2008, 08-26 Regular Meeting
AGENDA
SPUKANE VALLEY Ct'fY CQUNCiL
REGULAR MECTIhG
Coancil Mecting #143
Tutsday, Aagnst 26, 2008 6:00 p.m.
Spokane VAllcy City Ha!! Council Chambero
11707 E Sprague 4veaue
Cnunci! Rryrtrsts Please Slltnct t'our Ccl! Phones During Coarecf! Afeeting
C.4LL Tf) QRp~R:
1IN'VQCA77()N: Pastor Jerry Spc►nseltor, Opportunity Haptist Churth
PLEQGE QF ALLEGIANCE:
RnLL CA.LI.:
APPROVAL OF AGENDA:
I47ROUIIC'TiON OF SPECIAL GiTF-STS AnD PRESENTATI0IS:
C041M1TTEE. B0ARD. LI_4LSUV SUi1O1AR7r' REPORTS:
hiA1'OR'S REPORT:
PUBLIC COINfl1iEti'TS; 'l'his is nn up[x4rtunity fur t]iC public tu sprak un an% suhjes:: not on the agend:i
for aciion. Whrn you came to the podium, pleaw state yc,ur name nnd ntfdress for the rccard and limit
mmurks to threc minutcs.
1. GL4SED RECQRID PUB1JC RF-ARING: Appculs AI'P 02-08 aud 03-08 - Mikc Cannrli%
2, COy5EN7 AGEl1DA: Cousists of irems cansidered routine which arr approvrcl as s grvup. A
Councilmemt+er may- remove u► item fmm the Consant Agencia to be c:ansidered 5eparately.
a- Approval of the fallowing Claim Vouchers:
♦'OUCI-IbR LIST VvUCHER #s Tc?T.11. VOUCHER I
DATE A.MUUTIT
BRIf2) 00 8 15207- 15359 $503,593.~2
I C;RAND TOTAL $503 593.82
b. Payroll for pay pcriod cnsiing August 15. 2008: S253,404.05
c. Rcsolutson 08-017 Scuing Plnuning Cvmmissian Hearing t'ar 5tnrt Vecation SN 03-08
d. 5tormwater VactarinF Cha»ge Ordcr
r. Approva) of Council hiceting Minuta of August l?, 2U08
f Approval of Councii Shid}• Session Minutcs of August 19. 21OU8
NEw' BUSPJ$S:
3. Second Reading Pmposzd Ckclinancr 08-016 for Su"t Vacation ti"rV 01-08 - Christiiin Jans's-en
ipubl[c comment]
a. First Reading Froposcd Ordinancc 08-01 , Amettding Eieigbt Requirement Christina Jan~>en
(publk comment]
3. Motion Considcrat.inn: 8id Awand 5praguelBowdisli PCC Intcrsoction - Stm-c Worlcy
[pnblic comment]
6. Motion Constderntion: Bnosdwsy Rehab Pmjert Bid 1-90 to Park-Steve Wvricy (pnbtic commeat)
7. Motion considtrntion: WSDOT Aerecmcnts - Stevc Wortcy -(publk comment]
(.'auncit :l:anda (A•26-09 (Zchnl:i: k1r.Iir.iz Pit(;e i of :
8. Mntion considerntion: Allocntion of hin.iine fot Outsidc Agcncies - Kcn Thompson (pnhlic comment]
PUBLIC CU`M1Eti'I'S This is an oppartunity for the pubtic te speak on uny subject not on the ngenda
far action. When you came ro thc podium, pleasc statc your nsmc and address for thc record and llmic
reTnarlcs to three minutes.
ADy11NISTRATIVE RJEPURTS:
4. GratTiti Upxiute - Ricl: Scutt/Rick VnuLruven
10. SpmgueJAppleway Rrvitalizatian Plan,'Sulxirea Plan Ovrrview - Scott Kuhta
M QRN'IA,TI(aN 41L1':
11. WRIA (Watershecl Planning) Memornndum of Auihurity - Greg McCormicl:
12. Barkcr Road Bridgc Project Dept. af Fish and Wildlifr Mitiguuon - Stcvc R'orloy
13. l.ctter of Campliment
14. Deparnnent Rcpc►rts
ADJ(?URNIN1.EN'r
FLTURE SCNEDt'LE
Regular Counrl! Mettlxgs an gertrull}- br/d 2rrd axd I`h Tuasda},s, bcginning at 6:00 p.m.
Culurril Sluch, Sessions an• generallt• hcld 1`', 3'J ntrrf Stlr Trresrlqti•.r, heRinning n16:0/) p.rri.
NOI7CE: tndividwtls platuiing to atund tbe mceting wtw rcquire special nssistancx to atxommodote phywcal, hesr"sn& or otber I
impalrmrrrts, plca:r comcut t!:c C'in Clrrk at 1509f 92 1-IA01) a5 +otrn 3-1 pos5fhle w that xrrBn.gcmrnts rm% he ntecfr
Council Agtndn 68•26•08 Rcgul:u biccling Pagc 2 of 2
: CITY OF SPOKANE VALLEY
Request for.Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent [j old business ~ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Appeal App-02-08, 03-08
GOVERNING LEGISLATION: SVMC 17.90.070-080
PREVIOUS COUNCIL ACTION TAKEN: NA
BACKGROUND: This is a Closed Record Appeal of a decision of the Hearing Examiner. The
record below has already been provided. Copies of the two appeals have been provided.
Appeals of this nature are described generally in SVMC 17.90.070-080. Specific rules for the
conduct of the Hearing have not yet been adopted by Council as part of the Uniform
Development Code adopted in September of 2007. Consequently the Council may adopt what
procedural rules it feels are appropriate and consistent with a Closed Record Hearing. The City
' Attorney has recommended that the previously adopted rules be used by the Council with an
exception for the deadline for filing briefs to allow the greatest opportunity for participation. A
copy of the correspondence sent to the parties with that recommendation is attached. The
response from one party is also attached.
OPTIONS: Adopt procedural rules; affirm or reverse the Hearing Examiner's Decision or
remand it for further proceedings.
RECOMMENDED ACTION OR MOTION: Council Discretion
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Mike Connelly, City Attorney
ATTACHMENTS
1. Correspondence to Parties
2. Response by Party
'i
OF'FICE OF THE CITY ATT012UNEY
NIICHAEL CO\nTELLY, CITY ATCORN-EY
sc"Y'Rane ~ CAkY P. DRISKFLJ., AFPUTY CTTY ATTORNEY
p
.;oOValley 11707 E Sprague Ave Suite 103 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.688.0299 1 cityhall@sp~okanevalley.org
Augu.st 18, 2008
uTary Pollard Jan Austin
17216 East Baldwin Avenue 1.7222 East lviission Avenue
Spokane Va11ey, NVA 99016 Spolcane Valley, WA 99416-9565
Kathy McClung Tim Lcivis
City• of Spokane Valley LewRad llevelopment, LLC
11707 East Spra;ue Avenue, Suite 106 12402 North Division, #244
Spokane Valley, WA 99206 Spokane, WA 99208
KE: Proposed Rules of I'rocedure
To: All PartYes to Appeal AFP-02-08 ancl APP-03-0$ '
As you l.now the appcal in the above captioned matte.r as schedulcd for August 26, 2008"ai
6:00. The Council has not yet adopted specific rules of procedures for the hearing itself.
Thc rules tliat have been adopted govern how an appeal should be filed and set for hearing
, .
(sec Attachment 1).
In the absence of aay speciFc rules I would propose that any memorandum or brie:f.s
supporting or opposiag the Appeal be filed by August 25, 2008 at 5:00 p.m.; that any objection to materials submitted alonc, with either appeal be filed by the same tiine; and .
that any responsive memorandiun be'filed by the Friday followina the hearing by 5:00 p.m.
I would also propose that we follow the prior eaist7ng rules governing City Council appeal
hearings (see Attachmcnt 2).
Any objections should be made to coumcil at the tune of the hearing. Let me knnw if you
have any questions. • .
Very truly yotirs, '
Michael F. Conn
City Attorney
Attachment 1: SNWC 17.90.070 - 080
.~~Attachment 2: Prior niles governing City Council Appeal Hearings
Attachment l
-17.90.070 Time for and contents of an appeal to the city counciL ;
All appeals to the city council shall be closed-record appeals and shall follow "
the procedures and conduct as set forth below:
A. Appeals of the hearing examiner's decision to the city council must be:
1. Filed with the city clerk within 14 calendar days from the date the final
decision of the hearing examiner was mailed;
2. Accompanied by the appeal fee identified by Chapter 17.110 SVMC;
3. Accompanied by the separate transcripUrecord deposit fee identified by
Chapter 17.110 SVMC; and .
4. Submitted on a form obtained from the city clerk.
_ B. The appeal form submitted by the appellant shall contain the following
inforrnation:
1. The file number and a copy of the decision;
2. The name and mailing address of the appellant, the name and mailing
address of the appellanYs attorney, if any, and the name of the applicant, if
different than the appellant;
3. Facts demonstrating that the appellant has standing to appeal;
4. A separate and concise statement of each error alleged to have been
committed;
5. A separate and concise statement of facts upon which the appellant
relies to sustain the statement of error; and
6. A request for relief, specifying the type and extent of relief requested. ,
C. Upon receipt of the written appeal form and payment of the appeal fee, the
city clerk shall forward a copy of the appeal and the transcripUrecord deposit fee
to the hearing examiner. D. The appeal shall be dismissed by the city council if:
1. It is filed by a person without standing to appeal;
2. The city council does not have jurisdiction to hear the appeal; .
3. It is nat timely filed;
4. The appeal fee or the transcript/record deposit fee was not timely paid;
5. The appellant failed to timely pay the costs incurred by the hearing
examiner in preparing the verbatim transcript and certified record, after being
billed for such costs; or
6. It is not filed in accordance with the procedures set fortli" in these rules.
All motions to dismiss a defective appeal shall be filed within 15 calendar days
from the filing.date of the appeal, except for a dismissal under subsection (D)(5)
of this section. The city council may dismiss an appeal under subsection (D)(5) of
this section, upon receiving written notification from the hearing examiner that the
appellant failed to timely pay the costs incurred by the hearing examiner for the
appeal after being billed for such costs.
E. The hearing examiner shall have 30 calendar days from the filing date of the
appeal to- prepare a verbatim transcript of the hearing before the examiner and a
certified copy of the documents in the record, and to bill the appellant for the
costs incurred. The city council may authorize a longer time, at the hearing
examiner's request, for unusualfy large records or transcripts.
~
. . 1 .
Attaclunent 1
1. If the hearing examiner, the appellant, and the applicant (if different
1` than the appellant), agree, or upon order of the city council, the verbatim
transcript and/or record may be shortened or summarized to avoid reproduction
or transcription of portions of the record that are duplicative or irrelevant to the
issues raised by the appeal.
2. Upon completion of the transcript and record, the examiner shall bill the
appellant for all costs incurred by the hearing examiner in preparing the verbatim
transcript and certified record. The appellant shall pay the balance above and
beyond the deposit fee within seven calendar days from the date the bill was
mailed or provided to the appellant.
3. Upon the appellant's payment of the bill for the cost of the transcript and
record, the hearing examiner shall, by the next business day, deliver a copy of
the appeal, verbatim transcript, and certified record to the city clerk. The hearing
examiner shall also provide to the city clerk a list of the names and mailing
addresses of the applicant and the parties of record to the hearing before the
hearing examiner. 4. The city clerk will furnish copies of the transcript and record to the
applicant, if different than the appellant, all members of the city council, and the
city attorney. The hearing examiner, upon request, will furnish copies of the
transcript and record to the appellant, the applicant (if different than the
appellant), and other entities that may request one at the cost of reproduction. .
5. If the city council dismisses the appeal on procedural grounds, the
appellant shall reimburse the hearing examiner for the balance of the costs
incurred by the hearing examiner in preparing the transcript and record as of the
date of the dismissal, 'rf any. (Ord. 07-015 § 4, 2007).
17.90.080 Appeal review process for city council.
.
The city council, at its next regular meeting following receipt of the transcript
and record from the hearing examiner, will schedule a closed-record hearing on
the appeal.
A. The city council shall schedule the appeal hearing'no sooner than 30
calendar days from the date the transcript and record were received from the
hearing examiner.
B. The city council may approve a later hearing date upon agreement of the
, applicant.
C. The appellant, or a party of record in opposition to the appeal, may provide
input as to the hearing date only in person at the meeting, or by submitting a
letter to the city clerk prior to the meeting.
D. The city clerk shall mail notice of the time, place and date of the hearing to
the appellant, the applicant (if different than the appellant), and all parties of
record to the hearing before the hearing examiner within five calendar days from
the date the appeal hearing was scheduled.
E. Closed record appeals before the city council shall be concluded within 60
days from the date the transcript and record are received by the city clerk, unless
the applicant agrees in writing to a longer period. (Ord. 07-015 § 4, 2007).
2 -
Attachment 2
1. Thc Council shall not consi.der any new facts or evideiice outside the verbatim ,
transcript and certi~'ied record submitteci by the Hearing Examiner, except for:
a. Grouncls for disqualification of the Hearing Examiner, when such grounds
wEre unknown by the appellant at tlie timc the record was created;
b. Matters that were improperly eYCluded i'rom the record after being offeeed
by a party to the ]learing betore the ITearing Examiner; or
c. Matters that were outside the jurisdiction of the Hearing Examincr.
Thc Council shall allow the record to be supplemented if the o£fering par.ty
demonstrates grounds far supplementatyon as set forth in items (a); (b), and (c),
unmediately above.
2. The Gouncil Nvill allow oral argument by the appcllant, or a party of .record in
opposition to the appeal, subject to the follo,,N7ng requirements: a. It is exPected that all parties can reasonably be aligiled as either in support
of the Appeal or opposed to the appeal. Accordingly, all partics xho desirE
to make oral arguinent shall conimunicate vvitY► othcr parties aligned on the
same side of the appeal and attempt to rcach agreemcnt in selecting a
rcpresentative, or otkenuise arrange for the allocation of time allowed .
undcr tbese rules to thosc in support of or thosc opposed to the appeal.
b. Oral argument shall be presented firsC by the appellant, folloWed by those
parties of record in oppositiion to the appeal, and then rEbuttal anci
siurebuttal.
c. Oral axgument sha11 he limited [o statuig why the record or applicflble laNvs
or regulations do not support the decision, and shall not contain any new
facts or evidencc unless allowed by Section "1."
d. Oral argument shall be limited to twenty (20) minutes tntal for the
appellant, and twenty (20) mi.nutes total for thosc partie:s in opposition to
the appeal, regardless of how many parties makc up each sidc.
e. Tlie respcctive timcs allawed for oral argiunent abovc include the
combined time used by a side for open.ing argument, rcbuttal and
surrebuttal. The time taken to respond to quEStion from the Council is not
ineluded in the tune allowed for argiunent.
3. The Council may affirm or xeverse the Hearing Examiner's decision, or remand it
for further proccedings. The Hearinb Examiner's decision will be presumed to be
correct and supportEd by the rccord and law-.
,
1
Attachment 2
4. The Council may reverse the IIeAring Examiner's decision, or remand ii for
fiirthcr proceedings, if the appellant has carried the burden of establishing that one
or more vf the following stanclards is met:
a. The Hearing Examiner engaged in unlawful procedure or failed to follow
a prescribed process, unless thc error was harinless; '
b. The decision is an erroneous interpretation of the law, after allowing for
such deferencc as is diie to construction oFlaw by a local jurisdiction with
ea~pertise;
c. The decision is not supported by evidence tllttt is substantial when vieN<<cd
in light of the entire record; .
d. The decision is a clearly erroneaus application of the law to the :faets; or
e. The dccision is outside the authority of the He,aring Fxanuner.
5. The Council may also remand the decision to the Hcaring E-xa.miner if the
appellant offers new]y discovered eN4dence that would reasonably have xffected
the clecision, had it been admittEd in the pxoceedings before the I-Tearing
Examiner. "vewly cliscovered evidence" is evidence that; N«th reasonable
diligencc, could not llave been discovered and Produccd at the time the
proeeedings before the Hearing Lxarniner wer.e conductEd.
6. The Council shall adopt N«-itten :findings and conclusion in support of its decision.
If the Council cancludes thai a finding of fact upon -which the decision is based is
not supported by subsl:antial evidence, the Council may modify the finding or
substitute its o,"u findine, citing substantial evidence in the record that supports - the modi:fied or substitute f nding.
7. 1'he Council's decision shatl include a notice stating tihat the decision can bc
appealed ~%nthin riventy-one (21) calcndar days from the d3te the clecision was
issued by flling a L1nd Use Petition with the Superior Court as provided in RCW
Chapter 36.74C and meeting the other. Provisian of such chapter, and that the
decision shall act as off'icial notice under RCW 43.21 C.075.
8. The notace i.ncluded in the Cotmcil's decision shtt.ll also stale that affected
property owners may request the Spolcane County Assessor for a change in
valuation for propcrty tax purposes noriwithstanding any program of revaluation,
pursuant to RC`V 36.708.130.
9. The City Clerk- shall, within five (5) calendar days from the date of the Council's
decision on the appeal, mail a copy of the Council's decision to the appellant, the
applicant (if diEFerent that the appellant), any other party Nvho testified or
, j submitted a memorAndum at the closed record appeal hEaring before the Council,
2
Aitacbment 2
any person who requested naticc of the dccision; dnd 3ny person who submitted .
substantive comments on the application. 7he City Clerk shall also provide ~
notice of fhe dccision to the County Assessor. ,
3
RECEIVED
Mrs. .1,4ary (PoCCarrf ctn oi: sPOxaNE vaLLEY
17216 E. Ba(dwinAve.
Spok,ane VaCfey, W
.A 99016
(509)926-8899 ma0iariz17216@msn. cnm
August 19, 200$
Michael Connelly, City Attorney
Spokane Valley City Council
11707 E. Spraguc Ave., Suite 103
Spok:.nti VMllcy, Wa 99205 . . .
RE: Proposed 12ules of Prqcedure, Summerset Estates Appeal APP-02-08 and t1PP-03-08
Hearing Scheduled for Aubust 26, 2008
Dcar Spokane Valley Attorneys and Couneil Members,
I am off cially protesting conduc;ting an Appeal Hearing for Summerset Estates due to the
lack of legally adopted rules. Due to lack of a lmvful procedure and a legally prescribed
process, this public hearing would lack legal force of law.
Spokane Valley Attorney's office has no legal authority to make up rules. I do not agree
that your o.ff ce can substitute for the Spokane Valley City Council: Only Spokane
Valley Cit}, Council can legally adopt rules.
This decision must be appcalecl to the Superior Coiut but the La.nd Use Petilion Act
requires that a timeline be met that an apPeal must be filed within 21 days to meet the
legally adopiecl rules of LUPA_ (17.CW 36.70)
1n sumniaiy, there is no legal basis for Spokane Vallcy City Council to hold a Quasi- •
. Judicial Hearing ciue to the lack of rules admitted by Spokane Valley's Ofi-ice of City
Attonley, writtcn on August 1$, 2008 to all Parties to Appeal Al'P-02-08 and APP-03-08.
Sincerely=
Mrs. Mary Pollard
~ Cc: Chris Bainbridae, Spokane Valley City Clerk
i
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that appty: 0 consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of the Following Vouchers:
BACKGROUND:
VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT
8/21 /2008 15207 - 15259 $503 593.82
GRAND TOTAL $503 593.82
RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above.
,
BUDGETlFINANCIAL IMPACTS:
STAFF CONTACT: Ken Thompson
ATTACHMENTS Voucher Lists
~
vchlist Voucher List Page: 1
0812112008 1:51:58PM Spokane Valley
Bank code: apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
15207 8l19/200$ 000660 SPOKANE CO DISTRIC7 COURT Filing Fees FILING FGES: BAYOU BAR/GRILL 53.00
Total : 53.00
15208 8119/20Q8 000030 AVISTA 246223385 APPLEWAYlGREENACRES 383.90
Tota I : 383.90
15209 $11912008 000143 CITY OF SPOK/\NE 08 Grant Funds 2008 OPp GRANT FUNDS 37,500.00
Total : 37,500.00
15210 8/1 9J2008 000001 SI'OK/1NE CO. TREASURr--R Q8 Grant Funds 2008 OPD GRnNT FUNDS 37,500.00
Total : 37,500.00
15211 8/2012008 000001 SPOKANr CO. TREASURER 110aQ1178 CONS7RUCTION INSP[CTION #W,' 133.74
Total : 133.74
15212 8J20/2048 000001 SPOKANE CO. TREASURER 010020000600185 2007 VOTER REGISTRATION COST 56,559.00
Total : 56,559.00
15213 812012008 000001 SPUKANE CO. TRrzASURER 4150070$ JUL 08: WORK CRF_W 6,625.20
Total : 6,625.20
15214 81201'2008 000001 SPOKANE CO. TREASURER 11000334 WVATER I_INE INSPECTION: #057 2,20026
Tota I : 2,200.26
15215 8f20/2008 001729 HALMr CONSTRUCTION, INC. PMT#2 42101 247H AVE RECONS7RUCTION PR 251,834.88
Total : 251,834.88
15216 8120J2008 000921 A TO Z R[N7ALS 1529Q2 ChIAIR 12ENTAL: CP 321.46
' 154450 CWAIR RENTAL: CP . 321.46
Total : 642.92
15217 8f20/2008 001081 ALSCO LSP0446480 FLOOR MATS: PRECINCT 14.06
Total : 14.06
15218 8120/2008 000335 ALTON'S TIRE INC. 6-35453 OIL CHANGE: 35517D 39.19
Total : 39.19
' Page: 1
.
u ~
vchlist VouCher Llst Page: 2
08121/2008 1:51:58PM Spokane Valley
Bank eode: apbank
Voucher Date Vendor Invoice PO tt DescriptionlAccount Amount
15219 E120l2008 OD16$8 AMS13URY GUASS 9959769 42067 WINDOW REPLACEMEN7 271.61
Total : 271.61
15220 8120P2008 001777 BERGAN, CARISSA REFUND REFUND D/1MAGE DEPOSIT 50.00
Tota I : 50.00
15221 512012008 000918 BLUE RIBBON LINEN SUPPLY INC 8927965 UNEN SERVICE: CP 404.92
8935600 UNEN SERVICE: CP 359.34
S4U478$2 LINEN SERVICE: CP 37.30
Total : 801.56
15222 8/20/2008 001422 BOWF_RS, AMANDA REFUND REFUND SWIMMING LESSONS 25.00
Total : 25.00
15223 8/20/2008 001065 CCS 223653 COMMU1dICA71NG CLASS: CP 4,325.00
Total : 4,325.00
15224 8120/2008 000379 CITY OF SPOKANE VALLEY Jul 08 R[PL[NISH PETIY CASH 6.75
Total : 6.75
15225 8/20/2008 001778 CLARK, AMY REFUND REFUND DAMAGE DEPOSIT 50.130
Total : 50.00
15226 8/20/2008 001780 CLC ASSOCIATES, INC REFUND REFUND DAMAGE DEPOSIT 50.00
Total : 50.00
15227 8/20I2008 001786 CNVICK, LOIS REFUND REFUND DAMAGE DEPOSIT 50.00
Total : 50.00
15228 8/20/2008 001789 DECKER, BRENDA REFUND REFUND SWINiMING LESSONS 50.00
Total : 50.00
15229 8/20/2008 000010 FEDEX KINKO'S 289700005269 PRINTING: CP 50.47
Total : 50.47
15230 8/20/2008 001750 FIRST STUDENT, INC 10089931 JUN TRANSPORTATION: CP 1,301.60
10099592 JUL 08: CAMP TRANSPORTATION 2,468.10
Total : 3,769J0
Page: 2
vchlist Voucher List Page: 3
0812112008 1:51:58PM Spokane Vailey
Bank code : apbank
Voucher Datc Vendor Invoice PO t! Description/Account Amount
15231 8l20/2008 000839 GrNERAL FIRE EQUIP CO 0020194 SERVICG CALL: CF 141.18
Total : 141.18
15232 8P20/2008 000011 GREATEI2 SPOKANE VALLEY 201181 ADVERTISING: CP 325.00
Total : 325.00
15233 8/20f2008 001723 HEDEEN & CADITZ, PLLC 5$68 LEGAL SERVICES #003 300.00
Total : 300.00
15234 $/20/2008 001781 JENSEN, MICHELLE REFUND RF_FUND SWIMMING LESSONS 25.00
Total : 25.00
15235 8120l2008 001774 KEYES, AP/IBER REFUND REFUND DAMAGE DEPOSIT 50.00
Total : 50.00
15236 8/2012008 001773 KURAKINA, MARINA REFUND REt=UND DAMAGE DEPOSIT 176.00
Total : 176.00
15237 8/2012008 001776 MCCAULEY, CINDY REFUND REFUND DAMAGE DEPOSfT 50.00
Total : 50.00
15238 8J2012008 001504 MEYERS, CHARLIE REFUND REFUND DAAAAGE DEPOSIT 50.00
Total : 50.00
15239 8l20r2008 000132 MODERN ELECTRIC WATER CO 04500-01 JUL 08: UTILITIES 68.05
04515-02 JUL 08: UTILITIES 47.95
04553-01 JUL 08: UTILfYIES 61.70
04556-01 JUL 08: UTILITIES 69.48
04559-01 JUL 08: UTILITIES 3,435.44
04559-01 JUN 08: UTILITI[S 2,249.94
04562-11 JUL 08: UTILITIES 95.11
04562-11 JUN 08: UTILITIES 123.28
04605-02 J U I_ 08: UTI LITI ES 43.18
04639-02 J U L 08: UTILITIES 42.66
04669-02 JUL 08: UTILITIES 58.99
04691-02 JUL 08: UTILITIES 32.13
04732-01 JUL 08: UTILITIES 597.95
04732-01 JUtd 08: U'fILITIES 230.39
Page: 3
~ :
! 1
I +
vchlist Voucher List Page: 4
08/2112008 1:51:58PM Spokane Valley
Bank code: apbank
Voucher Datc Vendor Invoice PO # QescripUoNAccount Amount
15239 8120l2008 000132 MODERN ELECTRIC ti/VATER CO (Continued) •
04745-02 JUL 08: U71LfTIES 66.09
04792-02 JUL 08: UTILfTIES 63.92
04836-02 J U L OS: UTILITI ES 52.55
04966-02 JUL 08: UTILITIES 8,036.90
04971-01 JUL 08: UTILITIES 109.68
06811-02 JUL 09: UTILITIES 67,89
07099-02 JUL 08: UTILITIES 62.07
07247-02 JUL 08: UTILITIES 62.07
07750-02 JUL 08: UTILITIES 35.34
07850-02 JUL 08: UTILITIES 57.52
07861-02 JUL 08: UTILITIES 44.19
08297-02 JUL 08: IJTILITIES 62.60
08343-02 JUL 08: UTILI7IES 79.42
09779-01 JUL 08: UTILITIES 241.00
4978402 JUL 08: UTILfTIES 1,382_85
09784-02 .1 U N OS: UTl LITI ES 1,208.53
0409-02 JUL 08: UTILITIES 73.13
09911-02 JUL 08: UTILITIES 65.88
10038-01 JUL 08: UTILITIES 48.00
10039-01 JUL 08: UTILITIES 29.80
10046-02 JUL 08: U'CILI7IES 46.62
10049-02 JUL 08: U7IUTIES 40.03
Total : 17,693.33
15240 8120/2008 000132 MODERN ELECTRIC WATER CO 09910-02 JUL 08: UTILI7IES 25.52
09963-02 JUL 08: UTILITIES 28.85
10031-02 JUL08: UTILITIES 12.20
10039-01 JUN 08: IJTILfTIES 29.80
10040-01 JUL 08: UTILfTIES 29.80
10041-01 JUL 08: UTILITIES 29.80
10042-01 JUL 08: UTILITIES 22.60
10176-01 JUL 08: UTILITIES 22.60
Total : 201.17
15241 8/2012008 001788 MOORE, KIAA REFUND REFUND SWIMiVIING LESSONS 25.00
Page: 4
vchlist , VOUCher List Page: 5
08121/2008 1:51:58PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
15241 812012048 001788 001788 MOORE, KIM (Cantinued) Total : 25.00
15242 $/20/2008 000239 NORTHWES7 BUSINESS STAMP INC. 69492 ENDORSEMENT STAMI': FIN 68.42
69503 42081 SUBMI7YAL STAPAP: PW 94.48
Tota I : 162.90
15243 8120l2008 001258 ORB ARCHITECTS INC. 12 41599 OESIGN OF POOL - PAF2K ROAD 3,044.80
13 41599 DESIGN OF POOL - PARK ROAD 3,044.80
Total : 6,089.60
15244 8/2012008 001782 PELLS, RUTI-I REFUND REFUND SWIh4MING LESSONS 50.00
Total : 50.00
15245 8120l2008 001779 PRIPIS, CRYS7AL REFUNI7 REFUND DAMAGE DEPOSI7 50.00
Total : 50.00
15246 8J2017_00$ 001783 RAND/aLL, JESSICA REFUND REFUND DAMAGE pEPOSIT 200.00
Total : 200.00
15247 8/2012008 000415 ROSAUGRS U-CITY INC. 702367 SUPPLIES: DAY CAMP 12.32
Total : 12.32
15248 8/20120138 001775 RUNEQERG, MINDY REFUND REFUND DAMAGE DEPOSIT 200.00
Total : 200.00
15249 8f20/2008 000935 SERVICE PAPER CO 30429347 JANITORIAL SUPPLIES: CP 83.34
Total : 83.34
15250 8/20/2008 001785 SIMhAET, KATWI REFUND REFUND DAMAGE DEPOSIT 50.00
RF_FUP1D REFUND DAMAGr nEl'OSIT 50.00
Total : 100.00
15251 8/2012008 001784 SOAAM[RVILLE, DARLA REFUND REFUNp DAMAGE DEPOSIT 192.00
Total : 192.00
15252 8/2012{}08 000323 SPOICANE C0. UTILITIES 0153641065364 JUL 08: SEWER/WASTEIJ'VA7ER 248.29
016631f066631 JUL 08: SEWER/WASTEWATER 30.11
017022l067022 JUL OS: SEWER/WASTEVWATER 116.64
Page: 5
vchlist Voucher List Page: 6
08/2112008 1:51:58PM Spokane Valley
F3ank code : apbanlc
Voucher Date Vendor Invoice PO # DescriptlonlAccount Amount
15252 8/20I2008 000323 SPOKANE CO. UTILI7IES (Gontinued)
024433/074433 JUI_ 08: SEWrR/WAS7EWATEI2 116.64
027129/077129 JUI_ 08: SEWER/WASTEWATER 63.07
0316081081608 JUL 08: SEINERlWASTEWATER 339.62
, 034354/106428 JUL 08: SEWERIWASTEWA7ER 75.31
037059/169325 JUL 08: Sf_`WER/WASTEWA7ER 61.61
Total : 1,051.29
15253 8/201?_008 000406 SPOKl1NE REGIONAL CVI3 JUL 08 JUL 08: TOURISM CONTRACT 24,208.65
JUN 08 JUN 08: TOURISM CONTRACT 25,500.00
MAY 08 MAY 08: TOURISAr1 CONTRACT 22,744.45
Totai : 72,453.10
15259 8/20/2008 000093 SPOKESMAN-REVIEW INC. 42365 ADVERTISING: CEN 219.38
Total : 219.38
15255 8J20/2008 001458 7AYLOR, APRIL REFUNIJ REFUPID DAMAGE DEPOSIT 50.00
Total : 50.00
15256 8l2012008 000676 THOMSON WEST 816311917 JUN 08: LEGnL SUBSCRIPTION 514.42
Total : 514.42
15257 Sf20/2008 041752 VALLEY MEALS ON WHEELS RF_FUND REFUND DAMAGE DEPOSI7 50.00
Total : 50.00
15258 8I2012008 000167 VERA INATER & POWER 0016-007780.00 JUL 08: UTILITIES 642.55
Total : 642.55
15259 8120/2008 001787 WSU SPOK/WE CO EXTENSION REFUND REFUND DAMAGE DEPOSfT 50.00
Total : 50.00
53 Vouchors for bank code : apbank Bank tota) : 503,593.82
53 Vouchers in this report Total vouchers : 503,593.82
Page: 6
vchlist Voucher Llst Page: 7
08121/2008 1:51:58PM Spokane Valley
Bank code : apbank •
Vouchcr Date Vendor Invoice PO # DescriptionlAccount Amount
I, the undexaigned, do oea-tif,y uncler pennlty o£pe.rjtery,
that the materials h..~ve been furniehed, the aervices
rendered, or thc; labor perfoxmed as d.rsc;ribecl bexein
anci thxt thc elaim is just:, due ,nd an unpflid . •
oba,igation ag2i.rist tihe City of Spokanc Va31ey, nnd thaL'
I am authorized to auf,henticate and certify sa:id claim.
Ci.nance Director Date
Mayo.r. Date
Council Memhe:r Date Page: 7
. . %
CITY OF SPOKANE VALLEY
' Request for Council Action ;
Meeting Date: August 26, 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 20, 2008
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETIFINANCIAL IMPACTS:
Gross: $219,373.79
Benefits: S 34,030.26
TOTAL PAYROLL: $253,404.05
STAFF CONTACT: Ken Thampson
ATTACHMENTS
_ i
CITY OF SPOKANE VALLEY
Request for Council Actlon
Mesting Date: August 26, 2048 City Managsr Sign-off:
Itsm: Check aII ttwt appty: El consent ❑ old buslness 0 new business ❑ public hearing
❑ inbrmatbn ❑ admin report ❑ pending {egisiadon
AGENDA ITEM TITIE: Approval of Resolutbn 08417: settlng a date tor a Publk Hesrinp beforo the
Pianniny Commissbn - Request to vacate approximately 335 feet in length of the alleyway located
approximately 430 feet west of the lntersection of Nora Avenue and Perk Road.
BACKGROUND: The applicants, Rodney Schwehr, 11915 East Empire Avenue, Spokane Valley, WA 99206
and Paul 8yms 8 Qennis Stuhlmiiler, 7311 East Nore Avenue, Spokane Valley, WA 99212, request the
vacatfon of the above described alleyway which abuts their parcels.
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OPTIONS: Set a date for a Pubiic Hearing on the propoaed vacation or take no adion.
RECOMMENDED M0T1ON: Move to approve resolution 08-017.
STAFF CONTACT: Micki Hamois, Associate Planner
CTTY QF SPOKANE VALLLY .
SPOKANE COUNTY, WASHIYCT4N
. ~1ZESOLUTIO\° NO. 08-017
A KESOLUTIQY QF TFIE CITX OF SPOK.ANE V.Al1LEY, SPOKANE COUNTY,
WASFIINGTON, SETTTNG THF PURLiC HEAftII+TG llATE ANll T1ME FOR THE
PLA1\`NINC. COAZMISSIO\ TQ CnNST.])FR STREET VACATIU\7 ItEQITEST STV-03-
08 PURSUAVT TQ RCW 35.79.010.
WHEREAS, the applicants, Rodney Schwehr and Paul Byrns R Dennis Stuhlmiller request a
vacation of an alley (16 feet Nvide by 335 feet long). 1'he alley is lnciited approximatelp 430 feet west of
the intcrsection of Park Road and \Tora Avenue anct abuts F'arcel Number(s) 35124.2001, 35124.2002 and
3521432004.
VVEIEREAS, RCW 35.79.010 speciEes that the legislative iiuthoriry shall establish by resolution
tlic time when a St.reet Vacat:ion application shall be considcred by the legislative authority or a
comrnittec thereof and,
«'I-IERT'AS, the Spokane Valley vlunicipal Code 22.140 establishing regulations and procedures
for the processing of vacations of public sh-eets and alleys (hereafter referred ro as "Streel Vacation");
<►nd,
\Vl-IETtEAS, Spokane Valley Municipal Code 22.140.020 specifies ttiat the Planning
Commission shall conduct Che public hearinD reyuired pursuant to RC1V 35.79.010; and shall develop
. and forward a recommendalion for a requestecl Streei Vacation to the City Council.
0W TI-IEItErOEtE; be it resolved by the Ciry Council of the City nf Spokane Valley, Spokanc
County; Wasliington; as fQllows:
Section l. r,stablishment of Fublic Nearinp, Date and Time for STV-03-08. The required
puhlic hcaring tor Street Vacation Reque,st STV-03-08 shall be conducted before the Spokane Valley
Planning Commission, September 25, 20081aeginning at 6:00 p.m. in the City Council Chambers at the
City Hall of the City nf Spokane Valley, 11707 East Sprague Avenue; Suite 101, Spokane Valley,
1Uashington 99206.
Section 2. Effective Date. This Resolution shall be in full force and effect upnn sdoption.
Adoptcd this 26th day of August; 2008.
CI"f'Y OF SPOKA\Tr VAI..T.:T'Y
ATTEST:
Richard Munson, Ntayor
Christine Bainbridge, City Clerk
Approved as to f'orm:
Office of the City Attorney
ftesolution iNo. 08-017 1?stahlishment of t'ublic 1-lcaring Uate and Time for STV-03-08 P,ige I of 1
CITY OF SPOKANE VALLEY
` Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ~ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ,
AGENDA ITEM TITLE: Vactoring Services with AAA Sweeping, Change Order #1
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Attached is a memo explaining the Change Order for Vactoring Services with
AAA Sweeping, LLC, resulting in a net change of $90,000.00.
OPTtONS: Approve the motion or give staff other direction.
RECOMMENDED ACTION OR MOTION: Motion to authorize the city manager or designee to
execute a$90,000 change order for additional vactoring services in 2008 and to execute annual
renewals of the vactoring contract awarded to AAA Sweeping by action of the City Council on
June 27, 2006.
BUDGET/FINANCIAL IMPACTS: Funds are available in the Stormwater Fund
STAFF CONTACT: Neil Kersten
ATTACHMENTS: memo '
, ;
CITY OF SPOKANE VALLEY
PUBLIC WORKS INFORMATIONAL COVER SHEET
FOR .
CITY MANAGER CHANGE ORDER APPROVAL .
Date: July 22, 2008 -
. Budget Account No: 402.402.000.538.36.41.10
AGREEMENT TOPIC: Contract No. 08-002
Vactoring Services with AAA Sweeping, LLC
BACKG RO U N D:
lViaintain.ing our stormwater system is important to protecting ground water quality and reducing floading on
public roads. Currently, Staff is conducting an inventory of every drainage strucfure located on City property or
within the public road riglat of way as part of the Washi.ngton State Deparhuent of Ecology Undcrground Injection
Control Frogram (CTrC). NVe are required to complete street by street inspecfions by 2011 and perforrtt an
asscssment of the d.rywells by 2013. After t2ie assessment, all drywells found that pose a threat to the groundwater must be replaced or repained. The structure information from the inspections is loaded into a. Geographic
information System (GIS) geodatabase. The geodatabase keeps record of which structures are dirty and in need of
cleaning. StafF identifies structures as "dirty"i.f they are full or half full, as measured to the top the structure, with
mud, silt, or debris. Using GIS, a list of dirty structures is generated and passed on to the contractor for cleaning.
Basically, the city is in erisis mauuagement and only cleaning the dirtiest structures. Good housekeeping procedures
should plan for the maintenance of each drainage strncture once every two years.
Based on what has been inventnried so far, Spokane Valley's stormwater system includes 7000 dMvells, 3000
catchbasins, 2000 curblsidewalk drops, 100.storm mznholes, 100 culverts, 4 pump systcros, 18 miles of storm pipe,
10 miles of stonri ditches, 47 gonds and many miles of swales. The clean, ing of ow stormwaxer system should .
follow Best Management PracYices ($iVIl') according to the Department of Ecology 2004 Eastern Washington
Stormwater Manual. The manual recommends aleaning catchbasins when the depth of debris reaches 60 percent of
the sump depth, as measured from the bottom of the basin to the invert of tho pipe out of the basin. (See
detai.l below) With 3,000 city-owned catchbasins that can fill up yearly with road debris, we are not keeping up
w7th the BMP. In 2006 and 2007 combined, only 200 of the dirtiest catchbasins were cleaned.
Reecomended B~fl' Current CSV Reccomended BiNP Current CSV
Catchbasin Vlaintenance Catchbasia 1v.Iaintenance Drywell Niaintenance Drywell Maintenance
o00 000
o00
' S~diment ~ ~ ~ 0 0 0
Ssdirnent o° o o Sedirnent
O O p
O O O
O O O '
' Sedime t
P:1PublicWo:k5lStormweter AfanagemcntlcoatractslRcqucst far Bids1Vac6oiingtaew bidTink Sheet for Chnnge Oader No. t
xt is the sacne story for drswel.ls. The manual recommends cleaning drytvelLs before the sediment depth reaches the
lowest row of slots providing outklow from the drywell barrel. (See detail above) With 7,000 city owned drywells
that drain street runoff directly to the aquifer, our crews havre cleaned only 400 of the dirtiest ones f.rom 2006 -
current. That leaves 6,600 drywells left t}aat are not being cleaned according to the BMP. Pollutants from road
runoff ends up trapped in the sediment at the bottom of a drywell. Our dryv,~ells need to be cleaned on a routine
basis to remove the contaminated sediment. Also, when drywell barrels get fiill of mud and silt and are not aleaned
rogularly, many tunes the material will leech out through the slots and will contaminate the drain field (plugging
the drain rock), which then needs to be dug up and replaced. With ground water quality (Aquifer) and liability (Flaoding) issucs considered, a regular maintenance progmm is
something that every Municipal should have. The City should be doing everything possible to engaae Best
Vlanagement Practices for maintainirig the system on a regular basis:
Even with an additional $90,000 this year for vactorina services, the City will only be able to clean about 150 more
of the dirtiest drywells and cntchbasins idcntified in the summer of 2007. Given the remaining time in 2008 we
feel 150 is the feasible number that can be cleaned. We have a list ready of approximately 200 full/half'full
structures identified so far this'year that need to be clcaned as soon as possible. Also, we did not anticipate cleaning 300 structures this year beaause as we inventory, we become more aware of extremely dirty dry•wells and •
catchbasins. Even after we get through clean.ing those 200, that still leaves tliousands of drnvells and catchbasins
not being cleaned according to the BtVfPs. We also have many culverts, ditches, curb and sidewalk ialets, swales,
and pipes that are not being cleaned. After several years of lack of maintenance to our system, you aet a"snowball
effect" and it bccome's very difficult at Yhat point to catch up. We need to at least try to maintain more than we
. currently are.
Staff is continuing to physically inspcct the dry wells and other structures to comply Nvith the iT1C program. Staff is becoming arvare of many drywells and catchbasins that aze well beyond the recommended level for cleaning that
is causing the drywells ta fail resultiug in floQding ancl othcr water control and water quality problems. A1so, as
we continua to inspcct and assess our drainage structures over the nea~t 5 years, we,.vill continue to better
undeestand the current state of our stormwater system. As we finish up our inventory and assessment for the LTIC
program in 2013, we will roll all the information into an overall long range stormwater program. This is a complex
issue that necds to be worl:ed tluough for a belter plan to niaintzin the enti.re system. Atigched are photos showing
wh1t we are maintaini.ng right now and w-hat is not beina maintained. , Public V1lorks Dire or Project Manager
DISTRIBUTION:
Original to Vendor . . .
Original to City Clerk
Copy to Submitting Department .
Copy to Finance Department .
ATTACHNiENTS:
Change Order No. 1
P:1Pvblic WorlztiStormwatcr lvfenagrrnenPwontractslRequest €or BidslVactaringtncw bidlPink Shect fflr G'L-inee Or+der No. 1
Spokane . ~ -
Valleye . .
CHANGE ORDER TO CONSTRUCTION CONTRACT NO: 1
DEPARTMENT OF PUBLIC WORKS
PROJECT: Vactoring Servlces CONTRACT DATE: 12/27/2007
CONTRACTOR: AAA Swee in , LLC CHANGE ORDER N0: 1
SCHEDULE A- PROJECT NO: U8-002
SCHEDULE B -
DESCRIPTION OF CHANGES
Additional Vactoring Services using compensation rates as outlined in Exhibit B, 2008 Cos# Proposal,
of the original contract. ~
Total Amount of this Chan e Order: $90,000.00
' SUBSTANTIAL COMPLETION
Original Date: Prior to this Change Order. Inciuding this Change Order:
THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF CONTRACT PRICE:
ORIGINAL CONTRACT APAOUNT $ 86,801.58
.
