li) zonc hns the impscc of deccrasv:g' Aik~, uvuiliable invertury bf,L'tghl Iaulustri0l Lone propeatics.' dy 'Rcsidciiii'sl'usc's, a#jaccat'to airpoits erc'incomp'ati6le with u'arpbrt opeiations and thc iong. •ienn vinhilityrof airport cxpang(ott. ,:uru! • - ~VffERLAS,:the•aomp;elu~si~e'plan defnss.~sidentixt.usts;as iiicompptibic witEiin tloc fJglet: 16diistrial designntiun except foe itu3st~e`al~uiaiedind~trtal d'evelo~rnci~n ttiat Pr~'vide residcnocs inieni3eil• tn hciu:ve:eritpfoyec9 for•tho pFsrined'in6s7inl use;;and. • ~i'FI~RIIAS,it iH'Fti~~intent:ofttac F,l'n'aiil to tat'stin:iieyclopmeaf'bf fait dnd7c'asdiL2lilc"regulatiane; - :i~la~ed,to. pxrrnitted• ukes; in the:tiot.tiidugfiial,(L~ anil Ai7Pyrt:':Qva3ay Zcjl_ e:,ilcoidenYP~iDeci13a1 - ""i3" thai ensur~e. the-proieetioi~ and viaili~y bf airpoit=opeastiuns, while.also epsui3i►g.Uie s9fciy~m:c~ ;protUc tion of res3da7aL"s'froin i►iip~ retated impe.ctfi; und , ~VYHER€AS,, pul'stu►ut (G:ltOsoludbn ~C6. 6-0&38,- pa5sed and adoptd: fNc 3nd d2y, of.•Oc106er; ; 2UaG, tttt Buaed adoptbd o moratoriarri an Sueotmncc qf upplii:iiti'bahs for,building jicima&-nnd lund tisc :opplications.for~resideniiol uses }vithin the clYGned.mnraParium erea,;Lnd: . • -NvRF]t.RA,S;, parsynnt76" RcsbliitsNo; 6-1052; p3'syod-a`d c•'dop'fcd the 17'" 415y'6 f 1?eacmberz 2G06;.the Hoardafiimicd"thc mprsitoriam-c+dopted un~lcr Rcsolut'ibn No. 6-0838'forsix-mcutilis•from tlie; , ae« uiaaopcion un oecober 3, 2006 to Mmth 3, 2007; and •WfiEREAS, ,pursumV-to_ RcsolWan: No; 74153, passcq,end. adnpied on the: 20ih •dny. pf O . F.cbrdety; 2067, tlie Do~rd rPP~c rEtl t3s~e mdiaEbrium adpptod. uridei Aesoiutioit P16.,:6-0838 and ctiirtned qnder Resalulian 6-0l52 far si~ additional mcinths firomi'Manch 3, 2007 to August 3 2003; on~i )SWRrA$,• thc•Board dcsires tu ndopt:aii ititericit zaning;oid+nartce:tn ~3rincRCie. pracecIion.to a;rgort.opcsadons ari[i. ftihke aarport viability lippaad;'the pro2ection curTenJyipro4ided 6y. tFee•rxisting . momtoriu~n:as well es-pnwent adcGh'anaT' inecmipatibic residential deyelopmenf:7;djaeent tp ,nirpor[s,that. :i"ray.cori(liacwiQi rxist'sng inilusiriNl uscs ; and. '`VHEREA5;',[lie Buard dcsiies'tt~ §aopt on' i~teriim ~crning.arQir,u~tu:to preyent agditim»i inco~patibt~'r~si~ent~nt d¢►e4op~cnc a~3jec~n,Y,t,o` aupa~.tliaf ~;iy"oonfliot ~'vith:existingindustrial uses; vvd ' . . . . NWIMLAS',• itic :Boa-ri' sft'cr '06n,aicMiing ;th.e lreaital"s •fi'ss• giveK- ttiis ingtt~i. fdrth6r c~?nsider~tian,~nd is desirous oTirpealing,Eaiii' mpraii~rium av, adopicd.by: ltesoluGan'G-083,B~und :raiewed by Rrsolutinu ~0153 ar.d tlmultareaucly re0lucirig it wit}i an intieiim rrining brilinanee rc2tsecting • .r~`sideniial tCse in die T,eghi Endti§CSal:(EI) zone aiid Airport OSe:lay-Zqnc; Aceident Potenfi4! •Zonc "B"; qf the SFplc3ne:Cou4ry Zonjng.Cudc in-the.4Yest: Ylainslllmrpc,UC3A-Jl'A and tfle-R'est:Elalns; UQA.- .TPA; and' . ~tiHF~[tEAS; ttie iriterlSn~2oning tndinunac 95 in tlse dwt intefesC ojtlie•}~uUli~ hcuitli; saf~ly.c~id ' wclfarg anli -recoBnim clnc ol,ligiUan(s) oF:te Couniy io; ifiscaurnVe:the siting o1', incampalibk vsus adjacent:co:airportit (RCW`36.70{iSlO.anti'RCW 36:70.549;=nful ~ ld . \ N01V, T[iEREI?ORE, BE TI` RESOLVED 6ytlic:.Ho9rd•df CoLcnty Commissioncra of.Spqkane• `Coupfy' ~suant to tlie pinvisions of ItCW 36:70.795. cnd RCW ~36:70tL39U that thc Aaard hereby`edoats @n•inSerim;7Ariing onienunc:e relutin~ tu land uses and deyelopmec~t stundiux~s'foc ihe Light [ridaslriaJ wne, :Edii!'tlis-AicpoflOverlay Zo~ne, Ac~eident Pbtsnti5l Zonc "B" for thc,We~! Plsinsrl'horpa UGA-JPA and the i West Plaitis. UGi~;.JPA, hjet' foith-ln Anectijiient "A" :ns attachcd herew aiid, iiuwp,orsted hercin by i :referencet . . - . , . . . . ~ BE 1T-EQ[LTKER RESOLVED' by tlic;'$osrd of'Caunry Cocncttissionet'. oE' Spc~karieCoimty' • •t~ai.ihe~$o3cd`decjarec nn cmcrgrney-in sdoptittg•thc intciim zaning aKlinancarclatinerto land u.ses and • -.cletielonmcht fth3ards'f6r'the l;ig}rE [ndiasfial zonn.and th'e:Aiipirri O'vcrldy 7cmp, Accedent P.btenHnl.. - ,~nne "H"' as s-Y fgnfi in tho immedjatcty precedins. uctiap cvhil in_ so dning cloes hereby ~dtferrnine tltwt •aompliunce with SrPA is 5nt iequired uacler; WAG 197-11-980: . 13k ;I`T F'LTRTHER: RESOI;VLD by tfie-Board*o1"(;autify, .CAnuni,sipncrs ;of•Spo?tane County tC~at:B~~~l3Gard of Cocinty`Commissiane.rs"d'aNs'repr„al R25oliiti6D 6-08384nd Re3olutaon'7.-0153-. ' BN',.tf.V.pRT}TI,R,,RkSOLVRD by.'t}iC:&aiitd of Counry Cornntissioricrs bP Sfiuketae County tbat "the 7cp6A1 af, kcsotution ~6-0838 and Rrsofution `9-0153 attd tlio= adoptio[t ~if tfig• intciim, zoning 4i~ltqqaoe ;hajl tQke plsice.simulianernislyan tlqe hour nnd docC tfiis.Resolufion is exectrted., •BE_YC HlJ'RTHER' ItBSOL' VF;n: tiy tti~',kla3rd of'Coinit'y Cotnmissioners of Spflkaric. Cour%ty' ikuiK the SpolSanc.County ljivis9oh of i~uil~ling'aiid Plar:ning shall schedyle.;tnd givr propcrqotice ofany _ :hrarin(y.. end.mnetinge cbnsistent with applicuble it%vlntions with regatti,to tFic mntters provided for . . F]'LCCC[L. BE,_IT FURTHI:R RIi50LV.I:D'6} ttiQ Bottid ii£ Cdviity GorriiniWotte&s- of Spok'wic County'r . 'ttiaYpuistant to applicablc stetu.te(s), tfie Bonrd'a~Caunry~Commit,~ianers shall~liold a public hcarir+g nn •the'in[critti iaiiihg ordinance.witUin'sixty;(60) days,bf thc adoption of thisYesolutiurL 'I3E IT FURTHE, Ff Ii~SOLYnD by tho Board af~GQUnty 'G`naisr~issinners o? $polmne County. that in' tak+ng ;thc nbovc actioris tfie 3u5Yd'd`oes=adopt each ano cvery reoical. as a Gniling in°supparf ' . ~ . ~ 'tlidreoL' BE IT FiTRTMR"RBSOLV.ED by ilie:Boa'rd oP.Cnvrity`ComTnis3iatieis oF, Spokune Count~! tHat:tfie.qffeclivc date oFtlic,iriteric»,zon,ing ordinance-is 111:inch_ l6, 2007*af~Zp.m: ~ - - •Bqt1RD'OF COUN''~' COIvfIvII~SSIDNIItS' . OT SFOKA~iE C WASHWC3TON • p o;,',~yLfCpG../V . tWW-Riftarhai ~ - Hannie,Aagcr, ViccCl3nir - ' paniclsL F.-ricl;snn, Clesk oCthe,Biuud T t11i dTifielke, Commi~siunrr . V :3. _J _ . _ . . . _ . i, • ~r_~`~.`~:~ hpferi~. A. ' . ' Ioferim 7,anigg.C~rt~'~ee, - Sp.akan&Caiinty-Z9rii.n9:.Co4e.. s - - ~VWest :~1~►ir~horp:c UcjA-3PA ana,tbe -Wes# Plains.;UGAY1PATlic'rcvisious.lllsist'rsited'fie2ow'sdAlaPPLYJaEY.(o'lye,T3~HIIndustrCaYz.dou3lucfftcdintl~e;lJNest. . P]~i~l7'horpe:U~tiiPA~o~ tlie tiYeqt,Pl~in~ []~:~k~IP:4. . .Addifia~~'re sbo9vaiint~olil`'u n~ferGrie' , v . . _ . Aminii Secliaa~`1~:61~ as [ollows: ' 14.61;4,2211 ~ridisskFiaY:7.roney~M~tri~ ~ Tabl e G l 4- - . . - I Eornmcriial' IIusiness , . . . . -Lrgkf~d+ru?lat .'J►c'~;y°fmrlfiSirlr.1- L~xie~al uet9, (~En~l: n61.~1€YdTLeic'ele~sifiai-,L: ~F? if , 14414;234'1?scs:i6Ksgcu~iGSfeiidqds - - _d: :~.~i~u~erc,i~ti,uses;"gc.rieralirot:'efse4uYiececl~"ssiiie~l-(~,f z~;~e'~ "s. PCri~iittrtd in the .~igStitliidus#Yi~l ~,kncshall~al~"vir~~,Rt~c: alE uq*;P.SF-~tt~d ~nllie. i ;cdmriier'eEa] ~uc' i'nzti~x i~sfiic r~cgional Com~aerci~l. go~ie'isdfelgcwheraelassi~ir,'~• E~ccE~ii- ~tnr a~iiltretajl use:es~,b~ia},rricn! arid adu~t;~nfcrtainrr~~n# est~blishment'and.~xsent Fnr sin~u .iurriil: da 5Ik anil '6ultiTamjl- resiJcnUalii~es: Pr'ovidcd fikrllirr,-ihume usrs Ei:ted.undor I ;Re~lOlSnl COmm~7~.ia1 os un-accessG~ o: ca~ditia~s~l yso.sha~l,ul.sn~be.~~m,,iited : s nce~sbiy ;o~i.ootlitionnTuSCS-in!th4LightLadustrialrbnc. ~ra~7dod_further,Reoions~.Carnm~ci~l•use~. 'ull~wed~in.kFic LZ'~t ~dusffial ioneshall ine~f.ul! .~ise-1~ u,al.Cdin~neic~aj deti~clopnuast. is . ~s1ix~;rrils:,~sSeEfoalhi,s:Soc~iootsl4.G12300," . . " `Iablo. 614-1,Iudus~ial:~oncs I 3te'~d~tial'.iuc _ . -~,N' •N a . . _ . . . I Q221 l; ~14.¢1h;230: U'sc`s:witij'Specifip S4und9rds . ¢~-l~es~enticl;i!a~e{b~!~: . e. .-r,%a• ~°.nyce;Ft~e~~Eef-a~i~asla~plniatted-iitt~s~ss!-~e~t•lepittc~i3-8c~a31-~a-~it~=nusnl~ei . . w~iti.Ee-tle ~sem~le~'ae'~€-t~e-~loni~ed=u►clas~ritil-uar-it~«Ei.el 4§54Y seki neuei~eee:d ;S CiNls!peF-aere- e=fe~~tflwt' - . . U°Rioeotte-~~aao3ssteor~iin►~eeus-tivithiate-e6~e~i-uC• tl~~esiAaAbin~eit~: . Tlic revisions•WnstcateN:litloiv. shall opply:oqlY to iti'v Accid'ent~.otcntjul.Zciue§ ia.ssociafcd .~fti:ftie :$~io~siuc Cnfcruntionul_Airport., , -Afnand Sccliou'14.702 us follows:i4,702,270 Acaidcnt Pqtcndel'7.Qne;B (~4E'Z-"B") :Itie.fQllowing us~s ai~e s~ecifice!!y pr`ohibitEd in Accident I?htaidal4aas "B", l: C.hi1d`&ytbei'e ten{er, 9. Menu6ptiued hvmc-paiX . • :2: •Church 16. miitrl; ' 3, CommunityTesidiM'lial:fqcirRy' ' l l'. Nursing lioMc 4. °Commuriity;ficnlmeilt'faoility 12. Participant sPortS'end:tscreation. `Famil'y"dii',-caro proviiiCr, 13. Re6ieodonal vebicle:paitc'.. , 6. tl.;liportpT.helipad . 'ia. ,School~ 7: Hospita4 45. '3peemtor.-ports'faciliry S: Hote!- 1.6. Thczcer • ' Tt'csidenti3lxubclivislon ns'defincd' ' • 4n Chdritcr 59.17 RCNV as wel4as- ~ :residentinl bindine site plans as - . fiiied bi th'e Spoltnne ConntY . ' ;Sabdiv(sion Ordinanee, ; ~ . . 5. ' 13 _ i Intrrlm Zoning Orciinsnce re A RA=bddM 2prt4221 Q I atucAat I~LW i ' 1 1 _ _y a.. ttM Yt S 1{11. Or~~~~1~M ~ ~ . 1 r r I , . f' Y ~tr . J ' ~ ~ • ~ ! K Q 1~~ + ~ ~ ~ ~ ~ Q arrweti..r.~ / ~ ` ~ i~• rrri+w w.rr~ ~r IY Ar 9 rsQL1 ~ ~ M ~ . ~ - 1b i r+a.. ~ A s - °r- - - - ~ u..~ r.r.r.r..r, O r-- , rrfl~~~a..~+ fi ~ . ~ I ■ T _ i ~ / ~ -I t' ` r.r. ~+n.~ rr~ ~f~►r~.~ ~~MIfS ~I ~ - i.~~w..r.~.~.~.r~.r~....rr~~• _ - -i-L---- - _ _ ~ ~ ~ 1 ~ ! ~~w. • - ~ ~ r ~ • • ~ 1 ,;l ' , a : . t ~ I : J. " - - - ~ ~ - - n""' - u t ~ u „ ~ . ~ ~ ~ - ,i A. . i ~ rMrats-:.$ ,t f ~p _ r ~ tti r.rlrr y. q~~.r O.w a~~.r r fr~I r n~tr ~I~r ~ • Y M Spokane Coanty Building aad Planning ~ `r .,,........