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2008, 05-13 Regular Meeting AMF'NAED A[aENDA ~POKANr. VALLFYC'ITV ~OUNC:I:L N.EGL+LAR Prri,EETiN(; +C'ouncil Meetrxtg #137 1ucsdav, May 13, 2008 6:fFO p.m. Spokan€ VaI[ey City Hall Council Chambers 11707 E Sprague Avenue L'tyuttc: e! Rerprrests Plerue ;S'a`lence Yvrarr C'gf7 Phnrres lJM~~ing C'ounciI Meetr'rrg CALL TO ORDER; INVOCATiON: P'astvr Manuel Denning, Fountain 3V[inistries PLET}GE OF ALLEGQANC:E. ROLL CALL: APPRO'VAL OF AGENDA: INTRt]DCDCTi[]MN OF SFE['T,AI. I;IJESTS ANID 1'1tESE1VTATI{]NS: 1'roclamat.znrr: (Jldc=r Arneracan`s 14foxalh c+nnrrra►UTTEE, BOArtD. Y.,LkISON sUMMf~~~ RFPORTs: MA1 k 1Ry:7 Yt r',r a.Pli l i FUBLIC COMMEN'TS: 'Fhis is an nppor#unity for dhe public tn speak an any suhject riot on the agend:t fiar actiran. WhcTY yc,u come lo lhe podium} please state vour riame and ar#dress for the record and lirnit remarks tn three minutes. 1. CONSENT AGENDAt Consisls of items considered rautine wFtich are :ipptot+ed rts a group, A Counr:ilmernber may retnove an itein frcrtn the Conseti1 Agenda ta be considered separstely, a. ApproWal of follnwing clairrr vouchers: list dated 412112008, begiryning wilh t+c3ucher 9 14276, ending with voucher # 1435 total amount $471,396.1 3 b. Payr411 for Pa}' Per;od rtleling Apri! 30. 2008; $3[}5,90$.28 c. Arparova] o9'Mecting Miiautes o£April 15, ?CJ0$ Coune61 Sludy Session d. Approval €r#'Meeting Miritites oGApril 212, i4{)8 Council Regular Meeting e. .4pproval cr1 M.ceting h'linutes of April 24, 2008 G'ouktcil at:ucl}r Session f. 1'tpproval of Resolution 08-006, WEDF14'I`ax Exempt Econonaic T?evelopme:nl Bond g. Appr,.~val of Resolutiori 08-007 1Zecreatioru'Conservation Grant fo~r Greenacres h. Approval of 24"y Avenue Sewer I;inc Utilitv ,A,geement i. Approval of-STA Cooperative Grant, Spraguefgowdiiii Tntersectic~rti NEW BUSINESS: Unifortn I7eveinpmenR Code Area-Wide Rez,ot7e, Grcenaeres I,ot 5ize: (a) Sla[istics - Mike Basinger/lCathy 14'IcCNung, {b} Ccou:ncil Motion Consideration/Discussioe7 [pul:ulac comment] 3, Sei:ond R.eading 1'aopased C)rd.inance 08-009 Atnendin~ 2008 Budget - lCen Tfiompson (public comment] Un uric il As`4rGd'a 0 5 -13-0 9 Rc.p [ar N-fe:etine. paga. I of 2 4. Proposed Resalution 08-008 Amending 2008 Transportation Improvcment Plan - Steve NVorle} (public comroent) 5. Proposed Resolution 08-009 Changc of'Speed Limit, Mirabeau Parkway Ncil Kcrste:n [public comment] 6. Motion Consideralion: 24''' .Ave Bid Award - Neil Kersten [public comment] 7. Motion Consideration: Universal Park Contract for Architectural Services Mike Stone (public commentJ PUBLIC CONIMENTS This is an oprortunity for the public to speak on any suhject not on the agenda for action. When you come to the podium, please state your name and address for the record anci lirnit remarks to three minutes. ADMINISTRATIVE REPORTS: n/a INFORMATION ONLY: 8. Potential Elcctric Billboards 9. Animal Control Update 10. l3arl.cr Ro>ad i3ridge Cl {_Nll lill (ontr:ict ;\mendmenl 11. Develonment Agrccment l,owes/Kohl's 12. Pcxot_Constrtrction Contingenc„y_Budget AD,IOURNMEtiT FUTURE SCHEDULE Regular Counei! Meetings are Renerally held 2nd and 4* Tuesdays, beginning at 6: 00 p.m. Counci/ Sludi, Ses.cinns are generully held 1°, 3'd nnd Stlr Tuesdtqs, heginning at 6: 00 p.m. N(_)ll('I:: Individuals planning to attend the meeting Hho reyuire speciaJ assistanee to accummcreiate physical, hearing, or other impairmcnts, plrase c(intact the Cit% Clerk at (509) 921-I INlO as soon as possiblr uw that arranFements ma} he made ('ouncil Agrnda 05-13-08 Rcgular h9ccting Pacc 2 „I'? i 4(iE'NUA SPOKANE VALLEY CI'I'Y CUUNC.II, REGULAR hiEETING Council Ttretiag #137 TnesdAy, May 13, 2fHl8 6:00 p.m. Spol:nac Valiey ('ity Hall Council Chacnber:t 11707 f? Sprague Avenuc Council Reqne.rtr P/cvse Slltirre Your C.e!! PHonr,s Da►inl: Counci! Mretinx CALL TO ORJIER: Ih`VOCATION: Pastur (vtunucl Ucr:nin_. Foujit:►irti ltitiistrics PL.EDGE UF AIjLEGUNCF.: ROLL CAI.1.: AI'PRt)VAL OF AGENDA: lN7'itODUCrION UF SPECIAL C;ifF..STS AND PKF..tiENTATIONti: Proelumaliun. C)lder ; imrricsur's A1on[h CQNMITTEE, BUARll, LU150?V SUAt1URY EtF.f'ORTS; M.AYOR'S REPOTt1': POBLIC COjtAiFNfS: T7iis is:in npparninity fiir thi pufiite ro speak on ariy subjeLi tmt un the agenda fur action. Whcn you comc tn thc podiutn, plca.<<r :totc viitu nctrric and addtes:, fnr thc rccatd attd limit rcmatks to fluec minutL:=. 1. CONSEN1' AGF.NDA: C'uiuLits uf ilccus co►LiJcrcd ruutiuc whicb are approvcd :is a groLiP_ A t.nuneilmembcr may rcmove an itcrtt fraai the Canscnt Ageni3a tU be considct+ed sepuralriy. n. Appruvnl of folluwing claim vouchcrs: list d.ltccl-0/2112Q48, bcgicuiLyg wittl vpucher li 14276, ending with vaucher N 1435 t, totn) antouttt S471,396.13 b. ps}•roll for Pay Prriad F.nding April 30, :pQR: l•305.908.28 c. Approval of Mcrting Minutcs of April 15, 2008 Council Study Srssion d_ Approval af Mccting Miwtes of Apri! 22, 2008 Council Itegular hieeting c. Appravnl uf Mcrting hlinutcs of Aprit 29,2008 Council Study Sessian f. Apnrovnl uf Rcsolution 08-006. WEDFA T'nx Exempt Ecanomic Uevefopment Snnd g_ Appmti•al u1'Rcsulutlon 08-007 RccrcadonrConsrrvation Grant fnr Grecnrtcres h. AFsproval nf 20 Avrnue Scwer Line Ucility Agmcmcnl i. Appcoval af ST.1 t'oopcrativa arttnt, Spr.►gurlIIowdish Intcrscction NF.W Ht►SIlYE.SS: 2. [.fnifartn Devc}npment Cude Area-Vr`idC Rczirne, [;;2cnacrrs Lut Sir4: (a) Statistics - Mike Bssingcr/kaihy McCltmg (b) Council Motian Consideration/Discussian [pIIhIiC CUt1IQ1CDl] 3. Second Keaiinb Proposed Orciin:uicc 08-009 Amcnding 2008 Budgct - Kcn 'ilyompuon (pubtir aimmcnt+ lNti:s,ds II1-1 i-liy t~r_ u1:c 1(_ct~ri.; Pagc 1L•t •1. I'rupcTseJ Rccolutiun 08•003 Arnendin4 2008 I'r.tnsrort.►tion Inipr,vctnent f'Lin Stcv;: W„rley (Public tummcAtl Proto5et1 Resolutiun 08-0x)1) Ch;+nge uf Spezd Lin?it,,\firahcau Parkw, y- Veil kcc;trn (pnbUt eammeatj 6. Motian Cnnsldcradon: 24'~ Avc Bid Award - Neil I:crstcn [public c(irnmcnti 7. Motion Considcratipn: L'nivcn.il T'.uk C_ Jfi[I'dct ~._r :~rJtilrct!iruf ~~r. itic, tilikc titonr. (publlc conmcnll PUBLIC CUMMFrN'fS )liis is an upponunity for ttic public to speah on an} suhject nut an thc agenda tor actioci. Whrn }csu comc tu thc podium, plessc stfue your narnc and address for the record and limit rcmarks to three minvtes. ADMINISfRAT1YF REI'URTS: nlg [NHURN[ATION OyLY: R. Patcnti.-d l~lcctric BiUtv:;rds 9. Animal C:ontrcil Updete lU. Bsriccr Road IIridgrJ(.~H2Nli-{iit ('nntract ,Amendmcrit ADJOLTItNM f?NT h"t'TURE SCTIF.1?G`LE Regula► Counrfl hfettinga ase geReral/p htld 2nd and I°" Tursdays, beginHing at 6:00p. m. C'ouncil.s7urti• .1'rsslons ure gerttra111, held l'. ;"4 anrl ;th TuESda}•.s, he,ginnin; ut 6:00p.m. N*01[L7:: [nJividuuls plrcmrng Iu stt-n:! thr m,chng :,ho rtqirirt .Tcou! assisinnu: cu accummotLass physicsl, hesrLVf,ut C,clur impuTmcctt~ please auttct ths Cily C'Ick ut (509) 421-1000 ns saon as poasble w ihat nnangcmcssts maY !x mnik. (",-,uncil Aginuixi 05•I;-08 Rcgvlnr tit"ui!e !'a;•c 2 j_!'' Yj CITY OF SPOKANE VALLEY . Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 9 new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Voluntary Mitigation Agreement (Developer) Agreement for the Lowe's/Kohl's Retail Center for improvements to the Intersection of Sprague Avenue/Conklin Road GOVERNING LEGISLATION: UDC Section 22.130.030 Required lmprovements, UDC 22.20 Concurrency PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Lowe's/Kohl's Retail Center is a project located on Broadway Avenue east of Sullivan Road by Black Enterprises LP. The project was a two-phase project; first, the Developer divided a single parcel into 3 commercial parcels with a Binding Site Plan (BSP-01-47). Then constructed 2 commercial buildings, a Lowe's and a Kohl's Department store. This_ project wrill contribute increased traffic volumes to the intersection of Sprague AvenuelConklin Road, which will result in a lowering of levels of service below our adopted standards. The project has been conditioned through SEPA to mitigate the impacts of the increased traffic volumes. Public Works Capital Improvements and the City Traffic Engineer previously identified the intersection of Sprague Avenue/Conklin as meeting warrants for a traffic signal. Capital Improvements has a tentative schedule to start construction of the signal in July 2008. This project's proportionate share for the construction and design of the project was determined to be $147,500. The developer had the option to complete the traffic signal design and reduce the contribution by up to $40,000. Black Enterprises has agreed to the amount of the contribution and opted to pay for the signal design. The design has been reviewed and accepted by the City. The total cost for the developer for the design of the traffic signal is $39,053.21. Therefore, the developer will contribute an additional $108,446.79 (i.e. $147,500 minus design costs of $39,053.21). The agreement specifies the details of the payment. , Thecost of the improvements is estimated to total $250,000 (design and construction). The cost estimate was prepared by Public Works Capital Improvement staff. The difference will come from additional developer contributions. As specified in the agreement, these funds will be placed in a mitigation fee reserve account and must be utilized to fund the design, right-of-way acquisition, and construction of the project. ' Any funds in the mitigation reserve account not utilized within five years shall be refunded by the City. This agreement is being expedited in order to prevent the Developer from accruing penalty fees on the Letter of Credit obtained for construction cost. . ~ OPTIONS: Accept or not accept the Voluntary Mitigation Agreement for a proportionate contribution towards a signal at the intersection of Sprague Avenue/Conklin Road. RECOMMENDED ACTION: This item will be placed on the May 20 Council Agenda as a motion consideration to Authorize the City Manager or designee to execute the agreement with Black Enterprises LP. r BUDGETlFINAPICIAL IMPACTS: NIA STAFF CONTACT: John Hohman, Senior Development Engineer ATTACHMENTS: . 1. Voluntary Mitigation Agreement l . After Recording, return document to City of Spoknne Valley Attn: City Clerk 11707 E Sprague Avenue . . Spokane Valley, WA 99206 VOLUNTARY MITIGAfION AGREEMEiVT Lowe's & Kohl's Retail Center I3SP-O1-Q7 This iMitigation Agreement ("Agreement") is entered into.by and between Black Enterprises LP ("Developer"), a Washington Limited Liabil.ity Company, and the City of Spokane Valley ("City"), a polit'tcal subdivision of the State of Washington, hereinafter jointly refened to as"Partics." RECITALS 1. This agreement is entered into by the Parties pursuant to RCW 82.02.020 to mitigate a direct impact identified as a consequence of the development of the property. 2. The Developer is the owner/deyeloper of certain real property of approximately 22.7 acres and generally located north of and adjacent to Broadway Avenue; and is situated in Section 13, Township 25 North, Range 44 E, NVM, in Spokane County, R'ashington. Said property is more specifically described in Exhibit A attached hereto and by th.is reference incorporatccl hercin. 3. - The Developer has received approval of the Binding Site Plan identified as BSP-01-07, a comrnercial development which will create three (3) com.mercial lots. Traffic mitigation has been required as part of the approval process for the final plat with the following condition of approval: • l/ 1. The developer is to contribute ($147,500) of the cost for the design and installAtion of the Sprague/Canklio signal. The developer may opt to comptete the-signal design and reduce t6eir coatribution by the consultaot's design fee. This option wauld be subject to the following requircments: a. The reduction for the design fee may not cxceed $40,000. . b. The developer's cansultant will prepare bid-ready plans, specifications and enginecr's estimate to City specifications. The City staff will provide reviews at 60% and 90% completion of the plans. c. Final plans, specifications, and estimttte are to be completed by August 31, 2007. 4. The Parties are desirous of entering into an Agreement, which provides for the payment of a proportionate share of improvements deemed necessary at the intersection of Sprague Ave. and Conklin Road, which are a direct result of traffic impacts associated with the Development. 5. T'he Developcr's contribution to the traffic signal shall be $147,500, minus up to $40,000 offset for the design for the traffic sigial. The City estimates the cost of the traffic signal at $250,000. AGREEMENT NOW, TI-E.REFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agee as follows: l. Voluntarv Agreement. This Agreement, including all attached doeuments, is a voluntaJy agreement as that term is used in RCW 82.02.020. The contribution offered is proportional Co the traffic related impacts generated by the Development. The parties acl:nowlcdge that the project is reasanably necessfu-y to mitigate the direct traffic impact of the Development. In the event this mitigation agreement is breached by the Developer, all of the City's obligations under this agreement shal) terminate. In the event this m.iUgation agreement is determined by a court Cn be invalid, the City shall refiuid the unexpended portion of the contribution, and the Cily's obligations under this agreement shall terminate. 2. Proiect. The project shall consist of the design and• i.nstallation of a traffic signaI at the interscction of Sprague Avenue and Conklin Road. The mitigation fee is based upon the cost of the traffic signal. 3. Contribution. The laeveloper shall pay $147,500, (minus up to $40,000 off'set for the desia for the traffic signal) which has been determined to be the Developer's proportionate contribution to the Project for mitigation of future traffic impacts related to the Development. ?his traffie mitigation fee shall bc used for the design andlor construction of the improvements to this intersection. 4. Payment The I?eveloper agrees to pay all of the above identified mitigation fee no later tlian thirty (30) days after the project bid date for construction. The City will notify the Developer in writing of the Project bid date when it is determined. If payment is not timely received, the City may immediately access the fimds secured by the letier of credit described btlow. A letter of credity which gives the City a un.ilateral right to access the funds pursuant to this ageement from a finaneial institution, shall be provided to the City upon execution of this agreement and prior to acceptance of this agreement by the City. i ' S. Comnliance with RC`'V 82.02.020. Payment collected by the Ciry will be held in a mitiDation fce reserve account and may only tie eYpended to fund the design, right-of-way acquisition, and construction of the Project. Payments shall be expended within five (5) years of collection. The City shall be entitled to reimbursement from the mitigation.fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five (5) years shall be refunded by the City with interest as provided in RCW 82.02.020. 6. Nntice: - All communications, notices or demands of any kind which a parly under this Agreement is required or desires to give to any other party shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 E. Sprague Ave., Suite ] O6 Spokane Valley, NVA 99206 Fax: (509) 921- ] 008 Attn: City Manager 1f to the Developer: Black Enterprises LP 107 S Howard Street, Suite 500 Spokane, WF199201 7. Successors. 1'his Agreement shall be binding on and inure to the benefit of the successors ancl thc assigns of the Parties. ' 8. Governine Law. This Agecment shall be construed in accordance with the Iaws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdicrion in Spokane County, Washington or as othenvise provided by statute. 9. Modifications. No modification or amendment of this Agreement shall be valid u.ntil the same is reduced to writing and executed with the same formalities as the present Agreemenl. 10. Waiver. No officer, employee, agent or othenvise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breaeh oP this Agreement shall be held to be a waiver of any nlher or subsequent brcach. ' 11. RepreseataHon. This Agreement forms a fully integrated ageement beriveen the Parcies. No other understandings, oral or otherwise, rcgarding the subject matter of this Ageement shall be deemed to exist or to bind any of the Parties hereto. All Parties have read and understand all of the Ageement, -ancl now state that no representation, promise or agreement not expressed in the Ageement has been made tn incluce any Party to execute the same. • 12. Authoritv. Both Parties to this Agreement represenY and certify that they have full authority and - power to enter inio and carry out this Agreement. The persons signing this Agreement represent that they have, authority to act for and bind their respective principals. ~ IN WITNESS WHE2EOF, the Parlies have executed this Agreement this day of 2008. DEYF,LOPER: By: . Its: Name: STATE OF WASM:[NGTON ) ) ss. County of Spokane ) On this day of 2008 before me, the undersigted, a Notary Public in and for the State of Washington, duly commissioned and swom, personally apnearecl to mc known to be the of I the corporation that executed the foregoing instrument, and acknowledged the instrument to bc the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WI`1NESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTA.RY PUBLIC, in and fpr tfie State of Washington, residing at My commission expires: Printed Name CITY OF SPOKA.NE VALLEY: ATTEST: David Mercier, City Manager Christine Bainbridge, Ci[y Clerk APPROVE17 AS TO FORM: Office of the City Attomey , c~ i ' EXI~IRIT A Parcel A '1'hat portion of the South Half of the North Half of Section 13, Township 25, Range 44 . East W.M., in the City of Spokane Valley, Spokane County, Washington, lying Southerly of the Soulherly line of Primary State Highway No. 2, described as follows: Beginning at a point 20 feet North and 20 feet East of the West Quarter corner of said Sectionl3, running thence South 89'51' East, along the North line of Broadway Avenue, 1,576.46 feet to the True Point of Beginning of the tract of land herein described; thence ' North 0'07" East, 1,306.99 feet to the North line of the South Half of thc North Half of Said Section13; thence South 89'57' East, 1,038.72 feet, thence South 0' 14' West, 1,308.73 feet to the North line of said Broadway Avenue; thence North 89'5 1' West, along said Broadway Avenue, 1,036.16 feet to the Point of Beginning. Except that portion conveyed by Statutory Warranty Deed recorded under Auditor's File No. 4676061 described as follows: That portion of the Northwest Quartcr of Section 13, Township 25 North, Range 44 East . W.M., more particularly described as follows: Commeneing at thc West Quarter corner of said Section 13; thence South 89'59'36" East (South 89'5 1'00" East Record) along the South linc of said Northwest Quarter, a distance of 1,596.31 feet; thence North 00'01'36" West (North 00'09'00" East Record), a distance of 56.00 feet to the North Right of Way Line of Broadway Avenue; thence North 00'01'36" West, a distance of 259.35 fcct to the True Point of Beginning; thence contuming North 00'01'36" West, a distance of 880.80 fEet to the Southerly Riglrt of Way Line of Interstate 90; thence along said Southerly Right of Way Line, the following hwo (2) courses: 1) South 73'47'13" East., (South 73'33'30" East, Record) a distance of 387.$7 feet; 2) South 79'29'5 1" East, (South 79' 16'08" East, Record) a distance of 65.4$ feet; thence south 00'01'47" West, a distance of 760.79 feet; thcnce Alorth 89'58' 13" West, a distance of 436.03 feet to the True Point of Begituiing; Situate in the Counfy of Spokane, State of Washington. And except Broadway Avenue. 1 Parcel B That portion of thE South Half of the North Half of Section 13, Township 25 North, Range 44 E-ast W.M., in the City of Spokane Valley, Spokane County, Washington, lying Southerly of the Southerly line of Frimary State Highway No. 2, described as follows: Beginning at a point 20 fect North and 20 feet East of the West Quarter corner of said Soction 13, and running thence South 89'5 1' East, along the North line of Broadway Avenue, 2,612.62 feet to the True Point of Beginni.ng of the tract of land herein described; thence North 0' 14' East, 1,308.73 feet; thence South 89'5 l' East, and 519.36 feet; thence South 0' 17-1/2' West, 1,309.60 feet, to a point on the North line of said $roadway Avenuc; thence North 89' S1' West, along said Broadway Avenue; 518.08 feet to the True Point of Beginning, . Except that portion conveyed by Statutory Warranty Deed recorded under Audtor's File No. 9107240233 described as follows: That portion of Section 13, Township 25 North, Range 44 East W.M., in Spokane County, Washington, described as follows: Beginning 20 feet East and 20 feet North of the Southwest Corner of the Northwest Quarter; thence South 89'51' East along the North Right of Way line of Broadway Avenue, 3,130.7 fect to the True Point of Beginning; thence North 0' 17-1/2' East 747 feet, more or less, to the Southerly Right of Way Linc of Primary State Highway No. 2; thence Northwesterly along said Southerly 12.ight of 1Vay Line to a point on a line which is parallel with and 200 feet West (measured at right angles) of the last above described line; thence SouCh 0' 17-1 /2' West 805.5 feet to thc North Right of Way Line of Broadway Avenue; thence South 89'5 1' East 200 feet to the Truc Point of Beginning. ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-1308 City Manager Sign-off: Item: Check all that apply: ED consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending IegislaUon AGENDA ITEM TITLE: Approval of the Following Vouchers: ' Voucher list dated 04121/2008, beginning with voucher # 14276, ending with voucher # 14351, total amount $471,396.13 ~ • . RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Lisa Combs, Accounting Technician ATTACHMENTS Voucher Lists O '0 0 0 •vchlist Voucher LiSt . Page: 1 0412112008, 4:49:21 PM Spokane Valley . Bank code : apbank . Voucher Date Vcndor Invoice PO # DescriptionlAccount Amount 14276 4/10/2008 000324 SPOKANE CO. WAIER DIST. 03 170-0040-03 7URN-ON CHARGE 25.00 Total : 25.00 14278 4l14/2008 001647 SFCC CAREER CTR Job Fair 20118 JOB FAIR 2008 25.00 Total : 25.00 • 14279 4/1612008 001650 ZEIRSCHEL, ALAN Water Meter REIAABURSEMENT FOR WATER AAE 5,911.71 . Total : 5,911.71 14284 4l17/2008 000030 AVISTA UTILITIES Refund REFUND DANOAGE DEPOSI7 295.00 . Total: 295.00 14285 4/21l2008 000150 ALLIED FIRE & SECURITY IVC20077375 KEY CLOSET: CP 45_61 SVC315945 2ND QTR 08: NiONTHLY MONITORII 111.00 SVC318810 KEYS: HR 86.34 ' Total : 24295 14286 412112008 000335 ALTOPI'S TIRE INC. 6-33186 BRAICES: 35517D 489.79 6-33206 BRAKES: 40201 D 88.10 • Total : 577.89 14287 4f21/2008 000674 APA 134254-080302 ANfdUAL AAEMBERSHIP: KENDALL 200.00 Total : ' • 200.00 14288 412112008 000030 AVISTA UTILIl1ES 090091047 UT1LfTIES: CP 6,352.60 410102159 UTILITIES: BARKEWMISSION 56.41 ' Total : 6,409.01 14289 4J21/2008 001017 AVTECH SOFTWARE INC M008031471 SOFTWARE MAINT RENEWAL • 255.00 . Total : 255.00 • ~ 14290 - 4/21/2008 001646 BANNER BAfdK 4375 VISA: SCHIMMELS 75.00 4466 VISA: GRIFFITN 908.34 , Totil : 983.34 14291 4/21/2008 001648 BERK 8 ASSOCIATES 5682-02-08 CTED GRANT 3,633.50 Page: 1 vchlist Voucher List Page: 2 0412112008 4:49:21PM Spokane Valley Bank code : apbank - - Voucher Date Vendor Invoice PO # DescrlptionlAccount Amount 14291 4f21/2008 001648 001648 BERK & ASSOCIATES (Continued) Total : 3,633.50 14292 4121/2008 001565 BERRETH THOMAS PRINTING 24842 BROCHURES: CD 154.21 Total : 154.21 14293 4J21/2008 000918 BLUE RIBBON LIMEN SUPPLY, INC. 8908565 LINEN SERVICE: CP . 133.12 Totsl : 133.12 14294 412112008 000148 BLUMENTHAL UNIFORMS 8 EQUIP 658848 41973 EPABLEM CHANGE: COSV POLICE 8.69 - • 660822 41973 EAABLEM CHAIdGE: COSV POLICE 8.69 . 663420 41973 EAABLEM CHANGE: COSV POLICE 26.06 664393 41973 EMBLEM CHANGE: COSV POUCE , 19.55 ' Total : 62.99 14295 4/21l2008 000796 BUDINGER & ASSOCIATES INC. P/107309-1 APPLEWAY AVE: ENVIRO ENGINEE 668.50 Total: 668.50 14296 4/21/2008 001022 GARR SALES C0. S1014781.001 LAMPS: CP 739.16 - Total : 739.16 14297 4/21/2008 000101 CDW-G JQV7701 41974 PW: HP XW6400/MONITORS 6,688.96 • 41974 JSX3578 41986 - HP WORKSTATIOfd XW6400 3,082.84 Total : 9,771.60 14298 4/21/2008 OUOgGB CHARLEY'S CATERING COMPANY Catering 3/20/08 . CATERING: SERVATRON 283.90 . Total : 283.90 14299 4/2112008 001048 CITY PARCEL DEUVERY, INC. 1284056 COURIER SERVICE: CD 27.12 1280075 COURIER SERVICE: CD 27.12 ' Total : 54.24 14300 4/2112008 001440 CLEARPATH RE, LLC 57 CITY CENTER PROJECT: CD 9,060.00 Total : 9,060.00 14301 4/21/2008 000957 COBALT TRUCK EQUIPMENT ' 23481 ' 42000 SAFETY EQUIPMENT FOR 2008 F1; 1,371.52 42000 . Total : 1,371.52 Page: 2 . -0 0 0 vchlist Voucher List Page: 3 04121/2008 4:49:21 PM Spokano Valley ' Bank code : apbank Voucher Date Vendor Invoice PO # DescriptlonlAccourrt Amount 14302 • 4/21/2008 000606 COLUAABIA FIBER SOLUTIOPIS 1477 DARK FIBER LFASE 228.06 Total : 228.06 14303 4121/2008 000603 CONTRACT D[SIGN ASSOC., INC. 25412 41985 CHAIR FOR MARTY 616.11 Total : 616.11 14304 . 4/21/2008 000235 DATA 6ASE RECORDS DESTRUCTION 29207 ONSITE DOCUMENT DESTRUCTI01 60.00 • Total : 60.00 14305 4/21/2008 000278 DRISKELL, CARY Mileage TRAVEL EXPENSES 87.88 ' Total : 87.88 14306 4/2112008 001651 DUKES CAR CLUI3 Retund ' REFUND DAMAGE DEPOSIT 180.00 Total : 180.01) 14307 4/21/2008 000999 Fr4STERN WA ATTORPlEY SVC, INC 12092 SERVICE: GRIMM TRUST 55.00 12647 SERVICE: WILLIAPAS 45.00 ' 12648 SERVICE: KARSHIdER 45.00 Total : 145.00 14308 4/21/2008 001447 FREE PRESS PUBLISHING INC 30067 LEGAL AD: PW 89.60 30123 I_EGAL AD:'CITY CLERK 25.00 30124 LEGAL AD: PLANNING 88.40 30125 LEGAL AD: PLANNING 69.70 30145 LEGAL AD: PRQJECT 003 52.80 30229 LEGAL AD: CITY CLERK 11200 30232 LEGAL AD: CITY CLERK 34.85 30233 LEGAL AD: C(TY CLERK 35.70 30234 LEGAL AD: PLANNING 85.00 30235 LEGAL AD: PLANNING 59.50 63627 5 YR BIRTHDAY AD 250.00 Total : 90255 14309 4f21J2008 000735 FREEDMAN TUNG BOTTOMLEY 60488 SPRAGUE/APPLEWAY SURAREA 256.99 Total : 256.99 14310 4/21/2008 001652 GLATTING JACKSON PCERCHER 0029582 COIJTINUED TRANS SUPPORT 24,805.00 ' Page: 3 vciilist Voucher List Page: 4 04121/2008 4:49:21PM Spokane Valley ' Bank code : apbank ' Voucher Date Vendor Invoice PO # DescriptioNAccount Amount 14310 4/21/2008 001652 001652 GL/1TTING JACKSON KERCHER (Gontinued) Total : 24,805.00 14311 4/21/2008 001253 GORDON THOMAS HOPJEYWELL 83042 AAAR 08: LOBBYIST SERVICES 2,219.96 ' Total : 2,219.96 14312 4/21/2008 000007 GRAINGER 9604482571 41925 PAINT 32.19 Total : 32.19 14313 4I2112008 001643 WEALTHCARE FIIdAIdCIAL PAGT Refund REFUND DAPAAGE DEPOSfT 50.00 Total : 50.00 14314 4/21/2008 000009 HEWLETT-PACKARD COMPANY 43762236 41957 _ HP 146 GB HARD DRIVES FOR PW 585.44 Total : 586.44 14315 41211'2008 000741 HONEY BUCKETS 0639014 V'VEEKLY SERVICE: MISSION PARK 103.00 , Tatal : 103.00 14316 4/21/2008 O01018 HP EXPRESS SERVICES HPE680708 - 41994 HP CARE PACK SERVICES 2,445.00 Total : 2,445.00 14317 ' 4121/2008 001580 HSC REAL ESTATE Refund REFUND DAMAGE DEPOSIT 50.00 . Total : 50.00 14318 4/21/2008 000022 INIAND BUSINESS PRODUCTS, INC. 55846 PHOTO ID CARD 23.89 Total : 23.89 14319 4/21/2008 000070 INL'AND POWER & LIGHT CO 94202-002 MAR 08: FLORAJTRENT 48.28 94202-003 MAR 08: TRN SIGNAL 6226 • 94202-005 MAR 08: DISHMANlSCHAFER 136.49 94202-006 MAR 08: STREET LIGHTING 211.68 Tota I : 458.71 14320 . 4/21/2008 000012 JOURNAL OF BUSINESS INC. 002305502 ADVERTISING: 1,050.00 . Total : 1,050.00 14321 4/21I2008 001644 IANDED GENTRY Refund REFUND DAAMGE DEPOSIT 50.00 Total: 50.00 14322 4f2112008 001234 LIBERTY IAKE COAAAA CHURCH Refund REFUND DAMAGE DEPOSIT 180.00 , Page: 4 • I \ y 1 ~ • 0 . . 0 0 0 vchlist Voucher List . Page: 5 0412112008 4:49:21 PM Spokane Valley Bank codo : apbank Voucher Date Vendor Invoice PO # Qesc►iptionlAccount Amourtt 14322 4/21/2008 001234 001234 LIBERTY LAKE COMNi CHURCH (Continued) Total : 180.00 14323 4/21/2008 001653 AACCORMICK, MICHAEL J Professionat Service CTED GRAN'I' 10,561.31 . • Total: 10,561.31 14324 4J21/2008 000069 MERCIER, DAVID Trevel Expenses . TRAVEL EXPENSES 634_54 Total : 634.54 14325 4/21/2008 000696 AAITEL NETWORKS, INC 92404487 41939 PlIITEL TELEWORKER AND PHONE: 2,384.19 92404923 41939 MITEL TELEWORKER AND PHONE: 5,824.32 . • 41939 - Total : 8,208.51 14326 4/21/2008 000132 MODERN ELECTRIC WATER CO 04540-01 MAR 08: COAAiJI LIGHT 88.90 • 04515-02 MAR 08: COMM LIGHT 42.44 04553-01 MAR 08: COMM LIGHT 65.61 ' 04556.01 MAR 08: COMM UGHT 76.62 04605-02 ' MAR 08: COMM UGHT 38.80 . 04639-02 MAR 08: COAAAA LIGHT 38.64 04669-02 FEB 08: COAAAA LIGHT 59.48 04669-02 ' MAR 08: COMM LIGHT 50.33 04691-02 MAR 08: COMM UGHT 29.85 ' - 04745-02 MAR 08: COMM UGHT 64.03 04792-02 MAR 08: COMAA UGWT 54.08 . 0483602 MAR 08: UTILITIES 55.93 04966-02 MAR 08: STREET LIGHTS 6,036.90 04971-01 . MAR 08: COMM LIGHT • 115.45 06811-02 MAR 08: COMM LIGHT 57.20 07099-02 . MAR 08: UTILITIES 56.41 07247-02 MAR 08: UTILITIES 53.50 07750-02 MAR 08: UT1LfTIES ' 36.92 07850-02 MAR 08: UTILITIES 52.65 07861-02 MAR 08: COMM UGHT 39.38 08297-02 MAR 08: UTILITIES 54.51 08343-02 MAR 08: UTILITIES 71.43 _ 09775-01 MAR 08: STREET LIGHTS 244.00 03909-02 MAR 08: COMM LIGHT 73.44 09910-02 MAR 08: COMM LIGH'T ' 26.10 Page: 5 vcFilist Voucher List Page: 6 04/2112008 4:49:21PM Spokane Valley Bank code : apbank Voucher Dgte Vendor Invoice - PO # DescriptioNAccount Amount 14328 4J21/2008 000132 IuIODERN ELECTRIC WATER CO (CoMinued) ' 09911-02 MAR 08: COIIAAA LIGHT 62.76 09983-02 MAR 08: UTILITIES 28.64 . 1dU31-02 MAR 08: SECURITY LIGHT 1220 10038-01 MAR 08: UTILITIES 48.00 10039-01 MAR 08: UTILITIES 29.80 10040-01 MAR 08: llTILITIES 29.80 10041-01 MAR 08: UTILITIES 29.80 10042-01 MAR 08: UTILITIES 22.60 10046-02 MAR 08: COMM LIGHT 41.54 10049-02 MAR 08: UTILfTIES 40.67 10176-01 , MAR 08: UTl LITI ES 22.60 Total : 7,931.11 14327 4/2112008 OOd062 MUNSON, RICHARD AAileage MILEAGE REIMBORSED 510.36 . AAILEAGE TRAVEL EXPENSES 96.96 ' Total: - 607.32 14328 4/21/2008 000616 NEW HORIZONS INC. 28932 ' EXCEL TRAINING: PW 150.00 Total : 150.00 14329 4J21/2008 000058 OCCUPATIONAL MEDICINE ASSOC. A500163 PRE-EMPLOYMENT SCREEtdING 260.00 ' Total : 260.00 14330 4/2112008 000652 OFFICE DEPOT INC. 418765721-001 41948 OFFICE DEPOT 32.28 422895579-001 41989 . KfTCHEN SUPPLIES 81.84 • 424305759-001 41997 OFFICE DEPOT SUPPLIES 281.46 ' Total : 395.56 14331 4/21/2008 000307 OFFICE OF THE STATE TREASURER FEB 20138 CASH RECEIPTS JOURNAL SUMNI< 71,650.41 JAN 2008 CASH RECEIPTS JOURNAL SUMMi 66,357.66 Total : 138,008.07 14332 4121f2008 001338 PASSAAORE, SUSAN Mileage TRAVEL EXPENSES 15.15 ' Total : 15.18 14333 4121/2008 001641 PIKE, DEE DEE Refund REFUND DAMAGE DEPOSIT 15.00 Page: 6 0 a o vchlist Voucher List Page: 7 0412112008 4:49:21PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # DescripdoNAccount Amount 14333 4/21/2008 001641 001641 PIKE, DEE DEE (Cantinued) Total : 15.00 14334 4/21/2008 000119 PIP PRINTING INC. 1330040724 FOROu9S: PARKS 470.72 , 1330040866 ' BUSINESS CARDS: BARLOW 82.32 Total : 553.04 14335 4121/2008 000494 PRO PEOPLE STAFFING SERVICES 29.107 STAFFING SERVICE; CP 332,64 ' Total : 33264 14336 4/21/2008 040041 PROTHMAN COMPANY 2008-1647 RECRUITING FEE #3: PARKS DIREI 2,833.33 2008-1764 RECRUITING EXPENSES: PARKS 1,816.52 . Total : 4,649.85 14337 4J21/2008 000018 PURRFECT LOCOS, INC. 21100 LOGO ON NEW VEHICLE: PW 76.02 . • Total : 76.02 14338 4/212008 001645 RAJKOVICH, NANCY Refund REFUND DRMAGE DEPOSIT 50.00 Total : 50.00 14339 4/21/2008 001300 SCRAPS . Refund REFUND DAMAGE DEPOSIT 19820 Total : 198.20 14340 4/21/2008 000709 SEidSKE LAWN & TREE CARE INC. 2972582 SNOW REAAOVAL' PRECINCT 103.17 2981054 SNOW REMOVAL: PRECINCT 54.30 2981058 SNOW REMOVAL: PRECINCT 38.01 2981059 SNO1N REMOVAL: PRECINCT 54.30 2981113 SNO1N REMOVAL• PRECINCT 38.01 2981114 SNOW REMOVAL• PRECIIdCT 103.17 2981879 SNOW REAAOVAL: PRECINCT 38.01 2981881 SNOW REMOVAL: PRECINCT 103.17 ' 2983284 CONTRACT MAINT: CP 50,795.38 ' 29$3349 MAINTENANCE: CENTENNIALTRAI 1,977.28 Total : 53,344.80 14341 4/21/2008 000172 SPOKANE CO. EtdGINEER VLY0803 AAAR 08: ENGINEERING SERVICES 104,640.06 Total: 104,640.06 14342 4121/2008 000090 SPOKANE CO. INFO SYSTEMS 50302177 JAN 08: COUNTY IT SUPPORT 16,772.96 Page: 7 vctalist Voucher List Page: 8 04121/2008 4:49:21PM Spokane Valley Bank code : apbank - Voucher Date Vendor (nvoice PO # QescripUonlAccourrt Amourrt 14342 4121/20U8 000090 SPOKAIdE C0. INFO SYSTEMS (Continued) 50342318 FEB 08: COUIdTY IT SUPPORT 15,405.08 . 