TOTAL PRIOR CHANGE ORDER AMOUNT S 0,00
CONTRACT PRICE PRIOR TO THIS CHANGE ORDER (through CO#) A M 86,801.56
NET THIS CHANGE ORDER
, ................W............................._.._.......,.............,.....,......... g. 90,000.00
CONTRACTAMOUNT INCLUDING THIS CHANGE ORDER $ 176,801.58
CONTRACTOR ACCEPTANCE: DATE:
The aontrector hereby &ccepis this adjustrnent under the terms of the original contract for all work perfornad.
RECOMMENDED BY: . ' DATE:
. for (Cansultent)
APPROVED BY: DATE: j)
hell Kersten, u c Works i or
APPROVED BY: DATE:
David PAenler, Cfty Wianeger '
jTACHMENTS:
Distributior►:
ORIGINALS TO: Gantractor, City of Spokana Valley Clerk's Office
COPIES.TO: PW Pro ect Ffle
P:A1N1FortnsJ7emplate2JC0 (Ncv U6)
DRAFT
NIINrUTES
~ 'City of Spokane Valley
City Council RegulAr Nlecting
Tuesday, Au~ust 12, 2008
Mayor Ulunson called the meeting to order at 6:00 p.m., ancl wclcomed everyone to the 142nd meeting.
Attendurice: Citv Staff
Rich Munson, Mayor 17ave Mercier, City Manager
Dick Denenny, Deputy Mayor Cary Driskcll, Depu[y City Attorney
Rase Dempscy, Councilmember Mike Jackson, lleputy City iVlFUiager
Bill Gothnmann, Councilmember Ken Thompsori, rinance Director
Gary Schimmels, Councilmember Greg McCormick, Planning vlaiiager
Steve Taylor, Councilmember Mike Stone, Parks & Rec Directar
Diana Wilhite, Councilmember [arrived 7:55 p.m.] ltick VanLeuven, Police Chief
Christina Janssen, Assistant Planncr
John NVhii'eheitd, Human Resources Manager
Steve Warley, Senior Engi.neer
Carolbellc Braneh, l'ublic Information Officer
Aaron Clary, Stprmwater Technician
Bill Miller, IT Specialist
Chris Bainbridge, City Clcrk
li\`VOCATION: Pastor I7enning of Fountain Ministries gave Xhe invocation.
~ PLTDGF OT A.i..LFGIA\'CF: Mayor Munson letl the Pledge nf Allegiance.
ROLL CALL: City Clerk Bainbridge called mll; all Councilmembers were present except
Couiicilmember Wilhite. It was nroved by Councilmember 1aylor, seconded und ununimously agreed to
excttse Councilntember 1Yilhite.
Al':l'120VAL ON" AGENDA: lt was moved by Councilmember Taylar, seconded and unuirintously
ngreed to approve tite crnrended agerida.
IN`IIZODUC7'ION C)F SPEC[AL CU]:STS AND PRESEV'I'ATTONS: n/a
COA"i1VIITTEE, BOARD, LIAISON SUNiN'IARY RFPORTS:
CouncilmemUer Schimmels: no report
Councilmcmbcr Tavlor: mcnlionecl he attencled several National Night Out block parties last Tuesday.
Deput, Mayor l7enenny: no report
CouncilmemUer Demt2sey: eeported that slie also atl'ended several National Night Out parties, and
inentipned shc was impressed with how they seem to be getting bigger eaeh year; she attended the
Spokanc Regional Clean Air Abency meeting where they discusscci asbestos abatement and those
cantactors who do thai; mentioned she attended the last meeting of the Panhandlina Committee; said she
travelecl to Fairchild tlir Force Base for Skyfest; and mentioned she Wrould be gone for the next two
meetiiigs.
Councilmembcr Gothmann: siatecl he also attended several Nationa] Night Out parties as well as Skyfest;
reported that the Panliandlino Committce held their last meeting today where committee mernbers
reviewed a I'owerPoint wfiich will be presented later tn council along with his fnal report and next
suggested steps.
;
Council RegularMeeting:03-12-08 Page 1 of9
Approved by Council:
ll:ftAFr MAYUR'S 12EP011I: Mayor Munson reported that he atiended C°I`EI7 (Community Trade and
i?.conomic. Development) Sponsored climate change meeting in Seattle; that he was encourz3ged by the
meeting where it was noted most people determined this item needs funding to achieve the dcsircd
measureable and affordable outcomes; he attended Skyfest; and he hosted a national night out at his
home:
PIJ13I.,IC CONTMFNTS: Mayor Munson invited general public cornment.
Art Britton. E 18812 Fuclid: mentiqned panhandling; said hc docs part-time clrivinn, lhat the area there
[did not state wheee specifically] is messy and congested and pathetic; and said there may be some
panhandlers there with outstanding warrants; regarding one-way streets, he said that is already done; he
mentioned Nve want tax money for street work but said he doesn't see rebuilding that with a tax on
telephones; regarding street repairs, said regiirding the pothole repair, he said it seems they do one and
skip another and hc questioned why they aU aren't repaired; t1e said the big patches are very good; and
mentioned surplus fiinds and asked where he can find out where they go. Mayar vtunson inentionccl the
budget is on the City's website.
1. CQNSENIT AGENDA: Consists of items cansidered routine which are approved as agroup. A
Councilmember may remove an icem from I:he Consent Agenda tn be considered separately.
a. Approval of Claim Vouchers 14726- 14763, 14914 - 15006, 15007 - 15076, 15077 - 15153
lotaling $2,078,674.09
b. Payroll for pay period ending July 31, 2008: $347,087.48
c. Approval to DelegaCe Authority for Palice Emphasis Grants
d. Approval of Vtotion to set 2009 Budget T-Tearings for Scntcmber 9and October 14; 2003
e. Approval of Applieation for $14;922 in Jt1G Grant runds for Public Safet}+ Purposes
f. Approval ofMinutes of July 15, 2008 Counc.il Study Scssion g. Approval of Minutes of July 22, 2008 Regular Council Meeting
h. Approval o1'Minutes ofJuly 23, 2008 Special Council Meeting
i. Approval of Amended Minutes of July 29, 2008 Joint Council/Spokane City Meeting
j. Approval of Amended R'(inutes of July 29, 2008 Special Jnint CounciUPlanning Commission
Ivleeting
k. Appraval of VTinu[cs of Augusl 4, 2008 Special .xecutive. Se.ssion
It ivas moved by Councilir7ember 7'aylor, seconded arrd zmanimoarsly agreed to npprove the consent
crgertda as ameridecl. [Nute: Ta eliminate cvrhrsiori, !he Consent Agenda was not uetzrally a»rended as
riothing ti+:as added or rentoved,- only rni item within the cori.rent crgentlcr ~vas umerrtled, w)tich amerrdnrent
vvtrs apl~r•oved with the uppr•o vul of the v.ntire A »aentledAb=endu,.J
P1TW I3i]SIlVFSS:
2. First Reading Proposed Ordinance 08-014 Telephone Tax -Ke.n Thompson
Ai'ter City Clcrk Hainbridge read thc ordinanee title, it was moved by Deptrty 1lquyor Denertny crrrd
secorrtled to adopt Ordinarlce 08-014 iinplentertting a 6% telephone ulility 1aY. Finance Tairector
Thompson siimmarized the proposed ordinance and said the implementation of such tax would accur
January l, 2009; and that the funds will be dedicatecl to Lhe street Fund operations. (n response to council
yuestinn concerning verbiage in the ordinance about eliminating this orclinance should some other better
mechanism come about to hanclle streets like a street utility, Mr. Jackson saicl such was previously
discussed coneerning a TranspoRation BeneGe District, but not in connection with this ordinance. There
was bricf Council diseussion inclucl'►ng mention that this does not iiiclude street reconstruction; t}iat most
USL comes via tclephone lines so the eost of the line would be taxable; Chat the Finance Committee
discussed this issue on several occasions arul examinecl several possible fundinn sources, but this was the suggestecl procedure; and mention that this is not giving the city a"windfall" as tltis will only maintain
what we are trying to clo at lhis point. Ivfayor Munson invited public comment.
Council Kcgular Meetino:03-12-08 Page 2 of 9
Approved by Council:
D-RAFx
i
i
Janice Austin; C ity C terk Baznbridv. read att e-mai] statement from Janice Austin expressing her sdaman# I
opposition ta tho proposai,
Charlos Roach, 1451_8 E 5harv; said it was mentioned &boiA 280 per 1,000 that the County downloaded
and Spolcatie Val1ey could no longer collect, and ]ie asked how rnuch revenue did #ha# encampass yearly.
Mayor Munson rcpiied thflt the City only received that once, and Mr, Roach asked how much revenue
would it have been aruiually if it werc to have continued. lVlayar Munson said in 2003, it was
approximately $1.2 million_ Mr. Thompson responded that that figure was 21 or 22¢ and of what that
miglit generate for tGS that f rsk year, the first year we only received #13ree-fourths af that as we were not in
c Kistcnce for the entire year; and that it was perhaLps one mi llion or S 1. 3 millinn but it was only for that
first year, Mayor Munson added that tlie public vvas asked ta reinstat.e thaC 22¢ per 1,000, and the answer
was no by 60°fo even thongh it would have been used f.or a spccifilc purpose and had a sunset included.
M ayor Munsan invited further c~omments, and iyo further comments weie issued,
Councilmember Dempsey said she had been a pro~po~nent for this as she liad been under the impression
that if we got another tax as a street utElity, that this as this would cnd khis tele-phone tax; and said she is
disappointed tlyat is not the case; buC said she feels this is probably tlye least paiiiful way ta secure
revenues far roads. CoUncilmeinber C'iathmann added that there are few taxing mechanisms granled by
the State, and one is the utilily w; that hc favors this tax as it taxes businesses aiid residential, and
everyone uses khe roads and this is a gaod fair way ta spread the tax: and he said lo stay wilhin the present
$2, I milfion provided by #tie Staw in 4psoltne tax, would me-an only dni n g w inter plowina on aeteri als and
no pothole filling, and that service would be nat acceptable ta citizens; artd that we have a responsibility+
0 keep the excellent roads we were given by thc count}', in gnod shape. Councilmember Taylor added
that Council nevi~r wantq to ]iave to raise #axes, but #he present economy shows an increase in cost of
~ m atcrials, ]abor, and energy; and afl'er public~ safety, the top priority is to build, inaintain and p reserve our
infrastructure; and we Musi' hzive thc proper funding mechanism in place to maintatn the gooa roads vve
were given by the Cotinty; and that tliis tax is fair and equitable. Councilmeniber Schimmels added lhat
wc don't want W ge-t into a deficit situati on as seen elsewhere; thaf. th is may bc a stopgap band-aid fix but
it serves apurpose. Deputy Mayor De3ieniiy said in looking at tax bases in other munic3palities
theouerhout the state, we recognize #hat most use at le.ast several [egs of Che "lax stool"; and this region
choose not ta 115e one of I:hosc, i.c_, the B&O tax, and being a border cammunity, fl[3&.O ta?c is
detrimental to husincsses; so in foaking at other saurces. he said that if we receive legislatively a source
of revenue that would be more directly related ta the use af the roads, Iie wau1d vvant #o find away of
reiiioviiyg any otlier #axatian sf that source brings us up to the Icvel of senricc that we iyced; but to
maintain tha#. ievel oF servicc wc know the coinmunify expects, this tax is #he bes# direction. Nfayar
: Mtmson concl uded by remindin4 eveiyane we can °`pay n o w or pay latee," and if we want to see wli at it
laoks lifce to defray road mainlenance, a!] we necd do is laolc to the wcsf, and that anslxcr is not
acc~eptable fior this City; that cast of mat-erials such xs asphalt ~ind concreie i'his year have more than
tripled itom lxsl year, with no uidication af a reverse in tha# trend; and that he feels there is no other
choic.e ak this pnint; and it is not an easy choice in these economic times; and that lhis remedy would
prove Co be a s li[tlc a burdc n on taxpayers as possible as i# has a very large base,
Mayor EViunson mentioned thsC Spokane County has rcporWd that thc}' have enough f.unds in their road
I rnaintenance to meet $0lo of tneir rcquircrncnts; the City of $pokane Iias an eight million dollar aiynua]
I deficit sixrting this year to pay for road maintenance; and said #hat the City of Spokane Valley funas have
i been wel1 managed and ro$ds liave been iiiaintained this year with x iaxlanced budget; but we will like1y
riecd to makc a short term laan from out general fund lo cover L'his 4inlil lhe UIx actually "kicks in.'°
Evlayor Mnnson said that along with ptEbljc safety, which is thc largcst partion of the City's bud-et, that
rOFid r1lakritCfl&t1Ce IS the ntMer majar requiremBnt.
~
Cbuncil Regu[ar Mcctin~-O 8-12-0 8 Faga 3 af 1
Approved by Cvuncif; ,
IIRAFT
Vore by ,4cclcfmulion on dhe motion to ap}rrove ordrncfncs 08-014 rrr~plemerazrrtg a 6Y6 delep}aone vrllity
1ax: 1n -Favor- Uraanimou.s_ Opposed: fVone. A bstentiorrs: IVone_ Morion carried. - I
Mayor 1vlunson mentionecl lhe telephone tax flyer vvhich is be!'ore Council, and suggested having an
iapdated version of tliat inserted in the Val[ey Herald and the Spnkcsman Review so the public, would
undeestand all ahout the tax, and said it wotEld cost approximatcly $3,000; and he asked pcrrnission to I
authori7e this expenditufe. Mr. Thompson said Iie could find a way Uo handle that expendiwre in the I
buclcel, Mayor iMunson invited public comrnf-nt on chis suggestion, ,
Joe Schoener. 14301 2 12 `b Avenue; lie said that oC the folks ]i e laiows, they are so disin#erested tltat thc
S3,000 is a vvaste of inoiic}'; and hc suggested putting those ftinds into the street eepair and to save lhe
moni~}' as l:his issue will be over tlie news; he. strcsscd thai people don't care and said that this meetiiig
should b ejarnmed with peopte; buf people don't care_
Councilmcmber'Z'aylcrr said he agrees vvitli Mr_ Schooncr and s aid thi s issue h as rcceived good coverage
by 1'he -S pokesman Review and tlie Vfllley News Herald and feels it is not ncce~sti ry ta speiid tltis moncy
to have this insert, and he is surc other articles wEl] be forthcoming, Councilineinber Schimmels agreed
with Councilmember T{tylor; and Dep uty Mayor De-nenny said tliat he feels wc clon't need to expedite this
immediakely, b4Lt can wait and sec how mKpch coveTage actually occurs, A!Iayor Munson saici he feels we
will get a lol of covera,,N when people get their January bilk and those citizens will argue #hat Connoil
dicln'l inform them of #]i is cliange; and since lhis is the first tax irnposcA on the citiaens, he. fce[s lhe extra
ei=Fort needs lo be made tO I et the community know exactly wha# this tax means, and he stressecl that
insert5 work aiid are rud by citirens, Couiicilineinbcr Dempsey said by waiting vve will reiiyforcc the
ar8ument #]~at Cauncil doesn't kcep the popukxtioll informed, .I1 was rr~oved by )~fcryor~ ~fUnson arrd
,eeconded to authorLze 33. OOU to pait thi.sflyer 1nlo fhe dwo local paper.s fo explarn fo our clirzens 1hCr1 they *now hzme a neiv Icoe crrid what ir',e afl 4~rbo:ff. Cotincilmember (3 otlymann mentioii ed that morc inFaTmation
is always beOer th an less. Cvuncilniember Ta}'lor said thal later this evening wc w311 17ear pre5entati ons
from various social seivtce agencics vyin~ foT that extea $3,OQ0; $nd tihal. he feels every dOI I:ir coun#s and
foe this issue, !ie dncs nol see [hf~ need far the in seit. i1+ia}'or Munson inv ited pul) Gc comment,
Linda 1'hompson,_1[}913 1: 46"` AvenKie: xsked if the plione wmpany w311 put something in their bill
Cxpl aining a bOllt tI135 add ][COilBl tIlX; 8fld if s o; maybe #1i at could be a partnersh i p w3th city and i t wouldn't I
cost as much as tli e insert; adding #h at the ph one bilI would be the peefect placc to gel the fllert tli at
SoETIetl]]i7o lS L~'Or711~]4.
Vode by Acclarnation! }rr Frrvor: eVayor Munson, cmd Courrci(rnernber DerraXey and Crolhmarrn_
Opposed: Deputy Mcryur Denenny and C.'oarrrc~lmeinbers Taylor crrrd Sclor`rnrnels. r4bseentions,- TVorze.
Motrnrrfaifed.
3_ rirst Read ing, f'roposed Ordinance 08-0 15 for Drug Testi n¢ -Carv J) riskell
After City Clerk Bxinbridge read #]ie ordinani~e #iCle, rt ivas movecf by G'ouncilrnember Taylor and
.sscorrded to suspencf dhe i•ufes and adopt orrfrnance 0$-015. Deputy City Ati'orney 'Orisk-ell explained the
proposed chaiyges to prcvio4GS ardinance 03-044, which inclucle changine responsibili#y for cornpliaric:e
frorn th e C ity Maii ager to the.Hij man Resokirces Ma3i sger, and msking necessary chz~ nges #o coiiyp l}' with
state 1aw thal only certain positions within the CiEy s#ructure ma}' $e subject to dru , cr screen testing-
Mayor Munson inviied public commen#; no cammen(s were afFered, vode by Acclarnation: -fn Favor!
f_lrrarrhnous. Opposed; AFOne. A bsterrtions: ~Vone. Motion carrred
4. First Reig ding peoposed Q ed inancc 08-016 for S treet Vacation S1V,01-08 -Ch ristina Janssen
After City Clerk Dainbridp read tlie ordinance ticle, it ivas inoved by Councitmerrrber 7'crylor and .
seconded rn t~dvance Ordlnan ce 08-016 ro a second i-eadin z rnrd to crdcf the word "eet" in Me ordirrtwe
Caunci] ftc ular Meetin 0 8 -12-08
~ Page 4 of9
Appraved by Council;
DR4FI'
~ lirle where rr was irwdverierrdly o+rritred irr twopfcrce.s. Assiskant Flannar Janssen explained the proposcd
right-of-u+ay vacation ordinance as per her PowerPoint presentation; inoluding the necessary+ criteria ta
approve street vacations. Thcrc was discussiod abou# #he payment amount as noted in 49 Conditions of
vacation under section 5, and Ivls. J"anssefl indic:ateci she wil! research thc cxact vcrbiage of Resolutian 07-
009 which adopted polices for imposing vacation cliarges, i4layor Munson invited public comment; no
comments we3-e offored. Vote by Acclamatrorr; In Fuvor: Unonirttous. Opposed.• Norre. 14b,srentions.•
Norte_ Aforion carriecJ.
5. Motion Consideration: Approva] of k'rcriect List fnr TiB Grant Ap lications - Steve Wor1e
It was rnaved by Councilmember Tayfor and seconded tv aufborize sta~f 1o move forword wrthsubmitfing
i .TI13 grarrt rrpplicatrons for !he Inafiona ,4verrue fxtension }'rajeci, the Mamfiefd Awerrue Frxrer+,54on
Projecl, and dhe F'lorcr Road Impravement Projece, Senior Enc, ineer Worley explained the clianges fram
the July 22"~ meeting, as nated in his August 12, 2008 f{equest for Council Action Form. Mayor Munson
invi#ed public cornmont; no comments were otFered. Vote by Acclamatrnr~~ ~n Fcxvor: Unanimous,
Oppused: None, 14bsterltiarrs: Nons. Moriort ccrrried
6. LMotion Cansidexation~ Snonsorsiiip with W STJOT for "R e-invent Ynur Com.mute:" - Mayor Munsan
Mayor Munson explained that ho received the attactied letter asking if Council woulcl be wi Iling to p$rbier
with WSDOT for a new "R.ctnvcnt 1'our Commute" public edtication campaign, and he suggested
j Council p&rticipate as a"contributor'° with a $5,0 00 donation; but ope3ied tine tapi c far council disctission,
After brief discussion on what this funding wotild invcalve and wha# thc se onsorship wotild incan, and
m ention that the deadline for 1~1~S DOT to reeeive an answer is August 15' , i# was detenni ned Council
would prefer not to m ~Llcc a motion an #]iis issue.
~ FiJBLi~ COMNMNTS: Mayor f1+lunsoii invited general public comment.
Joe Sclioener, 14301 E 12'" Avenue; said that he wonders if the diffz~re'nt govcrning bodies ever
coordindte their efForts, such as schools, and various governtng hodies; as an individual tax of, for
ex,arnpfe; 43¢ an the daflar sounds small, but add it a1l up with aIl the athcr taxes and it represents a
suhstantia3 increase; and he asked clcctcd officials to tliink about these things and ta do #heir besk no~ ix)
indebt fiittpre cencrations; and ta spend more time an issues,
AJ]ATIYlS'1'RA.T T.V.F, REFORTS:
7, Ouiside llgencies (Sncial Services) _!'resentation to C:ouncil -Ken ThorrEpson
Finance Director'fhvmpsort explained that there are funds set aside for 2009 autside agency funding; and
#he 2 009 requests aFnount to approximately $294,000 with a tomi budgeted amount of 5 I,OQO; hc
mentioned that next u+eck Counci] wil] hear Fram the Economic Devclopinent agi~ncies, and aNnvards,
he suggested Councilmembers provide Iiim witli their suggesi'ions £or gTani' allocations, which is
scheduled to come ta Council for such motion cqnsideration at the August 26 meeting. NliyoT Nlunson
also mentioned #hat last year Council split the funds with $36,001) for sacial service agencies; and the
remainder fbr the Econornic Development agencies, but that distribution is at Cauncil's discretion. Mr_
Tlioiii pson alsa suggesl.ed that one fundia g request asks for funding to arquire a capilal asset, which could
bring up the ques#ion af who ac:tually owns such if it were fiunded by the City; and another request seeks
assistancc with a partion of a salafy, which be4s the que0ion of having to malce sure #imesheets are
coiii pleted and validated; and said h e tnentions these Essues for Council to consider.
Councilmember CCoth inann said he had rec used hi mself last year after disclosing he Iia.d g iven funding to
onc of thc thcn requesting agencies, btpt rnenlionecl hc is not on any a~snciated boards tli is }rear and feels
~ that priar affiliatian will noi affect h i s decisiqn making-
i
t ;
' Cvuncil Regular Meetincr - 08-12 -OS Page 5 of 9
i ApProved by Council.
D12AYIl
Agine & lona Term Care of Eastern Washington '
Michnel Hilborn explained his request, and mentioned he lias with him tonight, Mr. Sherman Phillips, a 'member of the volunteer escort progran; he said their request provicles transpiration serviccs, and without
such, many people wrould have no other way to get to their medica) appointments and pharmacies; and
V1r. Phillips said he has been driving for over four years nqw, enjovs it, knows the system, and
eneourage.s Council's support of the program, aclding that the peAplc he eseorts are greatiy appreciative of
the services provided. Although there are no wages involved, Mr. Hilborn e;cplained that the agency is
proposing a portion of this funding be used to reimburse drivees for their mileage; and that they don't
keep records of which people are within the CiCy of Spokane Valley, but estimales lasl year therc wcrc
112.
Spokane Vallev Arts Council
Mr. James I-Iarken explained that they seek S 14,700 tp address increased programming; he mentioned the
image of the sculpture (Mountain ivan sculpture) to be placed in Mirabeau Park, ancl oF the neecl Por
promoting the arts, including their 30-minutc television progracn currently aired on channel 4; and that
funds would be used for the membership drive. T.n response to qucstion, Mr. Harken said they owc
approximately $35,000 on the purchase of the sculpture, and have an auction scheduled at Vcilleyfest with
the artist receiving 45%, and the balanee going toward the sculpture purchase.
Big IIrothers/Big Sisters
L)arin Christiansen thanked Couneil for lheir support in the past, and said their request is Eor focu5eci
mentors for the children to help them reach their potential; that their prograni is a one-on-one program,
and aids substantially in the success of these children.
Coalitinn of:Kesponsible Disabled
Linda McClain said she has servcd for over 20 years, and eiivisions serving more; tliat they see more and more reCurning vets coming into die communiq; and explained that each center offers different services,
such as affordable, safe and aceessihle hausitig, and that they offer services to all ages with low-to-
medium income and signific;anC disabilit.ies; and said they succcssfully transitionecl fourCeen people from
nursin- homes into the community, as the goal is th3t of indepencfent living; and said that Diana Hanson,
indepencfent living consultant works with people to teach them tools on how to solve barriers.
Create.r Spokane Substance Abuse Coutlcil
Executive Dircctor Linda "l'hompson said she appreciates Council`s past support, that their billboards
have likely been seen by 30,000 daily, and is a gre•at Nvay to start conversations with kids about not having
alcohol in celebrations like gracluations anct proms; ancl that she realizes the tight eeonomy and therefore,
said she wilhdraws her application so the funds could be used by others. Mayor Munson thanked her for
her generosity, and ashect [hat she follow up with awritten withdraw.
I-Iearth 1-iomes
Dircctor Karen Fournier said she is new to this area anct ncw to this process; and their arbanization's goal
is to keep moms and kicls toget.her; without their assist3nce several of thesc moms would not have lived in
a family safe aemosphere; that dhey work tivith social workers; attorneys and others ta progress their self-
suffeiene}' in the cOtnmunity; and several moms also spoke of the terrific benefits of this program, and
said without these programs, they mighl have been homeless.
Meals on Wheels
Pam Almeida said that this year's request is for $5,400 with the extra $400 representing the 8% increase
in their meals; she sh•essed the program's impacl on nulritio❑ and assistanee wilh the aging process of
many; and saicf olcicr adults will have a reduced quality of life witklaut this assistane•e; and they see their
Coune.il Regular Meeting:08-12-08 Yage 6 of 9
Approved by Council:
i
DY~AFT
program as aprevention program as many participants are ai 90°o nutrition risk and getting these meals
make Et passible to have meals in their homes and remain tiving in their own hames_
Prolect Acce~q
Mr. Jalin Driscall qeiickly vuent thraugh his PowerPoint presentation, stating the ageiicy seeks $25,000
th3s time, whicli equals 28 cents far citiaens living in Spokaiie Valley; and he mentioned that Che
Community Health Care Collaborative G rant cxp ires in 2009, attd su ch grant was for op erating costs and
did not Enclude phaemaceutiuals.
SRoka ne Vallev Parr.ngrs
CEO Ken Briggs explained tha# they da the work that gavernments can't do; and if they i~ould, it is
estirnated it wcauld cost agovcrnment entity fiw times as mu6 to do sa; he sr►id lhey rue not asking for
capitai expenses or salaries, btit the ac#ual cost of utilities and maintenance; that although the- Sclyool
District has been generous, finding the funds to use a school distrkct building is challenging, which
genera]]y a.dds up to approximately $15.000 annually, ' I
Vancssa Reb an Crisis TVursc.
Develapment 17irector Mary Savage explained that their nursery is a child abuse crisis preven#ion centee;
and last year was a recoed year for farnilies neediii g their support; that last year tlyey providcd support to
over 900 kids; that thoy support children betwecn the ages of birth through six, and rhey are the only
nanptofit organizatian that is aiwxys open; and that they seek $5;000 to lielp fund their emergencJ+ cliild
carc prograrn_
Mayor Munson called for a short recess at 7:55 p,sn., at W171CF1 tlllle Councilmerriber V4'ilhrte arrived.
~ Mrtyor Munson reconvened the meeting at 8:06 p,rn.
8_ Fresentation of PreliminM 13udget - Dave [Vleecier
Cit}' Manziger Ivlercier said this 1S tt'IC 51}StII COf1SeC-L4tlYC. I]&IailC~Cd kJUCIget fY}T COIIIlGll's considera#ion; is
consiskent with previou s approaches, and provides stipport foe #he six gaals, ali d coilcentrates cnergies on
the c.orriinc year, ancl this information will be brought back acain at the January reteat. He said irve
continue to use canservative lang-terni financia] measures on caiistructing the budgct, and t7ave '
conscrvativc rcvcnue estimates; and over the cnur5e of time, wc have narroweci the variance between the
z►c:Cual and the projecCecl revenues, Mr. Mercier said thm are no new pragrams; and staff continues ta
strive to break even for the aperation of CenterPlace, N1r, Nlercier brough# afteiytion to pages 86 and 87
►vhicli include the most current prajections of the six-year financial forecast; and fo r thc first tirne, therc
are some negative gro%qh financial factors as we see a loss in sales tax revenues, and said gambling taxes
are dqwn a5 kWe!]_
Mr. Merciei further expEairiod that to providc aclcquate fianding f+or the near lerm, the street fund will
reqaire an in#eefund loan af$1.Z inifkion, and a second inteefkind loan to that fund to replonish the wintQr
reserve winich was campletely exliausted due to the ]iarsh win#er. He explained that thc positive indicators
are thcrc is no now debt, and the}+ 9nticipate about $24_2 i'f'11Il10tt in capital projects to be undertzken
WkTIlln tN next fisc$1 year, vrith our sliare at 37~fo, wliicli is about a 63% sav'tngs on these projec~ts; and
said much of the credit for this funding goes to public wvtks and ta $teve Worley in acquiring fundinal.
After briefng Council an i'he adoption sc:hedule far lhis budget, Mr. IVfercier gave ]iighliglits of severa1
budget pages, including the budget summar}' on page 25. He mentioned that the 6% telephone tax will go
tinttk eff`ect January, bu# #here vvjll be afew month's lxg time before we see actual dolEars, wliiQh wi11
necessii'ate an interfund loan, and oF course. aft-er funds i'o come in, the repayment of that loan,
~ Further budget discussion inchGded clisctis.sion of i'he public: safel}' btidget on page 41, which fV1r_ Mercier
explained is about a l4°o increase and mentioned that the Couiit}+ recently settlcd a Iabor con[ract whtch
Coancil Regular Mee#ing:08-12-08 Pa3c 7 of9
Approvcd by Council=
DRAFT
calfcd for a 4°f increa se in 2008 and 3,5 inctease in 2.009 and some ochc~r costs as a result of negotiataons. i"A+fr. Mercier rnentioned goverii rnen# expenditures on pa-e fil, and other expense,s sui~h as office supplies,
election costs, and implerneni:ation of records management systcm, aclding that staff has examined a ~
variety of different systems and we are at the point oF trying to select a parCicAar provider. i
Councilmeniber ('iothmann meittioned an impact !'ee sttidy, and Mr. Mercicr saic{ Cauncil previousl}+
discussed that st fength to exarrEi ne all i mpac[ fees, and i# will require an appropriate sttidy, and said tIi at Ithose figurcs are a placeholder for now. Mayar Munson su eested that lopic for the Jaiiuary retre-at. I
Other pages of iiiterest and discussioii included pages 78 through $1, and iiientioned that the F"fr,s far ~
next }'ear includc tho acEdition oi' 1,6 bringing the tatal ta 93.75; that the ,6 is in iTafF'ic engineering, ar,ci '
the 1 is in finance, Mr_ Mercier said page 86 shows the most curren# rendition of tEtc multi-year financial
#orecast, and if adopti~d as proposecl, vve would be opera#ing at a sustainable level througli at least 201.2,
yet see some chaljenges in 2013 and 2014, bu# events could take place earlier that would ai'f'ect thase
figures, such as thc 1l10 of l% sales i:ax; or of a continuing reduction in sak~s tax figures_ Mr. Mcrcicr
said l'hat prablem sta#emen# 92 on page 87 was prepared in advance a£the 6°4 teleplinne tax, sa thxt will
be need to be recalculated; khat there are a scries oF other steps wli ich will be i n c I uded in the highlights by
the depaitmeiyts later, and Iie iny ited Council w look throtigh the docuinent as mh departmen t ha-9 goals
a33d will bc givi.n - a report on ii ccomplishni ents; adding tli at we slill have ane-thi rd of tho budgel yeat
remaining.
9_ Uniform L7evelo ment Code Hei ht Amendment- C hris[ina Janssen
~ Assistant Flaiiiier Jaiysseii went through her PowerY'oint presentatioii cxplaining about the requcst for a
I chanae in i'he code far certain accessory structuri~s to exceed the height liniits iri the commercial; office,
~ mixed use and indus#rial zones, and she shovved exampleq of such, aclding that these changc~s would be in
Titles 18 tind 19 of the UDC, Ms. Janssen inentioned I:hat lhis ardinaiice amendmcnti is scheduled to come I
#o counci I at thc A ugust 26 meetin~
~ ~
10, WS I]DT Ap-reeme nt5_ iJrhan R amps Paving &iV],ainline PCCP Rehab -Neil 1Cersten
Scnior Engineer Worley, sianding in far Mr. Kersten, cxplainecl the praposed 1'JSDOT agreements for
ueban ramps pavings and maintiine reliab, as pcr his AugtGSt 12, 2{]08 ftequest for Counci] flction; 'He said
this projcct has becn prograrnmed into tlie 2009 Transportation Improvement Program and ihe 2009 '
budgct, bul per #he WSDOT ageeements, advancc payment af S33,600 aiid $45,000 ziTe required to be paid
for tN~ proliminaey engineer phase and construction phasc respectively; and said #hete are SLlFF1CIeRt ,
contingency funds in the 200$ C-apital Gr&nt's Fund i:a covet these costs. Due lo Yhe overall costs of thesc
pro.ject9, the5e iLerri5 will comc back for a regiilar agenda item ra[17er lhen being placed on the consenl ,
agen d a., I
11. Broadway Rchah Projcc:l 1-90 l'o Park Bid Award -Neil Kerstcn
Senior Fngineer Warley, standing in for lvfr_ 3Cerstcn, eNplained that tliis projQct remove existing
asph:elt pavement and place new Iiot mix asphal[ surf-ke payment and upgrade existing storm drain and ~,idewalks; and that the engineer's estima[e is $400,000, and of that; $354,000 wauld be reimhurscd by I.he '
Seneral grant and $55,000 would be paid by Capital C',rant Funds, and said tttere are sufficient funds ~
wi#hiii the 2008 budget to c~over the cosi ofthis work_ iMr. Worley mentioned that tttis does noi include ~
~ bridge work o3ily ramps_
32, Storiiiwater Va.ctorinc Cha nae Order-Neil ICers#en
Storniwa#er 'I'ech Aaron C1ary wc-nt throKigh his PowerPoint pfesentation explaining storrnwaler
management, including required inspOctions of aII structures b}' 2011. and xssessment of drywells that
~ pose a threat W groundwa#er, showing ~5ome cxamples o!' drywells neediiryg maintenance_ After tlrye
FowerPoini preserimtion, Iv1r. Nlercier explained tlyat qtaff is proposing t1i at the $90,000 change oi-der fnr -
vactoting be placed on the next consent agenda; that they Eiavc a conlractor avlilahie and c-an make ;
advartcements in cleaiiing aut those facilitics; ancl at that next couiicil meeting, staff will also si~e€c a
Couitci! Regular M.eating;08-12-08 Page S of9
Approved hy Cnuncil:
DRAFT
. mol.ion to nol only affcct this change order, whieh doubles lhe amount spent in 2008, but to delegate
_ J authoriry to sign the annual renewals to this contract, much the same as cquncil did previously with the
eontract for sweepin~ services.
INFORMATION ONLY: The Old Senior Center Building Update and Graffiti Abatement were for
information only and not reparted on or discussed.
EXECUTIVE SESSION: Labor Relations and Public Cmplovee Ferforinance Evaluation
It was rnoved by Departy Mcryor Denenrry and secotided to adjouni to Lxecutive Sessron for aboui 30
mirrtrtes to discttcs lcrhor relations crnd lrtrblrc employee perjormunce evaluation, und thcrt no uclion will
be tukeri aftenvurds. Vvte by .4eelcrmutiun: 1n Fcrvor: Muyor Mtmsvrt, Deputy Mcryor 17eneriny, and
C'ovncilmernher,s Schimmels, Dempsey, Cothmanrt artd Wilhite. Opposed• Cotirtcilrnenrher Taylnr.
rlbstentians: A'vne. lldotiart carriEtl. Couneil adjournecl i.nto executive session at 9:05 p.m. At 9:30 p.m.,
Deputy City Attorney Driskell announced the Executive Session would be continued for anothcr tifteen
minutes, Mayor Munson clcclared Council out of .F.xecutive Session at 9:43 p.m. It tivas lhen moved by
Cowrcilnrember Cothmrnrn, seconded nr:d unanintously agreed to adjocmr. 1'he meeting adjourned at
9:44 p.m.
ATTFST:
RichiUd Ivlunson, Ivlayor
~ Christinc Bainbridge, City Clerk
Council Regular Meetine:08-12-08 f'age 9 af 9
Approved by CounciL• V
DR.4FT
~ K1NCTTES
Spolcane Valley City CoLuieil SfLidy Session
Tuesday, Auaust 19, 20 08 6:40 p,m.
CenterPlace, C'rreat Hall, 2426 TV Discovery Raa.d
ATTENDANCE:
Cauncil staff
Rich Munson, Mayor M ike Jackson, Deput}' City aVlanager
Dick Denenny, Deputy Mayar [arrived 6=15 p.m.J Mike Conttclly, City Ai#orney
Bill CTothmaniy, Councilmember Ken 7'hompson, Fi~nance Directar
C',ary Scli immels, Councilmember 8 cott Kuhta, SeniorP lanner
5teve'faylor. Councilmember Kathy M cC lung, Cornmunity ]7cv D ir
Diana Wilhite, Councilmernber E1+iike Stone, Parks & Rec Direc#or
Rick VanLeuvon, Poli ce Chief Neil Kersten,l'ubEtc NVorks Dircotor
Absent: Greg Bingaman, IT S pecia] ist
Ttose 17em psey, Councilmembor 13i11 Miller, IT Specialist ,
Chris Bair~bridge, City Uerk
i
(Approximately 80 penple in atrtendanae)
Mayor Munson callcd tli e meetiri~ to order at approxirnately 6:00 p.m,
~ Rofl a1L• City Clerk.13 a inbr3dge calfed thc roll; a]] Councilmembers were present ?,xcept Deputy Mayor
Denenny and Councilmenlber Aempsey. It ivas rnoved by G'ounciIrarember 7'crylor, seccrncled crrrd
unanimousf}j agreed 1o excuse Depirty Mayor Denenrty cmd Coxrrrcrlrnernber Derrtpsey roin rnnighl's
meeting,
New -Em fv ee Infrodtictioi:s; Parks and Recreation Direc~lor Mikc Stone intr-oduced new Adrninistrative
Assistan# Patky Hisc~hoff; w1io worked for Washington S#a#e far eleven }'ears, mos# recen#ly for the
Departmenl of Transp ortation, Human Resources Manager Johtr Wh itehead then in#roduced nev.r Hu maii
Resources Techniuian Sara Ric13ardsan, who rece-ntl}' moved liere from Lzis Vegas with her #alnily,
including new bab}'. Council welcomed and greeted the new employccs.
1. Economic D evelop menl' 0 utside Agcncics=1Cen.Tbompson '
Finance Director Thnmpson explaincd that we have five Ecanomic~ Dcvclopmeiyt agencres to present
tonight; tli at the totaI reque5ted funding exceeds thc arnount budgeted; and that he h as di;tributed a sheet
Uo C:ouncifinembers so Chak #h e}+ in ay niake their individual recornmendations and return #he farm lo i4'fr_
Thomgson so that allocations may he consideeed at the Atpgust 26 Council iiieeting, fViayor Munson
reiterated that pro.5entations are limited tn tliree iiiinutes each, ancl mcrttioned that Cooncil Iias read the
maber ial; and that the three min4ites does not inc-lude questions fram Cottncil.
Careater Spul:zinc, Znc - Jim Huttenmaier
Mr_ Huttenmaier briefly rnentioned thc~ prior fundiii g history, spoke ta the return an investments, and
Iiightiighted the niaterials in the council packet, including iheir assistarice. to eleven retention and
expan sian clients responsible for a combined payroll (~fS 17 m illion, and a combined economic irnpact of
$52 million; anci said that these companies prnvide an annual tax reventie of just over $2 million ta
Spokane Valley; he said five recruitrnent clients lacsted in Spokane Valley creati~d 1$2 ilew_jobs with a
~ payrol] oF$6.3 rnilli on and an estimated annual tax revenue of $1 million; hc~ said the. investment request
i of $6 5,040 equates to app roximateEy 730 per capita b$sed on an 88,000 populxiion figure; and thcir $2
Stady Scssion Mee[ing Ntiitiut£s: OS=! 9-08 Pagc ] of 13
Appruvecl by CouncEl-
ll1~3-
milf ion from the retenlionJcxpansion reveiiue that comes to Spokane Valley equates to appro:cimately ' .
$22.47 per capital; #hat tht million tax reven ue froin the recruitment clients equals about S 11,23 per .
capita; and said lhe 7 3 ~ per capita investment has a return on investrrien k of about $33,00 p er c.apital far
Spokane V a11ey, which they feel is a dynamic retuni on #he investment, and he 2IlC041I'ag2d C 041IlCIII S
continued support,
Internakion$I Trade Alliance (ITA) - M.ark Peters
Mr_ Fe#ers intraduced one of Iiis Board Meiiibers and major clients, a gentleman with Kirn Hotsi'art, who
expkxined that they jained 1'I'A rvith 8 0 employecs and as of last year tli ey now h ave ] 35 employees wit17
$ 30 rnilli nn in sales wikh S 6 millioii in exports; Iie explained tliat 1T'A helped them r.;onnect with [he
outside vairld, that khe}+ put tagether all the companies in the. arca to learn from each other, caniiect and
work and C4ll1b3R2 resaurccs. Mr_ Feters 3iien#ioned his additional handout showing performan~:e
measures and Eurther ltiigli lights, and sa id they estimate t}sat the per dollar return nn export sales frorn 1TA
funding equstes $5,600 in sales by tnanufacfurers in the City,
Spakane ATeiarb b orhood Economic Development lllliance (SNET) A) -Er ic Loewe
; 1\1.r. .Loewe discussed the SATEDA mission $nd purpose, gave some backgro4uid infanna#ian on #heir
activity and benefit,s to the coni ni unity, and explaineci hov,r their 5,000 rcquest fi ts in wikh their budQet,
as showi3 in the ma#erials. J.n response tn Council question comparing SNr,DA with SNAI', Ivlr, Lowe
said they do overlap and do cross-refer, btEt his arganicai.ion does not have income 3imits.
5p0k81ie S lte S c IcCLQr- Q41)! Brooks_ af W SU
Mr, J3rooks cxplarned #hat they ate ex6teck to mainfiain thcir rclationship kv€th the C it}'; and lye went over
the highlights of the matcrial included in the packet; and said this relationship is agrent example of loual
govcrnrnent in cnnperatian with publir; and prkvatc partncrships; and said that their wcbsitc makes tltis .
regioii available 2417 in the olobal si#e selection, ln respanse ta Council question, Mr. Broaks said lhat it
is mostly+ xhe raaltors w7io keep the webpage updatcd, although they do occasionally get informatinn
elsewhere aboLGt items tf) correct or update; and #o his knowledge, all m~tjor commercial re~llors
participate in #he SEte S elector,
Spokane Va11ey Chani ber oFC:ommerce -.Eldonna Shaw
Chambcr President €ind CF.O F.,ldonna Shaw exp lained that iheir ruy4tcsl wi l] bencfit lho businesses in thc,
13usiness Centor Incubator; she said they ]7elped foueteen businessas get started over the year, witli suc1,
€tssis#ance including having high-speed internet available, €illd a f41I't115l7ed OfF1Ce W1iePe, TFIey Cai7 jklSt COCTle
in and plug in; and that #he inctabatar is Ehe oniy one of its kind in the Valley. In response [o Council
qUt;stion, Ms. Shaw said if #he fiinding were less than requested, they would be able to put fiands tovvard
their iiiarEceting brochure,
Maypr Munson thanlced the gresen[ers, saicl that no dccision would bc made tonigh~ and hc. cnoouragcd
Councilniembers l:a give thcir funding recomrneudations to Finance Director `1"hampson in prepara#ion for
next wc&'s agenda itenl to (i iscuss a Ilocalions af fun(i ing for a11 outside agencies,
~ 2. Sy}ran. ueli3owdisli Concretc Ini-ers eciion .Bid - Sleve Worley
~ Pubiic Warks l) irec[or ti{erstcn, staridin~ in for Engineer Worley, explaiiied that th is is the las# touclt on
this projer.t before bringii3n the itei-n t0 COU3icil next week for action after #he hid aivard prl FI'Iday; that
, the total project budget is about $l mEllion, with S`fA funding approximately $700;0{}0_ Mr, Kerqten
cxplained that the project includes relocation a£ the existinc C3E13is RoadlSprxgtie llventie sigiial sys#em #o
#he $avvdish RoadlSprague Avenue J.ntcrscction,
;
StWd}' Session NleeCin6 Adina#es: 0$-19-08 Page 2 of 13 ~
Approvcd by Council;
pRAFT
May4r Munson said there remains approximately thirty rninutes before the scheduled 7:00 p.m. hearing;
\ . l1
and mentioned that he aticndecl several meetings ovcr the last month with the Association of Washington
Cities, and he hcard reports of many distressed eities throughout the state; and saicl Spokane VaUey has
ahvays had a balancecl budget, tliat we spend money wisely and plan ahead, and he thanked staff for
developing workable budgets and for forward budget planning. Mayor Munson called for a recess at 6:30
p.m.
