2008, 09-09 Regular Meeting
`
A(:ENUA
SPOI{ANF. V.1LLE'I' C1TY COtiNC'LL
ftEGL`LAR 111EETING
Council M1ieeting #144
Tuesday. Septrmbcr 9,2008 6:00 p.m.
Spoksine ValMy City IIa11 Caunci! Chumbers
11707 F SprAgne Avenue
CouncU Rcqurstv Plrast Slltace f'aur Crll Phvncs Uvring Councfl Meeting
CALL TU ORDER:
IINVOCATION: PastQr iicm• Fostcr. Vallcypoint at Pincs Church
PLEUGF, OF A1.LEGLAICF:
RO1.L GAI.I.:
APPROVAL OF 4riE.NDA:
ir-i'R0DtIC_T10ti OF 5PEC1!►I. GUESTS ANU PRESEN'tAT10NS:
(`Utittifi'ITFF,. BQARD LLAISON SUMVIAR1' RFPnRTS:
MAXOR'S RE.PURT:
PUBL.IC C0WMENTS: This is an opFx►rtunity far the public tn speak on any suhjrri not an the agenda
for actiun. V1'hcn yuu came to chc podium. please stnte your namc and addrcss ftir the rccord smd limit
rcrosrks to tt►rec minutes.
1. Ft'BWC FIFAtING: Prupasec! 2009 Budgct - Krn 'i'hompsan
Z, ('UNSENT AGFtiI)A: Consists of itrsns considercd mutine which urc approvrd us agrvup. r1
CL►uncilmembcr insry rcmovc an itcm from the Caruent Agenda ta be considemd separately.
n. Apprutinl of thc t'ollawing Claim Vuuchcm-:
II~R LIST irvoucmR #s l'OTAL VOUC~R
VUL~C
QAT~. AM(~UN7'
~-29-2q08 5260 - l 534-4 S 1, t 19,d82.5:+
i
RANU U TU7"AL 40,119.482.53
b. Payroll for pay pcriad ending August 31, fO08: 5325,830.45
c. Vb'atershel Resourres inventory Areu (V1'k1A) I►1emoandum of Authorit,.
3. Lodging Tax Advisocy Commitue Kcquest Ctyr itclease of Funds
c. Approval of Cvuncil hircting Minutes af August 26, 2008
NF..W BLiSih'F.SS:
3_ First Rrading Proposcd (}rdinar►ce Amrnding Orclinnnc:e 08-016 5'1V 01-08 - Mike Connclly
[public cammentj
4. First Reading Nroposel Urdinancr 08-019 Tax Confirmation - T:en Thomps-on (public camnirntJ
5. Fitst Rcading 1'roptmi Ordinnncc 0$-020 NroPccty 7ax - Kcn 'fhotnpian 1puhtic camment)
6. Mutiun Considrrntian: Adoption af l.egislativc Agenda - Duva Mcrcicr (public comment)
hiotion Cansidcratioii: Approvnl of lnterlocal Arreemcnt ith Thurtit.,n ('runr% for Uocuiiicnt Imaging
- Cary Dri,ckel) ipubUc commrnt)
Cour.ul ~crnla li'~.;N.n`( Itcc;~lsr'lc::in~ i':t;_: io; 2
PIiBLIC CU11ti1F;NTS i"tus lk arI „~,por~un«y ior thc put,hi~ to :Ereak i-n :iny tiubJcCt n,lt oti thc :►grtida
f.ir action. N4'hrn you come to the p(Aium, pleu.w 5-tnte your namc and address for thc record nnd limit
rzmnrk, 1t) thrrc minute~.
I) F I.TI3CRATlOti :
8. /1ppr<71 Uclihcraciun: AP1' ll_-Uh ;uiJ AP1' 03-08 hlil.c ('onntll~
11. Spragti<<Apple%~;i\ Rr% italit-ation (SARP) - Scut1 Kuhta
ADMiN1SI'RATIVE IZFPORTS: n,'a
lNFf)RMAT10N OyLI':
10. 2008 ('omimunit\ Sun19-"~
FXLcc-7't\r't.,Ni;,SSiO»: i_abOr
AI1.I0I It\N1UNT
Ft•'TURE SCf1EDtTL
Rrgular Cuunr!/,Iteetings arrgcnerulll- hrld lnd und ,!"TuesJqrs, beginning u16: Ufl p.nr.
( uunri! StuJt• Srssions are Renrra!/s, held 3,4 and Sr/r Tursclurs, beginnirrg at h: UO p.nc
N()I Il L: Individwal> pl:imng to aitcnd Uiz mating uh~~ crquiz spctinl z~slstuncc to oc:cnmmcxlau ptnsocal, hcanng, ur uthrf
impairmrnts, plr.aY c(+ntdet the City ('Ierl• e1 ono} (m_it1w, a„ vxrn n5 ~~ihle in, thlt nrranerments mdy, he made.
CITY OF SPOFCANE VALLEY
`Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 12 public hearing
❑ information ❑ admin. rzport ❑ pending legislation
AGENDA ITEM TITLE : Public Hearing - 2009 Proposed Budget
GOVERNING LEGISLATION: State law requires at least three hearings on the 2009 Budget
PREVIOUS COUNCIL ACTION TAKEN: A hearing on the revenues proposed for 2009 was
held on July 22. The City Council discussed the budget process, goals, outside agency
requests and other budget related issues at several meetings during the summer.
The City Council scheduled the final 2009 budget hearing for October 14.
Public notices of all budget hearings were published.
BACKGROUND: State law requires several public hearings before we adopt the 2009 budget.
The City held a public hearing on July 22. The second hearing is tonight. The final hearing is
, scheduled for October 14.
OPTIONS: Several public hearings are required prior to adopting the 2009 budget. The City
Council could elect to hold the remaining hearings at a later date. However, the last hearing
must be•held and the ordinance passed prior to late December, 2008. The City's current budget
schedule anticipates 2009 budget adoption in October of this year.
RECOMMENDED ACTION OR MOTION: Staff recommends the next public hearing be held
on October 14 to keep us on our budget schedule.
BUDGETIFINANCIAL IMPACTS: Once the Budget Ordinance is adopted, this will be the
budget for 2009.
STAFF CONTACT: Ken Thompson, Finance Director
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Publl*c Hearing
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2009 f~
Budget
s:
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Council Meeting
Spokane Valley September 9, 2008
9/4f2008 ~
Budget
Total City Budget
■$111 Million Close to 08 budget
Close to multi. Yr. projections
$111 includes ending bal.
Actual expenditures will be
near $46 million
~ Economy is slowing
9/4/2008 2
General Fund
REVENUES:
■ Sales Tax down $300,000
■ Property Tax up $631,000 -(6%) Rate est. $1.53
■ Gambling Tax down $200,000
EXPENSES:
■ Loan to Street Fund $1.175 million
- ■ Records Management $400,000
■ Replenish (loan) Winter Weather Reserve $500,000
9/4l2008 3
STRE T FUND
■ Revenues include loan of $1.175 million
■ Winter weather reserve being replenished
with $500,000 loan
■ Telephone tax maY extend deficit until 2014
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9/4/2008 4
aI*tal Projects
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~ ■ Activity picking up on street & parks projects
i~-more projects, greater costs
■ Real estate excise tax receipts are slowing with the
x
economy
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9/4/2008 5
'CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of the Following Vouchers:
BACKGROUND:
VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT
8-29-2008 15260 - 15344 $1,119,482.53
GRAND TOTAL $1,119,482.53
RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above.
BUDGETlFINANCIAL IMPACTS:
STAFF CONTACT: Ken Thompson
ATTACHMENTS Voucher Lists
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vchlist Vauch@r List Page: 1
08/2912008 4:48:10PM Spokane Valley
Bank code : epb2nk
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
15260 8/2212008 000295 VALLEYFEST Advertising UNLIMITED MARKETING 20,697,00
Total : 20,697.00
15261 8/27/2008 000278 DRISKELL, CARY Expenses 7RAVEL IXPENSES 77.22
Total : 77.22
15262 8/27120U8 001279 MCCONVILLE, PATTI Expenses TRAVEI EXPENSES 69.62
Total : 69.62
15263 8129120U8 001377 COMBS, LISA 915 PY RE1"RO PAY ADVANCE-USA COMB 200.00
Total : 200.00
15264 8/2912008 001796 SPOKANE CO CLERK Filing Fees FILING FEES: DICKSON IRONlMET! 200.00
Total : 200.00
15265 8I29I2008 000648 ABADAN 120274 PLANS/SPECS #005 924.95
120976 PIANSlSPECS #068 1,763.39
121558 PLANS/SPECS #068 352.68
Total : 3,041.02
15266 8/2912008 000160 ALLIED ENVELOPE CO. 95146 EMlELOPES FOR PAYROLL 38.22
Total : 38.22
15267 8/292008 000150 ALLIED FIRE & SECURIIY SVC326255 ACCESS CARDS: CP 84.17
Total : 84.17
15268 8/29/2008 001081 AL5C0 LSP0454043 MA7S: PRECINCT 14.06
LSP0454044 MATS: PRECINCT 2.54
Total : 16.60
15269 8/2912008 000335 ALTON'S 71RE INC. 6-35673 _ OIL CHAPICE: 35518D 39.48
6-35873 O I L CHAN GE: 40201 D 45.46
6-35999 USED TIRES: 38904D 32.85
6-36143 OIL CHANGE: 06770D 33.83
Total : 151.62
15270 8/29/2008 001473 APWA 5922 REGISTRATION: C GEORGE 12.50
Page: 1
vchlist Voucher List Page: 2
0812912008 4:48:10PM Spokane Valley
eank code : apbank
Voucher Date Vendor • Invoicc PO #t DescriptionlAccount Amount
15270 8129I2008 001473 001473 APWA (Continued) Total: 12.50
15271 8/29I2008 000334 ARGUS JANITORIAL I_LC INV002146 JUN 08: Pf2ECINCT JANITORIAL 2,144.64
Tota I : 2,144.64
15272 8/29/2008 001324 ASE KIDS, LLC , 07282008 CHEER/DANCE CAMP: CP • 455.00
Total : 455.00
15273 8/29/2008 001606 SANNER BANK 4367 JUN 08: MUNSON 132.71
4391 JUN 08: MERCIER 436.58
4458 JUN 08: PASSMORE 1,361.93
4466 JUN OS: CRIFFITW 833.66
Total : 2,766.86
15274 8/29/2008 001648 BERK & ASSOCIATES 5682-06-08 CTED GRANT 3,926.00
Total : 3,926.00
15275 8129/2008 001565 BERRE7N THOMAS PRINTING 25124 PRIPITING: SARP BOOKS 3,323.16
Total : 3,323.16
15276 8l2912008 001409 BEST LIIdE 0531071020138 JUL 08: ANSVIIERING SVC 20.00
Total : 20.00
15277 8/28/2008 000918 BLUE RIBBON LINEPJ SUPPLY INC 8941304 LINEN SERVICE: CP 457.02
Total : 457.02
1527$ 8/29l2008 001795 BRIDAL FES7IVAL 6x8 Mini 2008 FALL BRIDAL FESTIVAL• CP 425.00
Totai : 425.00
15279 8129/2008 000796 BUDIPIGER & ASSOC INC M07309-4 ' 42110 GEOlT_CM/TESTING SVS #003 1,122.50
M08064-3 SWIMMING POOL UPGRADES #07: 844.60
Total : 1,967.10
15280 8/29/2008 000572 CARTER, CAROL Expenses TRAVEL EXPENSES 76.65
Total : 76.65
15281 8/29/2008 000101 CDW-G KZS7679 OFFICE SUPPUES 286.17
Wd6752 42120 REPLlaCEMENT I-APTOP CASE FOF 52.53
_ Page: 2
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vchlist Voucher List Page: 3
08/29/2008 4:48:10PM Spokane Valley
Bank code: apbank Voucher Date Vendor Invoice PO tt DescriptionlAccount Qmount
15281 8129l2008 000101 000101 CDW-G (Continued) Total: 338.70
15282 8129/2008 001440 CLEARPATH RE, LLC 78 ' CITY CENTER PROJECT: CD 5,754.01
Total : 5,754.01
15283 812912008 000109 COFFEE SYS7EMS INC 62341 COFFEE SERVICE: CITY HALL 216.75
Total : 216.75
15284 8129/2008 000035 CORPORAl`E EXPRESS 184141567-001 OFFICE SUPPUES: FIN 24.11
188460832-001 42122 OFFICE SUPPLIES - FRONT OFFICI 268.93
88770267 42098 OFFICE SUPPLIES: HR 77.61
88895107 OFFICE SUPPLIES: FIN 5.98
89170533 42114 CORPORATE EXpRESS - KITCWEN 493.04
Total : 869.67
15285 8/2912008 000619 COSTCO MEMBERSHIP 000111753460281 MEMBERSHIP RENEWAL 100.00
Total : 100.00
15286 8/2912008 000683 DAVID EVANS & ASSOCIATES 251612 41993 TRAFFIC ENGINEERING SERVICEE 4,06727
253578 . EVAL PRECINCT DRAIN #096 2,175.00
Total : 6,242.27
15287 8J2912008 000422 DISHMAN bODGE INC 456198-1 FLEET PARTS: 40201D 126.85
Total : 126.85
15288 8/2912048 401771 DOLLAR REP1T A CAR 07088232 JUL 08: COBALT 1 RENTAL 434.11
07088251 JUL 08: COBALT 2 REIdTAL 434.11
Total : 868.22
15289 8/29/2008 000152 D07 AT880710085 SIGNAUILLUMINATION PAAIN7 6,013.12
ATB80710086 STATE ROUTE ROADWAY MAINT 12,767.78
Total : 18,780.90
15290 812912008 001232 FASTENAL CO PURCHASING IDLEW55573 41924 MISC SUPPLIES: PW 27.57
Total : 27.57
15291 8129/2008 001410 FOSTER TRAINING & CONSULTING 07142008 FLAGCER TRAINING: PW 500.00
Tota I : 500.00
' Page: 3
vchlist Voucher List Page: 4
08129/2008 4:48:10PM Spokane Valley
Bank code : 8pbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
15282 8129/2008 001447 FF2EE PRESS PUBLISMING INC 30696 LEGAL AD: CITY CLERK 72.85
30697 LEGAL AD: CITY CLERK 105.75
30701 LEGAL AD: CITY CLERK 43.35
34702 LEGAL AD: CI7Y CLERK 36.55
30703 LEGAL AD: PLANNING 90.10
30704 LEGAL AD: PLANNING 89.25
30734 LEGAL AD: CITY CLERK 32.00
30735 LEGAL AD: Cf1Y CLERK 28.80
30737 LEGAL AD: PLANNING 68.00
30738 LEGAL AD: PLANNING 68.85
Total : 635.50
15293 8129l2008 001253 GORDON'll-IOMAS I-IONEYWELI_ F7042 JUL 08: LOIBBYIST SERVICES 2,214.49
Total : 2,214.49
15294 8/28I2008 000007 GRAIPIGER 9691898499 41925 MISC SUPpLIES: PW 34.43
9691898507 41925 P/IISC SUPPLIES: PW 28.93
Total : 63.36
15295 8129I2008 000011 GREATER SPOKANF VALLEY 2011$0 ADVER7ISING: PI 250.00
201269 ADVERTISING: PI 1,475.00
• Total: 1,725.00
15296 8/29l2008 000741 HONEY BUCKFI'S 0760036 WEEKLY REN7AL; CP 141.40
Total : 141.40
15297 8129/2008 000393 INLAND AUDIO VISUAL 10540 POWER AMP: CP 108.60
Total : 108.60
15298 8129/2008 000022 INLAND BUSINESS PRODUCTS, INC. 56163 PHOTO ID CAF2DS: HR 23.89
56213 EMPLOYEE ID CARDS: HR 23.89
Total : 47.78
15299 8129/2008 001635 ISS FACILI7YlEVENT SERVICES 19554 JUN 08: JANf70RIAL 7,136.00
Total : 7,136.00
15300 8129I2008 000265 JACKSON, MIKE Expenses TRAVEL EXPENSES 34_14
Page: 4
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vchlist Voucher List • Page: 5
0812912008 4:48:10PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlActount Amourtt
15300 812912008 000265 000265 JACKSON, MIKE (Continued) Total : 34.14
15301 8/29/2008 000012 JOURNAL OF BUSINESS INC. INV002313030 ADVERTISING: CP 575.00
Total : 575.00
15302 8129I2008 001649 KILGORE CONSTRUCTION INC PMT 44 POOL UPGRADES:PKlN/VM 124,360.09
Total : 124,360.09
15303 8/2912008 001155 KLUNpTIHOSMER 11287 NEINSLEfTER DESIGN: CP 625.00
Total : 625.00
15304 8/2912008 001070 LYMAN DUST CONTROL, INC. 30745 DUS7 CONTROL. PW 4,242.02
Total : 4,242.02
15305 8/29/2008 001684 MARKETING SOLUTlOP1S P1W #6 ADVERTISING: CP 3,979.44
#7 42093 CENTERPLACE MARKETING 4,950.00
#g 42093 CENTERPLACE MARKEfING 3,633.00
Total : 12,562.44
15306 8f29/2008 000069 MERCIER, DAVID Auto Allowance ' SEP 08: AUTO ALLOWANCE 400.00
Expenses TRAVEL EXPENSES: WCMA CONF 548.86
Total : 948.86
15307 8/29/2008 000258 MICROFLEX INC. 00017895 TAXTOOLS SOFTWARE RENTAL 342.26
Tota I : 342.26
15308 8/2912008 OOidSd MOBIUS KIDS 07172008 42045 DAY CAMP FIELD TRIP 165A0
Total : 165.00
15309 8129l2008 000662 NATL BARRICADE & SIGN CO 60666 42082 VARIABLE READER BOARDS(2) & C 3,258.00
60862 41927 FLUORESCEPl7 PAINT 44.31
Total : 3,302.31
15310 812912008 000193 NOR7HWEST CHRISTIAN SCi-IOOL INC Sept 08 SEPT 08: RFNT 36,467.94
Tota I : 36,467.94
15311 812912008 000058 OCCUPATIONAL MEDICIIdE ASSOC. a500163 PRE-EMPLOYMENT SCREENING: h 280.00
Tota I : 260.00
Page: 5
vchlist Voucher List Page: 6
0812912008 4:48:10PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
15312 8/29/2008 000652 OFFICE DEP07 INC. 433508559-001 42071 OFFICE SUPPUES: LEGAL 60.45
433508654-001 42071 OFFICE SUPPLIES: LEGAL 6.16
434112767-001 KITCHEM SUPPUES 34.01
434626632-001 42084 FIRG SAFE FOR HR 862.68
434632335-001 KITCHEN SUPPLIES 55.71
434881620-001 42087 OFFICE SUPPLIES: PW 419.37
4348817313-001 42087 OFFICE SUPPLIES: PW 3.01
435101864-001 42089 OFFICE SUPPLIF_S: 89.58
435102570-001 42089 OFFICE SUPPLIES 13.97
•435102690-001 42089 OFFICE SUPPLIES 263.19
436342070-001 42089 OFFICE SUPPLIES 58.84
436627627-001 42094 OFFICE SUPPLIES 71.11
436627738-001 42094 OFFICE SUPPLICS 38325
436918716-001 OFFICE SUPPLIES: FIN 43.89
439134071-001 42118 OFFICE SUPPLIES: PW 82.90
439134099-001 OFFICE SUPPLIrS: PW 7720
42118
439383853-001 CLEANIPIG SUPPLIES 30.61
439564566-001 OFFICE SUPPLIES: Flld 58.87
. 439716074-001 42124 OFFICE SUPPLIES: PARKS 121.24
439716346-001 42124 OFFICE SUPPLIES: PARKS 1.35
Total : 2,737.49
15313 8/29/'2008 001084 PAPICIi, JENNIFER Expenses TRAVEL EXPENSES 8.75
Total : 8.75
15314 8/29/2008 000119 PIP PRINTING INC. 1330041834 SWIMMINC REGISTRATION FORM: 685.95
Total : 685.95
15315 8129/2008 001089 POE ASPMALT PAVING, INC. 42716 41983 ST/SW REPAIRS * MAINT 70,137.36
42717 41983 STlSW REPAIRS' MAINT 2,950.99
42718 41983 STISVI! REPAl12S ' MAINT 105,722.32
42719 41983 ST/SW REPAIRS' MAINT 55,386_33
42720 41983 ST/SW REPAIRS' MAItdT 1,102.15
42721 41983 ST/SW REPAIRS' MAINT 4,29624
42722 41983 S7lSW REPAIRS " AAAINT 1,304.10