50302430 MAR 08: COUIdTY ff SUPPORT 15,797.85 • Total : 47,976_89 14343 4/21/2008 000065 STAPLES BUSIfdESS ADVAIdTAGE 3100491720 CLASSIFICATION FOLDERS: CD 301.15 3100491721 OFFICE SUPPLIES: CD 36.28 - Total : 337.43 14344 4/21f2008 000257 STATE AUDITOR'S OFFICE L69793 AUDITORS 8,518.00 Total: 8,518.00 14345 4/21/2008 000419 SUMMIT LAW GROUP 36887 FEB 08: GENERAL IABOR ADVICE 453.96 , Total: 453.96 - 14346 4l21/2008 001250 SYTE NET SERVICES 6110 CABLE INSTALLATION 835.45 Total : 835.45 14347 4/21/2008 000093 TNE SPOKESMAN-REVIEW INC. 42365 ADVERTISING: PLANNIWG 401:00 42365 LEGAL AD: PW 969.64 - 50869 CLASSIFIED ADS: HR 1,478.06 Total : 2.848.70 14348 4121/2008 001642 TOEPFER, GLEN Refund REFUfdD DAMAGE DEPOSIT 50.00 Total : 50.00 14349 4121/2008 000187 VERA WATER & POWER 0001-031971.02 MAR 08: UTILITIES 68.33 0001-032805.00 MAR 08: UTILITIES 21.63 0002-001425.01 MAR 08: UTILITIES 157.78 0013-032589.01 MAR 08: UTIUTIES 44.19 0014-004275.01 MAR 08: UTIUTIES 25.35 0014032971.00 AAAR 08: UTIUTIES 24.46 0018-031941.01 RAAR 08: UTILITIES 54.99 0018-032752.00 AAAR 08: UTILITIES 20.71 0099-000005.00 MAR 08: STREETMWY LIGHTS ' 1,714.40 Total : 2,131.84 14350 4121f2008 000409 WA DEPT OF REVENUE 1st Qtr Excise 1ST OTR 20Q8: DCCISE TAX .128.40 Page: 8 ~.J D 0 0 vchllsf Voucher List page: g . 0412112008 4:49:21PM Spokane Valley Bank code: apbank Voucher Datc Vendor Invoicc PO # DescriptioNAccount Amount 14350 4/21/2008 000409 OOU408 WA DEPT OF REVENUE (Continued) Total : 128.40 14351 4J21/2008 000061 WILHITE, DIANA Travel Expenses TRAVEL EXPENSES: NLC CONF 2,135.64 . Total : 2,135.64 71 Vouchers for bank code : apbank Bank total : 471,396.13 71 Vouchers in thls report Total vouchers : 471.396.13 , I, the undersigned, do certify uuder penalty o£ perjury, • that the materials have been furniahed, the servioes ' rEnder.ed, or the labor performed ae described herei.n and Y,hat the claim i.fi just, due and an unpaid r obbgation agai.net the GSty of Spokane Valley, and that I am authorized to authenticate and certify said claa.ua. Fin e tor Date - ys ayo Date ^ - 4f~4-k /ww-'Cu~- Counci.l Member Date Page: 9 CI1 Y OF .~~OKA~~ VALLEY ~ Request for Council Action Meeting Date: 05-06-08 Ci#y Manager Sign-off: ~ Itern: Check all that apply: [R consent 0o1d Ixusiness C] new business ❑publGC hearing . ❑ informakion ❑ admin, report ❑ pending legislation AGENDA ITEAII TiTLE : PayroRl for Period Ending April 30, 2008 , - GOVEF2NIh1G LEGISLATiOfV: • PREVIOLfS COUN C IL ACTIO N TAKEN: BACKCROIJ ND: ~ OPTIO1dS: RECONIMEh1DED ACTION OR MOTIOh1: BUDGETlFkAIANCIAL IMPACTS; Grass: $ 200,404.12 Benefits: ~ 105r504.16 TOTAL PAYROLL; 305,908.28 STAFF COAITACT, Rafda Nimri ATTACHMENTS ~ DRAFT ~ NOINUTES C1TY OF SPOKANE VA-LLEY CITY COUNCIL STU`DY SESSION Tuesday, April 15, 2008 • Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting Present: Councilmembers: SCaff: • Rich Munson, Mayor Dave Nlercier, City Manager Dick Denenny, Depury Mayor Mike Jackson, Deputy City Manager Rose Dempsey, Councilmember Mike Connelly, City Attorney Bill Gothmann, Councilmember Kathy McClung, Community Development Dir Gary Schimmels, Councilmember Neil Kersten; Public Works Uirector Steve Taylor, Councilmember Mike Stone, Parks & Rec Director Diana Wilhite, Councilmember Rick VanLeuven, Police Chief Cary Driskell, Deputy City Attorney . Steve Worley, Senior Engineer Greg Bingaman,l.T Specialist Christina Janssen, Assistant Flanner Carolbelle Branch, Public Information OfEicer ' Chris Bainbridge, City Clerk Roll Call: At Mayor Munson's request, City Clerk Bainbridge called the roll; all Councilmembers were O present. ACTION ITEMS l. Second ReAding Pronosed Orclinanee 08-007 Amending U:DC. Loading Doors - Christina Janssen / Greiz IvicCormick After Ciry Clerk Barnbrr.dge read the ardtnance li11e, it ►vas nroved by Councilmem8er Taylor and seconded to approve Ordinarrce 08-007. Assistant Planner Janssen explained that this amendment would allow off street loading spaces and apron spaces in specific industrial zones; and said that there have been no changes since the first reading. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Mation carried. 2. Motion Consideration: Temporarv FTF, Construction lnspector Barker Bridee - Mike Jackson It was nroved by Couacilmernber Taylor and seconded to iticrease staff level..r by orre FM (full-time equivalerrt) to add a Maintenance/Construction Inspector on a liniited terrn basis for tlie durcrtiwi of lhe Barker Bridge project, tivhich is Unticipated to last I8-24 monlhs. Deputy City Manzger Jackson explained that this would add one FTE on a limited term; and that the cost savings over entering into a private contract would be an estimated $160,000 to $220,000. Mayor Munson invited public comment; no comments were offered. Vole by Acclamation: In Favor: Unariimous. Opposed: None Abstentions: . None. Motion passed. 3. Motion Consideration: Turtle Creek Joint Planning Agreement - Mike Connellv It ivas moved by Councilmentber Wilhite and seconded to apprave the Tzirtlecreek Joit:t Plmrning Agreement as an:etrtled City Attorney Connelly gave some of the history of acts leading to this approval as noted on the last hvo pages of the accompanying documcnts (his rebruary 5, 2008 RCA), and ~ mentioncd that staff recommends a change in Section 15 changing the word "Mayor" to "City Manager" as the designated representative. Mayor Munson invited public comment. Dick Behm. 3626 S Ridgeview Drive: asked if chis could be expanded to include other areas, such as the southern boundary of the City Study Scssion Mccting Minutes: 04-15-08 Page I of 4 Approved by Council: DRAF'7' which would encornpass Ponderosa, P$i nted Hills anci o#her sreas. 'Fhere were no other public comments, ~ and Copnc.ilmember Wilhite indicated shc wanld like to know what #he curfently vested developments m, Vore by.4cclamcxtion; In Favor: Uncmimous, Opposed• Norre. Abseerttrons~ 2Yone. Motiorr corr3ed, A'Yavor 14'Iunson iuvited general publie comrnents; oo comments were offered. REGULAR STUIIY SESSION TTEMS 4. 2008 Budaet Amendment- Ken Thampson Ciky Manager Mercier, standing in for Finance Director Thompson, expSained the changes in the Emplayee Classi#ication Salary S chedule, which added the Hum.an Resources Iv1a,nager at Grada 18, re- inserted the Cen#erPlace Coordinator a# gratle 15, which was inadvertently omitted from #he, 5chedule; and revised the CenterPWe Customer RelationslFacilities Coordinator from grade 15 ta grade 13 -,which was the previously flppravetl grade, adding that the 15 was incorrect_ i1rlr. Mercier said that the amandrtent process wi11 be as usual, and the public hearing is set for next week, 5_ Mamtfactured Housin =Kath 'McC lun Community Development Directar McClung said that this issue carne as a resul# of yuestions received by staff concerning thc Uniform Developmen# Code and manufactured housing, specifically the pitch of the , raof, which for practjcal and legal reasons likely should not bc required; that the state defiiiitian calls for a j minirnum of 3:12 pitch raofs; and since #he City carlnot deviate frorn L'he state definitions, and as it is in ~ the UDC, [hB 4:12 pitch is not enforce-able. The other issue she explained, is that to locate a inanufautured ~ home on a single lot, one of #he U17C requirements is trat the structure be ncw, and she mentioneZ that aur Code also requires that it be a doublewide, whereas the County allaws singlewides. Jn response to a i questian from Mayor Munson about whether a requirement is that the st-ucture "Fit" with the neighbarhood, Ms, McClung stated #hat she has not m.searched tha#, -but could do so if Council so directs, ~ and that staffwould need to deFine what i# meaas ta "fit" with tlie neighborh o od, Deputy Mayor Denenny ; ques~oned the~ "new" home stipulatian, and cxplained that thero ootild be circumstances whcre a 1996 i manufactured hame bum s down, and the owner wants to rcp1ace it wi#h a 2003 model, but woultl not be ~ able ta dc) so accvrding to our Code, Ms. McClung said that if Cauncil wants to narrow thi~ scape of cri#eria, that is possible, Deputy Mayor Denenny sugg2sted having the replacernent needs atldresseci directiy; and Counciiinember ~',o#limann suggesftd Ms. McClung tace some alternate proposals ta #he PL&itttirig COmmis5iOrl f01' their conSidel'&tiOn. Cauncij C011CUrred. At couriCil requeSt, Ms• McClung will aIso prepare a list af pend ing code amendments. ! 6 Darker Road Brid e DNR F-ascmen# A eement - Stcve W orl ~ Engineer Worley said that #he City rcceived aPederal Bridge Replacement Advisory Committee grant ' covering 100% af the cost £ar replacement of tho Barlcer Raad Bridge over #he Spokat'ie River; and pari: of the permi#ting for the projeot requires an easement wit1i the Washington State Department of Natrzr2l! I Rcsources (DNR); that DNR is the property owrter for the bed of the Spokarte River and as bridge i prajecks aro upda#ed, easernents across DNR praperty are developed or updated, iVlr. Worley 2►lso I tnentioned that althaugh this is the standard agreement used by DNR, there are some portions of the . agreement which mi& seem unusual: he stated that Sectian 52.4 Perfonnance Bond men#ioned a bond equal to 125°l0 of the cost of construction, and we typicallp we 104°l0, which DNR is comfartable with changing. Mr. Worle}' said that Section 116 mentions removal of the bridge after #hirty years (which is the term of this lease), but Mr. Worley said they toid DNR they would have no intention of removing #he bndge, and that it is understaad betw.een the twa agencir,-s that this e,asemerit will renmv afber thirt]+ years. Mayor Munson said he wauld prefer abtaining a letter from DNR in that regard, but Mr. Worley said they liave tried that approach but were unsuccessful, as it has to do with the wa}+ the statute is worded, Deputy City M anager Jackson mentioned this issue might be one tc) consider approach ing #he Legislation with during the next sessian. TN,,re was Cauncil consensus to place this easement agreement on the next ~ CounciI consent agenda. $tudy Scssion Meetang Minutzs: 04-15-08 Page 2 nf 4 Approvcd by Countil' DRAFT ~ 7. City Hall Project Status Reaort - Neil Kersten Public Works Director Kersten said this is a quick overview of the project status; that there have been several meetings with staFf an Bernardo Willis and GGLO, as well as the one held at the last council retreat; and that staff has reccived the draft City Hall program, that Bernardo Willis will examine staffs comments and come back to do a presentation and give the highlights of the program and gather more public comments. Mr. Kersten said the basic design concept looks like a three-story building with a basement, which would be efFicient to build, and that a timeline for the project is part of the document, as well as a cost estimate, and staff plans to be able to havc such presentntion to Council next month. 8. SplashdoNvn Lease - Carv Driskell Mr. Iariskell explained that the owners of Splashdown have asked to extend their agreement, but those ageements cannot be extended now as they have expired; and thAt staff recommends Council authorize staff ta execute a short 1:erm six month letter agreement wherein the partics abide by the periad terms, and durina that time, the parties can negotiate the conditions of a longer term lease. In response to que.stions by Mayor Munson of why the lease lapsed, Mr. Driskell said he is uncertain of the chain of events, adding . that the County had entered into an agreement with Splashdown which ageement expired in 2007 when Splashdown did not give notice of intent to renew; and that Mr. Driskell feels there is no harm in moving as recommended at this point. There was Council consensus to place this on the next Consent agenda, for the short-term lease, and the extended negotiations. 9. Stormwater Utilities - Carv Jariskell Deputy City Attorney Driskell explained thal Council had previously adopted Ordinance 03-031 which established the stormwater and surface water utility in 2003, which ordinance was codified in Title 10 as . part oF what was referred to as the development code, although it should have been placed in Title 3 with ~ other finance related topics. Mr. Driskell said that Ordinance 07-015 which adopted the new development code (the UDC), unintentionally removed the stormwater and surface Nvater utility; and that this action wiU replace the omitted sections. There was Council consensus that staff proceed with the ncw ordinance re-adoptine the storm and surface water utility. Mayor Munson called for a short recess at 7:03 p.m, and he reconvened the meeting at 7:13 p.m. 10. Transportation Benefit laistrict- Carv Driskell Deputy City Attorney Driskell explained that this is a continued discussion from the previous meeting, wherein Council had several questions concerning the draft ordinance. One question, Mr. Driskell explained, was the language of 3.85.050 Sunset/Repealer Provision, and of the request to have other lano aoe inscrced. Mr. Driskell said that the added language ean be something identifying a potential street utility, or ao altemate action by Council to repeal the entire section, but that the language contained therein needs to be specific rather than general. Mayor Munson said he prefers the language of repealing the section as there is only a potential of having a street utility fee; Deputy Mayor Deiienny stated that adding the language or not doesn't preclude Council from repealing the ordinance or sections in the future, and he and Councilmember Gothmann both stated they prefer the current draft. Mr. Driskell said he changed the "within 90 days of enactment" clause and substituted "at the end of the calendar year" for ease in administration; and that he also suggested removing the words "an estimated" from the beginning of 3.85.030 A and B so dhat each section would read "Eighty percenY" and "Twenty percent" respectively. There was also brief discussion about 1•he "Metropolitan Transportation Plan" document adopted by the Spokane Regional Transportation Council, which addresses the need'to preserve and maintain existing roads. Councilmember Gothmann asked about including a provision for seniors, and Mr. Driskell said there is no provision in the statutes to allow for seniors or other identified groups, such as low-income individuals. ~ Scudy Session Mceting Minutes: 04-15-08 Page 3 of 4 Approvcd by Council: , " DRAFT Continued discussion included the need to bring this forward to the public prior to enactment of any street ~ utility fee; of the need for extended discussion regarding funding issues in our street fund; to extend this topic discussion out ovcr several months (as opposed to a four-hour long single topic meeting) in order to get the community involved and informed of the needs and priorities, to see if commitment to a TBD is the apprapriate financial tool to meet those needs; and mention that the preferred method would be to bring this issue before the entire council rather than just the Finance Committee for discussion. Mr. Mercier added that this would also be a part of our strategic planning, and mentionetl that the four elements of strategic planning inctude (1) a SWOT analysis (strengths, weaknesses, opportunities, and threats) on transportation; (2) the six-year transportation financial goals; (e) croation of a gap analysis; and (4) how to close that gap. Discussion of the SWOT segued into the next agenda topic: the advance agenda. 11. Advance Agenda - Mayor Munson Mayor Munson menkioned that the SWOT for transportation financial issues is scheduled for Council discussion next week. Councilmember Taylor mentioned khe recent developer's forum which proved to be very productive, and added that he would like to see the list of UDC items Ms. McClung is working on, as he would like to examine issues conceming sidewalks, duplexes, and possible other topics of interest. Mr. Taylor also mentioned he would like to see a list of comp plan ehanges which are coming up for revie,w before the Planning Commission. 12. Council Chec_k-in - Mayor Munson Deputy Mayor Denenny distributed a copy of "Spokane Transit Financial Pro jection" slide to Council, which shows a detailed graph of the use of the capital fimds and the deterioration of thnse funds over a short period of time. Mr. Mercier noted the "assumptions" on thc slide and mentioned our own six-ycar financial forecast has revised a downward projection of sales tax. 13. City Manager Commcnts - Jaave Mercier Mr. Mercier said that he and Mayor Munson have schecluled May 20 to meet with our lobbyist, and if Councilmembcrs have ideas for the 2009 legislative calendar, to nlease let Mr. Mercier or the Mayor know prior to May 20. Fxecutive Session: It was moved by Depury Mayor Denenny arrd seconded to tcdjotirn itrto Ezeceuive Session for approxirnately thirty minutes !o discus.s land crcyuisition andpotentiul litigatio», urid that no action rs anticipaied thereaJter. Council adjourned into Erecutive Session at 7:59 p.m. Mayor Munson declared Council oul of Exeeutive Session at 8:20 p.m. It was moved by Cocmcilmember Wilhite, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:21 p.m. ATTEST: ' Richard Munson, Mayor Christine Bainbridge, City Clerk • ~ Study Session Meeting Minutes: 04-15-08 Page 4 of 4 - Appraval by Council: . DRAFT ~ . MiNUTES City of Spnkane Valley City Council Rcgular Meeting TuesdAy, April 22, 2008 Mayor Munson called the meeting to order at 6:00 p.m., and welcomcd everyone to the 136th meeting. Attendatice• Citv Staff Rich Munson, Mayor Mike Jackson, Deputy City Manager Dick Dcnenny, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Ken Thompson, Finance Director Gary Schimmels, Councilmember Neil Kersten, Public Works Director Steve Taylor, Councilmember fZick VanL.euven, Police Chief . Diana Wilhite, Councilmember Mikc Stone, Parks & Rec Director Greg McCormick, Planning Manager Steve VJorley, Seniar Engineer John Hohinan, Development Enninecr Mary Kate Martin, Building Official -Greg Bingaman, IT Specialist Carolbelle Brrinch, Public Infortnation Officer Chris Bainbridge, City Clerk INVOCATION: Father John Steiner of St. Mary's Catholic Church gave the invocation. ~ PLEDCE OF ALL,EGIANCE: At Mayor Munson's request, a"I.ife" Boy Scout led the Pledge of Allegiance. 170LL CALL: City Clerk Bai.nbridge called rnll; all Councilmembers were present. APPROVAL OF AGENDA: It wus moved hy Councibnenzber Wilhite, seconded arrd unanimously agreed lo approve the amendecl agenda. Tl~'TRODUCTION OF SPECIAL GiJESTS A1VD PRESEI~'TATiQNS: n/a C01YIM.ITTEE. BOARD. LTAISON SUiNUqARY RTPORTS: Councilmember Wilhite: reported that she attended the 100-year anniversary of the Spokane Valley Baptist Church, which included a slide presentation on the history of the church and the valley; attended a GMA meeting; a regional Water Conference hosted by the Mayors of Post Falls and the City of Spokane; and a spa,ghetti dinner at Edgeclift hostcd by SCOPE. Councilmember Sehimmels: no report Councilmember Gathmann: said that he also attendecl the Spokaiie Valley Baptist Church 100-year anniversary; attended the Armed Forces pe,rson of the year banquet; the Chamber breakfast; the Arbor Day trce plajiting at CenterPlace; the Edgeclifl SCOPE dinner; and mentioned that he spoke with Tim Crowley concerning the HUD proposed grants which were approved by the County at their last meeting. Councilmember Taylor: no report Councilmember Iaempsey: said that she attended the Chase Youth Break of Champions; the Spokane Valley Business Association meeting; and mentioned that our Student Advisory Council (SAC) has had some setbacks in the progress of some of their plans, but has scheduled another meeting for this ~ Thursday; and that she attended the Spokane City Forum on community safety. Council Regular Meeting: 04-22-08 Page 1 of 6 Approved by Council: DRAF'T • Deputv Ma,yor Denennv: mentioned he attended a meeting concerning the aquifer, and attended the Spokane Transit Authority (STA) Board meeting k~~ MAYOR'S REPORT: Mayor Munson repflrted that he attended the City's finance meeting last week where they continued discussion of fnancial challenges; as a result of attending a GM.A meeting, he requested the amendment to tonighYs agenda to include item lla to discuss Rcgional Urban Growth Boundaries; that he was interviewed by K,XLY Radio; attended the Armed Forces person of the year award, the STA meeting, the Water district meeting, the CenterPlace Arbor Day tree planting; and that he met with John Nelson who is a representative of the Spokane Valley Fire Fighters Local 876 concerning "passing the boot" within our city limits, and explained that the City is not discouraging the continuation vf the campaign, but that we do not want fundraising efforts to block traffic, and that he has invited Mr. Nelson to make a presentation to Council, which is scheduled for Ivlay 20. PUBLIC COVTMENTS: Mayor Munson invited public comment. Ctenresentative Schindler: asked why there is no public comment on the agenda item concerning the support of Crime Check, and asked if she could speak to that ballot issue. Mayor Munson explained that it is Council's policy once a public hearing has been held on a topic, not to take further public comment on that issue, as the intent is to keep the comments confined to the public hearing process, and therefore, no eomments would be takcn tonight on those two ballot issues which Council will consider supporting. PUBLIC HEARING• Pronosed Amended 2008 T'ransportation lmprovement Prooram (TIP) - Steve Worle Mayor Munson opened the public hearing at 6:15 p.rn. and explained the procedure for conducting the hearing; then invited Engineer Worley to explain the proposal. Mr. Worley explained that on June 26, 2007, Council adopted the 2008-2013 Six Year TIP; and since that adoption staff submitted several grant applications and received funding for the Broadway Avenue Reconstruction project, the Bowdish Sprague Intersection, and the l3roadway Avenue Grind/Overlay project; and that staff recommends the 2008 TIP be amended to reflect the deletion of projects that did not receive funding, and the inclusion of those projects added to the 2008 construclion year. Mr. Worley then explained the proposed amended TIP chart and the significance of the colors thereon. Mayor Munson opened the iloor for public comments; no comments were offered and Mayor Munson closed the public hearing at 6:23 p.m. 2PUBI..iC HEARING• Propased Amended 2008 Budget - Ken Thomason Mayor Munson opened the public hearing at 6:23 p.m. and explained the proeedure for conducting the hearing, then invited Finance 17irector T'hompscin to explain the proposal. Mr. Thompson explained that the 2008 budget was adopted October 2007, and that several adjustments are neede,d, which the Pinance Committee bricfly discussed at I:heir April 11 meeting. Thosc changes, Mr. Thompson explained, include recognizing a state grant awarded in late 2007 for joint planning; budgcting for costs remaining from 2007 for the street master plan; budgeting for arterial street capital projects coses which were anticipaterl being spent in 2007 but were not; earnings on monies left over from the prior yeaz in fund 102; recognizing two Community Block Grant awards, and budgeting for street capital projects including Broadway, 1-90 to Park Road, and Appleway/fschirley to.Modges. Mr. Thompson said that the budget process includes holding this public hearing, and later in tonight's agenda is the first reading of the ordinance to amend the budget. iVla}ror Munson opened the floor for public comment; no comments were offered and Mayor Munson closed thc public hearing at 6:27 p.m. 3. CONSEiv'T AGENllA: Consists of items considered routine «fiich are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separatety. a. Approval of the following claim vouchers: ~ list dated 4/9/2008, beginning w/#14125, ending w/914275, total amount $1,883,768.13 b. Payroll for Pay period Ending March 31, 2008: $303,298.85 Gouncil Regular Meeting: 04-22-08 Page 2 of 6 Approved by CounciL DRAFT ~ c. Approval of Payroil for Pay Period Ending April 15, 2008: $220,453.74 d. Approval of 1V[inutes of April 8, 2008 Council Regular Meeting e. Approval of Barker Road Bridge DNR Easement Agreement f. Approval of SplashdoNvn Six-month Lease and Concession Agreement g. Authorization to staff to negotiate with Splashdown owners for a possible long-term lease and concession agreement. It wus moved by Councilmember ?'aylor, seconded, and unanimously agreed to approve the consent agenda. , NEW BUSINESS: 4First Reading Pronosed Ordinance 08-008 Stormwatee and Surface Water UCilitics - Carv Driskell ARer Ciry Clerk Bainbridge read the ordinance title, it was moved by Councilmember Tuylor and seconded to suspend the rules and approve Ordinance 08-008. Deputy City Attorney Driskell explainad the background of this proposed ordinance, and how in adopting the UUC this fund was inadvertently removed, and that this is merely a housekeeping item to reestablish the stormwater and surface water utility. Mayor Munson invited public commcnt; no comments were offered. Vote by Acclamation: In Fmor: Unanimozrs. Opposed.• None. Abstentions: A'one. Motion carried. 5. First Reacling Pronosecl Ordinance 08-009 Amending 2008 13udget - Ken 'Z'hOmpson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember 7'aylor arrtl seconded to advunce Ordinance 08-009 to a secnnd reading. rinance Director Thompson explained the proposed clianges as mentioned previously, and added that Section 1 Cwill also be modified prior to thc second reading, to account for the extra $50,000 in interest earnings. Mayor Munson invited public ~ comment; no comments were offered. Vote hy Acclamation: In Fcrvor: Unanimous. Opposed: 1Vone. Abstentions: iVone. Motion carried 6 Motion ConSideration• Spokane Transit Authority(STA) Ballot Issue Deliberation/Decision - Mike Jackson M.ayor Munson explained that in adherenee witli Council policy, once Council has held and closed a public hearing, that there would be no further public comment accepted. Aeputy City Manager Jackson explained that council held such a public hearing April 8 on this ballot issue, and that Council now has the 'opportunity to deliberate concern.i.ng whether to take ar►y action concerning this ballot issue. It wcrs nroved by Deputy Mayor Denenny and seconded to support proposition 91, Contirruatron of 'Extsting Sales/Use Tax for P:iblic TrGnsportation Services Deputy Mayor laenenny explained that this entity (STA) operates on a"pay as you go" basis; he shared a"Spokane 7ransit rinancial Projection" slide showing actual and projected finances for 2006 through 2020; and also shared harcl eopies of several PowerPoint slides of the fiscal prineiples of STA. In reference to a sunsct clause, Deputy Mayor Denenny said he opposes adding a sunset clause, as that would be analogous to asking the police department to look at reducing offieers every five years, that such an analysis eneompasses a large amouni of energy and resources to accomplish that every five years; that STA has proven its financial accountability, and he asked Council for support of the measure. Council discussion included comment from Mayor Munson that once in place, the public ahvays has the option of bringing issues back on a future ballot; Councilmember Dempsey mentioned that she, would feel . bettee if the sunset clause was included; Councilmember Taylor voiced opposition to tlte 3/10ths and prefers staying with 2110ths and having a sunset clause, as he argued that the present STA Board won't ahvays be there and a sunset clause is the best way to maintain accountability. Councilmember ~ Gothmann stressed the importance of having a stable revcnue source to maintain a long-term transportation system; Councilmember Wilhite said she favors putting this to a vote of the people, and Councilmember Schimmels said he would eecommend approvtil as well. Vo1e by Acclanratian: In Favor: Council Regular Meeting: 04-22-08 Page 3 of 6 Approved by Council: DRAF'T Mayor Munson, Depuly Mayor Denenny, and Couneilntember Schimmels, Wilhite, and Gothmann. Opposed.• Councilmembers Taylor and De»ipsey. Abstentions: None. Motion passed. 7 Motion Cansideration: Jntcroperabili!y Ballot Issue: Deliberation/1?ecision - Mike Jackson As with the previous agenda item, Mayor Munson explained that in adherence with Council policy, once Council has held and closed a public hearing, that there would be no further public cornment accepted. Deputy City Manager Jackson added that council held such a public hearing April 8 on this ballot issue, and that Council now has the opportunity to deliberate concerning whether to take any action conceming his ballot issue. I1 wa.s moved by Councilmember Wilhile and seconded to support Proposition No. 1, one-tenth of one nercent sales and use tax solely for enrergeney communication syslems and facilities to include eguipment, crime check and 1he reverse emergency notification system. Councilmember Wilhite said she feels this issue should be placed on the ballot Por people to voice their opinions; and that she feels this issue is the top priority issue, and added that she supports the reverse 911 notification process as an additional means of saving lives. Councilmember Taylor acknowledged that the infrastructure is needed, but stated tliat this is the exact measu.re that failed last year, and said that he would support this measure if it did not include crime check or the reverse 911; that tihe funding shortfall in 911 should be taken up with our State i..egislature to fmd alternate funding mechanisms, and that crime check as a reporting system has value, but tltis is not as pressing as the other issues, and therefore, he will not support the measure. Deputy Mayor Denenny also voiced opposition to the crime check aspect of-the measure, which he stated only collects data, and-with the same amount of funds, said we could add four or fivc police officers on lhe streets. Councilmember Gothmann and Council►nember Dempsey both agreed this is a decision for the voters; and Cnuncilmcmber Schimmels said the previously failed ballot issue was confusing, but the system is bmken and needs to be fixed, Mayor Munson stated that he realizes interoperability is an issuc that needs ta be ; addressed, that he is disappointed in the State legislators for not increasing the taac of 911 funds, and that crime check should be a separate issue with separate funding. Vote by Acclamaiion: fn Favor: Councilmembers Schiminels, Dempsey, Gothnrann and Wilhite. Opposed: Mcryor Munson, Depury Mayor Denenny, and Cuuncilmember Taylor. Abstentions: Alone. Motion pcu•setl. 8 Motion Consideralion• GitY Center Property J etter f Intent - Mike Connellv It wns moved by Depuly Mayor Denenny and seconded to approve and authorize execution by the City Munager or Designee, of the "Letter of Intent to Purchase, benveen the City of Spokcnre Valley and University City, Inc. " City Attorney Cvnnelly explained that on September 4, 2007, Council authorized staff to begin the specifie site selection process, and this letter is a culmination of that ef'fort. Mr. Connelly briefly discussed the contingencies outlined in the letter, and said if Council approves this letter, staff will meet tomorrow and outline the terms of a sale and purchase agreement, which agreement will be brought back in dctail to council for further deliberation. Mr. Cnnnelly also mentioned tliat rega.rding the specific property, therc is some flexibility due to the uiicertainty of the Library's plans as they consider two locations. Mayor lvlunson invited public comment; no comments Nvere offered. Vote by Acclumatron: In Favor: Unanimous Opposed: Nane. Abstentions: None. Motian passed. 