Mayor Munson reconvenetl the meeting at 7:00 p.m. and qpened the pzrblic hearing for Aook IIl of the
SpragueJAppleway Revitalizatinn Plan. Mayor Munson askecl speakers to please speak slowly, and said
that questions will not be answcred tonight, but Council may ask for clarification if necessary; and that
the public's questions wili be answered as Council deliberates on this Plan; and said that everyone has the
opportunity to provide «7itten comments, and that a cut-off for submitiing commcnts may be determined
later tonight.
7 p m I'UBLIC HEARCi\°G: Slwaguc/Applcwav Revitalizadon Plan Book TT_T- Scott Kulita
Mr. Kuhta said that tonir* t's focus is Book lll: City Actions, which include the strect centee; street
network and streetscape improvements; per Mr. Kulita's Auguse 19, 2008 Memorandum, he briefly
explainecl about the City center section 3.1, and the lisl of strategies used to attract developers; that the
City actions include recommendaCions on street nerivork improvemcnts, wfiich includes the one-way/twwo-
way issue, and desired transportation system; he said there were intensive '►nteractivc workshops in 2006
on circulatinn and street design co gather ideas on the kinds of streets desired to mateh the eiry center
concept; and c•qnceming I:hat workshop, Mr. Kuhta said that out of fourleen tables of individuals with a
total of approximatety 100 individuals, only one taUle wantecl one-way; while the remainder wanted the
rivo ways on both Sprague and Appleway. Mr. Kuhta explained about the recommendations to complete
~ the nvo-way conversion of Appleway and Sprague and said I:hat will help enable the cily centcr aild
streng,then businesses along the con•idor as it establishes a clear gateway co the eity, and that it would also
eliminatc confusinn related to a one-way systEm, all while maintaining the desirable level of service, and
that this is the concept for riventy years hence. Mr. Kuhta then briefly explained the various stagcs needed
to accomplish this 1'lan. Mr. Kuhta saicl in response to Mayor ivlunson's queslion about funding, that we
have to have a plan before we determine how to pa}' 1'or this; and said that regarding the foure,s from
Spakane Regional Transportation Commission, it is imporfant: to get the capacity figures at the
intersections correct to ensure congestion is addressed.
Mayor Munson invited public comment, emphasized that no decisions have becn made on this plan, ancl
reminded everyone that Council will continue to acecpt Nvritten comments.
1. Bill Berry, 16010 E SpraaUG: said that the last time be spoke he stated that he owns three commercial
properties in whal will be the new zoning aiid the new street situation; that in concentrating on the
nrc?perty at 16010 E Sprague, he said his three properties w•iU enci up in four different zones with this
partieular property having lwo zcmes; that currenlly is it community com.mereia) which allows the
business and irnprovements for aclditions to the currcnl operation in the buildings, but uncler the proposfll
it would be the new lesser zoning, whieh will put the current strueturc in nonconformance; he said on this
property, there is a pre-located street sho~Nm going through the rear half of this propert}; the property is
565 feet deep, the road is proposed about the middle of that which is al the end of the current existing
structures; he said he, aan't get answcr from the 1'lanning Depactment or from the City on twro thinns:
when or where will the prelocatecl strcet be placed; ac►d he saicl dozeiis of other properties are Faeiiig
similar nre-locatecl street issues; as a hypothetical case, he said if he tverc to bring in an acceptable
permitted plan to builcl a}}ouse, a fnur-ple:c, a business office or whacever is allowed; and he spent the
money and even put in the street that is shown as a prc-located street; how woulcl he access wliatever he
wauld build; he saicl if he puts the stccet in there and Appleway is not done, even if this is some fillEen lo
hventy years out; will that property be held in abeyance and nothing done with it?
S[udy Session Mccting iN4inutes: 08-19-08 F'nge 3 of 13
Approvcd by Council:
DRAFT
2 Jack Rile}=. 8122 F, Spr: said he has coiicerns about re-zones on his propcrt_y as well as his
ncighbor's property, that he is corifused about this; he understands he will be doNvmmned; he said if he
has a commercial restaurant which is currently closed, it's been a restaurairt since 1939, and for them to
downzone their properly, he said if he can't lease the restaurant to anocher person ancl is forced to sell it to
a car de.alership whether new or used, ancf the prop£rly is rezoned not alldwina tlim to have a car lot in
there, he doesn't know where ta go from therc; he said if the properCy is doNvnzoned the value will be cut
in half; and he asl:cd if taxes would also drop; but he said if businesses are closed there are no sales taxes
collected for the city, property values will go down, which will end up as a domino effect, and said if you
can't collect money to run the city, Lhen propert}' taxes will have to be raise.d on hnmes.
3. Dick Behm, 9405 ` Spril ue: said he is representing Spokane Valley Business Association (SVBA): he
saicl that the majority of the members of the SVBA are business and property owners on 1'ines and Third;
and they also have members across the valley including residential prnperty awners; he said they are in
favor of the lraffic revision as planned for the reasons testified to previously; he previously sent Council
an e-mail which tlley should have, and said khat the public has had unprecedented opportuniry to
participate in diis plan; there have been more than 136 news media items on this projeet since the project
began; the Plan was covered by the Valley News Herald, the Spokesman 12evicw, Journal of Business,
Building Magazine and various radio and telephone stations; there is a link tn information on the front
page of the City's website, surveys %vere condiicted by mail and telephone asking citizens what iheir
vision is for the new city; he said the answers were seriously consiciered and many eitizen ideas were
incorporated into the plan by the Consultants; that as of today, there have bcen riwenty-four public
meetings and presentations to the City Council, which does not include all the Planning Commission
meetings during their cleliberations, nor dnes it include all the public workshops held by the Cansultants;
which hundreds of citizens attended, and presenlations macie to organizations like Ki~vanis, Rotary and
the Chamber; he said all those mcetings were Nvell attencied and the majority of thosc attending approved ; the plan; he saitf it is expected not everyone will be in favor of all aspects bf the plan, buk the majority are
in favor; he snid that now is not the time For opposition; everyone has had more I:han enough time to voice
their concerns; he said as the plan is implemented; therE Nvill be problems, and there will be fle:cibility to
address those at the time; ancl those who have legitimate conecrns had the opportunit_y ancl wcre invitecl to
participate, ancl those who did not should not eomplain but should work with the Ci .ty to resolve those
problems; and he said that staff is more lhan willing to «<ork with everyone herc who has a problem; and
he's never met any SCaff ttifio was not willing to bencl ovcr bacl.wards to help resolve a problern.
4 Uean Grafos 16120 E Sprasue: said he is opposed to the impQSition of the city's corridor plan; as a
laxpayer with com.mercial properiy which will be dnwmzoned and become noneonForming, he asked
Cou►ncil to address the following issues: st:reet cflnstrucliqn calls for expendihues in 2007 dollars i»
e:ccess of $41 million; he said this is an unfunclcd mandate and obviously this means a tax increase; he
said the City's Nvebsite's strcet fund problem 42 explains a shortfall in fimdinb over the next several years
of $ 10 million annually in the street fimd Co maintain ancl repair the existing roads, rind he questioncd hoNv
we will fuiid maintenance on existing streets without tax increiises; not to mentiofl the streets Nvhich don'C
yEt exist; he asked how the city plans to fund the rnillions of dollars for the revision of off=ramps at I-90
proposed by the Transnortation Plan, when a letter from the Washington State ]aepartmenl of
Transportation sent to the Planning Staff, not only states there is no funding available from either the
DO'1' or from federal highways, but that the letter stated that the City was told lo cease and desist from
portraying this modification as aWSDOT iniprovement; he said this March 12, 2008 letter was addressed
to Senior Planner Scott Kuhta; he said obviously lax increases will be required by this grandiose plan antl
won't be shared by the City Manager whose residence is in Battleground, Washington; or the City
Cornmunil'y Development 17irector who lives in Liberty Lake; or by Senior 1'lanner Scott Kuhta who is
said to reside on Spokane's South I-lill; but it does affect Pcople who Iive and oNvn propcrty here.
Study Session Mecting T4inuces: 08-19-08 Page 4 of 13
Appmvcd by Council:
l)12AFT
5. .Tohn Keames. 11128 E Sprague; said he is concerned that ta:ces will have to be inereascd substantialty
to fimcl thesc imqrovements; he said many businesses along Sprague are strugglinb now and an incrcase
in properiy laxes will qrobably fnrce same to rclocate or go out of business; and this won't have a posilive
' affeet on the city; he saicl another huge potential cost is the requirement that lanclowners will only be able
to invest 15% nf their property's assessed value in renovating their property, or diey'll have to bring their
buildings up to the plan's standards; which will be an insurmountable cost to most landoNvners; and he
asked who will choose not to renovate their buildings; he said no one will want to incur the expense of
ztdcling to their buildings in order to move dhem closer to the streel riDht-of-way; and the cost associated
with the road improvement in front of their propercy will be expensive, and said the burden will be
inerea.sed by the demand that the landowners create landscaped area and plant trees that they'll have to
maintain; hc said landowners wikh more than four acres, and potentially others as well, will be responsible
for giving up a portion of their land and build inlerior roads that meet city standards; he asked Council to
consider the cost Qf adhering to this requirement; and said this raises the issue of condemnatian without
compensation; he said the same is for property owmers on the propASed Appleway corridor as they gel
downzoned &om commercial to residential; and }ie said the whole concept of a cenlral corc is a great
dream but unrealistic; he said we are nnt San Francisco or Seattle and there are no attractions to draw
peoplc in; and said he is opposcd to the plan for the cost.
Councilmember Ta ylor asked if Mr. Kuhui could aivc an explanation of the 15% rule which the Planning
Commission changed to 20%., and to explain what triggers the re;ulalions. M.r. Kuhta explained that the
draft included a 15% rule and the Planning Commission increased that to 20%; that exterior
improvemcnts - the outside of buildings like a facelift or ehangina the windows, diat meet 20% of the
assessed value nr the apnraised value, will neeti to conform, but that only includes the architectural
requirements of the plan, which means buildings will not have to be moved to the corner or do anything
O else other than the archiCeelural stFUidards. ln reading from the draft plan, "Interior tenant improvements
shall not bc required to conform to the requirements of this Code" - so if there is a change inside, he
explained, nothing necds to be done regarding the code; but if there is a building addition which is grcater
than 20% of the floor area of tlle building; then the requircmcnts of the Code must be met. imayor
Munson reiterated that if nne does a cosmetic change to the outside of the building, there is no
requirement to mave the building; and if that change is 20% of the value of the buildine, then it must
conform to the code for the stAndards, not by rnoving the building. Mr. Kuhta Agreed and said that it
includes only the architectural standarcis; 20% of the appraised or assessed value of the building and the
land.
COUt1CIIRlemher 'Cayt01' RSI:Cd if Mr. Kuhta w•ould explain aboui the down zoning especi111y referring to
the residential corridorsJstrip;.and if vlr. Kuhta woulci explain what uses are allowed under the residential
boulevard, so it's not taking a eommercial area fuid just saying yrou can only put up single-famity housing.
Mr. Kuhta explained that the Appleway Boulevard District mne, which runs along both frontages of
Appleway as proposed, allows residential, whieh is multi-famiiy, townhouses; all kinds of re-sidential
developments, it allnws office uses, and corner store retail up lo 5,000 square feet in A mixed use building,
which would be office on the upper floor or residenti<<I ancf recail on the growid floor. Councilmember
Taylor asked if the type of o1'fiee seen along ttie ArgonneJMullan corridor are the tyPes of buildinp,s
allowed along this residential boulevarcf, ancl Mr. Kuhta said yes, as well as office buildings along
Evergreen; they would be allowed.
6. Richard Brvant, 12025 East 315`: said he is a member of the Inland Empire Rail Transit Assoeiation for
rail transportation in the metropolitan area; he said the plan for transporcatinn is a workable plan, but therc
is a problem in that the corridor is designcd to go all the way to Sulliviin, but said the City doesn't own
the property, ancl hc asked how the City will acquirc the property; he said the deed states that the property
is reserved for high-capacit}' transit; he said tliis is a superb chance to become a model ciry a..~ the cQrridor
could iiiclude light rail; electrified system powerecl by the wastc to energy plant, it would never run out of
Study Scssion Meeting Minutes: 08-19-08 Pagc 5 of 13
Approved by Council:
bRAr r
. ,
power as it wauld be powered by garbage; and explained that there is a national organization called Rails
to Trails which is in the process of creating a national bike trail from Chicago to Seattle throu;;h the old Milwaukee corridor, which rtms thrnugh Spokane, which Hrould be a boon for the city to have a green belt
of light rail, which would i.mprove air qullity standards, and he said the EPA is in the pracess of making
the air stanclards stricter; and his question is how is the City going to acquire that property Ihat the City
does nnt nwn bu[ plans W put a road thrnugh, which is reservcd for high-capacity transit.
7. Richard Harrnon, 17610 E vIission: he said that in reference to t't 1 of "identifying opportunities for
publie information and involvement," that the public has given up; they've told Council a hunclred cimes
they don't want half of what we are trying to get and they dnn't even come to the meetings any more; he
suggestecl putting the p13n to a public vate, which would be public service; and hc su-gestecl nat rimming
this through as that wnuld be a publie disservice; ancl regarciing the City's vision of zoning; he asked
about the puhlie's vision; he said people have come to meetings and people don't comc as the people beC
worn down when Council keeps havino nurnerous meetings; he said the public ean't cnme every week;
that Council wants support for purchase of a site for a City Hall; and said Council wants support for a
county library; but he said that the County library was voted down primarily because the Council was
trying ro use that as an anehor for a City Hall thal people cion't want; he said this is not because people
don't want a library, but it is beeau5e t-hey cion't wcint to help Council do these things that Council wants
to do and use a library as a means ro the end. He also said he does not want the streets to chanoe back lo
twaway as now the traffc is easy; the people are used to it; he said it was bad in the beginning, but now
people aee used to it and they want it; he feels that anything that comes up in all Cotincil's meetings
should be put to a vote,
Jack Bean, 1 1717 T: 25'b Avenue: tie said t:his is not his first meeCing on this issue; he said that every
meeting he has come to, the majority of people are not in favor of this; thai they don't want to spend
rnoney; and believe the couplet is a goad people mover; he said in looking at the difference on the
couplet-; anci the Cime you oet off the frceway from the time you get to the end at University; thcn go down
on Sprague and heacf to Sullivan; he said people run red lights because they are tired of being jammed in
trafE`ic; people sit at traffic lights with cars ninning; 1ie said that earlier Council mentioned about half of
t.he cilies in Washington are in troublc finaneially, and he suggested we not follow them and Said thcrc is
no financing for a city hall; he said there is no draw for a downtown; hc said this a-ea has little
c;ommunities, IikE where City Hall is now - the Alton Communih', and he saicl that people will not eome
down and walk around the skreeLq, they hcive their neighborhoods rvhich is the draw of the Valley; he saicl
people won't come down tn the City Genter and it won't be used in the way it is being sold to the public;
and said that the pcoplc have said no over and over; and said lha[ he will remember each Councilmember
and ne,r1: time they run for elec.tion he'll remember, ancl the only way to get the people's Nvay donc is to
vote chese Cnuncilmembers oul.
9. Art Britton, 18812 k Fuclid: said he agrees wilh the previous spealcer; said he has never becn on lhat
stretch of road when it's been congested; not like Sprague north on Sullivan which is highly congested; he
saicf there is no point in tearing up streets that are hanclling traffc; that the University Center is not the
place fc,r the City I-Iall; that the Valley is growing the opposite wiiy; he said the this area here
[CenterPlace] would be a gand place for a City 1-iall; he said that Universit:y City went down the tube
several years ago, and that will not cnme back up again and City Center is not the way to da it.
10. Joe Delay. 5426 S Quail Ridee Circle, Spok3ne: he saicf he is speaking on behalf of h,.,o properties on
east Sprague; the fist property is located At East 23 and E 8125 SpraDue, which he said is the Pizza Hut at
Visla ancl Sprabue an(i is now vacant; and the second prnperty is just west of that, which is a Kitchen
Interiors; lie said the otlier property is located at E. 10001 Sprague Avenue; which is a property now 60% -
occupied by the Washington State Liquor Control Board, and 40% of that is vaeant; and he said the
property at E<ist 10001 Sprague has been vacanl For over twro years; which tivas formerly occupiecl by the
Stud}' Scssion N4cc[ing Minutcs: 08-19-08 Page 6 of 13
ApprUVec1 by Council:
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~ Casino; he said opposes this proposal although he knows that Council wants to do the best possible fbe
the public and business property owners along thal area; but the queslion is what benefit is thcre in
chaneino the zone in this area; and said that in lool:ing at the proposed zonc change, the Washington State
Liquor Control Board will be a nonconforming use; and he said they have a clause in their lease that if a
municipality changes the law that does not permit t:heir legal operation at that site, thcy can terrniriate the
lease, and slid there is currently a ten year lease as the Spokane Valley Planning Commission granted a
building permit to remndel that store at a cost over $100,000, so the Liquor Board would have a modern
facilit}; and he said that under the permittecl uscs, this i.:iquor Store would not be permitted nor would it
be permiCtecl undcr a conditional use; and that Couneil is here to help the public and the property owners
and he asked Council to rejcct this proposal. Fle added that since the one-way was put in, Kitchen
Interior's rent was reduced by 50%; before Pizza H..ut closed and before the one-way was put in, their rent
was cut 33%; and the remaining rentals in that area have been affected as wcll; and subsequent to doing
that, he said he received a um. bill from the Spokane County Treasurer seeking to dnuble his taYes xt that
location three years ago; he eYplained that the rent is being cut so the County dctermined not to raise his
ta.Yes; ancl he said that there are laws in this state that state that zoning laws that result in relatively little
gain Qr benefit to the public, while inflicting serious injury nr lnss on the property owmers, have ahvays
bEen held by the court to be confscatory and void; and }ie said this plan is not in the benefit of the
property owners or Spokane Valley or business aperators.
11. Nlike Delav 1719 S Roclcy Ridge Drive: said he feels Cnuncil has the public's best interest at lieart;
and said that it is sttteed that Council wants to build in cooperation with the property owners and witli the
support of the community, a city center, aiid a desirable community; and he said he wan[s to see that
happen; he suggests ttlere are some witys Co obtain the desirable result, which can be achieved by having
mixed use in the city cenCer, maybe some people living abnve and retail; ancl that Council wants to see
0 buildings closer to the strcets and parking in the rear; ar►d instead of inereasina regulations which have the
affect of down zoiiing or creating blight, the goal can be achieved through some taa incentives; by having
commercial used for apartments or high residential use, you get deferred or suspended real estate taxes for
five or ten years; and if the cles'►rc is miaed use, he suggests council think af a way to tie that into the tax
structure; he said this leads to the developer working with the plan while still having a financial gain due
to np one paying some t<Lxes for a time in order to recoup what he has to ao which may be not as desirable
without the incentive. He than.ked Council for this oppoctunity to speak; ancl mentinned "green building
components" could also be addecl to the regulations by eiiticing developers, if they use the "green"
components, they get a defennent or tax reduction for a short period of time.
12. Jim Gollv, 1841 N Salmon River Lane: spoke in coiulectio❑ with moving trzffic, mentioned
synchmni7ing the valley traFFc lights; that the lights can be frustrating sometimes leading to accidents
due to red-linht runners; and said the synchronizing of lights would also lower polluti4n due to less idling
of cars; and he said he supports beatification and moving traffic.
13. Jane Fra»ks. 12508 E. Skyview Avenue; she said she has attended many council meetings to see this
process; as a senior she said she would likc to see ihe one-wsy roads extended fiirtlier; slie said she is not:
a business owncr; aiid said that most of the seniors would lil:e to see it go further instead of back to Nvo
way and have to learn all over again.
14. Glenn Burclick, 16215 E Sprague: echoed the previous gentlemaii's appreciation to Council and
thanked Council for listening and saicl he realizes the hard job of trying to make everyone happy; he said
that he only found out about the zone chanoc yesterday; and said that when they did a zane change on
thcir property ten years ago, they had to give a month's notice, pay $1800, and put up a sip, and mail out
0 notiee to ncighbors; Fu1d he snid he doesn't know how it slipped by notifying everyone; ancl he realizes
that it is a big job; ancl he said that it is taking a big step far sUmeone who has aS 100,000 piece of
prnperty and knows that something was going to happen to it; he said he appreciates the iclea of keeping it
Study Session Mccting N4inutes: 08-19-48 Page 7 of 13
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~
two-way; and said that iC people want a quick route easthwest, that I-90 is agooc1 way to do that; and
regarding down zoning, he said when he bought his property is was zonecl B2 which gave lhem a lot of
clifferent direecions to go, but the last rczone they lost a lot of potential for the property; and going into the I
new zone will take away even more allcrnatives; he said he appreciates wajiting a good looking city with
trees, but agrees that maybe making tim inccntives or somc ather way to have the people buy in would be
preferable to being dictated to; and he said that he doesn't understand how with their property, someone
would tell lhcm if they want to c1o a tire shop you can, but not a book store; ancl some of those intrieaeies
don'l make sense to him ancl the aptions should Ue left more open.
15. Jae JovanOvich. 9610 E First: he said that many businesses depcnd on the eff cient transportation of
the couplet; he said that a hvo-way systEm on Sprague, which they had many years of unhappy experience
with; will havc several negative aff'ccts, on the timeline.ss of delivcriiig their serviccs; he said nf those
wishing, to go back to two way traifc, thitt there has heen a lot of attention that the one-way traffic is the
cause of the business failtires: but he said there are other relevant factors which affected the businesses on
Sprague; he said there a'e bunchinas of similar retail establishments on Sprague, such as Purniture stores,
fast food re.slauralrts; aulo or truck aceessory stores; and said that clustering similar business means that
unless there is a huae and continuing demand for those services, sotne will fail; he suggested too many
c4mpetitors and low margins had agrcater negative affcct on the demisc of t}iose businesses on Sprague
then the one-way traffie; and added that widl the requirements for landscapi►lg, building design
improvements, signage, winclows, narking and other things heapcd on property wwners, that would cause
greater rales; and askeci if the current businesses hctve a difticult time pa}'ino rent payments now, he• asked
how the future uncicr this plan would be brightcr; he said there are not enaugh people living in the
corridor area to suppnrt the businesscs an those arterials; the residents are not wealthy, and said if the
corridor wilh its safe wide lanes, limited traffic lights, is slowed down by adding two-way tralTie, many
mntorists will look for different routes to the freetivay; and thercfom the desire Co find alternatives to
Spra;ue and Appleway will cause the opposite affecl on the livelihoocl af businesses and prnperty owners. ,
16. Gene Hinkle. 11916 E Sprague: he• said t.here are about 1300 propcrty owners on the si:Y miles of
SpragueJAppleway and he suggested chat 1000 to 1200 of these oppose tliis plan; he said 90% are
opposed to changing the couplet and he said hc daesn't know how the Flanning Comrnission can
recorn►nend this after all the nieetings lhat 1ie attended, which was almost all, with about 90% testimony
of don't mess with the couplet; he Suggested there is no mflndate for this plan; flnd he mentioned the law
of unintended cnnsequences; he said t11aC 80 to 90% of the residents and business owners oppose this
conversion; he said that ten years ago he worked for five years to hclp create dhis cit'y; and perhaps this is
a result of the law of Lmintcnded conscquences, but he said at least we havc a vroice now whieh is better
than just having one county eommissioner; he said if this goes ahcad, there will be a mass of opposition
and we don't want to be a dysfijnctional city with cndless litigalion; he said the plans lo cnhance a
relatively small area from University to the freeway along Sprague to benefit a small numbcr of
businesses ancl property owners is way out of hancl; he said the Universily Mall was forced to f.iil and that
is where Council wants to lacate a city center; he suggeste.d Council drivr along there and look at the
businesses to see hnw many have shabby appea.rance; he said he opposes much of t.his plan arid questions
the responsibility of the City to attempt to makc those propertiy owners successFiil; he said your missi0n
should be to crcate a level pla}ring fielcl; he said he went to City Hall this week and asked for a mission
statement for the City of Spokane Valley and he said he was told there is none, they said you have a
vision statement but not a mission statement. Mayor iN2unson responded that that information is incorret;t;
and he asked Mr. Hinkle to come back again to CiCy HaU and he would be given a copy of the mission
statemenc. Mr. I-linkle eontinued and said staff cnulcl not produce a mission statement; and he adcled that
the City should be creating a level playing field for all letal businesses with fire, police and good roacls;
and said the proposed zoiiing laws are draconian and wrong, they down2one, they take away people's -
wealtJi; and they don't pass the IC.1.SS rule, which is keep it simple stupid.
Study Se.ssion MeetingiN~tinutcs: 0$-I9-08 Yage 8 of 13
Approved by Council:
nxaFr
~ 17. Susan Scott. 2312 S Baldwin Road: she stated that she and her husband own L.ark Incorporated at 205
S Evergreen Road; and said it has been frustrating trying to keep up with all the changes of this plan; she
said she came to every workshop and meeting, and she said now we are down to the final stages with
hearings on Aook 3, and she asked where are sections 3.1 and 3.1.1 on the City Center and City Centee
Civil Facilities, and she said that they are finally here tonight; she said the planning department is more
interestecl in fast tracking this plan to adoption than wrorrying about details and unintended consequences
for small businesses and citizens; and that the public has had their chaiice to weigh-in and that the public
had better ` just get over it and move on," she asked if the ylanning I7epa.rtment has given Council
satisfactory answers to Council's que,stions; and if they told Council how many businesses have been
downzoncd; or how many will be made nonconforming; or etplained the impace of being nonconforming;
and she asked Council if they are aware of the serious insurance and lending issues the nonconforniing
businesses face; she asked if inenlion was made about how expensive the archileccural and developmcnt
standarcls arc or of the per capita income nee_ded to make the envisioned city center successful; and she
asked w'hy millions should go forwa.rd to enrich a select few; settinS them up to compete with other retail
developments which were built with private dollars and exist through free markets; she asked Council to
slow down and consider carefully all the plan's ramifeations; anci to listen to the citizens over the
consultants and planning department, she asked Council not to let Spokane Valley just be anodier notch in
a consultant's or planner's belt and she said the best solution may be to build just a civic center, librar_y,
and a city hall on the land already owmed at Mirabeau, extend the couplet ancl give the Comprehensive
Plan just adopted a chance.
18. Mike VanTainter, 1501$ East Shellev Cnurt: he said he is the ptisl presidenE of Washington State
lndependent Aueo Dealers Association, and is also a resident of the valley, he said his members are
oppased to the plan as proposed mainly concerning not allowing used car dealers in auto row and the total
0 eliminalion of automotive dealers on Sprague F1venue east of AuCO row; he said he has previously
submitted concerns in writing; but appreciates the opportuniry to speak tonight.
19. 12ob Nordhitgen, 6708 C. Apaleway: he explained diat he is a cv- dealer, and szid he would like
Council to really consider the wording of that used car dealership; said concerning traffic, he is confused
as vlr. Kuhtii saicl therc will be five lanes if we do this tvvo-way thing on Sprague; with four directiona)
and one a center-turn lane, and Applcway would be three lanes, one lane each direction with a centcr turn
Inne; and said now there are five lanes westbound on SpragLie; and the proposal is three e_astbound and
three westbound; and said hc is confused how you ca» move traffic «<hen ttle traffic lanes are reduced;
and said it rnakes no sense to him; he urged Cnuncil to take 1:hei.r time anci think about having lhis put to
the vote; he asked if the 1200 business owners hflve been contflcted about beuig downgraded and the Area
zone changed; and said if the buildings burn down, the insurance companies won't pay the a5sessed
value: and he asked if the 20% is based on the current value Qr after the downgraded and assessed value,
which mcans if his property is worth a half million no«r, then it is rezoncd residential and is re-assessed
and hc is nonaonforming, it's a quarter million dollars, which is more like 10% for a remodel then; and he
said there are a lot of Litt:le areas that need attentioii; he said he doesn't know what kind of grip the
University City property owners have on Council, bccause they are driviiig that main corc that has io be
clone, to rcvitalize dieir property, and he aske_d about the rest of the property owners on the rest of the
cnrridor; he saicl therc arc no anchors or businesses committed to that U-city area, or at least he has not
heard of any; he suggested getting the plan together first instead of rezoning every•one and downgrading
everyone thus tyin~ up property owner's hands for years to come.
Gouncilmember °lavlor said there have been somc comments toni?ht regarding the availability of
insurance for properties that would be put into a nonconforrning statue, and he asked if it is possible to
~ receive some research from individuals in die insurance industry to eaplain how coverage works for
prdpert,ies in that situation. Mr. Ktilita said staff can look into that and contlct some insurance ageocies
and bankers, and appraisers to adclress non-eanforming issues.
Study Scssion Meet-ing Minutes: 08-19-08 Pagc 9 of 13
Approved by Councit:
DItAFT
20. Grant Rodkey. 11524 F. 19'h Avenue: he said he bas been to a couple meetings; and said he hopcs
cotmcil will listen to the taxpayers; said that referring to the meeting with the focus groups of tables of
people, he said he's not surc that will shqw a majority of the city's population; and he asked who selecteci
chose people on the tlbles, and were they held on a day whcn busi»esses people were unavailable; he said
rebardin}; the list of reasons «rhy this is a good idea, that Mr. Kuhta mentioncd confusion on thc one-way,
and if it is wrorth the additional tNvo and a half minutes; and he asked if Mr. Kuhta would be commutingo
on a claily basis, and said rivo and a half minutes on a daily basis adds up to a half-hour of wasted gas; he
said the issue of having a plan before asking people for money, he saicl he cloesn't think he has becn asked
for tax money; he saicl he thinks his propeety taxes have Ueen raisecl, fees have been raised, and he had no
say; so he said he ddesn'/ knoNy who is asking for the money; he said he hopes the decision will not be
rnade in favor in spite nf over-whelming tastimony against; he said 13roadway was tumed into a
c_ongestion zone from Pines to Sullivan in contrast to Broadway west of Pines, he asked when was the last
time you saw a traffic jam on eit}ier side of Pines; regarding moving traffic; he said based on the decision
made with Broadway, he askecJ if Couneil eares about moving traffic, and said hc doesn't cvcn use tlhat
roacl anymore as that road is horrible; aid said anyone cirivina on thae ean atcest tn the fnistration of
changing from a proven traflie mover to an experiment in city platining, and he said that the two main
supporters of thal pla.n were the fire department and the school, which were public entities and not the
taxpayers living along Hroacfway, and hc askcd if v1r. Kuhta would be travelling this stretch as well; and
he saicl he somctimes oets the feeling that taxpayers are a necessary incnnvenience; regarding safety and
confusion and one way street~s, he asked Council if they have ever tried crossing Sullivan Road going
north or sout}i in the center lane with the cnngestian crealed by reducing traffc la.nes, and said the current
siife trlvel nn Sprague will be changed to the opposite; regarding business access he said it is a fallacy that rivo-way traffic will increase business access; and lie questioned it' it is easier to crqss conpested
traffic like Sullivan or to pick the left or right: side of a one-way dcpencting on a business IoeaCion; and he ~ stated that he wqnders if ineetings «<ill be held until those who oppose this givre up and quit 4•oicing their
opinions. Me further statect that the best way to show t}iat Council listens and shows respect to the
ta.payers, is to put this tp a vote, either in whole or in p1rt.
Couneilmember Ta~or asked if clarification could be provideci on lhose fncus groups that took place, and
he asked Mr. l{uhta if it is truc that all of'tlaose forums occurred in the evening duririg the weekniahts, and
not during norrnsl business hours? Mr. Kuhta said the process was started with facus groups of lcey
stakeholders in the community that were invited to this builcling, which was held during the day during
the week; and had a series following that of four worl:shops that were open to the public and where held
in lhe evenings at the Decades Nleeting Place. Councilmember Taylor asked if the focus groups were all
open to the publie. Mr. Kuhta said they were not open to the public in the sense that we advertised for
those mcctings, but tliey were key stal:eholders lo starl the process, and lhe open public.process startecl
after that. Mayor Munson said there were several meetings, such as the meeting on transportation that
were completely opcn to the public. Mr. Kuhta said there were four workshops that were open to the
public, and every meeting after that has been open to tlie public.
21. I7an Gieter, 118 S Pincs: said he has rto question that everyone here is well-icltentioned; but as a
commcrcial property owner, he said it is disconcerting when you realize that your property may be
downzoned; that he said he heard there were a lot of tneetings held about this issue; but if a noticc had
gone out to the property or business owners mentioning a meeting that would consider down zoning
property, the attendance would have been great; he said he was not aware of any meetings held in this
building; bLrt telling properry or business owncrs thc}' are plaiining to downzone their property anc1 recluee
the properly value, thaf gets dhe owner's attention; and he feels the plan paints a broad brush on people's
property rights And takes away from what they can do with Cheir property; and he asked Council to
consider this plan careFully; anci said that he spent [hree or four hours reviewing the plan and said that
some of the things in that plan are ridiculous. Stucly Session Meeting A4inutes: 08-19-09 F'age 10 of 13
Approvcd bv Council:
DRAFT
~ 22. Chris Polito. 1313 S Mica Park Drive: exPlained that in looking at the plan's concePt, it is nice to see
interest in improving a city center, he is happy to see that the University area has been chosen as that
place is in eeonomic trouble; and the pictures mskes it look wondcrful and his family would aetually
consider living there; but his eoncern is with the roacis, and he asked Council to just leave the roads alone;
and as a person who travels the ares daily, the two and a half minutes saved cquals a 73% increase in his
travel time; he feels is it unrealistic to think by changing the roads, businesses will magically show up; the
reason is because there is no reason to go there; his parents live south of Spol:ane but will drive to Cpeur
d'Alene to go to Red 1.obster; and said it doesn't matter how far, if there is somewhere pcople want to go,
they will go; he mentioned the Cottage Cafe on the corridor, and said the place is generally packed; that
the place is appe3ling; hc said he is corncerned that it appears the City is trying to micro-manage a lot of
business Awners concerning zoning; creating a plan and zoning the property before an idea of how it's
going to happen, he feels the ta.~c dollars should be focused on creating the core, and if you have a corc,
you will have a reason for people to go there; ancl then businesscs will show up; he said he loves the one-
ways, and would love to see that eatended all the way to Liberty Lake; he mentioned the need for light
rail, and saicl if wc had a light rail with stops, t}iere would be reason for people to be therc and said he is a
strong suppoetee of rail; and he said rather than spend money on re-working roads that work, it should be
spent creating a dcstination for people to go to, like having a park in that area; or maybe renovate the old
Home Base to a convention centcr or a stadium; or add a movic t.heater; more things like popular f-amily
restaurants.
23. Barbara Rabbins. 11014 F 42°d Courk: she said this is a relativcly ncw issue to her, and she is thankfiil
she is not a property owner in that area, and is hopeful that if she had been she would have received a
certi.fed written notice or some official notice concerning this plaii; she said if thcse properties are
~ downsized that decreases the a.mouni of taa revenues which rolls over to increase ller property taa as
money has to come from somevvhere; she said we don't have big industries like othcr cities who have
been successful with these kinds of plans; she said she drove dowm Garland from Wall to Ash and she
amazcd; that there were businesses there about fifty years ago but no one goes there anymore; and she
asked if somethinc, like that will happen in the corridor, where people will avoid it by going north/south to
gec east/west.
24. Jim Scott. S. 2312 Bolivar: he said that in reference to the infamous fourtecn tablc meeting, he was at
that meeting as was Diana Wilhile, and he said the deek was stacked by the SVf3A in that they «<ere
strategically placed at tables to get the desired outcome; and said thAt 70% of the people at Chat meeling
were SVBA iziembers vid suggesteci checking the attenciance record to confirm th1t; he said that he heard
tonight that the city st<iff goes out of way to work with someone; and he said not in his experience; that
Mr. Hume went to Scntt Kuhla abouc our plan, tind his response was to tell the Scotts to get over it and
move on; and vir. Scott saicl that "that's the last t-hing l'm going to do Mr. Kuhta, l'll guarantee you that."
He further stated that as far iis the plitn is coneerned, how ztnyone can Inok at this plan and place a blanket
of nonconformiry over t}1c whole corridor while down zoning multiplc properties down the proposed
Appleway Boulevard which hasn't been built yet, from University easl, and probably won't be built for at
Icast ten or fifteen years; and to encumber all those properties, he said is ahnost a taking; and he said hE
hopes Cnuncil looks at a lot of the different neDaiive aspects of this plan ancl not jtut the pretiy pictures.
25. Milce Dalton, 5617 E Spraguc: said lie was goin- to say the samc thing that Mr. Seott mentioned; he
said he had plans about building out in that area snd started to build on Appleway; and said when this
started in 2006, he was ne<<er infornied abo►It the wnrkshop, and he is a small business owner on Sprague,
he saicl he spohe wilh people wMo attended t}lose workshops and he was told the samc thing as mcntioned
~ before: that the Spokane Valley Business Association was the predominant group of people there; and he
said diat Michael Preedman refers to the tables and the workshops and the public input, and Mr. Kuhta
did as well today; and he addecl that there are a lot of nice people here wha have been very helpful and he
Study Session Meeting blinutes: 0$-19-0$ Page I I of 13
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acl:nowledges that a lot or work was put into ttlis and he feels the Council has the public's best intention
in mind; but he said he feels those wrorkshops were not rcprescntative of'thc public, ancl that we got off on
the wrong fodt from the beginning, and he suggested checking that roster; he said he kept track tonight;
that what vlr. Freedman refers to the 13 out of ] 4 uibles at the workshops were in favor of these chanDes;
and Mr. Kuhta expressed that as well, but tonight, if it «<ere put to a vote, he said he comes up with
hventy-riwo opposed and t:hree for; and said he attended many meciings since lhose workshops, and
suggestcd Council look at the input from the public, which is on t.he website, that those numbers shnw
similar results. He said his main conccrn is the traffic but the traffic problem has becn fixed and he'd like
to sec it stay; aiid if tlie traffic changes he'll be afFeceeel negatively; and his business is on Appleway, but
if it chantes, Chere will be no reason for people to coine Appleway if they can come on Sprague and go
back nn Sprague.
26. Tony I..azanis, ] 0626 EEmpire: he said he spenl twenty years workin~ for better ~:hin~;s 1'or 1:he valley;
and spent lots nf time and mQney, and thousands of hours to get this city incorporated; and said he feels
downgrading is not good; that we incorporated to hclp people and not to hurt them; I.hat we spend a lot oC
money for planning, but he said he doesn't diink the money is there and shouldn't stick a few people to
pay for it; and said he llopes Council will forbet about it; as we have to help people and businesses to do
bette r.
27. Dan Harper 9020 Fast Sprapue: said there llsve Ueen a lot of great comments tonight; he said he grew
up in ttle valley; said thac U-city clied because it wasn't hooked to the free,%va}; and lllat it was a traffic
issue tihen (in the 60's) and will still be a traffic issue_; he said Spokane's downtown city center is not six
miles tong; and he said he cfoesn't know how we gqt to a plan that include.s six iniles; Mc said this is a
grandiose idea to make this utopia but we are going about it the wrona way; and he just knew abnut this
befnre the last meeting, about the zoning issue, and that we keep discovering people who are just finding out about the zoning change; he saicf he has had pruperty on east Sprague for thrce years ancl has never '
received anything and hatl no idea this had anything to do tvith zoning; aiid he thought it was about
building a city center and changing the road; and he said he doesn'C take the downgrading of his property
very lightly; and saicl he views the arbitraiy changing of the zoning of his propeiTy as stealing his kids'
inheritatice; he said if a member of the public has to petition to change thcir zoning, and put up n sign ancl
notify people in thc neighborhood to change the zoning, but City planning can just do it without any
feedback; and said changing all the zoning in thaf six-mile scction cloesn't make sense; he saic1 t.hat
Spra~Tue used to be ttiree lancs each way with a center turn lane; and now to chAnge back to nvo laries,
with one center lane doesn't seem co be movino forwarcl.
28. Garv Austin, 1.5906 r Sprague Avenue: he said he has been in the Spokane 1nd Sprague Avenue
business area for 38 years; said he moved further east as Faglc Hardwarc wanted their propertl; and saicl
he signeca a long terni lease on his properiy tn a Iarbe company, for Cwenty years, and part ef that lease
gives him a frst right of refusal; or they can offer to buy the property frnm him; and he feels if we go to
them now or propose they bu?r his property, he'd have to disclose what is going on now; he said he
learned two wceks ago that his property was de-zoned from the highest and best usage down to the neYt
lowcst; and he said if he wants to build he has to petition and put a sign on his property; that he went to
the City's pennit center for a procluct thal he sells, that he wanted to take a 1995 model manufactured
home and put it on it loC Chat he has in Spokane Vslley, and was told that it can only be new; so that if he
has a friend who will move an old house, and he can put that 1935 model site-built home on a piece of
properly he oNvns if he brings it up to code, which hc said he can do; he questioncd why hc can`t put in a
used 1995 manufactured home that meets tlac same codes just because it is not new.
29. Mark 1-Ienderson, 831 S Shelly Lake I anc: said he feels as elected officials, Council }las to be
listening careCull}' to thcsc c.ornments about people not receiving notice about something that would affect their property; and said he feels it would not be right to take aetion without their input; said he favors the
Snidy Session Meeting Minutes: 48-19-03 Pagc 12 of 13
Approvcd by Council:
D1ZAI+°I'
city center and feels it is a good idea to move in that area as it is blighted; but he is opposed to the
complete rezoning nf Sprague Avenue; he said he has attended several meetings and he hears people do
not want Spraaue put back the way it was; and hc ,aid he hopes Council wiJl move fonva.rd by doing
what the people want; he saicl this process has causecl them to stop growth in this are.a; he said they are
expanding in odler areas and not here and find it uncomfortable they don't know what wil) happen with
Sprague and Appleway anct with ttieir property; and won't invest more money here; and if the cvrong
decisions are made, he said they will leave Snokiine Valley completely.
Mayor Munsoii said it is now 9:00 p.m., and he askcd fnr a motion to extcnd the meeting for ten
meetings. It wa.c moved by Cniu7cilmember Gothmarzn, seconcled arrd unairintoarsly agreed to extencllhe
meeling for ten minutes. NTayor Munso» suogested Council accept wrilten comment until August 29. It
wus moved by Councilnrember 7crvlnr, seeonded, und unmrimotcsly agreed to acc•epl written cwnments on
this plcrn, aintil the entlaf the bcr.sines,r dav, at S: p0 p, m., August 29, 2008.
Mtryor Munson then gave the following cleliberation schcdule:
• August 26, 2008, begin Council deliberation to disc.uss and answer questions that have becn given
to t.hem by the public, on Book I, and he invitecl everyone to come to the meeting.
• September 9, 2008, CoLmcil will discuss Book II, wfiich deals with zoning; where they will
answer the questions that were asked, and he invited everyone to the meeting.
• September 23, 2008, Council will continue to discuss Book II, which includes the development
regulaiions which will include builcling lieight, public frontage, setbacks, pre-loeated strect maps
` and street types.
• September 30; 2008, Council will continue to discuss BoAk II, buildina mapping and
composition, and architectueal elements, and will look at sigttaae and city actians for Book III.
~ • October 14, 2008, Council mtjy have thcir frst reading of the ordinance at that meeting, at which
time the public will be given opportunity to comment.
• October 28, 2008, is scheduled as a nlaceholder to hold the final rcading of the ordinance ta aclopt
the plan, and will also allow opportunity for public comment.
Mayor Munson emphasized that no decisions have been rnade yet, and public cornments are vcry
important, and Council will consider the comments and cieliberate upon those considerations.
There being no fLirther busincss, vlayor Muiison adjourned the meeting at 9:05 p.m.