~.....M .....i.,.. ~ ~ ,r..V. ~ L►~I1rs~1f~1rVq/1MAI rarlY~^~~~~r~~R ~jQL1Qt CiTY OF SPOKANE VALLEY ~ Request for City Council Action Meating Dabs: February 28, 2006 kam: Check all that app(y: ❑ consent ❑ o1d busfness ❑ new business ❑ publlc hesnny ❑ infarmation ❑ adrtdn. report N pending iegislattan AGENDA (TEM 'fiTLE: Second Read(ng: an ord(nance amending 5VMC 10.30.060 by amending Chepter 14.702 A(rport Overlay (AO) Zone !n the vicinfty of Feits Fteld, GOYERNING LEGISLATION: RCW 36.70, SVMC 10.309.06 PREVIOU3 COUNCIUCOMMISSION ACTION TAKEN: City Council wes briefed on :hs fnconsfs;encias betvoaen tha itlterim Alrpmt dverlay Zone reguief3ons, stete gufdellnes and federal reguiatlona on September 20, 2005. Planning Commfsslon received e presentation by the WSDOT Divfston of Aviation on the requirement9 on Qecember 8, 2005. Plenning Commissfon was briefed on the proposed amendments on January 12, 2008, and held a publEc haaring on Febn.rary 9, 2008. Planning Comm(sslon rocommended approval with minor amendments. On February 14, 2006, Ciry Cauncil advanced the proposed ord(n3nce as rocommended by the Plenntng Corrtmission to a second readinQ. BACKGROUND: r' Felts FEeld is located adjecent to tha City of Spokane Valley. Approxlmately 10 acros of the airport is lncluded wlthin the City's corporate limits. Propert}r adjoining the airRort is generally tully developed and zoned {ow denstty residontfal and fndustrlal. fefta Field is a public reliever eirport primarily harxipng general avlaNon. As such, it is regutated pursuant to Chepler 77 of the Code of Federa! RegulaUons, 5atety and halght regulatlon is esiabHshed by federal regulation based an the length af the runway. Faderal requ(remenia are generalty overseen by the WsDOT Dlv{sion of AviaUon. The propased amendmont brings the atrspacfl hazard planes into oonformance with fedsral rsquiremenfa end aiso eatabllshcas fand use compatfbifiry zones restridfng cerfain land uses in proxlmity to Felts Heki. A Determinadon of NoR-Slgnfflcanca was Essued an December 1, 2005 w[th comments duo not (ater thon Jenuary 15, 200(3 and a draft proposal was submt'tted to CTED and oiher agencies ftx ihe(r revlew on December 3, 2005. OPTIONS: 1. Repeal Chapter 14.702 fn its snUraty. 2. Approva. 3. Provide staffwith dfrectFon conceming additfonal amendments. REC011hMEN0ED ACTtON OR MOT10N: Move to approva ordlnance 08-002. BUDGETIFINANCIAL IMPACTS: Nono. STAFF CONTACf: Marinp 5ukup, A(CP, Community nevefapmant U(rectcr f ATTACHMENTS: Drait Urdinaiico, Cornment l.ettcr'A'sDUTDivlsion of r1-Q,:ation . . ; . ' O ~ Phili Kgd 55 F P'rui 'iI: explained that he has an offica At 720 N Acgonno, that someono recently drove into his building, tliat fortunatcly -no ane was huft, and he thanked the Sheriff s Office, Police Department, and Statf; Patrol for their re:sponse to thu incidant, that the parpetrator was taken to jail but wxs later ceEcased; that he feels the enforcemunt arm in the eommunity is strang but the justiec system ner,cls hslp es the man who was released hbd four court dates Far other offerises, and that Dr. Rudy is , intarested in tonight's court repart. . I James W Pantfsleo F 10414-Holinen Road: regarding thf; neighborhaod chapter, said if ihis chapter ~ inerges into another seotion, there won't be s neighborhoad progrAm at all as it will ba lost. Mayor Wilhife inviteri fiirther publie comineuts; no further commonts were offcred. , 1. CQNSENT AGEPinA Consists of iteins cansidared routine which ace approved as agroup. A Councilmember may remove an it,ean from the Conse6t Agcncln to be considered scsparately. a. T'ollowing elairu vouchcrs: . VOLFCHER LIST DATE V()UCIIER #s TOTAL V OUCTMIt A.iVqOLTIdT February 10, 2006 3575-8617 $162,993.85 February•15, 2006 8618-8654 • $609,354.31 GRAIv-D TOTAL $7?2 348.16 b. Payroll for Pay Period Ending Pehruary 15, 2006: $146,775.99 c. Approval of Minutcs ofFebruary 9, 2006 Specia! Council Meeting d, Approva.l of Minutes of Fcbruary 14,2006 Regular Cauncil Mee:ting O It was nwved by Deputy Mayor Taylor, seconded by Councilmeniber 17eY1emiflg, and unanlrnously agreed to approve the consent ageyrda. N.F,N BYISIlVTS$ 2. Second. eadin P cd Ordinance 06-002 Amendin Ai ort Overla Zo e- ZvIarina Suku After City Glerk BF►inbridge read the ordinitnce tide, it was moved by.Deputy Mayor Taylur anri secanded by Councilnwmber DeYlem:ir:g, to npprove Chdiiusrcce 06-002. Community IIevclopment Directar Sulaup mentioned that nothing in the ordvianca has changed sinca the first reading, bowever, thc lower,shacled portion of the map wil.l be removed, whicli is wned 3 in tho land usa campatibility, it showed 2(r from the centerline of the runway rathcr tisan 30, that will bc removed; as that was the reconiinendatian of the Planning Commission. Council stated no objection. Moyor Willute invited pubiic enmmeuf; iio eoinments were otTeced. After councii c4snmended staff's work, the vote was,taken by acclamxtioi): 2'n . 1%pvor: Urranrmvus. Opposed: iYnne. Abstention.s: Arone. e4latton cm7ied 3. First Reading F1~5?posed Ordioancc 06-QQ3 t\mcnclinR Certain S"ons NTuin ared 14 of the Inte~ . ZOnine Reaulatians - Car}+ Driskell • After City Clerk Baisibriclge read the ordinance title, it tivas moved by Depury Ali2yor Taylor mscl secoisded . 6y Councilmember Mwtsan, !o suspend the rules mrd approve ordlnance 06-003. Taeputy City Attorney . IJriskell cxpla,ined that this is a housekeeping issuB and cleans up some tfiings the City has already supcrseded, and the Amending will make the Code mora consistent. Mayor Wi[hite invited pttblic conunent; no commclrts were affered. Vote by ~Icclamatioti: In f%avor: Unanrmous.. Op~secl.• ~Yone. Abstenuiorr.s: Non~. Idvtiuil carriecL Council bleeting. 024-06 Page 3 of 6 Approved by Council: 03-21-06 . • . • . . • ' • . . . . • i CITY OF SPOKANE VAL.LEY 'Request for Cify Council Action - Meeting Date: February 14, 2006 . Ibem: Check all that apply: E] consent ❑ old buslnzss ❑ new business CJ pubiic hearing ' ❑ information ❑ admin. report Z psndfng fegistaflon AGENDA ITEM TITLE: First Reading: an ordinance amending SVMC 10.309.06 by . • amending •qhapber 14.702 Afrport Overlay (AO) _Zone tn the . vicinlty of Felts Fietd.' ~ GOVERNING LEGISLATION: RCW 36.70, SVMC 10.309.06 PREI/IOUS COUNCIL/COMMISSION ' • ACTION TAKEN: ' City Council was brisfed on the inconslsfencies befween the fnterim • AirRort Oveday Zone regulations, state guidelines and federal reguiations an September 20, 2005. Planning Commission received a presantation by the WSDOT Division of Aviatian on #he requirements on becember a, 2005. Planning Commission was briefed on the proposed amendrnents on January 12, 2006, and held a public hearing on February 9, 2006. BACKGROUND: - , • . Felts Ffeid is lacated adjacent to the City ef Spokane Valley. Approximately 10 acres af the airport is included within the City's corporate limits. Praperty adjoining fhe afrport is generally ' fully,devefoped end zoned low density residenilal and industriaL Felts Field is a pubflc rol{evar , - airpart primarily handling generai avlatlon. As such, it is regulated pursuant to Chapter 77 of the Code of Federai Regulations. Sailety and height regulation is established by iederal reguEation . based on the length of the runway. . Federal requlrements are generally oversean by the WsDOT Division of Aviation. ThQ propased ' • amendment brings the airspace hazerd pianes into conformance with federal requirements end - also establishes•fand use compatib9lity zones restricting cerfain land uses in proximity to Folts FieTd. . , . , A Qetemiina#lon of Non-Sign'tficance was issued on December 1, 2005 writh comrnent5 duo nat ' later than January• 15, 2006 and a draft prapasal was submitfed to CTED and'other agenctes for their review on December 3, 2005. • • OPTIONS: 1. Repeal Chapter 14.702 fn its en6irety. 2. Ap.prove amendments as submitted, . 3. Provfde staff with direction conceming additEanal amendments. RECOMMENDED ACT[ON OR M07lON: recommend approval of Spokane vairEy Ordinance No. 06- xxx amending SVMC 10.309.06 by amending Chapter 44.702 A(rport Hazard Overlay (AO) Zons in the vicinify of Fefts Field.`: - BUDGET/FINANCIAL IMPACTS: None. ' STAFF CONI'ACT: Marina Sukup, AICP, Community Development Directar ATTAC.HMENTS: ' . DrafEOrdinance, Comment LetterllVsQOT Divisfon of Aviation, Sound Comparlsons _ • - ( _ . . . - - . _ , . ~ ~ ~ - Gotim2rnrn, secondod hy Depttty Mayar T'aylor, und urumtnaously asreed to apprave the minutas cu . chatigect NEW BUSIlVESS ' 1 Uit 1 Interim oning- Marina Sulcup i . 2. Second Fteading Froposed Ordinance 06-00 After City Clerk Bainbridgc read the ordinavec title, it was moved hy Depirly M~ayor Taylar urrd seconded hy Cotmcilmen:ber Munson, to upprove Ordfnance 06-001. Cqmmunity Development Directar Sukup . cxplainecl that other than the rivo previously noted correetious in the Findings of Fact, e.g. the corrsct district number for Vera, and the date, no chauges have bsen made to the ordinance. Mayor Wilhite inviYed public comment; no comments were ofFered. Yote by Acclamation: In lavor: thzairrmaur. Opposed.• Mane. .4bstentinns: Abne. Motinn c.crried _ g~--ese~~inanes.8 •~►:e-~~Fes~s-~jest~e~ . ~'reviously rcmoved from the agenda. 