9 Moti4n Considerdtion• Communitv Re-Licensing Interlocal Agreement - Carv Driskell It was moved by Councilmember Taylor and seconcled to approve the interlocul and attlhorize tlie signature of tjie City Munager or designee. Deputy City Attorney Driskell explaincti that Council previously authorized staff to apply for a grant to help lovrer the number of cases; that this community re- licensing program was discussed with the City of Spokane and Spokane County; that the grant application was approved for $75,000 for the year 2008; and the cities would each be allocated $37,500; and that Spokane Valley's portion would be turned over to the Spokane County I'ublic Defender. Mayor Munson O invited public comment; no comments were offcrcd. Vote by Acclanralinn: In Favor: Unanimous. Opposed.• None. ilbstentions.• None. Motion pussed Council Itegular Meeting: 04-22-08 Page 4 of 6 Approved by Council: DRAFT O PUBLIC COMM.ENTS Mayor Munson invited general public cvmments; no comments were offered. iVlayor Munson called for a recess at 7:25 p.m. and reconvened the meeting at 7:40 p.m. - Alli~fIIVISTRATIVE REPORTS: . 10 Customer. Service Improvement P1ansJPermit 1'rocess - Greiz McCormick, John Hohman, Mary Kate iMartin Engineer Hohman explained that Council previously approved a budget adjustment to add five staff to development services; and since that time, the budgeted staff has been hired F►nd trained; he explained the Powerpoint slides addressing the key timeline issues, the explanation of how the improvements were implemented with the adoption of the UDC; that an oversight team manager system was implemented which included him, Greg McCormick, and Mary Kate Martin; and that they held four developer forums to get witn the deve-lopment communiry to exchange ideas, and take in complaints and constructive criticism. Planning Manager McCormick explaincd about the final steps in the approval process, follnwed by an explanation from Ms. Martin about future steps, including developing on-line permitting as an option, and she explained some of the challenges and advantages of such a system. 11. Animal Control Ordinance Taiscussion - CF►rv Driskell . Deputy City Attorney Driskell discussed snme of the background of this topic as explained in his April 22, 2008 Request for Council Action Form, and mentioned the questions generated from previous discussions; specifically whether the City could require veterinarians to notify SCRAPS when they treat an unlicensed dog or cat; and whethcr the City could have different noncompliance fees and penalties • then those of Spokane County. Uiscussion followed conccrning the process to have different fees, and that it would necessitate further ncgotiation with the Board of County Commissioners; which lead to ~ Council consensus that staff should begin drafting a letter to the Commissioners to address the idea of the City of Spokane Valley having individual fees. Councilmember Wilhite also mentioned that Maricopa County was spending approximately $18 million dollars a year on siray animals and under the Sheriffs direction, the animal shelters are staffed and nperated by prisoners, that the prisoners receive training, and that the budget for the entire department is now under $3 million. ' 14 a pdate- e ionaJ rhan Cirowth Area tUGA Boundar.~{a ded agenda item~ Mayor Munson broughY attention to the April 8, 2008 letter to him from the County Commissioners, which letter explains that the County has commilted the necessary sta .ff and financial resources to complete and. adopY the UGA update by the end of 2008, and seeks Spokane Valley's similar eommitmenl. City Attorney CoiineUy explained some of the elements to be considered for a memorandum of understanding (MOU) regardiog shared costs wilh Spokane County and other jurisdictions; i.e. (1) Fnancial contributions should be based upon area actually studied and population projecdons for that area; (2) include ari agreement by Spokane County to support the designation of all adjacent UGAs, existing or contemplated, as Joint Planning Areas; (3) identify what steps each jurisdiction intencls to take in the next twclvc months regarding UGAs, Comprehensive plan changes, and future annexation areas; (4) identify the area to be studied. It appears that only the increased UGA areas will be the subject of the study; (5) the agreement should reference and define its relationship to the ongoing MOU process being supported by CTED; and (6) the agreement should specifiaally state tfiat it will not affect the ability of jurisdictions to enter into Joint Planning Agreements for any area. In response, Councilmember Taylor remarked that we have identified what areas we want, but have only had one discussion on future UGAs; and he asked if that included in this request. Planning Manager McCormick explained that the County was starting the process of looking at the regional UGA and updating it, but the new popul3tion figures were coming out and it stopped. Mr. McCormick said he ~ would have to look at the actual map (County stafftook the draft map from diffcrent jurisdictions) to see . Cauncil Regular Meeting: 04-22-08 Page 5 of 6 Approved by Council: DRAFT what made it on to the initial study map; and said that we need to work on that to accommodate the 20- year growth projection. Further discussion included mention of the need to finalize the terms of such agreement; that changes would need to be made to the cnmprehensive plan and that staff are working on land quality analysis; inquiry about the Saltese Flats; areas in question and the processing of wastewater; and that there was Council consensus to allow staff to move this fonvard in the negotiation process. Mayor Munson said he would also like to bring the draFt Transportation Benefit District ordinance to his meeting tomorrow and there was no objection as Mayor Munson stated he will confirm to those in that meeting that this is a draft which has not beeo approved nor completely discussed by this Council. T1VFO12MATI0N ONLY: ThE Spokane Transit Authority Cooperative Funding Project Sprague and Bowdish, Library Quarterly Report, Department Reports and Spokane Valley Fire Department January - March 2008 Quarterly Report were for information only and were not reported or discussed. 4ther Comments: Valley Hospital: Councilmember Taylor briefly mentioned the resale of the Valley Hospital by Empire Health Services, and said that he received a reyuest for some statement of support from this council to support that acquisition. Mayor Munson replied that he is working to coordinate that as a future council agenda item. Police I?epartment Charts: Mayor Munson asked thc Police Department to incorporate the graphs that Councilmembcr Gothmann devised, and Councilmember Gothmann stated that he would get t6ose graphs and database to our Folice Chief. Mayor Munson added that he would like tlie Police Department report maps to include a range of numbers on the map legend instead of only a color-coded system. ~ It was nroved by Deptery Mayor Denenny, seconded and unanimously agreed to adjourn. 1`he meeting adjourned at 8:55 p.m. ATTEST: . • Richard Munson, Mayor Christine Bainbridge, City Clcrk ~ Counci] Regular Meeting: 04-22-08 Page 6 of 6 Approved by Council: / DRAFT o ~~~~~~~~VALLEY - CITY COUPICIL STUDY SESSIQ1+1 Tuesday, Apri129, 200$ - ~ i Mayor Munson called the meetzng ta arder at 6:00 p.m. and welcorned everyone to the meeting ' Present: Councilmembers: staff: Rich Munson, Mayor Dave Niercier, City Manager . Dick Dertenny, Deputy Mayor Mike Jackson, Deputy City Manager - Rose Demgsey, Cauncilmember Neil Kers#en; Public Worics Director Bill Gothmann, Councilrnember , Kathy McC lung, Community L?evelopment Dir Gary Scttimmels, Councilmembc~r Mike Stone, Parks & Rec Director " Steve Taylor, Councilmcmber Rick 1fanLeuven, Police Chief . Diana W ilhite, Cnunci lmember Inga Note, TraFFic Engineer . Greg Bingaman, TT Specialist . - Caralbelle Branch, Public Znfarmatton Ofiicer Chris Bainbridge, City Clerk - 1, Auxo RowlSprague Appleivay Corridors -Sean Lumsden (Bonnie Quinn) Bonnie Quinn and Sean Lumsdcn gave a PowerPoint presentation conoerning thc SpraguelApplcway Revitalization P1an and their ideas for #hat area; IVIs. Quinn mentioned she is the Account S upervisor af AutoRow, and she itttroduced sevr~,ra] members of AutoRow wha w~re in attendance. Mayor Munson O mentioned that as he previou5iy explained ta Mr. Lumsden, because the sub-area plan proceSS i~ npt yet cornplete, that topic will not be address~,,d tonighc. Ms. Quinn stated that they are ►vorking to crea#e an r~-vent; that there has been so= con#lict during the course of planning and some disageement, and she men#ioned that the Spolcane Canvention and Visitor's Bureau has stated 'tha# "there is nothing worth promating in the Spokane Valley," and she re-eruphasized tha# quote and said that the City lacks something grca# and they wan# to change khat; they want to rn ake a bad area fun, unique, and creative, and she asked Council to consider i'heir planlvision for the community; she said they need the City's partncrship to adciress an ama that currently "laolcs likc a war zone" and to change that by creating a theme far AutoRow, much like Leavenworth, ar "°auto-Disneyland" but no# crea#ing a "sea of asphalt;'° that tkreir theme is "Celebration of Transpor#a#ion'° and they hope the Cou ocil will j o i n in kheir vision to irrEprove the area. Couucil discussion ensucd regarding the Ci#y's receipt of the business oontribut3cn of sales tax; #hat AutoRow is a destination area but the question of hvw w acquire fundF, to address #hDse issues will be part . of th e overal] corridor revitalization; and that Council encouraged Au#oRow to "hang in there" while the. City works thraugh this process. Mr. Lumsden mentianed #hat the car dealers. are boholding [o lhe mariufac#vrer they serve; and sign and building cades must a11ow the dealcrsltips ba work for #he campanies they represent; that Toyota is about to embark on a multi-million dollar building project, and the}r kvant to make sure Spokarie V2►lley will enable them to adliere ta #he building codes. Counczl , suggested the~e revitalization issws need to be adciressed in writing to the Planning Coxnmissian, and should be done prior to the close af business .this Friday, a5 that is the deadline for taicing additional camment, Councilmember Taylar added that it is irnportant to have a vital Awoltow moving forward and mentioned the idea of encouraging a11 businesses ta band together to invcst in the area #4 address a11 the needs of the Sprague business owners, and to put tagether aplan to help Spokane Valtey in the ~ revitaliz.ation a#'th is carridor. ➢4iayor Munson added hiF, encouragem~nt #o ltave titizens arid organization s , make this totridor a viable corridor, and of Council's desire to make sure that everyone understands there are cwts involved and the City has financial limitF, on wliat it can do. ' Study $ession MeetingMinutes; 04 -29-08 Page 1 of6 . I Approved by Cnunr-El= I DRAFT Ms. Quinn said that they have been working hard for years but it seems like the plan is almost going nowhere and they feel they are "number t.hree" on the list but should be "number one" on the list; and if they thrive, then the City will likewise; and she asked Council to consider some tax incentives so they can become a partner with the City, emphasizing that they need to be on top of the list and that she is concerned about waiting for things to move forward. Councilmember Taylor said that he takes exception to the designation of the area as a"war zone" and said that significant public investment has taken place, the road was completely refurbished, new landsc,ape, new sidewalks, and he asked AutoRow to look at the investment already made so that the City can help them follow through on that; and he reminded AutoRow of the fairly recent street vac,ation whcreby Council niled in favor of Appleway to make sure we have those major auto sale anchors intact. iviayor Munson emphasi7xd the importance of maki.ng sure the entire community feels it is being treated fairly and not one section given more favorable treatment than another; that government is not like a busi.ness, and doesn't move as fast as some businesses, and he expects to see some significant progress within the next hvelve months. Mr. Vic Pestrin mentioned that Hallmark Wyundai doesn't want this issue tied to turning Sprague back into hvo-ways, that thcy want the revitalization of AutoRow; and Ms. Quinn again asked Council to considcr a tax incentive as it is diffcult lo recruit businesses to that arca. 2. Accident Statistics AIonQ Broadway -Neil KerstEn/Inea Note Public Works Director Kersten explained the background of converting Aroadway Avenue between Pines Road and Sullivan, from four to three lanes, and of Council's desire to have a report on traffic statistics of that area; and he and Ms. Note explained the multi-colored chart showing the traffic volumes along Broadway. Also mentioned was that h-affic volumes were affected while 1-90 was under construcl:ion, and also due to the change at the Blake Elementary school. Mayor Munson asked about violation statistics in this area, and Ms. A1otc said staff can work to get those statistics, but they are not available now. Mayor Munson expressed his desire to havc something indicating t.he violations as he is aware of instances where one vehicle perilously passes another slower vehicle; and Mr. Kersten said they looked at , accident statistics rather than violations, but will check with the Police Department for those statistics. In response to a question from Councilmember GoChmanri concerning bicycle accidents, Ms. Note said there were trvo bike accidents: one where the ridcr fell off the bike onto the roadway, and the other wa.s in coming off the sidewalk. As the winter was significanl:ly harsh, ivlr. Kersten recommended monitoring this situation for another ycar and said there is no hurry to perform other Broadway roadwrork. Mr. Kersten said general statistics show that there are fewer accidents once roadways are converted from four lanes to three, and feels over time the numbers will reduce. Mayor Munson said he doesn't share those feelings, and he is unwilling to spend $187,000 for a small level of change; that he is not convinced we have a lane problem, but is more convinced we have an intersection problem as there aze more accidcnts at inlersections. Council agreed to have staff continue monitori.ng t:he area. 3 Mirabeau Parkway Speed Limits/rraffic Control Iaevices -Neil Kersten/Inga Note Public Works 'Director Kerstcn asked that Police Chief VanLeuven describe the situation. Chief VanLeuven explaincd that he received some inforrnation from SCOYE about speeding cars on the Mirabeau Parkway; that he asked the traffic unit to do some pro-active enforcement to determine what speeds are being used. Chief VanLeuven said that it appeazs most people are using that as a cutoff to bypass I-90, and due to limited visibility and foliage, there are concerns about pedestrian safety; that most cars travel five to twetve miles per hour over the limit; and the police department has cited some traveling as fast as 50 miles per hour; that this traffic issue is most prevalent during morning and evening rush hours. Mr. Kersten explained that public «<orks is examining the use of flashing automated cross-walks for pedestrian, which is a device that people would push to engage the flashing lights while they cross the street. In response to Mayor Munson's question about the use of speed bumps, Ms. Note explained that ~ this is an arterial and they try not [o put speed bumps on aiterials; she also agreed this area would necd to be heavily enforced, and Chief Van.Geuven said they are prepared to do enforcement and education. Ms. Study Session Meeting Minutes: 04-29-08 Page 2 of 6 Approved by Council: DRAFT ~ Notc also remarked that although the grant for this push-button actuated flasher is due next week, funding recipients will not bc announced until 2009. Discussion included not wanting to wait until 2009 to address the issue; that the speed limit could be changed now and the signs/flashers acquired later. There was Council consensus that staff bring this item forward at the May 13 council meeting for a change in the speed limit. 4 STA Cooperative Funding Project, Sprague and Bowdish - Steve Worley Fublic Works Director Kersten, standing in for Mr. Worley, explained that in March 2007, staff submitted a fundina application to the SRTC for the SpragueJBowdish Concrete intersection project; that the funding was originally co come from the Federal Transit Administration, however, funding for this project switched to the STA; and that STt1 requests tliata Cooperative Funding Interlocal Agreement be executed for this project. Council concurred to place this item on the May 13`l' consent agenda. 5. Memorandum of Understanding for 24t° Avenue Reconstruction Project, Sanitary Sewer Extension - Steve Worlev (Nole: this item was inadvertently onTitted from the Amended Agenda, cmd sucli omissiai is to be considered as a scrivener's error.) Public Works Director Kersten explained that this Memorandum of Understanding has been prepared for the developer to reimburse tlie City for the estimated $24,288 cost associated with the sewer line construction. Council concurred to place this item on the Ivlay 13h consent agenda. b. Universal Park Contract. Arehitectural Services - Mike Stone In his first opportunity to formally address Council, Parks and Recreation DirECtor Stone reported that in proceecling with the development of the Children's Universal Park, staff issued a request for Proposals; that four proposals were received and after interviews, staff identified EcoPlan and Design Concepts as O the team most highly qualified for this project. So thaC the public will have an oppflrtunity to comment on this item, this item will be placecl on the May 13"' regular agenda for a motion consideration. Councilmember Wilhite asked staff to invite Dr. Terry BroNvn and others who were involved with this project, to that May 13`h meeting. Mayor Munson called for a short recess at 7:30 p.m., and reconvened the meeting at 7:40 p.m. 7. Transporttltion Financial SWQT Analvsis - Dave ivlercier City Manager Mercier explained that tonigltt's SWOT (strengths, weaknesses, opportunities, threats) tlnalysis will focus solely on transportation analysis; and thaC the objettive for this exercise, is "to providc residents and businesses with a physically and financially sound local transportation (street) system that mcet their needs now and in the future." Councilmembers discussed various factions of the transportation system, which discussion culmioated in the attaclied list of items, which list also shows how Council prioritized (voted) the items mentioned. Mr. Mercier said that once staff has had opportunity to compile the information, he will ask staff the same questions and provide Council the information from staff for Council's continued discussions. . Advance At;enda - Mayor Munson Mayor Munson mentioned the area-wide rezone council discussion and public comrnent item set for 120 minutes on the May 13 meeting, and mentioned his preference to have these hvo items combined into one motion consideration, which would still allow for public comment, and said he felt this could be accomplished in 60 minutes rather than 120. Council concurred changing the item to a motion consideration, and suggested leaving the time allotment open as it will depend on the number of people coming to speak, and that the issue to consider will be whether to return the item to the Planning ~ Commission for their further consideration. Mayor Munson said he will draft verbiage for the motion for council to consider at the May 13 mecting. It was moved by Co:mcilmember Wilhite, secoatl¢d and unanimously passed !o exlend the meeting for another frve minutes. City Manager Mercicr mentioned that Study Seion Meeiing Minutes: 0429-08 Aage 3 of 6 Approved by CounciL , DAAF3' Inc~x.t Tucsclay's ageflds includes discussion for Cauncil's Six-Year Transportation Financials goals, and asked Cauncil if they are comfortable with thc proposed pace. Council conourred to proceed as planned_ 9, Information Onlv, The Greerzucres Srarrslfcs. Cooperarr've 14greerrtenrfor CD$G arrd Ho+rte lrtve,sfrrrenr Partnership Fund.s, List of Perrding UDC .4mendments, and AecreatiorrlConsarvation C'irant Resolulron for Greeracres werefor informarion onfy arrd were rror di,scussed or reporled ,10, Cauncil Check-in - ML~yor Mnnson. Councilrrtember Tay1nr suggested moving the Affordable Haasing s#em to the May 6 agenda. Counci] cancurred, I 1_ Ci Mana er Comments -Dave Mercier; No commcnts. - There be ing na further business, tne meeting adjourned at 9:05 p.m, . AT'TES'Y': Richard IVlunson, Ivfayar Christtne Bainbridge, City C lerk , I I I I I ~ Study Session Meeting Minutes~ 04-29-08 Psge 4 aFfi Approved by Council, DRAFT 0 SWOT Analysis from Apri129, 2008 Council Study Session: Obiective: To provide residents and businesses with a physically and financially sound local transportation (street) system that meets their needs now and in che future. # VOTES: STRENGTHS: - 6 Good current conditions 6 Lack of congestion 6 We havc a plan (street master plan and ?IP) 4 Good access to business 3 Safe streets 2 Excellent contractors-street maintenance 2 Couplet 2 Excellent commuter system (1-90) 1 Strong east/west system 1 Clcan 1 Some excellent bike lanes 1 Good street signs 0 Reasonable grid system ~ 0 Excellent staff and council 0 Good connectivity tio freeway 0 Good sight distance VOTES OPl'ORTUN1TiES 7 Work with state legislature to develop new tools/funding 6 `Co establish an ongoing funding source 4 To implement the street master plan 4 Transportation Benefit District, LIll, Taxes: sales, utility, real estate, B&O, property, 3 To develop unique city/private projects 2 To ma'►ntain at a lowcr cosl lhen if we were in dire straights 2 Ta devclop extensive trail system 2 Succcss in gaining/leverage grant dollars 1 Press fonvard with bridging the valley ' 1 To work with other agencies Co develop uaique transportation system ' 1 Develop system that is environmentally friendly 0 Options for bike/pedestrian high public awareness O Study Session Meeting Minutes: 04-29-08 Page S of 6 Approved by Council: DRAFT VOTES THREATS ITEMS COUNCIL CAN INF'LUENCE 6 Negative reaction to spending dollars 6 Cutting services 5 Road deterioration . 4 Council inaction ~ 3 Public inaction/complacency 2 Increase in demand for maintenance 2 Inadequate communication with public 1 Asking for more money J 1 Adverse affect on economic growth I Reduced current funding 1 Policy inconsistency ~ 1 Gradualism 0 Lack of concurrency Being "out front" in Spokane Valley 0 Under-estimating public reaction eo need ~ VOTES WEAKNESSES 7 Lack of public perception funding need ` ~ 6 Lack of sustainable public funding 6 Iack of funding for maintenance, street preservations, new development 5 Today's good conditions mask tomonow's (future) needs 4 failing intersections 4 Older roads in growth areas 1 Inadequate emergency access 1 Public doesn't understauid crumbling roads (deterioration) 1 Premature detcrioration 1 Poor north/south connectors (couplet) 1 Business roads not aesthetically pleasing . 1 , llead-end Appleway • 0 dvliles of road without curb 0 Lack of continuity of design 0 Was not a cohesive comprehensive street plan 0 Inadequate roads in PUD, cul-de-sacs 0 Sprague east of University 0 Dishman-Mica 0 Not adequatc for truck traffie 0 lack of resources to independently identify traffic situations on a routine basis 0 at grade railroad crossiags ~ Q Need to defer strcet maintenance and preservation Study Session Meeting Vlinutcs: 04-29-08 Page 6 of 6 Approvcd by Council: ~ - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report E:1 pending legislation AGENDA ITEM TITLE: Resolution 08-006, WEDFA Tax Exempt Economic Development Bond, $30 million, Waste Management, Inc. • GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: May 6, 2008 Council Meeting, Council consensus to place this item on the next CounciPs consent agenda. - BACKGROUND: At the May 6 Council study session,' Mr. Allercaer discussed this draft ~resolution conceming a Washington Economic Development Finance Authority (WEDFA) d $30,000,000 Waste Management, Inc. project., which requires approval of the issuance of non- resource revenue bonds to finance the development facility for Waste management, Inc., but does not waive any of thE permitting. requirements applicable to this Project, nor in any way obligate the City of Spokane Valley for revenues. J OPTIONS: RECOMMENDED ACTION OR MOTION: Approve Kesolution 08-006 BUDGETlFINANCIAL 1MPACTS: . STAFF CONTACT: Dave Mercier • ATTACHMENTS: ~ . . DRAFT CTT'Y OF SPDKANE VALLIEV i~ SPDKANE COUNTY, WA,SEUNGTQN ° RESOLU'rION NO. 08-006 - A RESOLCJ1"IOIV OF T'HE CIT~ Of SPOKAPFE VALLEY, SPOKANE COLFNTY, WA.SkM-OTON APPROVIlVG THE ACTION OF THE STA7~ OF WASHINGTON ECONOMIC DEV:ELOPNEIdT . PINAAfCE ALTTHORITY AND TBE ISSUAN~~ OF NORI-RESQURCE REVENUE BONAS TO FTNANCE AN ECOAIOMC DEVIELOPMENT k'ACILUY FOR WASTE MANAGEMENT, INC. (fhe "CONTANY"), AND P1tOVIDIING FOR OTBIER MATTERS PROPERLY RELATIIdG THERETO, WHEREA,S, vn January 29, 2 008, fihe Washingtari Economic Development Finan~e Authority ("WEDFA") had presentied to it, Resolution No. W-2008-02 (the' °`Resolution'°), a copy of which is atta.ch ed b.ereto as Exhibit A, relating to the, issuance of non-recourse revenue bonds , whzrein the " proceeds of which would be loauxed to the Coxnpany fvr fnter alia, the purchase of 001lection yehicles, cnntainers, and knd within currently permitted acreage, loca#ed in Che City of Spokme Vailey at- 11120 First Avenue &st (the "Txoject"), all as autharized by the Economic~ Developmcnt k'inance Authority Act of 1989,R.C.W. Title 43, Chapter 163, as amended (The ".Act'°}; and , . . IVHEREAS, on 3anuary29, 2.OQ8, V4xEDFA unanimousty appravedthe Resolution; `and . WHE12EAS, it is the, po1fcy ofthe V4+ashington Econofnic Developrnent Finance Authority not to ' issne revenue bonds except upon the approval of the county, city nr town within whoso plaxrning jurisdiction the proposed industrial develvpment fac ility lies; and . , . . . ~f-~ WHMAS, the Project lies wi#hin #he bovndaries of the City of Spokane Valley, Spokane- ~ County, Washing#on. ~OW, 'T'FEREFORE, I'I` IS kI~~Y FOLM; IX'FERMD~MD AND ORDERED as fallows; Sectiort-_.1_: The Spokane Vallizy City Couno0 (#he `°C(~uncil"), gursuant tn Yhe request of the Washington Ecanamic Davelopmcnc Finance Authority,. daes hereby approve #ha issuance of non- resource irevenue bonds (tha "Bonds'j by the '4Vashingtan aonomic Developmcnt Financc Authority, for the purpases provided in the Act. ' S ectian 2: The k3onds shalI be issued jn the aggregate principal sum af not to 2xceed $30,00 03000 , pursuant to a Resolution of WEr1PA. The graceeds of the Bonds are #o be lent to the Company, pursuant . to a loan agrcement or ather apgropriate financing agreement, and u~ed for the pnrpose af inter alia, . constructing and ecfuippina khe Project, incSuding the necessary appurtenances located .within the boundaries ofthe City of Spokanc Valley, and to pay certain casts af i"gsuance of the Bonds. Sectian 3: The bonds shall not constitute an abligation af #he S#ate of Washington or of tho City of Spolcano - Val ley, and na taxx funds or revenues of thiz~ Sate iaf Washington or of the City af- Spolcane Valfey shall -be used to pay the principal or interest on the Bonds. Aleither the faith and credit nor any - taxing powes of the State of Washington ar of the City of Spakane'4+'alley shall be pledged to pay the princigal or interest oII the Bvnds- S ection 4: - The Spokane Valley C ity Counc i 1 hereby approveF, the issuance of13 onds by TKEDFA for the gurpose 'af financing the Praject as descrtbed herein, a qtialified project un$et the Act. However, . Rncnlutenn i7Raf121F, RPVVnue Ranrlc_ Wa4tc ArfsinStQCmcnt Tnc_ ' _ . PaQC 1' nF2 . . DRAFT ~ suc6 approval shaU not waive any of the permitting requirements Applicable to this Project, nor in any way modify the City of Spokane Valley's govcrnmental authority with respect to the Project. Seclion S. This Resolution is intended to constitute approval of the issuance of revenue bonds within the mcaning of the policy of the Washington Economic Aevelopment Finance Authority. Section 6. Upon passage and approval of this Resolution, it shall take effective im.mediately. Approved by the Spokane Valley City Council this 13th day of May, 2008. Ayes: Nays: Absent: Abstaining: Spokane Valley City Council o By: . Richard Munson, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: , Office of the City Attorney . . O Rcsolution 08-0-06 Revenue Bonds, Wastc Managcmcnt, Inc. Page 2 of 2 EXHIBIT A RESOLUTION NO. W-2008-02 A RESOL,UTION OF THE WASHINGTON ECONOMIC DEVEI.OPMENT FINANCE AUTHORI'I`Y TAK.LNG OFFiCIAL ACTION TOWARD THE ISSUANCE OF NONRECOURSE ECONON[IC DEVELOPMENT REVENUE B0NDS IN ONE OR MORE SERIES IN A MAXIIMIJM AMOUNT NOT TO EXCEED $45,000,000 AND AUTHORIZING THE EXECUTION OF AN 1NDEViNIFICATJ41\i AND COMYENSATION AGREEMENT BY AND BETVVEEV THE WASHINGTUN ECONOMIC AEVELOPvIENT FINANCE AUTHORITX AND WASTE MANAGEVIENT, INC. OR ITS SUCCESSOR OR A.SSIGNS (the "Company"). WHEREAS, the Washington Economic Development Finance Authority (the "issuer") is a duly organized and existing instrumentality of the State of Washington authorizeci and empowered by the provisions of RCW Chapter 43.163 (collectively, the "Act") to issue nonrecourse economic dEVelopment revenuc bonds for the purpose of carrying intn effect the construction of improvements mnd the acquisition of pcrsonal . properties and provide working capital suitable for use by any industry, and to loan its _ inoneys when necessary or convenient to carry out its powers under thE Act; and WHEEtEAS, the Company has informed the Issuer that it wishes to acquire, construct, equip, and improve the solid waste disposal facilities located in various locations thmughout Washington, as more fully described in Exhibit A attacbed hereto and incoiporated herein (the "Site"), all of which are located within the territorial limits of the State of Washington, and the Company has requested the issuer to issue