ATTHST: kichard Munson, i~4ayor
Christine Bainbridge, Citp Clerk
~J
Study Ses;sion iN4ecting Minutes: 08-19-08 Pt~ge 13 of 13
Approvcd by 4auneil:
CITY OF 5POKA~tiF VALLEI'
Rcqaeat tor Couacil Action
Mecting Date: August 26, 2008 Citv Msiaager Sig*-oR:
Item: Cbeck all that appty: ❑ consent ❑ old business Z ncw business ❑ public hcaring
❑ inforniation ❑ admin. report ❑ pending legislntion
AGENDA 1TEM TITLE: Second Reading for proposed Qrdinance 08-016 for right-of-way vncation STV-01-08 -
Rrquest to vae.ste appraximately 140 feet in kngth of the alleyway located approximntel}, 14-i north of tht intersection
"I'rent Avenue and Avalan Raad.
BACKGROITND: On May 12, 2008, Alan L. Schneider applied for a sveEt vacation_ The applic:ation requests the
vacation of approximately 140 feet in length of the allevway located approximauly, 145 fcct nnrth of the intersection of
7rcnt Avenue end Avalon Road. Currcntly. the unimproved alley disserts 4 parcels, all of ~chich are owned by the
appiicant. Ylease reference map below.
1.0305
A "
u V 1
1.0306 a
. ~ o ~
140.04 n ~
-
W
. ~ ~ R
~
~ r 6 1.0309 8 Q ~
1.03011.0308 ' ~ d
~
~
' r n '
4
Trent Avenue
The Planning Commission madc thc following tindings ns part of their recommcndation tn thr Ciri• Council:
I. The change of uso or vacniion of the sllcy will bettar serve the puhlic because it will allow for the full
development of thr property far beneficiat uses and permit approprinte lccels of maintenance.
The alley is no lunger rtquired for public use or public access.
3. The substitution of a new aad different public vvay would not be more useful to the public.
4. Given the present age and c4ndition of adjacetit development, it is unlikely that conditions will change in the
future to provide a grtater use or need than presently exists. This pnrtion of the alley dces not pravido access
to parceis at eithcr end.
5. No objertirnu have been received to the proposcd vacation from the notice of public henring andrar routing to
staffand agencies.
h. Abutting Properties: Applicanb prL,pcrt}
Nos. 45031.0306, 46031.0307, 46031.0308, & 45031.0 3+;
7. i'tilities:
a. Sewer: No sewer services located in alley per Spokane Cuunty litititiea ICuer daud May 9, 2008.
b. Water: No water utilities lacated in alley per Trentwood Imgation District (etter dated May 8, 2008.
c. "I'elephone/Fiber Optics: No communicatian utiJities located in alley per Qwest letter dated Mny 9,
2008.
d. Gas and Electricity: No utilities located in ulley per Avista lftilities lrtter dntcd May 9, 2008.
e. Cable Television: No comments received
All of Ihe utilit3, vrovider§ have bsen coptacted bv the ap.plicant and thcir coMpand-i.:
5pecific location of easements is a requircment of the record nf survey.
8. Stormwater drainuge fncilities: 'I'bere sre currently no drainage facilities locncrd i=,
9. Spokane Vallcy FireDistrictNo. 1: No objecrion ner Iettcr d:Ited M,iy R, 201 i,S.
10. ZoninglCamprehen-•i%;- Il;~n ~ t~;~ i~l_r '~t;•,ed >e
1 I. Land L]se: Vacant
1?. City's Publie Wurl.s iieecls assessrnent and traflic circulatiou: -I-tie (:it}'s 1'ublic Works Ucp:inment lind~, r~.:'
there may be an access issue off of Trent :'#venuc. 'T'hey «-il) of'f'cr f'urther cnmment at the Public ►learinv-
13. Condition of alley: Un-improve,
14. Assig.nmentofvacatedponiori<o}'ei_L'}ll-oI_`.`a%. P;lt'"Ua!;li„ti~:iilitn ~~.1•=11.f?-~11•;.l c~f lh: spok:i:li
~:li. ~.t~.~ti~;;t,... ( .~,1:_ ~C~'~1(i , .,~-~-.~~C~+ ,...:t:.? ,~,_,~li t;. ~:~~_1•..~i~:-r~~,__ ,~.,i~:.t~
UPTIOIN,
2. Dcny the proposed street vacati011 (Ir
3. Schedule a public hearing ehai will . L j. ~ . , _ . -
conspicuous places in the City.
RECOMNiEh'DATION: Movc to adapt Otdinance 08-0 T:1FF CO\T:tiCI
T"IA ( Fi'111;ti'TS:
Exhibit l: Planuing Cumrnission ftrwnwr,
Exhibit 2: Planning f~ivi;:nn Staf#' Rerort
Exhibit 3: Draft Orci . _ . ~
FL\'DING S AIVD RECOIVIvMNUATIONB OF"I']M SPOK..41VE VALI~EY PLANNIN~ ~O Lvi1'TI5SIO1V
_ ,Tuly10, 2008
The fol lowing findings have been prepared by 8 tafffor the Planning Cammission 'tn die even# there is concurrence
wi#h the recammendcd approval.
i
I Eackground:
1. A completed application for vaca#ion was filed an ivlay 12t 2008,
2. City Counc-il adopted Resolutian No, 0$-012 on 3 une 10, 2008 settirtg the da#e far a publi c hearing.
3, The Plann ing Commission held a public hearing on JuEy 10, 2008.
4, Following a hearing, the Planning Coni mission faund that the no#rce and hearing requimments ofthe
applicable Sgokane Va11c~y Municipal Code sec tion 2 2_140,020 have been met.
S. Nane of thi~ property owoers abu#tin~ the property to be vacatcd ~led a r~Titten objection #o the proposed
vacation with tlie City Cjerk; and
Findings:
14, The change af use or vacation of the alley vMl better serve the publye becsuse it will allow for the full
de}'elopmcut of #he properh' for bcueficia l uses a nd permkt appropriate levels of maiutcnancx.
15. The alley is no longe r reyture[l for public usc or public access.
(-N 15. Thc su bstitution of a new and difFere nt publie way vMOU1d uot be more useful to #he public.
~ 1.7_ Given the presont age and eondi#iou of adjaeent developmcut, iE is unlikely tlsat eonditions will ehange
ip the futurc to provid2 a greatcr use ar need khan Qresently oacists. Thi-9 portion of thc 'alley does not
provide access to parcets a# either eud.
18. No objections have beett received to #he peoposed vacation fram the ttotice of pUhlie hearing :Mdfor
rnuting to staff and agcucies.
19, Abutting Propertics: Applien nts propcrty abuts the right-of way to ba#h The north and sou#h (Assessor
ParcellVos. 4503J.0306, 46431.0347, 46031.0308. & 45431.0309)
20, Cltilities: .
a, Sewer; N o seveer servic~s locatefl in alley per Spok~ne, County lfEilities letter dated May 9. ZDOS.
b, Water`. A1o vvater utilities located in $lley per Trenhvood Irrigation Distric# leC#er dated IvTay 8, 200 8.
c. Telephonelk'iber Optics : A1o communicati on utilities located ir alI ey per Qwest jetter dated May 9,
2008_
d. Gas ao d U-lectri city: Na utili(ies ]ocated in a11ey pet Avista Uti ] ities letter dated May 9, 2 008_
e, Cable Telev1sion- 'a comments received
Al1 of the utilitY AroAders ha}'e heen eontacted bv the a poaicaut and thcir corresvondenee is attached.
The sneeific ]ncation of ea sements is a rcauirement of the record of sueveY.
21. Stormwater drainage tacilifies: 7`here are currently 3io drainage facilitic~s located in a11ey. -
22. Spol€ane Valley Ffre District 1Vo. 1: iNo obje*tion per letter dated May 8, 20OS.
23. Z,oningJCoroprehcusive Pla u: Corridor Mixed LTse
24, Laad IJse: Vacant
25. City's Public V4'orlcs needs assessment and traffic circulation: The City's Publie `Vorks D-cpartment finds
that there may be an access issue off of Trent Avenuc. They will offer fiirther comment ai the Public I-Iearing.
26. Condition of alley: Un-improvecl.
27. Assignment of vucated portions of right-of-way: Pursuant to Section 22.140.0404.C of the Spokane Valley
Municipal Code (SVsvIC) one-half of vacated alley shall go to eacb abutting property owmer.
Conclusions:
The criteria set for[h i.n Section 22.140.030 of the SViMC has been met based upon the findings set forth.
Recommendations:
The Spokane Valley Planning Co .m.mission therefore recommends approval to the City Cotmcil of the vacation of
appruximately 140 feet in length uf the alleyway located apprnximatety 145 feet narth of the intersection of
Trent tlvenue and Avalon Road.
This approval is subject to the following:
1. The completion of the street vacation STV-01-08 includinj all conditions below shall be submitted to the City
for review widlin ninety (90) clays following the effective date of approval by the City Council.
2. The vacaCed property shall be triinsferred, %z to each abutting property oNvner
3. Following the City Council's passage of the ordinance approving the proposal to vacate the street or alley, a
record of survey of the area to be vacated, prepared by a registerad sun~eyor in the State of Washington and
including an exact metes and boLinds legal description, and specifj,ing if applicable any ancl all easements for
construction, repair and maintenance oE ex.isting and future utilities and services, shall be submitted by the
proponent fo the Airector of Community Devcloprnent, or designee fnr review. 4. The surveyor shall locate at Icast ha~o monuments on the centcrline of the vacAted rig,ht-of-way with one
laaated at the intersection of the centerline of the vaeatccl right-of-way with each street or right-of way in
aacordance with the stHnclards established by the Spokune Coacnty Standards for Xoad and SeivEr
Cvnstrziction.
5. All direct and indircct costs of title transfer of the vacated alley from public to private ownership including
but not limited to title company charges, copying fees; and recordinD fees are to be borne by the proponent.
The City will not zissume any financial responsibilih, for any dire-ct or indirect costs for the transfer of litle. 6. The zoning district desigmation of the properties adjoi.nin~ eact~ side of the street or alley to be vacated shall
be automatically extended to the center of such vaaation; and all uea included in the vaaaiion shall then and
henceforth be subject to all regulations of the extended districts. The adopting ordinance sltall specify this
zoning district extension inclusive ofthe applicable -r.oning district designations.
7. The record of survey Find certified copy of the ordinance vacatin~ a street or alle}, vr part thereof shall be
recorded by the city clerk in the office of the Spokane Count}= Auditor.
8. All conditions of Cihr Council authorizntion shall be fully satisficd prior to any traiisfer of title by the City.
Approved this 10th day of July, 2008
Ian Robertson, Chauman
ATTEST -
Deanna Griffith, Administrative Assistant
~
~~a
~
STAFF REPOR7PROPOSED VACATIOIY OF J 40 feet in length of the alleyway loca#ed approxiroately 145 teet
north of the tntersectiou of Trent Avenue aud Avalon ltoad
Prepared by: C hr'istina J. Jansseu-A55is#aut Planner
I1ate: dpne 30, 2008
EACKGROUND: On May 12, 2008, Alan L. Schneider applied for a stree# vacstion. The sepplieation reyuests the
vaeation of apgroximately 140 feet itt length of t5e al1eyway loeated approaimately 145 feet north ofthe
in#erseefioo af Trent Avenue and Avalon Road. Currcutly, the unimproved alley dissec#s 4 psrcels, all of vvhich
are owned by the appGcaat.
Findinpq:
28, Th e vaca#ion of the alLcy wili better ~erve the public becau5e it RilE allow foe the fu11 develnpment of the
propcrty for benefieial uses a nd permit appropria#e leveis of msiuteuanee.
29_ The sllcy is no lonber reguired for public use or public access .
30. 7'he substitutioii of a new attd different public wtty would not bc more usefu! to #he public.
31, Given the present age and condition of adjaccut development, it is unlikely thut condifions wr11 change
in the futurc to provide agreater use or iyeed than presently exssts. This portion of the allcy does not
provide access to pareeys a# ei#heT end.
~ 32. IVo objee#ions hove been received to the proposed vacatioo trom the notice of public hearing andfor
~ routing to s#aff and ageitcies.
33. Abutting Properties: Applieants propertr abuts the rigb t-of-way #a both the narth aud south (AsSessor
Parcel Nns. 45031.0306, 45431.0307, 45031.0308, & 45031.0309)
34. Utilities:
a. Se%ve-r- No sewer scrvices located in alley per Spakfuie Count}' Util ities ]ei#er dated May 9, 2008.
b. Water; Na waterutilities lacated in alley per Trentwood Irrigation District let#er dated May 8; 2008,
c, TeleghonefFiber Optics: ATO cornmunication utilities located in a11ey p er Qwest lettcr dated i4fay 9,
2008.
d, G as and Elect,ric-ity' No utilities locatcd ln a11ey per Avista GCilitics 1ette r da#ed May 9, 2008.
e. CableTelevisian; No oomments received
A!1 of the ufili roviders haye heen rontacted by the aplilicsnt and fheir eorre.q nndenec is uttaehed.
The snecffic loeEktinn of casemen6~ iq a re uire.ment of the record of survev.
35_ Storrnwater d rai na;e facilities: There are currently no drain$ge facili#ies located in alley.
36, Spakane Vallev Fire Distriet 1Vo.1: No objec#ion per letter dated I.V1ay 8, 2008.
37, ZouinglComprehensive Plan: Carridor Mixed Use
38. Land Use: Vacant
39. C itv's Puhlxc Worlcs oeeds asse.gsmen# n nd traffic circulation: T31c City's Publir- Works Department finds
that there may be an access issue- off of Trent Ave~r1ue-. They will off-er further cornnient at the Public Xeating,
i ~
~ _ y 41 Condition of a1ley: Un-improved,
41. Assignment of vacated portions of ri.ght-of way: Pursuant to Section 22.140.0404.C of the Spokane Valley :
Municipal Code (SVMC) one-half of vacated alley shall go to eac}i abutting property nwner. Conclusions:
The criteria set forth in Scetion 22.140.030 of the SVMC has bccn met based upon the findings set forlh.
~
~ CITY OF SYOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.O8-016
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON,
PROVIDING FOR THE VACATION OF APPROXIMATELY 140 FEET IN LENGTH OF THE
ALLEYWAY LOCATED APPROXIMATELY 145 FEET NORTH OF THE INTERSECTION OF
TRENT AVENUE AND AVALON ROAD, AND PROVIDING FOR OTHER MATTERS PROPERLY
RELATING THERETO.
WHEREAS, the City Council by Resolution #08-012 INITIATED VACATION PROCEEDINGS FOR
PORTION OF ALLEYWAY APPROXIMATELY 140 FEET IN LENGTH AND LOCATED APPROXIMATELY
145 FEET NORTH OF THE INTERSECTION OF TRENT AVENUE AND AVALON ROAD (SN-01-08) BY
PROVIDING THAT A PUBLIC HEARING ON THE PROPOSAL WOULD BE HELD BEFORE THE
PLANNING COMMISSION ON THE 10T" DAY OF JULY, 2008; AND
WHEREAS, a completed application for vacation was filed on May 12, 2008 and
WHEREAS, the Planning Commission held a public hearing on July 10, 2008 and
WHEREAS, following a hearing, the Planning Commission found that the notice and hearing
requirements of the applicable Spokane Valley Municipal Code section 22.140.020 have been met; and
WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as
part of the public record supporting the vacation; and
WHEREAS, none of the property owners abutting the property to be vacated fled a written objection to
Qe proposed vacation with the City Clerk; and
WHEREAS, through adopted City Code provisions, the City shall provide that the vacated property be
transferred, one half to each abutting property owner, in this case the same party; that the zoning district
designation of the properties adjoining each side of the street shall attach to the vacated property; that a record
of sunrey shall be submitted to the Director of Commun'rty Development; and that all direct and indirect costs of
title transfer to the vacated street be paid by the proponent or recipient of the transferred property; and
WHEREAS, the City Council desires to vacate the above streets pursuant to Spokane Valley Municipal
Code former Sections 10.05.220 -.380.
NOV1J, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do
ordain as follows:
Section 1. Findincts of Fact. The City Council makes the following findings of fact:
1. The vacation of the alley rvill hetter serve the puhlic because it will allow for the full development uf
the property f'or beneficial uses and permit apprapriatc levels of maintenance.
2. The alley is no longcr required for public use or public acces5 .
3. The substitution of a new And diffe_rent 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 -,All
chAnge in the future to provide u greater use or need tban presently eacists. This portion of the alley
does not pro-tnde access to parcels at either end.
S.No objections have been received to the proposed vacarion from the notice ot public hearing and/or
routing to staff ancl Agencies.
6. Pursuant to Resolution 07-009, Section 1: Policy
1. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal fifty per cent (50%) of the appraised value of the vacated ~property received.
a. The appraised value shall be the same as the value of an equivalent portion of
property adjacent to the proposed vacation as established by the Spokane County
Assessor at the time the matter is considered by the City Council.
b. If the value of adjacent properties differs, then the average of the adjacent
property values per square faot will be used.
Based on the average assessed value of the adjacent properties, $2,654.40 is 50% of the
assessed value.
Section 2. Propertv to be Vacated. Based upon the above findings and in accordance with this
Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by reference,
and defined as follows:
That portion of the alley located west of Avalon Road, south of RockwelJ Avenue and north of
Tient Avenue from its eastern terminus at Avalon Road approximafely 140 feet west as depicted
in Appendix A attached hereto; located in the SW'/< of the NE'/. of Seciion 3, Township 25
North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Section 3. Division of Propertv to be Vacated. Pursuant to RCW 35.79.040 and former SVMC
10.05.320, factual circumstances dictate a different division and distribution of the street or alley to be vacated,
one half to each abutting property owner, in this case the same party, thus the property to be vacated shall be
divided as recorded in the record of survey which shall be created and recorded with the County as required -
under former SVMC 10.05.350.
Section 4. Zoninq. The Zoning designation for the vacated property shall be the designation
attached to the adjoining properties as set forth within the respective property or lot lines. The Director of
Community Development is authorized to make this notation on the official Zoning Map of the City.
Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the
transfer of title by the City. .
9. The completion of the street vacation STV-01-08 including all conditions belouv shall be submitted to
the City for review within ninety (90) days following the effective date of approval by the City
Council.
10. Thc vacated property sh<<ll be tiransf.erred, 1/2 to each abutt:ing propert}° owner
11. Following the City CoLmcil's passage of the ordinance approving the proposal to vacate the street or alley, a
record of stuvey of the area to be vacated; prepared by a registered surveyror in the State of Washington and
including an exact metes and bounds legal description; and specifying if applicable any and all easements for
construction, repair a.nd maintenance of existing and future utilities and services, shall bc submitted by the
proponent to the Director of CornmunitN, Development, or designee for review.
12. The surve}ror shall locate at least hvo monuments on the centerline of the vacated right-of-way with one
located at the intersection of the centerline of the vacated riglit-of-watir with each street or right-of-way in
accordance with the standards established by the Spokane Coaenty Stundards for Rnad and Se►ver
Constritction.
13. All direct and indirect costs of title cransfer of the vacated alley from public to private ow-nership including
but not limited to title company charges; copying fees, and recordina fecs arc to be borne by the pmponent. '
The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. %
14. The zoning district dcsignntion ofthc properties adjoining each side of the street or alley to be vacatcd shall
bc automaticallv eactended to the crnter of such vacation, and all arna included in the vucation shall theo and
heneeforth be subject to all regulations of the exteaded distriets. Tbe adopting ordinancr shall spocify this
ioning district extension inclusive of the applicable znning district designations.
15. The record of survcy and ccrtified copy of the ordinance vacating a street or alley or part thereof shall be
rcaordcd by thc city clerk 'rn thc office of thc Spokano Counry Auditof.
16. All coaditions of City Council authorization shall be fully satisfied priar to any transfer af title b}• the City.
9. Payment in the amount of $2,654.40.
8ection 6. Closina. Following satisfaction of the above conditions, the City Clerk shall recorcl a
certified copy af this Ordinance in the office of the County Auditor, and the City Manager is authorized to
execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the
property identified herein.
c o Severabilitv. If any section, sentence, ciause or phrase of this Ordinance shall be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 8. Effective Date. This Ordinance shall be in full force and effect ftve (5) days after
publication of this Ordinance or a summary thereof in the official newspaper af the City of Spokane Valley as
provided by law.
PASSED by the City Council this day of MoMh, Year. (Insert moMh b yesr ot 2n°
redfng)
ATTEST:
Mayor, name of cumen! Mayor
City Clerk, name of City Clerk
Approved /4s To Form:
Office of the City Attomey
Date of Publication:
Effedive Date:
CITti' UF SPOKLhT. VALLf,Y
SPOK411E CUUNTY, WASHPN(;TON
RF.SOLUTION ti0. 07-001)
RESQLu'TIONADOP1'aVG POLICIES FOR LNtPuSi*N( ; 'll Il
CHARGFS PIIItSUANT TO RCW 36.79.03U
NVIIEREAS, the City o} ti1-N:anr ~l ohe auchi+ritv to vacate ronciwa% , . .
to RCW 36.79.030; sni-i
NN[1riHF.AO, UIC C{t: lA 1pcl,'_:i~C 61.f:i1llC :11:ill•;l:li-ti Ii- i:fi;li.~l' t~= 111~ ..SI,.II!7~ !i: ,lCi .:rl_II!'I ~I1.1(
does not exceed SQ °10 of the fiill appraised valuo or for the full uppraised vuluc of the area vgcntcd wher~:
the strimt or alley had been psrt of adrdicatrd ritht of w::N ffir uver t-ll five vears or if the pnopert,,
%,,as acquired at public expense; anci
wHE.REAS, the CIt}' Of Sp0{C$[li' ~St,l~ I LI l .1 j'~~h~~ lil~l 1 i; 1`
amount to be charged the benefited property owners of any such vacation.
NOW 1'HFREFORE, BF iT RFSnT VED 7'HAT T7iE CITI' f1F SI'(►i: %til-. VA L 1 .11ll 1s
THE FOLLOWING I'0I1C1 :
SFCTION 1. Polic, .
I-' -
l. •I11C•ll.•l
owncr yll;t11 :.Jt1.3I !lil% (''Ll' I'^IIf, p~'T~f[.,
CCCCIV'Cd
~
a. ilie 1911E>14 ~l >iiall be tik: tisiii:: Il,c ti.:iue (.IE :111 cyui~a rn~ E• ,rt;;;
property adjacent to tlic proposed vacation as established by t}i,:
Assessor ai the timc the maltrr is considercd by the City Counc . I
b. if the valuc of adjacent propertics differs, then the averaL:_'
property values pcr square foot will be used.
\'otwithstanding the provisions of paragraph (1), the epplicant sh,,Ii
dcscribed fee only to the extent thai it eaceeds the cost chnrged by the l itr ot Spll
Valley to iuitiute the vacatinn C\CI4Irive o( nm.- sun-ev+mt nT c'F1CIf1Ci'Tlfto cc_-.
that may be incurred by the
3. fhis chargc shall bc paid sut ~with tttic 5pokane Couniy Audic
•t. 1'ha City Council shAll reserve th-: ri;lii 10 l ILSc 1Cvii; lilla J)t?hI~` uj7011 1!]C L1li .
'Written findings of fnct thAt demonstrate that the public interest shall be best scrved by
altcrnatc approach.
SE('TI4N 2. 'Mis Resolution 5ha11 be in full force and ef'Fzctive immediatcl}, upon adoption.
kcsolution 07-009 Strect Vacation Cliarges Page 1 of 2
Aaoncea cnis to'~ day orJuiy, 2007.
. !
Diana Wilhite; vtayor
ATTEST:
Christine Bainbridge, Ci Clerk
' Approved asto Form: 1
~
OCfce the City ttnrney
`
Resolution 07-009 Street Vacation Charges Pagc 2 of 2
CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: August 26, 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: First Reading.Ordinance 08-017: Amendment to Municipal Code to permit
certain accessory structures to exceed the height limits in the Commercial, Office, Mixed Use and
Industrial Zones.
GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220.
PREVIOUS COUNCIL ACTION TAKEN: This information was presented as an administrative report
at the August 12, 2008 Council meeting.
BACKGROUND: : On May 5, 2008, Mr. Schultz, on behalf of Wolff Enterprises, LLC, applied for a
code amendment to allow certain accessory structures to exceed the height limits in the City's
Commercial, Office, Mixed Use and Industrial zones. A similar provision is already in place in the
City's Residential areas.
ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that
amendments of the Spokane Valley Municipal Code must meet. Those c(iteria include:
1. The proposed amendment(s) are consistent with the applicable provisions of the
Comprehensive Plan.
2. The proposed amendment(s) bear a substantial relation to the public health, safety,
welfare and protection of the environment.
Staff Comment: In its Land Use Goals, the Comprehensive Plan calls for a wide array of industries,
as well as a variety of housing, retail, and other services. The Economic Goals include provisions that
allow for a flexible regulatory environment. The majority of the items proposed herein are directly
related to commercial or industnal development. Thriving industrial areas are an important
component of the city's economy. The types of businesses that would utilize this exception are also
the type of businesses that provide living wage jobs. In many cases, heights vrhich exceed the
current minimum ara required for the proper function of such industries. In other circumstances, items
that exceed the height limits are traditional architectural items such as church steeples or flagpoles.
Items such as parapet walls provide buffering for rooftop mounted equipment. Allowing exceptions to
the height requirement provides a certain measure of flexibility for developers, while still meeting the
intent of the plan overall.
On July 24, 2008, a study session was held before the Planning Commission where they
recommended approval of this amendment.
OPTIONS: Proceed as proposed, or as modified; or direct staff further.
RECOMMENDED ACTION OR MOTION: Suspend the rules and approve Ordinance 08-017.
BUDGETlFINANCIAL IMPACTS: None.
~
STAFF CONTACT: Christina Janssen - Assistant Planner
ATTACHMENTS: Draft Ordinance 08-017
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 08-017
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 19.60.010, 19.70.010, and 19.70.020 ADDING PROVISIONS FOR
CERTAIN ACCESSORY STRUCTURES TO EXCEED THE HEIGHT LIMIT IN THE
COMMERCIAL, MIXED USE, OFFICE AND IPIDUSTRIAL ZONES AS FOLLOWS:
WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC)
pursuant to Ordinance 07-015, on the 24th day of September, 2007; and
WHEREAS, the UDC became effective on 28th day of October, 2007; and
WHEREAS, the Spokane Valley Planning Commission held a public hearing on these issues on
July 24th, 2008 and determined that adding a provision to the UDC allowing certain accessory
structures to exceed the height limit in the Commercial, Office, Mixed Use and Industrial zones
met the criteria for approving an amendment including being consistent with the Spokane Valley
Comprehensive Plan and that it bears a substantial relation to the public health, safety and
welfare and protection of the environment
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH
, . BELOW:
Section One: SVMC Chapter 19 shall be amended as follows:
19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS-COMMERICAL,
OFFICE AND MIXED USE ZONES
19.60.010 General Requirements
A. Nonresidential development shall meet the minimum setback and the maa:imunl height
reqturements showm in Table 19.60-1.
B. Parking areas shall be paved and landscape in accordance,"rith ChapCer 22.50 SVMC.
C. New development exceedinb three stories in height shall be provided vvith paved service
lanes not less than 16 feet in width.
D. All new development shall provide for shared acc•ess xvnth adjacent properties.
E. The follovviiig structures mav be erected abave the heip-ht limits of this Code in the
Qffice. Commercial and Mixed Use zones.,provided: (A) The structure is accessory to or
pari of a building which is a perUUtted use in ihe zone: (B) The structure complies with
thc heiahllimits in the Airport Qverlav zone- and (C) No residential use af the structure
shall occur above the heiEht limits yrescribed in the zone.
1. Penthouses or roof structures for the housiniz of elevators. stairtivays.
, fan5 oc similar ec~uipment to operate and maintain a
tanl:s ventilating
buildin .
2. Fire or narapet walls. skyliehts. flagpoles, ch.imneys. churcli steeales,
belfries. -wireless masts, and sinular strucriucs.
~3. Structures such as silos, feed mills, batch plats, a.nd fixed crwies which are sued in a manuraciurinp- process ~vhich utilizes vertical proeessing
and storasze of materials.
Ordinance 08-017 Exception to the heigght requirement Page 1 of 3
.
I 4. Water stand yipes and tanks.
19,70 DISTRICT PURPOSE AND SUPPLEMIENTAL USE REGULATIONS-INDUSTRIAL
ZONES
19.70.010 I-1, Light Industria]
A. The Light Industrial designation is a planned industrial area writh special emphasis and
attention given to aesthetics, landscaping and internal and community compatibility.
Typical uses Nvould include technology and other low-impact industries. Light indtistrial
areas may also include office and commercial uses as anciUary uses writhin an overall
plan for uidustrial developmcnt.
B. SuPplemental Regtilations.
1. The outdoor storage provisions contained 'ui SVMC 19.60.060(B) shall
apply to the I-1 district.
2. Mobile food vendors shall be located onJA~ithui designated xreas which
do not interfere Nvith parking or intemal circulation with permission af
the property owmer, health certificate and permit.
3. Setbacks
a. Front and flanking street yard setbacks shall be 20 fect; and
b. Side and rear yard setbacks of 35 feet arc required only adjacent to
residential zoning discricts. (Ord. 07-01 5 4, 2007)
4. T'he EUllovNing structures mav he crccted abpve the heiuht limits af tliis
Code in the Office. Commercial, and Mixed Use zones, provided: A) The -
struciure is accessory to or part of a builciing which is a.permitted use in the • zone_ B) The structure complies -with the. heiEht limits in the Airport Overlav zone; and (C) NU residential use of the structure shall occur above
the height limits arescribed in the zone.
a. Pentliouses or roof structures for the housiniz of elevators, stainvaYS.
tanks. ventilating fans, car similar equipment to operaie and maintain a
bU1lC1121E.
b. Fire or parapet walls, sk ylights. flagpoles, chimncv . church steeples~
belfries. -Mrele• s masts, and similar structures,
c. Struchires such as silos, fe.ecl mills, batch plats. and fixed cranes whicli
are sued in a manufacturing process whieh utilizes vertieal processin g inci
storaQe of materials,
d. Water siand pipes and tanks.
19.70.020 I-2, Hea-vy Industrial llistrict
A. Heavy industrial designatetl property is characterized by intense industrial activities
which include manufacturiniLz, processing, fabrication, assembly, freight handling and
similar operations. I-Ieavy industry may have sia ificant noise, odor or aesthetic impacts.
C. Supplemcntal Regulations.
1. I-2 allows any use permitted in the I-1 zoning district, except as
specifically provided in Appendix 19-A. ;
Ordinance 08-017 EacepCion to the hei~ht requirement Page 2 oE3
~ 2, Mobile food vendors shall be locatcd on/withiu designated areas -~vtuch
do not interfere NiTith parking or internal circulation '.vith pcrmission of
the property oNvner, health certifiaate and permit.
2. '1"hE follovN7ng structures may be erected above the heiizht limits of this
Code in the Office. Commercial, and Miaed Use zone.s, providcd: (A) The
structure is accessory to or part of a buildinQ which is a permitted use in the
zone(}3) The struchire camplies with the height limits in the Airpori
Qverlav zone; and C) No residential use of the s[rueture shall occur above
the height limits prescribed in the zone.
a. Penthouses or roof structures fvr the housinQ of elevators, stairways.
tanks ventilatine fans. or similar equipment to operate and mauitaui a
building.
bFire or parapet walls skylip-hts flagpoles chimneys. church steeples.
belfries, wireless masts. and similar structures_
c Structures such as silos. feed mills baich plats, and fixed cranes which
xre sued in a manufacturing nrocess which utilizes vertical processing, and
,e of materials.
storap
d. Water stand 12ipes and tanks.
Section Two: Severability. If any section, sentence, clause or phrases of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
clause or phrase of this Ordinance.
Section Three: Effective Date. This ordinance shall be in full force and effect five (5) days
after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of
the City as provided by law.
Passed by the City Council this day of August, 2008.
Mayor, Richard Munson
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
; - - , Date of Publication:
Effective Date:
Ordinance 08-017 Exception to the height requirement 1'age 3 of 3
' ~CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent (]X old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: MOTION CONSIDERATION: Spraguel6owdish Concrete
Intersection Project (#0092) - Bid Award
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: June 26, 2007, Adoption of the 2008-2013 TIP;
February 6, 2007, Informational Memo regarding SRTC 2007 Call for Projects - FTA Section
5307 Funding; February 20, 2007, Study Session discussion of list of project applications for
SRTC's 2007 Call for Projects - FTA Section 5307 Funding; February 27, 2007, Council
approval of project applications for FTA Section 5307 Funding and authorization for Mayor to
sign each application; April 29, 2008, Discussion of this STA agreement at Study Session; May
13, 2008 executed STA Cooperative Funding Interlocal Agreement
~ .
BACKGROUND: The Sprague/Bowdish PCCP Intersection project was advertised for bids on
Friday, August 8, 2008. The scheduled bid opening date is Friday, August 22. After opening
bids and tabulating the results, staff will present the results at the Tuesday, August 26 Council
meeting to award the contract to the lowest responsible bidder.
OPTIONS: 1) Award the Sprague/Bowdish PCCP Intersection Project bid to the lowest
responsible bidder, or 2) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to award the Sprague/Bowdish PCCP
Intersection Project bid to the lowest responsible bidder, in the
amount of $
BUDGET/FINANCIAL IMPACTS: The total project budget is $1,081,405 of which $709,100 is
available for reimbursement by STA. The scope of this project has also been increased to
include relocation of the existing Gillis Rd /Sprague Ave signal system to the Bowdish Rd /
Sprague Avenue intersection. The 2008 Budget included this project in Fund 307, Capital
Grants Fund.
STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer
Neil Kersten, Public Works Director
'i
ATTACHMENTS:
CITY OF SPOKANE VALLEY
- Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ] new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: MOTION CONSIDERATION: Broadway Rehabilitation Project
Phase 1- I-90 EB Ramps to Park Rd (#0068), Bid Award
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Informational Memo on draft Amended 2008 TIP in
Council's March 25, packet; Public Hearing on proposed Amended 2008 TIP on April 22, 2008;
Adoption of Amended 2008 TIP on May 13, 2008 which included the Broadway Rehabilitation
Project; informational memo in August 6, 2008 Council Packets; Admin Report at the August 12,
2008 Council meeting.
BACKGROUND: The Broadway Rehabilitation Project - Phase 1 was advertised for Bids on
Friday, August 1. The scheduled bid opening date is Friday, August 22. After opening bids and
tabulating fhe results, staff will present results at the Tuesday, August 26 Council meeting to
award the contract to the lowest responsible bidder.
OPTIONS: 1) Award the Broadway Rehabilitation Project - Phase 1 bid to the lowest
responsible bidder or 2) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to award the Broadway Rehabilitation Project
- Phase 1 to the lowest responsible bidder in the amount of
BUDGET/FINANCIAL IMPACTS: The total project budget is $410,000. This contract will also
include the upgrade of a water line to be paid for by Spokane County Water District #3.
Approximately $355,000 in federal funds is available for this project, leaving approximately
$55,000 to be paid for with Capital Grant Funds (Fund 307). There are sufficient funds within
the 2008 budget to cover the cost of this work. STAFF CONTACT: Steve M. Woriey, Senior Capital Projects Engineer
Neil Kersten, Public Works Director
ATTACHMENTS: Bid tabulations will be provided after the bid opening.
i
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-flff:
Item: Check ail that apply: ❑ consent ❑ old business Z new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: WSDOT Agreements: Urban Ramps Paving 8 Mainline PCCP
Rebab Project (#0099)
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: July 8, 2008, lnformational iNemo; August 12, 2008
Admin Report fram staff. BACKGROUND: The Washington State Department of Transportation (WSDOT) approached
the City earlier this year regarding a project they have planned for construction next year. The
project involves repaving the I-90 on- and off-ramps.
During review of their project limits, WSDOT staff noticed additional rutted pavement beyond
their right-of-way and within Spokane Valley right-of-way. Thus they asked if we wantetl to
participate with them on their project and extend the paving limits to include these areas within
our rights-of-way.
There are three areas associated with the WSDOT project as described below and shown on
the attached maps:
• 4th Ave. between Havana & the EB Custer St. on ramp
• Broadway Ave. on the south side of I-90
• Argonne & Mullan, north & south of I-90
Public VWorks staff recommends including these three areas with WSDOT's urban ramp project
and thus included this additional work in our recently adopted TIP as the WSDOT Urban Ramp
Projecfs - Broadway, Argonne, Freya UC.
In order to have our areas included with WSDOT's project, two Local Agency Participating
Agreements are required. These Agreements outline the conditions of reimbursement from the
City to WSDOT for our portion of the project. The first agreement is for reimbursement of
Preliminary Engineering costs and the second is for reimbursement of Construction costs.
OPTIONS: 1) Approve execution of both Local Agency Participating Agreements related to the
WSDOT Urban Ramp Project, or 2) Provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve the execution of both Loca)
`-J Agency Participating Agreements related to the WSDOT Urban Ramp Project
BUDGET/FINANCIAL IMPACTS: This project has been programmed into the 2009
Transportation Improvement Program and the 2009 Budget. However, per the VJSDOT ,
agreements advanced payment of S3,600 and $45,000 are required to be paid for the ,
Preliminary Engineering phase and the Construction Phase respectively. There are sufficient
contingency funds in the 2008 Capital Grants Fund to cover these costs.
STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer
Neil Kersten, Public Works Director
ATTACHMENTS: WSDOT agreements
~
lMashington Statc Easlern Raglon
vAop Df?[?a1'Qnlef1$ of VYaI9SQ7ArQcltlaP1 2714 P3. Ma/fairSlreol
'1Paula J. Hammond, P.E. Spakane, WA 99207-2050
Secretary of Transporialian 509-324•6000 .
F3x 509-324•6005
• TTY: i•800-833-6388
Jutle 9, 2008 tnnrr.~~rsdot.~ra.grn~ .
Steve Worlcy
Public Works, Senior Engineer
City of Spokane Valley ~ ] 1707 E. Sprague Ave., Suite 106
Spokane, WA 99206 gy
RE: SR 90 Urbau Rantps & Mainline PCCP
Reimhursenlent for Consh•u0ion Bid Iteiiis '
for Paving Safety
Agi•eement No. C:CA ;5815
Dear Steve:
.
~'lease fnd enclosed two originals of Agreement No. GC~~ 5815. Please sign both co~~ies
and fetwn them to tha.ER Utilities Office. Do not f ll in the date on the firsf page of the
agrcement. This will be filled in with the date fhat the agreement is executecl by the
Eflsteril Region AclministeY•.'We will retLirn one of the original Opies back to yoii
following execLition o('the,agreennent. Please call Daa•a•yl Ratcliff.at (509) 324-6122 if you have-any questions,
Si Ce ely, f
♦ ~
~
17aiTry1 ~tcliff
. Eastern Region Agreerrients Engineer
DR.R: dir. .
Enclosures cc: D. McK;ernan
fle
~
,
Washingtan State
WAi Department of Transportation .
OrflanizaUuri. and Pddres5
Local Ageney Ci#yufSpokxneValley-Streetl7eparhnent
Par#icipating 11707 E. s~i-agile nve.
Agreement SpQkaneValley, WA 99205
Work by State - Actual Gost
Secticn / Lncallon •
ftreement Number Urban RimpS Mainlinc PCCP Ro3iabilitxtioai Viaduct to Spraguc
GCA SSlS .
Sfale Rcy:e Numtiet Cenx.rad &ection Number QesoripUonJoF Wark ~
QU 320101 Pa~,enient rehabilitatiqri'by grindiiig and irilaying with HMA,
Resi°" ruplacing trafEie- detection loops, pavement niarkings.lnd
Eastern Fte~ion guardrail/barrier upgrades at the locat+ons,shown cin the attRChed
AdvancePaymenlAmaunl Vtcinity Map,
45,000
THIS AGREEP.9ENT, rnade and enEerecl into lhis clay Qf . , beirreen the STATE OF
bVASHIiVGTON, Departmont nf Transpa»attQn, acling by and fhrough the Secretary'oi TranspoRpt(an, (herelna(ter the "STATE") and thie
sbqyw namecl orgarylzaiion, (hetelnafter the "LOGAt AGENCY").
WNEREAS, the STATE is planning the construclian or. improvement of a section of the state route as sho~.vn above, and in eonnecUarl .
therp-.vith, fhe LOCf.~U. AGENCY has requesled Uiat the STATE periomi ceriain werk as herein dascribesi,.and/ar is responsible for a
portion ef the work as provlded for iincler 1^!AC 468-18-040(5)(d),-$nd
WHEREAS, it is deemed to,be. in the best interest for the STATE to inilUdQ the necessary' ilems of v~ork In the STA'I'E's construClEon
coniract (irnposed fot the Imiltovcsment o( this secllon of StQle H?ghv,.ay; and bVHEREAS,1he LOCAL AGENCY is obligatad {ar Utie cosl of arork descrived hereln.
NOW THEREFORE, by vtrtus of RCVJ 47.26.140 and in considerfltion of ihe temis, candiUoris, covenants, ant3 n2riormances cantainetf
herein, or aRlachad arxl Incorporaied and mado a p: rt hereof, I7 IS P.4UTUAlI.Y AGREEO AS FOLLAWS:
. I The LOCRL AGENGY og'rees, upon satisfaciory camaa=lion oi Ihe
GENERAL wrork•invotvecl, lo delivsr a lo4ter of accept<nr.e to the STATE
which shall inclvde a releasa arvd vralvAr oi aU future clairris or
The STATE, as agent acling for and on behal( nd the LOCA!
"demanc45
AGENCY, agreeslo perEorm U1e above "doscriplfon of Work', of any natUre ~esult[ng from the ~erformar~ce of the
. work under thfs AGREEMEN7.
f'lans, specificaUoris and caat Qstlmales shall be prepare~d by the If a letlsr of acceplante is nol r+sc~ived by tlte 5TA1'E wfthin
STATE In accorciarico vrilh the curtent Siato of N~ashinqton 30 days follrn~iin6 compleUon of the work, the viork 40 be
Standard Specafircalions for Road, erittge, end CAunicipsl considered accolFd by the LOGAt AGEh'CY and shall
Construciion, snd ameridmeMs thereto, and adopted design relaase the 5TATE from all futurQ ala[ms atuf dem3nds of ahy
slandaMs, unl~ss otherwfse noted. Tho STATE t•rill incorporale neture rasultiny froin the po,formanw of the wrork undor this
the plans and speatlulians into the STA7E's proJect end XGREEMENT. •
thereafter.adveriise lhe resuEling project for bfd and, assurning
btds are received and a contract is awarded, administer tho Tho.LOCAI AGENCY may v(itfthold this acceptance of work'by
contract; subniitting Nvritlen notification to (he STA7E wlthln ihe 00-day
perlod. This noUP"tcation shall include tho reasons for lovitht►olding
Titc LOCA.L AGENCY hereir/ approves the plans artd fhe, ecc£ptance.
spacit+catioiis fer the describetl work as shown on Exhlhit "B",
Httachod hereto and tty this roferenca made a p.art mf thig II
f1G REEPiENT. PAY MENT
The LOCAL AGENCY moy, if it desfr@s, fumEsh sn'inspector an 'ThQ LOCAL.AGEiJCY, fn cortslderalion a( the failhful rarformance
the projeci. Any costs (ar such inspeClion vrill be barne s.alO/ by of the wark lo Go done by the STATE, agrees ta rnimbiirsa Ihe
the LOCAL /1GLNCY_ All contact betwaQn saicl htispeclnr end the STATE for the actual direcl end related indirect cest of the %vork.