42724 41983 STlSW REPAIRS " MAWT 281,114.14
Page: 6
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vchlist Voucher List Page: 7
08/2912008 4:48:10PM Spokane Valley
Bank code : apb8nk
Voucher Date Vendor invoice PO # DescriptionlAccount Amount
15315 8129/2008 001089 POE ASPHALT PAVING, INC. (Continued)
42725 41983 ST/SW REPAIRS " MAINT 604.50
42726 41983 ST/SW REPAIRS"MAINT 1,473.77
42728 41983 STISW REPAIRS * AAAINT 64,871.17
42729 41983 ST/SW REPAIRS ` AAAINT 25,392.69
42730 41983 ST/SW REPAIRS * MAIN7 90,473.40
Total : 704,829.16
15316 8129/2008 000322 QWEST 509-921-6787 5118 PI-IONES: MIRABEAU MEADOWS 44.43
549-922-7091 QfiUB PHONES: MISSION POOL 101.79
Total : 146.22
15317 8129/2008 001317 RICOH AMERICAS CORP 501550613 41978 RICOH C3500 FOR HR/OPS 8,967.54
Tota I : 8,967.54
15318 8J29J2008 000415 ROSAUERS 635056 KINDERCAMP SUPPLIES: CP 32.45
635061 CLEANING SUPPLIES: DAYCAMP 17.89
700141 PRESCHOOL SUPPLIES: CP 8.58
Total : 58.92
15319 8/292008 000709 SENSKE LAWN & TREE CARE INC. 275597 1NEED CON7ROL• CITY HALL 51.04
- 2826352 WEED CONTROL: C17Y HALL 51.04
3020526 41969 PEST CONTROL SERVICES AT PRE 70_59
3020527 41969 PEST CONTROL SEF2VICES AT PR[ 70.59
3020545 41969 PEST CON'fFZOL SERVICES AT PRE 162.90
3452921 LAWN SERVICE: PRECINCT 42.35
• 3452922 IAWN CARE: PRECINC7 42.35
3452923 LAWN CARE: PRECINCT 42.35
3052924 LAWN CARE: PRECINC7 42.35
3052925 LAWN CARG: PRECINC7 42.35
3052927 LAWN CARE: PRECINCT 42.35
3057807 WEED CONTROL: PRECINCT 48.82
3057817 LAWN SERVICE: PRECINCT 48.82
3057821 WEED CONTROL: PRECINC7 48.82
3057824 WEED CONTROL: PRECINCT 48.82
3101169 PRECINCT - 16.34
3171329 REPAIR ELEC DAMAGE: CP 170.12
Page: 7
vchlist Voucher List Page: 8
0812912008 4:48:10PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
15319 8I2912008 000709 SENSKE LAWN & TREE CARE IiJC. (Continued)
3204431 SPRINKLER REPAIR: PRECINC7 43.44
Total : 1,085.44
15320 81'2912008 000935 SERVICE PAPER CO 30428883 420E5 CLEANING SUPPLIES: CP 2,559.43
30430626 CIEANING SUPPLIES: CP 417.02
30430876 C4F~INING SUPPLIES: CP 108.60
Total : 3.085.05
15321 8/2912008 001785 SlMiulE'f, KAThiI REFUMD REFUND DAMAGE DEPOSfI' 50_00
Total : 50.00
15322 8/29/2008 000733 SOF'M/ARE HOUSE INTERNATIONAL 71C77 42086 SYMldNTEC BACKUP EXEC SQL AC 229.34
Total : 229.34
15323 8129f2008 001260 SPOKANE CASH REGISTER INC. 20495 REPLAC[ CASH DRAWER: PARK P 21720
Total : 217.20
15324 8129/2008 000172 SPOKANE CO. EIdGINEER VI_Y0807 JUL OS: EPIGINEERING SERVICES 59,624.1$
Total : 59,624.18
15325 8129/2008 000001 SPOKANE CO. TREASURER 41500668 JUN 0$: WORK CREW 21,872.00
41540678 JUN 08: IJVORK CRE1N 4,E331.91
' 41500686 JUL 08: STANDARD HOUSING 21,872.00
Total : 48,375.91
15326 8129f2008 000898 SPOKANE PROCARE 216913 41930 08-003 LANDSCAPING CONTRACT 157.47
216980 41930 08-003 LANDSCAPING CONTRACT 244.35
216961 41930 08-003 LANDSCAPING CONTRAC7 162.90
217247 41930 08-003 LANDSCAPING CONTRACT 456.12
217403 41930 08-003 LANDSCAPING CONTRACT 80.36
217408 41930 OS-003 LANDSCAPING CONTRACT 80.36
217911 41930 08-003 LANDSCAPING CONTRACT 73.55
217912 41930 08-003 LANDSCAPING CONTRACT 65.16
217913 41930 08-003 LANDSCAPING CONTRACT 65.16
217914 41930 08-003 LANDSCAPING CONTRACT 65.16
218141 41930 08-003 LANDSCAPING CONTRAC7 89.05
218171 41930 08-003 LANDSCAPING CONTRACT 157.47
page: 8
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vchlist Voucher List Page: 9
08/2912008 4:48:10PM Spokane Valley
Bank code: apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
15326 8/29/200$ 000898 SPOKANE PROCARE (Cantinued)
218219 41930 0"U3 IrANDSCAPING CONTRACT 244.35
218220 08-003 UINDSCAPING CONTRACT 162.90
41930
218518 41930 08-003 LANDSCAPING CONTRACT 456.12
218602 41930 OS-003 LANDSCAPING CONTRACT 65.16
216832 41930 08-003 LANDSCAPING CONTRACT 417.02
218833 41930 OS-OOa LANDSCAPING CONTRACT 80.36
219160 41930 08-003 LANDSCAPING CONTRACT 167.47
219508 41930 08-003 IANDSCAPING CONTRACT 244.35
219507 41930 08-003 LANDSCAPING CONTRACT 162.90
219627 41930 08-003 LANDSCAPING CONTRACT 456.12
219811 41930 08-003 LANDSCAPING CONTRACT 190.05
220342 08-003 IANDSCAPING CONTRACT 1,031.70
41930
220344 41930 08-003 LANDSCAPING CONTRACT 206.34
220345 41930 08-003 LANDSCAPING CONTRACT 76.02
220680 41930 08-003 LANDSCAPING CONTRACT 206.34
220682 41934 08-003 LANDSCAPING CONTRACT 97.74
220683 41930 08-003 LANDSCAPING CONTRACT 126.36
220826 41930 08-003 LANDSCAPING CONTRACT 157.47
220873 41930 08-003 LANDSCAPING CONTRACT 244.35
220874 41930 08-003 LANDSCAPING CONTRACT 162.90
221211 41930 08-003 LANDSCAPING CONTRACT 456.12
222008 41930 08-003 LANDSCAPING CONTRACT 157.47
222055 41930 08-003 IANDSCAPING CONTRACT 244.35
222056 41930 08-003 IANDSCAPING CONTRACT 162.90
Total : 7,664.27
15327 8129/2008 000898 SPOKANE PROCARE 216912 41930 08-003 LANDSCAPING CONTRACT 54.30
216982 41930 08-003 UANDSCAPING CONTRACT 59.73
216979 41930 US-aU3 LANDSCAPING CONTRACT 39.10
217287 41930 08-OU3 LANDSCAPINCy CONTRACT 58.64
217288 41930 08-003 LANDSCAPING CONTRACT 48.87
217289 41930 08-003 LANDSCAPING CONTRACT 42.35
217752 41930 08-003 LANDSCAPING CONTRACT 29.32
217796 41930 08-003 LANDSCAPING CONTRACT 48.96
Page: 9
vchlist Voucher List Page: 10
0812912008 4:48:10PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO it Description/Account Amount
15327 8/29/2008 000898 SPOKANE PROCARF_ (Continued)
218170 41930 08-003 LANDSCAPING CONTRACT 54.30
218221 41930 08-003 LANDSCAPING CONTRACT 59.73
2182$3 4193Q 08-003 LANDSCAPING CONTRACT 39.10
218591 41930 08-003 LANDSCAPING CONTRACT 58.64
218592 41930 08-003 LANDSCAPING CONTRACT 48.87
218593 41930 OS 003 LAMDSCAPING CONTRACT 42.35
219459 41930 08-003 I.ANDSCAPING CONTRACT 54.30
219509 41930 08-003 LANDSCAPING CONTRACT 59.73
219684 41930 08-003 LANDSCAPING CONTRACT 58.64
219685 41930 08-003 ViNDSCAPING CONTRACT 48.87
219686 41930 08-003 LANDSCAPING CONTRACT 42.35
219812 41930 08-003 LANDSCAPING CONTRACT 5321
220348 41930 08-4133 LANDSCAPING CONTRACT 27:15
220349 41930 08-003 LANDSCAPING CONTRACT 43.44
220350 41930 08-003 LANDSCAPING CONTRACT 48.87
220827 41930 08-003 LnNDSCAPI1dG CONTRACT 54.30
220875 41930 08-003 L/1NDSCAPING CONTRACT 59.73
220883 41930 08-003 LANDSCAPING CONTRACT 39.10
221205 41930 08-003 LANDSCAPING CONTRACT 58.64
221206 08-003 LANDSCAPING CONTRACT 48.87
41930
221207 08-003 lANDSCAPING CONTRACT 42.35
41930
221308 41930 08-003 I.ANpSCAPING CONTRACT 49.96
221319 41930 08-003 LANDSCAPIldG CONTRACT 43.44
222009 41930 08-003 LANDSCAPING CONTRACT 54.30
222057 41930 08-003 LANDSCAPING CONTRACT 59.73
222060 41930 08-003 LANDSCAPING CONTRACT 39.10
I nterest 41930 I N"fER EST 2.29
Interest 41930 INT'EREST 5.78
41930
Total : 1,679.41
15328 81291'20138 000406 SPOKANE REGIONAL CVB 11918 ADVERTISING: CP 750.00
Total : 750.00
. Page: 10
- _ • _ ,
/ -J
vchlist Voucher List Page: 11
0812912008 4:48:10PM Spokane Valley .
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
15329 8/29/2008 000420 SPOKANE REGIONnL HEALTH DIST 2nd Qtr 2008 2ND QTR 08: WATER TESTING 144.00
Total : 144.00
15330 8/29/2008 000589 SPOKANE WINERY ASSOC 368576 Bal BALANCE OF INVOICE 368576 1,854J2
' Total : 1,854.72
15331 8J2912008 001083 STANDnRD PLBC HEATING CONTROLS 25466 JUN 08: PRECINCT MAINT 491.42
Total : 491.42
15332 8/29/2008 000085 STAPLES BUSINESS ADVANTAGE 3105015772 OFFICE SUPPLIES: Cp 180.38
3105015773 OFFICE SUPPLIES: Cp 160.95
3105791668 FILING CABINET: DCM 249.77
Total : 591.10
15333 8/29/2008 001791 STONE, PuoIKE Expenses TRAVEL rJCPENSES 4.00
Total : 4.00
15334 8/29/2008 001464 TW TELECOM 02314535 INTERNEf/DATA LINES: CP 903.77
Total : 903.77
15335 8129/2008 001444 UNITED LABORATORIES 20542 JAN170RIAL SUPPLIES: CP 133.49
Total : 133.49
15336 8/29/2008 001024 UNITED RENTALS, INC. 75275621-001 41931 hAISC SUPPLIES: PVW 271.90
Total: 271.90 15337 8/2812008 000167 VERA WATER & POWER 01302-001425.01 JUL 08: UTIUTIES 76.06
00,04-400755.01 JUL 08: UTILITIES 62.37
Total : 138.43
15338 8J29l2008 001663 VISION TECWNOLOGY 07282008 LEGO ROBOT MINDSTORMS CAMF 1,771.00
Total : 1,771.00
15339 8129/2008 000409 WA DEPT OF REVENUE 2nd Qtr 2008 LEI\SEHOLD EXCISE: 600 202 105 200.84
Total : 200.84
15340 8J29/2008 000140 WALTS MAILING SERVICE 16292 POS7CARD#067 38.88
Total : 38.88
Page: 11
vchlist Voucher List Page: 12
0812912008 4:48:10PM Spokane Vallcy
Bank code : apbank
Voucher Date Vendor Invoice PO it DescriptionlAccount Amount
15341 8/2912008 001792 WWI'fEHEAD, JOWN Registration 2008 WA LABOR REIA710NS CONF 250.00
Total : 250.00
15342 8/29/2008 000129 WRPA 08-394 STUDY CD: PARKS 35.00
08-395 42056 STAFF 712AINING REGISTR/1TION 207.00
Total : 242.00
15343 8129/2008 001793 VWWRC 07-18-08 2008 MEPABERSNIP DUES: M S70N 500.00
Totai : 500.00
15344 8/29/2008 ad00$9 XO COMMUNICATIONS 0224919244 AUG 08: INTERNETlDATA LINES 1,820.60
Total : 1,820.60
85 Vouchers for bank code : epb8nk Bank total : 1,119,482.53
85 Vouchers in this report Total vouchers : 1,119,482.53
J., the undersigned, do certify, under penalL•y of perjtuy,
that tlic rnatexials have been furnished_, tbc scrvices
rendered, or the labor performed as- described her.ei.n
and that the claim is just, due and an. unpaid
obligation agRinst the City of Spokane VAey, and that
Iam authorizea to authenticnte ani3 certify said claim.
Finance ' z llate
~ - te
ouncil N.em ar tc
Page: 12
- ~
CITY OF SPOKANE VALLEY
Request for Council Action
~
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Payroll for Period Ending August 31, 2008
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: BUDGETlFINANCIAL IMPACTS:
Gross: $210,342.30
Benefits: $115,488.15
TOTAL PAYROLL: $325,830.45
STAFF CONTACT: Ken Thompson
ATTACHMENTS
f`
C1TY OF SPOKANE VALLEY
Request for Council Action
Meeting llate: September 9, 2008 City Manager Sign-off:
Item: Check all that appl}': 0 consent ❑ old busine,ss ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending"legi's7ation
AGENIaA ITEM TI'[`LE: Watershed Resources Inventory Area (tiVR1A) Memoraada of Agreement (MOA)
BACKGROLTN'D: • Attachment `A' of the IvIOA lists all parties involved; The Spokane Aquifer•Joint Board (Ty Wick) represents most
water purveyors 3ncl Vera 1Vater and Power are listed individually. • All other agencies and jurisdictions have signed the MOA.
• There is no cost to developers,
• The 1\40A is voluntary and items arr recommended/voluntary.
• The City of Spokane has various issucs related to this, but only because they are awater purveyor and a wastewater
operator. They are currently working on their recommended actions.
. ~
RECOIN'I1VIENDATION: Motion to authorize the 1Vrx1`nr to sign the Mernorandum of Agreement for
Implementing the Aetailed Implementtition Plfin for WRTAS 55 & 57
STAFF CONTACT: Tavis Schmidt-Assistant Planner
ATTACMME-NTS:
Exhibit 1: Staff Memorandum
EYhibit 2: Memorandum of Agreement for Implementi.ng the Detniled Implemenfation Plan for NVRIAS 55 & 57
_
c r~ ~ 61[a- Comm unity Development Department
Sne Planning Division
Valley .
11707 E Spra3ue Ave Suite 106 ♦ Spokane Valley WA 99206
S09.921.1000 ♦ Fax: 509.921.1008 + cityhall@spokanevalley.org
Memorandum
To: City Manager, City Council
CC: Kathy McClung, Greg McCormick
From: Tavis Schmidt, Assistant Planner ,
Date: 8119108
Re: Detailed Implementation Plan - Water Resource Inventory Area (WRIA) 57
• Council previously authorizeci City staff to participate in lhe 1Vatershed Planning Group
beginning in 2005.
• The Memorandum of Agreemcnt (bIOA) is requested to bc signeci by the Mayor.
• By sigcung on to the M0A, the City of Spokane Valley wrill have opporhinities to apply for and
- participate in grants.
•"rhe V[OA does not commii lhe City of Spokanc Valley to any f naiicial contributions other
than staff time; which includes the contuiuing participation on tlle Watershed lmplementation
Team. (see table bclow from Taetailed hnplcmcntation Plan - Part 3)
CNes ttcae Actions ta be (mplemented by CitiesY Funding rm-eine Assis;ance
D. L, M S Dete3ap we d'.stibi:te ir,tafma6oai cr, 4:a benezks cf Yeiesqping ta applicants :ur tand u5e pF-rrnits. ind•xi;r.g .
S`r I. A.02b Piwmaion on cor:s-- neitmr?la?►d w aten h:d ber.eW ar.I i x-:~ai gs. Ve. ij o n s ull be c:eated for 7 217118-2CG5 z
hcrmerrnne3 ond fw► bu3desc: bwh aiU kdude eamoa Iand=p: deti;ns.
S, L I. _C-?,g DB1EApand Ii:13tEi.~°lllgc:f w:75C 11a.C: CMw1EIti711 SIf3:E!.:~~. 5.'i+, C,',%, 20)8-200f1 x
D, S, S': 1..402.9 Drve'.ap snd impfem`ni a wawr ten=rva6m stia?ecJ icr ps+tFc paea. H.°r1. C. 9'd 20G&[OQ'9 K
I.Ct7i.e Su r.m y 6r~; cr. tha ir r-ecc cptiorw cf tivntrr reclamuGxti ud reuse,ard E~a rc ^•lr.cy Jata C. E M&24Cri x
Nw-r'.;,; nver rtdama~an and r.use ed:sc.E=!C+uGfcth progrems that MA, an the FvtSc P' C1CEpik:tl 6VM8• ~ E, C, r
SV d-ciZ c~-rod edd;ess ep,:~c eecioral car~r.; ad gu:ls. &~1B, 5'd, 2C4&2DC±
YYS
Q,!,M,5, LC.0i.4 Car.sidercicpael ct.ar4:sin tatirte.rai-res,ovrr,ittirg.arid~J1i2^yU19rvyCtedfSforw2tG7rM1E9. O 2011120112
sV
D, l, 8 VLiOf.c Dete!^p end adapt urban faresvy reaulatrm.: fnroug'hrA the waL:rshtd. D 20)8-20N x
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l2'r4rEnL7titnGtY9,0i370rcWqifS'itfs, L?-L2S,5t7dt?!?rnCtUR:r.,s-S,-tecie5-k7-SFcavCasrt6t~s:ac~a•Vlil`_O7,S~J3-S"yOWr9AGu:=tt3ilEC3y,
W-1\s.i'=;R.er7T-' S12-Lei15fNMYr'?i1CY'J('a:illll'S°_:(L1e1. ti:?tL1tnra"iQ,:VH:S-:77t'rr 3WCn:r<.~ 9.fi3RlSL•'=.i FO5k7-itz, t, :l:r<ECDTEt:':y).SGOB-TY9L':7f
:I:I!? :}]0t? n"E' °"E7a v,Ne opt'rx16 E1Ji'.:cli iF?'y sn- RYIci-3 Cl crAogy
' q71E5D' -DN' =OfC U lRi :j W ki, q: 11t1A 1:5. 57: s=+~UiO Y:114j
J \1
~
1
Background - - ~
Water Resoiu'cc Inventory A.rea (WRIA) 57, the Middle Spokane River f3asin, watershed is part
of the Calumbia River drainagE sysle.m 1ying at the inlersection of the Northern Rocky
Mountains ancl the Columbia Platcau. The water stores in WR1A 57 are largely rccharged by
precipitation in the Ftocky Nfountains of narth ldaho and western Montana; additinnally relying
on spring snowmelt From the upland areas and groundwater discharge to the rivers to maurtain
stream flows during the drier mvnihs. `Vater is becoming increasingly scaree in ttie WRiA 57
basui. Past studies c>f WKCA 57 have largely focused on the Spokane Valley Rattidrum Prxirie
(SVRP) Aquifer, which was designated a"Sole Source tlyuifer" by the U.S. Environmental
Proteclion Agency in 1978. The aquifer is the drin:king water shurcc for over 400,000 people
livino in Spokane. County as well as i.n Kootcnai Countp, ldahn. Interactions behween this
aquifer and the Spokane River are important both seasonally and spatially to maintain flows in
the river. `Vatershcd planning in Wasllington State is conducted under the 1998 Watershed Plaiuling Act
(Chapter 90.80 RC`'V). 'I tus Act was designed to allow pcople who live, work and recreate
within a watershed to collaboratc on how water is managed for the future. "I'he law is
administcred by WA State Taepartment of Ecology in the form of a sequence of grants, which
allow thc uiitiating governnients to undergo watershed planning aceording to fa«r major phascs.