nonrecourse economic development revenue bonds (the "Bonds") in a maximum amount not to exceed • FORTY 1=IVE MII.LION dollars ($45,000,000) pursuant to the Act to carry intn effoct the . acquisition, cnnstruction, equipping, ar►d improving of real and personal property and provision of working capital at the Site to be used in thc solid waste disposal facilities of the Company, as more fully described in Exhibit A hereto (the "Project"), to loan the proceeds of the Bonds to finance the acquisition, construcriAn, improvement, equipping, and installation of the Projeet; and WHE4ZEAS, a form of ageement designated as an "[ndemnification and Compensation Agreement has been prepared setting forth the respective agreements and . undertaking of the Issuer and the Company with respect to the Bonds and the project; and WNEREAS, it is considered necessary and desirable f.or the best interest of the Issuer that the Indemnification and Compensation Agreement be executod for and on the behalf of the Issuer; and ~ Resolution No. W-2008-02 ~ EXHIBIT A ~ WHEREAS, the Indemnification and Compensation Agreement require,s the Company to pay aU reasonable and necessary costs incurred by the Issuer in connection with the Bonds and/or in connecrion with the Project; and WHEREAS, the Issuer finds that the Project constitutes the development and improvement of economic development facilities undcr the Act; and WI-IEREAS, it is intended that this resolution shall constitute a declaration of official intent to reimburse Project expenditures within the meaning of Sections 1.103- (8)('i')(a)(5) and 1.150-2 of the Federal Income Tax Regulations. NOW THEl2EFORE, be it resolved by the Washingtan Economic Development Finance Authority as follows: Section 1. It is hereby determined that (a) the acquisition, eonstruction and installation of the Project and its operation as an economic development Cacility; (b) the issuance of the bonds of the Issuer in one or more series and in a maximum amount not to exccxd $45,000,040, to finance costs of the Project, such tota) costs to be financed by the Bonds presently estimated to be approximately $45,000,000; and (c) the execution and delivery of such contracts and agreements with the Issuer as are necessary to provide for the paymcnt by the Issuer of amounts sufficient to pay the principal of, premium, if any, ~ and interest on the Bonds, together with certain costs of the Issuer, will all be in furtherance of the Act. Section 2. Subject to the conditions listed in Section 3 below, including such ather conditions as in the judgement of the Issuer and bond counsel are necessary to insure the validity of the Bonds and the tax-exempt or taxable status of the Bnncls, it is the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to the provisinns of the Act. Nothing in this resolution'shall bc construed as Iegally binding the Issuer to authorize, issue, or sell the Bonds. Scction 3. ThE authorixation, issuance, and sale of the Bonds by the Issucr are sub,ject to the following conditions: ' (a) the Company shall have causeci to be issued an inevocable letter of credit (the "Letter of Credit") by an investment-gadc rated commercial bank, acceptable to the Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or shall have secured a bond purchase agreement (the "Bond Purchase Agreement") from an Accredited Investor, as such term is clefined in 17 CFR 230.501(A), acceptablc to the lssuer, for the purchase of the Bonds; (b) the Company shall enter into such contracts and loan agreements with the O Issuer as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as when the same shall come due and payable; Resolution No. W-2408-02 2 EXHIBIT A ; •1 (c) on or before two (2) ycars from the date hereoF (or such later date as shall be mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall have agreed to mutually acceptable tecros and conditions of the contracts and agreernents referred to in paragraph (b) of this Section 3; (d) the Issuer shall have received an opinion of bond counsel that, with certain customary exceptions, such of the Bonds which it is intcnded shall be issued as tax- exempt obligations may be so issued pursuant to the provisions of the lnternal Revenue Code of 1986; (e) if required, the Issuer shall have received an allocation of the State ceiling on private activity bonds imposed by Sectinn 146 of the Intemal Revenue Code of 1986 in an amount equal to the aggregate face amount of such of the Bonds as shall be issued as tax-exempt obligations, and shall have allocated such amount to the Bonds; ( fl the Issuer shall have received evidence tbat the county, city, or town within whose planning jurisdiction the Project lies has approved the Project and the Bonds or such other evidence satisfactory to the Issuer that the Project will be welcomed by the community in which the Project will be located; and (g) such other conditions as in the judgement of the Issuer and bond counscl are nECessary to insure the validity of the Bonds and the tax-exempt status of such of the i3onds as shall be issuecl as tax-exempt obligations. Section 4. The proper officials of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof under the terms and conditions stated herein and in compliance with the applicable provisions of law. Section 5. That it is deemed necessary and advisable that the Indemnification and Compensation Agreement be approved and cxecuted for and on behalf of the issuer. Section 6. That an Indemnification and Compensation Agreement by and between the issuer and the Compa,ny be, and the same is hEreby, approved and authorizod and the Chair of the Issuer is hereby authorized to execute the Indemnification and Compensation Agreement on behalf of the Sssuer. Sectian 7. Each Bond, when and if issueci, shall substantially state the following language on the face thereaf: THE OBLIGFITIONS OF THE 1SSUER HEREUNDER SHALL NOT BE DEEMED TO BE A DEBT, LIt1BILITY, OBLIGATION, OR PLEDGE OF THE FAITlI AND CREDiT QF THE STATE OF WASHINGTON, OF ANY MUNICIPALiTY, OR O OE ANY MUNICIPAL CORPOItATION, QUASI MUNICIPAL CORPURATION, $UBDNISION, OR AGENCY OF THE STATE OF WASHIINGTON, OR TO PLEDGE Rcsolution No. W-2008-02 3 EXHIBIT A O • ANY OR ALL OF THE FA1TH AND CREDIT OF ANY OF THESE EPiTiTIES. NEITHER TNE STATE OF WASHINGTON, THE ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION, QUASI MUiJICIPAL CORPORATION, SUBDNISION, OR AGENCY OF THE STATE OF WASHNGTON 1S OBLIGATED TO PAY THE PRMICIPAL OR THE INTEREST THEREON. NO TAX FUNDS -OR GOVERNMENTAL REVENUE MAY BE USED TO AAY THE PRINCIPAL OR INTERES7 THEREON. NEITHER ANY OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUTIICIPAL CORPORATION, QUASI MUN1ClAAL CORPORATION, SUBDNISION, OR AGENCY THEEtEOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OK OF THE iNTEREST ON THE BONDS. 5ection'8. This Resolution shall be effective after its adoption. ADOPTED by the Washingtan Economic Development Finance Authority this 29th day of January, 2403. 1NASHINGTON ECONOMIC DEVEI.OPMENT FINANCE AUTHORITY O l~ By: 1 . Chair O Resolution No. W-2008-02 4 EXH I BIT A . EXHIBIT A DESCRIPTION OF PRpJECT AND S1TE The Project will consist of: 1. $565,972 - Containers to be locatcd at: Brem Air pisFosal, 9300 Barney White Road Southwest, Port Orchard, Kitsap County, Wq 98367 . 2. 83,425 -Containers to be located ai Rural Skagit Sanitation 15878 Peterson Road, Burlington, Skagit Courtty, WA 98233 3. $8,400,671-Landfill equipment, improvements and extensions to be located at Grcater Wenatchee Regional Land Fill, 191 Webb P1acE South, East Wenatchee, Douglas County, WA 98$02 4. $493,976 - Collection vehicles and containers to be located at Waste Management South King County, 701 2nd Street Northwest, Aubum, King County, WA 98001 5. $909,530 - Equipmcnt, landfill and real estate, improvements or equipment ~ related to leachatelmethane gas treatment, stardge or removal. b. $413,622 - Vehicles and containers to be located at Waste Management of Ellensburg, 607 Railroad Avenue North, Ellensburg, Kittiias County, WA 98925. 7. $230,520 - Containers to be located at Waste Management of Kennewick, 1611 Washington Street. South, Kennewiek, Benton County, WA 99337 8. $19,902,063 - Collection Vehicles and containers to be located at Waste Management of Seattie, 8111 1" Avenue South, Seattle, King County, WA 98106 9. $452,869 - Coliection vehicles and containers to be located at Waste Management of Wenatchee, 711 Wenatchee Avenue N~. #A, Wenatchee, Chelan County, Wq 98801 10. $7,121,158 - Collection vehicles, containers and real estate located and to be Iocatod at Waste Management Northwest, 1821 1801h Street Southeast, Bothel, King County, WA 98012 11. $239,609 - Containers to be located at Waste Management Sno-King, 13225 126`n place Northeast, Kirkland, King County, WA 98034 ~ Resolution No. W-2008-02 - 5 EXHIBIT A ~ 12. $6,086,585 - Collection vehicles, containers and real estate iocated and to be located at Waste Management of Spokane, 12 720 l s' Avenue East, Spokane Vailey, Spokane County, WA 99206 ~ ~ Resolutinn No. W-2008-02 6 ExHGeIr A CERTIFICAT-E ; I, the urtdei-signed, Secreiary of the Washington Economia Devejoprnent Finance Authonty (heretn callad the "Issuer"), .T1O HE1qEBY CER7'IFY: i- 7'hat the attached Resalution No, W-2008-02 (he,-ein called the "Resolutivn") is a true and correct coPY of a mohitiart of the 2ssuer as ftnali}+ adopted at aspecial mecting of tlie Board Of Directors of the Issuer held an the 29th day oF JanuaTy, 2008, and duly recorded in my afftce. 2. fiizai said meeting was duly convened and held in al1 aspacts rn accordanci~ with taw, -and, to the extent rquired by iaw and the by-laws af the Issuer, due and prvper notace of such meeting Was giv"; that a iegal quarum ufas present throughout khe meeting and a legally sufficient number oFmembers of the Washington Economic 1) evelopmertt Firtance ' Anthority voted in the proper zrYanner for the adoption of the Resolutioo; tFtak aIl other requirements and praceedings incidertt to the proper adoption of the Re-solution have been duly fudfilled, carried out, and otherwise obse-ved; and tha# I am authorized #o execute ~ this certificate. . [N V4{i'T'iVES S TH F-RjEOF, I have hereunto set my hand this 29th day of January, 20 08. ~ y ~ Secretary ~ Resolutian No. W-2408-02 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 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: Resolution 08-007: RecreationlConservation Resolution for Greenacres Park GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approved Greenacres Development grant proposal to Washington Legislature 2008. ' BACKGROUND: The City is applying for a grant request for Greenacres Par1c Development. Pursuant to that, a resolution is required by the Washington Recreation and Conservation Office. The 2006 grant for acquis'rtion funding was approved. Regarding the development of the park project - The City received $300,000 from the 2008 Legislative Session and we will be seeking an additional $200,000 from the Legislature in 2009. In accordance with Council's direction to proceed with the development of the Greenacres Neighborhood Park staff is preparing the submittal of a$500,000 development grant request in 2008. OPTIONS: ~ . RECOMMENDED ACTION OR MOTION: Approve Resolution 08-007, Recreation Conservation Grant for Greenacres BUDGET/FINANCIAL IMPACTS: The total City commitment for this project is $200,000 which will be budgeted in Parks Capital Projects Fund through the annual budget process. STAFF CONTACT: Mike Stone, Parks and Recreation Director . ATTACHMENTS: Draft Authorization Resolution Washington Wildlife and Recreation Program ~ Authorizing Resolution Lacal AgeNCies and Nonprofit Organizations You may reproduoe an your own paper, text may not change. Organization Plame C'rty of Spokane Valley Resalution No, 08-007 , Projeci Name(s) Green Acres Pdeighborhoad Partc A resolution authorizing app[ication(s) for funding assistance for a Washington Wildlife and Recreation Program (WWRP) project to the Interagency Committee for Outdoor Recreation (IAC) as provided in Chapter 79A.15 RCW, for acquisitian, . development, or restoration of habitat conserva6on and outdoor recreation lands and facifities. . WHEREAS, our agencylorganization has approved a comprehensive plan that includes this projeci area; and WHERAS, under the provisions of WWRP, state funding assistance is requested to aid in flnancing the oost of tand aoquisition andlor faality development/restoration: and WHEREAS, Qur organization considers it in the bQSt public interest to complete the ins!urance, land acquisition, andlor development project descxibed in ihe applica6on; . NOW, THEREFORE, BE IT RESOLVEO, that: , 1. The Parks and Recreation Director be authorized to make formal application to IAC for funding assistance; 2. Any fund assistanoe received be used for implementaGan of the proJect referenced above; 3. Our organization hereby certi5es that its share Qf proJect funding is committed and will be dedved bom City of Spokane ~ Valley Parks Capital Funds as adopted in the 2008 Final City Budget; 4. We adcnotivledge that we ate responsible for supporting all non-cash commitrnents to the sponsor share should they not materialize; [if applicable] 5. We ac9cnowAedge thal any propetty acquired or facility developed vrith IAC financial aid must be plaoed in use as an outdoor recreation faciliry and be retained in such use for a minimum of ten years from final reimbursement unless ofhervrisg pravided and agreed to by our organization and IAC ['rf applicable]; b. This resolufion becames part of a formal appGcation to IAC; and 7. We provided appropriate opportunity for public comment on this apptication. This resolution vras adopted by our organization during the meeUng held: Locahon Spo9cane Va11ey City Ha11,11707 E. Sprague, Ste 106, Spokane Vaqey 99206 Date Signed and approved by the followfng aufhorfzed representative: SEgned TiUe Date Attest: Approved as to form ~ . . Q CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: 19 consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: 24`" Avenue Reconstruction Project- MOU for Sanitary Sewer Extension . GOVERNIPIG LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 26, 2007, Adopted the 2008-20013 Six Year TIP which included funding for Street Preservation Projects; March 25, 2008, Council review of Draft Amended 2008 TIP; April 15, 2008, Informational Memo regarding proposed 24'" Avenue detour route; April 22, 2008, Public Hearing on Proposed Amended 2008 TIP which included the 20' Avenue Reconstruction Project; Admin Report to Council on this agreement on april 29, 2008 wfth approval to place on consent agenda. BACKGROUND: The City plans to reconstruct 24'h Avenue between Sullivan Road and 22nd Avenue this summer. Rem-Rock Corporation owns a parcel of land adjoining the south side of 24th Avenue between ~ Sonora Drive and 23rd Avenue Court. This land will eventually be developed into the proposed Timber Lane Terrace Subdivision. Several lots within the proposed subdivision require construction of 315 linear feet of sanitary sewer within 24th Avenue ROW. See attached map. . It is mutually advanfageous -for the City and Rem-Rock Corporation to include the construction of the sanitary sewer line for the Timber Lane Terrace lots within the 24th Avenue Reconstruction project. Rem-Rock Corporation avoids the cost of road reconstruction and the City avoids damage to the newly constructed roadway if the sewer was constructed at a later date. The attached MOU has been prepared for the developer to reimburse the City for the estimated $24,288.00 cost associated with the sewer line construction. RECOMMENDED ACTION OR MOTION: Move to approve the N10U with Rem-Rock Corporation for the reimbursement of costs related to the extension of a sanitary sewer line in association with the City's 24th Avenue Reconstruction Project BUDGETIFINANCIAL IMPACTS: There will be no cost impact to the 24'" Avenue Reconstruction Project with the execution of this MOU. If the MOU is not executed, the sanitary sewer extension will be deleted from the 24`" Avenue project. - ~ STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: Memorandum of Understanding (MOU), Mlap > G c~n 207N 1 ND 22~ 2 z . . Z . - Ce - - SEWER EXTENSION 315 L.F. z ' ~ c J PROJECT v LIMITS 27 REM-ROCK CORP. SANITARY SEWER CONSTRUCTION ~°po~`~ane 24TH AVE RECONSTRUCTION PROJECT j~~'` i DRAFT MEMORANDUM OF T]Ni]ERSTANI}ING (MOLF) , BE'TWEEN 'IHE CITY Ok' SPOKALNE VALIIEY i AND Rem-Ruck Corporation . ; FQR TBE YlESIGN, BUAI}ING & CONSTRUCTION Ok' 24°h AVENVE SEWER MAIN IN ~ONJUIVCTION WITJI THE 24 TH AVEN[FE RECONSTRUCTION PROJECT f ` WH ~I~ARTE ~ EREAS, as a part of its Tran~portatian lmrovement Frograro, th~ C[TY OF SPO VA.~.LEY (the: ~~IT~'} intends to canstruct the 24 ~ Avenue Recanstruction Project (the ROA.D ~ PROJEC'T). Thc~ work includes the full-width, curb to curb, reconstructian of 24'LTM Avenue, between , Sullivan Road and 22"d Avcnue; and I WHE~EA$, as a part of its development of t'ie proposed Ttmber Lane '1"eiraue, R.ern-Rock Corporation, F.O. Box 9$9, C ity of Spokane Valle}', WA 99037 (the DEVELOPER), intends to con struct a project ~Cnowri as the 2e Avenue Sewer ]N1ai n Proaect, and a segment of that s~wer project, hereinafter ref~rred to as tti'e SEWER PROJECT, is 1ocated within the limits of the ROAD PROJFC7';.arrd WHEREA~, the CITA and DEVELOPEl~ agrec that the installation of the SEWER PROJECT rn conjunction with thc ROAD PROJECT would benefit the ra#epayers, #axpayers arfd the traveiing public; NIIW, TrIEREk'~R11, the Cl'TY and the DEVELOP15R do hereby agTee as follows: ARTiCLE 1-JOINT RESPO1YSiBMYTIES Pi ans and specifications for the ROAD PROJECT will be prepared by the CITY, anti the CI'TY intcnds to construc# the iLOfLD PROJECT in 2008, DEVEI.OPEP, wiI l prepare pjans, stamped by a C ivil Engineer licensed in thc State of Washington, for tl7e SEW ER FROJECT, together with tcchn ical specifications and an sssociated scliedule of bid ibems_ The CTTY will include those plans, tecli nical speczfications, and tb e associated bid schedulc~ with the bid documents for the ROAD FftOJECT. Tht plans and spe6fioations for both the RQAD PROJECT and the SJEWER PROJECT shall be based on the 2008 Standard Specifications 'for Road, Bridge, and Municjpal Construc#ion as publishetl by the Washington Stake Dopartment af ~ ransportation. The CI`I"1' and AEVELDPER agree to accept the lawest responsible biddet for the combined project. A bidder may be disqualified only in accordance with #he a#tached Americ2►n Publie Works Associstion Cseneral Specjati Fmvkion (APWA GSP) Section 1-02,14 supplementing the WSDOT Standard Speci£'ications. 'Ihe costs in the.bid shall be allocated between #he ROAD PROlECT and SEWER PkOJECT with the City paying for the ROAD PROJECT and the DEVELOP BR paying for thc~ S.EWER PRO]EC'P. . ARTICLE 2-,RESPO1VSIB1_LITY OF THC CYTY - 1, The C['F'`C, tLpon awarding a contrac# for the ROAD PROJECT and the 3EWER PROJECT, shall have ful! control over tYie resultanx construction con#ract and shall be the adminis#rator for tlle combined prQject. ~ . . 2. The CITY shalE be responsiblc~ for all aspects of rhe deslgn, construction, and constructi on managernent O relative to the ROAD PitO3ECT, including, but not limited to, removal and replacement of asphalt and read base down to subgrade within the 2O Avenue Reconstruction Project constructian limits. Th e C ITY Memorandum of UndcrStariding - Rem-Ro ck Corpora[i an - Page 1 of 3 DRAFT will be responsible for compaction testing of the subgrade and asphalt replacement within the boundaries f j • of the ROAD PROJECT. 3. Thc CITY shall make payments to the contractor in accord3nc$ wirh the contract terms, in order that work will proceed according to schedule. . ARTICLE 3-12ESPONSII3ILITIES OF the DEVELOPER 1. The plans and specifications for the construction of the SEWER PROJECT will be prepared by the DEVELOPER in accordance with the current Spokane County Sewer design Standards. The DEVELOPER will obtain County approval of the plans and specifications by April 1, 2008. The DEVELOPER will coordinate plan developmeot with the CITY and with Vera Water and Power and take reasonable measures to ensure that the SEWEIZ PROJECT plans are compatible with the scope of work contemplated under the ROAD PROJECT. 2. The DEVELOPER shall designate a responsible person who shall represent the DEVELOPER's interest during the construction of the SEWER FItOJECf, and shall coordinate any modifications or changes needed by the DEVELOPER in conjunction with the work. 3. The DrVEL01'ER shall be responsible for the inspection and testing of all work and materials which are solely related to the construction of the SEWER PROJEC'T', including compaction testing and soils testing within the SEWER PROJECT treiich area below the final subg-ade elevation of the reconstructed 24"' Avenue. The DEVELOPER shall provide a representative to pcrform inspecti4n duties relative to the , construction of the SrR+ER PROJECT that meees the approval of $pokane County. The DEVELOPER's representative shall provide tabulations of pay quantities to the Cl CY upon 48 hours notice to facilitate J the preparation of pay eslimates by the CITY. 4. Any modifications or changes to the SEWER PROJECT shall be coordinated by the DEVEL01'ER and shall be coordinated with and approved by the CITY prior to implementation. ARTICLE 4- ALLOCATION OF COSTS 1. This Memorandum of Understanding, once fully executed, shall establish a commiCment by the DEVELOPER to reimburse the CITY for all construction costs associated with the SFWER PROJEC7. All additional costs associated with the DEVELOPER's change orders for the SEWER PROJECT shall be the responsibility of the DEVELOPER. 2. Payment by the I7EVELOPER shall be in the following manner. A. The 1'olal Project Cost of the SEWER PROJECT will be estimated by the Developer's engineer in an Engineer's Estimate of Probable Cost, broken out by bid item, including applicable state sales tax, and a 15% contingency. The DEV ELOPER will provide cash, a letter of credit, savings assignment, set-aside letter, or other appropriate financia) instrument to the CITY, with a signed copy of this Memorandum, giving the CI1'Y a unilateral right to access funds up to the "Total project Cost" amvunt, from a finaneial institution. The SEVIER FROJECT will not be included in the ROAD PROJECT bid documents unless this signed MOU and a financial instrument are both received one week prior to the date of advertisement currently scheduled for Thursday, April 10, 2008. ~ Memorandum of Understanding - Rem-Rock Corporation Page 2 of 3 ll12AXT 0 B. The CITY and the AEVELOPER recognize that the estimated Total Project Cost for tt►e SEWER PROJECT is for planning purposes, and that the final cost will be based upon final quantities, awarded unit bid item prices, and associated change orders. C. The CITY shall prcpare monthly pay estimates for the SEWEIt PROJECT based upon the tabulations of pay quantities provided by the DEVELOPER. The DEVELOPER shall have one working day to review each pay estimate prior to the City presenting the estimate to the Contractor foe final payment. If review comments are not received by the CTTY from the AEVELOPER's designated representative within one working day, lhe CITY will proceed with payment of the pay estimate to the Contractor. D. Upon completion of the ROAD PROJECT, the CITY will tabulal;e all Final Cost associated with the SEWER PROJECT. This Final Cost will be compared to the estimated Total Frojeet Cost described in Section 2.A. above. If the Final Cast exceeds the estimated Total Project Cost, the DEVELOPER agrees to pay the CTI'Y the difference within 30 days. If the Final Cost is less than the estimated Total Project Cost, the CI'TY agrees to either reimburse the DEVELOPER the difference (if the DEVELOPER paid cash) or the CITY agrees to request from the letter of credit, savings assignment, set-aside letter, or other appropriate financial instrument only the Final Cost of the SEWER NROJECT. ARTICLE 5 - DURATION The agreement shall terminate uFon the completion of the construcrion project provided for hereunder and completion of payments under t6e prevailing wage laws, provided that any warranties from the contractor ~ to the CITY or the DEVELOPER shall continue in full force and effect. ARTICLE 6 - APPROVAL This ➢vlemorandum of Understanding was approved by the City of Spokane Valley City Council on , 2008 and by the DFVEL,OPER on 32008. CITY OF SPOKANE VALLEY: . By: Date: J7avid Mercier, City Manager Al'PIZOVED AS TO FORM: By; . Date: Office of the City Attorney DEVELOPER: gy: Date: O James R. Fox, President Rem-Rock Corporation Memorandum of Uuderstandin Rem-Rock Corporarion Page 3 of 3 1 l J 1-02.14 Disqualification of Bidders (September 12, 2007 APWA GSP) Revise this section to read: 1. A bidder will be deemed not responsible and thc proposal reiected if the bidder does not meet the responsibility_ criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contractiniz Agencv, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a nreaualificatiQn of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for othecs, as judp-ed from the standpoint of conduct of the work; workmanship: progress; affirmative action: eaual emelo}ment onborlunitv practicest or Disadvantaged Business Enterpti. e. Minoritv Business Enterprise, or Women's Business Enftrise - utilization; e. 1'here is uncompleted work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the work bid upon; £ The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete awritten public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the work; or i. There are any other reasons deemed proper by the Contracting Agency. 1-02.15 Pre Award Information (October 1, 2005 E1PWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various pbases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, Ci7 of Spokane Valley 61 General Special Provisions 24 Avenue Recoastruction Project Bid No: 08-006 , 0 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. A copy of State of Washington Contractor's Registration, or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03.1 ConsideraHon of Bids (March 1, 2008 COSV GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit ti%711 control. If a min.imum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracring Agency will unilaterally revise the unit or lump sum price, to the mLn;mum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or altemates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awazded Contract Price amount and the ~ amount of the contract bond. Add the following: Award Yrocedures The bids received N&nll be sumrned and ranked from lowest to highest bid far the sum of a11 base bid schedules {A+B+C}. If the City chooses to award a contract; it will be to the lowest responsible bidder for all of the base bid schedules. 1-03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, NN711 be available for signature by the successful bidder on the first busine.ss day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 14 calendar days after the award date, the successful bidder shall retum the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the contract by the Contracting Agency, the successful bidder ~ shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. Cit~ of Spokane Valley 62 General Special Provisions 24 Avenue Reconstruction Project Bid No: 08-008 CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: 0 conserit ❑ old business ❑ new business ❑ public hearing ❑ informatian ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration - STA Cooperative Funding Project for the Sprague/Bowdish Concrete Intersection Project PREVIOUS COUNCIL ACTION TAKEN: June 26, 2007, Adoption of the 2008-2013 TIP; February 6, 2007, Informationai 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. BACKGROUND: The City of Spokane Valley submitted a funding application for the Sprague/Bowdish Concrete Intersection Project to SRTC back in March 2007. Funding was originally planned to come from the Federal Transit Administration (FTA) Section 5307 funds. However, funding for this project has been switched to, and approved by the Spokane Transit Authority (STA). , From results of traffic counts completed at this intersection, approximately 35,000 vehicles per day travel through this roadway. The existing roadway is in poor condition. The majority of the ~ pavement distresses at this intersection occur on Sprague Avenue and this area exhibits rutting in the range of 1" to 1-1/2" in depth which poses a safety hazard to all vehicle traffic. The intersection will. be reconstructed with Portland Cement Concrete to ensure long term durability. This project will also upgrade the sidewalk curb ramps to meet current ADA standards to provide safe access for wheelchairs and visually-impaired pedestrians. We have entered into the preliminary.engineering/design phase of this project and anticipate construction beginning in July 2008 and completion by September 2008. Spokane Transit Authority requests that a Cooperative Funding Interlocal Agreement be executed for this project. The agreement outlines the terms of receiving these grants funds. Attached is a copy of this agreement along with a copy of the Project Application. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to execute the STA Cooperative Grant Agreement for the SpragueBowdish PCC Projeck.BUDGET/FINANCIAL IMPACTS: The project estimate at the time of grant application was $892,000, of which $709,100 would be reimbursed by STA. This estimate will be updated as design of the project is completed. 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 Direc#or ATTACHMENTS: STA Cooperative Funding Interlocal Agreement After Recording, please return document to Christine Bainbridge, City Clerk City of Spokane Valley 11707 E. Sprague Avenue Spokane Valiey, WA 99216 Cooperative Funding Interlocal Agreement 1) Agency: Citv of Spokane Vallev 2) Contact Person: Steve M. Worley, Senior Caaital Proiects En4ineer 3) Telephone: 509-921-1000 4) Fax: 509-921-1008 5) Address: 11707 E. Sarame Avenue. #106 Sookane Vallev. WA 99206 6) Project Description: Sprague 8 Bowdish Intersection - Intersection to be reconstructed with Portland Cement Concrete. 7) Project Costs: PE: $ 90,172 RW: $ 0 CE: $ 90.400 Construction $ 711.428 Total Cost: 8) Project Revenuss by Source: STA Cooperative Grant $ 709.100 Sookane Vallev $182•290 TOTAL REVENUE: $892_000 Page 2 of 2 9) Project Construction Year: 2008 10) Fund Demand: Anticipated date(s) of reimbursement Request: October 2008 Amount: $ 709.100 $ STA will pay after tne work has been completed and certified by the respective agency's engineer. Billing should be limited to a single reimbursement request or $709,100 (total award) or may be requested for completion of each phase. This agreement is entered into this day of 2008 between Spokane Transit (STA) and the City of Sookane Vallev in an amount not to exceed 709 100 or 80 percent of the project total, whichever is less. The Cfir of Sookane Vallev agrees to follow ap locai, state and federal requirements for the project and certiTy same to STA upon project closeout All projects are subject to prior STA approval of final design and location. By: By. Name: Susan Meyer, Chief Executive Officer David Mercier Agency: City of Saokane Vallev Date: Its: City Manager Date: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: ❑ conseni ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin: report ❑ pending legislation AGENDA ITEM TITLE: Uniform Development Code Area-Wide Rezone, Greenacres Lot Size (a) Statistics - Mike Basinger/Kathy McClung Per the April 23, 2008 Memorandum from Mike Basinger, Staff will discuss the attached analysis for Greenacres (b) Council Motian Consideration/Discussion RECOMMENDED ACTION OR MOTION: Move that the Spokane Valley Council direct the Spokane Valley Planning Commission to reconsider the lot size zoning for the Greenacres Neighborhood. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Basinger/Kathy McClung ATTACHMENTS: (a) Statistics: April 23, 2008 Memorandum Exhibit 1- Greenacres 2008 LQA Analysis, 10,000 SF (R-2) Exhibit 2- Greenacres 2008 LQA Analysis, 7,500 SF (R-3) Exhibit 3- Greenacres 2008 LQA Analysis, Vacant & Partially Used Land (b) For Council Consideration/Discussion: . Ordinance No. 05-003, effective 2-9-05 (Greenacres Area-wide Rezone), with map and Planning Commission Findings of Fact dated Januarv 25, 2005 Planning Commission Minutes of Auqust 23, 2007 (in particular see page 4), with accompanying map Excerpt from Council Meeting Minutes of September 18, 2007 %ExcQrpt from Council Meeting Minutes of March 4, 2008 May 6, 2008 e-mail from Alden and Gail Sherrodd asking Council to restore the zoning in the North Greenacres area to the 10,000 square foot lots rm ' cr iPOKane Valley 11707 E 5prague Ave Suite IOo CI Spokane tiaUey WA 442f.6 504.421.1000 G Fax: 509 .921.1008 0 cityh-IlC6pnkane4-alley.org Memorandum To: Dmid Mercier, City Manager and Members of Ciry Council From: Niilce Basmger, AICP, Senior Planner CG Kathy McClung, Community Development Director Greg McCorinick, AICI', Planning Manager Da[e: Apri123, 200$ Rc: Greenacres Land Quantity Analysis Please find the attached analy5is for Greenacres. Greenacres is primarilj• zoned Single-Family Residential District (R-3) wzth a minimum lot size of 7500 squarn feet. City Council requested staff to analyze the Greenacres area applying the Single-Family Residential Suburban I?istrict (R-2) with a minimum lot size of 10,000 square feet. The table below identifies potential dwellings and pvtential population for R-2 and R-3 zoning designations bascd on 2008 Land Quanfity Analysis (I.QA). Zunin classification Potential D%yeflhigs Potential Po ulniian R-2 504 1,259 R-3 576 1,439 Attaahmrnis: Eahibit 1: Analysis for R-2 Exhibit 2: Anatysis far R-3 Ex1u'bit 3: Analysis for Vncant and Partislly Usai Land Cahibit 1: Greenacres 2008 LQA Analycis 10,(411 SF (R-2) . -~~i - - -M Llgllld . .Y ~ 1 CRRP.NACR[S R-2 (IOK) i U PO,rNW,TIl~, Au I ` \ \ . ( I \ \ J+___L~' =O ~ f _ _ - ~3.~ ~ ~ ` ~ ~ ~ • . ~ • ~ ~ , ~ M 21 - 40 1 is )06T RcwYnNml I'ermm --00000 Lhrelil,;Ks 504 `-t~, - ~ ~ ~ _ ~ 1.; , ~ , r_ ~ ~-1--- - - • kAl 1I- M.p i,.o~ I-_ ~ i- _ I «FJ. , , - ' - - ~ • . I ` _ • _ , _ - i ~ L ~ . , , ~ L c_ . ~ 1( ~ " ~ .1'ris (1► rJwiwr w~w~ ~w 1M.,~ 4 e~M ~w~ ~ww . +~r~..•.J.~. ~i..u~vluhl. i - _ _ - - ~ - - F,xhibit 2: CrecnnCres FF 2tlOf~ LQA Ans~lycis 7500 SF (R-3) ` ~~-~-L . • _-s - a ~ ~iA UglMd ~ r.ate.NucrePS Ra (sO) I'ANII1.ATiC1N =0-2 i ~ , - _ _ _ ~ _r~-~- ~j - - . t ~ ~ ~ ~ - ~r_~ ^ ~ I R~ _ : I • <p , r _ f 2Mn Re.~k+uui l4rma~ - r / - - • I - - ~ lAvall/nti►r 376 't ~ I ~ ~ i ~ 1 ~ • Ptymlalfo» 1.439 ~..j~_ -i - - • . - i--~ _ i ; - - -i_i_I 1-ie~;~_~ - ~ ~ - ► - - Tqmll Aj=j , - • I - - . _ ~ - - n 1fo Ilw , I.itll~ , 4fM~w1 I I 1 1 1 ~ y ..r~.~Wr~•wr~wur }b!~►~+r~f~r 1~ , , I ~ ~ n~~r.~ Jr~ ~1► ~rr~w ~ ww~~ ~I~/~r N W bd.w1~M►Mw.w^l.r.r.~.w.r.. R ' \ ~ irrwFw+a wrrrr~•rr~t~rli~.(~~ - . - J1m~~I1.M~w I~w.1ft~.+t iW~rjl.140~ ~ wr. r r. w r~..... •~w r.+^~ n~r• r,'' - _ ~f` ;•~~~Y~IiI~~~ r`. ~r- . ` ~ ~r; • ~r. ~ , 1?xhi6it 3: Greenacres tiwFi ` ! ' '(lpR I.QA Anul~is I~~ r ~ w~_ Vnrant & Pnrlinlly Useci Lnnd "T,.~ Legend ~ . . 1 . , ~ ~ ~rl, . • ~ - ~"~~.j~ ; Kbnrl PIaI Appliral{ons + i n , ~ .1 ~ ~ 'i6'~ r , i~ ~ ~ 1 s~ ~ i4tlnnairy Ru ! ! ~ •:j~, ,l~,~ ~°'~r~.S~,~,• I rsig rUl wppuc.tion. , _ ~ 1c~ aK~. r~1~~ ~ y ~I •~jC7• '~r~l~~+• ~_...iMM~ier~w ~,,~~1r t,>~~r R i , q ~ ~Jy T - N~ ~ ' .'~:l~►r . u..l~.~tl i'v~' -y ~ j 14eimnmry P1r , ' < ~ ` "~~1~ j , . ~ ~~~~~.T~ • ~ ~ r.nuary Una 1.M1 M' is f~~~: i'~~": l 1 L:NI~~ r' ~ ~s. • ` ~ "~0~ i ~ .t I ~ ~ . ~ • ~ , ~ "li ~ ~ ~ . ~ , .r•. _ ~r' • ~ • a;y;,:a, ~~i~ ,~~~~9/ ~~...v:~l~~.a. "1 - - ► - 'R~.~,~~. . ~'•;a'~~~~ - , ~d • • ~`3' II{ ' y~ .^yF~j i, 'I ~ L :J.~ ~ • ~ ' dpv , _ - N^'~ ~ ~ ? '0~' uW. unnnn. *-v ~,.r'•';;?*~!: ~ ;`~+~~;,ya . I y ti.7 T ;~~x~}" , o ~ - I~ f •:~rr7: •~~~I r I j ' ~ l,^' ( ' ~ k~l I'-I,.y'• ~ - - , . r-~ ~ „ ,w , •1 1 I~ L4 . .~.....~.~....r,a.....,._. x ' ft"- ~i F, .Ir ~1 • ~ rl~rrAr~.r~. ~ `.w.dS~N pr/ 1. .-.F~' _ ~ " . ~y` J ~ ~ . ; . M. w«+... wr~« ~....~......i.~...~.. ~ I .r~ • ~1r1 M ~ , a~ I •r / ~ ' ^ ' '~~1*!L~. ..l~ystir.~ . ~~«.Nfbww~ 1~W CITY OF SPO.K1iNE VALLEY `=J SPOKA~V'E COCJNTX, WASIIINGTON ORDTNANCE NO.OS-003 A\ OftllrNA!\TCE OF THE CTTY OF SPOICANTE VFILLEY, SPOKANE COUNTY NVAS.HNGTON; AMENDTNIG THE INTEItI[vi ZO\TING viAP OF TEIE CITY FOR PROPER.TY LOCATEI7 NORTH Or NiISSION AVEA\TCJE, SOUTH AiND EAST OF I I-E SF'OKANE R,NCR AN'D WEST OF BA.R.K.I;R R0All FROIvi UR-7* TO UR-3.5, AND PROVTDI`iG FOR OTBER NLEITTFRS PROPERLY R,EI..ATED TM'ERET0. WHEREt1S, the City of Spokane Valley, ineorporated on ivIarch 31, 2003 and adopted Land Use , plans and regulaiions as set foreh below: (1) Comprehensive Plan, Capital Facilities Plan, and Maps as the Interim Comprehensive Plan of the City through Qrdinance iNo. 52; (2) I'he Spokane County 7oni.ng Code as supplemented and amended by the Phase 1.Develppment RegulaUons as the Interim Development Regulations of the City through Ordinance No. 53; and . (3) 1'he Spokanc County Zoning Maps as the Interim 7oning vlaps of . the City through Ordinance No. 54; ~ WHEREAS, the Interim Spokane Valley Zoning Code includes a process where property ow-iiers may i.nitiate an areawide rezone by petition; NVHEREAS, at least 51% of property owners tvithin the subject area must sign the petition to ' initiate the rczone; NVHEREAS, on July 1, 2004, the City of Spokane Valley received a sufficient petition to initiate an aneawide rezone for the north Grecnacres neighborhood; _ WI-IEREAS; consistent with the Washington State GroNvtM Tvisnagement Act (G~UIA), Spokarie " Valley adppted Public Participation Guidelines ta direct the public uivolvement process Eor adop[ing and ' ainending comprehe.nsive plans and development regulations; WHEREAS, foUowing the application to the City, staff conducted an environmental re,view to determine the potential environmental irnpacts fram proposed zone cbange; WNF:REAS, after reviewing the Fnvironmental Checklist submill:ed by the Applicant, staff issueti a Determination of Nonsigni.fca»ce (DNS) for the praposal, published the DNS in the Valley News Herald, postecl the DNS on the site anc3 mailcct the DIVS to all affected public ageneies; WHEREAS, the Planning Commission (Commission) condueced a briefing on August 12, 2004. Co review the proposed rezone; . «'HE.REAS, notice of the Cornmission public hearing was published in the Valley ~tews Hertild at least 14 days prior to the hearing; ~ , Or+dinance 05-003; Greenacres Area-wide Rezonc REZ-17-04 Page 1 of 4 . . f ( . WHE,EREAS, noCice of the Commission hearing was mailed to all property owners within 400 feei of the subject property; WHTRFAS, notice of tiie hearing was posted on the subject property; VNrF-i.EREAS, the Commission eeceived evidence, information and a staff recommendation at a public hea.rinr* on September 23, 2004; «RE-AS, the Commission continued deliberations to October 14, 2004, requesting that staff . prepare a map showing vested developments and propcrties of individuals rcquesting to be excluded from the rezone: VJkIEREAS, on October 14, 2004, after considering the entire record, the Commission voted 3-3 on a motion to recommend approval of the requested areawide rezone; WHEI~EAS, on "November 18, 2004, the Commissinn reconsidered the motion to approve the areawicle rezone and voted 4-3 to recommend approval of the rezone request for the property depicted in Attachment A; WI-ICUAS; Council reviewed the request at their NTOVember 30, 2004 meeting atid requested that staff prepare information speci.fic to the status of certain development projects in the area, specifically requesting information on roads and sewer; and Wl-iEFLEAS, on 17ecember 14, 2004, Council reviewed inforniation provided by staff; considered . the First ordinac►ce reaclinF;, and tabled a motion to zipprove the rezone; and . WHfREAS, on December 21, 2004, Council remanded the rezone back to the Comrnission for their written findings of fact anct recommendaCion; and WI-iE1tEAS, on Jeinuary 13, 2005, the Commission approvecl written findings of fact, setting forth their hasis for recomniendiiig approval of the proposed amendment; and NOVV, TI-IEREFO}2.lhe City Council o£the City qf Snokane Valley do ordain as follows: Section 1. Purnose. The purpose of this Ordinance is to amend the Intcrim Z4ning Map adopted through Ordinance No. 54 in order to perrnit the property described herein to be used in a matter ' consistent with the sane. Section 2. Findings. The City Council acl:riowledges that the Commission conducted appropriate investiggation and study, held a public hearing on the Application, and recommends approval of the amendment to the Zoning Map set forih in this Ordinance. The City Couneil hereby adopts the findings of the Commission, speeifically that: - 1. Spokane Valley conductcd an appropi`iate environinental review and all SEPA requirements were met. 2. Spokane Valley followed its Public I'articipation Guidelines in processing the proposed rezone, including adequate public notice of the Commission hearing. 3. Thc goals and policies of the Interim Spokane Valley Comprehensive Plan were considered and the _ proposed rezonc is consistent with d1e Cnterim Comprehensive 1'lan. : 4. The proposed UR-3.5 zotte is consistent with surrounding zoning, particularly south of Missien Avenue. Ordinance 05-003; Grccnacros Area-wide Rewne REZ-17-04 ' . F'ags 2 of 4 ~ ( r ~ 5. The Interim Spokane Valley Comprehensive Plan designates the area as ow Density Residential. The Phase 1 Developmcnt regulations specifes both UK-3.5 and UR-7* as ia►plementing zones. The Phase I Regulations do not provide any critctia to help determine which Low Density Residenkial areas should be Loned UR-3.5 or UR-7*. 6. Significant testimony in support of the proposecl rezonc was expressed at the hearings. Testimony included concem about ttie adequacy of roacls, parl:s, schools and environmental impacts. Lowering the alloNved clensity will lessen the potenkial impscts from new development. 7. Prope.rty owners may request a site specific rczone back to UR-7* via the 1-iearing Examiner process. 8. Tlie zone chanQe will not adversely affect the public's general health, safeCy and welfare. Secdon 3. Pro e. The property which is subject to ttiis OrdinF►nce is described on the attache.d AEtachment "A". . Section 4. Area widc Rezone. Fursunnt to Chapter* 14.402 of the Interim Spokane Valley Laning Code, as adopted throug}i OrdinFUnce No. 53, the City of Spokane Valley Interim Zoning Map is hereby amende•d as set forlh on the attachcd Attachment "A". The rezone is generally described a.s follows: R,EL 17-04 Location: 7"hat area Ioeated north of Nlission Avenue, south and east of the Spokane River and we.st of Barker Road, currently zoncd U*R-7*. I7ecisian: Chan€e praperty showri on Attachment "A" froin UR-7* to UCZ-3.5 Seclion 5. Adoptian of Other Laws. To the extent that any provision of the Spokane (D Cnunty Code, or any other law, rule or reoulaCion referenced in the attachetl Zoning Map(s) is necessary or convenient to establish the validity, enforceabiliCy or interpretation of the 7vnina vlap(s), dhen such provision of the Spolcane County Cocte, or other law, rule or regulation is hereby adoptecl by referenee. Sec6on 6. Map _ COpie.~ on l~ilc-Adminish-ativc Action. The Comprehensive Plan (with vtaps) and "Goning Map(s) arc maintained in the office of the Ciry Clerk tts -vvell as the City Department of Community Develqpment. `l'he City Manager or de.signee, followi.ng adontion of this Ordinance, is authorized to modify the Comprehensive Plan Map and the 7oning Map in a manner cansistenC widi this Urdinfunce. Section 7. Lig~. '1'he express intent of ctie City of Spoka.ne Valley is tkiat the responsibility for compliance with the provisions of this ordinanec shall rest with ttie permit applicant md their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and fu•e not intended to protect ariy partieular class of inclividuals or organizakions. ' Section 8. Severabilie>>. If any sectinn, sentence, clause or phrase of this ordinance shall be held to be inval.id or unconstitutinnal by a court of competent jurisctiction, such invalidity or umconstitutionality shall not affect the validil`}1 or canstitutionality of any otber section, sentence, clause or phrase nf iliis ordinance. Section 9. Effectivc Date. This Ordinance shall be in ftill force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. . , n_a:_,._..,., ne nnz, r~~o,~~.,•e droa_w•irla kr7nne 12F.7-17-04 Pagc 3 of 4 + l ~ . . PASSEI7 by the City Council this 250'tlay nf January, 20(1,,4/ Mayor, Diana VJilhite A ~j• ~ ' City Cleric, Christine Bainbridge Ap) oved As ' 4AAY "7~> Deputy ' Attorney, Driskell Datc of Publication: a-- Eff'ectivc Date: J- / Ordinaiice 05-003: Gre-tnecres Arca-wide Itezone REZ-17-04 PaQC 4 of 4 ~ ' . ~s Vicinity Map ~ - _ ~ ~ . ~ . ~ ~ ~ . . . ~ . . . - , I ~ . ~ f ~ , . , . , i:6m pic x - , - - = ~ - ~ ~ ~ ~ - - . - ` ~ ~ e . . . : - . . . . . : . . . . . . . . . . . - . - . . . . . . . . . . . . . . . . , . . . . . . . . ~ , ~ : ~ . . . . . . . = , , . . . . . . . _ . . . ; : ~ . . - . : . . : . : . : ; Q, . . ' . . . r . . , In- • . . . ~ _ - , . _ : . . , ; : . . ~ . _ . • fi;" . . . . . . . . . . ~ . - . . , . . . - . . . . . . . . . . ` . . . . . - . . i _ . . . . . . . . , ~ . . . . ~ . . . . , - ~ . . . . . . . . . . . ; : : : . . . . : : , . . . , . . . . . . N . , . . . . . . . Greenacres Areawide*~Rezone~`~'.-. ' ~po` ~ . . : August, 2084 • ~ ~~'Vdlle3' RF7-17-04 Attachment `A' SPOKANE VALLEY PLANnrCNG CONf1NZISSION . • _ i Spo'ne F.~DIvGs o~, FACT GRErN4C~s ~„N~F~o,-~ ~oo$Valley RE7,17-04 , WTMRF-AS, the Cifiy of Spokane Valley, i.ncorpor.atetl on March 31, 2003 and adopted Land Use plans and regulauons as set forth below: (l.) Comprchensive Plan, Capital Facililies Plan, and Maps as the TntEri.m Comprehensive Plan oi' the City ' through Ordinance No. 52; (2) The Spokanc County Zoning Code as supplemented a.nd amended by the Phase T Development Regulations as the Interi.ni Devclopment Regulations of the Cifiy through . Ordinaace No. 53; and (3) The Spokane County Zoning Maps as the Interim Zoning Maps o f the City through Ordinance No. 54; . - WHEREt1S, tlie Interim Spokane Val.ley Zoni.ng CodB includes a process where property owners map initiate an areacvidc rezone by petition; VIT.HER.EAS; at lcast 51% afproperty owners within the subject area must sign the petiiion to itutiate the rezonc; WITERL•AS, on July l, 2004; tlie,Cify oF Spokane VzLLley rECeived a sufficient petii:ion to in.itiate an arcaNvide rezone for the north Greenacres neighborhood; VJI E-REA.S, c:onsistent with the Washington State Growth Management Aet (GMA), Spokane Valley adopted Public Participation Guideli.nes to di.rect the public i.nvolvemcnt process for adopting and amending coulprehensivc plans and development regulations; WHEREAS; follovving the application to the City, staff conducted an environmental review to determirae the potential envrironmental i.mpacts from proposed zone change; • WHEREAS; after reviewinb the Environmental Checklist stibnul:ted by the Applicant, staff issued a Determ.i.nafiion of Nonsign,i.ficance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS on the site and mailed the DNS to a11 affecteci public agencies; ~ tiVffEREAS, the Planning Commission couducted a briefi.ng on August 12; 2004, to review the proposed rezone; Planni.ng Contmassion Fiudings Greenacres A,reawide Rezon.e Pagc 1 of 3 ( i WHER-F.AS, natice of the Planning CoTnmission public hcaring was published i.D thc Valley News IIerald at lcast 14 days prior to the hearing; WHEd2EAS, noticc of the Plaiwislg Comm.ission hearing was mailcd to all property owners -,NZffin 400 feet of the subiect property; WHEREAS, notice o.E che heariug was posted on the subject prciperty; «TFffiKEA.S, Ehe Plann.i.ng Comm.ission rE;ceived evidence, inforcnation and a staff recommendation at a public hea.rii.ng on September 23, 2004; NV-HEI2.EAS, the Commission conti.nued deliberdl•ions to October 14; 2004, requesting that staff prePare.a map showing vested developments and properties of ind.i.viduals requesting to be excluded froin the rezoue; VJIIERFAS, on October 14, 2004, after consideri.ng the entire recozd, lhe 1'lan.ning Coinna.i.ssion voted 3-3 on a motian fia recom.mend approval of thc requested areav«de rezone; «'HEREAS, on November 18, 2004, the Flanning Commassion reconsidered 1:he ~ - motion to approve the areavvicle rezone ancl votcd 4-3 ta recommend approval of the rezone request for Ybe property depicted in Attachment A; 'NTOW; 'IHEREFORE, the 1'lana.i.ng Corn.uussion. makes the f.ol.low7.ng: FiRD.TNG5 Ol+ }{ACT An`D C;OVCLUSlONS 1. Comruunity Dcvelopment staff coiiducted an appropriate environ.mental revie« and al l SEPA requirements were rnet. 2. Spokane Valley followed its Public Participation Guidelines in processi.ng the . proposed rezone, includi.ng adequate public notice of the Planrii.ng Commi.ssion hearing. 3. The Commissian considered the goals and policies of the Interun Spokane Valley Comprehensive Plan and the proposed rezone is consisteut witll the Interim Comprehensi~~e Plan. 4. The pro.posed UR-3.5 zone is consistenl witi surroutiding zoriiug, paz-licularly south of Mission Avenue. , . 5. The lnierim Spokane Valley Comprehensive .Plan desipates fhe area as Low Density Residcntial. The I'hase 1 Development regulations specif es both UR-3.5 and UK-7* as i.mplexnenti.ng zones. Thc Phase I Regiala.ti.ons do not provide any criteria to help deferm,ine which Low Uensity Residential areas should be zoned '[JR-3.5 or UR-7*. Planni.ng Com.mission Findings Greenacres Areawi.de Rezone Page 2 of. 3 . .6. The Conuiaission hEard sigr.i.ifiicant testimony in support of the proposed rezone. - Testi,mony includeci concern about the adequacy of roads, parks, 5Ch4015 and emi.ronmental impacts. Lowering the allowed density will lessen the potential impacts f.rom new development. 7. Property owners may request a site specific rezone back tn UR-7* via the Hearing Examiner process. 8. T'he zone chanee will -not adversely affect the public's general health, safety ancl wslfare. RECOMMENllATIOrT Bascd on the slated Findings and Conclusi.ons, the Planning Comm.ission recommends approval of the rezone feom UR-7* to U17.-3.5 for the property clEpicted i.n Attachmcnt A.. David Crosby, Chau Daze . Spokane Valley Planning CotnmisSiOn . Planna.ng Commission Findings Greenacres Areawide Rezon.e Page 3 of 3 . . ' ' ( Vicinity Map C I~ 'O ~ t n ~ ~ a o, m b c tc m 0 ~ m a A -o Tid . ~ 1 ~ 01 3 ~ O S C a ~ a ~ $1t@ ~ r , 9 ~ F)OI"l PIt > - u ~1~ I a a ~ IdO. 30 %g0 E2 Broad ~ ~ 3 IN N Greenacres Areawide Rezone Spc~ckane ' August, 2004 ~~~ey ~ Spokane Valley Planning Commission ~ Approved Minutes Council Chambers - City Hall, 11707 E. Sprague Ave. August 23, 2007 . . I.CALL TO ORDER Vice- Chairman Blum called the meeting to order at 6:00 pm. II.PLEDGE OF ALLEGIANCE Commissioners, staff and audience stoad for the pledge of allegiance III.ROLL CALL Commissioners Blum, Beaulac, Carroll, and Sands were present. Commissioners Kagle, Crosby and Robertson overe excused absent. Staff attending the meeting: Greg McGormick, Acfiing Director Community Development, Mike Basinger, Associate Planner, Inga Note, Senior Traffic Engineer, Deanna Griffith, Administrative Assistant. N.AGENDA . Commissioner Beaulac made a motion to accept the August 23rd agenda as presented. . V.MINUTES Commissioner Carroll made a motion to approve the minutes from February 22nd, ~ March 8d' and June 14~" as presented. It was seconded and the motion passed unanimously. VI.PUBLIC COMMENT "fhere ovas no public comment offered. VII.COMMISSION REPORTS Commissioner Carroll stated he forgot to mention to the Carnmission he was on vacation during the Aug. V' meeting. Commissioner Sands stated she attended the speaal Council meeting and the Bob Gibbs presentation. Commissioners Beaulac and Blum had nothing to report. VIII.ADMINISTRATIVE REPORTS Mr. McCormick reportEd that the City Council would be having a public comrnent session at CenCerPlace on Aug. 28"' to accept comment regarding the UDC. They would also be holding another public hearing on Sept. 11th, at City Hall. Mr. McCormick announced that the new Director for Community Development had been named, Kathy McClung. Mr. McCormick explained that Ms. McClung would tae joining the City after serving in Federal Way as the Community Development Dr. IX.COMMISSION BUSINESS New Business -Public Hearing SN-03-07, Commissioner Blum read the rules for the public hearing. Mr. Blum also stated that he was working part time for the AutoNation Automotive Group but did not feel that it would keep him from being objective regarding this matter. ; • 08J23/2007 Planning Commission Minutes Page 1 of 5 Associate Planner Mike Basinger presented the proposal to the Planning Commission of STV-03-07, a street vacation of 265 feet of Sipple Rd. and 765 feet of First Ave. The ' applicants are Appleway Toyota, AutoNation Automotive Group and Gus Johnson Ford. Mr. Basinger slides showed where the vacations were lacated in the Auto-Row area. Mr. Basinger explained that the City's Comprehensive Plan stated that the City should extend the street network, and encourage connecting streets for multimodal transportation. The sub-area plan will support new connecGons between Sprague and Appleway whenever possible. Staff is recommending utiiTy easements must be retained and the fire department is requesting a fire lane be maintained. Mr. Basinger explained that the Public Works department did a neeti assessment and Public works is reoommending that the vacation of Sipple Rd. be denied. Public Works has approved the vacation of First Ave. on the condition that Sipple Rd. is extended through to Appleway Ave. Mr. Basinger alsfl stated that he received an updated letter from rhe fire department stating that information in their report pertained to existing buildings only, that if new construction would take place then it would be treated as new development. The majority of the property needed for the deditation of Sipple would need to come from Gus Johnson Ford. FJ Dullanty, Jr., 440 W. Riverside Ave. - Mr. Dullanty stated that he represented AutoNation and Gus Johnson Ford who were both in favor of the petition. Mr. Dullanty stated that he had submitted a letter earlier in the day and hoped that the Commissioners would be able to read it. Auto-Rotiv, by nature, is large lots and no one needs this road. Sipple is not maintained by the City and is used as private access and a driveway by the dealerships. First Avenue is not used by the public, only as part oF the dealership property. Mr. Dullanty explained that there is a through street at Sargent, there is a quarter of a mile beiween Sargent and Vista Rd. Mr. Dullanty , stated that the Sub-area plan was mentioned but it had not been adopted. He felt that Sipple tivould be a hindrance. AutoNation is going to remodel the Chevrolet and Mitsubishi stores. Toyota is going to make a$6,000,000 investment to re-franchise. Thus, Toyota is driving this issue. Toyota is requiring an upgrade in facility, a 6-10 million dollar investment. If AutoNation can not accommodate the upgrade then, they will lose the franchise. AutoNation needs are unique. Mr. Dullanty stated that Appleway is operating under a terriporary franchise agreement with Toyota at the moment. Mr. Dullantiy explained that if AutoNation could not get this vacation, and can • not build a new building, they will lose the franchise. It will leave them only one choice they would need to leave the City. Mr. Dullanty quoted that in Chapter 2, Land Use, Section 2.2.5, page 8 addresses that the Auto-Row area is important, and needs big lots, this isn't big enough to handle Auto-Row. You need to understand that Auto- Row brings in tax dollars, if they fail to build this. building, then you will lose that tax revenue. Benefit to the public, staff report said no benefit to the public. Mr. Dullanty stated that it would implement the Comprehensive Plan, 200-265 feet not sufficient to put a dealership on, violate comp plan it you put small lots on it. Allow site to be developed under new codes, better drainage, better drrveways, public safety improvement, no longer have a right-of-way between the properties that you have to maintain. Mr. Dullanty stated that substitution of Sipple would not make any sense and it would nflt make it better and there is no connection between Sipple and First Ave. He stated he did not understand the trade-off between the two rights-of-vJay and how they were related, how staff could ask for Sipple Rd. Mr. Dullanty stated he felt it was inappropriate for staff to ask for the extension of Sipple in exchange for the vacatian of Fir'st Ave. Mr. Dullanty stated he also felt that the extension of Sipple would not benefit the public what so ever. 08/23/2007 Planning Commission Minutes Page 2 af 5 ~ Mr. Dullanry stated that his clients have indicated to him that if the extension Sipple is a requirement of the First St. vacation it is a deal killer. He alsfl stated that if Appletivay group does not have the abllity to expand the dealership the evay they want to they will go someplace else. It would be a detriment to their plans. Commissioner Kogle asked if any of the Commissioners had any questions of Mr. Dullanty. Commissioner Beaulac asked Mr. Dullanty'fihat if the vacation were grant2ti what guarantee would the City have that Appleway would not leave anyway. Mr. Dullanty stated that there was no guarantee. Commissioner Sands asked that Toyota did not have a problem with part of Toyota dealership was across Sargent Rd. Mr. Dullanty expressed that Appleway did understand that part of the dealership would be across Sargent and did not have a problem witli this layout. Commissioner Carroll asked how much land Gus Johnson owned south of First Ave. that would be vacated. Mr. Dullanty stated that Mr. Johnson did not own land south of First Ave. being vacated and that all of the land that would be required to extend Sipple would all be coming from the Johnson property. Mr. Carroll wondered why the dealers did not feel fihat the additional traffic from Sipple would not benefrt them. Mr. Dullanty tried to explain that the cross traffic would not benefit them, and the only traffic on Sipple and First now is dealership traffic. Mr. Basinger stated that the Appleway group's whole goal ►vas to vacate First Ave. to develop the property for the Toyota dealership. Mr. Basinger explained that if a person were to miss Sargent as a cross street you would have a ways to go to turn in either direckion to go back. Staff felt that to establish more cross streets, as the O Comprehensive Plan recommends and to give AutoNation what they wanted, extending Sfpple would be a good compromise. Ms. Note stated that one eight of a mile is not too close and that 300 to 600 feet is more ideal in the size of a block. P9r. Dullanty's response to Mr. Basingers argument regarding the turn around process of missing Sargent, he stated it did not make sense. Mr. Dullanty stated that the staff report says it does nofi get used for trafffic and was of no benefit to the public. Mr. Dullanry stated that he would like the Commission to look at the over all picture. Do you want this develop or not? Does the City find a benefit to redevelop this facility or not? This is really what this is all about. There are something we would all like, but something's are more important and maybe to revitalize this property is more important to the City. Sean Lumsden, 727 W. Gariand, representing Quinn Group Advertising, For Auto- Row. - Mr. Lumsden stated Auto Dealers were a lucrative business. People come here to shop and leave their tax dollars here. He stated that is a big tax base and employment base for under educated people. Mr. Lumsden stated that he would appreciate that the Commission loflk favorably on this vacation. Mr. Lumsden stated he knew that dealers_ had high standards and that they wanted to update all of their old dealerships to look good. Mr. Lumsden stated he also did not see any need for the cross street, it would just be one way for teenagers to see how fast they could go. Commissioner Beaulac made a motion to recommend approval of vacation SN 03-07, in favor the applicant for the vacation of Sipple and First. Commissioner Sands made the second. Commissioner Beaulac stated he has seen the growth of Auto Nlalls and would like to see the vacation approved as the applicant presented it. 0$/23/2007 Planning Commission N9inutes Page 3 of 5 Commissioner Sands stated she too has seen the growth of larger dealerships, appreciates the tax base for the City, however feels resentful hearing that if the vacation isn't granted Auto-Row will stay an asphalt jungle and be threatened that the dealers will take their business to Liberty Lake or some place else to get what they want. She also stated that she did not have a probiem with the vacation of First Ave. . but that the dealers have consumed a right-of-way, but does the Commission need to go with the staff recommendation to extend Sipple. . Commissioner Blum stated that he felt that it bofihered him if he thought the City was befng threatened, however it also bothered him if the government wanted to trade one piece of road for another. He felt that if the vacation was ok, then it was ok, but don't oondition it. Mr. Blum stated he understaod the need for more cross streets, but was uncertain if there was a need For one here. Cammissioner Carroll stated that he supported the vacation of First Ave. but he could not support the vacation of Sipple because the City could need it now or in the future. Commissioner Sands stated that she felt Chat it would be nice to have time to review some of the additional information and go back and review the Comprehensive Plan. Commissioners took a vote on the motion, the vote was two to two. Motion fails. Commissioner Sands made a motion to continue the public hearing to Sept. 13, 2007 and allow additional public input, second by Commissioner Blum. Vote is two to two, motion fails. Commissioner Carroll made a motion to recommend approval of SN-03-07 as presented by staff, no second. , Commissioner Carroll made a motion to conCinue the public hearing to Sept. 13tn, : . Commissioner Sands second the motion. Vote is three to one, Commissioner Beaulac being the dissenting vote. Commissioner took at break at 7:18, returned at 7:25 and discussed the zoning map i Cprd 9usineV--;Zoning Map. Mr. McCormick explained to the Commission that during delibera ions, the City Council had tentatively decided to bring back the 10,000 sf lot size to the low density residential zoning districts. He stated that based on that decision, the staff had developed a map showing the lots that had been platted at 10,000 sf, leaving the rest of the lots that are being discussed at 7,500 sf. There was a considerable amount of discussion between the Commissioners and staff regarding where the 10,000 sf lots and the 7,500 sf zoning should go. Commissioners have concern that there are too many lots zoned at 7,500 sf and not enough neighborhood preservation at the 10,000 sf. CammissionEr Carroll made a motion that staff return with a map where all lots platted at less than 10,000 sf be zoned at the 7,500 sf zoning district and the rest of the low density residential under discussion be zoned at 10,000 sf. It was seconded and - passed unanimously. Commissioner Sands made a motion that was passed unanimously to forvvard the ' definitions, Appendix A to the City Council. Commissioner Sands made a motion that as passed unanimously to accept the office and Garden Office zoning districts as presented on the map dated 8-23-07. Commissioner Beaulac made a motion that was passed unanimously to accept all other . zoning districts, except the 10,000 and 7,500 sf low density residential as presented on the 8-23-07 map. 08/23/2007 Planning Commission Minutes Page 4 of 5 ~ X. GOOD OF THE ORDER Commissfoner Carroll asked if during street vacatlons if the square footage of the amount of street vacation be added to the statistics provided during the presentation. Also the Commission would like a relationship map be provided so that the Commission could see what is in the area surrounding the vacation. XI. AD]OURNMENT The meeting was adjourned at 8:28 pm SUBMITf"ED: APPROVED: Deanna Griffith, Administrative Assistant Gail Kogle, Chairperson 08/23J2007 Planning Commission Minutes Page 5 of 5 c - - - , - rty o po arte , . . . 