BTATE's conlrzctor shall be through the Si'ATE's rapresentaliva. ,
OQT Foin 224-065 EF
-Ftevlsed'2102
1
~ An itemized esQmale of cost for wrork to be pArformec! N,y the The LOCAL AGENCY shaD havo 8ve (5) wo+idng days from the
57A'i'E 2t thA LOGAL AGENCY's expense is marke8 Exhibll °A', date of v+rilten noEi(lcation to.tntorm the STATE to dolate the work.
and is attached hQroto end by ihi, rofarenco made a part of this 'Sltioulcl IhP I.OCA~. AGENCY exercise its option to delete iho
AGREEII~ENT. ~~.erk, the LQCAL f1GEiVC`( agrees, upon billing by the 5mrE, tb
relmburss the STATE fof pretimnary enginsering costs incurred
Pariial payments shall hc,made hy the LOCAL ACERCY, upon bI 1he STATE lo Enclude the r,rork coveied by this Afi7REEMENT
request ai the 5YATE,'fn cover costs'incurred.7hQSe paynisnts 41 the STATE`s contract.
are not to be mnrQ irequen! ifian one (1) per monlh. It is agraod
thaf any such.parl3al payment will noi oonstitute agresment as ta • IV
the apprapriateness of arry ilem and lhat, al the lir`ne nf the final EXTRA WORK
audil, *aII required adjuslmenls wAll hA mada and.re ilected in a
final pa;rment. In the ovent unforesoen condltions rsquire 2n InCrease In the cosi
of 25 percant ar more from that agreod to an Exhfbli °A", this
LOCAL A~~NCY a9rees to make paymenl fo~ the ~vaik l~ AGaECbAEN"I'v.~fl be modified by a supplemonCY1GREEhlI~N'P
The ,
covo'ring saiii increaso
.
be done by Ihe 5TA7E t-nlhin thirty (34) days from receipt af
btlling'from Ihe STATE. In !hg evenf it is_ detorminecl lhai any charrgo from the descriplion
LOCAL AGEPlCY ~preesihet if ~ayment for th~ v;rork is ncit of worfc cantainec! in this AGREEMENT Is required, spproval musi
7he
mada vrithin runely (~0) days aft~r recelpt of b9ling the STATE bP secutec~ frem Ihe LQCAL AGE~"CY priar to the haginning of
ma~f wilhhol~ arry tax mcnies v.hEch Ihe.IOCP,L AGEtJCY is suah vlork.:Whsie the chang~ is subslantial, wriiten ap~rroval
enliiled lfl receive from the A4otor Vehicle Fund until payment for must be securecl.
the work Is receMed tsy Iho STATE.
. Roiinbursemont fiar increxsod v:aiic a niiJor a substantial c>>sqs
The LOCAt AGENCY agrees to pay the Sl'/1TE ihe'Acivartce in the descripUon a( wark shall Y;e limiled to bosts covcirsd by a
'?aymenl Amaunt' s!ated abavc ivithin 20. days after the STA7E vrritten madification, char,ge tlrder or pxtra vrark arder approvad
submEts ils first parUal payrrierit requesl lo the LOCAL AGEtvCY. by the LOCAL AGENCY. 7he.advance paymenl rPpresenls apprwcimaiely fi3leen (15) V
percent of the estimate of cosl and covers' cosis fncurred by the _ RIGHT OF ENTRY •
STl17E in the Initial stages oi the proJact. Tho, advance payinent
41 he carried throu9hout the I[fs of the praject vrilh final 7he L4CF+L AGENCY hereby yrants and c9nveys io thc S7ATE'
_ adjustment macfe fn thfl final paymant 1he right od ontry upon atl land arhlch the LOCAL AGEtJCY has
interest, rrilhin ot adJac.ent to the right of vray of the highvray,-fcrr
+ the puroos& :of canstnuciing'and if•necessar}r,.main4aining said
: I II ~improvamsnts.
DELETION OF WORK
• Uppn coinaleiion oi the urork ouUincd horein, aII (uture operatlon
In the evanl the ostimate of cost, EXHIBIT "i~°, is in excess ai and mafntenance of the'LOGAL AGENCY's facUiltes shall be at
$10,000 and the total ac?uaf bfd prioes for the work covered by the blole cost of 1.h8 LoCAL AGENCY'and without expense to the
lhls AGREEMENT excedds the estimate of costs by more than STATE.
95 percent, Ifie LUCAI.:AGENCY shall have the optoan of VI
direciinQihe S'tATE to delele aII or a portion oi the 4vor'~c covered
by Uhis AGREEMENT fipm thfl Si'ATE's contracE. Ezcept,, thai LEGAL RELATIONS
this provision sttali Lv. null and void it the LdCnL AGEPlCI"s ~rfl fiab7ily sha0 atiach io the STATE or the LdCF±! AGENCY tr/
portion of the moork excee8s 20 pcrcunt of the aclual tnial contract reason ot entering Into thls AGREEPtiENT except as expressJy
bid.price, at ff the LOCAI. A~ENGY is rasponsibto tat the costs provided herefn. undar state law or the N~eshingtan Actm(nislralive Code YJAC -
488-18-040(5)(d).
. IN 4VITNcSS V'/HEREOF, Itie partfes hereto h-ave executed this i1GREER4LN7 as ot the day and year first above written.
- LOCAL AGENCY STATE OF WASHINGTON
DEPARTIYIENT OF TRANSPORTATION
gy BY
. Title ' 7iUo
Qate Oate '
Dfl7Form i24-065 EF .Fte:ised 202
. GCA5$15 Exiiibit A
WSDQT Job No. XL2930
Urban Ramps PavinglSafety & I-90 PCGP Rehabili4ation -
Viaduct to Sprague Ave. _
Engineer's Estimate for City of Spokane Valley 11!lork
' :8td. • un{t llnit
No. Item Descriptlon hrlQas. Prico - - Quantity Amount
AY j%~e0 ~a Af~011! •-~'~i'it}`T • a,~ `.x.~'ia ;U J ~,~"l.. ,~,:d ~ V~I~~ x'"~, ~~~~i~T• ~'cN-. -
000'i Mobiliaation L.S. 10% of Conlract $ $21 053
0170. Removinq Guardrail L.F. S3.00 100.00 $300
0145 Removtng Conc. Barrier L.F. - $15.OQ 7.00 $105
0182 Rernoaving Guardrail Anchar Each $200.00 :2.00 $400
• ~ , ~U ~S~~ lc'~~t`~ M~Y~fa ' _ .~``~Id'~i
5334 Anti-SRrip in AddliivQ Est. $1,571.00 $1,5711
5340 As half for Foq Seal Ton $500 00 0.33 $165
~~•aT q~ r: n ..vr ",~p ' ' ' '!t;i ZZ ~ r ]~"f -~"'~.'`t~'i ~2~'r:. „`ije'~ i4, : : '
5711 Planin Bituminou5 Pavernen4 S.Y. $1.50 15 325.00 $22,988
5767 HMA CL. 912 W. PG 70-28 • Ton $55.00 1571;00 $86,405
-5830 Job fJiix C.otri Iianc4 Price Ad'ustment Calc. 1,555.29 ' $1;555
5635 Com action Price Ad'ustment Calc. 1;728.1(} .$1,728
:6518 Smooihnass Com lianca Ad uslment Calc. 3,456.20 $3,456' ~ - iRt ~~f~i„~: .I,r u r c•. ~s ~ 3~' i~y~P ,
(j' e ~ TY ~1~'i~ F r 'n~~ . t` Casl-In•PIace'Concrete E~arrierTransition L.F. $200.00 50.00 ~$10,000
6760 Beam Guardrail'I'ransltion Sectlon 1' e Each $2,342.00 2.00 $4,684
•6716 8r•.am Guardrail Flared Termin2f Cach $1 800.00 2:00 $3,600
6847 Plastic l:ine L.F. $2.00 7,025.00 $15,250
6$18 Rlasfic INide Line L.F. $3,00 475.00 S'i 425
6857 Plastic Crossevalk Line S.F. S6.00 192.00 •$1,152
6859 Plastic Sto Line L.F. $6.00 221.00 $1,326
6833 Rlastic Traffic Arroux ca. W0.00 16.00 ..$2,080
- Trafiic Detection Lno Ea. S1,000.00 38.00 $38,000
6971 Pra ect Tem orar Traftio Can4rai L.S. 'i0ryo a( Bid Item $ $15;140
" $232,383
Sales Tax S.Ga/u $19,465
Engineering 95% $37,859
ConHngencies'4% $10,096.
TOTAL $300,000
i ,
Agreement.No. GGA 5815 .
Exhibit B . Work to be performed bv the STATE
Gdnd and Inlay 0.15' of HiviA pavement Replace traffic detection Iflops
Remove guardrail
Remove guardrail anchors
Remove barrier
Install:guardrail transitions
Instail guardrail terminals
. InstaU barrier transiiion
Install palnted and plasfic pavement markings as;listed on Exhibit A
Provide tfaffic control labor and equipment for all work
Prbvide inspeetion and project ayersighk
Provide material testing
l ~ .
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UI/a5h117g$Qn Sta$C' Caslorn Rogion
~ Departa'v9ent of Irranspor4aQioro 27'14 M. Pdayfair Sireet
Paula J. Hammond, P.E. Spokane, N'A 1)9207-2050
SacretLgry of Transportatioii _ 609324•6000
Fax 509-324•6005
17Y; 9-8CU•033-6388
' June 9, 2005 4'P-'nv.rAtl0l.+,ra.g0v
Steve Worley PLibiic works, Seiuor Engineer
Cit}, of•Spakane Valley
`l 1707 E. Sprague Ave., :Suiie 106 Spokane, WA 99206
RE: SR 90 Urban Ramps &c -Mainline PCCI' Reimbursemcnt fbr Preliminary .Engineering
- oI'Paviiig Safefy
Ao eemcnt'No. GCA 5816
Dear Steve:
~ J Please find encl4sed two origirials of Agreement No. GCA 5816. Please sign both copies
aiid retiirn tliem to the:ER Utilities Office. Do noi fill In the date on the fii;st page-of tlic
agreerrient. This will hc fillcd i» with the-
dAte that the agreeiiieilt is cxec;uted by the Eastern Region Adnii►iister. Wc will i-ehirn oiie of the•original copies back to you
following exeei,tion of ihe ngreemciit.
Please call Darryl Raicliff 4t. (509) 324-G122 if you have any questions.
Sincerely, ,
Al~
. !
I7acryl Ratcliff
Eastern Region Agreements.Engincec
DRt: dri-
Enclosiares
cc' D. McKernan
f le
iff& .
~ Washington State '
W/e Department o1 TYansportation
Organlzatlon and Atldress '
Loeal Agency City of.Spokane Valley - Siteet Department
Preliminary Engineerin.g 11707 E. Sprague Aye.
Participating Agreement Spokanc Vallcy,WA 99206
Work by State - Actual Cost Sect)onll.ocalion
ageaFmcntNumber tlrban Ranips &.Mainline PCCP Rehabilitation Viaduct to Sprigue
CCA 581.6
Sta:e itoulc'Mlmber Contrcl Secfion Nurnbor Atl~chments mada ~.~art of Ihis a~reerttent
90 320101 kxhi#9t "A" Estimate of Cosls Rugion s~~eN aoRd -xrdUil'B" D6scriplEon of Wqric
EA3tCrt1 Np Exh[bIt 'C" Ptan ! VFcinity W~ap
AdvanLe Payment Amaunt
3,600 THIS AGf?EEPAEENT, rriade and entorod into.lhis day.of , betWeon sho STA'I'E'OF
bVASHINGTON, Oe,parlment of Transporlatlon, aciing.by and througM.the Socreiiry of Transportation, (hereinatier Ihe°S7A7E') enct the
above named organFza4ion, (hereinafter the'"LOC,4L kGENCY").
WHEF2EF1S, the LOCAL AGENCY has requesied.lhal the Si'A7E pertotm certain evork ps tfescrbed herein, andlor is responsib".e for a
pottion of the Yr&k as protddecf fLr undor WAC 488-18-040{5)(d), and .
WHEREAS, the LOCAL AdENCY IS obflgated tor the cast o( work dascribed herein. •
N01N 7HEREFORE, by v'utue cf RCbV 47.28.140 antl in consideralion of Ehe.terrns, con6ltlorts, covenants, and perforrnancos cantained
hsrein, or altache;i and incorporated and made a part tioteof, 17 IS h,1UTUkLLY ACREEt3 AS FOLLO+NS:
I II
GENERAL PAYMENT
The S i A?E,•as agent ac6ng for and on behalf of Ihe LOCAI The LQCAL ACENCY, in consideralion oi the falfhful
AGENCY, agrees io pErfarm the work as ShGV,n tn Ex1ti(bit "e' performance of the work to be done fiy ihe STATE, agrees to
Descriplion of 4Vork. reimbursQ ihe'STA7E for the actual diracl ancl relateti indirect
' cosl of the worlc as shov:n In Er.hibit "A° Estimate qf Gast_
PI4ns, specifications and cost es6maies shall 4e propared by
the STATr: in sccordance wilh ft curreitit Stata.& Partial payments shall be mado by lhe LOCAL AGENCY, upvri
WasltingFon Standard Specificatlons for Road, E3ridge, and request of the STATE, lo cover co§ts Incurred. These.paymettts
P.runicipal ConsRnrr.lton, and amcndments ttioreio, and are not to be rttore ftsqueni than nne (~1).pc:r month. 14 is agreed
adoptad desic~n slandards, unless olheryviso noCed, ' Uiat any suoh partial paymenl will not constitutci agreement as to
the appropriatenoss of any itertt and Ittai, at the tirtia of the final
7he LOCAL AGENCY iigreos, upon satistactory comp"elion of the audit, all reyuired adjuslments vvill be mada and re9ected in a
v:o.rk involved; to dsliver a lotier ef acceptance to the STATE final paymenl.
which shall include a release znd waiver of all tulure clalms or
demanrls of any na4ure resulling irom lhe performan,ce af the
7he LOGA4. AGEPJCY agrees to mako.paymenl tnr lhe tivork to
woik untier ihls AGR~EMENT. ba done by llte STATE within thirty (3O) days from rec2ipt of
biping Fram the STATE.
IF a letler of acceptanca is noi recelve,~ t~y lho STATE ~~~~ithin
90 tiays follrnwing cgmpletEon of the vrark, lhe wok9c will be The LOCA.L AGENCY a$rpes that. it paymEnt for lltie work is
considered accepted by the LOGAI. AGENCY end sYfall not made w9thln ninoty (90) days efter recelpt ol billkig the
release the S7ATE frorn all future clairns end demands of any STATE tnay vAlhold any 1ax rnon'tes tiVnich the LOCAL -,4GENCY
nature resulUitqtrom Ihe pe►for+nance of Ihe wortc under thEs is enUUed to recc-ive irom the Motar Vehicle Fund until paymenl
AGREEMENT, far ihe vivrlc is iecEived by the S7ATE. {f the LOCAL AGENCY ,
is rtat enUtled fo receive Matqc Vehide Funds, a surety bond in '
The LOCAL AGENCY may viilhhold thts acceptance ai work by t'B 3mount shavrn abave wrillen by a surcly comgany auihorized i
su6ntiitting wrftteti na[if'acafion to the STl~TE t~thin'Ihe 40-day to do busi;~ess in the statE of V'Jashington sha~t be furnlsncd to
period.This n'oUftcaticn shall inclucle the reasoris for i-rithholdirig the STr1TE prior to oxecutinn by the STATE of lhis agreemont.
the acceptance. The Gond shall remain in force until wrflten mlease by tI~Q STATE. :
pO7 Fwn 224-705 EF
1Q~D
Payrncnl nol madp wilh(,) IhErly (30) days after reCeipl of biltings In the evenl it is doECrminecl that any chango'from the desCrPption
shaU be cflnsidered'Past Due" pn8 bear interest at the rate of one oFveork cont8ined in lhis AGREc-tv9ENT is rEquired, apptaval rnu.t
percent per month or (raction thereof until psid pursuent to RGW be secufecf from the LOGAL ACEN'CY prlar to ths beginning of
-43.47.24Q. ' such work. 4Vhere the chsnge is substanEfal, •written apgroval
. ' must be 9ecured.
7h'o LQCAI AGENCY eflrees to p'sy the STATE.ihe'AdVanca ,
Paymenl AmounP sts4ed above viithin 20 days aker ihe STATE Relmbursement for inc.reased,vrtfrk andlor a sub,tanUal change
cubniitslts first partial payrnerit request to the LOGAL `kGENCY, in the doscripUon of work shall he limited to cost~ covered k~y a
v+hen applicable in accortlance wi?h S7Ai E(nstructiar7al Leller It %yriiiem modlficaqan, chariQe ordcr or exlra arork orsler approveil
'4017.00, by tho'LOCAL AGENCY.
The advFtnce payrrient rc,presbnts apprrncfmately fifieun (15) IV
peresnt of the esllmate di coat and covers costs fneurrod by the RIGHT OF EN7RY
S"FAZE in the irtittal staces ot the proJect_ Tho odvance payment -
rAll ba camad thraughout the life of the projact wdth final The l.OCAL AGENCY I}ereby grants and conveys to the STATE
attjustmonl made fn the,8naa peyment. the right oI nntry,upan oll land which the LOCAL AGEh'CY has
, interest, +4iihin or adjacont to the right of way a( the highway,
III for Oie pwpose o( parforming the prtl;minary enginearing und6r
EXTRA WORK thls AGREEMENT.
In ttie eveni unforeseen canditions require an increase in the cost V
of 2b percent or mnre (rom that agroed tv an Exhibit "A", this LEGAL RELATIONS
AGRFEMEPJT wiII Ue modified by e supplemenl AGREEMEUT ,
covoring saEo increase. No liali3lity shall aUach io the STRTE ar the LOCAL AGENCY by
reason of enterirtg inlo this AGREEMENT except as expressly
provided harain.
IN WITiNESS WHEREQF, Ihe parties here9o have execu4ed this.AGREEMENT as.of the tiay End year t9rst above writlen.
J STATE OF WASNWGTON
LOCAL AGENCY DEPARTiJIENT OF TRAN5PORTATIOM
gy By
1'iila Tilla
Dale Qate
I
. I
DOT Form 224-701 EP I
SQA)D
. :
GCA 5816
E7►lllbli A
11VSDOT Job No. XL2930 .
Urban Ramps PavinglSafety & I-90 PCCP Rehabilitation -
Viaducf to Sprague Ave.
Engineer's Estimate for
City of Spokane 1/ailey Work
Std. Unit Unit No. ftEm Descri tlon 1;4eas. Price Quantit Amount
0001 Mabilization L.S. 109a .oi Contract S 521,053
0170: Removin- Guardrail L.F. $3.00 10U.00 $300 0145 Ramovin C.QnC: Barrier L.F. $15.00 7.00 •$105
0182 Removin Guardrall Rnchor Each $200.00 2.00 $400
%tM CLi~t1~C~~Q$ W_:5~.~~.x~_..
5334 AnRi-S'vi in Aclditive Csl. S1,571.00 $1,571
5340 As ttalt for Fo 5ea1 Tan $500.00 0.33 $165
i~t'Y.Vl~C1.~~3J. ":7ys:.nw, F'~.{~ :'..++"1 t i~'~~l r~F • iy 11v~~k'r~:"~7 w i~ n'~
5711 Planin Biiuminous pavement S.Y. $1.50 '15,325.00 $22,988
• 5767 HMA CL. 1f2 IN. PG 70-28 Ton $55.00 1,571.00 $86,405
6830 Job tvlix Gornj liar7ce f'rico Ad'ustment Calc. 1,555.25 $1,555
5835 Cflm actian Price Ad uslrnent Calc. 1;72$.10 $1,728
6518 5moolhness Com liance Ad ustment Ca1c. 3,45620 $3,456
"ty, '`.~4`S`~"' x~9 .s~:. nY:.. .V~:•xi ' e'.n..~i'''..r~5 ~t i.~' •~~el ..~F.: ~rGS~;-.'~'~+'a~.i..e ~'~t'~,~'~}.~~
Casi-In-Place roncreie 13arriE:r Transitian L.F. $200.00 50.00 $10,000
6760 Bearn Guardrail Transition Section T e Each $2,342.00 2.00 ;S9,684 '
6716 8dam Guardrail FIar2d 7erminal Each $1,800.00 2.00 ;$3,600
6807 Plastic Line L.F. $2.00 7,625.00 _V15,250
6818 Plastic Vdide L:ine L.F. $3.60 475.00 $9,425
6857 Plastic CrosswaIk Line S.F. $6.00 i92.00 $9;152
6859 Plastic SEa Line.. L.F. $6.00 221A0. $1,326
6833 Plastic Traffic Arrour Ea. -$130.00 16:00 2,080
. Traffic Detectlon Loo Ea. $1,006.00 38.60'$38,000
6971 Pro'ectTem a'rar Traffic Conirol L.S. 10% of Bid Item S $15,140
$232,383
Sales Tax 8.6% 519,985
, Enginesring 95% $37,859
Goiitingencaes 4% $10,096
Toral $300,000
Historical Preliminary Engineerinb eosl has bucn 8% oPConst!'uctian tolal. ~
a
r'hercfore,
P~'elii-ninlr En i.necring = $24,000]
. .
• I
~ .
. . Agreement No. GCA 5816 Exhibit B
Work to be performed bv the STATE.
. Roadway Design for the following, as shown on Exhibits A& C:
•Grind and Inlay 0.15' of HMA pavement ,
Replace traffic detection IooRs .
Remove guardraii
Remove guardrall anchors
Remove barrier
. Install guardrail transitions
Install guardrail terminals
Ins'tall barrier transition
' Install painted and plastic pavemenf markings as listed on Exhibit A
Provide traffi.c control labor and equipment for all work
Provide inspection and project oversight
Provide matErial testing
~
i
Page 1 of 1
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CIT1' OF SPOKANE VALLEY
Request for Council Actioa
Meeting DAte: August 26, ?008 City MAOagCr SlgO-Off:
Itrm: Cherk aIl thpt appty: [j consms ❑ old business Z ncw busincas ❑ public haaring
❑ informetion ❑ edmin. rvport ❑ pending legisladon
AGE.NDA ITEM TITLE: Morion Considcration: Allocation of Funding for Outsidc Agcncies
GOYERNING I.EGISLATION: Ciry budgeting practiccs
PREVIOUS COUNCIL ACTION TAK7EN: Proposals wcre requrstrd from uutside agcncies f'or 2009
city financial assistance for publie sen•iccs (socisl services and economic development). Fiftccn outside
agencies presented proposals for 2009 city funding. Individual Councilmembers have submitted
suggested amounts for the 15 agencies to Finance Dircctor Ken Thompsoa.
BACKGROtfiD: The eity has been providing partial funtling far public services since incorparation in
2003_ The proposed budgrt for 2009 includes $151,000 for this purpose. Requests for 2009 programs
total W7,000. AwArds for 2008 [ncluded a total allocstioa to social service ageacies of 536,000; and
a total allocation to Eroaomic Development agencies otS11S.000; for A grsind totAl of 5151,00.
OP'I'IO1S: I) cocttinue to fund outside agency srnices; 2) Discontinue funding outside agencics; _i)
Increase/decreasc funding for outside agencies
RECnMME:`'DED ACTI01\ OR MOTIOti: Nfo%e tt) allocate the follo«-ing fundine amc,unts fc-r the
outside ngencies for 2009:
i;ecial CeiTiees• Reautatrd: Awarded
Aging & Long Term Care of Eastern Washingtan $25,000
Arts Cauncil S14,700
Big Hrothers, Bic Sisters $I Q,?RO
Coalition of Responsible Aisablcd (CORD) 49 $29,825
Hcarth f lomes s 150,000
Mcals aa VVhccls -SpaF:anc Vallay ~IN S5,400
Pioje:;[ :1cCess $2 5.0 0 0
Spokane Valloy Partnctg (Commueity Ccntcr) ~ $?O,OOU
N'anessn Behon Cri;i>Nunen 5;,000
•Greater Spokane Suhstnncc Abuxe (withdrew) ~ 58,3A9
Fcennmic pevtlQpRtCp( AanCk9 Reaueslcd Awardcd
Grenter SpoRane inc. S65,000
lntcrnatiunal I'rndc Alliancx (ITA) S40,000
Spc,l:ane Neic:iiborhoexj Eccmomic Dev. 51 S,OUO
Spokane Site Stlectar 517,662
Spokane Vtillcy Ciiambcr ofCommercc S15.000
•(ircater Spokane Substance Abuse has withdrawn their epplication but asked if they could continue
their biUbourd campaign indicating the Citv of Spokane Valley is e sponsor. 'lfiis might ne4t ne
accomplished by pror•iding a small amount of funding ($5007) to that organization.
BUDGET/FLtiANCIAL 1MPACT5: This eecommendation ha.s been incorporated inta the 2009 cit)
budget and will cost the city S 15 1,000 far these public services,
STAFF COrTAC7: Kcn Thompson, Finance Director
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information [9 admin.report ❑ pending legislation
AGENDA ITEM TITLE: Graffiti Abatement Update,
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: March 10, 2008 Admin report; August 12, 2008
Informational memo
BACKGROUND: For several months staff has been attempting to identify potential approaches
to dealing with graffti in the City of Spokane Valley. It was learned that there is an established
graffiti abatement program through a Neighborhood Accountability Board (NAB), a juvenile
justice diversion pragram. Details of this program were described in an informational report by
Deputy City Attorney Cary Driskell on August 12. (see attached)
SCOPE Director Rick Sc4tt will present an update on SCOPE's current role as active
participants in the graffiti management program in Spokane County and the City of Spokane
Valley. In coordination with the Gang Enforcement Team (GET), SCOPE volunteers monitor a
graffiti hot line, receiving information from citizens who may call in locations where graffiti has
been observed. SCOPE volunteers are then sent out to identify, report and evaluate the
community impact of the graffiti in question. The next step is to advise the home / property
owner of their options in dealing with the graffiti.
SCOPE will c4ntinue to actively seek other solutions to deal with the growing graffiti problem in
the City of Spokane Valley, including education of community members, school leaders and
students regarding the effects and impact of graffiti.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETlFINANCIAL IMPACTS:
STAFF CONTACT: Chief Rick VanLeuven and SCOPE Director Rick Scott
ATTACHMENTS Informational RCA dated Aug 12, 2008
~ .
CITY OF SPOKANE VALLEY
' Request for Council Action
Meeting Date: August 12, 2008 City Manager Sign-off:
item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ pubtic hearing
X information ❑ edmin. report ❑ pending legislation
AGENDA ITEM T17LE: Grafflti abatement update
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: March 10, 2008
BACKGROUND: As the Council is aware, staff has been trying to identify potential approaches
to dealing with graffdi that appears in our City. Staff presented information on March 10, 2008
regarding potential goals and outcomes from a successful pragram may look like. The Council
has made clear that it does not want to re-victimize innocent property owners whose property
has been vandalized.
One of the propasa{s was to consider making graffiti a nuisance under SVMC 7.05. The
; question would then become how to best get abatement of such nuisances without re-
victimizing property owners.
In searching for a solution, staff became aware of a juvenile justice diversion program that
• already has an established grafftti abatement program. In short, a number of juvenile offenders
with relatively minor charges are diverted out of the Court system and into vvhat is called a
Neighborhoad Ac,countability Board (NAB). In order to get the charge adjudicated by the NAB,
they have to explain what they did, why they did it, and draft a plan on how the offender is going
to "pay their debt" to society. This generally indudes some community service. The NAB
program is operated by Spokane County, and already operates a graffiti abatement program in
the City of Spokarte through the COPS offices. They have all of the equipment and paint
(donated), as well as supervision by the NAB folks. They apparently have 5 or 6 different calors
to choose from.
The way it is set up to work is that COPS sees graffiti on a property, gets the property owmer to
sign a release and waiver (attached for review is a copy of one that wauld be used in our City),
and then faxes that to the folks at NAB. NAB then schedules it far an upcoming Saturday, and it
gets done
In an effort to best utilize the services offered by NAB, to minimize the ovork load for our staff,
and to avoid re-victirnizing property owners, I reoommend you consider the following process for
graffiti abatement:
1. SCOPE finds out about graffiti either through proactnre means or by referral (either from
private citizens or City employees);
2. SCOPE oontacts the property owner tv discuss abatement with them, first seeking to have
the property owner abate it themselves. If so, the problem is sotved.
.
3. If the property owner will not abate the graffiti, or cannot due to age or physical limitations, the
- SCOPE volunteer would ask them to review and sign the releaselvvaiver form autharizing NAB
to enter their property and paint it over. If so, NAB would schedule it and the problem is `
solved. . 4. If they do not agree to either abate it themselves or to allow NAB to do it, then it would be
referred by SCOPE to our Code Compliance officers, at which time it would be treated as any
other nuisancre violation. This process vrould allow ample oppflrtunity for aproperty owner to
either aaate the graffiti themsefves, or have NAB do it for free. The refusal to engage in one of
these would result in the City taking action.
The Gouncil recently by consensus refeRed a number of proposed revisions to SVMC 7.05 to
the Planning Commission for consideration and recommendation. Staff intends on makPng one
additional proposed change for their consideration in line with this RCA, which would be to add
a new nuisance violation under SVMC 7.05.040 for graffiti. This would then cflme back before
the Council for consideration and potential adoption along with all the other proposed
amendments.
OPTiONS: NA
RECOMMENDED ACTION OR MOTION: I
I
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell, Deputy City Attorney
ATTACHMENTS:
1. proposed authorization/wa.iver form
~ ~
. ,
Paint Over Graffiti
Waiver of Liability
For and in consideration of the undersigned's property located at:
, receiving the
benefits of participation in the Paint Over Graff'rti Program, to include, but not necessarily
limited to the painting over the graffiti on structures located on said property, the undersigned
does hereby waive, release and discharge the Sheriff Community Oriented Policing Effort ~
(S.C.O.P.E.) and all its employees and agents, as well as stetutory sureties, from any and all '
claims, demands and causes of action that the undersigned ever had or that the undersigned
has or may have, known or unknown, arising from participation in the Paint Over Graffiti
Program.
The undersigned acknowledges that the action talcen by Paint Over Graffiti, or its agencies, ~
does not intend, or imply, that they are perfofming restoration. They are only acking to cover
up graffiti and make no promises to rnatch surface color(s). '
~
, This waiver shall be binding upon the undersignetl's heir, legal representatives, assigned and ~
successors in interest to the above-described real roPe I
P rtY•
Print name here Signature
Date: Phone:
~
~ -
4 raneateaa: ronr. tuac, undeiirar
Please note that the chanQes relatin4 to _araffiti are _
in iralics and in qreen. ('°""'~id' ``"~:1° `~0t~ ~
Undertine
7.06.020 Deflnltlons.
"Abate" meane to take whetever stepa are deemed necessary by the dlrecior bo
enaure that the property oomplies with appficable nuisanoe orctinance requiroments
Abetement may indude, but is not Ifmtted to, rehabifitatlon, demotition, removal,
reptaoement or ropair.
`City" means the Ctty of Spokane Valley, Waahlnyton.
"Code compltance offioer meann a regutar or spedally rnmmissloned officer so
designated by the dlroctcr of community development for the City.
"Days" will be counted as bu9lness days when frve or fewer days are allowed to do an
aci requlred by thls cFapter. "Days" wfp be oonstdered calendar days when more tnan
ffve days are allowed to do an act requlred by wls chapter.
"Determination of complianoe" means a written ataUement from the diredor the:
evidence exiata to deteRnlne t}iat the violation(e) has been eufRdently abated as to the
nulsance vidation(s) stated ln the voluntary compllance egreement or r►atice and order.
"Qlrector' meana the wmmunity devefopmertt director for Spokane Valley, or hisfier
deeignee.
"Found in violation" meana that:
1. A notka and order has been Isaued and not timely appealed:
2. A voluntary oompJlanae 8greement haa been entared Irtto; or
3. The Fiearing exsrnlner has determined thet the vbtation hea occurrad and auch
determirtation hea not besn etayed or reversed on appeal.
"Gra~iitr"me~ns unaushorrzed merwnv~ rnscrir~ti~s w~~. ~r~s. (#s~g„ns or otAet - (~F«m"d: Fwc: u,UC ~
inserrbed metenal visihle fi'am Dr9mfses ooen b MB o&~c, thst have bean nfamd upQr? - ,,,,n,e, tr+aerC " oe: o,ir )
$nv nrooeKv thtauah tlrt use otaolni fnk, dve, or arrv ather substar►c+e ble ot Fwaiianed: Fort: (Deat) AM, it
mamfna orWsA vc, P.*k
"Hearinp examJner' means the City of Spokane Valley hesring examiner, as provlded F,a,MeM 11 M raac ~
by Chapter 10.35 SVMC aa aciopted or hereafter amended.
^Impaund," far the purposes of this chapter, means to take and hold e vehide in legal
cusiody.
"Inopersble" meana incapable of befny opereled legally on a public highway,
inc{uding, but not Ifmited to, not having a valld, wrtent reyistration plate ar current
certiflcate of registraUon.
"Junk vehlcle" means a vehide eubstentlally maedng at least three of the follawing
criteria:
1. ts threa yeam oid ar older;
2. Ia extenstvely damaged, such damage indudinp but not Ilmlted to any of the
followlnp: a broken wfndow or windshleld, or miasinfl wheele, tlrea, moRor, or
trenamfaslon:
3. Is apparcntly inopereble;
4. Has an approximate fair market value equai onty to the approximate value o(
tha sorap in it.
"Mitigate" means to take measures, sub}ect to City approval, to mirnmi=e the harmful
efleds of the nuiaance violation where remediatlon Is eithar impoesfble or unr6asanably
burdensome.
"Nulsance" means the unreasonable or untawtul use by a person, of real or personal
property, or the unreasonable, indecent or unlswful personal condud whlch materially
irtterieroa with or jeopardlzea Ute health, asfety, proeperity, quiet enJoymertt of property
or weliare of others, offends common decency or public morality, or obstructs or
irtterleres with the frae uae of pubfic waya, p{aoea or bodies of water.
"Peraon" means any fndividual, assodatlon, partnershlp, corporadon or legai erttity,
public or private, and the agerns and assigns of such indivlduai, ssaodsUan, parfiershfp,
corporaUon or legal entity.
"Peraon responsibie for a nuisance violation" meana the person who cauaed the
v►olation. N tfiat can be determined, andlof the owner, lessor, tenant or other person
enbtled to controt, use and/or occupancy of the properry where the nukaance vlotation
oacurs.
"Person(s) responsible for a Junk vehiGe nu[sance vlolation" means:
1. The land owner whero the junk vehide is located ae ehown on the last
equallzed asseasment roll; and
2. The last registered owner of the vehicle, unless the owner in the tranafer of
ownership of the vehicle has complied witfi RCW 48.12.101; and
3. The legal owner of the vahide.
"Remedlate" means to reatore a eite to a condidon which does not posa a probable
threat ta the general pubiic heatth, safety or welfare.
"Vehlde," for the purposes of SVMC 7.05.040(S), Includea every devioe capable of
being moved upon a public highway and ln, upon, ar by which any persons or property is
ar may be tranaported or drawn upon n pub►Ic highway, irtcludmg bicyclee. The teRn
does not Include devices other than bfcycles moved by human or anlmal power or used
exclusively upon stadonary ralls or tracks, as set forth In RCW 48.04.670.
7.06.040 Nuisances prohibited.
No peraon, flrm, or en6ty shall erect, conttfve, cause, cantinue, mafrtta+n, or permtt to
exlst any publlc nutaancea withln the City. Prahlbited public nuisancxs Include, but are
not limited to:
A. Vegetadon.
1. OvcrhanglnQ Umbs or branches that are Isss than elght feet above a publlc
walkway or sJdewafk, or less than 14 feet above e pubilc streei,
2. VeDetsilon that obstructa or hinders the use of eny public walkway, eidewalk,
or atroet, or ttiat obstructa or obecures the view of VafiSc or traffic controi devices,
pursuant to dear-view trianQk pollcies adopted by the City.
3. Any growtfi of noxloua v+reeds or any toxic vegetation ahall be aubJect to
Chapter 16-750 WAC as curtrndy adopted and hereaRer amended
B. BufkJfnga, Structures, Fences.
1. Buildings or portions thereof whlch are deemed dangerous ggrsuant l4by the ~ Fonn.tfta: Not Hionaqnt )
Spolcane Valley bullding code (cuRernly adopted Znternatlonal Prove v Malnienance I~sWoL Aiot NIqhEght I
Code and the Intematlvial E)tsiinq Bulldlna Cod
Denpeireos @), provided, thai such condltions or defects exist to the extent thet
the IiM, health, property or eafety of ihe public or the strudure's ocapants is
endangered.
2. Any fenc8 that obsVucta or abscures the view of tratfic or VefTie control
devkas, pursuant b clear•vlew trfansle poUcies adoQied by the City.
C. 3ldewatks.
1. My protrusion, awning, or ovefianp that tnhibits or obsUucta use of a pubiic
walkway or sidewzlk.
2. Any objeat, canstruc5on, or damage that inhibib or obstrvcxs the surface use
of e publlc vrelkway or sidewalk.
3, Snow or loa not romoved hom a public akiewstk wtthin a reasonable time.
4. Acwmulatlona of dirt or debris not removed hom a puWlc sldewalk
D. Unauttwrized Signs. Any slgn not In compitanoe wiTh the City'e aurontiy adopted
aign code.
E. Accumulabans ot metenels oarbaas recvdablea fumituro m$chin-trv
t Bulldlna and Cons on_Materlate. Accumulatfona, stacks, or piles ot building• ~ ra..etea: underb+e ~J
or construcilon mater(ats not assadeted with a cumant, In-pro9resa pro}eci induding ~ftm: tnemc: Psc nrw O.S.
metal, wood, wirie, eiectncal or plumbing mabertals in dlsarray or exposed to the
elements on the property. This provlafon does nat appty to a designated oontractor'6
yard, as defcned in the currently adopted Spokane Vailey Zoning Cafe.
?a s^e RtM.abigs. Csm.". and Iniestations. {fo.maee.M unaemne )
eGarbaoe not kept in e oroper rsoevtacte with a Wht-ft*w Ud ' j fonwwtEei: Inden[: Flrst flne: 0.75- i
b. 6minulatiQn ot br9ken or nefl}e+cted Itema Iltler saivaae materlaka and
Iunk not in an aporoved andosed sWchuro, in the front beGk. or aidQ yardg Qf th4
Pr9REotV
r, Recvdab!", nQt Qroaeflv rtfmd and reau1ar1Y iaeoaed o'
d. CreaUna or melntairnno atcumulatlons of matter, fndudinu f9oBtuff3, that
harbor or are an eWyMn 1ar the intestatian ot Insects Qr vermin: fa[Una to ellmineie
su:h in(est JQns or FalGna to elimlrtate inttusive Ios2ga
J
3 Fumiture end AWiancea. - ~ Fo.raune:lnaex: First w+e: O.S.
a All broken or dESCas(-iad hausehotd fumrtm. fumtshings or eauiameni. or• ;Formatiod, ur,aeraft'~. ~
any aaollancxs not In an appraved er►dosW strudure. In the tront zide. or back vard ot ~Formaded: ln&m First-9m, u7s-• ~
a oroae[tv - - -
b/,1i eoaessible roiriaa+alion aooltancea noi havlrlg the,QM iecured or
romoved er env endosure ihat can entret) humane or snimais
4 Machintrv end Eauipmeni 6roken Inopereble. aocumuiadonj . ot awts 01 • ( foraun.e: Poenc: F+rsc k+e: os* J
mactinerv or eauiDment noi in an aDDroved enClosad eWduro M the frartit, badc, or elda Ferwurtw, U„eo** i
vards oi the yraaertv This sacUon excludes nu'tsance YahlGee that are reaulated bv
gu¢,&Rg~gn P of this secton_ -
- fforn+aetae, ►naenc tirst nne: 0,75• ,
F. Fire Haz.erds. Stacks or aacumulallo+zs of nearopapers, dead vefletatlon (excludine
properiy maintalned compoat piles), cardboard, or ottier paper, cloth, flr wood producta
leR in a manner that couid pose a substantlal riek of caombvetion or the aproad af fire.
G. Toxic or Gaustic Substsnces. Impropet atedng or keepinp of any toxic, Aammable,
or caustic 9ubst2nces or materiat9
H. Smoke, Soot, or Odors The escaping or emitting of any unnecessary or harmiut
smoke, soot, fumes. or gases or odors ofiensive or harmful to persons of ordlnary
sensibltities
I 8odies of Water
1. Except ior City-approved sVuciure9 related to storm dralnage systems, a!i
stagnant, pooled water In which masquitoes, fliea of other insects may multjply.
2. The pollufing of eny weterway, well, or body of water not subject to the
jurisdiWon of the Spokane regionai health district
< . amp", and rw
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~ 4 Holes, Pits, and ExcavaUons. All unoovered hoks, pits, ot excavations not marked
or guarded that are fn excess of 10 or more inches in width at the top and tour feet or
mora in depth
MrMashlFerir~ . ~
FRashiAea)'er-~quiI ,
subeeGO
I W& Anracttve Nufsances. Any aa:esslble attracUve nuisance to children Induding, but
noi Ifmited to, unattended machinery or equipmant, unsecured abandoned or vacant
buiidin9s, open end unattanded vehiGe trunks, or other unpuarded conditfon8 or
situations wat could Injure or trap a chfid.
, O~. Noiae.
1. Any noise or aound that inVudes irtto the property of another person that
exceeds the maximum permiaaibla noise kevelg as established in WAC 173-60-040, ss
currently adopted and hereaRer emended.
2. The frequent, repetitive or conUnuous soundmg of any horn or airen atteched
to a motor vehlcfe, except as a waming of danger or as speciflplly permitted by law.
3. The creation of trequent, repetitiive or continuoua eounds in connection wtth
the starting, operatian, repair, rebuiiding or testing of any motor vehide, motorcyde, aff-
highway vehicle or intgrnai combustion engine within a residentcal zone, so as to
unreasonabty diaturb or interfere wlth the peace and oombrt of o+nReers or possessors of
real PropertY•
4 The nolay operation of any aubomoWb, trudc, motorcyde or aa►er vehide in
auch e nonemerpency manner to cause the sQuealinfl of tirss by the rapid acoelerawn
of the vehide; the loud enrl oorrbnuous grinding, thumpin9 or gradirtg noiaea from trucks
or other oommerdat vehldea; the engine comproaslon nolse trom tlie unmuffled or
poorly mutflad compreasfon braldng of trucks; the sound trom any motor vehick audio
swnd syatem such as tape playero, radios, and oompad disc playera at votumea so as
to be sudlble yrsater ftn 50 feet from the vehide ItaeN; and bud, excesslve enQine or
exhauat nolae from unmutlled vehides or vehides operadnp with Inadequata mufller
syatems to prevent unreasonably loud noleas.
~ RM. Dust. Dlsturbing the topsdl of gny kand area, or permitting the aame, by any
person wtthout taklnp aftirmathre measures to auppress and minimlza ft blawinp and
scatlering of du9t w as tc unreasonably dlsturb of•Irnerfere with the peaoe and oomfart
of ownera or pasaesaora of real properry. Thia proviabn does nat Indude petmitted
egricultural ecxivitiea as legal nonoonforming uaes or permitted agncultural activides in
general agricuttural zones.
~ qN. Nuisance PromEsas. Any premiaee or structures aUowing or malntaining
prostituUon, lewd bafiavlor, underaee consumption of alcohol, the harbodng of jwenfle
runawaya or wanted persons, or whare there Is the uee, aab, manufacNrirty or
distribudng of eny narco0ic or oontrolled svbstance, or at wh1ch tliere ie a pattem of
criminal acdvity, ero prohibiied nuisencee.
~ RQ. Yard Sales. The hotdinfl or permittinp of a yerd saie on the same roal properry
more than aeven oonsecutive days, or more thsn two consecutlve weekende.
~ SP. All Junk veFiides, or parts thefeof. Placed, atared or psrmitted tn be {ocated on
pdvate property within the Ctty Ilmlts ere pubifc nulsanrxs to be abaied as provfded in
this chapter. This chapter doea not apply to:
1. A vehide or part theraot that is compietely endosed within a bu(Iding In e
lawful manner where It Is not vlalble from the street or other public or privata property;
2. A vehlde or part thereof that !s stored or parked In a lawful manner on private
propertyr !n connedbn with tfie businesa of a Ifcensed diamantler or licensed vehlde
dealef, and la fencxd accordlnp to the provlaiona or RCW 48.80.130;
3. A junk vehic{e doas not Induda a vehide whfch la In the procesa of being
repafred, as evidenced by the good faitfi efforts of tlm vehide owner. Thla exception
shall include havinp up to one "paRs" vehide, from wfiich parts are being salvaged
concurrerit with the repair prxese for the vahlde being excepted from oompfiance in thls
sadion. Gaod faith eNorts of repafr cen Indude producing invokes showlnp worlc or parb
purchased far repair or renovatlon withln 30 daya priw to issuanoe of the notfce of
vbtadon, or s declaraUon under panatty of perjury that the vehlcJe is In the proceas of
being repa(red and has been worked on within 30 days prlor to issuance of the noUoe of
vtolabon. This exoaption allowa up ta 60 days br Qood faith rcpair. Upon good cause
ahown, the director shalt have the discretion to gront one addFdonal 60-day excepdon
period W tl11a chapter. Under no drcumstance 6hell any gooO fafth efforts of repair
extend tor moro than 120 daya, after which tlme thls exceptbn shaU no lonper apply.