4. I'irst Readin~ Froposed Ordinar►ce 06-003 Amending Aviatiott Area - hiarina Sulnan After City Clerk Baiubridse read the ordinatica title, it wcfs moved 6y Cauncilmember Mearson and seconded, to ddvance tlte nrdinanee tv a second reaclrng. Commwiity 17cvelopment Director explainal that Council was briefed last fall on die inconsistevcies between the intsrim Airport Overfay zone regulatinns, state guidelines and tlte federal regulatians; that the Plauniug Commission was UrieSed on the proposed amcnclments to t}iis ordinaned, they held a public hearing Fcbrusry 9, 2006, and prior to that received a prusentation by WSDUT Division of Aviation on the requiremeuts. Ms. Sukup explained that the proposed amendmeiits will bring the airspace liamd ordinance into conformancc wifh feleral . requirements, and establish land usc compatibility zoncs restricting certain land uses in proximity to Felts Fialcl. Ms. Sukup addad tbat tho Plannuig Commission aiso recommcnded the deletion of "medical ~ fscilitic&" as found on page 6, subsecdon lv. CQUncil concurred to delete "medical f'aciliues" as mentioned above, and on the "prolubibed uses" table, to add a lina indicating that the "dot" indicated the usa is prohibited. Vlayor Wilhite ulvited public camment nick Behm 3626 S Ridteeview Drive• 99206 said be is impressed with thas ordinauce; that although Felts Field only hes a small portion iu Spokane VnDey, our City and the City of Spokane will benefit equally. Mayor Wilhite invitad furtber publia comment; uo further commeitts were offersd. It was nwvecl by Cowrcilmember Alurrson and secanclecl, to anrend tlre mvlton to lnclude the removal of . the lerm "medical facililies. " Vote by acclamalion to rnnenri the motfon: bt Favor: Urrarrr»iau5; Opposed: A'one. Abstent3ons: None. '1'Kntinn curried. Yote by acclrrmatroil to advarzce the ordrnance to a secarut reading witJ: the chcn:ge of deleting the ivurcls "mediccrl frerlities" us found on page b, subsecfiun 1 e; In I'avpr: Unanimous. 4pposed: 1Vone. Abstetitions: A'n»e. Mvttott carried. S, Ntotiun Cousideration• ►vTemoravdum of i.Jnderstatidinbt with Spok inc Caunty ReRarding2046 Sewer C nstructioii Pe am - Ncil Kersten !t was nrnved by Courr.ci!»tember Munsan and secoptded by Deputy Mayor TayTnr to authorize the Clty _ h-frnirrger to execute the Afienrormufum of Autitorttie.s with S'pokaite Caunty far fuil-wldth puving costs crssociuled ivith Spokune Caunty's 2006 Sewer Cunstrciction Program. Public Works ]?irector Kersten exQlaiiled the paveback program as pez fiis accompsnying 1'e•bruary 8, 2006 memorandwn, mentionctl that the adoption of tizc 2006 Uudget includes funds for full-width street paving associated with the Calinty's Sewer Prqgrsm; and erpl4insd the projects iavolved, estunated road improvement costs, and ostimated drainago improvement costs. Mayor Milhrte invited public commant; no comments were offered. Council discussion included mention that fiill-width paving will not be dane automaticOy every year; • that the dollars are well speni; contingcncy fuuds; not vranting to send the wrang messago ta the voters ' who voted agaivst such a policy; 1nd reasonable bids. Vote by .4cclamation: .lrr .A'mor: ,Lfayor 6i'itlrite, J • 02-14-Ob Page 3 of S Council ivie~ettng. • Approved by Council: 02-23-06 . . . . i . • • . _ , . - . ' . CiTY OF SPOKANE VALLEY 'Request for Councif Actioti ' Meetfng Date: Sep#ember 20, 2005 ' Itcm: Check all that apply: ❑ consent ❑ oid business ❑ new busirtess ❑ publ9c hearing 0 Intnmration El admfn. report ❑ pending legislation AGENDA ITEM TITLE: Adminfstrative Report: Airpflrt dverlay Zoning - GOVERNING lEGISIJAT[ON: RCW 36.70, Spokane Valley OtYiinenoe 03-53 PREVfOUS COUNCII: ACTtON TAKEN: Interim Devefopment Regulatfons Spokane County • Zoning Code Sectfan 14.702 BACKGROUND: . Ten acres of Felts Field is located within the Spokane Valley limits. Felts Field is owned jointly . by the City af Spokane, Spokane County and the Airport Board as tenants in common. . SRokane Vafley executed an' egreement acknnwledging the adopted Airport Master Plan in '2004. AirporE Overlay zoning Is intended to protect public alrporfs from encroachment by•nafural or man-made hazards vrhlch would create unrea,sonabie safety hazards for aircraft. The purpose of the report is to expiain the present alrport overiay zoning and to seek Gouncil direct9on conceming possible changes. , , OPTIONS: Ingormation only. • RECOMMENDED ACTION OR MOTION: Infomration only Bl1DGETlFINANCIAI, IMPACT5:• None. STAFF CONTACT: Marina Sukup, AICP, Community Qevelnpment Director ATTACHMENTS: • Presentation ' ' ~ - • . • E . • , . . . • _ , i t _ • , rclation to aur possible futurs programs. Iv1r. Jaaksan also remiitded Council thal the Plan is ffexiblo, and there will be fuhum opportunities for further public input • 6_A~} le~v3v Ri~ht f waY Transfcr Discua5ion -Neil Kerstet~/Ca~y Driskell • Public Works I7irector Kersten sta#ed that he n:lnyed to Spolcane County, the City's conccrns abnut some of lhe issues involved with taking nver the Appleway right-of-way, which issues were contained in tha draft quit cinim deed. Dcputy City Attorney Driskell said that he has contacted tho Caunty's IegaS _ depaTtment oa tUis issua, xnd whiie no response has been reccivcrl yet, the County indicated they hope fo . have sucM by the joiut Septembar 29 meeting, Mr. ICersten mentioned that he and Rass Ke11y laave discussed the property nnd tfio possibility of pmts; and that they continuc to wotic out the details so tnis can bfl discussed further at the upeoming joint County/City moeting. . 7 AppILviM a - Catv lariskelUlVeil Kersten F'ublic, Work317irector Kerstcn guve a brief overvicw of what was pre9ented previously conaerning Signs on Appleway, an what we can and cennot do regtvding tha blue signs, and what migfit we do in terms of other forms of cooimercial advertising in ihe right-of-way if that is Council's pleasure. Mr. Driskeil mantioned his backp'ound infonnation, nnd corrcetett a mis-statemeul in the packet that tha sign code . actopted by tfie Gity did not contain tho definition of wh1t an af£eial sign is, but that is not the cusc ss ttte ' definition is included. AtWrney Driskell then went through his FoNvarPoinl presenlation. CounciUsta$ diseussioa iucluded that C;uuneil could inake ihc poliey choice to. aliow eammercial advertising cn t#ie rigllt-of-wny; the sign aomuiittee could be askui #o explore other options; tha option of huing a design consultflnr, giRing of pubtic funds; use ot signs fur dEreciaonal purpose; makiog the sigos more readable witlaout necessarily advertising the busines; es; huw to determine wlin gets a sign aud who daes not; and the process of cliarging the cost of the sign. It was debermincd that tl3e Sign Committee will be invalved in bringing Uack n recomniendation to Council, and mcmbers bf tbat committee will bc asked to ~ dcteroiine A timeline of when this issue can bd re-adc3ressscl Uy Council. . Mayor Wilhibe called for a. recess at 7:33 p.m., and reccmvened the meeting at 7:44 p.m. ' 8 Air~ortOverlay Gone - NTaxina Sukun ' Community llevelopment Dirccior Sukup explained that dia purpose af this discussion is to explain the y prese:nt airport overlay zoning and to seek Counci) direction concerni.ng possible changes. She explained tiiat this issue canue up bascct on EL protest fi•om a- property owner who wbntcd to build a buildiag and did . not want to give a navigatioii easement Ms. Su3cup, in goi»g through her YowerPoint presentation, cxpl8ined diat differant rules apply for Felts F+eld and N airchild Air Farcc Base; and she added ihat at this poiut slie has not been able to discuss this issue with tho airparl manager, and aeecis to confirm the federal ragulatians unless there are specific irregulflrities with Felts Field. City Attomey Connelly added . that while he has nat coniparecl tlSe tlvci different type;c af airparts, hg Nvill research to diY,roves t6e IIllllllClURI Std17LIflTC13. It was aLso tnentioned that thc A.irpqrt Baard, xlang witli the aizport nianager sltauld bs consutted. r'1s. Sukup stzited that if thcrc is a requirement for . navigation for development, then thera mAy also be such for ail devetopnient and not just eotvntercial development. It was dateriivned tfiat smff . will conduct further research by chccking witb the airport, thc airport board, anci federal'regulations. 9 Commanicatinn infrastructiare Ad'Hvc Cnmmittee-Mayor VLilhite Mayar Wilhitc explained tliat at Ehe August 30 council study srssion, she suggcsted forming a citizen Acl Hoc Committee to acldress anc oF Gouneil's goals, that of eommunication infrastruotun:; and dhat it was suWsted Council uiight want to cnnsider writiag a rnissinn stE►tement for such cnmmittee. Mayor \'Jilhito explainud that she did not recejve any suggestions f.rom councilmemUers, and there£ore Pmposcd !he following mission and vision statemenrs: Mission, to map the current telecatnruuuications infrAStnichrre in Spokxnc Valley and develnp a plan on how to provide both wire Esnd wireless - communications within our city lim.its; Vi*n: positiou Spokanc Valley as the community of choice for ~ . , • Stndy Ses,aiun hiinntzs: 04-20-05 _ Page 3 of 4 Appmved by Com!ci{: 10-1 l-OS ~ . I - S Washington State nviatronDr.ision ' v7AF Department of Transportat ion 3704 172nd srre0t, sutm x2. Dou las S. MacDonald P.o.Booc3~367 9 Secretary oF Transportation Arlington, VJashEngtnn 98223-3367 360-651-6300 / 1-600-552-0666 , Fac 360-651-6319 1'T'Y: 1-800-833-6388 January 31, 2006 _ w.'+w.wsdo6.wa.gcv Mx. Aavid Crosby, cnair Planni.ng Commission . . ' City of Spnkanc Valley ' . 