9 ,I~ . ~.I ~ ~ry'.~I e . . I. I • . i~T ~ Vl7l~f ey ZU,~ ing ~ _ a , ~ N - ~ . ~ _ ~ ~ ,..o„ r ~~-i~ , . - _ ~ • • . ' ~ Y. ~ .,~e ~ T.i , - • ~ _ - . , - • _ ~ ,d ~ , a . :!1 I . . timd+~ . , _ ~ ~ . ^ • . ~ ~ - f'~~`~ }yy - ~ _ !'!c ysl~~ w.~....~ ~s- ~ ~ ;S'.~ r ~ ~o- c i..r a--a-,^ ~~t fd~ _ ~'~~r~ - - ~ ~ 'l~• ~ ~ti-._ J•~ I " i i"J ~ L . ' t ~ - . . r f a ~ } ~ ~ ti 3 ± ~ r~-~'T ~T a " _ ►'f ` ~~!E~ ~ - - ~a'~ . ~ fi - • - . ~G4T DJSKtaur - + - 4 ~ ~ _ = i ~ f.17 ~ ~ i _ i m ~vY W ~"9 ~l I41 p17-T.~y~~` ~'r tl ° T~,1 ~ 5 --d J - - ~ ~ d ~..71 "`9'~'-f~ ~ : . w . . . 4 ~ rtljp ~4 , . i,1 d - - . . d ~ , j:_ ~ ~ , . . -3 ` 31 7 t, ~ J ~ ks -;t4 ~`-~'t, ' ~ -,I ' _ . ~ ~,3 ~ <,.~`t`~^ Jws~ t" $y ' ~ . ~ _ - , ~ . . _ -e ~ i ~ 1~~ ~ ~s I.••.m k ~S' .I ' _ ~ . - i"~ • 71 a y ' ~ FE ~ 1 ~ ~ ~ , _ - ' f "•t '7~~ ~ ~ Yf~] ~ - ~ I ~ "~j ~ I I ~ a . _ . - - ~ ~ = -7 r 4_~ ' , - ~ • r~ ~ } ~ ~ ~ ~ ~ ' _ ` - ~ ~ . $ ~.=a ~ f' '4 - . - F ` ~ ~ ` ~ ~ - y ~ ~ ~ ~ - ;i • I i I ~',`~s , s; _ ~,~'~3, ~ , ' I :i 77 .3 m. ' I 1 ~ . . , , ~ i - ~ - _ A e . _ s c F ntenrurandum on ,S1ornnvcrter, und Nr particular, lhat the ntaximunr deplh oJ water in a swvle for rreatment shall be s1x inches. Cvuncd again askNd jvr ratioriale jur thuse chcmges and Mr. Connelly said he wiU supplv thal as svon as possiblr. Mr. McCormick expinined that his Memorandum of September 18 deals with zoning issues as a result of the September i l pubtic hearing, and inciudes issues conceraing showrooms; vade and vocational schools, and exercise fscilitic.s. Mr. McCormick said that vado and vocationnl schools ace cumently permitted in the Garden Office zone so no change is necded; that staff r+ecommends adding exercise fncilitylgym sthletic club as a pcrmitted use in tfic Noighborhood Commercial zunc; and recommends adding showrooms to the mauix as a permitud use in the mixed use center, corridar mixeci use, office, community commereial, rcgionai commercial, and tight industrial zortes. Mr. McCormick also mentioned that Senior Planner Kuhw added a change to the showroom defviition in An attempt to marc specifically define those uses thet would fall in that catogory. Mr. Kuhta mentianed there currently exdsts s dcfinitian for "music stores" and that music stores att pecmiued as an accessory use in gardea officc, but that he is nai certnin how to classify piana salcs and would liko Cauncil commonts on that topic. Discussion ensued regarding targe musical inswments, to aIlaw thosc "showrooms as a canditioned use in off iee, or by speeial conditions, or as an aneillary or secondary use; that steff wants to mak:e sure any member of staff wauld know wbere to look in the ccxle to find thesc types of showTooms, and not merely stop with the "music store" dcFnition, and to cnsure all the countcr people iatcrprct the terms the snme. Mayor Wilhite suggested changing the dtsignation of the corridor in yuestion in arder to allow for these; pinno showrooms. Council cvnctp-red with staff to add the showroorn definltion. The subject moved to exercisc clubs in neigbborhoad cammercial districts; and the mention that therc seems tu be a trend for small athletic clubs ar exeTCise facilities locxting in ncighhorhood typc ccnters. After discussion on this topic, including how to prcvent sueh clubs from expanding, rt was council consenstts o Qdd the sho►+7oom cle/i„itio,r wtd sclredule n/ permitted uscrs, and allms, exerci.se cluhs rn »e rghlorhood eommerciaf dislrict.v. 1930 03U• Site SpcciGc Zaning MUn Amendments Discussion was hcld concerning whether "e" shoutd be left in or dcleted, and Council mentioned thnt they, remembcred that item a.s bcing dcleted. [c. Property is adjacent and contiguous to property of the same ioning classification tequested prior to the applicatiun.] Mr. Mc:Cormick mcntioned thnt the area must be contiguous or it wauld not meet the criteria for a remne. Attorncy Connetly snid we have the catrgonlo%+ dcnsiry residentisl in the camprrhensive plun and don't have specific guidelines to difTerentiate tetwecn R1, 2, or 3 in that low densiry residential, and when there is an application for a zane change, the Ilearing Examiner has no criteria upon which to bnse a denial. Some Cauncilmembers felt the "c" item should be deleted, and others felt it should remnin; there was Cottncil discussion on what cach perceived was the direction previously tafcen on this issue; and Dcpury Mayor T'aylor suggestzd griking that item. 7'here wus ultrmate Council consensus to leave "e " in wrd ta allaw corner lauches and djat udjcu ent und cantiguous 1ncludes properr►, across the street: arrd ta acld prnpertv oj the some or higher rcxring classificativn. QT'dtAAAC! OS4O3• Greemcrts AreA-rdde rezooe Uiscussion concerning the previous area-widc rrzane resulted in differing opinions of whst wcts the intent ot' that rcwne; whrther that action was constrved or perceived as temporary; would a different action revctsc that decisian or bc pcrceived as Council going "back on its word;" thnt mnny chongcs have taken placr since the adoption of the City's Comprehensive Plan; the differencr in the actual numbcr of homes between a UR 3.5 and a UR-70 zane; the number af oppottunities for public comment on this issue; the number of snss in Greenacres that are 113; and that finding 47 cannectcd with ordinance 05-003 and item "e" discussed above in site specific zoning are connecied. Mating Ivtinutcl' 09•18-07 Pugc itwf a ApProved by C'ovncil 09•25-07 C'ouncilnuntber Mwuon sceggested the shaded areu go hack to the 1 U,Uf10 .tiyuure fuot with the exrepliotr vjtJrings already gone thrvugh the re-zone process. Councilmemhers ,SchimmeLs and Golhmcmn ugreed 14luyor Wtlhite. Drputy Mvyor Taylor, and Councilrsemher.s De i?eming and Denenny disagreed; and thus the arra dues not revert back to the 10.000 sqwarz toot lut.;. C'ouneilmerntkr Muns«n thankcd Cauncil for the opportunity to re-discuss this issur-. Other tapics discussed included the I'inecraft Bu,inesr Park and that sevcral of diose issues brought up (rom Mr. Miller wiU bc addressed in the future. Mr. N'IcCormich stated thnt we need to ensure we have enougtt land zoned for those usrs; and snid he fals we have done a good job of pmviding industrinl iand; that perhaps we nccd to preserve the areas tike those auouiid Mira1?eau for higlicr-erid tvpe uses and tfiat storage probably should not be in the mix in that area_ : f1lnrne ' v Connel/y said he will brfng hack the fina! vYrsrn» olr tlrc orclrnairce with thr chrnrgr.+: and tlja: r1> reiterate, C nluuil wairts to see u ruliorlule for 1he cliungcsugnested bY lngu ,Vc1te and hY Herrr-t-: illert. 4. Advencc Azendn Mayor Wilhite mentioned planning a jaint meeiing with Council and thc Planning Commission conc:erning the city centec, and asked Council to look at their calendars, pArticulerty to see if November I would work. Mr. Mercier said that thcy sre also ttying to schedule a ptcsentation from Micharl Frocdman, and have tcntatively set Octobcr 2 ss the aate; and Mr. Kuhta mentiaaed such mcxling could Inst two to thrCC haurs depending on the number of questians. Mr. Mercicr said thnt October 30 or Novcmber l, or some other date latcr in Navember are all passibilities, but that Nuvcmbcr 2would not worlc a.s a meeting date as that is the datc of the employeE recognition dinner. Possible dates mcntioned f'ar such a mcrting with Mr. Freedman included Octobor 30, Novem6er I, or November 20. ln discussing possibfe retrcat dates, it was dctermined that February 2 conflictz with Olympia AWC Legislativc dntes, and Council agreed to schcdule the wintar retreat an Saturday Janunry 12. Other items placed on the advance agenda's tentati<<e list includcd a grnffiti ardinance, assumption of privnte raads pQIICV, and 3n animal arclinuncc to address animnl sales and veterinnrinn involvement in the liccrising, proclc.qs. 5. Infortnatian Onll• (tems: Mimal control uVxiate; :►nd_C'[P Org.~nizatinm►) mn(iel. Tlicse itcros %cerz not discussed. 6. Council Chcrk-+n Deputy Mayor Taylor rncntiuned the Naiional League of Citics Stecring Committec mceu Septemtx:r 27 through 29 at CenterPlacc, and said he also nccds volunterr van Jrivers, 7. Citv Manager Comments. Rit. Merrier had no furthcr comment5. '1'lrere heinR rto.frtrlher business. the meetJng c2djourned at 8:50 p.»,. A l't ES I : Tliana Wilhite. .N1a~or - - t-hristinr ti,►i~~hri~i~~, (-itv Clurk '.1czlin~ Mttnilr5 Ci4-Iti•(~' Pss~c 1 ~.~,i AppravcJ h-. Cuuncil 09.25.07 the UDC': lfuu sLaffwrll review the rturen/ densitv restrictions in 1he ot•er/uy fvne cmd determir,e rJrhei can rrdnred to !he exlsting underlying densities, and tRart this should fosus on zone 6 ro examine wixu nurliCUlas mitigation measures eari be pu1 in rlaCefUr lhut vverlay zone including the ideaof udding sanee kind of tide nolice. Mayor Munson called far a shon recess at 8:12 p.m. and reranvened die meeting at 8:24 p.m. 6. Legislative tters - Dave Mgrcie~ City Maaager Mcrcicr explaincd that in following the capitel budgct apprapriations, our $500,000 new Greenacres Parlc necrivod $300.000 from the House but nothing from the Scnste, and our lobbyist cantinues to work the biU thraugh the coal'erenec committee in the hope of keeping the house ailacatian, Mr. Metcier said thnt the bill reguding the municipal courts includes socne "murlcinass" in the enabling legislation es they seem to acidress the situation in terms of what court services c,an be derived and still keep their validity. ln preparation for the Washington, D.C. trip and visit with Congresswoman McMorris-Rogers. Mayor Munson mentioned that items for discussing would include (1) Bridging the Valley+, (2) the Nort1i/South Frecway and whether w-e can changc the nced modei from congcsiian to freight mobility; and (3) the TMDI, and EPA's role in impzding the progress of building our wastewater treatment plam. Councilmember Taylor added that he would like to see if Ms. McMotris-Rogets cnn make sn inquiry on our behalf to obtnin somc level of certainty so thai wc can move torward. Counciimambcr Gotfimann added that coaccrning the NorthJSouth Freeway, that pcrhaps an additional urgument could be includcd that the highway deals with economical devclopment travei from Cariada suuthward; and mention of the cantinued suppnrt af Community Devtlnpmrnt Bluck Grant (CDBG) funds. 7. UDC (Unifoim Drvefopment Code) Lot Siu - Mayor Muasva At Mayor Munsan's request, City Attorney Connclly explnineci that pursuant ta our new Ccule, tc► change ~s UDG lot size thcrc erc three diffcrent types of developmcnt code amendments: (1) site specific which this is not: (2) text change which this is not; and (3) areit-wide rezone, wfiich this wouid be. Attomey Connelly explained that sccording to SVMC (Spokane Vallcy Municipal Code) 1930.020, arca-widc rczones shal) tae "oonsidered only in conjunction with updntes to the Comprncensivc Plan texi and maps to ensure tull consideration of the cumutative effects of all changCS;" and just likc all Comprehensivr Plan changes pursuant to SVMC 17.80.140, hc said that those Comp plan amcndments and area-wide rezones may be initiatccf by the property owner vr their representeiive; any citizen; or the department [Communiry Dcvelopment], ptIInning commission or city council; and if the change is initiated by a non-app(icant, then the application shall be placed on the register of comp p(nn changcs whieh fallows the annual schedule we arc cumenQy following for comp plan changes. Mr. Connelly said that the deadline for submitting changcs is Novembcr 1, so any change to be affceted in 2009, must be submittrd prior to Novcmbcr 1 of this yrmr: and Mr. Connelly mrntioned that the approva) criteria is us set out in "H" of SVMC 17.80.140. und to pass such change, thcre must be s finding that the propased amendment bean A suhstantinl relationchip to the public heAlth, safety, welfare and protoction of the environment; that the change is consistent with GMA, and responds to a change in conditions, or correcis an obviau9 mnpping crror ar ideatifies some deficiency, and musi be consistcm with the comp plan. Mayof Munson cxptained that for tonight's dtscussion, hc would like Council to consider placing a resolution on the agenda to generete furthcr input. Atturney Cvnnelly stated thet Council can initiate an area-wide rezone by acting to place the appropriate issue on the register pursuant to aur ardinance; and Mayor Munson further explained thnt tonight's discussian could result in a resolution added to this comp plan update process. Councilmember Taylor said he is nat in favor ot proposing a chnnge. Deputy Mayor Denenny movcd thnt this subjoct be takcn off the tablc [discussion stopped]; and subsoqucnt vote praved four Cauncilmcmbers opposed and three in favor. The motion failed and discussion continued. /t was moved by Councilmember Gothmwrn and secoruled, to propose thar the administration develop u resolutrnn In rezone nurth Gnenacres in accardcmce with the previnu.r reconrnlendatirms nJthe previouv Plu»ntftK CuntntissrWt SwJy Sessian Nlecting Minutes. 3-04-08 f'Lge 5 ot 7 ApProved by Counci! 03-25-08 Commentc inclucled reterririg this hack to tht Plmining Cununission as the% defined thr arca: that the parametcrs nced to be defined; comment from Attorney Canneily that staff can attnch a map for Cuuncil euse in identifying the arca; comment from Ueputy Mayor Denenny espressing his fntstration of maddmssing this topic after working tirelessly to have it as it is, onty to change it within a few months and thnt this crcates an unwillingness from the community to work with us and thereby crcatcs an unatiainable situation, that the malter was discussed tharoughly, and he feels we will create a detrimental backlash to the community. Councilmember Drmpsey stated that this only deals with one srea, that those neighbors applied for and paid 51800 fot a rezane, just to have it taken away a Few months later, and udddd that this situation is unique. Other discussian included mcntiun of the GMA planning goals inciuding encournging multi-model housing and uffordnble housing which goals apply to this reicme; and comment concerning whether the 10,000 square foat area wns a significnnt change. JJ IY(1.5 177rwi'd f'l lU::ll1Jm1!1l.t'l)' tli'!'ic'd 1!i t'.T/l'lJcj rllL' lT7tt'11J7:! 1(i 1l /5 f'1 lfl Cewncilmrtnbr.r V1 ilhitr stute:d tliat shc druve througfi thc Greetiacres area, and she feels citizens shuuld be able to sell property or develap to highesi and best use possible; l}lAl we are not forcing anyone to givc up cwrent condiUons; Fsnd she is coneerned with 10,000 versus 7.500; and said that changing numerous times ur changing the tuea back and forth makes it difficult for the cammunity to know what to do, and she prefecs leaving the area as it is now at 7,500. Councilmember Schimmels commented that the lot size Cor him is not thc ovcrpowering argument, but rather it troubles him thst thc pcople in the Greenacrcs communiry "hounded us and we cncouragcd diem to come in with a petitivn and go thruug,h the system," and then Council turned tliat petition down afier the fact, a.nd that ho doesn't ihink Cauncil was honest with those people; and therefore he suggests moving fomard. Counc+lmember Teylor snid he disagr«d that Council Ktts being dishonest with the residents; thnt A procrss is in place and the pmcess was fullowed; and that Council cautd be perceived of sending a signal to communities that we are not consistent with devclopmeni standnrds and those stnndards cauld chnnge without substantiation; tind he suggcstcd caccrcising caution on this issue sv as nat to confuse communitics and send die wrong signnl. Councilmember Dempscy remarkod that Council's former actions were arbitrnry nnd discriminatary as they [ook away the zaning that Greenacres had in thc first placr, and Ihcit m<ikint, the chan-e hack to 10,000 would be correcting thttt actic,n Mr. Mcrcietsaid that ifCuuncil desires W movc fon%urJ, hc fccls lliis tssuc cuulcl };cncr:.iic sc%cral huurs af public camment and discussion, and that the earliest meeting to do so would bc May t";. Vote by Acclmnuliorr on the mollon ro prapose that the acfministration develap o resalurion ro re3one rhe north rreeuacres in accordancv with the pl'PV1P!!S recomniendations aJ the previmu,s Planning Commtssion: In Favor: 111qvor Alrmson, and C'otrnc!lmember,s Schinrmels, Gn1h»rcmn und Dempsey. Oppusrd Depuh,,41.{Yar Derrc•11111. uPr.f Curincrln:emhci•s Tutilt,r c:itcl fi`illrite Ahstenlinns :1'u+:e ,1lolion passed. 8. Advunce AKenda Mayor M4nson Mayar Munson mentioned that the issuc of Transportation Qenefit Uistrict will tx; upcoming as a mcans to acidress deficits for strcet mainicnancc, and if a futurc vote will be nezessacy, he suggested adding lhis issue on the advancc agenda. Mayor Munson also mentioned that he and Mayor Verner discussed this todny and sbe'II bring this same Ievel af urgency to her ciry to wark on a formula to address funds to bc raised and controlled by the individual municipalities. Mayor Munson also mentioned that this topic was previously discussed ai the Finance Committee, but that staff will need to put together cost figures and plan an a public education program. Councilmember Dempsey added that she would like to soc somc provisian made for low-income peaple to have relieF from such added expense. Mr. Mercier also mentioned that there has been some lega) research but more specifies will need to be resennched as we work with other jurisdiction5 to draft an interlocal_ hiayor Munson also mentioned the Turtle Creek Jainc 5tud~ SesSion hfcctine Nlinurc5: 3-04-08 Pace 6 of 7 Apprnvcd by Council• 03-254)8 1'age l af 1 I ~ Bainbridge - From: Sue Passrrfttte Sent: Tuesday, May 06. 2008 8;01 AFA Ta: City Courrocil, Darre Merr~er, MIke Jackscrn; Chris Bainbn'dge: Kathy McCiung; Greg Mc+Corrnfck Sutsject: FW; Let#er la City Counci9 re: rezone of North Gmertacr-es From: 44cacizookocorricast.r~ [rnailW:49cadzoak@cortieast.net] Sent. Mlanday, May 05, 2008 7:27 PM 1'o: Cit}► HalI Subjedt: I,ettaer to Gty GDuncbi re: euGne of North Greerkacres Spo~.ane Valley City ~ouncil Members= Please ELdd this letter to public testimooy N: NorLh Greenacte-s rez4ne, PIeas+e r~~torc the zoning in the Noath Crreena,eres area t.a the I0,000 squa.re foot lots that was prcviousl~~ agreed to. The majarity afresidents asked for Es repeatecil}P in the past. C4711Sidel' Lha'I dYe fe5idtill knd{)WI1eC5 SE1oLild Iia1'e some sa}• in the direction of their neighborhacads and city. Pleasr give gzeater diligence to oveY4eelI]g COnstruCt1011 p1`oject5 'C{) pT{1'LeCt the Flghts [?f the hS:ldef1t5. Do llot a1[o~v the developer to disregard the ea€istittg rcsiden3s as happenc:d on Ba~dwin at F'Iora and along Flora, where the grade cyI` the road was never blended intio the existting grades. Uneas'thed rocks a.re s9.i1l lying aloitg tht~ right of ~~-ay, and it has b -ft up to the residenLs t~ ~epair dart--kagc left bv tbe corttrsetors. Cline lartdoxNmer on Flora told me he ~,.~ed to be able tL v to the cclge of the raad, but cannot now as it is too rou~~ ~d uneven. li:esidenks on Indiana have endured rrmy watcr main bursts due to dcvelt3pers xapping into Lhe tnain and perfurming sub5taidard work 1ha4 they inspecl lhemsedves. You can chc6- with the water distiriti, but I believe il~ey have Ia+d e1ev~n brea'ltis. [litire, some with tloading to residerjces. Again, plcase restore t~~ decisinn to rone to 10,000 s~uare font 1ots to a.llsiw gt't~,.-Ah more closely matchiog the rarigina[ dtnsity, SincereZy. Aideti and [.aarol Sher-ridci 17315 F. Mvn~gOMeI-Y SjxokaneVallcy. WA 99016 (509) 922_0.608 ?/W?'0U$ CITY OF SPOKANE VALLEY Request for Councii Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent (:Jold business 0 new business ❑ public hearing ❑ information ❑ admin, report 0 pending legislation AGEPIDA ITEM TITLE: Second Reading Proposed Ordinance 08-009, Amending 2008 Budget GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our budget when we believe we will exceed our appropriations. PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2008 was adopted in October of 2007. Adjustments to the 2008 budget are needed. The Finance Committee of the city council briefly discussed these amendments at their April 11, 2008 meeting. The City Council reviewed these amendments at the April 15 and April 22, council meetings, and held a public hearing April 22, 2008. BACKGROUND: Amendments to the 2008 budget are needed to: ~ 1) recognize a state grant awarded to the city and several other Spokane County governments, in late 2007 for joint planning in 2008; 2) budget for costs rernaining from 2007 for the street master plan; 3) budget for Arterial Street capital project costs which we thought would have been spent in late 2007; 4) recognize Community Block Grants awarded for $48,612 (Sprague ADA improvements) and $196,388 (Rockwell Sewer Street Improvements); 5) budget for street capital projects including Broadway, I-90 to Park Road, Appleway, Tschirley to Hodges and Broadway, Nloore to Flora. 6) Update Appendix A, the Employee Position Classification table to correct errors in previous tables. OPTIONS: Options include amending the budget, amending the budget for some of the changes, or making no amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: A motion to adopt Ordinance 08-009. BUDGETlFINANCIAL IMPACTS: Passage of this ordinance will provide the budget authorization to move ahead with these programs and projects. STAFF CONTACT: Ken Thompson, Finance Director . DRAFT ~ CI'T'Y OF Sl'oKalvE vALLrv SPOKANE COUNTY, WASHLNGTO\i pRDINANCE NO. 08-009 A~\° OIZDINANCE OF TL-i=C CIfY OF SPQKAi\F VALI..GY, SPOKANE COUNTY WASHINCTON, ANIENDING OItUINAiNCE NO. 07-018 PASSED Jil' THE C.I.TY COUNCCL ON 4CTO.Bk:12 23, 2007, AI)OPTING A BUI)GET FOR THE l'ERIOD OF' JANilA12Y 1, 2008 THROIJGH I)LCENI_BER 31, 2008, APPROPRIATING F'UNl)S AnjD ESTABLI.SRING SALARY SCHEnl1LES gQR ESTABLISHEU POSI'C'TONS. WHERF;AS, subsequent to the adoption of the annual budget, it has become necessAry to make changes by adding new revenue, amendments, appropriations ancf transferring funds in order ta properly perfonn various City functions, services ancl activities; NN'IMREAS, the buclget changes set forth in this Ordinance could n4t have been reasonably anticipated pr known whcn the annual budget was passed by the City Council; and WHEFtEAS, chc City Council has cictermined that the best interests of the City are served by . amending the adopted buclget to reflect anticipated revenue, expenditure•s, fiind balances, and appropriating same as set forth hercin. NOW TI-LE:12EF0}tk, The City Council of the City of Spokane Valley, Washington do ~ ordain as follows: Section 1. Amended Revenues. Ordinance No. 07-0 l Et, as adopted nr amcnded; adopted the budget for the cwelve months ending December 31, 2008. Each item, revenue, appropriation, and fund is hereby amended as follows. A. General Fiind (001) of the 2008 budget is amended to provide for adclitional revenue in the amount of $150,000 from a state CTED grant and $167,000 from unappropriatcd beginning I"und balancc. B. Street Fund (101) revenues are a,nendccf co include $47,000 fi-om unappropriated beginning fund balance. C. Arterial Street Fund (102) revenues are amencled to include $850,000 in unappropriated fund balance which remains unspent from 2007. D. Cominuniey Develnpment Fund (306) revenues are amended to include $245,000 in 2008 grant funds. E. The Capital Grants Fund (307) revenue is amended by adding $4,171,000 in grants and Real Estate Excise Taxes For purpUSes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this - reference as set forth in full. Ordinancc 08-009 Amending 2008 Budget }'age I of 3 , DRAFT REVENiJES: REVENUES: FUND FUND 2008 Esi. Revenue & APAENDMENT ENDING • NUMBER NAME Fund Balances #1 REVENUES D01 GENERAL $ 41,757,400 $ 317,000 $ 42,074,400 101 STREET $ 5,875,972 $ 47,00 S 5,922,972 102 ARTERIAL ST. $ - $ 850,000 S 550,000 103 TRAILSlPATHS $ 30,000 $ - $ 30,000 105 HOTEUMOTEL $ 66$,000 $ - S 668,000 123 CIVIC FAC. REPLCMT. $ 397,000 S 397,000 204 DEBT SERVICE $ 600,000 S - $ 600,000 301 CAPfTAL PROJECTS $ 4,420,000 S - S 4,420,000 302 SPECIAI. CAP. PRJ $ 4,420,000 S - S 4,420,000 303 STREET CAP PRJ $ 7,354,023 $ - $ 7,354,023 304 MIRABEAU PT $ 454,000 $ - $ 454,000 305 STREET BOND PRJ S - $ - $ - 306 COM DEV BLK GRNT $ - $ 245,000 $ 245,000 307 CAPITAI GRANTS $ 7,176,000 $ 4,171,000 $ 11,347,000 308 BARKER BRDGE FED $ 5,862,800 $ - $ 5,862,800 309 PARKS CAPITAI PRJ $ 4,260,000 $ - $ 4,260,000 310 CIVIC FACILITIES $ 5,085,000 $ 5,085,OQ0 120 CENTERPLACE OP. $ 335,0D0 $ - $ 335,000 121 SERVICE LEV. STAB $ 5,400,000 $ $ 5,400,000 122 WINTER WEATHER $ 580,000 $ - $ 560,000 462 STORMWATER $ 3,160,000 $ - s 3,160,000 501 EQUIP REPL 8 RES S 780,000 S - S 780,000 502 RISK MGMT S 217,100 S - S 217,100 TOTALS $ 98,812,295 S 5,630,000 S 104,442,295 `l'he new total of all fund revenues and beginning luncl balances, apprapriated for the year 2008 is • $104:442,295. Section 2. hxpendicures Appropriated. To appropriate the amendments from the abnve estimated revenues and beginning unrestricted fund balances for each separate fund, the expcndihire appropriations for the period January 1 through Iaecember 31, 2008 are amended as set forth below. EXPEVDITiJRES/APPROPRIFITION S : FUND FUND ORIGINAL 2008 May 13, TOTAL NUMBER NAME BUDGET AMENDtJIENTS APPROPRIATIONS 001 GENERAL $ 32,705,058 $ 317,000 $ 33,0aa,058 101 S7REET $ 4,195,304 $ 47.000 $ 4,a4a,304 102 AFt7ERIAL ST. $ - S 854,000 $ 850.000 103 7F2AILSIPATMS $ 30.000 S - $ 30,000 105 H07EVPAOTEL s 668,000 S - $ 668,000 123 CIVIC FAC. REPLCMT S 397,000 $ 397,400 204 DEBT SERVICE 5 600,000 $ - $ 600,000 301 CAPITAL PROJ. 5 4,420,000 $ - 5 4,420,000 302 SPEC. CAP. I'RJ $ 4,420,000 $ - 5 4,420,000 303 S7REET CAP PRJ $ 7,354,023 S 7,354,023 304 MIRABEAU PT $ 454,000 $ - S 454,000 3,06 COM DEV F3LK GRNT $ - $ 245,000 $ 245,000 307 CAPITAL GRANTS $ 7,176,000 $ 4,171,000 $ 11,347,000 308 BARKER BRDGE FEp $ 5,862,800 $ - $ 5,862,800 309 PARKS CAP. PRJ $ 4,260,000 S - $ 4,260,000 310 CIV1C FACIUTIES S 5,085,000 $ - $ 5,065,000 120 CENTERPIACE OP. s 335,000 S - $ 335.000 121 SERVICE I.EV. STAB S 5,400,000 S - $ 5,400,000 122 WINTER WEATHER 5 560,000 $ - $ 560,000 402 STORMWATER $ 1,983,944 5 1,983,944 501 EQUIP REPL & RES $ 780,000 $ - $ 780,000 / 502 RISK MGMT $ 217,100 $ - 5 217,100 TOTALS $ 88,903,229 $ 5,830,000 S 92,533,229 Ordinance 0$-009 Amending 2008 Dudget Page 2 of 3 , DRA F°T ~ ?hesc amendments include budgets for a plaruiing grant for governments in Spokane County, authorizing 2008 funds for the completion of ihe street master plan with dollars rcmaining frem 2007, budgets for use of remaining Aeterial Street Fund dollars, recognizing two community develapment grant projects And three street capital projects as displayed on the attaclled Exhibit A. The total balance of all fund eapenditures appropriated for the year 2008 is $92,533,229. Section 3. I'ositions. 'I`he City of Spokane Valley's authorizecl full time equivalent positions is 91.15 with salary ranges as shoNWn on the attached appendix A. Section 4. Severability. IP any section, sentence, clause or phrase of this Ordinance should be held tA be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionalicy shall nnt affect the validity or constitutionality of any other section, sentence, clause or phrase af this Ordinance. Section 5. Effective Date. This Ordinancc shall be in full force and effeet fivc (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by khe Cih° Council of the City of Spokane Valley this _ day of , 2008. ~ A'fTEST: )tichard Munson, Mayor Christine I3ainbridge, City Clerlc APPROVCD .AS TO FORM: - Office of the City Atlorney Date of {'ublicfition: Effective Taate: Date o['Publication: Ordinance 08-009 Amending 2008 13udset F'a~e 3 of 3 Cu,^etemendment415-08 City of Spokane Valley Exhibit A Amendments to 2008 Budget May 13, 2008 REVENUE EXPENDITURE Fund INCREASE INCREASE Explanation 001 General Fund $ 150,000 CTED Grant 150,000 CTED Grant - joint planning 167,000 Beg. Fund Balance 167,000 Gen fund share street masterplan 001 Total Gen. Fund 317,000 317,000 _ 101 Street Fund $ 47,000 Beg. Fund Balance $ 47,000 Street fund master plan 102 Arterial Street Fund $ 850,000 Beg. Fund Balance $ 850,000 Street Capital Projects 306 Com. Dev. Block Grnt . $ 245,000 Corn. Dev. Blk. Grants $ 48,612 Sprague ADA Improvements $ 196,388 Rockwell Sewer St. Improvements 307 Capital Grants Fund . $ 4,171,000 REET Beg. Fund Bal. and Grants $ 3;000,000 Appleway - Tshirley to Hodges $ 430,000 Broadway - Moore to Flora $ 741,000 Broadway - 190 to Park Rd Grand Total $ 5,630,000 $ 5,630,000 - - _ . . Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE DRAFT 2008 Salary Schedule ~ Effective 1/1/2008 Amended 411412008 Grade 2008 Range Positlon Title UncEassifted Ci Mana er 21_22 $ 7,818 -11,137 De u C~ Mana er 21 7,818 -10,023 Ci Attorne 21 7,818 -10,023 Communi Development Director 21 7,818 -10,023 Finance Director 21 7,818 -10,023 Public Worics Dire~ctor 19 6,332 - 8,119 Parlcs and Recreation Director 5,700 - 7;307, Human Resources Mana er 18` - ~ g 5,700 - 7,307 Plannin Mana er 5,700-7,307 Buildin Official 5,700 - 7,307 Senior En ineer - Ca ital Projects Development De u 18 5,700 - 7,307 C' Attome 1 ~ 5,130 - 6,576 Senior En ineer - l'raffc, CIP Plannin lGrants 17 5,130 - 6,576 Accountin Manayer • 16 41616 - 5,918 Ci Clerk 16 4,616 - 5,918 En ineer 1 6 4,616 - 5,918 Senior Plans Examin2r 4,616 - 5,918 Public V1lorks Su erindendent 16 4,6'i6 - 5,918 Senior Administrative Anal st 16 4,616 - 5,918 Senior Planner 15 4,155 - 5,327 F~ssflciate Planner 4,155 - 5;327, GenterPlace Coordinator _ 15 15 4,155 - 5,327 ~ Assistant En ineer 15 4,155 - 5,327 IT S ecialis4 15 4,155 - 5,327 En ineerin Tech II 14 - 3,740 - 4,794 Human Resource Anal st 14 3,740 - 4,794 AccountanVBud et Anal st 14 3,740 - 4,794 Administrative Anal st 14 . 