This exceptfon shafl apply to one vehide and ene parts vehide per parcel of land per
calendar year,
4. There shall be allowed as exoeptions to this chapter up to two junk vehldea in
~~dR-b f. ~~R• t. R-2. R-3 and R-< iones, so long aa they are completely alght- I wr,e.m.a: rooc HiqWM _
screened by mairttatned Type I or II landacapirtp, a maintained landscaped berm, or
fendng, as may be required in the currently adopted zoning code. Junk vehides allawad
by this exceptlon ere reatricted to onfy the R-t. R-2. R-3 and R-4 ! F«m.U.eI rbc H~ 1
zones. ' P«matUd: Honnqrx ~
I ~i. Graffih A« Qraffiti uaon aublic ot nrtvefe orop¢rtv !s deQmed a nulg nce. iForwmte& f«,r. narc _ 1
/
' CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing
❑ Informa6on [ Admin. Report ❑ Pending Legistation
AGENDA ITEM TITLE: Sprague and Appleway Corridors Subarea Plan
DiscussionlDeliberations
GOVERNING LEGISLATION: The Subarea Plan must be consistent with the City's
Comprehensive Plan and the Washington State Growth Management Act (GMA), RCW 36.70A.
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The SpraguelAppleway Revitalization Plan process was initiated during the
summer of 2006. After a series of woricshops 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 Cornmission 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: Community 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.
Staff will conduct a review the proposed deliberation schedule (attached) and will answer
Council questions. Council will then deliberate on Book III: City Actions.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: Advance the Subarea Plan forward to deliberations
as scheduled.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Scott Kuhta, Senior Planner
ATTACHMENTS: SARP Deliberations Process memo
;
S`p6kane
;,olOValley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ ci[yhall@spokanevatley.org
Memorandum
To: City Council; Dave Mercier, City Manager; Nlike Jackson, Deputy City Manager
From: Scott Kuhta, Senior Planner
CC: Kathy McClung, Community Development Director
Date: August 19, 2008
Re: Sprague and Appleway Corridors Subarea Plan Deliberations Process
The Advanced Agenda reserves time through the end of September for deliberations on the
Sprague and Appleway Corridors Subarea Plan, with first Ordinance reading scheduled for
October 14, 2008. Staff proposes the following schedule for deliberations:
Auqust 26. 2008 - Subarea Plan Discussion and Deliberations (40 min.)
.
. Review plan and regulatory framework
. Council Questions
. Book I: Community Intent
September 2. 2008 - Deliberations (60 rnin)
. Book II: Development Regulations; Orientation
o Applicability
o Zone District Boundaries
o Zone Distnct Charts (setbacks, frontage coverage, etc.)
September 9, 2008 - Deliberations (30 min.)
. Book II: Development Regulations; Site Development Regulations
o Building Orientation
o Building Use
September 23, 2008 - Deliberations (60 min.)
. Book II: Development Regulations; Site Development Regulations
o Building Height o Public Frontage
o Setbacks, coverage, build to corner, max building length
. Book II:' Development Regulations; Street and Open Space Regulations
~ o Prelocated Street Map
0 Street Types
o Open Space Standards o Access Management
. Book II: Development Regulations; Parking Regulations
September 30, 2008 - Deliberations (60 min.)
• Book II: Development Regulations; Architectural Regulations
o Building Massing and Composition
o Architectural Elements
• Book II: Development Regulations; Signage
• Book III: City Actions
o Street Nehvork Improvements
o City Center
o City Center Civic Facilities
October 14, 2008 - First Ordinance Readinq
October 28, 2008 - Second Ordinance Readinq
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 26, 2008 City Manager Sign-flff:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
~ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Watershed Resources Inventory Area (1NRIA) Memoranda of
Agreement (MOA)
BACKGROUND: See attached Staff Memorandum
f ~
RECOMMENDATION: Consensus to place motion consideration on City Council agenda for
September 9, 2008 to authorize the Mayor to sign the Memorandum of Agreement for
Implementing the Detailed Implementation Plan for WRIAS 55 & 57
STAFF CONTACT: Tavis Schmidt, Assistant Planner
ATTACHMENTS:
Exhibit 1: Staff Memorandum
Exhibit 2: Memorandum of Agreement for Implementing the Detailed Implementation Plan
~ for WRIAS 55 & 57
cCommunity Development Department
SpPlanning Division
~ V 11707 E Sprague Ave Suite 106 ♦ Spokane Valtey WA 99206
:09.921.1000 ♦ 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 previpLLsly authorized City staff- eo participaie in ihe Watershed Planning Ciroup
beginning in 2005.
• The Memorandum aF Agreemenl (MOA) is requesieci to be signed by the Mayor.
• By signing on to the MpA; the City of Spokane Valley ,~vill have opportunities to apply for and
parCiciPate in granfs.
•'1'he v10A docs not commit thc City of Spokane Valley to any fulancia] contributions other
than staff time; which includes the contuiuine participation on the Watershed 1.mplementa[ion
Team. (sce tablc bclow from lletailcd Implementation Yla.n -1'art 3)
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I3ackvrnund -
Water Resource lnventory Area (WRIA) 57; the Nliddle Spokanc River Rasin, watershed is part
of the Columbia Kiver drainagc system lyinp- at the intersection o1' the Northem Rocky
Mpuntains and ttie Columbia Plateau. The water stores in `VR1A 57 are largely recharged by
precipitation in the Rocky Mountains of north idalio and westerii Montana; additionally relying
cro spring snowlnelt from the upland areas and groundwater discharge to the rivers to maintain
scre.am flows cluring the cirier months. Water is becomina increasingly scarce in the 4VRIA 57
basin. Past studies of «TR1A 57 have largely focused on the Spokane Val.ley Ralhdrum Yrairie
(SVRi') Atluifer; wluch was designated a"Sole Soiirce Aquifer" by the U.S. Fnvirorunental
f'rotectinn Agency in 1978. The aquifer is the drinking water source for over 400,000 people
living in Spokane County as well as in KooteDai CUUniy, ldaho. lnleractions between this
aquifer and the Spokane Rivcr are impprtant both seasonally and spatially to maintain flows in
the river.
Watershed planning in Washington State is condueted under the 1998 `Vatershed Planning Act
(Chapter 90.80 RCW). Th.is Act was designed to allow people who live, "vork and recreate
Nvithin a watershed to collaborate on how water is managed f'pr the fiiture. The la,~ti, is
adminiscered by WA State Department of Fcalagy in the fomi of a sequcnce of grants; which
allow the initiating governments to undergo watershcd platuiing accUrding to four major phases.
Planning pccurs within the existing sinicture of Water Resource lnvenfory Areas althouolh, in
cases such as this one, multiple NVR1As are combined for planning purposes. (`VR1As 55 & 57)
Phasc I provides funding ior the convening of a plaiuung unit iorn-iECi of represenlatives of local
government, interest grnups and citizens. in Phase lI, pllnning units may apply for funding to ,
conduct watershcd assessments, which may range i-rom a compilation of existing data a» water '
resources to new studics of speci [ic watcrshed attributes. Phasc 111 provides for dcvelopment pC a
watershed managcment plan, which must be apProveci by cotisensus and approved by county
legislative boclies. Phase IV funciing allows planning units to develc7p detailcd imp]ementation
placis to coordinaie and oversee the actual implementation of the altcrnatives and
recommEnclations oC their watersbed management plail.
Watershed-related work has been conducted for many ycars in WrZIA 55/57. Joint wacershed
planning in the Little and Middle Spokane River Basins under Chapter 90.82 RCW was initiated
b_y the City of Spokane; Spokalle County; Steveiis County, Pend Oreille County, \N`liitworth
Water 17istrict, and Vera Water anci Powcr. With SPokane County as the lead entity, tllese
initiatina governments and representativcs of roughly fiftecn other interests bcgan watershed planning ef-Torts under Chapter 90,82 KCW in 1998. 1 he group el ected to fncus on water
quanciiy issucs (required under Chapter 90.82 RCW) aud instream 8ows (optianal under Chapter
90,82 RC`V).
The WR1A 55/57 Planning Unit oversaw severAl tecluiical assessments under Phase II fiinding.
t1 preliminary assessment of existing infonnalitan for NVRIA 55/57 was completed in JunE 2003,
and a more detailed watershed simulation model was c.omplctcd in Pebruar)! 2004. Instream f1ow
studies werc coiilpleted in December 2003 far the Little Spekane River and in June 2004 for
puts of the Spokanc River. Additionally, a mulli-purposc storzge assessment was comple•ted in
I)ecember 2004.
The WR1A 55/57 Pl:ulning Unit approved lhe Watersheci Mauagement Plaii on July 6, 2005. "I'he -
Plan wa.s adoptcd by the Conlmissioncrs of Pend Oreille; Spokane, and Stevens Counlies on
Jfuiuary 31, 2006. 2
~ From the Executive Stunmary:
This 17ctailed 1inplementation 1'lan (D1P) is a bluepruit for coordinating and implementing the
recoinmcndations ouelined in the Watcrshed Management Plan for thc Little and Middle Spokane
TZiver Basins. These 107 recocnmendations address central issuES to water resource maiiagement
in the I,ittle and Middle Spokane River Basins: water conscrvation, rer•lamation, and reuse;
instre.arn flow needs for the Middle and Little Spokanc Rivers; domestic exemPt wells; water
rights and claiTns; ancl stratcgics for river baseflow and ground water recharge augmentation, as
wcll as approaches to plan implementation.
Many of the proposed actions depe.nd upon the cooperation of local residents, businesses,
governments and other entities. General recoIIUnendations include the following:
1. Watcr conservati4n, reelanlation, and reuse
2. Instream Flow needs for the Micldle Spokanc River
3. Instreain flow needs for the Littlc Spokane River
4. Domestic Exempi wells
5. Water rights and claims
6. Strategies ror Base f'low augmentation
7. Strategies for Ground wafer recharge augmentatian
Approaches to i'lan implementation
(End Executive Sunimary)
The TaT_P contains a Memorandum of Agreement (ViQA) for all governmental entities, non-
governmental organizations, and other inierested parties to have input into the local watershed
~ planning process as provided by Chapter 90.80 RCW. The goal of thE collaboration is to rEach a
collective understand'ulg on the devclopment of a Detaileci Implementation Plan.
The v10A is not an Intcrlocal CooperaCian Agreement; hoNve.vec such agreements may result
froni the collaborativc process supported in the MOA.
Attached is a copy nf the MOA.
3
[space rescived for file number -
Attachments:
Appencltx A, .Implemeniation Team 1V1'em.hers 212012008
MEMUR.ANDUM OF AGREEMENT:
FOR IMPLEiU1ENTING THE ]7ETAILED IMPLEMFNTATION Pi.,AN F'OR
VJRIAS 55 8s 57
THE LITTLE AND MI]7I7LE SPOKANE WATERSHEllS
1. WHER_EAS, Chapter 90.$2 RCVJ concerns Watershed Planning.
It provides for a collabora.tive process far participating governmental
Entities, non-governmental organizations, and other interested parties to
implemenk the local watershEd plan; and
2. WHEFZEAS, khis Memorandum of Agreement (MOA) seeks to
furthcr that statZttory process with respect to watershed plan
implementation for the Littlc and Middle Spokane VVatEr Resources
Tnventory Areas (WRIAs) SS & 57; and
3. VVHER.EAS, the 13roces5 in ch. 90.82 RCW and this MOA is not
intended to formally determine or resolve any legal dispute abauC water
rights under state or federal law. Instea,d, it provides for an alterna.tivc,
voluntary means to engage in cooperative planning and managing the
use of Washington's water rESOUrces; and
4. WHERFAS, effective watershed plan implementation cannot
take place without participaL'ian of government entities, non-
governmenta.l organizatiQns, and other interested parties «ithin the
WRIA; and
5. WHEREAS, as the result of the work oC a Planning Unik
established to initiate the watershed planning process, the Little and
Middle Spakane Watershed Managemcnt Plans (ver. 5/ 16/2005), also
"Plan" or "WRIA Plan", were drafted and have been adopted in joint
session on January 31, 2006 by the Pend Orcille County I3oard of
Commissioners, Spokane County Board. of Commissioncrs, ancl the
Stevens Co-unty Board of Commissioners; and
6. WHEREAS, the Little and Middle Spokane Watershed Detailed
Implementa.tion 1'lan (D1P) to implement thc WRIAs Plan was approved by
the Watershed ImplEmEntation Team (WIT), a successor of the Planning ~
Unit, as further described belraw in Sections 2 and S, on 20 February
2008
VJ1tlA 55I57 Phase fV N40A, V17 1
NOW, 'I`f-ICREFORE, the pa,rties agree as follows:
1.0 Purpose: The purpase of this MOA is to further implement the
Litt1E and Middle Spokane Watershed Management Plan (ver.
06/ 16/2005) and the Little and Middlc Spokane Detailed
Implementation Plan (dated 02/20/2008). This MOA is not an Interlocal
Cooperation AgreemEnt under ch. 39.34 RCW although such Interlocal
Cooperation Agreements and other Agreements between the signatories
and v&rith third parties may result from the collaborative procESs
. supported in this MOA ("Resulting Abrccmcnts"; sce provision 6.5).
2.0 Definitions:
2.1 "ConsEnsus" means unanimous agreernent.
2.2 "Detailed Implementation Plan" or "]71P" has the same meaning as
used in RCVV 90.82.043 and RCW 90.82.048, as the document vvith the
st-rategies implementiing the WRIA Plan. For references to the WR1A Plan,
see the Little and iVlidcile Spokane Watershed Management Plan below.
2.3 "ImplcmEnung Party" is any entity, including but not limited to an
Indian Tribe, agreeing to participate and having legal authority to
~ contract to implement elements in the DIl'. An Implementing Party may
be eifher an Implementing Government or an Implementing Non-
Governmental Member (NGM). These groups are further describcd:
2.3.1 "Implementing Governments" arc thosc governmental
entities, including lndian Tribes, having a role in Plan
implemenfiation as described in the DIP, with lcgislative and
regulatory authority tio perform such role, whose jurisdicxion liEs
wholly or partly within the boundaries of WRIAs 55 & 57, and who
are signatories to this MOA. For the purposes af participation in
the WRIA Plan and DIP, Ecology represents only itself. This shall
not prevent 4ther State Agencies frdm joining this MOA by writtcn
agreemen.t.
2.3.2 Implementing NGMS are non-gavernmEntal pcrsons or
entities entering inta contract~ual relationships to implcmcnt
elemenrs as identified in the WRIA Plan and DIP. An implementing
NGM need not be a Watershed Implementataon Team member.
2.4 "Implementation Matrix" is a document showing all recommEndEd
elEments of an approved WRIA Plan as the final step in plan development
and recommendations, as further explained in Section 6.3.
0 2.5 "ImplemenLing rules" has the definition in RCW 90.$2.020 (2)1.
' RCW 90.82.020 Definitions.Unless the contexft clearly requires othervvise, the definitions in this
section apply throughout this chapter.
WRIA 55/57 Phasc IV MOA, V17 2
2.6 "Inidating GovErnments" are those local governments initiating the
Vllatershed planning proccss as identificd in RCW 90.82.060(2) for rhe
area designated by the Washington State Dcpartment of Ecolagy as
WRIAS SS 57, also known a.s The Little and Middle Spokane Watersheds. They continue as Implementing Governments and
signatories to this MOA, ta vNrit: Pend Oreille County, Stevens County,
Spokane County, Vcra Water & Power, Whitworth Water Dist'rict #2 and,
the City of Spokane.
2.7 "Lcad agency" is that entity that shall canvene the Watershed
Implementation TEam (WIT) and a.dminister the Fhase Four Watershed
Planning Grant Funds [Ref. RCW 90.82.040(2)]. '1"he Lead agency
contracts for services, using funds available under ch. 90.82 f2CW or
contributed through other sources. Thc Lead agency ha.s no power i;ca
bind anothcr Government wichout its expressed writtEn consent, through
its governing body. The Lead agency shall likewise be responsible for
application and management of grant funds for purpose of th_is MOA.
Designation oC a. Lead agency does not limit r.he option of anot'her
Governmcnt to apply for ancl manage grant funds for plan
implementation. [Cross refcrence, RCW 90.$2.060 (6)]
2.8 `Minimum instream floNd' has the definition of RCW 90.$2.020 (3)
(Fn. J.). ;
,
2.9 "Planning Unit" «+as a committee formed pursu.-Lnt to Chapter 90.$2
RCW by the Initiadng Governmcnts to initaate l'he ch. 90.82 process,
which resulted in the adopted the Little and vliddle Spokane Watershed
IUIanagemcnt Plan (the Flan). For the purpose of developing the Detailed
Implcmentation Plan to implement The Little and Middlc Spokane
Watershed Managerncnt Plan (ver. 06/ 16/2005), the Planning Unit was
replaced by the WatershEd lmplementai:ion Team (WIT) as further
described belaw.
(1) "Department" means the department of ecology.
(2) "Implementing 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) "Minimum instream flow" 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 utility" 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 behaff of
a county. (6) "WRIA plan" or "plan" means the product of the planning unit including any rules adopted
in conjunction with the product of the planning unit.
W1tIA 55157 Phase 1 V A40A, V 17 3
2.10 "The Little and Middle Spokane Watershed Management Plan (ver.
~ 06/ 16/2005)", sometimcs also referenced as the "Plan" is definEd in RCW
90.82.020 (6) with respect to VVRIAS 55 & 57. It includes any rules
adopted in conjunction with the product of the Planni.ng Unit.
2.11 "Watershed Implementation TEam" (WIT) is the successor of the
Planning Unit, formed for the p-urpose of implemendng the Little and
Middle Spokane Watershed iUlanagcmcnt Fla.n (ver. 06/ 16/2005). WIT
membership is listcd in Appendix A. The membership list may be
a.mended by itis members as provided in Section 5.
2.12 "VJRIA" is awater rESOUrcc invEntory 1rca, as providcd for undcr
RCW 90.82.020 (4). This MOA concerns WRIAs SS & 57.
3.0 Governments Scope: Watershed 1'lanning for WR1As 55 & 57
includes an opportunity to receive state grant funding, when local match
funding can be met, for DetailEd Implementation Plan (DIP)
implcmentation a.s provided for in Cha.pter 90.$2 RCVV and RCVV
90.82.040.
4.0 Lead Agency: Spokane County is the L.ead agency under this MOA.
The Lead agency shall administer the grant funds and contract Ior
services to support implementation of the plan. Froject budgets and
~ uc.iliiation of consultants shall be agreed upon by the WIT per the
process clescribed in scction 6.0 of this agreement.
5.OWatershed Implementation Team (WIT): The WIT is composed of
the parties signing this MOA and fhose members of the WRIAs 55 8r,
57 Planning Unit, when the Planning Unit a.pproved the Little and
Middle Spokane 17etailed implementation Plan during the Planni_ng
Unit mceting on February 20, 2008, all as listed in AppEndix A.
Fufure membership may be amended in accordance with this MOA.
5.1 Partiies in Appendix A have appoinfied a represent•ative or
representatives to the WIT. New non-governmental
representatinn in the WIT may be developed a-, outilined in
Scction 5.3. Ea.ch mEmbcr of the WIT is rESponsible to appoint
onE prima.ry rcpresentative and as many altcrnatES as dESired.
Alternates may serve in lieu of the primary contact.
5.2The appointed Represent.atives of Implementing Governments
shall be voting members of the WIT. UVith respect to NGMs,
after a person desiring to participate in the WIT has attended
three consecutive regular WIT monthly mcEtings, the WIT may
accept such person as a voting member by a vote of the VV1T
members pursuant to sec. 6 of this MOA. In voting to accept a
WIT ca.ndidate, the WIT shall bc guidcd by considerations of
assuring that water resource user interests and directly
involved local-level inCeresti groups have a fair and equitablc
WRIA 55/57 Phase IV MOA, V 17 4
opportuniiy tio give input and direction to the process. (Cross
referencc, RCW 94.82.030 (1)1
,
J
5.2.1 An existing NGM representative may bc removed from
vating status if such person misses thrEE consecutive regula.r
WIT monthly meetings. A motion to remove is introduced at a
regular WIT meeting. Thereafter, the Lead agency and/or a
designee shall contacf the party in question, no less than 10
businESS days before the next regular meeting. The majority of
the WIT members in attendance at the next regula,r meeting
may thEn termina.tc voting membcrship by majority vote. A
removed NGM representa.tivc may join aga.in as provided in 5.2.
5.2.2 WherE a voting Government represcntadve on thc W1T
missES three consecutive regula.r monthly mectings, writtcn
natice may be given to sa.id party of intent to removc voting
status at least 10 business days Uefore a regular monthly
meeting cvhcrE the question is to be considered. At such
meeting, the removll must be approved by a majority of the
WIT mcmbers in att:endance and the a.ppointing Government
shall then be given writtcn notiice of such action. ThE removal
cioes not became effective unlcss the appointing CTovernment
fails to apnoint or reappoint a representative within sixty (60)
days of bcing notified. The appointing Govcrnment can a.ppoint
a new representative or reappoint a removed representativc
with fu11y restored voting rights at any kimE thereafter.
5.2.3 Government withdrawal: sce section 8.3.
5.3 The WIT may adopt rules for operation, decision-making, and
membership to supplement those presented in this MOA but nal' in
conflict wifh the MOA.
6.0 Process for WIT Decision Approvals, Annual Report:
6.1 Implementing Government Members. In so far as possible,
all dECisions of a quorum of the WIT will be by Consensus, but
the lmplementing Governmcnt (IG) representatives must rcach
Consensus, cither aC a WI'T` meeting or in writing, if an
individual 1G represcntative is unable to atitend a particular
mEeting. In a.ciclition, no decision may bind a.n3T Implementing
Gavernment to an obligation without writtEn appraval of its
governing body at an Open Meeting, wiYh the Exception of state
a.nd fcderal agencies, whose representatives may ha.ve authority
to agree to obligations. For the purposes of this MOA,
_
"Obligation" is defined in scc. 6.4. '
6.2 Non-Implementing Goverament Members. Where Conscnsus
has been reached among Implementing Government
WRIA 55157 Phase IV MOA, V 17 5
representatives bui: cannot be reached a.mong other WIT
~ members, approval for pu.rposes of participation of such non-
government members shall be by majority votc among those
non-governm.ent members in attendance at a meeting a.nd shall
decide the issue for such members. Such approval may be
determined by majority vote of the WIT members attend_ing a
meeting, bui: the question to vate on this issuc may not be
considercd unlESS it is calleci for at a regular meeting and
deferred for vote until [he next regular mceting. In addition, the
matter shall be noted on the agenda, distributed not less than
three (3) business da.ys prior to the meeting at which the vote is
taken.
6.3 Implementation Matrix. The Plan included an
Implementation Matrix which sets forth Issues and
Recommendations. The Detailed Implementa.tion Plan (DIP) is a
more specific list or brEakdown of individual Implementing
Entities' (Governments and NGOs) duties and responsihilities,
as more fully explainEd below.
6.4 "Obligation" means a.ny rcquircd action that imposes fiscal
impact, a re-deployment of resources or a change of exisfing
policy. (Cross reference, fn. 1, RCW 90.02.020 (2).)
~ 6.5 Resulting Agreements; AdJ'ustments.
6.5.1 In furtherancc pf this tUIOA, there may be agreemcnts
between ICis, NGOs, signatories hercto and third parties, or
combinatians of the aforementianed. Thesc Resulting
Agreements may havc specific requirements, depending on the
needs.
6.5.2 This MOA envisions a general collaborative process which
may be subjcct to adjustment as to details. As Resulting
Agreements are developed, obligations may be stated in one or
more categories or classes of expcnditures, which may bs
subjcct to acijustment as 1'lans are being implcmcnted and
based on WIT dccisions.
6.5.3 Resulting Agreements may providE for realloca'on of
programs, obligations or expenditures Nvithin a given catiegory,
subject ta an overall, not to cxcecd maximum amount, for th.e
enYire term or within a given calendar year. In general, it is the
intent of this MOA, and the Resulting Agreements may so
provide, that such reallocation as a result of WIT dECisions or
~ othenwise not exceEd fifty thousand ($50,000) within a given
calendar year for any one party without further express
approval of its approval auL'hority, or in the case of an IG, its
governing body.
NMA 55157 Phase IV ,UIOA, V 17 6
6.6 Fulfilling Obligations. An lmplementing Government which
accentis and completies an obligation as specified in the DIP
shall be regarded as having fulfillcd its responsibilities for thcse
issues, recommendations, and/or strategies under the
Watershed Management Plan or other related regulatory
requirements during the finitc terms specified under the DIP.
6.7 NGM Consent. iVGMs may consent to element(s) of the actians
that impose an obligation on such NGMs by written a.pproval of
their governing bodies. This shall not preclude a.ny requirement
for a contract'ual agreEment for NGM Implementers to utilize
funding from an Implementing Govcrnment.
6.8 All technica.l dccisions cvill be based on best available science.
For purposes of WaCerShcd Planning in WRIAS 55 & 57, the WIT
«rill use the criteria in WAC 365-195-905. For such elemenCs
that include implementa.tipn by Indian Tribal agencies, be$t
available science criteria may bc modified to include best
available science dctcrminations by triUal natural resource
lgencies or departments.
6.9 Technica] advisory group(s) and/or work group(s) may be
esta.blished b}r the WIT l'o provicle repoa-tis a.nd recommenda.lians `on specific issues. '
6.10 Annual report. On a_n annual basis, beginning no later than
1 May 2009, anci thEreafter on May lsi of each year or the next
busincss day if IVIay 1 is nat a business day, the Lead Agency
will cleliver ta the W1T members a draft report detailing:
a) the previous calendar years progress in meeting plan
goals,
b) noting a_ny proposEd changes in the Detailed
Implementation I'lan, and
c) any proposed changes in the Watershcd Management
Plan.
6.11 WIT Approval, further procedures.
6.11.1 The annual rEport will be considered Uy the W1T within the
sixty (60) days for approval. If approved by the WIT, the rcport AU
Ue forwarded to all participating parties and Implementing
GOVernments.
6.11.2 Upon approval by the WIT, proposed Plan changes will be
considered final afrer Lhi.rty (30) days unless an Implementing
GovErnmenti or a majarity of the non-government participants
WRIA 55157 Phase IV uIOA, V17 7
submits a written request to the WIT that the proposed changes go
C) through a formal a.daption process, subject also to provision 6.5.
6.11.3 The formal adaption procESS is the process followed when
the original plans were adopted except that for Watershed Plan
amendment approval separate approval by the Coundes will serve
in place of a joint meeting approval. In addition, the parties
understand that the requirements of the Washington Stale
Interlocal Cooperation Act. RCW 39.34 must be followed where
applicablc.
?.O Funding:
7.1 Consistent with ch. 90.82 RCW whcre applicable, grant funds,
match and staff or other contributed resources may be used for
any purpose approved by the Grant Authorit5~ and the
contributing encities, including the preparation of technical
rcports for review by the WIT and/or technicll committees
and/or focus groups as appr4vccl by the WIT. The budget will
also be reviewed and approved by the WIT.
7.2 Participation in the WIT and/or technical comm.ittecs and/or
focus groups by all participants, including officials and staff,
~ shall be contributed ti.me not eligiblc for reimbursement from
grant fttnding unless expressly approved by ImplEmenting
Governments, consistent with the provisians of Chapter 90.82
RCW.
7.3 The Implementing Govcrnments recognize the financial burden
watershed planning places on smaller units of governmen.t and
support their Effort to secure outside sources of fundiTlg to
ensurc Effective participation hy these entities.
8.0 Duration:
8.1 This MOA bccomES effective on the date as provided in scction
11 and L'erminates 4ycars aftcr such clate.
8.2 Not withstanding 8.1, by writiten agreement signed by all
parties to this MOA, this N10A may be extended an additional
period as agreed, not to exceed tivo (2) years.
8.3 Any VVIT Member may witlZdraw from this MOA and the
planning process at any time. If any member withdraws, that
~ member shall not be deemed a party to any plan elements or
agreement produced. Withdra-,val must be by written notice to
the Lead Agency, effcctivc thirty (30) days after rcceipt of notice
by the Lead Agency. Upon receipt of notice, the Lead Agency
WRIA 55/57 Phase N MOA, V 17 8
shall communicate the sa.me in writing to all signatories witihin
ten (10) days. Awithclrawing party shall not be entitlcci to any
refund or withdrawal of funds or resources obligated under thiS `
MOU absent consent of the affected signa.torics. The
cvithdrawing party's unobligated funds or rESOUrces shall be
released to the withdrawing party.
9.0 Modification: This IVI0A may be mociified or amended only by a
subsEquent written documcnt, signed by all participating parL'ies.
10.0 Preservation of Rights:
10.1 The parlies acknowledge that Chapter 90.82 RCW provides that the
planning process shall not rESUIt in provisions which conflict with
federally reservcd tribal rights. They agrce that tribal participation in
this process shall nok canstitute an admission or agreement by the
part'icipating tribe that any esi:ima.kE of fEderally reserved tribal rights are
binding on it, txnless the affected trihe expressly so agrees in writi.ng a.t
the conclusion of the process, and such tribal agreement is approved in
writing by the appropriatc agency of the United Statcs Government (e.g.
Bureau of Ind.ia.n Affairs).
10. 2 Reports and data from original studies canducted by or on behalf _
of the WIT are public records pursuant to 40.14.01.0 RCW (presenTation
statutie). _
11.0 Effective Date:
11.01 This MOA shall become effective and cammence upon executian
as explained hereina.fter. After the Lead Agcncy obtains the signatures of
the ImplEmcnting Governments listed below, it gives written notice to all
the rema.ining participants. The date of such notice is the
commencement date. The dcadline for giving khis natice, is May 1, 2008
unlcss extended by consent of the participants.
11.02 In the event the Lead Agency determincs, after a reasonable effart,
that it is not possible to obtain the signatures of all parties listed, it shall
communicate the samE to the remaining pa.rties in writing. Any group of
remaining partics may then agree to condnue with the Agreement as
above provided.
.
~
WR.IA 55157 i'hase ItiI MOA. V17 9
IN WITNESS WHEREOF, we the undersigned have executed this MOA as
~ of the date as indicated.
PEiVD OREILLE COUNTY:
By: l7ate:
Dean Cummings, Chair
SPOKANE COUNTY:
By: Date:
$onnie Mager, Chair
STEVENS COUNTY:
$y ; Date:
Tony Delgado, Chair
CITY OF SPOKANE:
By: Date:
Mary Verner, Mayor
~
WHITWORTH WATER I7ISTRICT #2:
By: Date:
Irene AndersAn, Chair
VERA WATER & P(7WEFZ:
By: Date:
Rob QEflein, Chair
SFOKANE AQUIFER JOINT BQARD:
By: Date:
Ty Wick, Fresident
WASHINGTON STATE DEPT. OF ECOLOGY:
~ By: Date:
Grant Pfe'tfer, Regional Director
WRIA 55/57 Phase [V NIOA, V 17 10
C1TY UF SPOKANE VALLEY:
, J
gy; Date:
Richard Munson, Mayor
CITY OF LTBERTY LAKE;
By: Date: Wcndy VanOrman, Mayor
CITY QF DELl7 pARK:
By: Date:
Robert Whisman, Mayor
TOV11N OT MTLLWOOD:
;
B y: laa.i:e: I7aniel N. Mork, Mayor
SPOKANE COIJNTY CONSERVAT[ON DISTRICT:
By• Date:
Gcrald Scheele, Chair
The Lands Council:
By: Date:
Mik.e FEtErson, Executivc Director
V4'RlA 55/57 I'hase 1V MOA, V 17 11
~
Approved as to form: Appa-oved as to form:
Rabert G. Beaumier, Jr., Ron Arkills,
flssista.izt City Attorney Dcputy Prosecuting Attorney
Ci y of Spokane S okane Coun
Aftesf: - Atrest:
Terri Pfister Daniela Erickson
City Clerk Clerk of the Board
Ci af S okane S okane Coun y
Approved as to form: Approvecl as to form:
~
Attest: Attest:
Approved as to form: Approved as to form:
AL'Cest: Attest:
~
WRIA 55/57 Phase 1V MOA, V 17 12
Attachment A
~
" Name Representing-
Nlike Lith ow Pend Qreille Coun y
Cla l White Stevens Coun
LIoyd BrewerllCris Graf City of S okane
'I"odd Hen y / Steve Ski wrort.h Vera Water & Power
Susan McGeorge Whitworth Water
Ro«er Krie er City nf lleer Park
Cleve McCoul Town of Milhvood
Nia y Wren Wilson Cif oPLiberty I.ake
7'avis Schmidt City of S okane Valle y
°1' y Wick S okane A uifer Joint Board
Walt Edelen / Rick Noll S okane County ConsErvation DiStrict
S3ra Hunt State Caucus / Ue artment of Ecolo gy
L7ave.Jones Spoka1e Count 1'lannin g Comm.
Brian Walker / Vlike Peterson The Lands Council
l'im Vore Avista Utilities
Tom Wim y L7iamond Lake
Gre T Sweene Eloika Lake Assoc;iation
Jeff Stonns Sacheen Lake Im rovement 17istrict
Howarcl R.owle Hnrseshoe Lake
Dou l Rider S okane Count y Water Conservancy Board
Stan Miller Resident
Rob Linclsay/ Reanette Bocse S vkane Count_y
~
WRIA 55/57 Phasc I V MOA, V 17 13
~ Ccirv ar•,7 PubJic Works Department
bJ~o11a1ie Capital lmprovement Program
~
..;0oOValley IL 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206
509.421.10+00 0 Fax: 509.921.1008 0 cityhall@spekanevalley.arg
Infiormational Mem%o
Date: August 20, 2008
To: Davre Mercier, Mfke ,lackson, City Council Memaers
Frorn: Kan Knuison, Project Manager /
Steve bVorley, Senior Engineer - IP
Neil Kersten, Public Wor9cs Director ~
Re: Barker RQad Bridgs Project - Department of Fish & Wildlife Mitigation
The City of Spokane Valley receivetl A Feciei-al Bridge Replaceinent grant for rcplacement of the
f3arker Road Bridge aver the Spukane River. Because the Spokaiie River is fish-beai'ing, the
Vdashington Department of Fish and Wildlife (WDPW) requires a Wydraulic Projcct Approval
(HPA) permit which was issiied fc►r this project in December 2007.
0 I'rovisions in die i-T.PA allow work wat}lin the river between June 15 and August 31. 'The work
necessary to demalish the old bridge a«d construcl the iietiv bridge reqllires more `in river' time
then the HPA Allows. Theiefore, according to the HPA, Additional work in the river outsicle fhese
dates requires mitigation for impacts to fish life.
This was anticipated during the ilesigii phase of the project and Nvas incorporated into the project
spccifications aiid the project budget. We arc, nowwarking with the WDFW and our Contractor,
Morgan & 4swood, to deterriiine the level ofi impact to the rivcr and appropriate mitigation.
All parties involved have agreed to follow a mitigation strategy similar to wliat was usect by
Spokane County wlien the ~-gortne Rofld Tiricige was reconstructed. This pr'ocess involves I)
identifying a reasonable mitigation fee for impacts i'i•om our project, 2} this fee would be paicl to
the Spokane Count}, Canservaiion Disttict (SCCD), and 3) the SCCD WOl11Cl U5C Lhe58 17jlUgAtl0I1
funds, along with sociie of theix other fimds, to develop and improve fish liabitat eisewhere on the
Spokane River where it can be more effective.
Our bridge design eonsultant, CH2M HILL, has preplred a draft mitigatinn assessment repoi1
outlining the construction activiiies, methods for minimizing impacts to the Spokane ltiver and a
proposed mitigation fee. A draft inemorandum of agYeement has also been developed beriveen
the City of Spokane Va11ey,NVPFW and SCCD.
A copy of the draft assessment report and the draft agreement are attached fnr your infonnAtion.
No -work within the river can occur before this agreement is signed by all pailies. Therefore, we
are tittempting to ge:t approval to execiite tbis agreement as quickly as possible so as not to tlelay
O the project.
i
I
Provided thers is consensus among Council Iviembers, staff proposes to present this informativn
as an rlction Item fbr appraval on the September 2, 2008 agenda.
Ylease let us kno-oi iPyou have any questions.
i
I
~ PAEMORANDUM CH2NIHILL
Sarker Road Bridge Mitigation Assessment
To: Jeff Lawlor/blrashington Sl'ate
17epartcnent of Fish & Wildlife
coPIES: Steve Worley/City of Spokane Valley David Jellum/Morgen & Oswood
Ken Knutson/City o.f Spokane Valle}' Dave Tadd/Morgen & Osivood
Greg Qswo4d/lviorgen & Oswood Jim Di.ngfield/CH2M H1LL.
FROOn: lVIarlena Guhlke/CH2M HILL
DATE: AUguSt 20, 2008
PROJECT NU6IBER: 332963.CS.CM
1.0 Introduction
The City of Spokane Va11Ey (Spakane Valley) has conlracted with Morgen & Os-wood
(M&O), For tlle Barker Road Bridge Replacement Prpject (replacing the existi.ng 2-lane
~ bridge structure with awicler 4-lane bridge struciure over the Spokane River, and the
praject includes sidewal.ks and bicycle lanes). As part of the construction, a Menrorrtndu»x of
Apreentent fnr Spokcrne 1'Liver AcJuaEir. Irnpnct Mitigntion must be prepa.red and signed by the
affected parties: Niashington Sl•al•e Depaetment of Fish & Wildlife (N15F&S), Spokane
Valley, and thc Spokiine County Conservation District (Conservation D.iStrict). It may ail.so
be necessar}' for a sepa.rate cnemorlndum pf agreement ar eonskruction contract c11au1gE
order to be enacted ben-veen Spoklne Valley and M&O.
The purTose of this Mitigal-ion Assessment is tv dctcrmine the compensatoiy n-titigation for
Spokane Vallep as acondition of the hydraulic project approval (HI'A)110492-3, issued on
December 3, 2007. The c4mPen5atory mitigation will be detcrn-i.ined based qn anticipated
inlpacts a.ssociated with conskruction activilies (work).
2.0 Mitigation Impacts
Mitigation impacts are deEined as those that will occur in the river water below tlle ord"ulary
high water line (OHWL) when proposed work or aetiviky is:
• Outside of the approved work wuldow as established by khe approved HPA, issueci
December 3, 2007
• Tn confliCt with any ather provision of the approved HPta, issucd Dccember 3, 2007
• In conflict with the Ntitigation I'ol:ieies of WSF&jN as pEr techn.ica] memorandum dated
0 January 18,1999 (POLrM5002)
TIh1.IITIGATION ASSESShS-ctCf-0&2W]B ~
9ARKER ROAp BRIDGE AIIYIGATION PSSESSI/E?IT
2.1 Working Outside of the Approved Work Window
The approved work windorv issued under the HPA is from June 15 tllxough August 31of
2008 and also the sanie time period for 2009. Table 1 is a summary nf work aeHvities that arE
anticipated to vccur outside of t}ie approved work window with anticipatcci duration Qf
these acl7vities (bascd on proposed construction schedule atlached), and comments related
to mitio-ation mcasures that will be implemcnted to avoid or ininiu-Lize impacts to fish &
aquatic habitat. PotenNal duration datcs in Table 1 are based on thc contractor's submittEd
schedule, and currently, thc cantractor is behind schedule.
TABLE 1: SUMPAARY OF WORK ACTNITIES
Hnticipated Work Occurring Outside af the HPA Approved Wortt U14ndaw (June 15 - August 31, 200$-2009)
Work Activity Potential DurationI Mitigation Measures
Remove Existing Bridge August 5- September 16, A debris collection tub, suspended by cranes under the
Superstructure 2048 work construction area to capture all bridge demolition
and debris, vrill prevent bridge pieces or debris from
dropping into the river. All bridge partslpiecss and
debris +vill be captured, dumped into trucks, and hauled
away to an approved disposal site_ Largs bridge parts or
pieces will not be ctropped into the river and then
retrieved for disposal as currently allowed by the HPA.
Instsad, large bridge parts or pieces will be removed by
crane.
Onty 2 weeks outside of approved wor1c window,
which would happen in the fall under a late finish '
scenario. No contact with river water is anticipated
throughout duration of work activity.
Install VJork Bridge August 8- September 8, Steel pipe support piles will be capped with a conical
(Main Deck) 2008 point to prevent sediments from eniering the pipe and
later being released into the river when the piles are
removed. All piles will be driven and removed only once
(a series of installing and pulling pipes is not
necessary).
Creosoke treated timber (8`x16"x30') is proposed by the
Contractor for the decking_ (This is not currenUy albowed
in the permit,) 7he treated timber will be encapsulated
vJith an impervious wrapping that tivill be securecl in
place and completely covered with wood sheeting. Tliis
cover will protect the timbers from chipping, i.e. if track
mounted equipment operates on the worlc bridge,
setting of equipment outriggers, etc. The wrapping and
wood sheeting combineQ will provide an impervious
surface that will remain strong and secured in place,
preventing any contact of the treated timber vrith
precipitation and protecUng the river water.
Should any timber be dislodged from the work bridge -
structure and dropped into the river, adciitianal
mitigation compensa#ion vJOUId be assessec! (see
Section 2.2 and Section 3.0 for further discusYion).
Only 1 week outside of approved work window,
which would happen in the fall of 2008.
7nVN1TICa4TiOtf ASSESSMERT-oF~zO-oe 2
BAr,4(ER RO,Id BRIdGE MITICv4X10N AS3~5$~iNY
~ TABLE7= SUh9PAARY0FUV0Rl(ACTII+ITIE3
/utkicipa#ed Vdork Qoeurring Oufsideof ih e NPAApprowed U1'ark 4Vint€otiv {June 15- Avgust3i, 2008-2009}
Vltaek ACtivtty P4tBf'lt1aI DLII`dtlOf11 MItlgatlon Nleasunes •
Install Laterals on Vk+ork Seplember 1- Lsterals will be cans#ructetl on lhe work bridge,
Bridge SepZemlaur 16, 2008 exiending frou,7 lhe main wark bridgE~ deck along each
side of the in-river piers_ These laterals will be
conslructed in a manner similar to ihe mein work hridge
wi#Fr treated tirnbers encapsulafied a nd covered wi#h
wood shee[s.
On3y 2 weeks outsida of approved wark windaw,
which would be in the fafl of 2008,
Rernove Exislirrg Piers August 21. 2008 - Exisling piers 2-6 will be remaved afEer a sheet-pile
February 25, 2009 cofferd~im has been buift around each pier to a dep#h of
abouk Z-#eet in #he river bed. The shee#-piles will be
constructed in stages_ After the first pier is aantained
and while that pier dernvliti❑n accurs, tne shee#-pile
cvn#ainrnent Fof the secand pier wi11 be oonstruc#ed-
Whers #he demaliGon wark is done on the first pief, #he
sneet-pIlewlll be removed and loceated afound the P
pier, and this step-by-step process continues unkil aq
~ Fve of the existing piers are oontained and removed.
The spread footings fpr each existing pierwill rernain in-
place.
The sheel-pile for Pier 2 is anticipa[ed to be consl ructed
b8fore August 315L. The ramaining sh"t-piles will be
placed outsitie of the appro++ed work window in stages
as described above, which will a11vw the remaval af '
eacisling paers to occur with no contac[ vd#h river water_
,411 debris wiChin the cofFerdRi rns will be removed,
durnped in krucks, and disposed autsade oi the river
r,}yannel. A rack dike or dam ro be used as a working 'piatfatm will nat be cons[ructed in the river as initially
approveCi fn the MPA.
Although th e existing plers will be removed mostty
vutside of the approved work window, all of that
work will he dorie inside oP the cofferda rns with no
con#actwith river water (exception, construction ~
and rerraaval of cofferdams will necessitate contact ~
with river water). Akl wnrk in the river watw r will be
compleLed by early speing, hefore the period of tirne
wh¢n rainbow troutspawn, and eggs incube#e and
emerge,
Construc[ Drilled S#rafts Septernber 9, 2048 - All new piers will be conslructed inside of kemporary
for New Piers 2 and 3 Ociober'15, 2008 casings. 7hese casings will be extend0 oSexcavatian
rnaves dowmward_ They will be oanstructed as quickly
~ as possible oukside of #he a pproved work yvindow, which
will a11ow the conslruction af new piers to occur wilh na
conUic# wilh river wa#er,
Th4,4dITIG4TSdM ASSESSc~ENF•0~~~ ~
I
Br~RKERROna aaiacE MiTic,AnoraAS~S9MENr
TABLE 1; SU M14ARY pF 1NO RK ACTiVIT IES
An#icipaled 41+ork Occurring Ovktiitle of the HPA Appraved 4Vork Windowr (June 15 - AuguSt 31, 2008-2009) -
Wark Activity Potential Durationi Mitigation Measures
All sediment wilhin #he casings will be remaved with a
clam shell buckel, dumped in #rucks, and disposed
outside of ihe river channel befare khe kemporary
casing s are r~! moved_ A rock dike or darn #a be vsed as
a working platforrn will nat be constfucted in the river as
inilially approved in the WPA,
. AC#haugh the new piers will be construcked outside
of the approved work window, all oF that work will
be done insiCfe oF temporary casings with no Con-
tact with riwer water ~Exceptions= I) construction
and re maval af ternp4rary casings will necessikate
contact with rfver water, 2} the clam shell operaticns
used #o rernove spolls for sh2ft const►uctian will
have some unavoidable drippings #h2i rnay cantar-t
riverwaterwhen transfeering the spoils from tha
interior of the casings to a standby truck that will
transport the spoils to an approved dispvsal site).