Planning occurs within the existinn structtirE of Waler Rcsource Invcntory Areas although, in
eases such as this ane, mulCiple WKI.As are combined f"or plamling pLu-poses. (WRIt1s 55 R. 57)
Phase I provides funding for the• convenino c,f a plamiing unit formed oi° representatives of loca]
government; interest groups and citiz.ens. In Phasc lI, planning units may apply for fund'uig to
conduct watershed assessments; which may range Fr4m a compilatiou of existing data on water
resoiLrcES to new shiclies of specific watershed attributes. Phase ITT provides for devclopment of a
watershed management plan, which must be approved by consensus and approved by caunty
]egislativc bodies. Phase IV funciin€ allows plaiuung unils to develop dctailed implcmentalion
plans to coordinate and oversec ttie actual implementation caf the alternatives anci
recommendations of lheir watershed mauagement plan.
«fateeshed-relaled work has been conducted for many ycars in NVfZIA 55/57. Joint watershed
planning in t.he Little and Middle Spokane River 13a.sins under Chapter 90.$2 RC`V -was iniciated
by the Cit}, of Spol:ane, Spokane County, Stevens County, Pend Oreille County, Whitworth
Watcr Districl, and Vera Water and PoNver. ~,~ilh Spokane Counn, as the lcad entity, these
initiating governmcnts and represenlatives of roughly fifteen othcr urterests be_gan walershed
planning efforts under Chapter 90.82 RC1V in 1998. '1 he group cl ected to focus on water
quantity issues (required uncler Chapter 90.52 KCtiV) and insti-eam flows (optional under Chaptcr
90.82 RCNV).
The NV1ZIA 55/57 Ylaiming Utut oversaw several technical assessmeirts undcr Yhase 11 hu►ding.
A preliminary assessment qf existina information fqr WR1A 55/57 was completcd in June• 2003;
and a morc: detailed watershecl simulation modcl was complEted in February 2004. Instream llow
studies were completeci in Decembcr 2003 for the Little Spokane River and in June 2004 {or
parts of the Spokane River. Additionally; a multi-purpose storagc assessment was camplcted in
Dccecnber 2004.
The W'R.1A 55/57 T'lanning Unit approved the Watershed Management Flan on July 6, 2005. The
Plan was adnptecl by the Commissioners of Yend Oreillc, Spokane, and Stevens Coiuities on :
January 31, 2006.
2
From the Executive Summam
This Uetailcd Irnplementatinn Plan (I71P) is a blueprint t'or coord'uiating and implementing the
recouunendations outlined in the WAtershed Management Plan for the Little and Middle Spokane
River Basins. These 1 07 recommendations address central issues to water resource managcmcnt
in the Little and Middle Spokane IZivcr Basins: water conservation, reclamation, and reuse;
instream flow needs far the Middle and Little Spokane Rivers; domestic exempt wells; water
rights ancl claims; and strategies foe river baseflow and ground water recharge augmentation, as
well as approaches to plan implementation.
Many of the proposed actions depencl upon the cooperation of local residents, busincsses;
governments aud othcr entities. General recon-tmendations include the following:
1. Watcr conservation, reclmnation, And reuse
2. Instream Flow needs for the Middle Spokane River
3. Instreain flow neEds for the Little Spokane River
4. Domestic Lxcmpt wells
5. Water rights and claims
6. Strategies for Base r7ow augmentation
7. Stratcgies for Ground water recharge augmentation
8. Approaches to Plan implementation
(Lnd Lxecutive Summary)
The 17IY contains a Memorandum oi' Agreement (MOA) for all governmental entities, non-
governmental organizations, and other interested parties to havc input into the local watershed
planning process as provided by Chapter 90.80 KCW. '1'he goal of the collab4ration is tca reach a
1 collective unclerstfulding on the dcvelopment of a Detailed Imple•menCaCion Plan.
The MOA is nUt an lnterlncal Caoperation Agreement; however such agreements may result
from the collaborative ~.irocess supported in the MOA.
Attac:hed is a copy of the NIUA.
3
~
Ispace reserved for file number .
Attachments:
Appendix A, .Irriplementation .Team 1Vlembers 212012008
MEVIORANDUM OF AGREEMENT:
FOR IMPLEMEiVTING THE DETAILED IMPLEMEiVTATION PLAN FOR
WRIAS SS & 57
THE L117LE AND MIDDLE SPOKANE WATERSHEDS
l. WHEREAS, Chapter 90.82 RCW concerns Watcrshed Planning.
It provides far a collaboratiive process for participating governmental
entities, non-governmental organizat'ion5, 1nd other interested parties to
implement the local watershed plan; and
2. WHEREAS, this Memorandum of Agreement (MOA) seeks to
further that statutory praccss with respect to watershed plan
implcmentation for thc Little and Middlc Spokane WatEr Resources
Inventory- Arcas (WRIAs) 55 & 57; and
3. WHEREAS, the procESS in ch. 90.82 RC1h1 and this MQA is nor _
intended tio forrnally cletermine or resolve any legal dispute about watcr
rights uiicler state or fedcral law. Instead, it provides for an altErnative,
voluntary means to engage i.n caoperative planning and managing the
use of Washington's water resources; and
4. WHEREAS, effective watershed plan implementa.tion cannot
take place without participation of gavernmenfi entities, non-
governmental organizations, and other in.terestcd parties within the
Wh1A; and
5. WHEREAS, as the result of the work of a Planning Unit
establishEd to initiate the watcrshed planni»g process, the Little and
Middle Spokane Watcrshed Management Plans (ver. 6/ 1.6/2005), also
"Flan" or "WF2IA Plan", were dratted and have been adopted in joint
session on January 31, 2006 by the Pcnd Oreille County Baa,rd of
Commissioners, Spokane Caunty $oarcl of Commissioners, and the
Stevens County Board of Commissioners; and
6. WHEREAS, the Little and Middlc Spokane Watershed DEtailed
implementation Plan (DIP) Cv implement the WRIAs Plan was approved by
thc Watershed Implementation Team (WtT), a successor of the Planning ,
Unit, as further dcscribed below in Scetions 2 and 5, on 20 February
2008
WR1A 55/51 Ptiase IV IviOA, V 17 1
NOW, THEREFORE, the parties agree as follows:
1.0 Purpose: The purpose of this MOA is to further implement thc
Littlc and Middle Spokane WatErshed Management Plan (vcr.
06/ 16/2005) and the Little and Middle Spoka.ne Detailed
Implcmentation Plan (dated 02/20/2008). This MOA is not an Interlocal
Cooperation Agrccment under ch. 39.34 RCW although such Interloca]
CoopEration Agreements and other Agreements betxveen the signatories
and with third parties ma.y result from the collaborative process
. supported in this MOA ("Resulting AgrcEmcnts"; see provision 6.5).
2.0 Definitions:
2.1 "ConsEnsus" means unanimous agreement.
2.2 "Detailed Implementation Plan" or "DIP" has the same meaning as
used in RCW 90.82.043 anci RCW 90.82.048, as thc documenfi wit-h thc
strategies implementing the WRIA Plan. For references to the WRIA Plan,
see the Little and Middlc Sp4kane Watershed Management Plan belaw.
2.3 "Implementing Party" is any entity, including but not limited fio an
Indian Tribe, agreeing to participate and having lega.l authority to
contra.ct to implernent el.ements in the DIP. An Implementing Party may
~be either an ImplEmEndng Government or an Implementing Non-
-Gavcrnmental Member (NGM). These groups are further described:
2.3.1 "Implementing Governments" are those governmental
entities, including Indian Tribes, having a, role in Alan
implemeni:ation as described in the DIP, with legislative and
regulatory authority to perform such role, whose jurisdiction lies
wholly or partly within the boundar-ies of W12IAs SS 8a 57, and who
are signatories to this MOA. For the purposes of participation in
the WRIA Pla.n and DIP, Ecology represcnts only ii:self. This shall
not prcvcnt othcr State Agencies fram joining this MQA by writlen
lgreement.
2.3.2 Implementing NGMs are non-governmental persons or
entities entering into contractual relationships to implement
elements as identified in thc WRIA Plan and DIP. An implementing
NGM nECd not be a Watershed Implementarion Team rnember.
2.4 "Implementation Matrix" is a documEnt shovving all recommended
elements of an appraved V11R1A Plan as the final step in plan development
and recommendations, as further explainEd in Section 6.3.
2.5 "Implementing rules" has the definitian in RCW 90.82.020 (2)1.
' RCW 90.82.020 Definitions.Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
«'R1A 55/57 Phase N MOA, V 17 2
2.6 "Initia.ting Governments" are those local governments initia.dng thc
Watershed planning process as idEntified in RCW 90.82.060(2) far the
area designated by the Washington State Department of Ecology as
WR1AS 55 8s 57, also known as Thc Little and Nliddle Spokane
Watersheds. They continue as lmplementing Governments anci
signatories to this tU[OA, to «zt: Pend Oreille County, Stevens County,
Spokane County, Vcra Watier & Pawcr, Whitwarth Water District #2 and,
the City of Spokane.
2.7 "Lead agency" is that entity tihat shall convene the Watershed Implementarion Team (WIT) and administer the Phasc Four Watershed
Planning Gr-ant runds [Ref. RCW 90.82.040(2)]. The Lea.d agency
contracts for seivices, using funds available undEr ch. 90.82 RCW or
contributed t:hrough other sources. Thc Lead agency has no power to
bind another Government without its expressed written consent, through
its governing body. The Lead agency shall likewise be responsible far
applicai:ion and management of grant funds for purpose of this MQA.
Designation of a Lead agency does not limit the option of another
Government L'o a.pply for a.nd manage grant funds for plaii
implementation. [Cross reference, RCW 90.82.060 (6)]
2.8 "Minimum instream i1o"r" has the definition of RCW 90.82.020 (3)
(Fn. 1). , 2.9 "Planning Unit" was a cnmmittec formed pursuant to Chapter 90.82
RCW by the Inii:iating Governments i:o initia.tE the ch. 90.82 process,
which resulted in the adopted the Little and Middle Spokane Watershed
Ma.nagcmEnt I'lan (the Flan). Ror the purpase of developing the Detailed
Implementation Plan to implement The Little and Middlc Spokane
Watershed Management Flan (vcr. 06/ 16/2005), thc Planning Unit was
replaced by the Watershed Implementation Tea.m (WIT) as further
described below.
(1) "Department" means the department of ecology.
(2) "Implemsnting rules" for a WRIA plan are the rules needed to give force and effect to the
parts of the plan that create rights or obligations for any party including a state agency or that
establish water management policy.
(3) "iUlinimum instream flovI" means a minimum flow under chapter 90.03 or 90.22 RCW or a
base flow under chapter 90.54 RCW.
(4) "WRIA" means a water resource inventory area established in chapter 173-500 WAC as it
existed on January 1, 1997.
(5) "Water supply utiliiy" means a water, combined water-sewer, irrigation, reclamation, or
public utility district that provides water to persons or other water users within the district or a
division or unit responsible for administering a publicly governed water supply system on behalf of
a county.
(6) "V1lRIA plan" or "plan" means the product of the planning unit including any rules adopted
in conjunction with the product of the planning unit.
Wt21t1 55157 Phase [V MOA, V17 3
2.10 "The Little and Middle Spokane Watershed Managemenl' Plan (ver.
;-06/ 16/2005)", sometimes also referenced as the "Pla.n" is defined in RCW
90.$2.020 (6) with respect to WRIAS 55 &$7. It includes any rule5
adopted in conjunction with the product of the Planning Unit.
2.11 "Watershcd Implementation Tcam" (WIT) is the successor of thE
Planning Uniti, formed for the purpose of implernenting the Likkle and
Middle SpokanE Watershed Management Plan (ver. 06/ 16/2005). WIT
mernUErship is listed in Appcndix A. The membership list may bc
amended by its members as provided in Scction 5.
2.12 "WRIA" is awater resource inventory area, as provided for undEr
RCW 90.82.020 (4). This MOA concerns WRIAs SS & 57.
3.0 Governments Scope: Watcrshed Planni.ng for WRIAs 55 8s 57
includes an opportunity to receive state grant funding, whEn local match
funding can be met, for Detailed Implcmentati4n Plan (IaIF)
implementation as provided for in Chapter 90.82 RCW and RCW
90.82.040.
4.0 Lead Agency: Spokane County is the Lead agency under this MOA.
The Lead agency shall adminisker the grant funds and contract for
services to support irnplementation af the plan. Project budgets and
i` utilization of consultants shall be agrecd upon by the WIT per the
process described in section 6.0 of this agreement.
S.OWatershed Implementation Team (WIT): The WIT is composcd of
the parties signing this MOA and those members of the WRIAs 55 &
S? Planning Unii;, when the Planning Unit approved thE Little and
Middle Spokane lletailecl Implemcnta.tion Plan during the Planning
Unit meeting on FebruarT 20, 2008, all as listed in Appendix A.
Future memUership ma.y be amended in accordance with this MOA.
5.1 Parties in Appendix A have appointEd a representative or
representatives fo the WIT. New non-governmental
representation in the WIT may be developed as outlincd in
Scction 5.3. Each member of the WIT is responsible to a.ppoint
onc primary representative and as many alternates as desired.
Alternates may serve in lieu of thc prima.ry confact.
5.2The appointed RepresEnfatives of Implementing Gnvernments
shall be voting members of the WIT. Vtlith respect to NGMs,
after a person desiring to participatc in the WIT has attended
three consecutive regular WIT monthly meetings, the WIT may
accept such person as a voting member by a vote of the VV1T
~l~• members pursuant to sEC. 6 of this MOA. In votiing to accept a
WIT candidate, the WIT shall be guided by considErations of
assuring that water resource user interests and directlp
involved loca.l-levEl interest groups have a fair and equitable
WRIA 55/57 Pliase IV MOA, V 17 4
opportunit-y to give input and direction to the process. [Cross
reference, RCVV 90.82.030 (1)]
~
5.2.1 An existing NGM representativE rnay be removed from
voting status i.f such person misses t'hrec consecutive regular
W1T monthly meetings. A motion to remove is introduced at a
regular WIT meeting. Thereafter, the L.Ead agency and/or a
designee shall contact the party in quEStion, no less than 10
business days before the next regular mecting. The majority of
the W1T members in attendance at the next regular meeting
may then tierminate voting membership by majority vofe. A
removed NGM representative may join again as pravided in 5.2.
5.2.2 Where a voting Govern_ment represenka.tive on the WIT
misses three consecutive regLilar monthly meet'ings, ivritten
notice may be given to said party of intent to rEmove voting
status at least 10 business da.ys before a regular monthly
meeting whcre the question is to be considered. At such
meeting, the removal must be approved by a majority of the
WIT members in attendancE and the appainting Government
shal_l then be given writtEn notice of such action. The removal
does not becomc effective unlcss the appointing Government
fails to appoint or reappoint a representative within sixty (60)
days of being notified. The appointing Government can appoint a new representative or rea.ppoint a removEd repre5entative
with fully restored voting rights at any time thereafter.
5.2.3 Government withdrawal: Sce section 8.3.
5.3 The WIT ma.y adopt rules for operation, decision-making, and
membership to supplement those presented in this MOA Uut not in
conflict with the MOA.
6.0 Process for WIT Decision Approvals, Anaual Report:
6.1 Implementing Government Members. Tn so far as possiblc,
all decisions of a quorum of the W1T will be by Conscnsus, bul
the Implemenring Government (IG) representatives must z-Each
Consensus, either at a WIT meeting or in wriling, if an
individual IG representative is unable to atitiend a particular
meeting. In addition, no decision may bind any lmplementing
Governmcnt to an abligation wi.thout written a.pproval of its
govcrning body at an Open Meeting, vkZth the cxceptian of state
and federal agencies, whose representatives may ha.vc authority
fio a.gree to obligations. For the purpases af this MOA,
"Obligation" is definEd in sec. 6.4. 6.2 Non-Implementing Government Members. Wher.e Conscnsus
has bcen reached arnong Implementing Government
WRIA 55157 Phase 1V MpA. V17 5
representa4ives but cannot be rEached among other WIT
i, members, approval for purposes of participation of such non-
govErnment members shall be by majority vote a.cnong those
non-government members in attEnda,nce at a meeting and sha.ll
decidE the issue for such members. Such approval may be
determined by majority vote of the WIT members a.ttending a
mceting, but the question to vote on this issue may not be
considered unless it is called for at a regular meeting and
defcrred for vote until thc next regular meeting. In addition, the
matter shall be noted on the agenda, distributed not less than
three (3) business days prior to the meeting at which the vote is
taken.
6.3 Implementation Matrix. The Plan included an
Implementation Matrix which sets forth Issues a.nd
Recommendations. 1'he I7etailcd Implementation Plan (DIP) is a
more speCific list or brcakdown of i.ndividual Implementing
Entities' (Governments and NGOs) duties and responsibilities,
as more fully explained below.
6.4 "Obligation" mea.ns any required action that imposcs fiscal
impact, a re-deployment of resources or a change of existing
policy. (Cross reference, fn. 1, RCW 90.02.020 (2).)
6.5 Resulting Agreements; Adjustments.
6.5.1 In furtherancc of this MOA, there may be agreements
between IGs, NGOs, signatoi-ies hereto and third parties, or
combinakions of the aforcmenlioned. "fhese Resultulg
Agreements may havc speciCc requirements, depending on thc
neecls.
6.5.2 This MOA envisions a general collabvrative process which
may be subjECt to adjustment as to details. As Resulting
AgreemEnts are developed, obligations may be stated in one nr
more categories or classes of expenditures, which may be
subject to acijustment as Plans are being implemented and
based on WIT decisions.
6.5.3 ReSulting Agreements ma.y provide for reallocation of
programs, obligations or expenditurES within a given category,
subject to an overall , nat to exceed maximum amount, for the
entire term ar within a given calendar year. In gcncral, it is tihe
intent of this MOA, and the Resulting Agrecments may so
provide, that such reallocation as a result of WIT decisions nr
ntherwise not exceed fifty L'housand ($50,000) within a given
cal.endar year for any one party without further express
approval of its approval authority, or in the case of an IG, its
govcrning body.
WR1A 55/57 Phase IV v10A, V17 6
6.6 Fulfilling Obligations. An Implementing Government which
'accepts and completes an obligation as specified in the DIP '
shall be regarded as having fulfilled its responsibilities for these
issues, recommendations, and/or strategi.es under the
Watershed Management Pla.n or other related regulatory
requirements during the finite terms specified under the TaIP.
6.7 NGM Consent. NGMs may consent ta element(s) of the actions
that impose an obligation on such NGMs by writiten approval of
their governing bodies. This shall not prEClude any requiremcnt
for a cpntractual agrecment for NGM ImplemEnters to utilize
funding from a.n Implementing Government.
6.8 All technica.l ciecisions will be based an best available sciencc.
For nurposes of Watershed Planning in WRIAS 55 & 57, the WIT
will use the criteria in WAC 365-195-905. For such elements
that include implementation by lndian Tribal agencies, bcst
available sciencc criteria may be modifiEd to include best
available science determinations by tribal nakural resource
agenciES or depa_rtmEnts.