11707 E. Sprague, Suate 106 ' . Spokane Valley, WA 99246 RE: 1'roposcd Airport Haz:ard Overlay Ordinance ' Dcar Chairmaa Crosby: . Than.k you for the opportunity to eomment on the proposeci A,irport Hazard Overlay Ordinance. The Washington State Department of Tr~nsportation (WSDO`Q Aviation Division supports the proposed amendment. `TITe believe it i.q an important step in , . protecting Felts Field Airport from encroachment by incomgatible development, and will , help preserve the viability of the airport in tht: fuhue. • . WSDOT Aviation works with local communities across Washingtvn State ta encourage a . balance between preservatian of transportatibn i.nfrastructure and quality of life. in 1996, the Washington State I,egislatuxe amended the Growth Vianagement , Act to require.all ciCies and counties, to protect airports from incompatible land uses thtough comprehensive plaouing and developn.lent regulations. Through the Airport I.and Use Compatibilicy program, WSDOT Aviation provides technical assistince to help jurisdictions camply with the law. The city's propASed Airpart Haz.ard Overlay Wi.ll help protect the airgort from - encroacbment. The amendment i.niposes height lim.its near tha aiiport to improve safcty, and limats land uses that m.ay inter.£ece with airport operations and contribute to -health - an.d safety concems for tihe community. 'GVe reeommend the city inelude its land use compatibility and airlsart height hazards maps in the comprebeasive plan to reinforce their ixnportance. To ftu-ther enhance the:se pmtections; the city vill be working with the . Spokane A.irport Board on tlxe easement/covenant/clisclosure notice i.n coming motiths. . We support this coIlaboration and look forwai•ci to working with both parties. ' 'I'hese protections are importank for ihe airpart, 1 ?vhicli. suppbrts a'variety of aetivikie.s and , is• 'iY signi.ficaiit econcimic resoi►rce for fli'e 'cegion. For examp.l.e; several busiiiesses arO located an airport property, proyiding aviati,on servic:es uicludiug flight schooUflight traihiAg, aiecraft rental and saies;: aviation' acxessory and pilot supply sal.es, sightseei.ng ' tours and ehartex, and• ai,rcraft inaintenanee . aud modifieatia.n. In aciclition, Spokttne i-- , _ ComLnunity College operates its aviaNon maintenauce progrrun at k elts Field. Tn total, . _ i , . • i i . Ivir. David Crosby . January 31, 2006 - Page 2 ' . approximately 300 aircraft are based at the airpork A study conductecl vy WSDOT in 2001 estimaxed that Lhe airport genezates $16S-million in total annual sales oufiput. Thank you again for the opportuniity tio comment on the proposed amendment. Adoption ~ o£ the••Airport ITazard Overlay will belp pzevent fiahue encroachment of incompatible . ]and uses and protect the ogeration of Felts Field. We offer our continued technical assistance to address avidtion issue,s and Iook farward to wnrking with the city in the firture. • S incerely, ' ~ Kerri. Woehler . . . Aviation Planncr Cc: Nlaruia Sukup, I7.irector of Community Develo,pmentll'lanning , Davici Crowner, Spokane Eiirport Boazd • Dee Caputo, VJa9hing,tion Stata Deparknaent of Com.munity, Trade and Economic • • Devetqpment . ' J ' i SOoKme ~Valley 11707 E Sprague Av$ Suite 146 ♦ Spokane Vat'ley WA 99206 509.929.7OCC # Fiix_ 504_921, 1008 4 tityhasl@sp4kaneual(ey.org Informational Memorandum To; David Mercier, Ctty Manager and N9embers of City Councif Fram: Mike Jackscrn, Deputy City Manager Ste+ve M_ Worley, P, E, -SenROr Errgineer (CIP} [}ate: January 2, 200$ Re: Project Status Repart - Swimminug Pool Upgrade Prnject Dl•:.S[C:fV DOCLiMEl1fTS rh~.-' dt4IgR {7f the Sw'IlZ1IIYlIl~,T PC1o1 Upgr~de5 Is [1t2SIIEg Ci)St7plett[}ll. The pPC}pi3$ed adlditions ko eacki af the City's t}rce p•ools inciurie: Park Road Pool: Waker Slide Valley MissiQti pc)ol: Leisurel"I'raining Pool wi Zero-Depth eirtry Terrace View Yool: Lazy Rit•er See attached G~py of ane plaii sheet from each of the rhree pools. The construction plans, ~pe ci.fieations an.d estitriates ar~ scheduled tv be campieted by the erid ot'the year t~ROPOsEa PRcaM-7-I• SCHEnUi.E Bid advcrtisemenl: January 4, 2008 Bid Opening; Fcbi-taary 1A 2008 Contraet Awa.rd: Febniar;r 12, 1-008 Construction I3egins: March 10, 2008 The eontractors schedule wi1l be to complete the imprc►vements to the existing pools and balhhouses withi.n 90 dzys after Notic.e co Proceed is given. The ac3clitaons to the pocals I~ (water slide, reisureltrainif7g poot, Iazy river) must be conipleted within 150 +dziys (approxzmately 5 Rxnaitkis) after Nofice tu Froceed is given, CCJRRN:[V1' T'ROJEci' ESTI141ATF, Attached is themost recertt estirnate for the pot?I upgrade project. The base bid ineludes improvements to ttic exssting pools and bathhou,ses along with the additinnal features listc;d ahove. The aclditionaI items listed will be bid as ~dditive Bid iteans. Ttiis aIIov~~s Council to seleat tht~se iterris that caii bc included within the hudget after the base bid ha.s heen detertizined. F'lease let txs know if y"ou have any qucstions. 'Fhazks, Swirnming Rvol Upgrades - Projec# Estimat+e Deiginal F'roject Add'otional Total Project Estirraa#e (t?RB) Costs Eskirnate Design ORB Contracl - Rool aesigras Phase I - Puboic Input $ 21,565 $ 21,565 Phase II - t?esign Devefop~nent $ 54,625 $ 54,625 Phase II] - Constr. []c3cuments $ 59,825 $ 59,625 Phase IV - Constr_ Admirr. $ 60,896 $ 60,896 SubQotaG - 196,711 $ 196,711 C7RE3 Change Ort1er #t - SewerJ'Nater $ 4,000 S 4,000 fJSKH Cnntract - Topo Surveys $ 7,931 $ 7,931 kJtiliky Locate Contract $ 3,0410 $ 3,000 Des%grn Sub Total $ 796,791 ~ 14,931 $ 211,642 Cons#ruction Exist. Pool Upgrades ~ 242,243 $ 242,243 Poal Additidns $ 953,858 $ 983,858 Table, Chai€s, Shade Str'uctures s 15,004 S (15,000) $ - SewerA!'tifaterWark S 50,000 $ 50,000 MetaC Ftocaf - VM S 24,000 $ 24,000 Undergrounding P'ovrer $ 23,000 s 23,000 Special Inspections $ 45,000 $ 45,000 SaIes Tix (8.6%) $ 106,735 $ 1{},922 $ 117,657 ConsV. ,~dmin, 101,fi52 $ '7s,000 ~ 176,152 Constructdan Total $ 1P448,988 $ 212,922 $ 1,669,910 PRC)JECTTOTAoL $ 1,645,659 $ 227,853 $ 1,873,652 Additianal Iterns Building Exterior Laghting ~ 34,Q4D0 S(3Q,01C10) $ - Adci. F'aol []eck, Qr°afns & Fence $ 48,000 $ 48,000 Plant Add_ Shade 7'rees $ 15,000 $ (15,000) $ _ More Interaetiwe Play Equip $ 30,000 s 30,00[] Upgrade 5ite SecWrity Lighting $ 45,000 ~ 45,000 More `fiables, Chaifs, Sh.ade Struc, 16,000 $ 15,000 $ 30,000 S - SaCes Tax (8_6%) $ 15,738 $ 53,638 5 69.376 Saft CGs#s (24~~'d) ~ 43.920 _ - - . . Aciditional I4erns Sub Total $ 242,658 $ 23,638 $ 222,376 PROJECT TOTAEL w! Add. IteMV.` $ 1,888,357 $ 261,491 $ 2,095,928 Nates: 1) Pcoject T€stals differtrtsm CsFtB's beeause khey used a 23'IG tax 2) Table, Cha9rs. to be purchased sap-areGe from c.qr.qlru,-'°4n contract ProjeCt BUdge# Spokane County Funds S 1,600,0047 Parf{S ~apItal PfOJeCt FLUflds $ 95,0170 (far Sewer~'4"Jaker C,'pnclecGidrls, Security L;:ghtigg1 C4fltIflgEf~cy FRJf1dS $ 3(}0,000 Total E3uCJget $ 1,995,000 12-21f2007 J-0 ,e.......i~~a.-~ FLAGMOIF.$ ~€laecessuzn t i rClRau•mMaMnv.cnnW►rnc alruAW ° ~ren¢ ~~w a ~ etEVuna.a. nMnrs crc a+a+AN arH*•r Q ta 9crr aa vi.s r'OU wucaa.c6 m cnGc ~ owr.r✓J9wnEowad~~niaenCmwtAnr4pt s~~ oN rn.cr wwca. ~ SO r1'[9ECTPAM1tI/C1ltC0~ROfN EQx-%`--~)0~ k-~t \ ~ OG1KbA7•ElLTI ]O Wi1KAECOHCIU!i4JMARGi1GiJU1Lq ~ ~ 1,'41'AT91:lC1[Y[4iLRtC~- 6plW.l tPOM / OGLGN CM'NN.] USC A FYfCF[N ~Elh1'A110K o~-O,t~,M ~ p urr K ~ ~~DC~ .pz; G4GV ,ma, ~ o•r~b ~ , ~ rwovice roc~ ~aL wxar ro unta~ ousr ~,z p„3m nrChltec[e eQ ~~T~ssa►eaExnamecewOAsttEVOfoa I~ P a~ Wkv mravrr~eyv.by T,' 9.0+% W.t6M7 Q PROY.'OC/'Wp'iNf.E6GIC^.119lilOlLN l ~ 'GVA6lItl' O.l'1~`• M.TEI'OMlE90Y00L OCCMA~Nti ~L~L I 1.~7MA• SRVe ~.R IS~U►tM0 fCNCCII,RAl~Yr6 EYpT CN~61M x ~ I - ~ ~ • N~~ ICI ~qCF A M£Sf tlt10 ~nCUT! i~&+6iF IU swe mcS cntwcrie)as~wC6mrnrew.~oowr.fiaio I ~ eriao oaarwn cwraqae~u k K ~ ~ r ~ .Arn eQ xxanGIGLA0a1luvlGA9FEODfplnt'n'NO~1c e ~w ~ tvno7 ~ ~ / 0 T. ~,&M ,o . . . i ~ imdFFrJ;iPYCOIY.WIiMM LGCMR00Y0YCI1Gt1 ~ ^ • , _ . ~w.~.~ ~ miRloGOaY WE1110CA1C[T'JCROOMW Rl9ml' ~ 1 . 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BACKGROUND: In January, 2007, the Council adopted new procedures for appeals of administrative determinations relating to dangerous dogs and potentially dangerous dogs. This . became necessary after the County Commissioners advised the City that they would no longer hear such appeals for the City. The City operated under these procedures over the past year. In early December, 2007, a ~ Spokane County Superior Court judge issued a ruling on a City of Spokane dangerous dog case that caused us and Spokane County to look at our code provisions relating to such appeals. In essence, the Court ruled that the City of Spokane's code did not provide sufficient due process because it was not clear what rights an appellant had to review the evidence prior to the hearing, and it was not clear that the City has the burden of proof to establish that the administrative determination was correct. In reviewing our provisions, there may be room to challenge on the same basis. As such, we advise amending our appeal provisions to clear up these ambiguities. OPTIONS: . RECOMMENDED ACTION OR MOTION:. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Recomrnended code changes. ~ 7.30.035 lleclaration of daogerous dog detcrmination - Appeals relating ' thereto. • A. When the animal control director or designee has sufficient information to determine tliat a dog is dangcrous as defined by Spokane County Code Seclion 5.04.020, t1le animal contTnl director or designec shall makc a prel'uninary declaration that the dog is dangerous. 