Al Sb, 3I I WOrk I[1 tfl$ rIV$f Wa kef WII I b$ COf11G}i $t$d by
early spring, before t37e perivd of time when ralnbow
#rout spawn, and eggs incubate and emerge ~hy
mid-Marth 2009}.
Cons#ruc# New Bridge February 26, 2QQ9 - Construclion af the nEDw hridge superstructure, including
Superstruc#ure Sepkember 2008 girders, diaphragms, and bridge deck, will nol involve in-
river work or any activities in contac# with river water,
Remove Vti+ork BEidge June 77 ta Augusfi 31, Period of lime when #he Yrork bridge wi11 be remaved
2009 from ahe river bed_ This work will be done during the
@ pproved wark window. gi nd would include site
restora#ion (grading, dhannel re5tOraklon) wikhin fhe
OHWL,
hkp mitigation is eeGuired for #h is in-river work
because it would be c[ane within the approved work
wintlow.
'Because oF fhe d~, layed starl ot Che projeck, lhere is a potential for all tasF.s in khe schedule Fo shift, ending
Ei pproxirrislefy one month later thEi n what is snown in the attached schedule_ HaxVever, in every circtjmstence,
work in #he river will be conducked autside of Fhe period of ttrne vh en rainbow lrou# spayfn, snd eggs incubate
a n d emerge (river wvrk will be avotded from mid-March #hrough mid-June of any calendar year).
2.2 Conflict with Approved HPA, Control Na. 110492-3
The TvVSF&Vd issucd an EPA (Contral +o. 110492-3) on December 3, 2007 f or the Barker
P oad Bridge Replacement Froject. Table 2lists the prov isions o[ tb.i5 HPA that are propased
by Spokane Valley to be amended as f ollows~ ff'~
~
znusilVIGnTIQr+ pSSESSr.iErrr-08.~a.fl8 4
e,arrcER koAD eRioc-E ►uTic,anon assEssMENr
~ TABLE 2: HPA PROVISIONS
Propos,ed HPA Provisions to be Amended Based on Co,mpensstory Mitigatian
Provisions Comments
TIMING LIMITATIONS: TIMING LIMITATIONS:
1. Work in the water belrnv the OHWL shall only 1. Work in the rvater below the OHWL shall
oocur behveen June 15 and August 31 of occur outside of the work windaw (June 15
calendar years 2008 and 2009. Any work and August 31 of calendar years 2008 and
beloov the OHWL outside of these specified 2009) based on constrvcxion activiiies
vrork windaws will require a permit described in Table 1 and as shawn on
madification and will require additional attached schedule. Mitigation measures to
mitigatian for impacts to fish life. avoid and minimize irripacts to fish and
wildlife habitat are also described in Table 1.
2. Work over the ►aater within the limits of lhe Spokane Valley is requesting a modification
OHWL may occur anytime between March 1, to their HPA (110492-3) and are willing to
2008 and September 30, 2009 provided this provide compensatory mitigation (described in
work is aonsistent with all permi4 provisions Section 3.4).
and approved plans provided by the
applicsnt_ 2. Because of project delay, the work over the
water within the limits of the OHWL tivon't
occ7ur until some6me in late July or early
August 2008, and the project is expected to
be oomplete by December 30, 2009.
NOTIFICATION REQUIREIvIENT: NOTIFICA710P1 REQUIREMENT:
~ 2. The Area Habitat Biologist (AHS) listed beloev 2. The Area Habitat 8iologist (AHB) has heen
shall receive notification. changed from Karin Divens to Jeff Lativlor; it is
Jeff who will receive notifications.
4. Work shall be accomplished per plans and
specificalions approved by the WSF&W 4. The demolition plan was not submitted to
entitled JARPA and dated September 4, WSF&W earlier because it was unknovrn how
2007, except as modified by this MPA. Prior to the contractor planned to aonduct the
the slart of construction, a final set of plans, demolition. The conlractor is preparing the
inGuding plans for the diversion, will be demoliGon plan that must be approved by
submitted to WDFW. A copy of these plans CH2M HILL, and it will be submitted to
shall be available on site during construction. WSF&W as part of the plans and
specifications to be approved and follrnved as
part of the HPA. A disk containing electronic
files of the final construction oontract
specifications and plans was sent to WSF&VJ
on July 18, 2008.
EQUIPMENT EQUIPMENT
5. Equipment used for demolition and 5. The Temporary Rodc Access Dikes will not be
construclian within the OWHL shall operate constructed or used as part of this project.
stationed on the banks, Temporary Work
Platform and/or on 78mporary Rock Access
Dikes as per proposed access plans.
~
rn+-r.uTiGnnoraAssE5sPArrrr-ce-2a-as 5
BARKER ROAD BRIDGE IJJTIGATIOPJ ASSESSlAENT
TABLE 1: HPA PROVISIONS
Proposed HPA Provisions Eo be Amended Based on Compensatory Mitigation .
Provisions Comments
WATER QUALITY 4VATER QUALITY
11. Waoden oomponents used on the project 11. The Coniractor has requested permission to
shall not contain creosate or use timbers with creoso4e or
pentachlorophenol. This shall include pilings, pentachlorophenol as decking on the work
beams, structural supports, and decking. bridge. The Contractor has sufficient timbers
These componenis shall remain free of these on hand, measuring 8" x 16" x 30', for
toxic substances for the duration of their approximately 7,500 square feet of work
functional lives. bridge decking. 7hese existing timbers have
been in servioe on a temporary bridge
structure connecting gravel roads on another
project.
Spokane Valley has proposed to the
ooniractor, as a condition of approval,
encapsulation of the treated timbers with an
impervious wrapping that vJill be secured in
place and completely covered with wood
sheeting. This caver will protect the timbers
from chipping, i.e, if track mounted equipment
operates on lhe work bridge, setting of
equipment outriggers, etc. The wrapping and
wood sheeting combined will provide an
impenvious surFave that will remain strong and
secured in place, preventing any contact of
the treated timber with precipitation and
protecting the river water.
TEMPORARY WORK BRIDGE AND ACCESS I'ADS TEMPORARY WORK BRIDGE AND ACCESS PADS
29. Wooden components shall not contain 29. As noted above under WATER QUALITY, the
creosote or pentachlorophenol. This shall Contractor has requested permission to use
indude pilings, beams, structural supports, timbers vrith creosote or pentachlorophenol
and decking. These components shall remain as decking on the work bridge. The
free of these toxic substances for the duration Contractor has sufficient timbers on hand,
of the projecL measuring S' x 16' x 30', for approximately
7,500 square feet of worfc bridge decking.
Thess Qxisting timbers have been in service
on a temparary bridge structure connecting
gravel roads on another project.
Spokane VaIley has proposed, as a condition
of approval, encapsulation of the treated
/imbers with an impeNious wrapping that will
be secured in place and completely oovered
with wood sheeting. This cover will protect the
timbers from chipping, i_e. if track mounted
equipment operates on the work bridge,
setting of equiprnent outriggers, etc. The
wrapping and waod sheeting oanbiized will
provide an impervivus surFace that wiU remain
strong and secured in place, preventing any
contacf af the freated timber with precipitation
and protecting the river water and aquatic
habitat.
TA0NJTEGaTION kSSES&?AE1ff•C8-2408 6
eAMEa Ro,ao OaIocE uJncAno~rAssESWZNT
2.3 Canflict with thc- WSF&W A+1itigation Policy
Tite WSF'&W has a polity. !'O1,MSO02 Requirrlrg or 22ecuramerzdfng A!frtigatin-n_ No deviatians
from tMs polic}' lave been a.de~n b,Fied rela ted to Fhe Barker Roa d Brid ge R eplacement Projeck,
Therefore, tlleIe aIC It0 COriflLCtS WitF1 t}7e WSWAF II11~gatiQri p01iCy.
3.0 Corrtpensatory Mitigation
3.1 Summary of Impacts:
The City's Mitiga kion 1'lan is based orr khe folIowing su.mrna ry regarding poterttial impac ts
#o the Spokane R iver and aquakic wildlifc;
Y, The most signi,Ficant wnrk activity impac# is caused by warking outsidc of the
approved work w in dvw. Most of this work wil] be done wiFhout conkacting river
water based on d.ebris co Election syskems and debris r.cisnagement pro grams working
properly, artd based on ba rriey systems (casings artd sheet-pile cvf ferdams) th~twill
be carstrucke d ko j sol ate work activities from contack wi th nver water.
Mosk wor.k th atwould potentially occ~.zr in the ri.ver thatis outside of thc approved
vvork wixtdow would happen in the fa]I and w.inEer, when impact on fislt and
uFUdh Ee habita t is less than in the spring, Al,l demolition and constrtxckion wark tha k
would hsve coiltact with river xvake.r would be cornpleted before the period of tinte
when rsinbow trouk spawr~, artd. egp incubate and emerge. In othex words, ui-river
~ work would not o~~zr bet4veen rni.d-M a rdi to mid-June. Therefore, ixnpac t ta
ra inbow traut and other aqu a tic spec ies should be m;n;rnal fo n egl,igible,
2_ AnQ ther preposed work ackivity tha t has a potential adverse impact is the use of
cn~osote or pentaehlorophenol li.mbers fvr the work bndge decking. Contrvls will be I
iirtpiementr-,d (enoapsulaEio.n of lhe treated tiinbers with m impervious wrappulg,
, covertd and secured in plsce with wood shec-bng, ~nd recovery vf all ti=rtbers for
reuse) #o prevent toxi c coli tarrtiriation from ~tntering lhe ri ver_ Therefore, the impact
to aquatic species should b e nunimal to negligible. A~ny mi tigation fees associated
with this work ar-#ivi ty would be ui a dditioaz to the City's miti ;ati on impact fee
assessm en t ai,d will bL- paid by Morgen & Oswood.
Altltiouglt nlost construction in the river will be isolated a:n d not in contact with rivex
water, there is a pol~et~i tial Enr sediment release during l'he construction and renzoval
of casirtgs and sh eet-pile cofferdan-6, tund when pi].ings are dsiven irtto Fhr: rivex Fnr
the work bridge and latr-,r pulled. It is assu med that a reasor►able ciistance for
sediment pl.umes downriver from a source is approxirn ately 204 yards, Turbittity is
expecl+ed tci dissipate to background l.eveIs within hours or days, I# dorie careFulIy,
there shou ld be fi„in;r„a1 i_uxpact to aquatic spKies reIated #o these woA activit7es.
4. The corttracto.r has vpted 31at ta use art appro-ved HP A provisian, which allowed a
rock dam or clike in the x.iver to be used as a work platEoim duxing demolition or
construc tion. This decision will lesser-t adversi~ innpacts to aquatic species in tine nver
~ thart the approved HPA pi•nvision.
~
7:,PAMC;anora assESSh?E++f4No-o5 ~
9A.Rf4ER ROAD BRIOGE N1T*1T10N ASS=55h1EN'i
5. Shou_ld unfnreseen eircumstances occur that adversely unpact the rivee habitat (for ~
~
examPle, an exh•emelY scvere fLoodi.ng evenh that disladges treated kimber from the
work k.~ridge, and as a eansequence, treated linlbers tnter the rivzr), an impact fee or
mitigation measure(s) should be assessed by tiVSF&W for those lypes of
circumstances as they occur. 'r'hese costs/measure5 would be paid for or
implEmented by the Contractor (Morgcn & Oswood).
3.2 Mitigation Plan .
Spoklr►e Valley's Mikigation Plan will provide mit7gal-ion in two forms, l) a$20,000 City
nutigation fce (described in detail in Seetion 3.3) plus any additional fcc assessed upon
Morgcn & Ostivood by WSF&W for midgation associated with the use of 1reared timber and,
2) additional costs that are included in the contTacl with Morgcn & Oswood, whidl will bc
performed on sile to mitigatc thc short ter.m effec;ts associated with the work actixrities
described in '1"lble 1. These work aet7vities include mitigztion efforts i.n the water and those
about 7.00-feet landwxrd of the OHbVM (Foe examplE, rc-vegetation, BM7's for erosion
Conl-rol, and stormwater cont~rols and systems that were lacki.ng on l•he existing Barker Road
6ridge). Tablc 3 pr.ovides a list of mitigatian or river quality enhancement items a.nd the
contr3ct arnount a5sociated -with each.
TABLE 3: A9fTIGATION AND RIVER ENHANCEA7ENT PAEASURES
Mi6galian and River Enhancemeni Measures induded in Contraci vrith hAorgen & Osavood
Item Mitigation or River
No. Item Description Enhancement Features Dollar Value
7 Removal of Structure and Obstruction This payment item indudes site $24,250
enhancement such as removal of old (Estimate)
ooncrete bridge piers lying in the river
and on the north shoreline from a Full bid item
previous bridge. amount is
$48,500
S Remove Existing Barker f2oad Bridge This payment item provides river $175,500
enhancement by reducing obstacies in (Estimate)
the river and thereby also improving
the flow characteristics of the river. Full bid item
Five wall-shaped piers will be replaced amount is
with hvo pairs of 7-foot diameter $351,000
columns.
7his payment item also includes work
and equipment to remove the existing
strvcture in a manner that will protect
the river from debris, including a
debris collection tub to preven# all
debris and bridge parts frorn falling
into the river, cranes to support the
debris collection tub and for removing
large pieces of the bridge structure to
prevent dropping into the river. Trucks
will haul debris and other demolition
material to an approved disposal site.
Cofferdams v,rill be installed to isolate
pier removal work areas from the river.
T►bh1RIGhTIOP! kSSESSV.E?fi-0&2U19 6
BARI(ERROADEWOGE 1/7iIGAnoNASSESSMEM
~ TABLE 3: PAITIGATIOPd AND RIVER ENHANCEA9ENT MEASURES
h/litigation and River Enhancement Measures inctuded in Contracl vrith Morgen & Oswflod
11 Removal and Disposal of Asbestos Material Removes small quantiiy of asbestos 54.000
material from north shoreline.
15, 19, Stormvoater collection, conveyance, and f'roject provides stormtivater collection $84,758
20, 21, Ueatment ifems and conveyanoe to a new treatment
22, 23, and infiltrafion swale. Existing
24, 25, stormwater runoff from Barker Road
65, 69, discharges directly into the river
70, 71, without treatment.
72.96.
& 97
18 Uplands Fill Provides granular cap over existirog S4,290
shoreline material identified by
Ecology to have heavy metals
contamina4ion.
34 Work kccess - New Barker Road Bridge This payment item includes work to $50,000
provide a ternporary work bridge, (Estimate)
which the Contractor has opted to
insiall in lieu of eaRh cofferdams Full bid item
allowed in the original NPA. amount is
$514,000
The contractorwill also provide an
impermeable wrapping around
creosote-treated timbers and
~ protective sheeting
66 Seeding, Feriilizing, and Mulching This payment item re-establishes $3,000
vegetation on disturbed riverbank
slope areas.
67 Temporary Erosion+Water Pollutlon Controf This payment item provides for $9,000
preparation of a Stormtivater PalluUon
Prevention Plan and irnplementation af
the plan, includinq installation of silt
fencing, temporary sedimentafion
pond, and other similar features.
68 PSIPE. Rosa Rugosa This payment item provides plantings $1,550
adjacent lo the riverbank at the
northwest comer of the netiv bridge.
95 SPCC Plan This paymenf 'rtem is for a Spill $15,000
Prevention, Control, and
Countermeasures plan
Total cost of ineasures included in contract wittn Morgen & Oswood S371,358
~
Y1.4A1fiIG6.T10N ASSESSMEWf-C8-26-08 9
8ARKER ROAD B:IDGE :AI7DGAT10N ASSESSAIENT
3.3 Mitigation Calculation Method
There is little guitlance on what ametult of matigation is appropriate for potential impacts in
the Spakane River resulting fram the Barker Road Bridge Replaeement project. However, a
precEdent agreement with Spokane County for the E1rgonne Road Bridge mendoned, upon
the recom.menciation of the Conservation I7istrict, that midgation on the appropriatc size of
a project• could be based on cither the length of unpacteci shoreli.ne or square faarage of
p.roject• area. 1n their case, they del•ermined that the length of shoreline was approximately
200 feet, but dECidcd to calculal•e mitigation bascd on square feet of riprap.
There is no riprap pla.nned or needed ior thc, Barker Road i3ridge project and, therefore,
Spokane Val.ley proposes to usc the linea.r shoreline area imparted as the basis for
calculating; mitigation. The Area of Potential Effect (APE) for the Barker Road Bridge project
shows that shoreline impacts are approximately 160 feet (measured parallEl to the new
picrs). Using the basi.s of $7.25/sharelinc, foot and a shorPline pf 160 fcEt, a mitigation fee of
$20,000 is calculated.
Spokane Valley prOpASes a lump sum in-lieu fee payment of $20,000 to the Spokane Counry
Conservation [7istrict in accordance with a 1Vlitigation Agreement UetwEen the WSF&LV, the
Conservation 17istrict and Spokane Valley. These dollars wi,ll be used far off site mitigakioti
performed in the 5pokane River within the Spokane Valley cily limits. Any additional
mitigation fees or m.easuxes that might oceur as a result of unforeseen accidents or Evc-nts
would be the responsibility of the Contraetor, Morgen & Uswood, who will pay for any
additional m,irigation fees/costs, or unplement additiQnal mitigation mcasures as needed.
Tn addition, should WSFRztiV aSree t4 mAdify the HPA to allow im. orgen $L Oswpod to usc
treated timbers, any additional mitigation fcE negotiated and assessed as a result af the use
of trEated tirnbers, over and above the $20,000 mitigation fee calculated abovc, will be paid
by Morgen & OS`wuod.
Spokane Valley believes thal• this is a meanulgful proposal wilh a combined dallar valu.e of
over $391,35$ that will be of benefit to the Spokane River and will uutagate all af the
pqtential impacts. Thc signature belotiv indicates ag•reement and. commitment with t-he terntis
and plans described in lhis Mitigation AssessmGnt.
Cit), of Spokane Valley, Public Works Director laate
i ~
TIbtAITIGAT10N ASSESSNENT-0&2(F98 10
~ AGREEVLENT FnR
SYOKA.KF RNFR AQi3ATIC llVII'ACT iV111IGATiQN FOR
TIIr BARKER RUA1713TtIDGF RFPT..ACE'iWEIVT 1'12OJECT
TIIIS Au.recment, made and entered into khis . day of , 2003, by anci
between the C]Tl' OF SPOKANE VALLEY, having ofEices for ihe transaction of business at. 11707 r Sprague
Avenue; Suite 106, Spokane Vallcy, Wsshington, 99206, hereafter referred to as the "CITY" and t:he SPOKANE
COUtNT1' CONSCRVATION DIS"1 K.1CT, havinc, offices for the 2ransactian of business at 210 North Havana
Street, Spokane, Washinglon, 99202; and hereafter referred to as the "CONISERVATION 1715 rRICT" and the
WASHINGTON STA1'E llEl'ARTMENT OP T'ISH AND WILDLIFF., having officcs for the transaction a1'
business at: 2315 Nortih Diseovery P, Spokane Valley, Washingtori, 99216, and herei►fier referred to as "T'ISH
AND WILDLIFE", joindy referrcd to as "PAR7'lES".
WITNESSETW NNF1-TFR.F,AS, the CITY ha.s the care of fun(ls anci business; and
WHFR.EAS, pursuant to the provisions ofkCW Section 77S5.100, FISH AND N1rILDLi.FF ha.,s
authority to set conditions on hydraulic pmject approvals in arder to protect fish lif'e; and
VJH-EIZEAS; the C.[TY has and is proposing ta perform construceion activities in the Spokane Kiver,
involving ac;tivilies which FISI•I ANU N1i1L17LIrE has determined tivill pr4duce and have produeed <idverse
~ impacts to aquatic habitat, will require compensatory mitijati4n as a condition of a hyciraulic project approval;
and
W}-IEREAS, the CONSERVl1TION DTSTRICT has the necessary personncl, facilities, equipment,
technieal knowlecl~e and experience to implement aquatie and ripariarl Iiabitat restoratinn ~~cCivities meeting die
requirements set forth by RCW 77.55.290; and
VVHEFtEAS, the CTTY desires to contract wiih the CONSF_R.VATIQN DIS7'tZIC'I° to perform the
comqensatory mitigation required by FISH AND WII.,IaL[FE relative to the construction activities associated
with the replacement of the Barker Road Bridge; and
NQW, TWEREi=01tE, for ancl in considcration of the rnutual promises set for[h hereinaftcr, dhe
PARTiES hereto do rnutually agree as follows:
Sectiun T
Yayment
The CITY aarecs to rnake one lump-sum in-lieu fee p~iyment of $XX,XXX to the CUNSERV~17'I0~1
Ta1STR.ICT. It is understood by the PAI2TIES chat Ihis constitutes full and final paymenl for services rendered
under this Agreement.
This money is to be used Uy the CONSERVATION DISTRTCT solely to enhance riparian and/or
aquatic habitat in a manner consistent with RCW 77.55.290 within the Spokane River Watershed and within the
~ Ciq, of SpoF:ane Valley.
7'he CITY will provide a copy of the payment voucher to FISH ANID 1'V1LDL1FE to document the
transfer of funds.
FISf•I AND W[LDLIFE shall re.cogni7.e tfiis payment as e1'fective compensatory mitigaUOn Por ihe
negative impacls lo ayuatic habitat that have occurred to date and are expected from the work that will occur ~ J
under the CITY's Hydraulic Project Approval for dle Replacement o1'the Barker Road Bridge over the Spokane
12iver.
Section II
AssignRient and Authurization of R'ork
The clauses and general provisions in the Agreement will be incorporatcd by refe.rence into the task
iissignment t,Fwork issued to the CONSERVA'I"lON UISTRICT by the CITY. "1'he CONSF.RVAT'Ip\'
DISTRICT agrees to accept and perforrn this task wider the cCnditions of this Agreement.
The CII'Y's `I'ask llocument (Attzchment A) will be issued in Nvriting by the CITY, assigming the task to
the CONSLRVA"I"fON DISTRICT.
f ISI-I AND WILI7LIFE reserve t:l1e right io review project prnposals created by the CO\~SERVATIO'
DIS'I'12IC7'that intend to use the mitigation payment previdecl by the CITY.
Prior to spending the CTTY mitigation payment, the CONISFRVATIQN DIS"1'IZIC"C shall furnish FISM
. A\'D WILDLIFE with a copy af the plans and contracts for an appropriate rroject. The CO\'SERVATION
ll1S'fRICT sFiall not beQin wor1: on a project intcndin- to use the CITY s mitibation payment without Nvritten
approval of the prnject by FISH AND WILDLIFE.
Section TCI
Scope of R'urk _
The CO\zSERVATION D[S"I'IZ1C'I''S servicrs may inclucle hut are not limited to the following:
Pro<<ide yualified personnel capable of creacing ar►d cxecuting aqultic resource managemcnt projects.
2. Conduct resource evaluations ttncl ot.her opcrations required to identify pUfent.ial miiigaiion sites.
3. Obtain permi5sions from or contracts wich affected properey owriers as necessary.
4. Create detailed plsns of the project proposal to be circulated to FISH ANf7 VIrll.;laLIFE.
5. Const.ruct or cause to be constructed a riparian and/or aquatic habitat enhancemerit project as
required by the Cl"1'Y and F1SH AiND 1VILDLIFE.
b. Conduct maintenance conforrnino to the standards set forth by h1SN ANla WII.:DLIFE.
Scctioo IV
rnspection of `Vork
FISH AND 1'V11,.DLIFE «<ill at all times be accorded by the CONSERVt1TI0N D[STR.IC1' proper
racilities for revicw and inspectinn of the wrork hcreunder ajid will at all times have acccss to the premises; and
to all data, notes, records; correspondenee, instructions, and memoranda of every dcsa'iption pertaining to the
work hereunder.
~
~ Scction V
Niaintenance of Records
The COiNSEfZVt1°1'lON DIS'I ft[CT shall make available to the CI7'Y or the Washington Stale Auditor,
or their duly aut}iorized representatives, at any time during their nonnsl operating hours, all records, bnoks, or
pertinent inforniation which the CONSEIZVAT10N D1S7'It1C"f shall have kept in conjunction with khis
Agreement, and which the CI1'1' may be required by law to make part of its auditing procedures.
Seclion VI
Relationships oFPitrties
The F'ARTIES intend thitC the relaeionship e;reated by the Agreementwill be structured to provide an in-
lieu fee payment for compensatory mitigation. `Che CI'1'Y is interested only in satisfying the cornpensatory
mitigation being reyuirecl by FISH AND NNrTLDL[EE for the renlacernent of the I3arker Road bridge. FISH
AND VVILD[.:1FE is intere.sted only in the protection of fish and wildlife habitat, anct that aclverse irnpaets to
water quality be compensated for by means of improvements to the afteetetl riparian and /or aguatic habitat. I"he
CONSECtVA'I'1O\' L71S"1'}t1C"1 is interested anly in provitling natural resourcc preservation and enhancement
services throu,hout Spokanc Counry.
No aDeni, emnloyee, cotitractor, servant, or othe~%vise w•orkine for the C11'Y, CONSERVATTON
UISTRICT; or FI$I4 ANU WILDLIFE shall be deemed to be entided to any ofthe benefits provided by the
ot.her PARTTFS involvecl in this AgrcernenL
Thc CONSURVAT"ION DISTRICT will be solely and entirely responsible 1'or its acts and tFie acts of its
agents, employees; servants, contractors, or otherwise, clurino the perforrnance of this Agreement.
~ Se:.tion VIl
indemniCcatiun
11he CO'SERVA"1'ION D1S1`}'Z1CT agrees to inclemnify ancl dcfcnd the CITY and FISM ANL7
W`ILDL[FE from any loss, eost or expense claimed by outside parties for property damage and hodily injury,
including death; caused solely by its owm negligenee ar willfiil miscontluct of the CpNSERVAT[UN
D1STT2TCT, it5 employees; or agents in connection with the services ro be prefdrmecl by the CONSFRVATION
llISTR1CT under the terms of this eon[ract.
The CITY aarees to indemnif~, and defend the CO\'SERVATION 17151'it1CT and PISH AND
WILDLIFE from any loss, cost or expense claimed by outsicle plrties fnr properly damaae and bodily iiijury;
including death, caused solely by the negligence or willfiil misconduct of the CITY, its employees; or agents in
connect.ion with the obligations of the CITY uricler the term5 of this contract.
FISH A\FD NVILDLIrE agrees to indemnity and defend the C1T"Y and the CONSI:EZVA'I"IUv
DISTRICT from any Ioss, cost or expense claimed by outside parties for property damage ancl bodily injury,
including death, eausrd solely by its oevn negligence or tivillful misconduct of FISI-1 ANU VV1LDLlFE, its
employees, or agents in cnnnection wieh the obligations oF FISH Al\iD Wll,TaI,IFr under the terms qf this
contract.
Each of the PART[ES IIgrees to indemnify the other PAR'CIES for any less, eost or expense elaimcd by
outside parties for property damage and bodily injury, including death, to the eYlent of the PAR.TY's own
negligence or willful misconduct, or tllat of the 1'A12TY's employees or agents in connection wit}, the
~ obligations under the ierms of this contract. In the case of.joint negligence or willful misconduct by any or all of
the PAR1'[ES, then the amount of indemniry shall be in direct proportion Co the riegligcnec or willful rnisconduct
attributable to each individual PA.RT'Y.
Section VIII
Non-lliscrimioation
Ttie PAR7'IES hereto specifically agree that no person shall, on the grOunds of race, creed, color, sex, or
national orinin, be cxcluded fi-om fiill employment rights and participation in, or be denied the benePits of, or be
othen<<ise subject co, discrimination wider any program, service 'or activity, far which the CONSEftVA'1"lON
DtSTR1CT has received or will receive payment under the provisions of this Agreement.
Secdon IX
Obli;ations to Ouf.~ide Parties
No Agreement Mehveen the GUNSEEtVATiON DIS7'IZ1C"I°and its consultanis and/or contractor shall
create any obligation of liability For the CITY or NISH ANU VJILDLIfE with reuard to this Agreernent without
the specific written eonsent of the aff'ected party and notwithstanding its concurrence in, or ripproval Qf, the
award of any agreement or sub al~ueement or ihe solicitations thereof. The CONSrRVAT[ON DIS"1"RICT
hereby agrees to inclucle this nrovision in all agreements il. enters into for the employment af any individuals,
procurement of any materials, or the performance of any work to be accomplished under this Agreernent:
Section X
Nn R'aiver of Rights
1'he Cl'1'Y and FISH A\iTa WILDL[FE shall nnt be precluclcd qr estopped by any measuremcnt,
estimate, or certif icate made either before or after che eornpletion and/or acceptance of lhe work and payment
therefore from showing the true amourit and character of the work performed and materials furnisheci, or frorn
showing that any Such measurement, estimate, or certificate is untrue or incorrecdy macfe, or that the work or
materials does not conforni in fact to t:hc contract.
The CTT'1' shall not be precluded or est:onped, notwithstanding any such measurcment; c-stimate, or
certificate, and piryment. in aceordFUice therewith, from reeovcring from the CONSERVt\T10N DTSTRICT and
its sureties, if 1ny, sueh damage as the CITY may sustain by reason of the CONSERVA"1°l0N DTSTRTCT'S
failure to corriply with die terms of this Agreement.
Awaiver of an}' hreach af the Agreement, agreed to by all AARTIES, ShEtII t10t be held as awaiver oF
any othcr or subsequettt breach.
Section XI
Amcndmentti
'f"he Agrcement may be amended by a written supplemental Agreement The supptemental Agreements
shall be Figreed unon by the PARTIES in writing prior to undertaking any wrorh afFec[ed by the revision.
"1'he subsequent ehanaes to the "I'ask Document mgcle nece,,sary by the supplemental Agreement shall be
made in writing and signed hy the I'AEZ1`lES.
Sectiun XII
Notices
All notices called for or provided for in lhis Agreement shall be in writing and must be served on any of
the PAR7'IES either personally orby cert:ified mail, return receipt reyuested, sent to thc PAR'1'IES at their ~
respective i3dclresses hereinabove given. \'otices sent by certifiecl mail shall be deemed served when deposited
in the Unitetl Scates mail, posta~e pi~epaid.
Sectiori XIII
ID Headings
The section heaclings in the Agrcemcnt have been inserted solely for the purpose of convcnience and
ready reference. ln no way do they purport ta, and shall not be deemed to, define, limit; ar estencl the seope or
intent of the seetions to which they pertain.
Seetiun X'A'
Administrators
Tlie CiTY'S administrator f'or the terrns of this Agreement is David Mercier. 7'he adminisri-ator for the
CONSEkVA'CIONI ll1STE2lCT for the terms of tFiis Agreement is Rich 13adcn. The administrator for FISH
A! DW[LDILT'E for the terms of this Agreement is Kevin Robinette.
Section XV
Venue Stipulation
'C'his Agreement has and shall be conshved as having been made and delivered in the State of
Vl'ashington, and the laws of the Statc of Washington shall be applicable to its construction. Enforcement of t:his
Agreement, or any provision hereto, shall be institutecl only in courts of competent jurisdiction widlin Spokane
County, Washington.
Section XVI
All Writings Contained Aerein
~ This Agreer»ent contains all the terms and conditions agreed upon by the PARTIES. No other
undeistandings; oral or otherwise; regarding the subject mijtier of this Agreemcnt shall be deemed to exist or to
bind any of the Pr1RTIES hercto. The CO\'SERVAT[0N DISTRIC'1' has read and understan(is all of this
Agreement and now states that no representation, promise, or agreement not cxpressed in the Agreement has
been made co inciuce the CONSrRVATiQ\i T)TSTRICT to esecute the same.
li~' WITIVESS WFIERFQF, the PARTIr.S have caused this Agreement to be executed nn the date anc1
year set forth hereinabove.
C17'Y OF SI'UKANE: VALT.:EY
David Mercier - City Manager
CUNSERVA1"[ON D:LS"I'RJC:T
Rich Baden - Execucive Director
C) I'ISM A\II7 W(LULIFE
Willia.m F3rooks- Regional Habitat Yrogram Manager
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11707 E Sprague Ave Sui[e 106 ♦ Spokane Valley VJA 49206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: Dave Mercier, City Manager, Mike Jackson, Dep. Ciry Manager
From: Ken Thompson, Finance Director
Date: August 12, 2008
Re: July Report
July highlights in 1'inance included:
Julv financial reports
Reports showing a comparison of revenues and expenditures to the 2008 13udget are idtiiched. Gambling
taa receipts for 2008 are expected to be $150,000 to $200,000 less than budgeted. 1Ve have three .
significant accounts that have fallen behind. We will continue to monitor these accounts bui. full
collection is unlikely. Uur budget projections 1'or 2009 g<<mbling tax reeeipts aee $200,000 less than for
2005. Expenses for the year are running Icss thari budget which OffSets the lower gambling tax neceipts.
I ~ The investment report is attachecl fior your review.
Potential street fund reVenue sources
We are looking at potential street. fund revenue strearns icientificd by the council at a recent council
meetina. Those with the most potential appear to be a vehicle tab fee, a utility tax on telcphones, and
agreements with solid wast:e comnanies io reimhurse the city for wear on our streets. 7'he vehicle tab f'ec
will wait for legal clarification in the fall. Staff has met vvith solid wtistc representatives to discuss a
reimburserrient process. The telephone util ity tax is undergoing additional review with Che seeantl reacling
of an ordinance expected in August.
2009 budget preparatian
Budget pre}aaration usually starts in April of each year 1°or the comino year. "Chc Ciry Manager is
. reviewino a draft 2009 budget fqr delivcry to lhe council in August.
The first of several public hearings on t11e 2009 budget took place on July 22. Additional hearings are
schecluled for September tjnd October.
Annual finsncial renor[ - 2007
Staff ha.5 started this work and expects the arrival of the stnte auditor's off'ice on August 11.
Outside a=ency fiindini;
Applications for funding were taken in late July. 'Cen social service agencies submitted reyuesls ancl five
econoinic developrncnt proposals were received. As usual, the funding requests greatly exceed the dollars
available. The ciry council wil) hear short presentation, on these pr4posals in early August.
~
City of Spokane Valley ~
General Fund
Budget Variance Report
For the Period Ended July 31, 2008
Unaudited
Amended
Budgef July YTD Unrealized Percent
2008 evenues Rg~venues v ue Raaljz~d_
General Fund Revenues:
Unreserved Fund ealanoe $ 5,167,000 S - $ 9,000,000 S (3,833,000) 174.18°/d 8
Property Tax 10,498,500 92,400 5,342,021 5,154,479 50.89%
Sales Tax 19,165,800 1,566,865 9,189,195 9,976,605 47.95%
Gambling Tax 720,000 3,065 215,746 504,254 29.969/6 2
Franchise FeeslBusiness Licenses 853,450 5,885 272,400 581,050 31.92% 1
State Shared RQVenues 11,320,550 159,557 703,593 616,957 53.28°/a 1
Planning & Building Fees 1,965,000 172,981 1,367,683 597,317 69.60%
Fines and Forfeitures 1,300,000 133,388 887,324 452,676 68.26%
Retr22tion Program Fees 507,000 76,468 439,258 67,742 86.64%
In+lestment Interest 414,100 46,586 262,773 151,327 63.46%
Operating 7ransfers 165,000 40,000 40,000 125,000 24.24°k 3
Total General Fund Revenues: $ 42,074,400 $ 2,297,211 S 27,719,993 $ 14,354,407 65.88%
Amended
Budget July Y7D Unrealized Peroent
2Q8 Expenditures Exannditures Expwnditures Realized
General Fund Expenditures:
Legisl3tive Branch 379,991 17,767 170,037 149,954 53.14°r'o 4
Execulive & Legislative SuppoR 997,076 77,061 512,554 484,522 51.411 %
Pi,blic Safety 19,297,300 1,514,246 10,137,921 9,159,379 52.54°h
Operations & Administrative Svcs 1,655,707 117,087 686,666 969,039 41.47%
Public Works 956,437 55,217 447,187 509,250 46.76%
Planning & Commtmity Dev. 3,713,139 312,786 1,845,295 1,867,844 49.700/o
Library Services 20,000 - 3,661 16,339 18.31% 7
Parks & Recreation 2,644,420 505,108 1,262,713 1,381,707 47.75%
Gencral Government 3,417,988 80,663 1,044,296 2,373,692 30.55%
Total General Fund Expenclitures: $ 33,022,058 S 2,679,937 $ 16,110,332 $ 16,911,726 48.79%
~
811 onooa 1 V39 aM
City of Spokane Valley
ED Other Funds
Budget Variance Report
For the Period Ended Jufy 31, 2008
Unaudited kmended
Sudge! July YTD Unrealized Percen!
008 Revenues Revenuss Revenue Realized
Other Funds Revenues:
Street Fund $ 5,922,972 5 181,044 $ 1,019.069 S 4,903,903 17.21% 13
Arterial Street Fund 850,0,60 1,142 10,677 839,323 1.26°!0 5
Trails arod Paths 30,00 87 619 29,385 2,06% 6
HoteUh9otel Fund 668,000 47,574 211,014 456,566 39.59%
Civic Facilities Replacement 397,000 397,805 402,476 (5,476) 101.38% 9
t?2bt Service - Ll"GO 03 600.000 - 203,436 396,564 33.91 %
Capftal Projecfs Fund 4,420,000 105,020 522,495 3,897,505 S 9.82°h 5 -
Special Capital ProJects Fund 4,420,000 92,745 515,565 3,904,435 11.66% 5
StreeiCspitalProjecis 7,354.023 157,685 239,123 7,114,300 3.25% 5
Mirabeau Point Pro{ect 454,000 733 4,987 449,013 1.963'a 6
Ccmmuniry Dovelapmt Block Gmts 245,000 - - 245,040 0.0096 5
Capital Grgnts Furtd 11,347,0-00 331,556 358,491 14,988,549 3.16°k 5
Barker Bridge Rsoonstruciion 5,862,840 - 12,214 5,850,586 0.21% 5
Stotmwater PAgmt Fund 3,160,000 25,466 966,199 2,193,801 30.58% 13
Equip. Rental 8 Replacement 780,000 1,682 11,550 108,450 1.48% i3
Risk Management 217,100 29. _ 188,194 _28,_906 _86,69pi6 i2
Reserves _
Cenierplace Operating 335,000 679 4,641 330,359 1.39% 9
Service Level Stabilization 5,400,000 10,520 71,544 5,328,456 1.32% 9
1NinterVfeather 560,000 1,127 7,661 552,339 1.37°,6 9
Psrks Capital 4,260,040 9,540 32,272 4,227,728 0.76% 9
~ Cnric Buildings 5,085,000 91,445 78,166 5,006,834 9.54% 9
Total Other Funds Revenues: $ 62.367.895 S 1.367.849 S 4.860.393 $ 57.507.502 7.790
AmentPed
Budget July YTD Unrzalized Percent
2008 Exoenditures Exusnditures Expenditures o' e
Other Funds Expenditures:
Street Fund $ 4,242,304 $ 432,971 b 2,617,181 S 1,625,123 61.69°h 13
Arerial Streei Fund 850,000 - - 850,000 0.00% 5
Trails and Paths 30,006 - - 30,800 0.04% 6
MotellPutotel Fund 668,000 30,444 166,743 501,257 24.95%
Civic FaaGties Replacement 397,000 - - 397,000 0.00°r6 6
Debt Service LTGO 03 600,000 - 203,435 396,564 33.91%
Capital Projects Fund 4,420,000 - 22,338 4,397,662 0.51% 5
Special Capftel Projects Fursd 4,420,004 - 22,338 4,397,662 0.51°h 5
Street Capital Projects 7,354,023 396,683 7211,743 6,632,280 9.81 % 5
A4iraboau Point Prajcct 454,000 - - 454,400 0.0495 6
Community aevelapmt Block Gmts 245,000 - - 245,000 0.04% 15
Capital Grants Fund 11,347,000 679,463 2,682,760 8,664,290 23.64°fo 5
earker Bridge Roconslrudion 5,852,844 36,245 73,085 5,789,714 1.25°r6
StormwaterMgmtFund 1,983,944 160,818 778,277 1,205,667 39.23% 13
Equfp. Rental 8 Replacemnt 780,004 - - 780,000 0.00°r6 14
Ri@k Man2gement 217,100 - 187,048 - 30,052 86.16% 12
Rescrves:
Genterplace Operating 335,000 - - 335,000 0.08% 6
Service Level Siabil¢atian 5,400,000 - - 5,400,000 O.Od% 6
Winter Weather 560,000 - - 560,000 O.Od'/o
Parks Capital 4,260,000 95,484 722,586 3,537,414 116.96% 5
Civic Facilities Capital 5,485,004 - 75,040 5,010,000 1.47°/a
Total OtherFunds ExpendiWres: $ 59.511.171 $ 1.832.118 S 8.272.536 S 51.238.635 119
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811912008 11;39 AM
City of Spokane Valley ~
Investment Report
For the Month of July 2008
Total
LGIP" BB Money Mkt*" BB CD Investments
Beginning $ 43,625,068.09 S 1,652,591.39 $ 1,048,944.59 $ 46,326,604.07
Deposits 1,982,726.23 - - 1,982,726.23
Withdrawls (2,300,000.00) - - (2,300,000.00)
Interest 82,885.00 2,771.47 - 85,656.47
Ending $ 43,390,679.32 $ 1,655,362.86 $ 1,048,944.59 g 46,094,986.77
Balances bv Fund
General Fund $ 17,638,088.23
Street Fund 1,887,545.33
Arterial Street 577,290.74
Paths & Trails 24,018.17
HoteUMotei 431,704.10
CenterPlace Operating Reserve 343,207.42
Service Level Stabilization Reserve 5,314,444.23
Winter Weather Reserve 569,090.53
Civic Facilities Replacement 406,732.44
Capital Projects 4,288,379.93
Special Capital Projects 4,961,192.30
Mirabeau Point Project 370,477.26
I'arks Capital Project 682,774.46
Civic Buildings Capital Projects 5,782,121.10
Stormwater PJlanagement 2,022,678.10
Equipment Rental & Replacemen4 780,458.32 Risk Nianagement 14,784.11
S 46,094,986.77
`Local Government Investment Pool
Banner Bank
0
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FOOTNOT~S
I Received quarterly 2 Three accounts in arrears
3 Transters are pending
4 AWC rnembership paid in Jan.
5 Capital projects often take a number of yeaes to plan, engineer, acquire right of way and construct,
6 No pfojects planned in 2007
7 Small amount of 05 library tax due disteict
~ EstFina#ed, pending 07 revieiv
~ In#eres# earnings
10 PAast equipmen# fully funded iri la#e 05
12 Ins premium paid in Jari,
13 Beg. BaI_ included wbich unders#ates realized amounts 8nd
14 Far replacernenk of vehicles & corrwputers
15 For capi#al profec#s cfuring summer months .
I
I ~
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1912046 11; 39 AM
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
LONG RANGE PLANN/NG:
Planning Commission
The Spokane Valtey Ptannina Commiaaion met twica during the month of July. The Cammisaion
conCucied public hearinga on a street vecation request and e proposed emendment to the
UnifaRn DevelaQment Code. They atso attended ajoint meeting with the City Council regarding
collaborative planning within the County.
SpragumlAppleway Revltslizatlon Plan
The Sprague Appleway Revitalizetion R1an process continued witfi a City Council briefing on
July 22"d end a special study sessbn with Michaet Freedman an July 23". City Staff ettended an
'Issuea Forum' hosted by the Spokane Valley Chamber of Commerce on July 25 The Crty
Council conducted their tirst pubik hearing on the Plan on Tuesday, July 2B
City Center Project
ClearPath, LLC continued workirrg with City staff an propetty negotfationa far a City Hall site.