6.9 Tcchnical advisory group(s) and/or work group(s) may be
establishcci by the WIT to provide reports and recommendations on specif c issues. . 6.10 Annual report. On an annual basis, beginning no later than
1 May 2009, and thereafter on vIay lst of each year or the next
business day if May 1 is not a business day, the Lead Agency
will deliver to the WIT members a dra.ft report detailing:
a) the previous calendar years progress in meeting plan
goals,
b) noting any proposed ehanges in. the 17ef.ailed
Implemenlation Plan, a.nd
c) any proposed ehanges in the Watershed Management
Plan.
6.11 WIT Approval, further procedures.
6.11.1 ThE annual report will be considered by the WIT within the
sixty (60) da.ys for approval. If approved by the `1JIT, the report will
be forwarded to all participating parties and Implcmenting
Governments.
6.11.2 Upon approval by the WIT, proposed I'lan changes will be considered f nal after tlzirty (30) days unless an 1mplementing -
Government or a majority of the non-government participants
11rRIA 55/57 Phase I V A40A, V 17 7
submits axvritten requcst to the WIT that thc proposed ehanges go
- ~ through a forma.l adoption process, subjecti also to provision 6.5.
6.11.3 The formal adoption process is the process followed when
the original plans wcre adopted except that far Watershed Plan
amendrnent approva.l separate approval by the Counties will serve
in place of a joint meeting approval. In addition, the parties
understand that the requirements of thc Washington State
Interlocal Cooperation Act. RCW 39.34 must be followed where
applicable.
7.0 Funding:
7.1 Consistent with ch. 90.$2 RCW where applicable, grant funds,
match and staff or other contributed resources may be uscd for
any purpose approved by the Grant Authority and the
contributing enfiaties, including the preparation of technical
rEports far review by the WIT and/or tEChnical committees
and/or focus groups as approvcd by the WIT. The budget will
~ also be reviewed and a.pproved by the WIT.
~ 7.2 Participadan in the WIT and/or technical committees and/or
focus groups by all parti.cipants, including officials and staff,
shall be contributed time not eligible for reimbursement from
grant funding unless expressly approved by Implementing
Governments, consistent %krith the provisions of Chaptcr 90.82
RCW.
7.3 The Implemenking Governments rccognize the financial burden
watcrshed planning placES on sma]ler units of govcrnmcnt and
suppdr't their cffort fio secure outsidc sources of funding to
ensure effective participation by these entitics.
8.0 Duration:
8.1 This MOA becomes effecdve on the date a.s provided in section
11 and termin.ates 4 years after such date.
8.2 Not withstanding by written agrEement signed by all
parties to this MOA, this MOA may be extendcd an additional
period as agreed, not to exceed two (2) years.
8.3 Any WIT Member ma.y withdraw from this MOA and t11e
planning process at any time. If any membEr withdraws, that
member shall not be deemed a party to any plan elements or
agrEement produced. Withdrawa] must be by written notice to
the Lead Agency, effective thirty (30) days after receipt of notice
by the Lead Agcncy. Upon receipt of nodcE, the Lead Agency
WRIA 55/57 Phase IV N10A, V17 8
shall communicate the same in writing to all signatories within
ten (10) days. Awithdrawing paxty shall not be entitled to any
refund or withdrawa.l of funds or resources obligated under this ~MOU absent consent of the affected signatories. The
withdrawing parEy's unobligated funds or resources shall be
releaseci to the withdrawing party.
9.0 Modification: This MOA may be modified or amcnded only by a
subsequent written document, signed by all pa.rticipaiang parties.
10.0 Preservation of Rights:
10.1 The parties acknowledge that Chapter 90.82 RCW provides that the
planning process shall not result in provisions which conflict with
federally resErved tribal rights. They agree thafi triUal participation in
this process shall not constitute an admission or agreemEnt by the
participating tribE that any estimate of federally reserved trihal rights are
binding on it, unless thE affected tribE expressly so agrees in writing a.t
the conclusion of the process, and such tribal agreement is appravcd in
«Triting by the appropria.te agency of the United States Government (e.g.
Bureau of Indian Affairs).
10. 2 12eports and clata from ariginal stttdies conducted by or on behalf
of the WIT are public rccords pursuant to 40.14.010 RCW (presErvation . .
statute).
11.0 Effective Date:
11.01 This MOA shall become Effective and commence upon exec-ution
as cxplained hercinafter. After the Lead AgEncy obtains the signatures of
the Implementing Governments listed belovv, it gives written noti.ce to all
the remaini.ng participants. The date af such nQtice is the
commenccment da."te. Thc deadline for giving this notice is Ma.y l, 2008
unless extendecl hy consenfi of the participants.
11.02 In the evenfi the Lead Agcncy determines, after a reasonahle e[fort,
thaf it is not possible to obtain the signatures of a.ll parfies listed, it shall
communicate the same to the remaining parties in writing. Any group of
rema,ining parties may then agrce to continue with the Agrecment as
abave provided.
~
~
,
WIZIA 55/57 f'hase I:V MOA, V17 9
IN WITNESS VVHEREOF, we the undersigned have executed this MOA as
of Ehe date as indicated.
PEND OREILLE COUNTY:
By: Date:
Dean Curnmings, Chair
SPOKANE COUNTY:
By: Date:
Bonnie Mager, Chair
STEVENS COUNTY:
By: Date:
Tony 17elgado, Chair
CITY OF SpOKANE:
By: Date:
Mary Verner, Mayor
~-J VJHITWORTH WATER DISTRICT #2:
gy: Date:
IrenE Andersan, Chair
VERA WATEIZ & POWER:
gy; Date:
Rob Oeflein, Chair
SPOKANE AQUIFER JOINT B0ARD:
By; Date:
'1'y Wick, President
WASHtNGTON STATE DEPT. OF ECULOGY:
r ~
, By; Date:
- ~ Grant Pfeifer, Regional Director
WR[A 55157 Phase N MOA, V17 10
CITY QF SPOKtANE VALLEY:
By: Date:
12ichard Munson, Mayor
CITY OF LIBERTY LAKE:
By: nate: Wendy VanOrman, Mayor
CITY OF DEER PARK:
13y: Date:
Robert Whisman, Mayor
TOWN UF MI1,I,VJOOD:
By: Date: . .
laanicl N. Mork, Mayor
SPOKANE COUNTY CONSERVATION 17tSTRICT:
By: Date:
Gerald Scheele, Cha.ir
The Lands Council:
By: Date:
Mikc Petersan, ExECUtive Director
WR1A 55/57 Phase IV MOA, V 17 11
Approved as to form: ApprovEd as to form:
Robert G. Beaumier, Jr., Ron Arkalls,
Assistant City Attonzey Deputy Prosecuting Attorney
Ci of S okane S okane Count
Attest: • Attest:
Terri Pfister l7aniela Erickson
Ciq, Clerk Clerk of the Board
Ci of S okane S akane Count
Approved a.s to form: ApprovEd as to form:
.
Attest: Attest:
Approved as to form: Approved as to form:
Atitest: Attest:
f
~
,
WRIA 55/57 Ph1se IV MOA, V 17 12
Attachment A
~
~N me Repr` esenting
Mike Lithgow Pend Oreille County
Clay Vlrhite Stevens Coun
Lloyd Brewer/Kris Graf City nf S okane
Todd I-1e.nry 1 Steve Ski wrorth VerF► Water & Povver
Susan McGeorge 'Whitworth Water
Rnger Krieger C:it y of Deer Park
Cleve VlcCouil Town of ivlillwood
Mar y Wren Wilson Citv of Liberty Lake
Tavis Schmiclt Cit y af S okane Valle
Ty Wick S okane t1 uifer Joint Board
VI'alt Edelen / R.ick Noll S okane Coun~y CAnservation 17i5CriCt
Sara Hunt State Caueus / Tae artrnent of Ecolo =y
17ave.Jones S okane Coun y Planning Comm.
I3rian Walker / Mike Peterson The L.aiids Council
Tim Vore Avista Utilities
lnm Wim y Uiiimond Lake ,
Greg Sweeney Eloika Lake t\ssociation Jeff Storms Sachee.n Lake lm rovement District
Howarci Rowley Horscshoe Lake
DOu l Rider S o{:ane Cqunty Water Conservancy T3oard
Stan Miller Resident:
Rob l..indsay/ Reanette Boese S 4kane Couni y
WRlA 55J57 Phase N VIOA, V 17 13
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: [X] consent ❑ old business [J new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Lodging Tax Advisory Committee Request for release of Funds.
GOVERNING LEGISLATION: State Law
PREVIOUS COUNCIL ACTION TAKEN: In late 2007 the Lodging Advisory Committee
recommended, and the Council approved, holding $20,000 of lodging tax dollars earmarlced for
Regional Sports Commission projects in'a reserve for use in 2008.
BACKGROUND: The Spokane Regional Sports Commission recently notified the City they
would like to use the reserve for:
1. $10,000 for the 2010 U.S. Figure Skating Championships
2. $10,000 for the 2008 Judo Fall Classic event in Spokane Valley
OPTIONS: 1) Approve the rec4mmendation of the Lodging Tax Advisory Committee to
promote tourism via these two events; 2) Authorize a portion of these funds for these events;
3) Disapprove this recommendation
RECOMMENDATION: Move to approve the recommendation of the Lodging Tax Advisvry
Committee to promote tourism via the 2008 Judo Fall Classic event and the 2010 Figure
Skating Championships.
BUDGET/FINANCIAL IMPACTS: The cost to the City for this action will be $20,000 in lodging
tax receipts which can only be used for tourism promotion. This allocation was approved in late
2007 by the council for event(s) which would attract visitors to our area.
STAFF CONTACT: Finance Director Ken Thompson
.
. ;
DRAF.t
AM.MUTES
City of Spokxne Valley
City Council Regutar 1Vleeting
Tuesday, August 26, 2008
Mayor Munson called the meetinL Co nrder at 6:00 p.m., and welcomed cveryane to the 143rd meeting.
Atteirdance: Citv Stall.'
Rich Munson, Mayor Dave Mercier, City ManaDer
llick Deneiiny, Iaeputy Mayor Mike Connelly, City tAttorney
Bill Gothmann, Councilmember Mike Jackson, Deputy City Manager
Gary Schimmels, Councilmember Ken Thnmpson, Finance Directnr
Stcve Taylor, Councilmember Steve R'orlcy, Senior Engineer
Diana VVilhite, Councilmember Mike Stone, I'arl:s & Rec Iairector
Rick VanLeuven, Police Chicf
Greg McCormick; Planning Manager
Absent: Seott Ktthta, Senior Planner
Rose Dempsey, Councilmember Lori Bsrlow, Associate Planner
Christina Janssen; Assistant Planner
John Whitehead, Human Resources ManaDer
Carolbelle Branch, Public I.nformatinn Officer
Bill Miller, iT Specialist
Chris F3ainbridge, City Clerk
TNVOCATION: In the absence of a pastor, Councilmember 1'Vilhite gave the invocatiori.
1
~ PLEDGF OF ALLFGIANCE: Deputy Nlayor Denenny lect the Pledge Qf Allegianee.
RQI.,T., CALL: City Clerk Bainbridge called roll; all Councilmembers were present C;(GEpI
Councilmember DemnSey. 11 wus mvved by Councilmember TYilhite, secoi7ded and ununimously agreed
to excuse Courtcilmentberl7entpseyfrom tonigh!'s nieetir2g.
APPROVAL QF AGFN1)A: lt was moved by Councilrnember Tuylor, sECOrided and ununirnously
agreed la approve ttle agenda.
INTRODUC'TION OF Sl'ECIAL GUFSTS ANll 1'RESENTATiQNS: n/a
COWTi'TTEE. BOARD. LIAISUN SUNOIARY REP017TS:
Councilmember 1Vilhite: reported she attended a United Way Board vleeting.
Councilmember Gothmanii: reponed that lie attended a meeting nf SNAP and said that the group is
clianging its name to S:N.A.f'.: Spakanc Neighborhond Action someth.ing (Mr. Gothinann couldn't recall
what the P stood for); that thc group is working on producing lnw income housing at 1Ziverwalk 11; that he
also attended the I,,odging Advisory Committec mceting today and he mentioned the pendina f'unding
requests; and said that he accompaiiied one of the L7eputy Sheriffs lo visit some of the areas affected by
local panhandling, and that it was disturbing to see how trashed thosc areas were; and that he will be
making a preseiitation at thc end of next month on this issue.
Deputy Mayor Denenny: said that most of the boards he is associated with clicl not meet during August;
and that che Snlid Waste Advisory $oarcl meeting is scheduled tor tomorrow.
Councilmember'1°aylor: no reporf
Councilmember Schimmels: no report
~ DRAFT
Council Regular Meetijig: 08-26-08 Page 1 of 11
Approved by Council:
Di2A.FT
MAYOR'S RFPORT: Vlayor Munson reparted that he met today with the Emergency Communication
Committee where they discussed bylaws and implementaCion of 911, and mcntioned thal Crime Check is
scheduled to re-emeege in Januar}; ancf said he requestcd the committee to monitor the public education
program associatecl with the new crime check, and added that one of the reasons this system previously
failed was because people were not using it for the purpose intencled; e.g. to report non-emergency
erimes.
PUB1s1C COMMENTS: Mayor lVlunson invited general public comment.
Mary Pollard. 17216 E Baldwin Avenue: mentioned she is eonccrned that when issues on land use bo to
public hearings, that wc continue to ignore adjacent jurisdiction's trafFc, and that the public doesn't l:now
if Barker Bridge is out, which information is not coming out in staff's reporc; and failed intersections are
not taken into consideration as well; and she saicl we can no longer characterize lhis as a"temporary
inconvenienee" because this will be five years of such; ancf said that some homeowners don't even stay
longer than five years in any areti. She also mentiancd that builder clevelopers are destrdying current
roads as they put their heavy equipment on it; and she sutgestcd we reconsider how they put their
pavement on: if they have adjacent development next to them, they pLil t-heir frst coat on to get rid of the
dust, and she suggested not coining back for the second coat until all the developers are finished with
their heavy equipment; so that the fnishcd project won't necessittite re-fixin t the roads several years dut.;
and thal she also ►nentinned pa»handlinb, such as on Pines, and said there are problems as the areas laok
undesirable.
Jack RileL, 8122 F SRrapLie: concerning roads; he said that realtors always stress location; and he saicl if
Sprague and Appleway Couplet were to return to hwo-way, there will be a lot of commercial businesses
bcino built on the property, which will bring in morc tax revenue to the City; ancl that he got a bid from
the County engineer in 1991 that it -vvould cost about $1.5 million to turn Sprague back to two-way; since
the couplet has been installed; he said hc's not sure if there is a bid an turning both the couplet and '
Sprague back to ha7a-way, but he feels it would be more khan desirable for the communiry and we would
see new business being built without having to spend millions of clollars to build a new gateevay center.
Gary Austin. propert:y Qwmer of 15906 r Snrague: said he Mas been a property owmer since 1971; and he
reviewed the plan on this and that everything he sees addresses east and west trijEfic and nothing
adclressinj north and south; and no expansion north and south onto Sprague Avenue; hc said he eealizes a
decision will be made soon, and he feels this might be something to consider; hnw lhis will be done; will
we usc round-abnuts, or stop lights; and hc said there is a sewcr trunk line involved in t.his which is a
primary line about 13' deep which would be able to handle traffic; especiall}' if wc are considering light
rail; and }te also mentioned the power lines f►ncl said something, has to be done with those lines b}' moving
thcrn undergrotmd or to a different location, will be very costly. Mr. Austin said he cheekcd his zoning,
and he was a 132; which is the highest and best; and when he purchased his property it was slightly more
than five acrrs; actd after the iJ[Ds and he 1tlTas he's down to about 4.5 acres, in granting easements for
road or sewer improvetuents; zind he said now he is community commercial ancl does not kno,%v what that
-r.one entails; and he hasn't liad time ta researctl that but he will; 3nc1 he said he got an assessment frorn the
County Assessor and hc a.ssumes community commercial is lower than B-2 but his taxes went up.
1. C.LOSED RECORD PiJBLIC HEARING: Anpeals AE'T' 02-08 and A.PP 03-08 - Mike Connellv
Mayor Munson announced that we are now tnoving to the closed record public hearing, and he invited
City Attorney Connelly to comment.
a. Rules of Procedure
vlr. Cnnnelly explained that this is a closed record appeal, appcal number 02-08 and 03-08; that twro -
separate appcals were filed on the same matter; that the procedures to be foUowed are not ineluded in the
Uniform Dc.velopment Code (UDC), which was an error in omission in compiling the UDC, ancl he said Council Regular MeeCing: 03-26-08 D R A F T page 2 of 11
Approved by Couneil:
I
DRA.FT
that he recommends that Council adopt the procedures set forth in attachment two to the RCA; which are
the identical prdcedures that Council has fnllowed prior to the adoption of the UDC. M.r. Cnnnelly said
there were rivo lctters in response lo his propos:il to adopt the attached procedures, which copies Council
has; and said tha/ the parties; e.g., the Austins, Pollards, the developer and the City, should bc allowed to
comment if they choose. Mr. Connelly also recommended thal Cnuncil accept any document subrniCted
Chrnugh this hearing, siinply because there are not adopted rules prescribing deadlines for filing
documents.
JNOTIDA': It wa,s moved by Cviaicilnzember Taylor nnd secanded to cidopt the rtiles af procedure
propvsed by the City A1lorney and attaehccl to the RCA crs altachrnent t►vo, in this nrutter.
Mary Pollard. 17216 E. Baldwin Avcnue: said she also speak:s for Janice Austin; and said without
adopted rules there is no legally prescribed prot;ess dlat meets the 14"Amendment in the Constitution
reoarding due process; and that this provides a"murl.y legal environment from this point fonward," and in
the case where the developer does nnt get what he wants, and he wan1s to go to Superior Court, he 6as no
procedures to address; and she said this isn't a good process; and that we are denying people equal
protection af law because at one point early in the City's histnry; they could not do quasi judicial hearings
as there were no rules so citirens were forcecl to go to Supcrior Court; and said by the time they realized
there were no rules this year, the timelines didn't fit: they couldn't go to Superior Court because the}'
were barred from I,,UPA, and they couldn't' have a quasi judieial hearing under the old rulcs; and she said
she feels we are not acting on legal grounds; and said that the Municipal Rcsearch Service Center
(M1tSC) put out a paper on this topic stating that "public bodies must have guidelines to ensure tliat their
public hearings follow legally adopted procedure•s so they are not overturned by the courts on procedural
grouncls." Mr. Connelly acicled t11at all letters have been submitted to Council.
~ J Councilmember Gothmann said rules can be changed arid aclopted at any time; and feels it is proper to
adopt the rules now and continue.
VOTE bxAcclamation on motion to adopt !he rzdes ar stulecl above: In Favor: ihtanimous. Opposed.•
Aro»e. Abslentions: None. Afotion carriecl, t\ttorney Connclly asked that the record aceept any
clocLmients submitted by the partics through this date and this hearing, anc! Mayor Munson agreed.
b. Ubicction to Lewrad Development Material (naLes 5-8)
Attorney Connelly then explained the request from Mary 1'ollard, party of record, who has objected to the
four pages in the recorcl bonk pages five throuah eight, that were attached to the appeal by Lewrad
Development, LLC, and he said that Ms. Pollard feels they constitute additional evidence which was not a
part of the record before the hearing examiner; and Council neecls tn determine by motion, whether that
material should be admittecf. Mr. Connelly said he has revicwed the materials and looked at the criteria
set forth in the rules just adopted and they do not appcar to meet any of the criteria for admission. '!b
clariEy, Mr. Connelly said Council can accept iLrgument but nat new facts.
MQTXON: It tivas movecl by Councilmember Cothmcrnn arid seconded [a exclt.rde the i►2forfriation ai
puges frve tlrrough eighl of the dncunrenl. Mayor Munsan said each parCy has five minutes to present
argumenY; and that thesc preliminary inotions do not count toward the allocated rivenry minutes for each
party speak to the appeal.