1n the event a preliminary determination is made that the dog is rlangeraus, animal control shall notify lhe dog owner or kceper in w7ituig, either by personal delivery, or by regular mail and ceri:ified mail, return reccipt requested. Any notice or determination mailcd pursuant to tlus section sha11 be deemed received by the party to Nvhich it is acidressed on the third day aftcr it is placed in the mail, as set • Farth by dcclaration of the sender. . B. The noticc must state: 1.1"he statutory basis for the proposed action; 2. A description of the dog for wluch the declaration is sought (breed, color, sEx . ancl license ntunber, if any); 3. "I'he rcasons the anunal control director or designee consiciers the animal . dangerous; 4. IP the dog has been determined to bc dangerous, tllen the controls stated in SVMC 7.30.045 shall apply; and , 5. An explanatiQn of the owner's or kecper's rights azid the proper procedure for appeali.ng a declaration that a dog is dangerous, including an appeal fornl. C. Administrative Review After Preliminary Aclministrative Determination. 1. Prcliminary Determuiation of Dangerous Dog. Prior to thc animal control director or desigtiee issuuig a f.tnal determinalion thal a dog is dangerous, the animal control director or designee shall notify the owner or keeper in writing that he or she is . , entitled to an oPPorhinitY to meet vvith the animal control director or designce, at which administrative review ineeting the owner or keepcr may give, orally or in wrilang, any reasons or infonnation as to wfiy the dog should not be declared dangerous. The notice shall state the date, time, and location of the administrative review meeting, which shall occur prior to the expiration of 15 calendar days following rcccipt of the notice. The owner or keep€r may propose an alternative meeting date and time, but such administrative rcview ineetuig sha11 occur w7thin the 15-day time period set forth in this section, and shall be on a date and time acceptablc to the animal control director or designee. 2. After such administrativc reviEw meetuig, the animal control director or designeE shall issue a final detennination, in the form of a written orcler, vvithin 15 calendar days of lhe administrativc rcview meetuig. In the event the animal control director or designec declares a dog to be dangerous, the order shall include a recital of the authority for tlle action, a brief concise statemcnt of the facts that support the deterinination, and the signature of thE person who made the determination. 3. An order declaring a dog is dangerous shall be delivered to the dog owner or keeper in writing eithcr by personal delivery, or by regular mail and certified mail, return , receipt requested. D. Any dog that is declared daugerous by the animal control director or designee, whether prelimulary or final, shall be immeciiately itnpounded until the owner or keeper registers the dog as dangerous in accordance with SVivIC 7.30.045. The oNvner or keeper will have 15 days From the date the dog was dcclared dangerous to register the dog or appeal the determination piusuant to subsection F of this section. If the owner or keeper fails to register the ciog or appeal the determination, the dog cuill be euthanized at the direction of the auunal control director or designee. If the owner or keeper appeals the dangerous dog declaration, as set forth iri subsection F of this sect7on, the dog will be helcl pending the outcome of the appeal at the shelter at the owner's expense at a rate established by the animal control authority. E. 'I"he ovvner or keeper of a dog subject to a declaration that their ciog is danberous niay appeal the final ~NTitten dctermination to the hearing examiner within 15 days after issuance of the decision by filing a notice nf appeal with the auimal control authority. The hearing shall be held within 20 days aftcr receipt nf the notice of appeal, tuiless it is continucd for good causc shown. The animal eontrol director or designee shall notiCy the owner or keeper ui writing o:f the date, time and location of the appeal hearing before the hearing examiner, and said notice shall be received at lcast Cve days bcfore the hearin;. The appeal liearing shall be recorded. The parties mav submit relevant testinionv and doctiments, and examine the other partv's witnesses at the hearing. The records of the animal control director shall be admissible to prave that the dog is dangerous• providec! ; cc~,~~I ♦!,v-ii 6, . . $$Ckng-exam}RBr-mtay --Aew-tC3S i . ~ .rccr~.uc ~in'r'-^:~«n • the owner or lceeper of the dag mav requu•z, bv at least two days vnitteu notice lhar the officer compiling the recorci he present at the hem-ine. 'C`hc avvmer nr kecper aPthe doe shall have the rig11t to inspect and nbtain copies of the records prior to the hearing. The burden shall be on animal control direcCor to establish bY a pregonderance of the evidence that ilie dog is a dangerous doe. F. The hearing examiner shall issue a written decision, and mail a copy of the decision to the dog owner or keeper, and to the aniuial control director or dcsignee, wittun 15 days of the appeal hearing. Thc hearing exarniner's decision shall accept, reject or modify the adnunistrative detennination that a dog is dangcrous, and shall include findings o:f fact and conclusions of law that support t11e decision. The hearing cYaminer inay modify the determination that a dog is dangerous to a cieternunation that the dog is potentially dangerous, if the facts warrant, and imposc any of the requircments set forth in SVMC 7.30.240(D). The decision shall be given the effect of a final decision by the city council, and shall state thaC the decision may be appealed to superior court pursuant to Chapter 7.16 RCW Arithin 20 days from the date the decision Nvas rECeived. If the decision upholds the administrative determination that a dog is dangerous, and the dog owner or keeper fails to Cunely rcgister the dog or appeal the decision to supcrior court, the dog will be euthanized at the direction of the animal control director or designee. If the dog oNvner or kecper timely appeals the dangerous dog declaration, the dog will be held pending the outcome of the appeal at the shelter at the ouner's expense, at a rate established by the anunal cantrol authority. ~ 7.30.040 Declaration of Potcntially dangerous dog determination - Appeals relating thereto. . A. When the animal control director or designee has sufficient uiformation to determuie that a dog is potentially dangerous as defined by Spokane County Code Section 5.04.020, the animal control di.rector pr dcsigtiee shall make a preliminary ' declaration that the dog is potentially dangerous. In the event a preliminary determination is made that the dog is potentially dangerous, animal control shall notify the dog ovvner or keeper in writing, either by personal delivery, or by regiilar mail.. Any notice or determination mailcd pursuant to tlus section shall be deemcd received by the party to which it is addressed on the third day after it is placed in the mail, as set forth by declaration of the sender. B. The notice must state: . l. The statutory basis for the proposed action; . 2. A deseription of the dog for which the deelaration is sought (breed, color, sex ' and license nurnber, if any); 3. The reasons the animal control director or designee considers the animal potEntially dangerous; 4. A stateinent that the registration and controls set forth in subsection D of this section may apply; 5. An explanation of the oNvner's or keeper's opportunity and right, pursuant to subsection (C)(1) of this section, to participate in an administrative review with the animal control director or designee to present information on wtiy the dog should not be declared potentially dangerous; . 6. A statement, pursuant to subsection (C)(2) of this secdon, that a failure by the dog owner or keeper to request and attend an administrative review with the animal control ciirector or dcsignee shall constitute a Failure to exhaust all admiiustrative ' remedics, and that such failwe tn exhdust all administrative remedies shall preclude any appeal of the admuustrative determ.ination to the hearing examincr or to court; and 7. An explanation of the oAmer's or keeper's rights anci the proper proccdure for appEaling a declaration diaC a dog is potentially dangerous, including an appeal form. C. Administrative Review After Preliminary Atiministrative Determination. 1. Preliminary DeteTTnination of Potentially Dangerous Dog. Prior to the animal cpntrol director or desigiiee issui.ng a final determination that a-clog is gotentially dange'rous, the animal. control director or designee shall notify the owner or keeper in writing ttiat he or she may request in writing to mcet witfi the animal control director or designee for an administrative review meeting within 15 calenclar days following rccEipt ` ~ of the notice, at which administrative review meeting ttie ovvner or keePer IIiay give, orally or in writing, any reasons or information as to why the dog should not be declarcd potentially dangerous. Once an administrative ceview meeting is requested in writing by the oAmer or keeper, the animal control director or designce shall provide written noticc to the owner or keeper of the date, time and place of the administrative review meeting. Administrative review meedngs may be conductcd telephonically. 