3,740 - 4,794 Assistant Planner 14 3,740 - 4,794 ' Buildin Ins ector II Plans 4 3,740 - 4,794 Examiner ~ 14 3,740 - 4,794 Public Information Officer 14 3,740 - 4 794 En ineerin 7echnician I ~ 4 3,740 - 4,794 Senior Permit S ecialist 3,365 - 4,794 MaintenancelConstnuction Ins ector 13-14 Recreation Coordinator 13-14 3,365 - 4,794 3,365 - 4,314 Custome~ Relations/Faciiities Coardinator 13 L , 13 3,365 - 4,314 Code Enfiorcement Officer ' ~ 3 3,365 - 4,314 Buildin Ins ector I 13 3,365 - 4,314 Plannin Technician 12_13 3,029-4,314 De u Ci Clerk 12_13 3,029 - 4,314 Senior Center Specialist 12-13 3,029 - 4,314 Human Resources Technician 2,~2g - 3,883 Administrative Assistant 11-12 11-12 2,726 - 3,883 Permit S ecialist 11-12 2,726 - 3,883 Accountin Technician 2,726 - 3,883 Maintenance Worker 11-12 10-11 2,453 - 3,495 ` Office Assistant U 10 2,453 - 3,145 - Custodian OfFce Assistant I 9-10 2,208 - 3,145 'GIS/Database Administrator Pendin Pendinq, ~ CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: May 13, 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: Proposed Resolution 08-008, Amending 2008 Transportation Improvement Program (TIP) . GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: Adopted 2008-2013 Six Year TIP on June 26, 2007, Resolution #07-008; Informational Memo on draft Amended 2008 TIP in Council's March 25, packet; Public Hearing on proposed Amended 2008 TIP on April 22, 2008. BACKGROUND: Council adopted the 2008-2013 TIP based upon information staff had at that time relative to available funds and how these funds could be utilized for transportation projects. Since the adoption of the 2008-2013 TIP staff submitted 13 grant applications to SRTC for FTA/STA funding and 2 grant applications to TI6. Funding was received for the following projects for 2008: • Broadway Avenue Reconstruction - Moore Rd. to Flora Rd. (TI B) • Bowdish/Sprague Intersection PCC (STA) ~ Because of this last winter and the toll it took on several city arterials staff is also recommending that the following federally funded project be bumped from 2009 to 2008: • Broadway Avenue Grind/Overlay - I-90 WB Ramps to Park Rd. (STP(U)) Based on this information, it is recommended that the 2008 TIP be amended to reflect the deletion of the projects that did not receive funding, include those projects that were not completed in 2007 and have been carried over to the 2008 construction year, and those projects added to the 2008 construction year. Attached is a summary of the proposed changes. A public hearing on these changes to the 2008 TIP is currently scheduled for April 22, 2008. Adoption of the Amended 2008 TIP is currently scheduled for May 13, 2008. There are sufficient capital project funds to cover these 2008 costs. However, this level of funding will reduce our capital project fund balance and impact funding of future projects. OPTIONS: 1) Adopt the proposed Amended 2008 TIP, or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 08-008, adopting the Amended 2008 TIP as presented by staff. BUDGET/FINANCIAL IMPACTS: The 2008 budget will be amended to reflect changes associated with this amended 2008 TIP. i~ ~ STAFF CONTACT: Steve M. Worley, Senior Engineer; Neil Kersten, Public Works Director ATTACHMENTS: Resolution; Proposed Amended 2008 TIP DRAFT CITY UF SPOKANIE VALLEY SPOIiANE GOiTNTY, WASHINGTUN RESOLUTION 08-008 A RF,SOLUTiON k11'[ENDING THE 2008 TRANSPORTATION IMPROVE!►tF.NT PROGRAM FOR THE CITY OF SPOKANE VALI.FY. WHE,ItEAS, the Ciry Council for Spokane Valley did adopt by Rcsolution No. 07-008 thc 2008- Zql3 Six-Yeur Transportation improvcmettt Program (11P) with such pragram acting as a guidc for the coordinated devclopment of thc City's Vnnsportation sysicm; WHEREAS. changes in ccrtain funding sourc.es and projcxt schedules hava occuncd: Wi IEREAS, the attached Amended 2008 TIP dces incorparate said changcs for ycar 2008; WHEREAS, pursuant to the 5tatz Environmcntal Policy Act, thc adoptian af thc Six-Year TIP is a non-project action which has received prvper and timely environmentnl review by the City; and WHEREAS, the amcndments to the 2008 TII' arc coosistent with Spokanc Vallry's adopted Comprehensive Plan; and W'HL•REAS, this actian coastitutcs an F►mendmcnt t4 the City's Capitel Facilities Plnn undcr its Comprehcnsivc Plan, and has bc,en scni to the Washingto4 State Dcpartment of Community Trade und Economic Ucvctapment for review pursuant to RCW 36.70A.106. hOVb' THEREFORF, be it resotved by the Ciry Council of the City of 5pakanc Vallcy, Spokane C'ount%, Wsishingtun, as follows: The Ciry Council hereby adopu the attacheci Amended 2008 T1P for the City of Spokane Vallcy fur thc purpose of guiding the design, dcvelopment and conswction of local and regional transportation improvemeats for the year 2008. The City Clcrk is directed to file thc Amended 2008 'fIP with thc Washington State Secrctary of 7'ranssportation not more than 30 days after adoption of this Resolution. The Ameaded 2008 TIP shall, at least, be annually reviewed for the purposc of detcrmining the work accomplis6cd under thc program and the City transportation requirements. Projects end timeframcs identified in the TIP are to be considcrod cstimates only that may change due to a variety of circumstances, and are not intendcd by the City to be relied upon by property owners or developers in making develapment dexisions. Adoptod thls I3'h day of May, 2008. Richard Munson, Mayor ATTEST: Christinc Rainbridge, Ciry Clerk Approved as to Form: Office of thc City Attorney Rcsolution 08-008 Amrnd'tng 2008TtP PAge I of' I City of 5pokane VaIfey DepaRment o/ Publlc Works Adopted 2008 Trarsaporfitlon Improvement Program 200$ Pnmary City Total Projad From Ta Souroe Amount Projed 3 Bsrker Roed Bridge ~ Spakane River BR S 304,000 $ 5.363.0170 6 STEP Paveback City S 900.000 $ 1.100,0oG 7 Sirset Preservation Proteds vanous►ocations Crty S 11,292,000 $ 1,292,000 8 Applewey BMd UnK4rsfty Rd Evergresn Rd STP(U) $ 64,000 S 205,000 9 Broadway Avenue Plnes (SR 27) Park Rd UAP S 187,000 $ 933,000 10 Broedway-Fancher Irttersedion PCC C Broad+nraylFancher STP(U) S 78,000 $ 581,000 12 Park Road-BN/BNSF Grade 5ep Indiana Ave Trent Ave (SR 290) Other Fed S 31,000 S 750,000 13 8th Avenue - Phase 1 Camehan Kavana STA S 110,000 $ 535,000 14 441h Ave Pathway Sands Rd Woodruft Rd STP(E) S 4.000 S 10 p00 37 BowdishlSprague Irnersectlon PCC ~ Bowdish/Sprsgue UAP $ 162.000 S 892,000 5 3.149,000 $ 11.661.000 Furr.feQ Prnjar.is City of Spokane Valley Departrnent of Pubiic Works Fraposecl Amended 2008 Transpw'tatlon Improvement Program 2008 Primary Ctry Total prpjec( From To Source Amount Projed 3 Barlcer Road Bndge @ Spokane River BR $ 300.000 $ 5,363.000 A.ppieway Avonue Re;,onstruct,on Tahiriey Nodgas STP(U) $ 673,000 S 5.770,001, FintsslMansfield Wdbur Rd Plnes Raad TPP S 320,000 S 2.786 0;-, PinesMansfisld 1-90 W6 Rarnps ~+gnsl CantrolEer Upgrade vanaus IocaUons CM/.Q S 31,600 S 258,4u! :-wplewayJSpragualDishman MiCS ITS 1-90 a Sprague Unlvcrsity Road CMAO S 47,000 $ 830,7v_ SpraguelConklin TrafflG Slgnsl ~ SQxagudConkNn nevebpers S • S 250,Ui.~o fi STEP Paveback City $ 900.Q00 S 1,100,000 Trentwo0d & G►andvehv Acres S g 157 U--0 Summerfie!d.pa*v:eil f'hUSe I Rockwell Summerfie I d Sutters Whtte Bircli 7' 5ireet Ptrzservation Projec..s various IocaUans City S 1.792.000 S 1.792.000 24th Avenue Recanstruciian Sullnran Rd 22nd Avenue D+st7meMNica GrindlOvertay Appleway Ave 18th Avenus Montgomery Ave Gnnd/Overtriy Argorsne Rd Dartmcwth RU Euctid Ava Grind/Overlay Svlllvan Rd Ftiota Rd Other Praservetion Projects vanous locations 8 App{eway Blvd University Rd Evargreen Rd STP(U) S 64.000 S 205,000 9 Broadway Avenue Safe{y Imptovemartt Plnes (SR 27) Park Rd UAP $ 187,000 $ 833,000 10 Broedway-Fancher Intersedion PCC (a Broadway/Fancher STP(U) $ 79,000 $ 581,000 11 44th Ave Pathway Sands Rd Woodruif Rd STP(E) S 4,000 $ 10,000 37 BawdlshlSprague Intersedlon PCC @ BowdisNSprague STA S 182,000 S 892,040 Broadway Aver►ue Reconsiruction 180' E oi Moore Rd Flora Rd UCP S 50.000 S 250,000 Broadway Ave RehBb I-90 WB Ramps Parfc Rd STP(U) S 110,100 S 741,200 ;prague Ave ADA Improvemertts various bcntlans along Sprague Ave COBG S 11.250 S 59,E171 $ 4,911,040 5 21,978,252 • ih, ;z rci Yreaenatwn fkotem wdl be eaiq+lnal u ssaQ and MWmg leveh d1o+. 9wlget fa 5vnet Rextrmm Pmjecu meludes SSOf).oiw continee:+.-v NPIxta md tugainwom r•--[,L•ird m!l-r T~: u•a h!.- er.ud_•^~ ertmir.e:: uu'•. L~.i nit. :na••i.e ;n n rx~r't nl _~n.mr.is~•_e: v.! ur rn! i~Arnlr.a ~I- (t, tu tx rr!r.•:u•;:. pn..t r.^,r nu:r: rt d[vtJlpR11A m" l. ~ 1~7 Prvjetrts _ . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply. ❑ conseni ❑ ald business ❑ new business ❑ public hearing ❑ information ❑ admin. report pending legislation AGENDA ITEM TITLE: Resolution 08-009: Mirabeau Parkway Speed Limit GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: As discussed at the April 29'h City Council Meeting, the Public Works Department is proposing to reduce the speed limit on Mirabeau Parkway. We propose to establish a 25 mph speed limit from approximately 300 feet south of the Centennial crosswalk to 300 feet north of the Mirabeau Meadovrs crosswalk. This will create a speed zone of ~ approximately 2000 feet in length. The speed limit will be in effect year round. The remainder of Mirabeau Parkway will stay at 35 mph RECOMMENDED ACTION OR MOTION: Approve the resolution as proposed. BUDGETIFINANCIAL IMPACTS: Some speed limit signing would be changed through the county maintenance contract. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Traffic Engineer , ATTACHIUIENTS: 1. Resolution i DRt1FT CiTY OF SPOKANE VALLEY SPOKA\tE COUNTY, VVASHINGTO\7 R-ESOLUTIO\` NU. 08-009 A ft.ESOLUTION ESTABLISHING A NEVV PARK SPEED ZQ\rE IN 7'V. F AItEAS OF NTIRARFAU 1'ARKWAY, F:ROM. 1350 1~'.EL'1' \`O1tTH OF NIANSFIELD AVFNiJF TO 1100 FEET CAST pF'' PINTCRQFT WAY; PURSUr111TT TO Sl'OKANE VALLEY NIUN1Cll'AL COllE CHAI'TER 9.05.030. b1f1-IEREAS, the City Council from time to time may change lhe spceci limit to better reflect traffic conditiqns and roadway characteristias; and Wf-iEREAS, the City Council adopted Spokane Valley Ivlunicipal Code (SVNIC) Section 9.05.030, whiah, in part; provides that the maximum specd limits for s[reets can be established b_y ordinance or resolution; and Wf-EItEAS, the City Council has authority under SVMC 9.05.030 to change speed limits, which is an exercise of pnwer of the CiCy Co protect the health, safery; and welfare of its citiicns. NOW TITT?RrrORT', be it resolvccl by Ihe City Couneil of tlle City nf Spokane• Valley; Spokane County, Washington, as follows: Section 1. \~ew Speed 'Gones: 1'he following City road sections shall be clesignated as 25 mph park speed zones: Mirabeau 1'arlcway froin 1350 feet north of Mansfield Avenue ta 1100 feet east of ~ Pinecroft VJay. . ~ Section 2. Severabi_lin~. [f an1 section, subsection, sentence or clause of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Resolution. SecYion 3. Effeetive Date. This Resolution shall be eLfeetive upon adoption. Adopted this 13'1' day of May, 2008. City of Spokane Valley Mavor Richard Munson ATT'T' ST: City Clerk, Christine Bainbridbe Approved sis to Fnrm: Office of the Ciq, Altorncy . Rcsolution 04-009 Mirabeau 1'arkway Speed %one Page I of 1 CITY OF SPOKANE VALLEY , Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business (]X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: 24th Avenue Reconstruction Project - Bid Awa rd GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTIORi 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; Informational Memo on 24Ih Avenue Project included in May 3, 2008 Council Packets. BACKGROUND: The 24th Avenue Reconstruction Project-was advertised for bids on Friday, April 25th. The scheduled bid opening date is Friday, May 9th. After opening bids and tabulating the results, staff will present results at the Tuesday, May 13 Council meeting to award ~ the contract to the lowest responsible bidder. OPTIONS: 1) Award the 24'" Avenue Reconstruction Project bid to the lowest responsible bidder or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the 24th Avenue Reconstruction Project bid to the lowest responsible bidder. BUDGET/FINANCIAL IMPACTS: Based on current project estimates and expenditures there are sufficient funds in the Street Capital Project Fund (Fund 303) to cover the estimated construction costs. This projec# is 100% City funded. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS Bid tabulations will be provided after the bid opening. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: • Item: Check all that apply: ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Children's Universal Park (CIP #0086) - Design Proposal GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: February 26, 2008, Memorandum to Council on Children's Universal Park - Consultant Selection. BACKGROUND: In accordance with Council's direction to proceed with the development of the Children's Universal Park staff issued a Request for Proposals on November 28, 2007. Four proposals were received from the following consultant teams: 1. David Evans & Associates, Spokane, WA ~ 2. EcoPlan and Design Concepts, Wenatchee, WA/Lafayette, CO 3. illloore lacofano Goltsman, Inc. (MIG), Portland, OR 4. Sherry Pratt Van Voorhis, Spokane, WA Interviews were held and staff identified the EcoPlan and Design Concepts team as the most highly qualified firm for this project. Upon completion of reference checks, staff worked with Ec4Plan and Design Concepts on the development of the attached draft scope of work and fee. . The proposal from EcoPlan/Design Concepts team is for $131,460.00. OPTIONS: Motifln based on scope of work as presented; motion based on changes to scope of work; other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to finalize and execute a contract for architectural services with EcoPlan and Design Concepts for the Children's Universal Park project. BUDGET/FINANCIAL IMPACTS: The Parks Capital Projects Fund (Fund 309) in the 2008 budget includes $800,000 which is from a Washington Legislative Direct Appropriation. STAFF CONTACT: Mike Stone, Parks and Recreation Director ATTACHMENTS: Draft Architectural Services Contract DRAFT AGRCEMENT FQR PROFESSIO\'AI, SFRViCES ~ J EcoYlan llesign/Dcsign Concepts ~ Children's Umversal Park 9t M►rabeau Point Farl. Prnject T141S AGREFTvILNT is made by and benveen the City of Spokane Valley, a code City oFthe State of Wtishington, hereinafter "City," and EcoPlan DesignlDesign Concepts herein~ter "Consultant," jointly referred to as "parties." IN CONSIDE1tATION ofthe terms and conditions contained herein the parties agree as follows: 1. . Work to Be I'erformed. The Consultant will provide al) labor, services and material to satisfactorily complete the Scope of Services iis outlined in the letter from 1"homas D. Vettee of EcoPlan Design and Carol Henry qf Design Concepts to Stcve M. Worley dated A.pril 14, 2003 (revised), a copy of which is attached and incorporatetl 3s an exhibit to this agreemen[. A. Administration. "1'he City Manager or designee shall atiministcr and be the primary contact for Consuhant. Prior to cnmmencement of work, Consultant shall coniact the City vlanager or designee to review thc Scope of VJork, sehedulc and date of completion. Upon notice from the City Manager or designee, ConSUltani Shall commenCe work, perform the requesced tasl:s in the Scope of Work, stop work And promptly cure any failure in pecformancc under this agreement. B. Representatians. The City has relied upon the qualifications of the CQnsultant in entering into [his agreement. By execution of this agreement, Consultant represents it possesses the abilily, ~ skill anci resources necessary fo perform the work and is familiar witli all current laws; rules ancl regulati0n5 which reasonably relate to the Scope of Work. 'No substitutions of agreed upon personnel shall be made without the «ritten consent of the City. Consultant shall be responsible f'or the technical accuracy of its scrvices and documents resulting therefrom, and Ciq, shall nut be responsible for discnvering deficicncies tberein. Consultaiit shall correct sueh deficiencies witliout additional compensation eYCept to the eatent such action is directly attributable to deficiencies in City furnished infomiation. C. vlodifications. The City may modify tliis agreement and order changes in the wrork whenever necessary or advisable. 'l lie Consultant .vill accept madi6cflti6iis wlien ordered in writina by che City Managcr 4r designee. Compensalion for such tnodifications or changes shal) bc a.s mutually agreed betwcen the parties. The Cor►sultant shall mail:e such revisions in the work as are necessaiy to correct errors or OI111SSIOIIS 1pp2HTlT10 g l}1CCG1[1 When requuecf to clo so by the City without additional compensation. 2. Tcrm of Contract. This agreement shall be in full foree and cffect upon eaecution and shall - remain in effect until completion of all contractual reyuircments have Ueen met. r ither party ma}' terminatc this ao •eement by ten days written noticc to the other narty. In die event of such tennination, the City shall pay the Consultant for all work previously autliorized and satisfactorily perforrned prior to the termination date. 3. Compensation. The. City agrees Co pay 1he Consultant on A time and materials basis not tn ~ eaceecl $131,460.00 as full compensatian f'or everything dane uncler this ayrcement. A vlanagement Reserve Fund oP$13,146 (10%) is also herebv established to cover addicional work that may be outside the attached ~ scope of work. Prior written authorization is required from the City before wrork utilizing the Management Agrcement for Professional 5ervices Children's Universal Park Pege 1 of 5 DRAFT Reserve rund is begun. ~ 4. Payment. "fhe Consultant shall be paid monthly upon presentation of an invoice to the City. Applications far payment shall be sent to the Cit_y Clerk at the below scated address. The City reserves the right to wiihhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scnpe of Work, City Standards; City ordinanees and federal or state sianclards. 5. \'otice.. Notice shall be given in writing as follows: TO THE ClTY: TO THE CONSULTANT: Name: Christine }3ainbridge, City Clerk Name: Thom Vetter, Principal-in-Charge Phone Number: (509)92 1 -1000 Yhone Numbcr: (509) 663-5259 Address: 11707 East Sprague Ave, Suite 106 Address: 105 Palouse Spokane Valley,WA 99206 VVenatchce, WA 98801 6. Apnlicable i,.aws and St.►ndards. The parties, in the performance of tllis agreement, agee to comply evith all applicable T'edcral, State, local laws, ordinances, and regulations. 7. Relationshin of the Partics. It is understoocl, agreed and declared that the Cnnsultant shall be an indepeiident Consultant and not the aaene or employee of the City, that the City is interested in only the results to be achieved, ancl that the right to control the particular manner, method and means in w~hich the servict;s are performed is solcly within the discretion ot'the Consultant. A.ny and all employe.es who provide services to the City Lmderthis agrecment shall be deemed cmployees solely ofthe Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employee:s under chis agree►ne.nt and any liability that may attaeh Chereto. 8. Ownership of Documents. All drawi.ngs, plans; specifiaations, ar►d other relatetl clocuments prepared by the ConsultAnt under this agrecment are arid shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or o111er applicable public record laws. 9. Records. The City or Stale Auditor or any of thcir rcpresentatives Shall have full access to and the right to examine during normal business hours all of the Consultant's records with respeet to all matters covered in this contract. Such represcntatives shall be permitted to audit; examine and malce excerpts ar transcripts from such records and to make audits af all contracts, invoices, matcrials, payrolls and record of matters covercd by this contract for a period of three years from the date final payment is made hereunder. 10. insurance. The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or tlamage to property which may arise Crom or in connection with the performancc of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consulkant's maintenance of insurance as required by the agreement shall not be construed to limit t}ie liabiliey nf the Consultant to the coverage provided by sueh insurance, or otherwise limit the Citys recaurse to any remedy available at law or in equity. Agreeatient Ror Profcssional SciviCes Cliildren's Univcrsal Park Page 2 of 5 1) ftAC'T A. Minimtjm Scope of lnsurance. Consultant shail obtain insurance of the types described below: . 1. Automabile I.iabrliry insurance eovering all owned, non-owmeef, hired and leasecl vehicles. Coverage sliall be written on Insurance Seivices QfFicc (TSO) form CA 00 Ol or a subslirute fnrm providing equivalent liability coverage. If necessary, the policy shall be cndorsed to provide contractual liability coverage. 2. Commercial Cenera! Licrbility insurance shall be written on ISp occurrence f'orm CG 00 Ol ancl shall caver liability arising from premises, operations, independent contractors and personal injury ajid ad-vertising injury. 1'he City sliall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work perfornied for the. City. 3. Workers' Compensulivn coverabe as required by the Ittclustrial lnsurance laws of the State of Washington. 4. f'rofes.sional l iability insumnce appropeiate to the Consultant's profession. B. Minimum Amounts of [nsurance. Consultant shitll maintain the following insurnnce . limits: 1. At.ttomobile I tabiliry insurance with a minimum combinecl single limit for botlily injury ai1d propeily damage of S1,000,000 per accident. 2. Comnrercia! Generul I.,iability insurance shall be writlen with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. J'rqfessianul Liubili4, insurance sliall be written with limiLs no less than $1,000;000 per claim and $1,000,000 policy aggregate limit. C. Qther I.nsurance Provisiais. The insuranee policies are to contain, or be endorsed to ' contain, thc followin;; provisions for Automobile Liability, Professional Liability and Commercial Gencral I,iability insttrance: 1. The Consultsnc's insurance coverage sliall be primary insurance as respcet the City. Any instirance, self-insurance, or insurance pool coverage maintained by the City sliall be excess of the Consultlnt's insurancc and shall not contribute with it. 2. Cancellatioo of ConsultanYs insurance shall be governed by either: a. the policy sliall be endorsed to state that caveragc shall not be cancelled by either party, except aftcr thirty darys prior written notice by certified mail, return re.ceipt requested, has been given to thc City, or b. the Consultant sliall providc al least 30 days prior written notice Uy eereifed mail, return receipt requesteci ofa cailcellation. i' ~ Agrccment for ProCessional ServicR:s Children's Universal Park Page 3 of 5 DRAFT D. Acceptabi lity of Insurers. Insurance is to be placed with insurers with a current A.M. ' Besl ra/ing of npt less than A:VII. - E. Eviclence of Covera„e. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to t11e City at the time the Consultant returns the signed contract. fhe certiFcate shall speciFy all of the parties who are additional insiireds, and will include applicable policy endorsements, and dhe dcduction or retention level. Tnsuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The CoasLiltant shall be finajlcially responsible for all per[inent decluctibles, self-insured retcntions, andlor self- insurance. 11. Indemnif ication and Hold I-larmless. The Consultant shall defend, indemnify and hold the City, its offieers, officials, emplo_yees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney tiees, arising out of or in connection with the performance of this agreement; except for injurie.s and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent necli~ence of tlie Consultant and the City, its offcers, ot~icials, employees, and volunteers, the Consultant's liability hereunder shall be anly to the extent afthe Consultant's negligence. It is further specifeally and expressly understqpd that the indemnification provided herein constitutes the CansultanYs waiver of immunity under industrial liisurFUnce., Title 51_ RCW, solely for the purposes of this indemnification. `l'his waiver has been mutually negotiated by the parties. T`he provisions of this section shall survive the expiration or termination of the agreement. ; 12. Waivcr. Nlo officer, emplnyee, agent or olher individual acting on behalf of either party has the power, right or autharity to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any Atlier subsequent breach or nonperfonnance. All remedies afforded in this agreement or by law, sliall be taken and construed as cumulative, and in addition to every olher remedy provided herein or by law. Pailure of either party to enforce at any time any of che provisions ofthis aarcement or to require at any timc peri'ormance by the other plrty of any provision he_reof shall in no way be construed to be a waiver of such provisious nor shall it affect kfie validity of this agreement or any part thercof: 13. Assignment and ]aeleLlrution. Nci[her party shall assign, transfer or delegate any orall ofthe responsibilities of this agreement or the benefits received hereunder without first oUtaining the written consent of the other party. 14. Subcontr3cts. Except as othenvise provided herein, the Consultant shall not enter into subcontraets for any of the work contemplated uncjer this agreement without obtaining prior written approval of the City. 15. Canficlentialitv. Consultant may, from time to time, receive information which is cieemed by the City to be confidentiaL Consultant shall not disclose such information without tlie express written consent of the City or upon order of a Court of compeYent jurisdiction. 16. Jurisdiction and Venuc. This agreement is entered into in Spokane County, Vti'ashington. Venue shall be in Spokanc County, State of VVashington. Aerecmcnt far Profcssiontil Services Children's Universal Park Pagc 4 of 5 DitAFT ~ 17. Cost and Attornev'S Fees. 1n the event a lawsuit is brought with respect tp this agreement, the prevailing party shal l be awarded its costs mid attorney's fees in the amount to be deterntined by the Court as rca.sonable. Unless provided othenwise by slal:ute, Consultant's attorney fecs qayable by the City shall iiot exceed the total sum amount paid under this agreement. 1$. Entire Agrecmcnx. This wTitten agreement constitutes the entire and complele agreement between the parties and supersedes any prior ora) or writicn aD Eemenis. This agreement may not be changed, modified or altered except in writing si ;ned hy the parties hereto. 19. Anti-kickback. No officer or employee of the City, having the power or duty to perf'orm an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted ar granled a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Husiness Repistration. Prior to co►nmencement of work ander tliis agreement; Consultant shall resister wilh the City as a business. ' 21. Severability. If any section, sentence; clause or phrase of dlis agreement should be held to be invalid for any reason by a court of competent jurisdiecion, such invaliclily shall no1 aTect the validi[y ofany ather section, sentence; clause nr phrase oP this agreement. 22. E.hibits. Exhibits atYached and incorporated into this agreement arc: ~ 1. Scope of Services 2. Insurance Cerlificates CN' W]"I. iNTSS WT-TREOT=; the parties have executed this agreement this day of .2008. CITY OT' SPOKAN'E VALLEY: Consultant: . David Mercier, City Manager I'ound'uig Principal Tax ID No. ATTEST: A1'1'ROVED AS "I"O FOR~~1: Christine I3ainbridge, City Clerk Officc of the City A.ttorney i' ` Agrcement fnr Profcssione] Services Chilclren's Universal F'ark Page 5 vf 5 _3 DE S'I'G NO N C: ER T S _Ceramunhy enA Leudunpa Artbliitu- % April 14, 200$ (revised) . .,A Steve M. Wprley, P.E. Senior Engineer - Capital Impraveinent Program • . , Public `Vorks 11707 Last Spraeue Avenue ~;•'R~S;,~J - Suite 106 ~ . ~ Spokane Valley, Washington; 99206 ' 211 Nortn Pubiic Rd. Rc: Children's Universal Fark at Mirabeau Point Park suice 200 Lafayette, CO 80026 " tsl. 303.664.5301 DCHT StEVG: fau 303.684.5313 Wc are pleased to submit oiir proposal for Landscapc tlrchitcctural serviees for conceptual design through construction document sErvices fAr the Chilciren's Universal T?ark in Spnkane Valley. Our design team for this project will include '['hom Vetter, Prineipal-in-Charge EcoPlan Taesign, Carol Henry, Project Principal and Trish K.urni.k, Project Manager, Design ConGepts. Other Consultants on this project include Michacl Hanscn;l'hysical Therapist BiosporLs. Additional consultants will be detailed for your review and approval with our 1°ee proposal. Basic Services VJe will provide the follm,%ing services: TASk l: Proiect Kick-Off and Information Gatheri.og • Kick-off Meetina wixh City sta, .ff - Scope and budget discussion, preliminary scheduling, identify agencies and stakehalders involved as listed in the RFF; and odiers. Discuss developing final purpose and mission statement for Cluldren's Universal Park. • Data Collection - Obtain and review lhe malerials available, a.s oullined in the RFP including thc previous Design 17cvclopmcnt documcnt. Determine need for additional uiformation. • Site Visit - Inventory, analysis, photos, ancl ciocumentation. • Progress Upcia/es with Client - As needed; via phone, email, fax •EcoPlan/Design Concepts' team coordination meetings and correspondence. Froducts: o Base map o Site analysis 0 o Vleeting notes o Survey `I ask 2: T.xititiniz llesign ncvclonment Review and EvaluaNnn • Review Design Uevelopinent Plan per current needs and standards. • Re-EValuate plan bascd upon current park conditions and iuput from slaff and stakeholdcrs. Proclucts: o Brief vvritten DD review and analysis Task 3: Stakeholder's h7cetinp, #1 • Faailitate Stal:cholders Meeting #1 with identified stakeholcier's group (parks and recreation staff, maintenancc staff, Guild School; local school districts, Shriner's Hospital, Harvard Park Children's Centcr, sports medicine groups, Ronald McDonald House Charities, Senior Center/CenterPlace, YIvICA, Children's Home Society, St. Luke's, Fa.slern 1~~Iashington Center for Deaf and Hard of Flearing, Greg Bever and Diana Willute). The goal of'this meeiing is to inform, listen and generatc input, and to create an understanditig of the stakeholder's physical and program neecls. 'fherc may be a series of ineetings with interested groups over a 2-day periocl. • Design teaili will assist in dcvclopuig invitations to the meetings. City to provide addresses and mail Ayers. • Image boarcls will be used to achieve a better understanding of the groups' preferences. ~ Pr«ducts: o Mecting invitations o Imagc boards o i'ark site plan, existing cpnditions only o Meeting notes Task 4: Stakeholdcr•'s Meetiniz #2 • Facilitate Stal:eholders Ivleetuig #2 ~N7ilh identificd stakeholder's grnup (as indicated in `1'ask 3). Prepare 3 bubblc diagram layouts of the thrce pot.ential sites (if City and design team agr.ce thac all 3 are viable). • Review concepts with stakeholders to abcain comments on locations and rpugh layouts. 