MM Pollard, 17216 E. Baldwin Avenue: stated that the hearing e.caininer Mike Dempsey must make a
decision based on the record thA1 is given to him; including all the evidence, and then the matter is closed;
so if there were matters he could not have known, or kept out on purpose for some terrible reason, in that
case new evidence ,vould be aclmitted, or through some error, but atherwise, it makes a mockery of the
system foe him; and she askecl how he could make a decision if new evidence continued to be presentecl;
Council Regular Mee[ing: 08-26-08 DRAFT paee 3 4f 1 I
Appeoved by Council:
17RAFT
and she added that this is supposition; that what the appliciint is trying to add now is not relevant tn the
facts as it is speculation; and there are no grounds to disqualify the hearing exauniner, that nothing was .
impeoperly exclucled; she said in a very length discussion at the time, the Hearing E:caminer specifically
asl:ed the applicant and the City Planncr Karen Kendall if they had any further cqmments, and they stated
t:hey had nothing to adci; and the applicant asked if the Hearing Examiner was askin„ him a question, and
hc replied no but asl:ed if he would like to state anyehing further and he said no; she said therefnre there is
nq rea.5on to have this accepled atid she does not want the reeord supplernelited by them.
Tim Lewis. Lewracl Iaevelapment, 1204 \j i7ivision #369: he said that the infonnation referenced by NIs.
1'ollard is no different then refereneing case law that the Mearing Examiner used in responsc to the
decision rendered, and the request for reconsicleration made thereafter; and that the reason this
information is not in the original proposal is because at the time, Mr. Lewis said they were recommended
for approval, so there was nothing to respond to; he said by throwing out the response it «rould be stating
that the Hearing Fxaminer decision is not appealable and has no responsibility to respond, and Mr. Lewis
said he cauldn't underst<tncl why this infiormation would not be included that would substantiate a
reasonablc argucnent in response to the Hearing Framiner; and he recqmrnends that it be accepted.
VOTT bv Acclunration ori ntotion to exclutlE !he intvrmulion cof7tained ou pager fne through eit: In
Favor.• 17eputy Mtryor Dene»ny, trtrd Coirncilnrembers Sclrimmels, Goljrn:al'rri, arid Wilhife. Opposed-
Mcrvvr Alunson and Cot.rnciln7ember Taylor; Absteirtions: None. rlqotion curried
c. Marv Yollard Request tc► Cocisider New Information Concerning B.irker Bridze ancl its Clusurt
Attorney Connelly stated that he reviewed this information with the same criteria as that dnne with the
previous inEormation, aiid said he feels it does nnt meet the requirements set forth in the aclopted rules.
MO.T10N.• It wtrs moved by Coinrcibneniber Gvlhmanui cmtl secuntletl to arclude the info►vnuti0n ~
corrttrined in the correspondence by Muiy Pollcrrtl coneernitig the Barker Bridge.
vlarv Follard, 17216 E. Bctlchvin Avenuc: she ►nentioned diat dle Barker Road Bridge has been out for
Cwo years; and that it ma}° have been overlooked, and she said the plannina clepartment should have
realized it vais oul for hvo ycars; and there are only three "doors" into the area; and she said she
mentionecl in public record about the deatli of that yOung man near the corner of Boone and Flora; ancl she
said that when traffic increases throu?h an area on limited roads for a prolonged length of time, that has a
pertinent bearing on aclding more houses to the area; and she said that fact should have come before the
Hearing Examiner; and she said if she was at fault in not adding it, she wrould probably say "yes" that she ~
probably should have brought it up but she wasn't aware at the time; buc that she is eertainly aware now I
because she can't drive that way; ancl saicl there is a long turrt arourtd ooirig back.
VOTE by acclaination an motiun to exclude the infnrntation contaiired iir Mrn-v Polltrrd corresllo~rrlence
regtrrdrng Burker Bridze. Iri Favor: Ueptrty Mcryor Derrenny, and CuuneilmErrrbErs Schinin:Els,
Gothrrrann, lrrylor rn1d f-Y"ilhite. Oppos•ed: Mtryar Munson. Abstentiorrs: Not7e. Motiar curriea`
d. Bady of the Hc9rinfZ: I
Ma}ror Nlunson said Council wiU now enter into the body of the helring and he '►nvited Attorney Connelly +
to explain the rules. Arinrney Connelly said this is the time for ttle appellants arid respondents to present I
their arguments to Couneil; their testimony should be limited to stating why the lqearino C:xaminer
deaision was in error or lawfiil or not; Chat this is not a time to introducc any new facts or testimony; that
the appellants and respondents will each have a total of hventy minutes; and if the appellants wisli to I
reser-ve time for rebuttal, he suggested they inake such announcements at the beginning of their
presentation. Mr. Connelly said that once both parties have presented arguments, the matter will be '
~
DRAFT
Council 12egular Meeting; 08-26-08 Fage 4 of 11
Approved by Cvuncil:
llRAFT
closecl until Couticil deliberates; and said that the appellants are Lewrad and the City of Spokane Valley.
,
~At 6:32 p.m., Mayor Munson invited the City of Spokanc Valley to the podium.
Kathy McClung, City of Spokane Vallev Community Development Dircctor: she explained the location
of the property, which is north of Boone and east of 1=1ora; said it consists of slightly over five acres, and
in addition to the plat,lhe applicant requested that the property be re-zoned from R-3 to R-4; which would
result in an increase in five lots; she explained that the R-4 zoning, the proposed plat would have thirty
lots from 6,000 to 8,540 square feet; the propertics surroundin- the plat are R-4 to the north; 174 and R-3
on the east; R-3 on the south, and mixed usc center across Flora road to the west; she said there arc eight
critcria under Spokane Valley Municipal Code Section 1830.30, which the Hearing Examiner must
rcview to grant a re-zone; she said the Heitring Examiner found that all of the criteria was met cxeept one,
which was that circumstances have changed substantially since the establishment of the current zoning
district to warrant the requested map arnendment; she said that the Hearing r:caminer interpreted this to
mean that the zoning the c•ity placed on the property Iast October when city-wide name c:hanges to chanbe
the county-named znnes to city-named zones was the establishment of the current zoning district. Ms.
McClun- said that stafP interprets the es2ablishment of the c;urrent zaning district to be that which was
placed wficn the property was roned for three units per acre, and that the city changed in October in name
only; she added that the niunes weren't exaetly the same but were the closest zoniiig the City had to match
what the County had; and that within the record there are se<<eral references to changes in circumstances.
Shc cited pages 136 and 154, where the applicant states there is a need for smaller building Ints to provide
afT'ordable housing; page 142 the applicant sates the proposed projece will accommodate the cxisting
resideneial market condition; page 545 the Austin letter staCes it will be surrounded by plats recently re-
zoned to UR-7.5; and page 547; the Austin comrnent references the propeity is surrounded by recenUy re-
zoned UR-7.5 ptats; page 558 has a chart showing surrounding r.oning, much of which has changed; page
~ 559 eriteria 47: the propercy to the rnorth and east of the proposed sitc has been reccntly site-specific re-
~ J zoned to UR-7' and the equivalent of R-4 zoning which became effective October 28, 2007. Ms.
~ MeClung furt}ier stated that in the transcript on pages 6, 10, 11, 12, 13, 15, and 16, changed
circumscanees are also discussect; and she saicl even if those changed circumstances wcren't met, the
Supreme Court has found that proof of a substantial chaoge of circumstances is not required if the re-zone
implements the comprehcnsive plan of the local government; and that the property is dcsignated low-
density residential in the comprehcnsive plan; and said that the R-4 zone designation is within the ringe
of zones that implemeni that low density designation. Ms. McCluna said this condition coulcl be
construed as repetitinus, and staff will be proposinD a code amendment to strike this particular condition;
but she continued, that in the meantime; there is cnncern that lhis decision cloes not set a precedent for
odier plats; and she recommended that this plat be approved for the R-4 zoning because it me,ets all of the
criteria.
"1°im Lewis, Lewrad DevelQpment, 1204 N Division 9369: he stated that one of the things that oflen gct
overlookeci when reviewina code language, is the common sense appr4ach; he slid that if the I-Icaring
Fxaminer's interpretation is found to be correct, there would be no reason for the City to liave had any
language in the Uniform Development Code for rezoning, as it would ncver come inco play; which
obviously was not the intent; he also noted that the people who reyuested the reconsideration are those
who helped to create and itnplement the devclopment code, which is a new code, and he said that part of
aiiy new code is interpretalion; and he added that the interpretation clearly violates the development code
as well as the Spokane Valley Municipal Code anrl is cpntrary to promotin ; affordable housing; he said
Chat the hearin; examiner's intcrpretation is to create lower dcnsity then the adjaining properlies, where
the Code was designed to create a"common area" density; so there are R4 and mixed used properties,
and this -vvould be the lowest density of those higher density pronerties around it and Nvould be in
complete violation of that Municipal Code.
Council Regular Meeiing: 08-26-08 Pagc 5 of 11
Approved by Cou»ciL•
DRAFT
DRAFT
City Attorney Connelly staled that Mary Pollard will be speaking on behalf of Janice Austin, and that
stafFreceived tin e-mail from NIs. Austin granting such authorization. i
Maa Pollard: statcd that she received a written statement from Janice Austin, which Ms. PoUard handetl
to the City elerk. Ms. Pollarcl then read her siY pa3c statement dated August 26, 2008, asking Cnuncil to
uphvld the decision of the hearing cxatniner, and to oppose the claim of the applicant and Spokane
Valley's Ms. MeClung, that there has been a substantial chanac in cireumstances; she said that the
concfition that must he met is circumstznees have changed substanlially sinee the estlblishment of the
current zoning district to warrant the requested map amendment; and she statecl that Ms. McClung and the
applicant ignore aclopted criteria; lhere is n4 legal merit for appcal since planning refuse,s to recognize the
consistency with the comprehensive plan as it has been adopted and the UDC 19.30.030, and all eriteria
that must be met from October 28, 2007; she slated ttiat Washington Case J..aw requires the proponent af
a re7.one, a preponderance of evidenec that substantial chtm;e of circumstances have occurred in the area;
and if consistcnt with the comprehensive plan, and this wa.,5 all diat was required when we were under the
int:erim 7.one, as shnNm on page 55 of the record; she said we are no longer under that interim zoning
code. She continued by stating that ttle facts regarding the two-parts of the rezone applicatian states ihat
under the originaI UR 3.5 there is substantial change in circumstances sinee the enactment of that code,
which goes back many years. She further staced that the new zoning that was adopted Octobcr 28, 2007,
began wilh the new zoning map and marks the timeline thal begins frorn this point forward. She saicl lhat
from that point thcre are no changes in circumstances; Summerset Estates represcnis the first horse out of
the gate. She continued reading her statement: Faet: the 1.04 acre properiy that was not purehased until
after the new zoiiing code became ct'fcctive, is also the revised application which was not received until
Dccember 2007; thal the Hearing Examiner could havre denied the revised application as a whole, but
instead riilecl on the original application prior to October 28 and separated the new parcel after that date
ancf ruled this portion consisting of 1.04 acres under the ncw rules, so she said this was a*raciaus -
Solomon-type clecision by the Hearing Examiner as he could have denied the whole reviscd application, :
whieh would have meant back to the drawing board; buC she statcd the Hearing Examiner was fair 3nd -
carefiil with the facts. She said the Hearina Fxaminer correctly denied the 1.04 part of the rezone as we
arc no longer under the interim wning code. She said t:hat SpokAne Valley adopteci 19.03.030: new
zoning code stating all criteria must be met and it was adopted to implement the comprehensive plan and
the zoning code as of Qctober 28, 2007; that City Council thoroughly intendcd staff to meet adopted
criteria in order to rezone at a higher density sinee none were provided prior to October 28. Shc said
2onirig laws are not baseti on speculation but on planning; and said tllat unlike the years prior to October
28, 2007, all of the criteria must be met as stated in the Ordinance. She stated that the City Cotuicil and
staff worked hard to ensure that the ordinances were implcmenting the comprehensive plan; so thal: had to
be consistent She explained that we can't just say we don'C like the eriterifl; the applicant's one acre
added to the revised application could not be aonsidered under the new rules ancl was vested in the R-3
zoning; this 1.04 parcel was purchased and added in the revised application after October 28; lhat the
Comprehensive Plan can'C be used as the only criteria to be met because that was aily in the interim
zoning; anci she said this is what the hcaring esaminer was notinb in his clecision. She said that city
ordinances must bc followed to prevent an arbitrary and capricious decision and so clue process is
consistent tincl fair; that law requires unless there is written clarifcation of an ordinance, it means what it
says; and it is not apprapriatc for the planning deparement to provicle their own interpretation of an
ordinance. She stated chaC ncither the applic<1nt nor planning can show any substantial changes in
circumstances; she said that the Mearing EYaminer gave the greatest latitude by granting 20 lots under the
old rules, ztnd denying an upzone to R-4 with the remaining acres, so he got what he askcd originally vn
the first application. She said that the Planning Departnient represented by Karen Kendall in tliree places
states therc were no changes in circumstances or substantial chanaes in the area since October 28,; and
t.his docs not hinge on that clay but on dhat day going forward, as found on pages 791, 792, and 793; she
said these statements are made under oath and this should tiot be treated lightly. She said that the City has
'
nnt made a connection from the Flora i3ridge with the sidewalk ro Boone, and she addcd that this is the -
Council Regular Meetino: 08-26-08 Yagc 6 of 11
Approved by Council:
DRAFT DRAFT
stretch of road wherc the teen was killed last year on Flora as noted in her testimony dated April 9, 2008;
and she said as spot mning this provides a discretionary benefit only to the developer; (Anderson vs.
lsland Gy 81 Wash 2d 312, 325, 501 P.2d 594). She also mentioned that Central Valley School District
provided a letter stating that unless the clevelopment was fi»ishcd by this fall 2008 and those homes not
occupied they asked Spokane Valley to postpone approval according to state law (RCW 58.17.110 (1&2);
as busing studenLs to other schools aclds to the burclen borne by the community at large; and she said that
considering this was the very corner near whcre the teen was killed, this is not a time to upzone it. She
said theee is no evidence in facts or oral testimony to support the rezone; no evidcnce by the planning
department or the applicant of any substantial change in circumstances; she said 1V7ike 17empscy provided
a ciet.ailed legal erplanation; and Ms. McCluiig's argument was to dispense with the criteria and meet the
comprehensive plan but Ms. Pollard said this is not legally possible. She fiirtlier stated that the Supreme
Court ease referenc.ed by Mr. Dempscy shnws the consistency with the Comp plan and the criteria were
all utilized by the Supreme Court decision, "save our Rural Envimnment [SORE.1 v. Snohomish Countv
referenced on page 100; she said the details of that case showed the public process of the County
Commissinners ; she said in that case it was a rural zoning environment; and shortly after it was zoned
rural, Wewlett Packet wsnted to build a business park; so their planning comrnission looked at the
process, and after hearings, denicd it; that the Commissioners looked at it again and changecl their comp
plan so they could provide for a business park for IIewletl Yacket within the zoning and they adopted
criteria that would implement the zoning; and all those criteria in that case, had to be met. She sriid she
has great faith in Mike Dempsey as the I-teariog Examiner; ihat the Supreme Court was answerina a
question regarding changing the Comp Plan ancl was not ignoring iniplementing criteria; that the Wearing
Examiner correctly evaluated the area for any changes since Oetober 28, from that date fonvard none
were given; fae;ts support there were no changes; he legally upheld 19.30.030 and enforeed die Codc by
his denial of R-4 since Planning and the applicant failed to provide anything to support thcir request; this
~ condition must be inet; she said that all the criteria must be met. She gave concluding remarks stating
Ihere are no substantial chanaes in circumstances to Summerse[ Estates; the hearing exa.miner clarified
that changes ►nust bc present from October 28, 2007 on; testimony does not supply substantial evidence
of change in sworn testimony by staff; evidence does noC support the argument; the Supreme Court
supports that ceiteria must be consistene with the comp plan and can.not be ignored in lieu of dnly the
cnmp Nlan as shown in Mr. Iaempsey's response to Ms. MeClung's letter of reconsicleration; and site
specific recone is not supported by substanCial evidence and is an erroneous inteipretalinn of the law; and
she asked Council to uphold tlle decision of the Hearing Examiner; and said she understands the
applicant's desire to appeal, bul she is concerned about the frivolous nature of the Planning Director's
appeal; and said diat people wanted zoning that would stay; and wanCed a consistent zoning and a change
should be because of somcthing substantial and horrendous. She also asked Council tn provide criteria
thlt departments must mcet in the fiiture, so as to avoid an gbuse of publiC funds for pett}, appeals; Chat it
is an unfiir usc af pnsition, public time ajid rnaney, and it burdens citizens to e:cpend time and resourecs
to reiteratc what Council already adoNted by ordinance. She said there are no chanoes in circumstances
and this would constitute spot zoning thal is prohibited and illegal.
Mavor Munson mentioned that there were several couri ca.ses referred toniaht and in the packets, and he
asked Mr. Connelly for a summary of those cases from an objective vieNvpoint. Mr. Connelly said he
would research thosc cases, summari2e them; and give Council the pertinent info froin those. That
prncedure was concurred by CoUmcilmcmbers. Councilmember Wilhite asked Mr. Connelly to also
define "substantial change" and Mr. CAnnelly said he would give Council the excerpts from the cases
where that is discussed. It9ayor Munson said the adjudication for this appeal is scheduled for September
2, a.nd said couneil may or inay not reach a decisinn that date. Mayor Munson closccl the hearing at 6:50
p.m.
2. CONSrNT AGENllA: Consists of iteins considered rouline which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considcred separatcly.
Cauncil Regular Meeting: 08-26-0$ Page 7 of ] 1
Approvcd by Council:
DRAFT
a. Approval oi' Claim Vnuchcrs 15207 - 15259 totaling $503,593.82
b. Nayroll for pay period ending August 15; 2008: $253,404.05
c. Resolutian 08-017 Setiing Planning Commission I-learing for Street Vacation STV 03-0$
d. Stormwaier Vactoring Change Order
e. Approval oFCouncil Meeting Ivtinutes ofAugust 12, 2008
f. Approval of Council Study Session Minutes of AuDust 19; 2008
It tivas ntoved Gy Councilme»aber 7uylor, secoruled ancl urrrnrimously agreetl to approve the consent
agenda.
NEW AUSllYESS:
3. Sec;ond Readin g Pronnsed Ordinance 08-016 for Street Vacation STV O 1-08 - Christina Janssen
After City Clerk BainbriclDe read the ordinance title, il was moved by Courrcilnrember Icrylur and
sECOnded to adapt Ordinattce 08-016. Assistant Planner Janssen cxplained tliat since the fiest readint*, the
amnunt due by the applicant is $1300 less than that oriainally noted; and she explained Itesolution 07-009
which cnmputes how this fguees is derived. Mayor Munson invited Uublie aomment no comments werc
offerecL U tivas moved hy Coancilmenrher Cothn:unn, seconded atid unanintoacsly agreed ta crmei7d the
ordinanCe Ip c/rrnige the tr►nozntt listecl Jrom $2,654.40 to $1,354.50. Yo1e by Acclantntion ta aclopt
Ordinarice 08-0I6 as amende& ha Fcrvor•: Unoni►nat.rs. Oppvse& 1Vorre. Abstentions: tVorte. 1tlotiott
cnrried.
4_ First Readin Pro osed Ordinance 08-017 Arnending HeiLht Requirement - Christina Janssen
After City Clerk $ainbridge read the ordinance title, it lvns n:aved by Depury Mayar Denenny rnid
secotided to strspertd the rtiles artd adopl ordinance 08-017. Assistant Planner Janssen explained this
proposed code amendcnent as noted in her Augusl 26, 2008 Request for Council Action. 14ayor vlunson ,
invited public comments; no commencs were offered, Vote Gy Acclantatiun: In Farvor.• Unariimuus.