Staft met with the Rroparty owners in June and cantinue to make progress an a DRAFT Purchase
and Sa{e Agreement.
The City Council haa authorized a consuhartt to prepare a site pian for the city hall proJect.
City siaff is in negatiations for a contrad for the Cky Center Environmental Impad StatemenU
Planned Acctfon Ordlnance A DraR scope of work has been preparad and will be finalized fn
August. Oue te the tad that this proJect ks dependent on the edoptbn of the SARP, the timing of
the EIS/F'AO wlll follow CounGl edoption of the SARP.
CTED Rcglonsl Coilaboratlon Orant ProJect
The GraRt Committee fs contlnuing to woric on the callaborative planning project funded by the
2007 CTED grant. Ths Grant Commlttes was successful obtaining an "Emerg+ng Issues Grant"
from CTED lhat wfll provfde a critical link between the existing worfc outlined in the Colfabaration
Grant ewarded in 2007.
On Jufy 29, Susan Winchell and Bill Grimes outlined the collahorative proceas thus far and the
intent and mechenlc6 of the metropolitan urben grouvth erea overlay zane to the Mayor, City
Councll, and Plannin8 Commission.
Growth Management 8teering Commktee ot Eleded Officfala
The Steering Commktee of Elected Qfficials (SCEO) met on July 16'h. Steff presented an
overvfew af the Lend Quantity Anelysis Methodoiogy. The Auguat SCEO meeNng was cancelfed.
2008 Comprehenswe Plan AmendmentslUpdates
City Cauncil was glven an administretnre report on June 3. City Council deliberated on the
amendments (June 24) and torwarded ordfriance 08-011 and 08-012 to secartd reading
scheduled (or July 15. On July 15, City Ceuncll adopted ordinance 08-011 emending ordinance
06-010 adopting the comprehenshre plan and edapted ordinence 08-012 emending ordinence 07-
015 that adopted the zoninp mep. The Department o1 Community Trade and Economic
Developmertt (CTED) w8s notified of the edopted ordinances meeting the procedural
requirements of the Growth Management Act (GMA)
Page 1 of 8
CITY OF SPOKANE VALLEY COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
CL/RRENT PLANNING:
Revenuefort}1e Plannfng Qrv,s,an f;;r
2008 Pbnninp Revenuss
610,000
sw,ooo , -
aw,ooo - -
tio.ooo ~ - - ` - -
$10.000
to
Jv+ Feb Mw Aynl W, Axie 1Ji
O IMwm~ AevN~ iOCT -6-Awrtw~ 3001 I I
During the month of July, Pianning Dlvlsion stafi held 12 commercial pre-appllcation meetings
and reviewed 3 commercial building permits. Planning Divislon staff approved twelve commercia
building pemnits, whfch Includes a 32,039 square feet office addition located on Flora Roed, a~-.'_,
unit apartment complex (Hico Apartments) located on Boone Avenue, and a change of use o` z.
portion of the fortner Kmart store to Peul Mitchell Beauty School located on E. Sprague Avenu-
SEPA detsrminations for e Spflkene County orave' ci! Wans!aK affir.e additicr, f32 OOCstl an
12 lot subdivision were also issued Tn?_ - ~lw~ _ _
and helpad 293 customers at the coun',_2008 Permlts Issued
ea
40
- -
, \ i - ~ --t. _ _ 1--r.- . _
20
J.n " Feo l Iwr ~ Apr My ' Jun AA Auy sep ~ oCt _hov o.c
C= 20oe ss 20 i,e u 12 24 12 ~-o--~--o-r 67 13 I +e 15 zo re ie +e e • 11
I I-~-1000 N 24 ib 34 , u 23 32 35 24 121 11 50
Page 2 of 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
In the month oi July, Planning Department staffi eccepted 4 boundary line edJustments, 1
proGminary subdivision, end 2 finel subdivislons. The Department also completed 3 final ahort
plata and 1 bindfng 9ite plan. StaR conduded 2 land use pre-appifcatlon meetings and 1 public
hearing conduded by the Hearing Exarniner in July.
I 2008 New Land Use Actbns
40
- - - - -
30
- _ -
20
io - - --t.
0 J~n i FeC Adr ' Apr Wi ~ Jun Jul AuD Sw Ctt /bv Urc
~p 200el 11 ~ 13 10 13 ! 11 a 47 ~
- ---t
im ~9p7~ tE 71 17 12 11 tE 0 14 t0 17 1t
10 ts 30 ?A 27 16 2S 20 0 •
BUILDING D/VlS10N:
The Building Divfaion issued 411 permits 'rn July 2408, compared with 369 for the same penod
last yaar. New one and two dwelling unit atructure permlts totaled 51 and new commerciai
struclure permits totaled 4 for the month at July
2008 CONSTRUCTION PEF4►I1T5
Ao0 1 - ' _
in ra rv A► M•r a•• IAhv M 6.+ od up ~
sn tr. i» u~ tr i3„ {
Iacii.Wr, n3 »w su Hl~ ~ ~ ctt 3" 174
=«Te. ns su ~o un ~n i~s ~ ~n ~a ~o rn ts~
2008 New Structuns/Units PsnriiWd
eo
so - - -
:o
° Ayr Au0 I Up1 oa ra ac
a Nrw 1 a! Ow ~l+p tl~is M~ a~ 31 j a! ~ 37 5f
S.w►r" ur. ~ t o 0 o j s s
'o Nw. axmwnr 6~n~asr 3 • E 7 4 ~ tf 4 Page 3 of 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
In Jufy 2008, buliding inspectors periormed 1,204 inspcctions in 23 days which averages 54 7
inspections per day. Four hundred and thirty-one Right-oi-Way inspedions were performed fcr
the month. Plens Examiners roviewed 104 projects In the manth af July and 39 proJects wefe
awalting review at the end af mortth, Staff alse issued 4 over-ihe-counter permits for the month c;,
July.
2008 BuDdlnp Inspectlons
uac -
~
I
IOOC ~ _ ~ ~ _
~ ~ • - .r~.
~~i0~ Irwr+ W ~ W 1 1 ~ M1 ~ ►O~ qM _
~p~Q7MqAe~r7 ~ M1~ iW i tAI q{T- -'-q03 UN TV, 13W ii ■1
The reported value ot canstruction, including new structures and additions/akeration ts 6hown sr,
the following chart, comparing these values wfth 2007. New velue for Juty, 2008, total;
$13,071.414 00
2408 Veluation of Conatructlcn
s50.00Q.000 I,
f45W0,000
S40,OOQ.000
535,000.000 - -
330,0OO.GCv . ~ 200a Vaumm
525.0DO,DC9 e - - - C7?007Vaiwbm1
S20.OOO.Q00 - ~ 200611ahawtio^.I
S 15.OOU.000 - R ~ s
so H
.lon faD hbi Apr IMvY .Au+e .luPy Aup 6eH'H
p► Oct Nw Dec
Building revenues for the month of July were $136,984 00
i 2008 8uilding Ravonues
►saoooo -
aoo.xc -
0 7M Re+w+uee
tJOGD00 r-i
~ WD L-A _ C7 20Q7 RsrnLes
1190,m0 - 2OO6 FeMfMes
I Jrn Fse uv AtW IYy .Nl Aw0 aDI OCt Mbr OK
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
CODF COMPLIANCE:
The number ol 'Vialations Reparted" on the tollawing chart rofleds actual Spokane Valley Zaning
Code violai{ons, plus complaints received which were not viotetions. The camplaints recenred are
added tc the totaf Decause they reflect tans officers speM in the field cortductirtg investiAations
In addition, the 'Irsvestiqated' end 'Pendfng' columns accuretely reti~ect Code Compliance's
currertt abiltty to process and investipete backiog cases.
The folfowing chart provldea a monthly comparfsan of the rypes of Spokane Valley Code
viotations repoRed. Violationa are reported based on the primary compteint roceived, rether than
the number of addftional violeGorss identifffed on any fndividual premfaea. The investigation af a
complaint of junk vehiclzs, tor example, might alsa reautt In idenWication of additfortel violationa
such as the accumulation of trash or harboring of livestodc. These are not included in the
summary. A total of 80 new complainb were prxessed in July.
Code Compllsnce f(les 2008
15r
. - - - I
' -
~ ~ a :;•t.•~y
' ~i_;
f,U~ , 07 07 i 07 07 p7 08 pa pb pa ~ 08 I~ Jul c~ I
j■ v~uo►m ~«rea 71 i eo -~a ea 3s' 21 zs 11e 7e sz sz 96 eo 1
■ Aeemnw. 87 <z 49 as 24 se ie 67 eo ee 40 47
71 '
OFk Traufwn 2 1 1 0 2 7~ 1 1 1 0 1 4 2
Ip qmdrnp Fia 46 56 ( e7 54` e0 sQ ; 49 ao 66 j 6e 64 67 j 63 ~
I
The Spokane Velley Pollce Department, in canjunction with SCOPE, has requested the
assistance of Code Compliance in identifying Junk vehicles abandoned within the nght-ot-wey.
SCOPE volunteers iag the vehicles, Vehicles which heve not been moved by the foliowing Friday
are toweci
Page 5 af 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
JULY 2008, MONTHLY REPORT
Actlvity ls consolidated into the foilowing six categories: Environmenta! (sewer/sepdc, crltkal
eress, animal end nuisence violetions); Properfy (Right of VMay, property use, dan9erous building,
landlordrtenant, ftlegal buairiess and signage violations); Junk Auto - Solid INesle (sofid waste,
illegal dumping, and household waste vfoistions); end Clearview TrfangJe and Complainl.
2008 Coda Vlolatbru by Cattyory
180 -
140
120 - - - -
100
ao - -
60 - -
~r - - _
2C
0
J..rre I►oca ! av-a ~ Ao•-nr I M.r-oe afi.08 I Aw-oe i AUG-ce ! seo-m t ocs-w NoV-oe ~ aeooe
■ saa vvmffm a u Ia 23 n z> >y r~ r
- • - '
40 » _ a I - -~e
. F*oo«+r • +3 n a m 37 n
'o Aw A,no t to n a~ t u e
.&tirrnw 1 L = i a ~ o 0
• GortVYtrt • Ib Ywtbn 7 i 11 7 i 11 1 ~
C1~sr YNrw .Tnmok ~ ] 7 7
Page 6 of 8
CITY OF SPOKANE VALLEY
COMMUNiTY DEVELOPMENT
JULY 2008, MONTHLY REPORT
DEVELOPMENT ENGlNEERlNG:
The DeveloFrnent Engineefs processed 30 files in July. The aignificant flles are 9 cammerclal
applicatEOns, which indude an 11,848 sf Empire Vending Buildinfl, a 17,340 sf Rite Ald Building
and a 32,000 sf Wagstaff Offica Building additfon Thlrteen ccmmerclal pre-appllcatlon files were
reviewed Including e 17,000 si NoveGs new bullding structure, a 13,401 st Eenant irtprovement for
Spokane Padcaging, e 6,800 sf indusfiel Syatems Stnrage building, 2 land uga prt-apps, 2 short
plat appikatlons, end 3 change of use
~ omiopn.nt ftoA"An work y Tyw -I 100lL
~ - \
W% -
f0'K L
441%
II ~
IO'K '
10%
0% _ _ - - - _ `
Au047 Sep-07 Od-07 Nov-07 da07 Jan-0/ hb-O/ Yn-0 Apr-ft Yq4011 .hm4f
~ ■ Bindlnq Slte Plan • Boundary Une A4wtmeM p Changs of Uoe
■ Corrrmetdal ■ CortfmsRlal Pra-Apps ■ CondlUonal Usc Permh
i
■ Ftnel Subd'nAsion O Land lJse F'ne-App ■ Razone
■ Short Su6dnisipn O Street Vacation
- - ,
Page 7 of 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT I
JULY 2008, MONTHLY REPORT '
CUSTOMER SERVlCE:
Planning
The plannmg sta" as_isted 293 wzlk-iri cusvoriµrs at the counter and handie-d 3t1 custt=,ers'
inquires by phone in the permit center
Buliding PeRnits
The following table summGrizes :he periormance of the Permkt Center for those permits er,tered
in the PLUS sy5tem, measured from the Ume thal the application is deemed "cour,;er-cor.-plete'
to the time that a permit fs issued.
Commerclal Tfinehame Summary
Submittal to Issuance
~ .wwe f
d E,
° z
a Vaiue
o G
~EW CON8TRUCTIOlI
t4ot 3 Story ar Less 2.117, 131 131 131 tC0 APT
nduetrlel Bu11dl 1 81, 118 11 ~ 11
Vudure 1 596, I 12 12 12
EMOOEL
\Dt Story or Less 102,8001 1 7 301
Irdustnal Bulldi 58.40 6 1 1
Percan6le 1,166,00 3 11
inHicelProfesmansl 885,78 4 1
~2ecroebona! Build►ng 360 39 14 1 14
UPCOMING DATES OF INTEREST:
DATE INTERE8T
August 14 Spokane Homebuiiders Rrestrtatia; li
August 19 ConUnuation of Council SARP Hearing (CenterP{ace)
August 26 City Council appeal hearing for Summerset Estates
Navember 1 Daadline tn submi! 2009 ComrrehensEve Plan Amencimen'c
Fe aeBc, i8
1 ~I} 1/~
~W kly'
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
July 2008
AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION
• Street MafntenancE - Counry Street Maintenance Interlocal
• Street Sweeping - AAA urinterlspring sweeping. Spring Sweeping is complete.
• Street and Stormwater Maintenance and Repair contract -Poe Asphan Paving Inc. warked on Streei
Preservation Pro}ecis and Pavement Removal and Replacement.
• Landscaping Servlces - Spokane ProCare is working springlsummer 2008. Discussed muitiple areas
that have swales that may be required by Home Owners Associations to maintain.
• Vactoring Contrad - AAA Sweeping removed ponding water around drywells. Contract Monies are
nearly expended, working on Change Order.
• Engineering Services Support - Agreements with private engineering firms.
• Street Maintenance (Pines 8 Trent) - WSDOT Irrterlocal
• Solid Waste - Regional Solid Waste Interlocal
WASTEWATER
• CH2MHill was selected for the design, build and operation of the Spokane County Regional Water
Reclamation Facility. The Cflunty is currently in negotiations with that fimi.
• Ecology reissued the TMOL for another 30 day comment pedod that ended on June 24'. Comments
are avallable at their web site at:
http,llwww.ecy wa.gov/programslwqltmdl/spokaneriverldissolved_oxygenlPublicComm2.htm!
CAPITAL PROJECTS
• City Hall ProJect
The City Hafl Program was presented to CouncH on June 24"
A contract for City Hall site planning was awarded by Council on June 24"`.
• Valley Corrldor Pro)ect
Project on hold pending outcome oF the Sprague/Appleway Corridor Sub Area Plan
• Street Master Plan
JUB Engineers is working on the update to the Street Master Plan.
• Broadway Ave Reconstructlon - Moore to Flora (0088)
TitEe searches are complete; Beginning wark with Skilling's Connolly, Inc for Real Estate Services. and
Benthin Associates for surveying services.
• Appleway/SpraguelDiahman Mica ITS (0062)
WSDOT will provide design services for this project; bid date scheduled for August 26. Conduit was
placed across Dishman-Mica at 8th and 16th Aves as part vf the Dishman-Mica repaving in July. There
will be a camera placed at Park/Appleway, Dishman-MicalAppleway and UniversitylAppleway
intersections A dynamic message sign w{II be placed on Sprague Ave just east of I•90
• Chlldren's Universal Park (0086)
Parfcs Dept, worked on developing a stakeholder list for stakeholder meetings
CONSTRUCTION
• PineslMansfleld (0005)
Construction started July 23. Some utllity rebcations still need to occur_ Contractor has clearpd rr: shrubs and debris along Mansfleld, and removed rock at the comer of Pines and Mansfiel:.
• Appleway Avenue Reconstruction - Tschirley to Hodges (0016)
Knife River was awarded the project as the low bidder for $4.585,859.95. Construction began March
17th. Paving cont{nuss slong with sidewalks and driveways on the North side of Appteway. The
irrigation system and sod has been placed in ,he linear cWaPes en thF sauth half o` the proiect The
signal at the Barker intersection is camqlet-
• Barker Road BrIdge Project (0003)
Bridge was closed starting July 7. C
equipment tc, the projec` site War~: J~r..:~
plan
• 24h Avenue Reconstruction Project (0053)
Pr~~F•.. U" `_.f1~ .1!'~I:.'1 .'il~l fj~(~ . .iCl_. „ _ _ i f. _ . i~ _ . _ r .i,= - -
i-
21
• Broadway / Fancher PCC Intersoction (0067)
ProJect design is complete. looking for additional funding Coriscru~~Lior
• SpraBue 1 Bowdlsh, PCC Intersection (0092)
CUrrently h'.: l~r?(1F(~ AI -,Ij:} '71 7 (t
and Ociobc !
• Broadway (,v,_ Rc-h.?h - 1.90 FE fiFar! f:! IQCl
Currently b: and Octob_
• Slgnal Controller Upgrade Projoct (0071 i
, _
Awaitina dzlivery oF controllers now expec, - _ " - ,
mainten< _ ~ . ~ . _
contrac'
• SpraguelConklin Signal (007' 1
Received estimate from Knife R~~-c ~ i i„ ~ ~
change order has been signed by -
• Broadway Ave Safety tmproveR~;_nt
Staff recommends not moving ahead with project until more accident data can be evaluatea. Coun::
directed staff to wait for more accident data.
• Swimming Pool Upgrade ProJect (0073, 0074, 0075)
Woric on all three bath houses is complete. Park Road- The contractor has finished the structural for
the mechanical room and the roof extension. Natural Structures ereding the slide, scheduled complete
by 20 Aug. The slabs surrounding the slide are placed, contractor scheduled to saw cut and replace
some cracked and poor slab sections. Contractor installing mechanical equipment, pumps avallable
around the first part of September. Meeting and Inspection punch list at Park with ORB and Contractor
scheduled 28 Aug. Kilgore started construction work at Terrace View 11 Aug.
• Old Senior Center Demolitlon (0072)
Oid Senior Center Demolition - Worked on the development af a bid package for asbestos removat and
demolition of existing buliding. Estimate Is $130,000. Design camplete, awaiting word for funding the
projed.
~ Valley Mission Park Upgrade (0076)
Worked with Parks Dept, on the development of a schedule and plans for woric to be accomplished ihis
year.
• Sullivan Bridge a1t4501 inspecdon over Trent(0085)
Inspection scheduled 13 Aug.
• W Avenue Pathway- Woodruff Rd. to Sands Rd. (0054)
Spokane County fs surveyed on 5/22
• Police Precinct-3hop Drain Installation (0096)
Consultant canVact awarded DEA, 1" Phase-consultant currently investiaating options for the project.
will prepare and submit the recommendation around the middle of Aug
• Barker Road Project (0004)
Project complete Punch list complete. Closing out Project.
• Spatdines Sanitary S$wer Project (0066)
The projects design is complete. This project wifl bid with the White Birch Project. Construction will
begin in September
• Trentwood Sanltary Sewer Project (0058)
The contract was awarded to Knifie River Co Construction began on Ju(y 9. 2007 The project is 100%
complete.
~ Grandview Acres Sanitary Sewer Project (0057)
The contract was awarded to Knife River Co. Construction began June 5, 2007. The project is 100%
complete.
• RockwelUSummerfield Sanitary Sewer Project Phase I(0091 )
This project bid with Summerfield. The project was awarded to Knife River Construction began in May
2008. 80% of the mainline is camplete.
• Rockwell Sanitary Sev►rsr Project (0094)
.
The project was awarded to SI Construction Sewer main placement will began the week of July 140
40°Xo of the mainline ia complete.
• Summerfleld Sanitary Sewer Project (0084)
This project bid with RockwelllSummerfield. Knife River was awarded the contract 80°k oi the sewer
main has been placed
• Suttera Sanitary Sewer ProJect (0082)
The project was awarded to SI Construction. Construction began on May 8". 90% of the sewer main
has b8en placed.
• VYhite Birch Sanitary Sewer Project (0081)
Owens Construction was awarded the proJect. 80% of the sewer main has been placed.
TRAFFIC
• Received new traffic signal LED's to continue replacing incandescent bulbs. Spokane County has
started retrofrts,
• Assisted Capital Projects with design issues on Appleway, Broadway/Park, Spraguel8owdish
concrete intersectlon, and CMAO grants.
• 25 New citizen requests/complaints were received via phone and email. These typically involve
traffic signals, stop sign requests, spesding complaints, bus stop concems, streetlight outages,
requests for new streetl(ghts, traffic count requests, and parking issues.
• Traffic Irrtern is working on Traffic Counts and update for our Freight and Gaods Transportation
Map.
• Developing striping plans to add blke lanes on existing arterials.
STORMWATE='
• Hav _ . . _ _ . . _ _ ~ , _ _ . _ . _ _
and U!C requirements Coordmating with Spokane County and the City of Spokane to deveiop a
Public Outreach Program.
• Presently working on a'Eastem Washington Stormwater Co:~i Projected primarily for satisfying NPDES Phase II requiremet r
• Here Is our mascot -tattoas and stickers to follow
o~ "
` 6 1-
0 yfr'~y ,
~ • ~o%-,.
STOAlIDRA1N ~
Ull -
~Q sPOKA1dE YALLEY O`
~ riAL< TO IMPOFa ~
688-0321
• Presented the need for a rEgu►ar vactoring schedule at councll 8 shed light on the future needs
• HOA are protesting stormwater fees on private roads. Declsion to dlscontinue the fee for the
specific HOA private road parcels.
• Workfng in Coordination with City of Spokane, Spokane County, APC, OEQ, and Department of
Ecology on a Siormwater atlas.
• Discussed Decant Facitity options.
• Finding a consultant to assess and propose a solution for 4 residences that have flooded repeatedly
• Went to print on a guide to maintaining bmp for draming swimming pools, Jacuzzis, and outdoor
water features, will be distributing in the near fiuture.
• Currently putting togsther a guide for best management practices far landscapers, ie. fertilizers
runoffi management.
• Completely finished our inventory af the public drainage facilities
• Publlc system includes 2,314 catchbasins, 106 culverts, 1,905_cufi-Inlets, 7,146_drywells,
997_inlet, 102_manholes,169_pipe-sumps, 468_sidewalk-inlets
• Worlced with IT department to develop a"sEormwater hatline" now finalized- 688-0321
STREET 8 STORMWATER MAINTENANCE ACTIVITY
he following is a summary of Pubiic WorkslContractor maintenance activities in the City of Spokane Valtey for
ine, 2048;
• Poe grindlpave large patches on Suilivan.
• Poe finish grind and inlay preservation projects on Montgomery and Dishman Mica.
• Poe applied a CSS-1 Fog Seal on Montgomery.
~ Cats Eye worked on Montgomery and Dishman projects adjusting utilities and cutting out concrete
bulbs in left tum lanes on Dishman.
• Cats Eye repaired threa sink holss around starm water structures
• Gumey replaced a guardrall on Cherry Lane at dead end.
• Geiger crews have been doing vegetetion / weed control maintenance throughout the Valley.
• Tom and Brant have been iRSpecting coritractor projects and trimmirrg brush, obscuring visibility city
wide.
• Poe Asphalt will be back in the Valley towarcis the end of August to resume paver patching projects
STREET: Through the end of July prtvate contracts invoiced $973,954 and the County invoiced
51.367,600 for a totat Sireet MaiMenance cost of $2,341,554
STORMWATER: The County fnvoiced $5,033 and pnvate contracts invoiced $578.833, for a total
StoRnwater Maintenance cost of $584,866.
STREET AND STORMWATER MAINTENANCE COMPARISONS THROUGH JULY
tom►water Mafntenance ~ ~ I I
Spokano COUnty
2009 $5,033
'
4
2007 $5,840
~
Statmwutyr Ma(nbnsnc•
Pdvato Contraciol
I I
09 t379,a3i
2007 ~305,092 ~ ! I
~ S~t Malnbr~anco
S kfna County
I
?~OA f 1.387.600
z ~ I
Y00T S6 i 1,437
~
I li Stroet Malnttnsnu
P tvsti Conbactw~s
2008 $973.431
~
2D07, 5130,438 '
5- $200.000 $440,000 b600,000 S800,000 $1,000,000 S1.200,060 S1,00.000 S1,600.000
*m&e
~md1e37.
Pta~ject DeNyn Cohsbuttbn Esdmwftd Toiel Pra}ect i
~ Rosd Coertrocdon Furdi AAuu C eto Cwt ~
cm3 Wnxa Rosd Unoge Raptacensrt - BMcor RC. et up*nrne Rlver eGuAson 100% 2% 1111/09 3 11.317.000
r005 t'vvme/AAanefield Prqsct • Wflbu► 0o Pinee, 1o I-00 T1ENGrtAO Knubnn 1116% SX tOt1IQ4 t 5,3OFi.14:1
W 16 ApPIe 'a, Averxw Remrwrumon - Tschirby Sn HoOpss STPflJ) Arlt tOQ'fL E3% w1f66 S 6.099.5e13
Od53 241h Avrnuo RoconstRKqtNm -,SuIWMt b Vermveit d 23nd Gly AkkioM tDOK 9$'16 N111M s 980900
0062 SprepuefAqplewaylpfehmenRS - SpraqudApplewmlplahman KisReon 951i 016 411109 S 830,700
cIDM1T 8roodrroyVFaidw PCC IrMpnneoCOn -(3roaclvrsy arrd fanehesr 5TP(U) Alehvorth 1007i MG 911109 i 1.295.000
noee Brordwoy Ave ('rlnCrOverW l-901n Park Rd. (CT) AhAvoith 100X Olt 1DROmA f 351,000,
qplt 5fpmt GpiM►der Upg►sde Inpe Nob 100'1{• 0'16 1111I09 f M.AM
oorr spnueK:onWtn s1pn.l - 3prea,e at,a caniMn oevewpen Aail t oax o% 1 ai roe 3 300.or,
0002 6praptslSowdkeh PCC trtenecUOn - SprsQiM Wid ilowQiah STA Mdwprlh 100% 0% t OrIAIOB i 882.(la)
Ppks Prol"
1W2 oasemorcartw oemounon -MkWw miaea«a,.n asks w9a ,oox o% aleroe i so.cwo
0x173 Park Rd SlrMnmwg Pppl Up@ra4e - Fork Rd pwks we,l +nox es% asmo
om4 Tertpae Vieir 9wlmmnp Paol Upprsdo - 241h end Tarwoe Vlsw Pptm West 100% 73% Elb.'D9 f 3,379, %75
11075 YalleY ti6seiait SrAmminp Pool Uparsde - Mqewn Ave PaMici Weat 10056 231i 81Srp9
00701 vilby MISs1on Park Upprede - AAbnia/ Ave Vertce West 0% O% fs/15109 S 372.000
-,or%, CMIUren'e Unweraal Park- Mirabaeu Petkwey ParksI5iato Wnrley 0% OX W/RI0 S1,o00.Otxl
1:_anRemlpl Tr,til RRrtMotMt Wektt Seniiau Perke Wq1py 2008
Sheet Precervation ProeCts 2 1.?a0.0op
ncn-, nishmen MicA RefiaU • Applawoy Ave W16IA Ave CJIy Xbin nfe 0'K 8l17tY1 ! 230,988
ON33 AAantoomarv Ave Roha6 - Aiqonna Rd to Unlvorriry P.d CNy Kleln nh 09t 917r08 f 24Z,0o0
Road DsaWn Probca
!xf54 sditt Awrnue PaittvMey -1Noodnifl to SYfAa (PE) 3'TP(E) AI?MOrlh 6'!ti 0'!L iY1 J00 f 355.00i 4
nae8 &oadwpy Aw Rehab - Fendw lo TTimwman fPEl STP(U) AtOwwth 0% p% 6/1R4 S 500_nco
om Broadwaq llve_ - Moao Oo Flora (P£. RW) Tt8 Aidvorth S% Mb 10I1109 1 2,198.0011
Sawer Woiecb
rxr,-6 SOafdfrvs - PavoAotk 1rMloru ~Mht! of Mwtklu~+~V CMV Adt 100% 0% 1 t1110l1 3 16,04't
0067 Geandview Aaes - Paveheck -13vtlar b C.emenf. Fit'vviow ro Emphe CAY AAt 10014 100'14 711I00 i 7.7; P.
(w98 Trwkwood - PavaOUCt - VsUer h► Ererpreen, trere b Weiesley Cft H1t 100% 10p% 711109 f 49.000
0091 Rackwell/5ummemlelC i'heee 1- Pevebaclc - RockvsR, Everprean to SulMan Gty J1At 10096 BOT4 111t/D8 f 63.32:
!nSM Rockwep - i'meEsrli - Avalon b Adettse, TrarM Ip Wabash Giy Artl 1009L 10'K t tft= f 324,50i,
rM S„mmaAehf - PsveOack •Adorne lo SulGvan. Trantto aVymomc Ctty Arp 10046 70% 1IItA9 f 158.ee"
mB2 rwpsia - Psvebaek - Evergreen to Prvprew, SBUt b ft Clly Ar11 100% 90% 4l1/08 S 157.51,
00l11 Wfil1e Burt+ - Parehedc - Su1MvM b Flaro. Hh to f3+oedwaY Cllr Aro 1 Q0!` BO% 11l1 MB t 157 2C)5
Ottwr Proiects
0009 VaMey Cortidar Enviromeerrtal Sttxfy - Unlverniry 1o Tshirley sTP(u) w-tey ,run.ar s zes,onu
onn VMey Confdor - Prolea 2 • llnlverrft eo Erepeen ' &TP(U) Waior S4.200.00o
O091S SuNven Rd Bnrlpe wa Trerq InMpecpon Cly Wcaf i(ri. T t S,ono
OOeD GIY Hdl ProtrAmmmy.aNe Plannirp CRy WnAfr,
StorrtwnMa Docsnl fwdNN fOa1D91 CW We=t
3beel UabMenenoe Slvepe FoaIlfY C4y Kerslnn
OGme VWley I'terJnc! WAQ Fioar DrDln PwAS V4Asst
0098 SproWe _ AQA,ITprovements CQ8C3 Aidvrath 5i:
' PutqU FundMO i crtal S 42.U57,12s
~•strtdo vtiwt.'Mavne r RF~o►rreAKTrn+o uonrTCSwM *1n v nE r.)nr,:mn, ,.On•,r,., :mn c.-
M E N1 U
TO: Dave A'Iercier, City :1lanager
FROM: Rick VanLcuven, Chicf of Palice
DATE: August 18, 2008
RE: Monthly Report Juiy 2008
lulv. 2008• Jutv.l047:
C:'1I) incidents: 5,626 CAD incidents: 4.727
Fteparc.ti taken: 1.582 Reports talcen: 1.480
Tcullic stops: 1,79$ 'I'taffic stops: 1,199
TratTic reports: 303 TrafFc reports: 346
CAD iacideats indicate ealls for service as well as self-initinxed officer contaets. Hot s}ot maps
are attached showing July residential burglarics. July cocumereial burglaries, July traffic collisian
hot spats and luly vehicle prowling hot spots, along with May and July stoten vchicle hot spc►ts.
Please note the addition of the numerical values to the hot spot maps as requested. Also attached
are eight bar graphs for 2006, 2007 and Ja.nuttry through July, 2008: commercial burglan•, garage
bwgltuy, resider►titil burglary, forgLr~I, malicious mischief, stolen vrhicles, dicft. vehicie prowling.
and property crimc.'s comparisons.
ADMIN[STRATIVF:
♦ C,hief Vattl,euven aucudcci the tust :►tuiua) S.C'.c_).l'.L..'F:A(' (f_XCcutive Aetion Conunittee)
picnic, lield in titiratxau NleaJows.
• Tiic: Chic;f participated in a round tahle {unch discustiiuii with Cungres,woman Cathy
McMnrris Rodgers and others to discuss way-s the low enforcement community° and the
Spokane VA Medical Ccnter can w•ork togetlrer regarding at-risk veterans.
•A "100 Ycars of Motorcycics" [ally Snd CoriCett SeCieS vvas fticld at thc 5pokunr C;ounty
Fair & Expo Center, and Spakane Va11ey and Sherin's Departmcnt providcci law
cnfotcement securitv for this event. Auendnnce was lower tluin anticiputed and problems
were relatively minor. Any overtime costs were reimbursed by the promoter.
• Sgt_ Mike Zollars represented the Spokane Valley Pntice Deparcment at a prcconstruction
mrcting for the Pincs-Mansfield curridur.
♦ Chief VanLeuven bave opxning remarks at a uminar on the Virginia Tech Terrur, held at
Narihern Quest Casino. The event w-as ver}• well attended, and was a good exfunple af the
quality of lraining that is being hosted hy the SherifFs Dcpartment•
• nuring thc month uf July. Chief VanLcuven was "on call" for a total of 9 twelve-hour
shifts for pstrol lieutenants.
P:iL'e I
CUIIIMUVI'I'1' ORLEN'fEU POLlClti(,:
•(n July the four Spokane Valley st:i(IUIIJ %%crC ;iiWkr.i uI (A tl) ai:d
f irlmet fitting at Mt. V4'est Bank at f'ines sind Mission; S.C.U.P.F. tlagging class at tl
Valley Prrcinci; Centennial Truil training for S.C.O.P.E. volunteers; and the F..xecuti%
.•lction Committee (EAC ) picnic at Miraheau Parl:. Voluntecr hours for July For each
the four Vulley stations wcrc: Ceneral Vallev. 539; Edgeclifl', 591; Trentwood, 377; cu
lIniversitN. 608, l0r a ttilal ut 15 hOurs
♦ FcirtN attiandonrJ i,chicleti uere iagg«1 for iciipoundment in tlie tipok;uie Valley in Jul\ hy
S.C.O.P.E. volunteers, with 10 of the vehicles eventually towed und lU citations issued.
Twenty-four vehiclc hulks were also processc,~ in ]uly.
♦ ln the busicst month the S.C'.C).P_E. Incident Response Team (SIRT) hus ever had, the
volunteers contribiited more than 414 on-scene hours (including vavel time) in a four day
pxriod ussisting with the Valley View Fire. Additionally in July, SIRT members
qntrihtitecl (R hoitr,; to three events that oceurred in Spokane C'ountv and had 13 dispatch
~ . . , ,
lI1fISiCIlOIlS. i1l1111g N'ljfl /r.
c)1'L ltA. Ill)
Mxssive Law F.nforcement Opcratioa Net9 24 Fedcral Arrests for Criminal Gang Activity
.\lultiple indictments were unscaled in Spokane July 14, charging over 24 members and associates
tif the Crips and Gangster Disciples gangs with more than 40 fcdrrFil crimes. A massive l.iw
ccitoreement operation invulving more thiui 175 federal, stntc and local law enforcc.~rr►ent ofTicers
took place the same day, NNilh 20 arrests in ihr Spokanz area and 4 in Tucoma and Sraui.-
Anulher 11 indivicluals wcre arrc.~sted on state: charges. (h'rr 20 tederal search warrttnts
exeruted in connection with the amests. The csperation cappcd an 18-month-long investigati, conducted by the Spokane Violent Crime Gang Enf'orcement Team (GET), consisting of numetc+l.
Itical, state and fedeml law enfurcement agencies. GF,T is also supported through Pr(~Ject Su;,
Neighborhoods.
F raud Suspert Faccs Multipic Fcluny C harges
A Spokane man faces nine felony chsirges for his deceits that involve.d three cliffrrcnt Spukane
Valley auto dealerships. Detective Chuck lialey said the pending felony charges involve incidents
where the su5peet took vehicles from Towm and Countrv Auto, Three Fat Guys Auta, and Barton
Jc.ep, 10819 E. Spraguc. Iialey said in each case, the suspect completed purchase agreemcnts
without ever intrnding to buy the sperified vehicles. He took thr a•ehicles and in each case later
abandoned them nRer ihe}' were damaged. I❑ additian to presenting a p6ony insurance card, the
su.Spert also provided names of a nnn-existent credit union and presentc:d bad credit card
information. He %vas chargcd with threr counts af Theft of a Motor Vchicle, three counts of
E'awc ,
Forgery, nne count of l" Degree hlalicious %4ischief and two counts c►f 2'`' Degree N'lalicioui
1~4is~hief.
Srarrh Warrant Ubtaincd for f)omestic Viotence Situation
The SCSU SWAT tearn wus calleci uut after the Spoksne Vrilley Police loc;ated a"wanted" suslxct
with valid wturants for pomcstic Violence J No Contact Onder restraining him From heing at the
residencr_ Due to the suspect's history of DV and potential for v7olence, the SWAT Team
executed a search w•arrnnt. The suspect refused to comply titizth commandg to exit the residenec,
and upc►n entry by the SWA? team, the suspect and a female along H7th an infant child, werr
located in a back rcom. The suspect aLtempted to use the infant as a shield at the time of the
SWA'1' team enlry. The SWAT team effectivelv and safely detused the situf►tion and removed the
suspect without injury to either the femAle or the infant from what was potentially a ven•
iiangcrous situation.
Mnbilc Homc Fire KiIL 'fvti•o
A mobile home firz that appearecl to be accidental in nuture tuuk the livcs of twu temale subjects.
`Ihe fire accurred in the 9400 block of L. 4`h.
Uropped Phone Lesids to Arrest
Spokane Valley Policc arrested a 19-ycAr-old Veradale resident nfter he drupped his celluiar phane
while stcaling tvvo cases of beer from the 4h and Sullivan Roaci "Lip 'I'rip. The suspect entered the
store, picked up the two cases af beer and exited the store withaut gaying. Ne dmve off beforc a
store employee wuld gei thc: license number, but she saw the suspeci drop a red cellular phone as
he jumped inta the vehicle. Offieers responding to the Lip Trip tearned that the suspect had called
the clerk und claimed someone had stalen kus phone. Further investigation by the officers led to
an address c►n E. 170', where they found the suspect hiding in the beckvard. He was cited far 3"d
Degree Theft.
Pit Bull Hanged, Fathet Arrested
A Spolcane Valley father was, arrested for Residrntial Burglanl and 1" Degree Animal Cruelty
when he hanged a friend's pit-buIl terrier af3er the dog attacked and injured his 8-year-old son.
Police invcstigation revealed that after tbe suspect learned the owner was not going to put the pit
bull down afler the attack on ttte 8-yesr-old child, he entered the rnwnc.r's apartment withc►ut
permissian and }:illeci the dog by htutging it Crom the apartment cciling.
Son Stegls from Motber and ls Arrested
()fhcers arrested u 45-year-old Spokane Vallzy rrsident Fifter Jcterniining ilkit hr had stulrn a pair
of checks from his nursing home-bound odoptivc mother. Another san w7th rrspocisibility 1or the
mother's linAncial atTairs had calle:l police to report suspiciuus chrck activity.
1'beft Suspect Pulis Knife on Yursuers
A? 1-yeut-old Spol:ane mttn was arreste.d on a pair of felony charges aftcr stealing u bicycle frum
Wheel Sport on North Sullivan Road and tttien pulling a 1►nifc on nn employee and others who
cliased him down For police. Witne.sses saw the suspeet grab a 5275 mountain bike that was on
display and ride away. An employee jumped on a second bicycle and began puisuit, and another
wimess jumped into a pickup truck and followed the suspect. When they stopped tn confront the
suspect, he pulled a knife. As they backed awnv. nfiicer Jim Etxl arrived and arrestecl the mulr.
Page 3
Suspect Arrestcd far Assnult ut Fast Food Businrss
Offtcecs arresteci aii 18-year-old Spokane man at'ten ce assaulted a c;ustomer at a Spokane Valley
lack in the Box and kicked in her «indshield. Appazently the subject bocame enraged when the
victim hanked her hvrn ttt the driver uf thc car ahead of her, Ftnd gut out of the car «fiere he was a
passenger, punching the woman in the face thmugh her open window. She foUowed the c:ar nnd
reported its location to officers. The susFreci then jumpe,d on the virtim's car hood and began
smashing her wincshield with his fect. I-le wa.s cventually arrested and chnrged with a fclony
count of 2nd Degree Malicious Mischief as wel( ns 4'h Degree Assault.
Burglar TAkes All
Someone broke into an espresso stand in the 13300 block of East Sprague and stole t~vo electrir
blenders, two cc►ffce grinders, three stainless steel 20 oz. mixing cups, a stninles,s steel wuler and
thc store's %ideo surveillance camrra 'I'otal loss to the aw-ner was cstimated at atout S6,000A0.
"1 iie incident is still under investigation.
Car Thief Biticn bv KA
With the aid of u sherift,s canine, Spokane Valle}, Police pursucd and c;aptured a car theh suspect.
When Ufficer Todd Saunders run a license plate oF a Handa he was follawing, it came 6aek as
`'stalen". He attempted to stap the car, but the dricer sped off ai high speed. Tlie officer lost sight
of the crar, but lhen saw it abandoned in an apartment complex parking lat. He began setting up
containment with other police units responding to assist. Detcxtive Scnt Velson and his canine
partner "Gordy" arrivad and begAn a track that ended when Gordp located the suspect hiding
under the dmaping limbs of an evergreen tree. '1'he suspect refused commands to cunic out, and
resisted arrest, pulling and t«isting to get away. The suspect wtis bitten once by the K-9 Gordy
but was not seriotLtily injured. Saunders arrested the stspect for 7'aking a Mntor Vrhicle without
Chmer's Permissian and Attempting to Elude a Police Vehicle. Hr drove him by a Spakaiie
VAlley medical center f'or treatment uf the dog bite before booking him into jail on the fclony
charges.
Ptige 4
Property Crimes Comparisons
(2008 is January - Juty)
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2008 JULY CRIME REPORT
Jul-08 Jul-07 OS to date 07 to date 07 Total 06 Totat Ob Total 04 Total
BURGLARY 78 49 428 321 584 714 744 897
FORGERY 35 32 221 247 365 334 464 485
MAUClOUS MISCHIEF 104 124 529 762 1,265 1,122 904 1,224
NON-CRlMINAL 68 62 547 483 839 811 749 916
PROPERTY OTHER 93 81 513 534 890 982 1.154 1,665
RECOVERED VEHICIES 30 30 210 197 343 403 333 390
STOLEN VEHICLES 40 37 313 288 478 711 803 577
THEFT 187 161 1082 1,102 1,881 1,888 2.256 2.853
UIOBC 1 1 2 5 8 11 8 10
VEHICLE OTHER 0 0 1 1 3 3 5 40
VEHICLE PROWLING 118 38 732 385 682 937 958 1,382
TOTAL PROPERTY CRlMES 755 635 4,576 4,335 7,338 7,916 8,178 10,519
ASSAUL7 76 79 540 518 853 648 894 880
DOAlSUICIDE 19 16 141 134 221 187 159 164
DOMESTIC VIOLENCE 112 88 640 507 874 736 782 755
HOMICIOE 0 0 1 0 1 5 1 S
KIDNAP 0 7 12 16 23 22 35 24
MENTAL 36 40 215 222 350 425 425 388
M P 10 7 55 43 83 88 97 1 Q6
PERSC?NS OTHER 109 123 758 785 1,337 1,159 1,256 1,824
ROBBEf2Y 9 10 45 44 60 58 56 58
TELEPHONE HARASSMENT 14 3 43 48 73 83 82 190
TOTAC MAJOR CfZ/MES 335 353 2,460 2,317 3,875 3,689 3,777 4,192
ADULT RAPE 3 6 30 29 43 29 39 37
CHILD ABUSE 12 8 101 68 104 78 101 126
CUSTODIAL INTERFERENCE 11 22 41 64 92 105 68 205
SEX REGISTRATION F 1 0 3 1 4 3 6 4
INDECENT LIBERTIES 3 0 9 11 18 15 9 21
CHILD MOLESTATfON B 4 39 27 48 69 87 77
CHILD RAPE 4 4 26 17 31 62 35 30
RUNAWAY 27 19 219 178 295 309 311 437
SEX OTHER 12 23 112 122 194 203 181 162
STALKING 0 2 13 10 17 17 27 35
SUSf'ICIOUS PERSON 11 12 79 90 152 177 244 341
TOTAL SEX CR/MES 90 100 672 617 996 1,067 1,108 1,475
DRUG 49 46 531 472 807 685 891 999
ISU OTHER 0 0 0 1 1 0 0 1
TOTAL fSU 49 46 531 473 808 665 891 1,000
TOTAL TRAFFIC REPORTS 343 346 2,290 2,162 3,800 3,345 2,403 2,776
TOTAL REPORTS RECEIVED 1,582 1,480 10,529 9,904 11 16,817 16,582 16,357 19,962