2. A failure by the dog ovni.er or keepcr to request azid attend an administrative . review meexing with the animal control director.or designee shall constitutc a failure to exhaust a11 admuustrative remedies, and such failure lo exhaust all administrative remedies shall precludc any appeal of the administrative deternunation to the hearing examiner or to court. 3. After such adinuustrative review meeting, the animal control director or designEC shall issue a fuial dctermination, in the form of a written order, -Mthin 15 calcndar days of the administrative review meeting. In the event the animal control direc:tor or designee declares a dog to be potential.ly dangerous, the order shall include a recital of the authority for the action; a brief concise statcmcnt of the facts that support the determination, and t11e signaturc of the person who madc the determination. 4. An order detennining a dog is potentially dangerous shall be delivered to the dog owner or keeper in writuig, either by personal delivery or by regular mail. D. The owner or kecper of a dog determined to be poteutially dangerous under this chapter shall comply with certain requirements, which may. include, but are not lunited ~ to, the following: 1. Erection of new or additional fencing to keep the dog within owner's or keeper's property; 2. Construction of a dog run consisteiit with the size of the dog within wluch the dog must be kept; 3. Microcfup identification, as set forth in SpokanE CounCy Code Section 5.04.036; 4. Keeping the dog on a leash adequate to control the dog or securely fastened to a sectire object when left unattendecl; 5. KEeping the dog indoors at all tinles; except when on a leash aciequate to control the dog aiid under the actual physical control of a competent person at lEast 15 years nf age; and 6. The posting of the premises with at least one clearly visible wanung sign thac there is a potentially dangerous dog on the property. In 'addition, the owner shall . canspicuously display a sign with a warr►ing symbol that informs children of the presence of a potentially dangerous dog. E. lhe o.wner or keeper of a dog subject to a declaration that their dog is potentially dangerous may appcal the CYnal wc-itten determination to the hearing examiner Nvithin 15 days aftcr issuance of the dccision by filing a notice df appeal with the anunal control authority, subject to the limitation stated in subsec:tion (C) of this section. T'he hearing shall be held wilhin 20 days after receipt of the notice of appeal, unlcss it is continued for good cause shown. The animal control director or designee shall notify the olmier or .i keeper in writing of the date, timc and location of the appeal hearing before the hearing examiner, and said notiee shall be received at lcast five days before the hearing. The appeal hearuig shall be recorded. The parties may submit relcvant testunony and . documents. and esamine the other nartv's witnesses at the hearing. ThE rccords of the animal control direetor shall be adinissible to orove that tlae doiz is polentially dangcrous• provided, the owner or kECpcr of the doe mav require by at leasl tNvo days writtcn notice that the officer compiling the record be pre,sent at the liearin(z. The owner or keeper of the dog shall havc the right to insvect And obtain copies oP Che rccords prior to the hearin. The burden shall be on arumal control director to establish bv a prepondErancc of the evidence that the dog is a potentially daneErous doe. , . a s- F. The hearing examiner shaU issue a wrilten decision, and mail a copy of the decision to the dog oN&rner or keeper, and ta the animal control director or dcsignee, A&rithui 15 days of the appeal hearing. The hearing examiner's decision shall accept, reject or modif'y the admiuistrative detenninati4n that a clog is potentially dangerous, uid shaJ.l include • find'uigs of fact and coiiclusinns of law that support the decision. rhe decision shall be given the effect of a final decision by the city council, and shall state that the decision . may be appealed to superior court Pursuant to Chapter 7.16 RCW within 20 days from the date the decision was received. . , 3 i. 0 ka.ne . S~~o Valley 11707 E Sprague Ave Suite 106 ♦ Spokaiie Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevaltey.org Informational Memo Date: January 8, 2008 To: David Mercier, City Manager and Members of City Council From: Neil Kersten, Public Works Director Re: Prlvate Streets On December 11, 2007 the Councif had a policy discussion regarding the assumption of private streets. Council asked if we had a map that shows all the private streets in . Spokane Valley. Attached is a map that shows the private streets in Spokane Valley and in the areas around the City in Spokane County. ~ ~ . ~ ~ . AwI RL Yr •r~ ~ wr~ ~ ' _ F`_ ~ - I n _ _ ' W . . : Y 4 1w i r`~ ~ ~r ~ i - ` W ~ , ~ j : w ~ s A ~ ' ' Vf+- ~ j. 1 ri 4 ~ ~ ~~s-~" 44 AIL- y I~~ - , ~ n• ~ s ~ - y ~ ` . ! ~ . ` ~ ~ - , ,k,;~~ ~ A~ . F - ti 1 • 1t ~ i i ~ - . I P Y' ~ . ~ , r_ ~ - ; j ~ ~ w i~ NIS Private Roads sv ~ ValEey R0ad5 4 « . J~ ' i 9°rr n. , ~ ` city of SpOkane VaIley . ~ ► , I ; LI)t~l M,iEeage of P1f-f Roafs =36.44Mi ~i► ~ ~ . ' 6 I, . . CITY OF SPOKANE VALLEY COMMUNITY DEVELOPMENT NOVEMBER 2007 MONTHLY REPORT LONG RANGE PLANNING: Pianning Commission The Spokane Valley Planning Commission mat once during the month of November The Pfannirtg Commission continued a puhlic heanng regartiing the 2007 Compreherzsive Ptan Amendments. Sprague/Appleway Revitalization Plan Michael Freedman and Hiro Sasakf of Freedman, Tung and Bottomley conducted a jaint sEudy session with the Spokane Valley Planning Cammission and City Council an November. 20'". Mr. Freedman presentad thfl public hearing draft of the Sprague and Applsway Corridars Subarea Plan and responded to questions Stafl is develaping a public educaiion program that wlll begin in mid-January. City Center ProJect CfearPath, LLC, corrtinues negotialions anth the University City property owners on thv west side of Unhrersity Avenue Staff hes worked closefy with FTB and the Spakane County Library District in creating a master plan for the west side and E3ob G+bbs is preparing a marketing package to deliver to potential developers Scott Kuhta made a presentatEOn to the Spokane Va11gy Chamber of Commerce on November 6. CTEO Reglonal ColleboraUon Grant CD Staff paRicipated in meetings, reviewed work prngrams and coordinated with the Finanr,e Department rn support aF the Regianal Coffaboration Grdnt process. CURRENT PLANNING: Revenue for the F'lannir.g [)c.partment tr,r tha month nf Nnvcmber was $30.7T3 2007 PlannMg RevenuQs ~ sso,ooo - sao.ooo - - i sao,ooo - - - - - - 520.000 - _4-- - _ $10.000 - - - ~ fa ,r.n rer, ius.► Aai nngy J" ,w Aw lw at "2V o.c p R_,rvcnL-i 21)7ib5 Pago 1 ot 8 City of Spokane Valiey i Departrnent of Community Development November 2007 Monthly Report ' During the month of November, Ptanning Division staff conducted 5 land use pre-applipwn meetings and processed 7 home prufession peRnits, 1 temporary sign permit and accepted applications far boundary line adjustments, preliminary and final short plats, and prelimirtary and final subdivisions. 3 publlc hearings were conducted by the Hearing Examiner in November. Planning Division staff also reviewed end approved 3 commercial building permits, conduded 12 commercial pre-applicalion m~~=`inqs r~~ce-ivecl 1 naw p-C-Tlnit arrii~~tirn answ-red 273 nhnne -?lIIS In thf- Rerml r_entFr -ind he!nr-,.i 2007 Permits lssued - - - - - 60 I 40 - - - - - - - - 20 ~ I ~ 0 _ .ian ~ Fe6 I Mar Apr Jun dul Aug ~ 5ap ~ Oti Nov Oec ~ ~ 57 1 13 18 ~ 18 1 2Q 18 t6 18 , 9 9 11 ~i= 2007 I~ I 44 I 25 38 34 I 32 23 T 32 35 24 21 19 50 - 34 - - j _ 20051 41 Z$ 18 - 1 21 I 19 1 B i 22 I 22 45 I 39 ~ 38 - 2007 New Land UsQ Actions i .:o - - _ _ ' 30 - - ~ I 2f1 ~ - - - • _ ~ ~ ~ _ =~a-- I 'o 1an I'eD l.kir A pr t.4~y .lun J41 A uU ~ Sep ~ Oe1 ~ Ndv ~ Dx' 9C=2 2001' 19 27 I 17 12 f 18 15 . 9 , 14 I 1D 17 12 I '~zms Zu +e ~ ao 24 ~s ~ 2s xo ~o o a ' , ~ I f .pW5 16 22 I m 24 1e ~s ~ ze :6 { Ia _ m BUILDIIYG DlVISIDN: The Building Dept revenue for Nov v;:3s w60,+:91 2007 Bullding Ravenuvs s3oo r~o - po0.u00 - - - _ _ ' l-1 20I17 Reww"ea - - - - 11]QJ)00 - - - ' ~ 2008 WC141M!!n 1100.000 20E11S H'l1Ofll1~ ~ ~ MODO I ~ I W Jtn FtD Nr Ap ArY lJ'u J,.II I`iD _^yryt Or,1 ti*. I ec Pane 2 of 8 C(ty of Spokane Valley Department of Community Development November 2007 Monthly Report The Buifding Dlvisfon Issued 248 permits in November 2007, comparpd with 218 for the same period fast year. 2007 COAfS TRUC T10N PEAYf TS - ~OC - - - ~ ' eo0 ~ - _ - - - - - • ~C _ ~ - 7~ - - - ~ .M ~r ,M , •.i. .r~ ri. ' r-- - • • - I~ 7m1+esSA .'L tl] ~l0 r ts I • ~ lY ?N 7Q ' 34 j 717 I ~..._=a.~. s ar ~ so ~ j m ar m ~ 2007 New StrucburosNnils Pertnitted eo - - I eo - - - - - - - - - - - - 40 20 - - - - - - D lan I Feb i Mar M► MdY Ane JWY AL+0 Seo ~ Oct Nov I Doc p New 1 6 2 OwelMp lJntb ! 26 32 --93 - ~ 59 15 .40 ~ 48 • 50 •48 ~67 . b_ ~ ■Mutd-Oemly Wlh - . ~ • 0 • G " ~ u p r 0 i 3- - 0 - 4- ` 0 , ~ p t~,y Cfxr+rt~E~Cj~I S!NCts~2g 1 3 1 t 11 ~ 1 8 11 5 14 11 , 2 ~ The reported value of corstructian, including new structures and additfunsralteration is shcwn in !he followfng chart, comparing these values with 2006. New value fof November 2007 tatals 55,287,256 2007 Vatuation of Constn,ction s~o,oaaocu , 33L.Oaam m,oou,uN I I cs,ma.an _ • .aar va+wsw+ C_"* 2D0641Y1utlM H S WO.OOD , - . - , . ' . 