Opposed.• A'or:e. itbstentioris: tVone. eWotion car•rred. 5. Motion Consideration: Bid Award Sprague/t3owdish PCC Tntersection - Steve Worley
Councilmember Schimme•Is saicf he has rel3tives invrolved in this cdntract as well as the next agcnda item
contracl, and he recused hirnself from [hese rivo agenda itcros. After having copies of the bid tabulation
shect distributecl to Council, Senior L-ngineer Worley explained Chat the lo-svest responsible bidder was
flctue ConcreCe Pavement in the arnount of $760,380,75. It ivas moved by Departy A96yor L7ei7enrry mtd
secunded to mvcrrd the SpragYCe/Bawdi,sh PCCP Lrterseclion Project bid 1u the lativest responsible bidcler,
Acme Concrele payvnent, in the trmorart vf $760,380.75. vlayor Munson i.nvited public comment; no
comments were offered. Mr. Worley also mentioneci that this «rork will occur about the same time as the
Valleyfest parade, so they have coordinated the project so as to prevcnt: any conflict. Vote by
Acclarnntian: In Fmor: Unarrinrorrs. Opposed.• A'one. fibstentions: None [allliaugh Cotvicibneniber
Schimnrels recusetl llirnselffr•ont lJtis ap,enda ilemi. M0t1077 CQYYlEGI. "
6. VTotion Consideration: 13raaclwav Rehabilitation Project Bid I-90 to Park - Steve 1Vorle
After having copies of the bid tahulation sheet distributed to Council, Seninr Enginecr Worley explained
that the lowest responsible bidder was Red Uiamoncl Construction in the amount of $491,948.24, it was
moved by Cotnlcibnentber Mlhile und secotrded ta crrvard the Broachwuy Reyiabilitatiori Project Fha.se 1
to [Ize 1owes1 res•patsible bidder, Red Uian:vnd constructior: in the amourrt of $991,948.24. Mayor
Munson invited public cornmcnt; no comments were offered. Vote hy Acclamulion; 1►l Fcrvor.•
Unanimnus. Opposed• rVone. Abstentiorrs: A'one Culthoirph Councilmember Schinrnrels recused himself
front tj2is agettda ileiriJ. Alotiorr carried. [Councilmember ,Sehimmels returne(l to the dais.)
DRAFT ` Council ftegular Meecing: 08-26-08 Page 8 of 11
Approvecl by Council:
DRAF1'
DRAFT
7. MotiQn Consideration: WSI70T AQreements - Stevc Worley
It ►vus nioved by Councrbnember Taylor and seconded to approve !he execulian of both I,ocal Agency
Participaling Agreemerits related to the TYSDOT Urban Ra»ip l'roject. Cngineer VVorley explained the
proposal as per his August 26, 2008 ltequest for Council Action; and said if we want to participate with
WSDOT, the agreements must be approved; that they are for the preliminary engineer phase and the
eonstructioii phase and cover our reimbursement to WSDOT for eost incurred in our city rights-of-way.
Mayor Munson invited public comment; no comments were offered. Yute by Acclunzation: In Fuvor:
Uncminrous. Opposed.• Alone. Abstentions: AlonE. ivfotion carried.
8. Motion Cansideration: Allacation of Funding for Outside Agencies - Ken ThQmpson
Finance Director Thompson ;ave a short synnpsis on the previous wceks' presentations and of thc
individual Councilmember's recomrncncted amounts, including mention of the suggested $500 awarcl to
the Greater Spokane Substanec Abuse so that we could continue nur support and they woulcl not have to
alter their billboard. A-fter brief discussion on the overall budgeted allocation, it was raoved by
Cotrrrciln:enrber Cothmunn antl secorided to inrrease the totul allocation to $156,000. iMayor Munson
invited public comment. Tony Lazanis, 10626 E Empire: asked about the $60,000 and what is the ciry's
bencfit o❑ that money; ancl Mayor Munson replied it is part of the T'iaC; i3nd also explxined that those
businesses macle a presentation previously to council, and all the outside ageneies are in Snokane Valley.
vole by Acclamation to irtcrease tyie lotal allpctrtion !o S156,000: bt Fcrvor: A9uyor Alitnson, Depury
Mayor laenenny, and Courrcilmentber .Schinunels, Cothntann, crrrd Tcrylor. Opposed.- Cacnrciliyrember
Wilhite. Abstentions: Nor2e. MofiOn Carried After further brief discussion concerning the social service
ac
gencies and whether to grant any funds to the Greater Spokane Substance Abuse agency, it was movecl
by Cotmcibnember Gotjitrr.ann rrnd secoruled to grcmt a total of 541,000 for soeial service agencies.
Mayor Munson asked for publie comment; no comments were offered. Vote by Acclarrtation: Li x'crvor:
Mctvor Mitn.son, Deptrty Alcryor Denenn}+, and Councibnember Schimmels, Go16t»rann, and Tuylar.
Oppo.sed.• Councilniemher Wilhite. Abstentions: A'one. Alotion curried It wus ntoved by MuJjor Mcnuott,
~ ,sECVrtded, and ununinrausly agreed to gruptt t6re following allocatinns:
Aging/Long Term Care $ -0-
Arts Council: $5,000
Big 13rothers/Big Sisters: $4,000
Coalition of R.esponsible Disablccl $ -q-
Greater Spokane Subscance Abuse $500
Hea,-di H.omes $-0-
Meals on \Vheels $5,500
I'roject Access $15,000
Spokane Valley PAr[rlers 511,000 (S41,000 tntal for soeial servicc agencies)
Greater Spokane, Iric. $64,000
Iriternational Trade AIliance (ITA) $26,000
Spokane Neighborhood E.conamic $3,000
Site Selector $16,500
Spokane Valley Chamber $5,500
GRA.ND TOTAL $156,000
PUBLIC COMME\'TS: Mayor Ivlunson invitecl beneral public comment; no comments wcre oftered.
Ma}ror Munson called for a recess at 7:56 p.m., and convened the meetinb at 8:05 p.m.
AAA'IINISTRATTVF REl'ORTS:
9. Graffiti Update - Kick Scott and Rick VanLeuven
Police Chief VanL•euven statec3 that over the last several rnonths, staff has been attempting to identify
~ potential approaches to deal with graffiti; that there have been awide array of people involved in this
~
effort as gralTiCi was identificd a.nd reported, and he added that most of the graffiti is not gang-related.
Council Regular MeetinS: 08-26-08 Page 9 of 1 I
Approved by Council;
llRAFT ~~AFT
Chicf VanLeuven t:hen introduced Rick Scott; SCOPE Director. Mr. Scott e:cplained that SCOI'E's role
in graffiri management as it works in coordination with the Gang Enforcement 7'eam; is to monitor the ;
grafftti hot line, iind receive information from citizens who call in locations wherc graffiti lias been
observed; that SCOPE voluntccrs are then senl out to identify, rep.orl and cvaluate the community impact
of the graffiti; with t-he next step to advise the home/property owner of their options in how to address the
graffiti problern. Mr. Scbtl explained that as part oftlle eduaation proeess, they stress to propert}' owners
the need to remove the graffiti a.s soon as possible; and he added that due I.o thc SCOPE volunteer's age
ancl other factors, he does not waot to put volunteers in jeopardy by asking them to scale over abjects or
climb ladders; and he rnentioned the Neighborhood Accountability Board (INAB) abatement program,
which is a juvenile justice diversion program, and that if the property owner cannot abate the graffiti, the
SCOPE volunteer would ask the property owner to sign a releaseJwaiver fornl authorizing \fAB to enter
the property and paint over the graffiti. Mr. Scott mentioned that if the property owner andlnr NF1R
cannot abate the problem, then it would be referred to the city's Code. Compliance Officers, at which time
it would be treaCed as a nuisance violation. Councilmember Gothmann asF:ec1 about the draft ordinance;
and Ati:orney Connelly responded that the ordinance will be routed throu'h the Planning Cnmmission
alono with a number of other propased changes to the nuisance code; and ultimately brought back for
council action.
10. SpraQUelAppleway Revitalizatinn Plan/Subarea Plan Overview - Scott Kuhta
Mayor Munson reminded everyone that there woulct be no adjudicating tnnight as Couneil waits until the
cnd of the writl'en public comment pcriod, which is 5:00 p.m. August 29, 2008. Mayor Munsori invited
Mr. Kuhla to discuss the deliberation schedule. Senior Planner Kuhta brought Couneil attention tn the
August 19, 2008 Mcmorandum explaining the deliberation pmce,ss; and mentioned that the process has
(nr will) changed since lhe determination of the cut-off' date for written public comment, and saicl that
tonight's meeting wouid not include deliberation, and that deliberation and discussion of T3oqk I .
Communi[y intent would be moved to the SepCc:mber 2 meeting. Nlr. Kuhta gavc a brief review of the i
Plan's nrocess since it was initiated dtiring the summer of 2006; said that staff has assembled all
testimony in previous meeting minutes; and all ocher written documents are al Council's disposal; and
thal staff will be prepared to provide answers to questions r3ised during those conmlents; t.hat sl:aff has ,
been updating the Nvebsite with all public testimony, and he asked if Council receives comments, to please
deliver thcm to staff. Mr. Ktihta said he will update a schedule with the hope of fnnwarding Chat to i
Council prior to the end of this weck; and added that it could prove challengins co complete this process
by October and said Council may wsnt [o consider additionsl meetiiigs, other than the Tuesday night, just
as Council did with chc Comprehensive Plan and the U.DC. Mayor Munson szid Council is prrpared for
the possibility of holdiog adciitional meeti.ngs, and will leave that discusxian unti] Couiicil can determine
what kind of progress is being made. Councilmember Taylor mentioned he will be unavailable September
9, and again Sept ] 8 and 19. Councilmember Gotluna.nn askecl if the wrirten comments coulci be coupled
with the appropriate 1'lan scction. vlr. Kuhta said staff plans to starC acidressing the open-ended questions,
and they are preparing responses to the specific questions; he said they ean or3anize the testimony by
. topic, that there is a lot of documentation, and they will try to oroanize it as best as possible; and nAted
that many questions detYlt evit,h roads and with traffic direction.
Regarding the insurance question of if a business is nonconforming and burns down will there will be
difficulty witih insurance, Planner Kuhta explainetf lhat there is a possibility of moving into negotiated
setilement; and said tha[ he called his State Farm agent and gave the eYample if a restaurant burnecl down ~
ancf eannot be rebuilC because of zoninb, his agent informed him t}le insurance company would nay out
based on the coverage and would not enter into negotiation; he said that most policies have a 10%
allowance if their insured has trouble meeting building codes, or there are riclers to cover any unforeseen
issues regarding codes. 1Vir. Kuhta said he spoke with another agent in Atlanta who oave the same basic
infonuation; e,g. the base policy would pay the value of t1ie building, and the insured can pay extra if
there is a eonccrn about building to current cocjes; that soitie policies require it to be rebuilt or the insured .
Cowicil Regular Mr.eting: 08-26-08 Page 10 of I 1
Approved by CouneiL-
DRaFr
woulcl only get 80% of the building's value, which is an incentivc not to jusl burn down a builcling; and
aecording to our Code, if the builcling is more than 80% destroyed, the new building would need to
cAnform to the current code; adding that if the owner needed lo re-build i❑ anothcr location, the insurance
company would make a ccash payoff based on coverage, and the owner would have to move it elsewhere.
City Attorney Connelly said staff will provide i.nformation showing the differences beriween existing non-
eonfirniing regulations and those in the subarea plan, including what the consequences would be for
nonconforming. Councilmember '1"aylor asked if one might lose lheir insur~ance if the building were
nonconforrning; and Mr. Kuhta said he wrould need to researeM [hat; and said it could bt that an insurance
company Nvould chaose not provicle coverage. Regarding £mancing, Mr. Kuhta said he conclucted somc
rese<►rch on gctting loans but further rescarch is needed, tis there are different scenarios depending on
different appraisers and different financcrs; and it appea.rs there is not a"onc-size-fits-all" answer.
Councilmember Gothmann mentioned there appears to be a tremendous amount of misinforniation by the
public, such as the City spencli.ng $41 million on roads; and on street direction changino. Mayor Munson
said those issues nced tn be addressed; adding that other concerns were not in the plan, such as financiiig
the pmject; but Council will be addressing these issues at upcoming meetings. ylr. Kuhta also menlioned
scveral citi7,ens commented on pre-locatcd streets, and he said staff- will hsve it pre-loc.ated street map,
and he is working with \Teil Kersten and Inga Note in that regard. 1n response to Mayor vlunson's
question about what tivoulcl happen if the Appleway right-of=way question with the County is not
resolved; v1r. Kuhta saicl there woulcl be no rea,son tn acquire the additional land; that it would affcet tlie
Plan as a major component is increased capacity; if Council adopted the Plan ancl it later appicars we never
could build the road, that would }have to be re-evaluated and the plan adjusted.
Council discussion continued with comment on revitalization; strategies to use zoning to help focus
groNvth; sequeneing of allowed uses; incentives versus restrictions; whether there are incentives available
fl to help property owners accept the risk of something new, which Mr. Kuhta said he and Attorney
Connclly c:iin research, that he fieels we would need an architect to do a cost comparison; dle need for
further discussion of tax inerement financing; v1r. Kuhta stated lhat loosening zoning restrictions and
searching for mqre incentives is not an either/or proposition; and hc feels therc is a need to research
ineentives to focus developments where policy suPpes/s; that there is a lot of public speculation on cost to
upgrade a.rchitectural facades and the false asstimption we will make people move existing buildings; and
mention again of the 20% rule. v(ayor Munson added it would be hclpful to see the Chamber's
presentaiion; t1iat Council wants the public to understand their livelihood is not at the greater risk some
people think it is; and that Council Nvants ptiople to uncierstand options.
1NFO.RMAI"ION ONLY: I`he following items were for information only and not reported or discussed:
NVKIA (Watershctl Planning) Memorandum of Audiority; Barker R.oatl Bridge Project Uepartment of Fish
and Wildlife Mitigation; Letcer of Compliment; and Department Reports
l1 tivas moved by Courlcilmember 7c,~vlor, seconded und urtaninrously agreed tv udjoaffn. The rneeting
adjourned at 8:54 p.m.
ATTES°1°: ~I
Richard Munson,Nayor
Christinc Bainbridge, City Clerk s
i ~
Council Regular N9eeti.ne: 08-26-08 Page 1 l of I 1
rlpproved by Council:
CITY OF SPUKANE VALLEI'
Reqncst tor ConncU Action
Meeting Dste: Septembcr 9, 2008 Citp Manager Sign-oQ:
ltem: Cbeck aU that apph: ❑ consant ❑ oId busiaess 0 new business ❑ public hearing
❑ infocmation ❑ admin. repart ❑ pending legislation
AGENDA TTEM TITLE: First Reading Ordinance 08-018: Amcndment ta Ordinance 08-016 passed August
26, 2048 for right-of-way vacation STV-01-08 - Request to vncate approximately 140 fett in lcngth of the
alleyway locatcd approximately 145 feet north of the interscctioa Trcnt Avenue and Avalon Road.
PREVIOUS COUNCILJCOMNQSSION ACTION TAKEN: Cit}, Council adoptul Resolution No. 08-012 on
June 10, 2008, sctting the date for a public hearing held on ]uly 10, 2008. T'he Planning Commissiun votcd to
approve thc attached findings and to recommcnd cunditional approval af the vscation. On August 26, 2008 the City
Council unanimoush• pas.sed Ordinance 08-016.
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Trent Avenue
BACKGROUIr`D: In thc ardinance adopted August 26, 2008, Q COIIdIUOQ Of 8Qpf0vIIJ, a5 requested by thr City's
Public Worics Depertment that would limit acccss w Trent Avenue to the one existing driveway and the crcation of
a Joint Access AgJCemeni wa.s inadvertentty amiried.
RECON1MElr'DATION: Snapead rules and move to adopt Ordinancr 08-018, Qmending Ordlnancs 0&016.
STAFF CUNCACT: Christine J. Jnnssen-As.sistant Planner
ATTACHMENTS:
Exhibit 1:Plsnning Divisiaa Staff Report
Exhibit ?.:Draft Amended Ordinance 08-016
Sffoj;~ e
4;00%uey.
$TAFF REPORT YRUPOSED VACATION pF 140 feet in length of the alleywa`, locatecl approximately 145
feet north of the intersection of Trent Avenue and Avslon Road
Prepared by: Christina J. Janssen-Assistant Planner
Date: June 30, 2008
BACKGROUND: On Msiy 12, 2008, Alan L. Sehncider apptied for a street vacation. The application
requests the vacadon of approximately 140 feet in length of the aUelivay located approrimately 145 fect
narth of the intersection of Trent A<<enue and Avalon Road. Currentiy, the unimproved alley dissects 4
parcels, all of which are ovvned by the applicxnt.
Findings:
1. The vACatinn of the slley will better serve the public because it will allow for thc full development of the
property for beneficial uses and permit appropriate levels nf maintenance.
2. The apey is no longer required for public use nr public access.
3. The substituNon of a new and different public way would not be more useful to the public.
4. Given the present age and condition of adjacent develoPment, it is unlikely that conditions will change
in the future to provicle a breater use or need than presently exists. This pnrtion of the alley dnes not proAde
access to parcels at either encl.
~ 5. No objectians have been received to tbe proposed vacation from the notice of public hearing andlor
routinb to staff and agencies.
6. Abutting Properties: Applicants property abuts the right-of-way to both the north and south (Assessor
Parcel Nos. 45031.0306, 45031.0307, 45031.0308, 3c 45031.0309)
7. L7tilities:
1. Sewer: No sewer services located in alley per Spol:ane County Utilities letter dated May 9,
2008.
2. Water: Nlo water utilities located in alley per Trenrnrood Irrigation District letter dated May 8,
2008.
3. Telephone/Fiber Optics: No commimication utilities located in alley per QNvest letter dated May
9, 2008.
4. Gas and Electricity: No utilities locatcd in alley per Avista Utilities letter dated May 9, 2008.
5. Cable 7elevision: No comments received
AIl of the utilitv nro<<iders have been eontacted bv the applicant und their corresnc►ndence is attached. The
cpecitic Incation of easeme.nts is a requirement of the recnrd of sun-ev.
8. Stormwater druinage fncilities: There are currently no drainage facilities located in alley.
9. Spokane Valley Fire 17istrict \70. 1: No objection per letter datecl May 8, 2008.
10. Zoning/Comprehensive Plan: Conidor Mixcd Use
11. T,and Use: Vacant
12. City's Public Works needs assessment and traffic circulation: The City's Public Works Department
requests a condition be added to the vacation limiting access to Trent Avenue to the existing driveway and that a Joint Access Ageement be estnblisbed for its use.
13. Condition of ulley: Un-improved.
14. Assignment of vacated portions of right-of-way: Pursuant to Section 22.140.0404.C of lhc Spokane Valley
Municipal Code (SV14C) one-half nf vacated alle_y shall go to each abutcing property Awner.
Conclusions:
The critcria set forth in Section 22.140.030 of the SV1dC has tseen met based upon the findings set forth.
CITY OF SPOKANE VALLEY
SPOKA-NE COUN7Y, WASHINGTON
ORDLNANCE NU. 08-018
Ar ORDINAIVCE OF TFfE CITY OF SPOKANE VALLEY. SPOKA.NE COUN'TY
WASHINGTON. AMF1r'DING ORD[NANCE NO. 08-016, SECTIO:ti S, RELATLNG TO
CONDITIOtiS OF VACATION WHICH PROVIDED FOR THE VACATION OF
APPROXIMATELY 140 fiEET iN LENGTH OF TEiE ALLEYWAY LOGTED
APPROh7MATELY 145 FEET NORTH OF THE INTERSECTION OF TREN'I' AVEh'UE AND
AVALON ROAD. ANU PROVIDING FOR OTFiER MATTERS PROPERLY REL!►TING
1FtERETO.