1 ZMWYMqc7 I ~I f1yQma~ 10 ae r.e h+r Alpr W aAr nuo oed oa 'w am I Page 3 of 8 City of Spokane Valley ~ Department of Community Development November 2007 Monthly Report 1 In N~,v=-rrber 7007. Luiidmg ~r~~_pectc•rs pt~it~`nna~~ 938 inspecnon5 in ZZ d,iyLi This :3':7-rag::5 42 134 inspections per dey. The Plans Examiners reviewed 78 projccts m Novemb~er =007 At the eiid of November, there were 29 projects awaiting review 2007 Building Inspections ~ ~ zooo ` - r . - - - - 1000 o I,lan Feb 1 Mar APr Nlar June Juy ug SeQt Oct ~i Nov j Dec I I A-- ~p hspectim o 867 I 889 ~ 1114 ~ 1148 1271 I 1352 I 1203 ~ 1346 787 1295 ~ 938 Z007 II O 20061nspccUonsl BZO 818 ~ 926 I 1039 1131f 1238 1125 1368 1182 I 1281 1105 f 978 ~ I_ 780 841 980 ' 8T3 980 899 884 991 1034 ' 1030 951 788 ?005 hspectio - - - . - _ . ~ l-1 _ 1 There were 285 right-of-way inspertion, pErformed di_inng the monlh of November 2007 CODE COMPUANCE: The number of "Violations Reported' on the lollowing chart refiecis actual Spokane Valley Zoning Co~ie violations, plus complaints raceived which wera not violations. The compleints received are added to the total because they reflect time offcers spent in the field conduding investigations. In addition, the 'Investigated" and 'Pending' columns accurately reflect Code Compliance's current abllity to pmcess anr1 investigate backlag cases. The rollowing chart provides a monthly comparieon of the types of Spokane Vafley Code violat;cn n reported. Volations are reported based on the primary comptaint receivve~d, ratherthan the nurnper add(tional violations identified on any individual premises The investigation of a complaint of junk vehicies, for example, might also result in idantificatian af additionat violations such as the accumulatic,n of trash vr harboring of livestock. These are not included in the summary. A tatal of 60 new compa -jjnts wera processed In November. Code Compllanco Fllns 2007 ; i - - - - . ► ~ ~ Uct- I Nnv Cs'. -.it eG. 61, .`_r. ~.4~y Li.i ~'i- 'J~~I ~T _,7- i7- 5 f1d 7 C7 C', J I ~8 47 I 075 1? 07 i 0 • VlolaDo~a Reparlyd ~ 58 ~ SO 31 30 58 70 71 G[► 33 k 71 60 TA 68 I ■ temenb !4~ 30 1~ a2 ~2 10 i1 j ~7 42 ~ 49 55 ~ . ~ I a File Tnrtafvrs Q 2 D 2' 0 SO 0 8 2 2 1 0 d Pcndlrtq Ftles 41 ~ 41 36 45 60 L 61 BD 26 47 4e i sS 01 Sa I I■ Violaficms Raparted a Abatements n Ffle Tlansiats s Pendinfl Flas Pego 4 of 8 City of Spokane Valley Departrnent of Community Development November 2007 Montfily Report The Spolcene Valley Polfce Depaitrr►ent, in conjundion with SCOPE, has requested the assistance of Code Compliance in iderttifying junk vehicles abandoned within the right-of•way. 5COPE volunteers tag the vehicles. Vehicles which have not been moved by the foJlowing Friday ane towed. Actlviry is consolideied lnto the followyng s+x categories: Environmental (sewer/septic, crit;cal areas, animai and nuisance violatbns); Praperty (Right of Way, property use, dangerous building, landiordltenant, illegal business and signage vialations); Junk Auto; Solid Waste (solid waste. illagal dumpmg, and hausehold wasEe vio!ations); Clearview Triangfe and Ccmpiaint - No Volation Page 5 of 8 City of Spokane Valley Department of Communfty Development November 2007 Monthly Report I 2007 Code Violations by Category 100 - ~ 80 60 - - - - I 40 ~ o~ j _ - ~ - - - - - 20 ~.~,l 1. rv,~, c~.:- Jan-Ut Fab-07 h~r-c:l A~r U7 ~J;, u! JuF-u7 Uct•ol ~ ~r Oi I J7 ~ 07 : Gi O Gorrplesd - No ViOiation 11 S t 10 i D S U 3 ~ 5 10 , 5 J It SpI1d y1as}s I 7 11 15 15 13 10 1 16 18 ~ 17 20 7 i - - . - _ p Junk AtRa 5 5 8 8 _ A 9 10 11 1b 13 a ■ Ooar View TrWrrple 1 1 3 2 7 5 8 1 4 ~ propecty 8 38 41 31 iB 10 2E 21 ID 20 Ir7 FnvEnrvre~tal 0 U ' l5 4 2 1 2t 1 5 D Pago 6 of 8 City of Spokane Valley Departrnent of Communfty Development November 2007 Monthly Report DEVELOPMENT ENG/NEFR/NG The Development Engineers pracessed 26 files in November. Some significanl Fifes are 4 commercial applications, grading for erosion coritrol measures, Spokane At2heimers Feciltty, Rockwooci Clin[c and Wifd Horse Sa(oon. ? Commercial Pre-apps. New Testament Churcfi addtt3on, McVay Bros_ Storage, American Iron Worics, Good Sam ViIlage, additian of 29 two to four independent llving units. Five final plais, one binding site plan, 4 land use pre-epps, two combination fifes subdivis+on/rezonss, and thres short subdivisions. . o Binding Slta Ptan ■ C3oundary Line ArfjusMtient o C.hange of Use cl Commercial ■ C'.ommerclal Pra-Apps v Conditianal Use Perrnit ■ Final Plet G Land Use Pre-Ap~~ • Sltiart Subdiv+slan o Streeat Vacatian CUSTOMER SERVICE Planning The ptanning stafi assisted 332 waik-in customers at ihe counter and handled 272 custcmErs' inquires by phana in the permit center. Building: Permits The following table summarizes the performance oi the Permit Center tor those permrts enter2d in the PLIJS system, measured fram the time that ihe application is deemed 'counter-compfete to the t(me that a permit is issued Pago 7 of 8 City of Spokane Valley Department of Community Development November 2007 Monthly Report ;.ortmerdel nmerrame sur,ti,uvy suUmlqal tn ISSUance Nov-07 9 - - i • O O ~ a Valuo Q 0 s NElN CONSTRUCTION OffEoelPrntessional 1 5875 000.00 37 37 37 REMUDEL Mercandle 7 845,510 32 1 52 QflloelPrafessione! 2 160,000 33 2 65 Reffgio!!s RiilldinQ 1 $2,500.D0 16 16 18 S:nir.luraa 1 2.000.000 100 t0U 100 Values shown are those on which Plan Check and Building Permit fees are based. The chart includes average, minimum and maximum t(mes. The Permit Center has been tracktng eumaround for Right of Way Pertnit Applications and ihe faxed Mechenical and Piumbing Pertnit Appiications. At present the City responds to applications within 24 hours, typica[ty by noon on the foliowing day. Permits for thosQ application types are generally issued within two days. Building: Inspections Inspections are c;onducted the day following the inspection requost except for weekends and holidays Code Compliance Atl preliminary investigations are tonducted wiihin 24 hours except those recefvesi on Friday wiifch are investigated before the ettd of the next business day. Permit Center Yliare were no surveys retumad during the month of November Pago 8 0( 8 NI E M O TU: Davc Mercier, City Manager IFROM: Rick ViinI.fcuven, Chief of Police George Wigen, Administrative Sergeant DATE: Uecember 31, 2007 RE: -Monthly Report Novembcr 2007 . lluring the montli of 'NlOVember 2007, computer-aided dispatch (CAD) incidents for the Spokane Valley Police Departmenl totaled 3,991. These are self-initiated officer coiitacts, a.s well as calls for service. Out of those incicients, 1,350 actual rcports were- takeu during the month of November. Attached is tlie breakdown tlescribing those incidents. Additionally, tliere were 1,124 traffic stops conducted that resulted in 323 traffic reports. Included with this report are hotspot maps for November residential burglaries, Novcmber commercial burglaries and iNovemher traffic collisions, along with Octobcr and Nnvember stolen veliicles. ADVIINIST12ATiVE: ♦ Chief VatiLcuven and Lt. Steve Jones met with Dave vlercier, 17epartment of Lmergency ~ Management Director Tom Mattern and rire Chief Mike lhompson in Novcmber to review National lncident Management System (NIMS) uiformation. There was discussion of the rUles that City staff might bc expected to fill in the event of a major disaster or incicient. ♦ Chief WanLeuven pRrticipated 'ul candidate interviews for T)eputy City Manager. Congratulatioiis to.Nlike Jackson who has been named to .fill this position. ♦ The Chief attended the Fall Confercnce of.' Washington Sheriffs and Police Chiefs (Wt1SYC) held in Vancouver, `Uflshington. o t1 Public Safety Commimication Summit spvnsored by the State Interoperability rxecutive CoiTUnittce (SIEC) was held in Spokanc on NTov. 30 at the Red Lion Inn al the Park, featuring speakers from various f re departments anci law enforcement agencies across the state, including several from Spokane. Electccl ofl:icials, high-level decision makers, conmlunications direcinrs ajid others committcd to preparing their coilununities for cmergencies were invited to attend the one-day workshop by Governor Gregoire. The City _ of Spokane Valley was representcd at this event by vlayor Wilhitc, Vlorgail Koudelka and Chief VanLeuven. ♦ National Meth Awareness Day, sponsAred by the llepartment of Justiee aiid thc Greater Spokane Substance Abuse Council Prevention Center was held at Mukogawa-Fort Wright ~ Institutc as part of a nationwide educatipn eff'ort warning agaulst the clangers of using ~ meth. Cbie:EVanLcuven gave thc opening remarks at chis event. Page 1 ♦ During the month of November, ChieP VanLeuven was "on call" for a total of sevEn 12- hour shif.ts for patrol lieutenants. COMMUiNITY URIENTED FOLICING: ♦ The annual SCOPE Awards Banquet was held November 7, honorino citizens, volunteers and dcputies who helped enhance community safety during tie past year. Several citizens of the Spokane Valley, including William E. Nelson, Torrance John Graham,. Dcbbie Elnderson and Kenneth F. MordEn, were among those recognized and honored for outsta,nd'uig actions of bravery and coinnutuient. Spokane Valley residents and SCOPE volunteers John ]3aldwiii, Darlene Birdsall and Davc Birdsall tivere honored for thzir generous danations of tliousands of hours of their timc in maintaining the Electronic Fawn Database, saving hundreds of dollars in investigator wagcs. Special commcndations were awarded to members of the SherifPs tlir Support Unit; including several volunteer pilnts and aircraft meehanic. Lifesaving Medals were given -to Deputies Fvan Logan, Justin Elliott and Jack Rosentlial, and the ShErifPs Lifesaving Awazd was received by Deputy Erie Walker. Deteetive Mark Stewart receivcd the Spokane County Sheriff's Medal of Mcrit. Special thanlcs were given to SherifFs Reservc 17cputies, who provide thousands of hours' worth of community service each year working in a variety of assignments. Named as SCOPE Outstanding Volunteers for 2007 from the four Spokane Valley SCOPE stations were: Dave aild Darlene k3irdsall, Central Valley SCUPE; Bill iaore, Ldgecliff SCOI'E; John and I\Teva $lount, Trenrivood SCOPF; and Lyle Domrese, University _ SCOPE. , ♦ L7uring the month of vovember, a total of 27 abandoned vehicles werc tagged for impoundmenl in the Spokane Valley by SCOPE volunteers; 18 of which were cventually tawed -vuitli 17 eitations issued. In addition, 30 hulks vvere processed and a total of 108 reports of abandoned vehiclES were processed. ♦ SCOPE Iricident Rtsponse Teazn (S1RT) contributed a- total of 170 on-scene volunteer hours (including travel time) in November for SCSO Dispatcli IZ.esponse in Spokane County / Spokane Valley, responding to inotnr vehicle accidents, crime scenes and a house fire. Seven volunteers also contributed a total of 16 hours assisting with the Spokane Valley Ch.ristmas '1 ree Light'ing cercmony. ♦ Chief VanLeaven joined Sheriff Knezovich in visiting Birch Tree Manor on November 6, where they spokc with residents concerning security steps recommended to homenvvners, crune reporting by r.ilirens, the value of SCQYE to our community, drug problems and the citizens' relationship with the Spokane Valley Police lleparkment. OPERATIOVS: e Pedestrian / Vehicle Collisions Two pedestrian / vehicle accidents occurred in the Spokane Vallcy in November, one fatal. The first accident nccurred near Indiana and Siillivan when• a trtuisient wearing dark- colored cldthing attempted to cross Sullivan in mid-block and Lvas struck by the driver who Page 2 ' did not sec him. The transient suffered a severely broken leg. T'he driver was not cited. ~ '1'he second incidenC was a hit and run collisiou in which 14-yedr-old Rick Gdmez was struck ai1d killed by a vchicle, later found to be a red 1991 Jeep, as he walked northbound on Flora Road near Cataldo. Spokane Valley Police traffic invcstigators worked the case aLnost non-stop for scveral days following the acciclent, eventually receiving a tip giving the location of the suspccted vehicle. Detectives Don vlanning ancl Ken Salas obtained a searcll warrant and seized the Jeep. hivestigatinn into the incident is continuing. ♦ Citizens Assist with Chiise of Purse 5natcher A 31-year-olci purse snatch suspect was arrested arter citi-r..ens chaseci him down and held _ him for officers at the Spokane Vallcy Mall. Witnesses told oHicers a woman had arrived in tlie cnall park.ing lot and exitEd hcr car Nvith her purse hanging off her shoulder. The suspect irrunediately approached the victim, grabbed the purse and Pushed her to the pavement. The man took off rtuining with friends of tlie victini in liot pursuit. Other mall shoppers, including a i-ormer policc officer; joined in the foot cllase. The grouP chased tlle suspect to the area of a business on the pcriphery of the lot, where they took 1um down aiid held hirn for officcrs. The robbery viclim sustained a small abrasion and bruise in.the attack by the suspect, but her purse and its contents were returned to her unharmed. The . suspect, who was in SPokane from Pasco, was booked into the Spokane County Jail on a fclony count of Second Degree Robbery. ♦ Wotnen Arrestcd in Metals Theft A pair of Spokanc women cooled their heels in the Spokane County Jail overnight after ~ oHicers caught them cutting and stealing copper wire from air conditioning units stored at a truck and trailer servicing business on Dyer Road. OFficers were called lo the business by the owner who was monitoring his storage yard via a video surveillance system he installed after suffcring prior thefts. The man called 9-I-1 and said he could see a vehicle parked at the business and riwo possible crunuial suspects walking around the yard. Of:Ticer Eric Johnson arrived and contactcd ri-.ro females, one of who told the officer slie is an employee of a local scrap metal dealer and that shc and the otlier woman wcre cleaning up Spokane by picking up metal litrer. In Fact, the two womcn had brokcn into thrcc stored semi-trailer air conditioning uniLti anci eut eopper wire from the insidcs. They hacl also removed a battery &om one unit, and taken several copper power cords. "Che owner estimalecl each unit would cost at least $600 to repair. Johnson ai-resled both women Elnd booked them into the Spokane County Jail on felany counts of Firsf Degree-Malicious , Mischief and first Degree Tlleft. ' ♦ Seatbclt Emphasis Successful DLu-ing a receut niglzttime seacbelt empiia.sis conducted in the Spokane Valley, 111 traffie stops were made and 85 infi-actipns issueci for a variety of offenses. Twenty-eight warnings . were given. "1"traffic and patrol deputies cnnducting the Valley emphasi5 worked a total o(' 64 hours during the three-day emphasis. Accordinb to Traffic Sergeant Viike Zollars, 30 seatbelt infractions were issued to drivers and seven to their passengers. Another 11 infractions were issued for spceding; tliree for aggressive drivuib offenses and onc for reckless drivina. Depukies made two open alcahol container arrests and one drug arrest. ~ Two out-of-statc fugitives were identified, arrested aiid bnoked into the Spokmie County Jail. Tluee arivers were arrested on misciEmeanor warrants and anothcr five were arresteci Page 3 for driving on suspended or revoked operator's licenses. Seventeen infractions were issued fAr failure to prnvide proof of uisurance. T,,A~o motorists received infractions for defective headlights and one for missing mud flaps. The etnphasis was fundcd by the Washington ~ Traffic Safcty Commission. - ♦ Warrant Service Ends in Baftle, New Charges A violent confrontation and fight belween a Spokane Valley fugitive and Valley police endcd with the stispect at a local hospital being treated for possible excited delirium and facing new criminal charges. pfficers began surveillance on the home oF the suspect after thcy learned he had four outstanding warrants. They lEarned the suspect was inside the home and that he had aecess to a pistol. After repeated attempts to get hun to comc to the door, the officers forced entry into the home. The suspect was discovered hiding in the . basement of the home and he resistcd violently. nfficers used a Taser to gain control of the 6'03", 180 pound suspect. Somehow, conlrol o£ the Taser was lost and the suspect attempted to use it on the face of one of the officers. The suspect was eventually controllcd and arrested, but as ]le was walked out of thc home, he became wobbly and collapsed. Upon learning that he had ingested crack cocaine prior to the prolonged physical altercation, the of("icers uivoked the sherifPs excited delirium protocol and had him evacuated to a local hospital for trcatment. The suspect now faces new criminal . char;es of Tlurd 17egree Assault on Law Enforcement Officers and Resisting Arrest, in addition to his cxisting wai-rants for Tlurd llegree Assaiilt on T.,aw Enforcement, Reckless Driving, Hit ancl Run Injury Collision aud a Supcrior Court Civil Bench Warrant. None pf thc officers involved in tlle fight suf.fered serious injttries. SCOOTERS AIVD BIKES: ♦ ln November, one vehicle / bicycle accident occurrcd on 'North Sullivan Road when a 52- ycar-old bicyclist was struek by a velucle hiriung south from a parkulg lot at slow speed. The bicyclist was nnt wearing a hclmet and suf-fered a muior head laceration . . J~ Page 4 2007 NOVEMBER CRIME REPORT Nov47 Nov46 07 to date 06 to date 06 Total OS 7otal 04 Total BURGLARY 51 5311 526 661 714 744 997 FORGERY 23 2611 348 311 334 464 465 MALICIOUS MISCHIEF 89 86 1,212 1,006 1,122 904 1,224 NON-CRIMINAL 71 86 761 730 811 749 916 PROPERTY OTHER 58 66 838 938 982 1,154 1.665 RECOVERED VEHICLES 27 54 322 358 403 333 390 STOLEN VEHICLES 38 80 445 612 711 603 577 THEFT 145 16511 1.754 1,789 1,888 2,258 2,853 UlOBC 2 2 8 9 11 8 10 VEHICLE OTHER 0 0 3 3 3 5 40 VEHICLE PROWLING 55 77 812 893 937 958 1,382 TOTAL PROPERTY CRlMES 659 675 6,829 7,308 7,916 8,178 10,519 ASSAULT 73 83 790 805 846 894 880 DOA,'SUICIDE 14 15 203 154 187 159 164 DOMESTIC VIOLENCE 75 68 801 654 738 762 755 HOMICIDE 1 0 1 3 5 1 5 KIDNAP 0 1 21 19 22 35 24 MENTAL 25 2211 323 372 425 425 386 MP 11 6 77 76 88 97 106 PERSONS OTHER 124 96 1.236 1,092 1,159 1,256 1,624 R088ERY 2 5 Sfi 46 58 56 58 TELEPHONE HARASSMENT 2 10 70 79 83 92 190 TOTAL MAJOR CRIMES 327 306 3,578 3,300 3,589 3,777 4,192 ADULT RAPE 5 1 42 20 29 39 37 CHILD ABUSE 5 7 91 74 78 101 128 CUSTODIAL INTERFERENC 5 8 88 98 105 88 205 SEX REGISTRATION F 0 0 4 2 3 6 4 INDECENT LIBERTIES 2 2 17 17 15 8 21 CHILD MOLES7ATION 3 8 39 88 69 87 77 CHiLD RAPE 4 8 28 56 82 35 30 RUNAWAY 20 27 277 285 309 311 437 SEX OTHER 21 19 184 193 203 181 182 STALKING 1 2 14 18 17 27 35 SUSPICIOUS PERSON 8 11 142 177 177 244 341 TOTAL SEX CR/MES 74 91 926 1,008 1,067 1,108 1,475 DRUG 87 49 753 634 685 891 999 ISU OTHER 0 0 1 0 0 0 1 TOTAL ISU 67 49 754 634 665 891 1,000 TOTAL TRAFFIC REPORTS 323 299 3,493 2,973 3,345 2,403 2,776 TOTAL REPORTS RECENE 1,350 1,420 15,580 15,22311 16,582 16,357 197962 K fSd=C? `k ~ I rker cya ~ ~ SA(~b0 I J.-0~ 'u'; - ~ wn - i 1h'alles ey~' o m d , -!da oy, `f ~ t a' J ; `m y. 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