VVHEItEA5, the Cit}• Council by Resolution 1W8-012, initiated vacation prc►ceedings far a portion
of aUe}tivay approximately 140 feet in length and Iocated appmximatety 145 feEt north of the irrtersection
of Treni Avenue snd Avalon Road (SN 01-08) by providing that a Public Hearing on the proposal would
be hcld boforo the Plaaaing Commission on the 10`h day of July 2008; and
WIIEREAS, a complcted applicadion fof vacation was filed on May 12, 2048; and
WtIERE.AS, the I'lunning Commission held a public hearing on Jufy 10, 2448; and
«'HE,RLAS, following a heazing. the Planning Commission found thnt the notice and hearing
reqtiirements of the spplicsblc Spokane Valley Municipal Code section 22.140.020 hsve been met; anrl
WHEREAS, the Planning Commission findings and`or minutes have been filcd with the Citv
C lerl: as part of the public record supporting the vacation; and
V►'HEREAS, noae of the propcrty ow-ners abutting the propert~ to tx vsrated tilcd awrittcn
obicction to the proposed vacation with the Ciry Clerk; and
WHEREAS, through adopted Cit}• Codt provisions, the City shall provide that the vacated
property be transfemod, onc half to cach abutting property owner, in this case the aamc party; that the
mning district designation of the properties adjoining each side af the street shall attach to the vacated
propcrty; thnt a recard of survey shall be submittrd to the Director of Community Development; and that
nll direct and indirrct costs of title transfer to the vacated street be paid iry the proponeai or recipient of
the vansfemed propccty; and
WHEREAS, the City Council desira Eo vacatc the ebove stroets pursuant to Spokaae Vallc~y
~ Municipa] Code Section 22.140.fiarmei-Seet! ions-18-05^' .40.
NOW, THEREEORE, the City Counci) af the City of Spokane Valler•, Spokane County,
W'aJiington, do oninin as foilows:
'Sectioa 1, findings ofac_t. The Ciry Council makes the following findiags of fact:
l. The vacatiot of the alley will betier serve the public bocause it will allow for the full
develapment of the property far beneficial use3 and permit appropriatc levets of
maintenancc.
The alley is no ]onger required far public LLse or public access.
( Ordinance 08-01$t• - Sveet N'acaiion SN 01-08 Page 1 of 4
3. i he subscitutioiti of a new anJ dtfierent publtc .%u? tvould not he morr uWtul tt) i.
public.
=t. Given the prescnt agc and condition of adjaccnt developmeat, it is unlikcly eh,,,
cunditions wiU change in the futuro tu provide a greater use or need than presentty
7his portian of the alley does not provide access to parcels at either end.
s. No objectians have been receir'ed t0 If1C pro»,'ticij x:tc:ttion ftom ih_ no!ic-c of hearing and/or routing to staff and egencies.
G Pursuant ta Resolution 07-009, Section 1: Po:,.:,
l. The cosf for property received as a resul~ -i .i
property owner shall equal 6fty per cent (50%) of the appraised %alue at the vncate.i
propert}• received.
a. The appraised value shnll be the same as tbe value oten equivalent portion of
praperty adjacent to the proposed vacarion as established by the Spoknne Coui,•
Assessar at the time the matter is considzred by the Ciry Council.
h. If the value of adjacent proPerties diffcrs, then thc avetage of the adjacen:
property values pcr squurc foat will bc used.
Bused on the average s.ssessed value of the adjacent propecties, $2,654.40 is 500/o o1
assessod value.
Section 2. PrODM- to be Vacated. Based upon the above findings and in nccordance «itli
this C)rdinance, the Ciry Council daes herehy vacate the street or alley which is incorporated herein hti
refercnce, and detined as follaws:
T11at portion of the alleti• Iocated west ujAvnlon Rocxt south of Roc,hvell Avenue and north uJ
Iren1 Ave►rue frvnr i1s eustern lerminus at :lvalon Road approximately 140 fept west czs depicled
i,i .4ppendir A aucaclsed herelo; locatECf in rhe SW I/i of the N-E of Sec•rrn,r 3, Trnw,,,shrp 25
,'1 nrlh, Rcmge 44 Eas'l, WilJanretle Meririlun, Spoknne Cawity. Kcrshington.
Secdon 3. UiYi5lon of Pm~rty to bc y~cated. Pursuant to RCA,' 35.79.040 and 5VMC
22,140_ _0_ 10{G~r 0, factual circumstances dictate a dif'Ferent divisioa and distributior,
of the street or alley ta be vacated, one half to each abutting property awner, in this case the samc pam,.
thus the praperty to be vacated shall be divided ns morded in the record of 5uney which shnll be
' ttnd recarded with the County ns rcquired undcr S.ection 22,140.090 SVMC.ftif{x.,ff~'-:tit~~~ "
Section 4. ZOIIlI1L'. The I,oning designution for the vacated property shall be the desiLn;tT10ri
attached to the adjoining properties as set farth within the respective propecty or lot lines. The Dir., ~ . i
tommunitv Uevclopment is auttiorized to makc this notation on the oflicial Zoaing Map ofthe Cir%
SE`CHOq S. COIli1i. '1' ~~.._'I'i, . 1 _ 'c!~ ~u ii-i. •,j~1;ii~ .;,;~IR h:°
the transfer oftitlt by the Cic;
l. "1'he completion ;i . . . , ~ i - ,,..I_, . . . ~ - _ . .i~ . ~
submitted to the C:it}for re%ieH within njnetNI (9U)
approval bv the City Council.
2. The vacated property shall be transfcrred, to each ab uri:li;~ 11, r
a. Follon7ng the Ciry Council's pnssage of the ardinanct approving the prop,_ -_i:
strret ar alley, a record of survey of the ama to be vacated, prepared by a registend surveyur
in the Stete of Washington and incIuding an exact metes and bounds legal description, anil
;+,eCif-, in.' !t a1nll~;i}7!C 11?lv ,'.'lil all ti1
~ Clydinancc 08-0181- Strrct Vacntic>n S I ii 1 -ti8 Pavc 2 of
existing snd future utilities and scrvices, shall be submittcd by the proponeat to the Director
of Community Devclopment, or designee for rcvicw.
4. Thc surveyar shall locate et least two monuments oo the ceriterline of the vacated right-uf-
way with one loarted at the intersecuoo of the crntaiine of the varatcd right-uf-way with
each sn^cet or right-of-way in accordancc with the standards established by the Spnkcne
Camry Stmrdards for Rpad and Sewer Corutructron.
5. AU direct and indircct costs of title trnnsfcr of tfic vacated alley from public to privace
o%nership including but not limited to title company charges, copying fccs, and recording
fees are to be borne by the ptaponent. Tbe City w•ill not a5svme nnN tinnncial responsibilit}•
for any direct or indiroct costs for ttta iransfer of title.
6. "I'he wning district designniion af the properties adjoiaing each side of the strcet ar alle} to
be vacated shall be automatically extended to the center of such vacation, aad all area
includod in the vacatian shall then and henceforth be subject to sll rcgulations of the extcndcci
districts. The edopting ordinance shall specif}• this zoning district cxtcn3ian inclusive of the
applicablo zaning district designarians.
7. The record of survay and certified copy of the ordinance vacating a stroet or alley or part
thcreof shall be recorded by the ciry clcrk in the affice of the Spokane County Auditflr.
8. All condidons of City Council authorization shall bc fully satisficd priur to any transfer of
titlr by the City.
9. An}zneM in the umount of 51,354.40 ($2.654.50 less 51,300.00 previously paid)
10 Applic~ga shall provide a Joint Acccss Agmmcnt for parcsl gumbers 45031.0307.
45031.0308 and 45031.03Q2 llmiting access t4 one drivewav along.Trent Avcnuc to be apAroved
b the Ci y's TrAffic Engin!mr. Agrement shnll bc rocorded with the Suokane Gounty Auditm
oftice and a copy provided toshe Ch,v of SpokanG Vallev Plaaning DiYlian
S"on 6, losin . Following satisfection of the above ronditions, the City Clcrk shall
rccard a certified capy of this Ordinnnce in the office of the Counry Auditor, snd the Ciry Manager is
suthorized to execute all necessary documents, including a Quit Claim Dced, in order to complete the
transfer of the praperty ideniiiied herein.
Section 7. Severability. If any section, sentence, clause or phrase of this Ortiinance shall be
hald w bc invalid or uncanstitutional by a court of compctent jurisdiction, such invalidity or
unconstitutionality shall not af'Fect the vn6dity or eanstitutionalit}• of any other section. sentence, clause ar
phra.sc of this acdinnnce.
Secdoo 8. £fl'ective Uge. This Ordinence shall be in full force and etlect fivr (5) daxls nfter
publication of this Ordinance or a summarv thereof in the official nei4-spaper of thc City of Spokanr
Valley as provided by law.
~ PASSED b}r the Cit}' Council this ~day of August, 2003.
ATfEST:
Richard Munson, Mayor
Christinc Bainbridgc, City Clerk
~ Ordinancc 08-0 1 $h - 5trcoi Vscation STV 01-08 Page 3 of ;
Approved As To Form:
tlffice of the Ciry Attomey
Date of Publication:
Effective Date:
Eihibit "A"
Propcrty Description:
'I hnt porlion uf tlie Alley Iocutcd wcst of Avalon Road, south of Rockwell Avcnue and north of
'T'rcnt Avenue from iu eastern terminus at Avalon Raad approximately 140 feei w-est as dtpicted
in Appendix A attachcd hereto; locatcd in thc SVV V. of thc NE 1/4 of Section 3, Township 25
North, Range 44 East, Vb'illamette RTeridian, Spakane Counry, W'ashingtQn.
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~ Urdinunce Q$-U 1 tS~ - Street Vacalion S'C\' 0 1 -08 Page 4 of 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check al) that apply: ❑ consent ❑ old business [ new business ❑ public hearing
❑ admin. report ❑ information ❑ pending legislation
AGENDA ITEM TITLE: First Reading: Proposed ordinance 08-019 confirming a 6.39% increase
in the 2008 property tax levy for collection during the 2009 calendar year.
GOVERNING LEGISLATION: State budget law
PREVIOUS COUNCIL ACTION TAKEN: The 2009 proposed revenues were presented to the
City Council at a public hearing on July 22. The public was invited to offer comment at that
hearing.
Additional public hearings will be held in September and October to consider the entire 2009
proposed budget including property tax revenues.
~
' BACKGROUND: State budget law requires we make our revenue projections known and
- conduct a public hearing to consider input from the public. At the public hearing on July 22,
special mention was made of property taxes.
The City is required to pass an ordinance expressing our desire to levy a 6.39% annual increase
in the property tax levy.
This 6.39% property tax increase ($631,060) is included in the property tax ordinance which
was discussed earlier this evening and is scheduled for a second reading on September 23.
OPTIONS: State law requires an ordinance be passed confirming our desire to levy the
allowable increase in property tax. A second option would be for the council to decide not to
pass the ordinance and reduce the budget accordingly.
RECOMMENDED ACTION OR MOTION: Motion to advance the ordinance to a second reading
at the September 23, 2008 Council meeting.
BUDGET/FINANCIAL IMPACTS: The proposed ordinance increases the city property tax levy
by $631,060 for 2009 operations.
STAFF CONTACT: Ken Thompson, Finance Director
~ ~
DRAT"°C
CITY OF SPQKANE VALLFY
i
Sl'OKAtVF, COUNTY WASHhNGTON
ORDItNANCE NO. 08-019
AN QRI).i1'ANCE OF TFIE C1I'Y QF SPOK.ANG VALTaEY, Sl'()KA\'F' CO-Ui\`TY,
WASHINGTO\', CQNFIRII'IlNC TRF CITY PRQPFRTY TAX LEVY AT 6.39%
($631,060)1N EXCFSS OF 11iE 2007 An VALUREM PROPETtTY TAX I..F,VY W1i1CH
WAS COLLECTF;A EI T'HE. CITY 2008 FiSCAL YEAR, PU1tSUA\7T TO TtCVV
84.55.120; AND PRQVIDIl\G FOR SEVFRAl3TLITY, AND AN EFFECTIVF DATE
WHFREAS, State law authorizes the Cit-y of Spokanc Valley to levy regular property taxes upon
the taa:able propertiy within the City limits in order to providc revenue for the annual Current Expense
Budget of t}ie City; and
WW.FR.f AS, Iniciaeive 747 (RCW Chapter 84.55) provides that citics with a population of over
10,000 persoiis can increase tlle amount of'their regula.r property ta.ies annually by the lesser amount of
inflation or 1% of the highest 11%vful levy, plus any additional value resulting from new construction,
iniprovements and state assessed pr4perty, ancl
WHEREAS, an increase in propcrC}r 1ax revenue may be authorized by the City through adoption
of a separatc ordinance, pursuaiit to notice, specifiieally authorizing the increase state(i in Cerms of dollars
and percentage.
\'0W 'I°HEREFORE, t}ic Cicy Council of the Cih' of Spokane Valley, Washington, do ordain as
' follows:
Scction 1. PurLose. The purpose of this Ordinance is to utilize excess levy capacity of the
City that resulted from the tax levy in 2007 for the 2008 fiscal year. State law authorizes the City ko
increase its property taxes above the highest lawful allowable levy in a preceding year plus new
construction, irnnrovements and assessment of State owned property. The taxcs received from the
increased levy of $631,060 set forth herein, tivhich are inciuded in the re-ular property tax levy of
0,500,000 levied throuah Ordinance 08-020 are appropriated in the 2009 City Budael, schedule_cl for
adoption through Ordinance 08-021.
Sectiun 2. Findin s. •
A. The City, followin~ public hearings, adopt:ed a balanced Current Expense Audgel lha[
sets f'orth citizen priorilies and promotes the Iiealth, welfare and safety of the City.
B. The City published notice Ai' this Ordinance through the proceciure used to notify the
public of regular Council meetings.
C. '1"o support the adopted Current Exnense Bucf„et of the City and provide for the delivery
of services, the making of improvemenis anci the promotion of the health, welfare and
safety of the citizens, the City Council, after considering the financial reyui.rements of
the City far 2009, finds and detcrmines that there is substantial neeci to include the
6.39% increase ($631,060) allowed by State law, within the ad valorem property tax levy
of S10,500,000, adopted by the Cit), Couneil September 23, 2003 through Orclinance 08-
- 019.
Ordinance 08-019 Eacess Levy f'age 1 of 2
DRAFT
Section 3. 6.39% Inerease. 1'ursuant ro RCW 84.55, the City, by adopting Orclinance 08-
O1 A imposes an increase in the regular property tax levy (in addition to the increase resultina from the
ziddition of new construcfion, improvements and the increased value 4f State assessed properCy), in the;
amount of S631,060 which is a perc.cntage increase of 6.39% from the 2007 Ad Valorcrn F'roperly °I"ax
i..evy, which was collected in the City 2008 Fiscal Year.
Section 4. Ci LClerk. The City Clerk shall certify a copy of this Ordinance and forward
the szjme to the Board of County Commissioners ancl the Spokane County Assessors Offiee upon its
passage.
Seclion 5. Scvembilih~. Tf any section, sentence, clause, or phrase of this ordinance should
be held to bc invalid or unconstitutional, such decision shall not affect the validity or eonstitutionality of
anv other section, sentence, clause, or phrase oCthis ordinance.
Section G. l;ffective L')al:e. This ordinance shall be in full force and cffect five (5) days after
publication of this c,rdinance or a summary thereof in the official newspaper of the City as provided by
law.
Passed by t.he Spokane VaJley City Council this day of Seplember, 2008.
Mayor, Richard Munson
ATTEST:
Christine Bainbriclgc, City Clerk
Approved as t:o rorm:
Ufliec of the City Attorney
Date of Publieat:ion:
I:ffective 173te:
Qrdinance 08-019 Excess Levy F'a~c 2 of2
' CITY OF SPOKANE VALLEY
- Request for Council Action
Meeting Date: 09/09/2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business Xa new business ❑ public hearing
❑ admin. report ❑ information ❑ pending legislation
AGENDA ITEM TITLE: First Reading: Ordinance 08-020: Proposed Property Tax Ordinance
for 2009.
GOVERNING LEGISLATION: State Law
PREVIOUS COUNCIL ACTION TAKEN: There has been discussion regarding the anticipated
amount of property tax revenue and the property tax rate for the 2009 budget. A public hearing
was held on July 22 to review 2009 projected revenues, including the property tax levy.
Public hearings will be held in September and October to discuss the 2009 proposed budget
which includes proposed property taxes.
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BACKGROUND: State law requires the City to pass an ordinance in order to levy property
~taxes. The City is limited to a maximum of $3.60 per thousand dollars of assessed value, less
the highest levy rate authorized by a fire district within the city limits of the City of Spokane
Valley and less the library rate within the City of Spokane Valley.
The City considered levying $1.60 per thousand dollars of assessed value which is the amount
authorized under state law for municipal purposes. A review of City budget needs and the
increase in assessed value now indicates the City levy will be closer to $1.53/per thousand
dollars of assessed value. The actual rate for the City will not be known until January of 2009
when final assessed value calculations are available.
OPTIONS: An ordinance is required by law. The council could levy an amount less than that
proposed, and reduce the budget an equal amount.
RECOMMENDED ACTION OR MOTION: Move to advance the ordinance to a second reading
at the September 23 Council meeting.
BUDGET/FINANCIAL IMPACTS: This ordinance levies property tax for the City's 2009 budget
year. Staff expects property tax revenues to be near $10.5 million once growth in assessed
value and the allowable increase in the tax levy have been included. Property taxes make up
22% of General Fund revenues and beginning fund balance.
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STAFF CONTACT: Finance & Admin. Services Director, Ken Thompson
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CITY QF SPOKANE Vt1LLEY
- - SI'OKANF CU'IJNTY, VVASHIlVGTbN
ORDiNA~\CE Nn. 0$-020
AN QRDINANCE OF 7TT-E CITY OF SPQKr11\rE VALLEY, WASHlt1`GTON, LT'VYING
THE KEC U1..AR PFtOT'ER'I`Y TAXES F()R THF CIT'Y OF SFOKANE VALLEY,
VI'ASHP 1GTUV IN SPOKaNF COUNTY FOR THr YEAFZ COMATENC.rNG
JANUARY 1, 2009 TO PRQVIDE 12:k:VEYUF FnR CTl`Y SERVICES AS SET FURTM
TN THt CITY 13UDGFT.
WHEREAS, State law Authorizes the City of Spokane Valley to levy regular property taxcs upon
the taa:able property within the corpomte limits in order to provide revenue for the 2009 General Fund
budget of the City; and
WHEREh1S, the City of $pokane Valley is authorized to levy $3.60 per thousand dollars of
assessed valuaLion deducting therefro«i the hiahcst levy collected by a Fire District witliin t:hc Spokane
Valley city li►nits arid also declueting the Spokane Valley I.:ibrary Disl:riee levy; and
WWf'RrAS, R.CW 84.52.020 requires the City Council on dr before the 30I' day of November to
certify budget estimates to the clerk af'the Spokane Cotmty Board of Commissioners including amounts
to be raised by taxin~ property ~vithin the limits of the City; and
VVI-iEREAS, the City Council pursuant to notice, held public hearin~s on July 22, Septernber 9
. and October 14, 2008 on dle proposed budget estimates for 2009 including revenue sources which will
fiind the provision of City serviees, projects and activities.
\'OW, THEKEFORE; the City Council of the City of Spokane Valley, Washington, do ordain as
follows:
Secti(in 1. 2009 Lea Rste. Therc Sh.ill be and is hereby levied and imposed upon real
prope_rty, personal property and ulility property, as defined in RCW Chanter 84A2 and 54.55.005 in the
C;ity of Spokane Valley, Witshington a regular proncrt), tax 1'or the ye<1r commencing January 1, 2009 in
the total amount of $10,500,U00. It is recognized the City of Spokflne Valley aan lcvry $3.60 per thousand
dollars of assessecl value less the highest fire districk levy within the City of Spokane Valley ancl less the
library district levy.
The regular property taa: levied through this ordinance is for the purpase of receiving revenue to
make qayment upon lhe general indebtedness of the CiCy of Spokane Valley, the general fund obligatioris,
xritl for the payment of services, projecLs amd aCtlvities for the City durin~ t:he 2009 calendar year. `I°he
purpose of this ordinancc is lo establish the levy amount as permitted by law.
The City expects the dollar arnounc of the property tax levy ta be $10,500,000 which is $631,060
greater (639%) than the 2007 levy which was eollected in 2008.
Section 2. Noticc to Spokane County_ Pursuant to RCW 84.52.020: the City Clerk shall
cert'iFy to the County I~egislative Authority a true and correct copy of tliis ordinance, as well as the budget
estimatcs aclopted by the City Council in order to provide For and direct the taxes levietl herein that shall
be collcctEd and paid to the City of Spokane Vallcy at the time and in the manner proviclcd by the laws af
the State of Washington.
(7rdinance 08-020 Regular F'roperty "I`ax Page 1 of 2
DRA F7"
Seetion 3. Severabilitv. If any section, sentence, clause or p}vase of this ordinance shall
be held to be invalid or uneonstitutional by a court of cvmpeteni jurisdiction; such invalidity or ,
uncpnstitutionality shall not affect the validity or constitutionally of any other section, sentence, clause ar
phrase of this ordinance.
Section 4. Effective [7ate. Tllis Urciinance shall be in Full force ar►d effect five (5) days after
publicaCion of this Ordinance or a summary thereof in the official newspaper of the Ciry iis provided by
law.
PASSETa by the Cih' Council this day of , 2008.
Ma}'Qr, IZichtjrca M. iUlunson
4TTEST:
City Clerk, Christine Bainbridge
Appruved As To Form:
Oftiee of the Cit_y Attorney Date of Publication: Effeciive Date: C)rdinance 0$-020 Regular E'roperly Tax Pace 2 pf 2
CITY OF SPOKANE VALLEY
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- - Request for Council Action
Meeting Date: 9/9/08 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~]C new business ❑ public hearing
❑ informaiion ❑ admin. report ❑ pending legislateon
AGENDA ITEM TITLE: Preliminary Legislative Agenda and Use of a Lobbyist
GOVERNING LEGISLATION: ' None
PREVIOUS COUNCIL ACTION TAKEN: Annually, the Council considers various legislative
topics to determine how best to protect and promote the interests of the City. Over the course
of several months Councilmembers have discussed a variety of potential legislative items as -
noted in the Other Pending Issues section of the Draft Advance Agenda routinely distributed to
Council and staff.
BACKGROUND: It seems as though all govemment associations are determined to adopt a
Preliminary Legislative Agenda in early September in order to gain attention for potential
inclusion in the Governors' Budget in advance of the upcoming session of the VWashington State
Legislature. Hence, Spokane Valley would do well to adopt such an agenda by September 9.
On that date we anticipate that Council will discuss the following items and any others that might
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arise.
In no particular order of priority, these items have been mentioned to date: 1) state funding for
statewide communications (interoperability) infrastructure, 2) increased state funding for the 911
system, 3) state financial support for the completion of Greenacres Park development and any
site acquisitions that may be available, 4) support funding for City Center public improvements,
5) reasonable legislation related to the "cap and trade" provisions of climate control regulations
under consideration, 6) street utility enabling legislation, and 7) access to enhanced state fuel
purchasing power.
The Council previously decided to retain the assistance of a lobbyist firm to 1) create a
presence for the City in Olympia so that legislators are aware of our active interest in pending
legislation such as Growth Management Act revisions, 2) alert the Council to emerging issues
that may have a posifive or adverse effect on the City, 3) identify revenue and grant funding
opportunities, 4) and facilitate a capital funding requests for projects of City interest. The
proposed contract for such services in 2009 will cost $36,000, which has been allocated in the
proposed budget pending Council action. .
OPTIONS: 1. Adopt an initial legislative agenda. 2. Revise the proposed agenda. 3) Give the
matter further thought. RECOMMENDED ACTION OR MOTION: Move to adopt an initial legislative agenda for 2008
that includes 1) state funding for statewide communications (interoperability) infrastructure, 2)
increased state funding for the 911 system, 3) state financial support for the completion of
Greenacres Park development and any site acquisitions that may be available, 4) state funding
for City Center public improvements, 5) reasonable legislation related to the "cap and trade°
provisions of climate control regulations under consideration, 6) street utility enabling legislation,
and 7) access to enhanced state fuel purchasing power. .
BUDGETIFINANCIAL IMPACTS: $36,000 for lobbying services has been allocated in the
proposed FY 2009 budget.
STAFF CONTACT: Dave Mercier and Mayor Munson
CITY OF SPOKANE VALLEY
~ ~Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Approval of Interlocal Agreement with Thurston
County
GOVERNING LEGISLATION: Intergovernmental Purchases: RCV1! 39.34.010; 39.34.030(5);
SVMC 3.40.050(E)
PREVIOUS COUNCIL ACTION TAKEN: Goal Statement for 2009: Comalete records
indexinq and phase in a document imaqinq svstem City department by City Department with
the goal of achieving city-wide implementation in 2010.
BACKGROUND: After staffs due diligence in researching various document imaging
companies, staff recommends proceeding with Laserfiche, and in order to piggyback on
Thurston County's Professional Services Contract with VP Consulting, Inc. (aka VPCI) for
purchase of Laserfiche Records Management System, we are asking Council approval of an
Interlocal Agreement with Thurston County. °Piggybacking° eliminates the need for an RFP.
RCW 39.34.010 authorizes interlocal agreements between government agencies, although
there are sorne basic principles and several items which need to be addressed in order to
"piggybackp on the contract of another municipality or government agency.
According to the Attorney General Opinion April 1, 2003: we can piggyback provided
1. all invalved agencies have the authority to bid
2. the contract was awarded in compliance with bid requirements of each agency
3. the contract was awarded with language about the intent to use an Interlocal; and
4. no statutes prohibit the purchase.
An interlocal does not have to be in place prior to contract award, but we prefer to have such in
place to keep the process smoothly moving forward. This Interlocal is scheduled to go before
the Thurston County Board of Commissioners at their September 15, 2008 meeting.
According to RCW 39.34.030(5) (adopted in 2004):
With respect to one or more public agencies purchasing or othenruise contracting through a bid,
proposal, or contract awarded by another public agency or by a group of public agencies, any
statutory obligation to provide notice for bids or proposals that applies to the public agencies
involved is satisfied if the public agency or group of public agencies that awarded the bid,
proposal, or contract complied with its own statutory requirements and either
a. posted the bid or solicitation notice on a web site established and maintained by a
public agency, purchasing cooperative, or similar service provider, for purposes of posting
public notice of bid or proposal solicitations, or
b. provided an access link on the state's web portal to the notice.
As the "piggybacker we must
1. sign an interlocal agreement with the host agency (in this case, Thurston County)
2. obtain a copy of Thurston County's
Invitation to Bid 4 (have)
Request for Proposal 4 (have)
Bid Tab ~(have some documents, waiting for others)
Website Cert'rfication ~ (have) . ,
Contract ~ (have)
OPTIONS: Ask staff for further details; or take other action deemed appropriate by Council.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to
execute the Interlocal Contract with Thurston County.
BUDGETlFINANCIAL IMPACTS: Funds have been budgeted in 2008 to initiate work; and
$400,000 has been budgeted for records management for 2009.
STAFF CONTACT: Cary Driskell/Chris Bainbridge
ATTACHMENTS:
Draft Interlocal Agreement with Thurston County
Thurston County RFP Page 22, Section 3.9: Cooperative Purchasing
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INTERL4CAL JOINT PURCHASING ACI7EEMENT .
TftiS 1NTERLOCAL AGRFTNIENT is entere_d inCU this day of , 200$
beriveen the City of Spokane Valley (hereafter "City"), a municipal corperation under tl-ie laws
of the State of Washington, and THURSTON COiJ11TY (hereafter "County"), a political
subdivision under the laws of the State of Washington.
W I1"NES SETI-I: -
WHFREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
R.evised Code of Washington provides for interlocal cooperation beriveen governmenlal
agencies; and
WI-1LREAS, the parties desire to utilize each others procurcment agreemcnts when it is in their
mutual interest.
NOW; THEREFORE, the parties agree as follows:
1. PURPOSE: "1'he ptupose of this Agreement is to acknowledge the parties mutual interest to
jointly bid the acquisition of eoods and services where such muttial effort can be plar_uied in
advance, and to authorize the acquisitian of goods and services and the purchase or acquisition of
goods and services under contracts where a price is extendcd by either party's bidder to other
governmental agencies.
2. ADMINISTRATiON: NO new or separate legal or adminislrative entity is creatcd to
administer the prpvisinns of this Agreement. The party to this Agreemeiit responsible for the
administration of any joint undertaking shall be deteinuned on a case by case basis of which
notice shall be provided in writing to the other pai-ty, incluciing name, department; telephone
number ancl address.
3. SC4PE: '1'his Agreement shall allow the following activitics:
A. Purehase or acquisition of goods and sen~ices b}~ each party acting as agent for eithcr or both
parties when agreed to in advance, in xriling;
B. Purchase or acquisition of gootls and services by each party where provision ha.s been
provided iii contracts for other governmental agencies to avail themselvcs af goods and services
offered under the contract and/or -where cither party's bidder is ,Arilling to extend prices to othcr
gavertunental agencies.
4. DURATION OF AGRFl;ME 1VT - TERvIIiNATION: This Agreement shall remain in force
for a period of five (5) years unless terminateti by either party in writing, Either party may
teeminate this Agreement for any cause upnn sisty (60) day advance written notification to the
other party. Termination shall not alier the obligations of the parties hereto re€arding paymenl
and/or disbursal of property in a.joint purchase that was undertaken prior to ternunation.
Interlocal Joint Purcliasing Agreement Page 1 nf 3
DRA FT
5. RIGHT TO CUNTRACT - INDEPENDENT ACTION PRESFR«D: Each party . ,
reserves the right to contract independently for the acquisition of goods or services without
notice to the other part}, and shall not bind or othcrwise obligate the other party to participatc in
the activi ty.
6. COMYLiANCE R'ITH LFGAL RFQUIR-EMENT: Lach party accepts responsibility for
compliance %vrith federal; state or local laws and regulations including, in particular, bidd'uig
requiremenls applicable to its acquisition of goods and services.
7. FINANCING: 1"he method of -F'inancing a1'payment shall be thrnugh budgeted fiinds or other
available fiuids of the party for whASe use the property is actually acquircd or disposcd. Each
party accepts no responsibility for the payment of the acquisitiAn price of any goods or services
intended for use by the other party.
8. FLGiNG: 17ully e:+ccuted copies of this Agreement shall be filed as required by Section
39.34.040 of the Reviscd Code of Wash;ngton prior to this Agreement becoming effcctive.
9. INTCRLQCAL COOPERATIUN DISCIsUSURF: Each party may insert i.n its solicitations
Por goods a provision disclosing that other authorized governmental agencies may also wish to
procure the goods being offered to the party and allowing the bidder the option of extending its
bici to other ageneies at the same bici price, terms and condicions.
10. NON-AFLEGATIO\`/iN0N-ASSIGNII'(ENT: Neither party inay delegate ttle perfarmance .
of any contraclual obligation to a third party, unless mutually agree_d uPon in vvriting; neithcr
party may sign such agreemcnt ,vithoul the written consent of the othcr party.
11. HOLA-HARiNMES5: Each party shall indemnify, defend and hold the other party harmless
from any liability arising from any negligenl or wrongful act or failure to act on the Part of itself
and its employees. Neither party assuines responsibility• lU the otlier party for the conscquences
of an}' act or omission of any person, Frm or corporatinn not a party to this Agreement.
12. SEVERAB11fITY: Any provision of this Agreement; which is prohibite_d or unenforecable,
shall be inc.ffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity or en.forcement of such provisions.
13. DISPiJTE 1t147,SOLUTION: Administraiion of the provisions of this Agreement shall be
resolved by a joint board to consist of the chief executive officer of each party, and/or their
designee. Taisputes arising under this Agreement sliall be resolved t1u-ough consensus Agreement
of the joint board. If consensus resolution is not obtained, either party reserves its rigit to pursuc
other forms of relief.
14. ACQUISITIOT'/nISPOSITI0N: All property contracted for under the provisions af this
Agreement shall be acquired, held, and/or disposecl in accordance w7th the temis anct provisions
of the joint bid or solicitation dnc;uments contemplated herein. Each joint bid or solicitation
docuineni shall slate the inanncr for acquisition and/or disposition of the property contracted
with respec.l to each party.
Interloca) Joint Purchasing Agreement Page 2 of 3
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D,Cit1FT
BOARD Ol+ COUNTY CUVIMTSSIONERS ()F THiJRSTON CULJ1tTY, WASHIiNGT0N
CHAIRMAiN
V1CE-CHAJ_RMAN'
COMMISSIOrTER
Approved as to form:
EDWARD G. HOLM
PROSFCUTING ATTORNEY
13Y:
DEPU1`Y PROSECUTIiNG ATTQRNE Y
DATL: .
Name of entitv
CITY MANAGER
ATTEST'E-17 '1'O:
CITY CT.,ERK
nPPROVLD F1S TO FOlZVI:
CITY ATT012NEY
Taate:
Interlocal Joint Purchasing Agreement Pagc 3 of 3
Responcier agrees not to refer to Thurslon Coiuity in any litcraiure, p.ron7otional iuaterial, brochures, -
sales presenlation, or ~ie like cNhthout the express N~rritten consent `p:, f'.I'tatustojiCnty . - .
Thc Wasliingtnn StatE Lnter-lacal Cooperative Act, RMY 39.34. provides a means for governmental
agcncies to cnoperativcly purcbase goods and servic;es. RESpouders aD ee that other Washina on
State niua.icipalities may acquire the ECNIS soffivare under tenns equivalent to this contract.
3.10 Sc►urce Code/Sofhvare
"I o protect Thurston County i.n the event the sirpplier chaosES not to per.form or is no longer able to
perfoim the zequired scrvices, a coPy of the Source Code ~vrith all customiiation and new release(s)
of thE product(s) wtill be supplied to Thurston County- royalty free.
The SoftNvare Source Cocle shall be held in escrow, Mth Thiuston County having fiill rights to all
code iu the event the Successful Responder ceases to perform reqijired services. This includes a.ll .
_ proo ams, libraries, and utilities reqlured to build and mainta.in the sofltiNure pragram. Successful
IZ.esponcier will keep the Software Solu-ce Code current with e,ach new r.elease of the product(s).
3.1.1. Necessary Ancillary Sofhvare
Unless specifically excepted by the tcrms of the R.FP, all software, includi.ng languagc compilers,
uiiddleware, clatabasc interfaces, and system management tools; ordinarily furnished or prudently ,
reqiured to make the proposcd soflvvare product a complete :functianing system when installed on
Cnunfy supplied computers and operating systems shall be clearly identifed and fuinished by the ,
SuccessFul Responder, at no adclitiona.l cost to Thurston County. Thurston Counly rescrves the right to procure through its awn mcans thi.rd party conunerciaJly
ava.ilabl.e software and hardware specified by the Successrul Rcsponder in order ior the LCi~1S to
fiuiction correctly. Third party soffware sha11 include aU softNvarc items idenNf;ieci in the precediug
paragraph, as wcll as, operati.ng systems, a.ncl databa..~e systems.
312 V1'ashinb nn Statc WAC Requirements
Suceess Responder must adhere to NAIAC Chaptcr 434-663 VVAC - Imaging Systems, Standards for
Accuracy and Durability.
3.13 l-J:ealth Insurance Portability and Accountability Act (HIFAA) ]2equirements
The Privacy and Security ltegulations under the B-TFAA act impose certain requiremcnts ou
busincss associates of covered entities who create, or receive protected health in.formatiou (PI-11) on
behalf of a covered entiry. Because some of the county ofEices and departmen:ls are covercd eutities
unde.r HI.PAA, the Successful Responcle.r must sign a HIPA..A Business Associate Agreement beforc
work on the files oFsuch offices and departments may begin. In addition, all the Successful
Responders' cmployees, subcontractors, or agents who Mll be working ou this Contract for
departments that are covered entities iuider IIIPAA must sign a Confideniiality and Noudisclosure
Agreement. .
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Versinn ~ 12 81812008 ,
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business [~x new business ❑ public hearing
❑ information ❑ admin`. report ❑ pending legislation
AGENDA ITEM TITLE: Continuation of Appeal Deliberation -App-02-08, 03-08
GOVERNING LEGISLATION: SVMC 17.90.070-080
PREVIOUS COUNCIL ACTION TAKEN: NA
BACKGROUND: This is the time for deliberation concerning the Closed Record Appeal, APP-
02-08, 03-08. The hearing was conducted on August 26, 2008.
OPTIONS: Deliberation may be conducted privately with the City Attorney or in an open public
session or in any combination of the two. The City Attorney will provide additional legal briefs
pursuant to Council's request made on August 26, 2008.
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RECOMMENDED ACTION OR MOTION: Council Discretion
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Mike Connelly, City Attorney
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CITY OF SPOKANE VALLEY
, Request for Council Action
Meeting Date: September 9, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ Consent 00ld business Q New business a Public Hearing
❑ Information ❑ Admin. Report ❑ Pending l.egislation
AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan Deliberations
GOVERNING LEGISLATION: The Subarea Plan must be consistent with the C'rty's
Comprehensive Plan and the Washington State Growth Management Act (GMA), RCW 36.70A.
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The Sprague/Appleway Revitalization Plan process was initiated during the
summer of 2006. After a series of worlcshops and study sessions, the staff/consulting team
presented a Public Hearing Draft Sprague and Appleway Corridors Subarea Plan for hearings
and review by the Planning Commission.
After public hearings and deliberations, the Planning Commission presented their
Recommended Subarea Plan to City Council for review, hearings and deliberations.
On July 29, 2008, City Council conducted a public hearing on the Subarea Plan. Council
accepted testimony on Book I: Comrnunity Intent and Boot II: Development Regulations. Due
to the lateness of the evening, Council closed the public hearing on Books 1 and II. A second
hearing was held on August 19, 2008 where Council received testimony on Book III: City
Actions. On August 26, 2008, Council discussed the deliberation schedule and asked
questions about issued raised during public testimony.
On September 2, 2008, Council began deliberations on Book 1: Community Intent. Council will
finish deliberations on Book I.
See attached revised deliberations schedule.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION:
Subarea Plan will continue through deliberations as scheduled.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, Senior Planner
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Attachment: Revised Deliberations Schedule
Sprague and Appleway Corridors Plan Council Deliberation Schedule
(Revised September 9, 2008)
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September 9, 2008 - (30 min.)
• Book I: Community Intent - Deliberations
September 23, 2008 - (60 min)
• Book II: Development Regulations
o Applicability
o Zone District Boundaries
Seqtember 30, 2008 - (60 min,)
. Book II: Development Regulations; Site Development Regulations
o Zone District Charts (setbacks, frontage coverage, etc.)
o Building Orientation
o Building Use
o Building Height
o Public Frontage
o Setbacks, coverage, build to corner, max building length
October 14, 2008 - (45 min.)
. Book II: Development Regulations; Street and Open Space Regulations
o Prelocated Street Map
o Street Types
o Open Space Standards
o Access Management October 28, 2008 - (45 min)
. Book II: Development Regulations; Parking Regulations
• Book II: Development Regulations; Architectural Regulations
• Book II: Development Regulations; Signage
November 4, 2008 - (60 min)
. Book III: City Actions
o Street Network Improvements
o City Center
o City Center Civic Facilities
November 18, 2008 - (60 min)
. Final Deliberations
December 2, 2008
. First Ordinance Reading
December 9, 2008
. Second Ordinance Reading
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 9, .2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
0 information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : 2008 Community Survey
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: In 2004, the city conducted an initial community preferences survey to solicit
public input on land use, transportation, and a variety of community issues_
The city has budgeted for an updated community survey to be conducted in 2008. A schedule of
regularly conducted, statistically valid community surveys will provide Council and staff with
information and feedback to respond to community needs, prioritize programs and projects, and
to establish and measure citizen satisfaction of city services. A community survey is an
important component of the city's efforts to develop and achieve perfonnance measures.
Staff is in the process of seeking a qualified firm or other agency (such as International City
Manager's Association) to conduct the survey. Staff will then work with the selected firm to
develop the survey and will then present the draft survey to Council for review and input prior to
public distribution.
It is anticipated that the survey will be conducted in November with a report to Council on the
results approximately in December 2008.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: For information only.
BUDGETlFINANCIAL IMPACTS: $20,000 as been budgeted for this survey.
STAFF CONTACT: Mike Jackson, Deputy City Manager, Carolbelle Branch, Public Information
Officer
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ATTACHMENTS