1'roducts: 0 3 bubble diagi'ams o Yark site plan xvith site analysis o vlccting notes "C'ask 5: Concept Plans e Peepare 3 conceptual design altematives based on input from Taslcs 2 thru 4. The plans will ineorporatc the identifed project goals and prngram elements with graphic presentation drawings to support the plalis and project vision. a Cancepts to include imagery boards shoNvuig materials anti elements to begin clefuiuig park character and thcming. • PrePare preliminary cost eslimates for cach plan. 0 R_eview mecting witil Cily staff to discuss dcsigns. • Progress Updates with Client -As needed, via phone, email, fax. ' • Feol'lan/Iaesign Concepts' team coordination meetings and correspondence. . Tnvestigate criteria Por potential awards For inclusion in design dccisions. 1'roducts: 0 3 preliminary plans sent in time for insertinD into Council information packet 0 3 cost estirnates o Meeting notes o List of potential awards criteria Task 6: Public vleeting #1 • Facilitate Public Meeting #1 Nvith stakeholder's group and gcneral public. The goal of this meeting is to inform, listen and generate input, and to creatc consensus towards a final plan. The public meeting will be open house fomiat witli the foUowing items presented and discussed: o Present previous plan and sketches. o Issues, opportunities anci constraints for develapmcnt of the park. • I'resent 3 preliminary design alternatives to the sfakeholders, general public and special interest groups. Thc purpose is to gather comments on the plans witb the ultimate goal of crealing one acccptable plan. • Present imagery boards to further dcfine ChildrEn's Universal Par.k eharacter and thcmuig. • Present preliminary plans to City Council, along with Previous public input. • 1'rogress Updates widi Client - As needed, via phonc; email, fax. • EcoPlan/Design Concepts' team coordination meetings and correspondence. Products oPublic mceting displays - plans and image boards o Comment form fnr public p Me8fing tlotes TaSk 7• Final Design Develc►nment Plan and Presentations .$ascd upon the preferred anci approved concept, one final plan will be prepared and rendered. t11so included will be presentation-level graphics with sketches, perspectives, clevations, visioning imagery and Preliminary details. • Prcpare final cost estimate with phasing recommendations, if necessary. • Present plan to City Cotuicil. • Progress Updates with Client - As needcd; via phone; email, fax. •EcoPlan/Design Concepts' team coordination meetings and correspondence. Prnducts: o rinal Design Dcvelopmcnt Plan o Prelinuiiary details o Prescntation graphics o Cost estimate Task 8: Construction llocuments • Prepare nwo submittals (50% and 95%) construction documents based on input from approvcd 1 Dcsigii Taevelopment plan. The plan Nvill incorporate the idcntified project goals and prograrn elements with graphic presentation dra~%ings to suppvrt the plans and project vision. • Submittals,"zll be preparcd adherinD to City standards. • Obtain Front End Documcnts from City for inclusion in subnuttals. • Update cost estunate. • Review meeting with City staff to discuss each submittal. • Progress Updates with Client - As needed, via phone, email, Fax. • Taesign Concepts' leam coord'uiation meetings and correspondence. Prt►ducts: o Existine Conditions and ]7emolition Flan o Site Plan o Grading and llrainage Plan o LayDUt Plan o I'lan Enlargemcnts o Sitc 17etails o Landscape Plan o Irrigation Plan o Inigation Dctails ~ o Product T ist and Cut Sheets ' o Specifications ~ o UpdatEd Cost Estimate o RReeting notes o Hard copies (4 half size scts) of above documents T.»k 9: Final liid Packape • Preparc /Revise. Final IIid I7ocuments per City comments fi-om 95% set. Set to include plans listcd above, and including: - iJpdatc Final Cost Estimate - l'repare `fcchnical Specifcacions; including $id Forin • Subiliit to City for reproduction and disiribution to conlraclors. Products: o See Task 8 above o E.lectrouic copy of bid sct Task 10: Biciding • Attend Pre-]3id Meeting. • Address Contractor's queslions. • Prepare Aclclenda, as needed. • Evaluate bid results. ~ Products: o Addenda o Bid tabulation form o Pre-bid meeting minutes I Task 11: Construction Administration . • tlttend construction observation meetings as requested by City (8 are included in proposal, additional meelings will be provided at our normal hotuly ratcs) with follow-up docu.mentation. City staff to providc day-to-day observatian. • Review submittals, shop draNvings and RFIs. • Review contractor's requcsts for payments. • tlttcnd Nvalk-through and gcnerate Punch List itzrns. Subconsultants Civil Engineering ~vill be Provideci bY Torrencc I ~ I Ln , ineering> 5930 Sunburst Lane> Suite 13 Cashmere, WA 98815. Pees will include gradine rEView of plans by FcoF'lan/Design Concepts, utilit}, connectinns for restroom and drainage report. ' Electrical Fngineering will be providecl by %Eingineering; One Sth Sueet, Suite 310, Wenatchce,WA 98801. Services will include design for site lighi ing (parking and pedestrian) and running service to the restroom. . Structural Fngineering will be provicled by Pacific Engineering, 200 South Columbia Strect, Suite 300; Wenatchee, WA 98801. Services will include structural engineering for retaining walls, spccialized design fealures and stnicture footings. They will providc 4 site visits to inspect the work. . tAny additional site visits will bc billed at 5935.00 per trip. ' Surveying will be provided by NW Gcodimensions, 15 Ndrtll Chelan Street; Wenatchee, VJA 98801. Survey will includc selected area for Children's Universal Park. aiid conneclian path from Mirabeau SpruiES to Mirabeau Meadows. Therapeutic Consulting wi11 be provided by 13iosports, 18 North Worthen Steeet, Wenatchee, WA 913801. $io5ports will provide eaPertise in providing the most effective therapeutic exereise opportuivties possible to our custom Plav opponLuuties. Climbing wall design will be provided by Monolithic Sculptures, lnc. The Boulder-based company will desigii a cusCom clirnbing wall f.or the project. Thev will also instaU the wdll for an additional lump suin fee. if'the design team determines lhat thcre will not be a climbing wall, this fcc may be omitted. Fees: FcoPlan llesign and Design Concepts 1'reliminary Taesign and Public Meetings $ 23,43Q.00 ' Constrvction DocumenLs S 38,935.00 Bidding S 2,840.00 . , Construction Observation $ 16,370.00 . Reimbursable Expcnses $ 9,500.00 Total EcoPlan Design and J)esign Concepts $ 91,075.00 ~ Subconsultants Civil Engineering $ 10,000.00 Structural Lngineering $ 8,740.00 Electrical L°"ngineering $ 53000.00 Biosports $ 900.00 Surveying (Playground Site) $ 6.830.00 Surveying (Mcadows Trail Connection) $ 3,775.00 Monolit~uc Sculphires, Inc. $ 5,140.00 Total Subconsultant Fees $ 40,385.00 Total All Fees $131,460.00 Fcot'lan Design anci Desi;n Concepts ~vill providc substantial support as sile planners and Landscape A.rchitects for tlus site. We are e:cperieuced educational and munieipal facilit~y designers witli a successful record of consensus building. We look fonvard to bcing a part Af lhis project. Sincerely, Thomas D. Vetter, RLA Carol Henry, Found'uig Principal Principal o~ EcoPlan Design Desigil Concepts i : CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 13, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Information memo regarding electronic billboards GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: City Staff have recently been approached by sign companies interested in ~ replacing existing billboards with electronic billboards. The sign regulations have requirements . . for replacing billboards but electronic billboards are not prohibited. This may result in existing billboards being replaced with electronic billboards. OPTIONS: If this issue is of concern to the Council, it can be added to potential code amendments. RECOMMENDED ACTION OR MOTION: This memo is for information only. If the Council would like to see a change in the sign regulations, this item can be added to the list of potential code amendments. BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Kathy McClung, Community Development Director ATTAC H M E NTS l SCpol~ane ~ 49;00 Valleym 11707 E Sprague Ave Suite 106 ♦ Spokane Valley YJA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: City Manager Dave Mercier and Members of Council From: Morgan Koudelka, Senior Administrative Analyst Date: May 13, 2008 Re: Animal Control Items T'his memorandum providcs an update on animal control and protection scrvices ui the City oi' Spokane Valley and region-wicle. License Fces ~ The Spokane County Board of County Commissioners adoptecl new pet license fees effeetive Jaiiuary l, 2008. These f:ees also apply tn the City of Spokane Valley, as our animal contrnl contract Fuid Cbapter 730 of our municipal code require that our regLilations are ideniical to the County's. Changes in Pet License Fees Effective January 1, 2008 Old Fee New Fee Cat - Neutered'Spayed $ 8 $ 15 Cat - Nonneutered/Nons a ed $ 18 S 25 Dog - NeuteredlS a ed $ 13 $ 20 Dog - NonneuteredfNonspayed $ 28 $ 40 - Senior discount of $5 on licenses for spayecUneutcred pets. -$20 penalty for failurc to titliely lic;ense pets or reneNu license. The following table shows the City's estimated contract costs for 2007 and 2008 as calculated by the Cotuity. The revenue in 2008 is ba.sed upon the new rales with the same number of total licenses issued as in 2007. / Animal Control Update May 13. 2008 Page 2 of 3 Effect Upon Estimated City Animal Control Costs 2007 2008 Ex enses $ 595,119 $ 624,181 Revenues $ (214,199) $ (291,342) Net Animal Control Cost $ 380,920 $ 332,839 Reporting Etequireinents County SC1ZAPS is utilizing a memorancium of understanding that was signecl b>> the loeal veterinarian association indicating that lhey will wark lo promote pet licensing in their Facilities. Breeder Registration No changcs havc been made regarding tlle registration of breeders or pet stores. Prohibited Sales As of January 1; 2008, sales of animals are prohibiteci upon unauthorir~ed public prnperty and , • upon private propcrty open to the public such as parking lots and sidewalks, and empt), lots. _ Regicmal Plan The Cicy of Spokane City Council approved au uiterlocal agreement with Spokane County to begin contYacting for animal control services in 2010. Spokane will pay for all expansion costs. - Due to economies of scale and sharing the cost of eaisting supervisory staff, our contract costs are expected to be furlhcr reduced. TFIe expansion will require conversion to the sewer system and that cost Nvill be shared among all contracting cities. Spokane recently changed the license fees to the following amounts. Changes in City of Spokane Pet License Fees Old Fee New Fee Cat - Neutered'S a ed $ 8 $ 15 Cat - NonneuteredlNons a ed $ 25 $ 25 Dog - Neutered/S a ed $ 13 $ 25 Dog - NonneuteredlNonspayed $ 50 $ 50 Pubfrc Warks Departmerat apital fmprovemer~t Program C S&Ruane Wi ley 4y 11707 E Sprague Ave 5uite 105 ♦ 5pokane Vafley WA 99206 509_921_1000 * Fax: 509.92 1,1008 0 cityhalE@sp❑kanevalley.org lnformat'ional Memo To: David Mercrer, Mike Jackson, City Council Nlembers Frarn: Steve Worley, S en iar Engineer - Ca pital Projects - Ket7 Knutson, Project Manager Date: May fi, 2008 Re: Barker Ro2d 6ridge (90003) -Cansultant Constructivn Management Ser►+ices CI-I2M ITiLL has been the C;ity'~i en~ineering snd etiviromnent~►1 cansultant for t1~e dcsign ofthe 13arker Road Bridge Projvct, As we move into the canstruction phase slaff is recotnmeixdi)ig an amendmen# to 0-I2M HTLUs contract €or Construc#ion Managemcnt Seivices, ~ Be,cause oFthe complexity o:f this project a1ong with federa1 f.unds bei1}g Lo;ed tv pay for it, management during conskruction that rneets ajl federal requirenients xequj re-s #1ie assi stalice of a consultauit. Costs I:or lhI s additivnal consultan# work are 6igible far fied(-,ral grauat reimbursemen#. Attzcl7ed is a drsft scope of waik for wnslruction managem~nt services pravided by CH2lvi 1-ITT L_ This draft scope is still awoa-k in progress_ For cxamp I c the scope still needs to u)clude additional scrvices such as materials test3ng, and cYLltural resources monitoruig as requircd. Thcse items will be described i-nore detail as CH2'N1 HILL receives input from their slibconsultants. Tht City is curr.e13 lly in tlnc proce ss of direc#jy hiTiiig a bridge inspector I'or t]iis i project. 'T`hti-e:fore, daily inspection scrviccs will nat be ii-icluded in this additional I wark with CF2 M HiLL, i - i 'fhe costs outlu,ed in tl1is draft propasal for construction rnanagement services are preliminary and will be refined in the coming wecks as #hc scopc of wark becames :finalize.d. 1'ypically const-uckioi7 pianagement services fDr projects of this si7-e and coniplexily cost approxima#e1y 10°lo to 15 % ofthe canstruaion casts. We expecl bids for con-struction ui ti-ie raa,ge o-f $7'9 mil] ivn to $ 10.2 million. Please let us knaiv if you have quesh ons. . I _ ~ FXHIBIT B2 Scope of Workfor - Barker Road Bridge Replacement Project Construction Management, Office Engineering Services, and . Resident Inspection City of Spokane Valley, Washington FHWA Project No. BRM 4123(004) May 2008 1.0 GENERAL The purpose of this Scope af Work is to establ.ish the specific scope of CFi2M HII..1:.'s professional engulcering services and compensation fqr Conshruchion Management (CM-), Qffice Enguleering Services, and Construckivn lnspeclian Services for the Barker Road Bridge Replacement project. The City of Spokane Valley (Spakane Valley) may make or approve changes w=ithin the • general scope of this agreement IE such changes affect CH2M I-IILL's cost of, or time required for, perf.orinance Qf the services, an equitable adjushnent will be made through an ameneiment io this agreeme.nt. CH2M HII,L will notify Spokane Valley in writing of the occurrence of a change and an esiiniate of the cnst impact. Spakane Valley will praviae rvritten approval of c:hange. A 10 percent cantingEncy fund has been established for m.inor changes to the Scope of Work. Usc of the contingency fund requires wr.i.tten authorizakion 6•om Spokane Valley. CH2M 1 IT1..L tivill provide Construction ivlanagemealt Services, Off.ice Engineering Services, and Conshruction 11ZSpcction Services, as defined below. These services are i.ntended to assisl Spokane Valley to adnunister the contracr For construc:tqon, monitor the performance of tlle construction Contrac:ror ("Conl-ractor''), verif), that the CQntractor's work is in substantial compliancz with the const-ruction Conteacfi UQCUments, and assist Spokane Valley in responding to evenrs that occue duruzg the construction. These seivices are based upon the understanding that Spokane Valley ~vil.l contract direetly with the Contractor and will be actively i.nvolved 'u1 the construction process to make decisions, provide approvals, and perform other aetiotis necessary for the complEtion of the canstruction. ThESe servicEs are also based upon Spokane Valley executing a contract far canstruCtion with the Contracl•or that providcs the requisite authoriry for CH2M HILL to fulEill its responsibilities. CH2M HILL's services are based upon the work described in the Apri12008 cpniract for const-ruction prepared by CI:I2M I IILL and a 400 working day schedule or duration of construction ant-icipated at the time that thpse services are agrEed. Deviatians from the andcipated construction activihies, schedu]e, oe duration af construction will mateeially SP}CVA HAFKER R4AD BRIDGE SOY! 042971000.DOC 1 QF 9 18E201.01.8R EXW*li 82 ! 1, affect the scopC of l•hese services and CH2M HIX.L's campensadon Eor the services, and will rEqui.re an adjusfiment to CH2M. H1LL's compensation. CH2M H1LL will. not perform services bcyond the agreed to c4niraet scope without written autharization from. 5pokane Val.ley. The level of effort to perform the wrork described is generally based on a shandard. five day work week and standard eight-hour ivorkday, bu.t allows for occasional work Ueyond the eight-hour day or into aweekend. T'lte services listed below will be provided in accardance with applicabl.e guidelines from the most current versions of the LVSDOT Construct7on Manual a.nd the NTSDOT 1.,ocal Agency Guidel'u1es (I..f1G) Nianual. The presence or duti.es of CH2M HILL's personnel at a constructian si.te, whcthe-r as onsite representatives ar okhenvise, do not make GH2M HIL.L or CH2M HIi [..'s personnel in any 4vay respansible for 1:hosc dut`ies that belong tv 5pokane Valley and/or the contractors ar ather entities, and do not relieve the contractors or any other entity of thei.r obligations, duties, and rESponsibilikies, including, but not limited to, 1ll construcdan methods, means, l-echniques, sequ.ences, and procedu.res necessaxy for coordinating and completi.ng all partions of the constnictian cvork in acc:ordance with the constntction Conh•act DocunlEnts and any health or safEty precautions xequuctl by such eonsrructian work. As the Constnicti.on Manaber on this project, CH2M HILT 's project authority shall be as prescribed in Secl-ion 1-05.2 of the Washulgton Slale Standara SpecificatYOi-Ls for Road, Briclge, and Municipal Construckion, 2008. CT-12M HILL has no authority- to exercise any ~ control ovcr others' healt:h artcl safely Uirt will notify a-Efecl•ed pcrson,nel of any sil•e condiLions pasing an im.minent danger to thGm Wluch C:H2M HILL observes. The prESence af CH'2M HILL,'s persorulel at a consl-ruction sit'e is far the purpose of reater cie •ree of con(idence thah the campleled construction Providing to Spokane Valley a g~ wrork will corfo.rm generally ta the constructi.on Conkracl• Documents and that the ult-egriiy pf the de.sign concept as reElecteei in the construction Contract Dacuments has been implemented and preserved by the contractor(s). CI-I2M HCL,L neikher guarantees the performancc of the contractor(s) nor assumes responsibility for conkractor's failure t4 perform cvc,rk in accardance Nvith the constructiAn Contract Documents. 2.0 CONSTRUCTION MANAGEMENT SERVICES 2.1 Establish Document Management System CI-I2&1 HILL, will establ.ish a sysieni ar1d set of proceclures for managing, tracking lnti storing all relevant dacuments beltivecn the Contractor, CH2N1 1-III..L and Spokane Val.le}' produced during the Construction and. Closeout phases of the project. C1-12M HILL will utilize an appropriatc campul-er Uased documenl managemenl• system seleclecl by CH2M I-11:[.L. CI-12M I-IILL. will, u1 coordinatian with Spokane Valley, mainhain hard c:opy records, stutably organizECl, of all relevant dacumenlation. CH27\+I Hl:f i.. will also implement procedu.res for the lvg&g and h-acking of all rElevant corresponclence anci docunicnts. CH2M I-ff L1d will assist Spakane Valley u1 monitoring all outstantling decisions, approvals or responses required frUm 5pokane Valley. SPW'Cld 6ARKER ROAO BRIDGE SOW 0428200a.DOC 20F9 M07A11R EX198fT 82 2.2 Conduct Pre-Construction Conference ~ CI-I2M HILL will cnarciulate and attend one prc-construcrion conference with the Contractar to review the projech convnunication, coordinarion and other procedures a.nd . tiiscuss the Cantractor's general workplan and rEquirements for the project. CHn4 H]LL will takc, nunutcs and may othenvise recard the results of this conEerence. 2.3 Conduct Project Site Meetings CH2M HILL tiTill conduct weekly meetings with the Contractor and will prepare the minutes Qf these meetings. 2,4 General CM Support CH2M HIL'L will providE services in eoo.rclinating the site activides, adm.i.nistering the . contract for construction, monihoring the Contractor's perfarmance, responciing to design ar►d technical siibmittals, and closing out the eontract far construcbon. The following services are uleluded as part of this task: 2.4.1 Progress Payments CH2A7 HTLL will prepare Contractor pay requESts, including appropriate dactunentation of force account and bid item documentation via paynotes. CH2M HILL will use the WSDOT Constructian A2anual and WSDOT Local AgenCy Guidelines (LAG) Manual in the preparation of the Conlractor's pay request. CH2V1 H:Ci..L will advise Spokane Vzlley as to tlle sYatus of the total anlounts requested, paid, ancl remaining to be paid under the terms nf the construckion Contract Documents. Recammendation,s by CH2N[ HILL ta Spokane Valley for payment will be based upon CH2M HILL's nleasuxements, calculations and/or otlter information as requued by the nleasurzment and paymc-nt sections of l-he construction Contrach Documcnts and the applicable WSDOT Manuals. Such recom.m.endations do not represent that the CantYactor has complet•ed the wark in exact accordance with the conhracl For construetion; that CI-12M HIT L has made an exam.inakian to ascertain haw or f.or what purpose the Conlractar has used the mone3rs paid; that title to any pf the work, materials or equipment has passed to Spakanc Valley free and clear of liens, claims, securi.ry interests, nr encumbranc:PS. 2.4.2 Field lnsfructions and Orders CH2y1 I-IILL -,vill issue field instructions, orders or similar d4cuments during cnnstruction as provided i,n the contract for canstruction. 2.4.3 Correspondence and Communications CH2M HILL will implemenl and maintain regular cam.munications ti=ith the Conlractor cluring the eonstruction, CH2M HILL will receive and Iqg all communications from the Contractor and will coordinate the communications betcveen Spokane Valley a.na Contractor. GH2M HIi..L will not prdvide direction directly to the Contractor's subcontractors. CH2M MILL titill prepare w-ritten cammluzications to the Conlractor and provide recommendations tn Spokane Valley for written conmmunications bEtween Spokane Valley and Contractor. SFFUCi11 E,ARY,ER ROAD kIRIDGE SO'N 0:29200MOC 3 OF 9 163201.61.814 EXIC8IT @2 ~ 2.4.4 Minor Variations in the Work CH21N4 I III.,T_ may authorize mulor variations in the wor.k cvhich do not involve an adjustment in the Contractor's contract price nor time for construction and are nat i.nconsistent with the intent of the construction Contract Docunnents. 2.4.5 Traffic Control CI-I21\9 H1:LI., will review Contractar-prcpared. traf£ic conl7ol plans, and will make reco.mmendations to Spokarle Vallcy regarding the acceplability of the Contractor's plans. 2.4.6 EnvironmentallAgency Permits CH2M HILL will rcview, and assist in enforculg requ.ireincnts stipulated in Spokane Valley's pern-dts issuetl by regularory and environinenta.l agencies. 2.4.7 Coordinate Issuance of Changes CH2M.1411, . L ca*iU receivc and review the Contracror's response to the request far c:hange and urill Qbtani such fiirther informakio.n as is neczssary to evaluate the basis ' for the Conhractor's proposal. CI-I2A2 HILL ~vill assist Spoka.ne Valley with negotiaHons of the proposal and, upan appraval by 5pokane Valley, prepare final change order documents for execuhion by Spokane Valley and Contractar. 2.4.8 Review of Contractor's Requested Changes CH2M HILL will review const•ruction contract changes. CH2M HILL will make ~ xecommendations to Spokane Valley regaxding the acceptability of the Contractor's request and, upan approval of Spokane Valley, assisfi Spokane Valley in negotiations of the requEStcd change. Upon agreement and approval, CH214 HILL will prepare fuial change orcler documenl•s. "I he Uudget assunles up ta _ change orders rvill be preparetl lhat j•vill include specifications and a sum total af _ plan shcets. 2.4.9 Change Order Reports Cl-12M H:I:L,T., will provide periodic reports to Spokar►c Valle}' about the status of Change Orcters. 1'he report wi11 include issued Changc Ordc.rs, pendulg chw-ige orders, and challge order a.utounts. 2.4.10 Claims and Disputes CH2'M H.ILL ivill receive, log, and notify Spokale Valley about all letters and notices hom the Conl'ractor concEnling clauns or clisputc.s betvveen the Contractor and Spokane Valley pErtaining to the acceptability of the work or the i.nl•erpretatYOn of the requirements af the contract for construction. C.H2M HILI, wi11 review all such letters and notices and will discuss thetn with the ContraCtor as necessary to understand eac.h su.ch clairn or dispute. CH2M HILL wil] advise Spokane Valley regarding the Contractor's coinpliailce with the cAnh•act requirements fvr such Claims and disputes. CI42M 1-IILL will assist Spokane Val.ley in discussi.ons wi.th the Contractor to resolve c]aiins and disputes. CH:2'N1 HiT..L will not issuc dFeisions on Contrarror claims or disputes. CH21Vi HILL rvill not, except as pa.rt of Addidonal Services, undertake comprehensive and f^~'detaileci investigaHon or analysis of Conlractor's cla_iins and disputes, nor participare in ju.dicial or alternative dispute resaluHon proccdures for the claims ar SPI4Ch1 sARKQERRQADERIDGE SO'A' 04292008.DOC 4 OF 9 18820i.0i.8R EXHIEdT 92 disputes. CH2M HIlL will use the WSDOT Construcdon Manual and Lf1G iN4anual in the resoluhian of claims ancl disputes. 2.4.11 Contractor's Schedule Submittal CH2M HILL wi,ll review the Contractor's construction schedule and verify that it is cnnsistent with the requuements of the contract for construction. CH2M HILL will advise the Cantractor of any areas where the schedule is not in complianee with the contract f.ar Construction. CH21\4 HT[..I.a will provide camm.ents to 5pokane Valley to assist Spokane Valley in approving•, accepting or taking other act7on on the contractor s schedule, i.n accordance with the contract for construction. CH2M HILL's review and comments shall noY be consid.erecl as a guarantee or - conEirnzation that the Contractor will camplete the work in accordance with the contfact for consi-ruction. 2.4.12 Contractor's Schedule Updates CI-I2M H1LL,,tiill review the Cont7actor s periaclic schcdule updates or other schedule submissions. CII2n9 HII.:L will advise the Contractor i.f the updates.ar other submi,ssians are not in accordance with the contract far constTuction. CH23v1 HILL will provide cominents t4 Spokane Valley rega.rding the updates or ot$er submissions. CI-I2M }-11.LC ti-ill monitor the Contraelor's prog-ress on a weekly basis and report arty signiEicant Lhanges to the project's avai.lable float and/or the project's critical path. . 2.4.13 Effect of Change Orders CI I2NI H[]dl:, Nvill reviEw informatio.n submitted by the Contractor regarding the effect of propased or issued Change Orders upan the eonstruction schedule, ditration and complction date. CH2M HILL will advise Spokane Valley as to the potential impact of proposed or issued Change Orders. CI-I2N1 HILL will assist Spokane Valley in discussions rvith khe Conlractor conceini.ng the potential iinpact of prnpost*cl or issued Change Ordcrs. 2.5 Final Inspection / Closeout 1 Warranty CI12M H1LL will assist Spokane Valley in issui.ng dac:uinents for suUstantial completion .u1d acceptancP of the worlc. C1-I2Vi HTLL will advise Spokane Va1.12y on pa}rment, m1d par.tial release of retenNon. CH2M HILL will assist Spokane Valley in issuulg documeni;s for final completion and acceptance af khe wnrk. CH2M HILL will. advise 5pokane Vallep on final paymenh, releasc of retention, and release of insura.nce and b4nds. CH2M HILL wil] provide to Spokane Valley an organized set Af project documents and recvrds. CI-I2A1 H:ILL is nat responsible for any unautharized reuse or alteration of project documents. 3.0 OFFICE ENGINEERING SERVICES 3.1 Engineering Design Support , CH2A2 I-Il1.,T, wi11 providc written resp4nses to the Contracl•or's request far interpretat7on or clarification of the contract documents. CH2M HILL will review shop drativings, samples, ~ and submittals for conEormance vvith the design cancept and compliance wiF1i the - - SFS4G1, BARKER RQA.O BRIDGE SO'A' 04292008.00C 5 OF 9 18E201A1.BR EXHIBfT B2 requirements of the plans and spcci.EicatiAns for constr•uction. CHNN4 I-II1..1r will also require the Contractor to suUmit these a.tems as required by the construckion contract, the LAG lvianual and the Canstruckion Nianual. CH2M I-I1LIa will coorciinate u.p to six (6) visits ta thE site by seleeted design team members ta review"progress and qualily of the work. The visits wi.ll observe the general quality of the work at thc time of the visit and review any specif7c it•ems of work that are brought to the attention of the design team members by the Construction Managcr. 3.2 Submittals ln accordance Nvith the Construction Manual and the LAG Mar►ual, as well as khe WSDOT- genErated Record of lvfatErials (ROM), and subsequent adtlitions made to khe ROM by CH2M HILL, CH2M HTLL will coarcii.nate tiTith tl,e design tcam far the reviews of the Cnntractor's shop drawi.ngs, samples, and other submiltals. CH2M HILL will lag anci krack shop drawings, sam.ples, and subinittals. CH`2M HILL's revieiv of shop drawings, samples, and Submittals will be for conEormance with the dcsign conceph a1d compliance with the requi.reinents of the contract for constrliction. Such review shal.l not relieve the Contractor fi•om its responsibility for perfornlance i.n accordance with the contract for construction, nar is such review a guarantee khat the work cnvered by tY►e shop dra~-vings, samplES, and submili:als is Erez of errors, inconsisteiicies, or omissions. CH2M HiLL wil.l provide comments fio Spokane Valley in approving, accepiing, or taking other acti.on on the shap dra%•vings, samples, and ~ submittrils as appropriate. CH'?M HTLL's scapc assumes a maxinzutn of two submissions by the Conhractor for each shop draiti-ulg, sanlple, or subm.ission. Should thc, average numher of reviews exceed tti>>o revieivs per subnvttal CH2M HILL w-ill Ue entitlcd to add.i.t7onal Compensation. 3.3 Requests for Information CH2M H[LL will revi.ew khe Contractoes requests far informakion (CZHO or clariEicatian of khe plans and specifications f.o.r conshruction. CHZM I IILL will caordi.nate such re<<iew with the design team ai1d ivith Spokane Va.lley as apprppriate. CH2NI HILL will coardinate and issue responses t•o khe RF1s. Cl-i2M 1-IILL will log and track the Cnntractor's RFIs. CH2i~4 HILL will assist Spokane Valley in reviewing and responciing to the Contractor s requests for subsMlution of materi.als and equipment. CH2M H1LL -vvill review such requests and wi.ll advise Spaka.ne Valley as to the acceptability of such subskiivkions. 3.4 Record Drawings CH2M HILL %vill revise the nriginal design drawings to reflect available record infprmatian provided b3t the Contraetor, inspector's repArts, or survey data. One reproducible set and three hard copies will Ue submittecl to Spokane Valley. Copies of E1ECtronic AutoCAD files will alsA be submil-ted. CH2M HILL is not responsible for the accurac}' or completeness of as-built drawing ar siu-vey information prnvided by the Cantractor or other entities. . i3920LQi.~.3 SPIUGII E4RXER ROAU ORIOGE SO'N 442a2a00.DOC 60F9 E)QiE-fT 82 4.0 RESIDENT INSPECTION 4.1 Resident Inspection CH2M Hll,.l:. will conduct dai.ly on-site inspections of the Cantractor's work Eor the purposes of determini.n}y if thc work confarms to the contract far construc:tion and that the int•egrity of the design conccpt as reflected in the contract far construcYion has been implemented a.nd preserved by the ContTactqr. CH2Iv1 I-IILL will supervise field inspection staff, who wil.l prepare written Inspec:tor Dail_y Reports (IDR's), and other records af their Abservations, which will be provi.ded to Spok.-ule VallEy. CH2iV1 HILL's inspecdan staff will arrange for monthly phatographs of the work in progress by the Contractor, which wil.l be provided ta Spokane Valley. Photographs wi.l.l be labeled when necessary to iclentify local-ion of wnrk. CH2M I-IILL's observations and inspection of thE tirork is not an exhaustive observation or inspection of all work performed by the Contractor. CH2M HT[..L does not guarantee the . performanee of the Contractor. CH2Iv1 HILL's observahions shall not relieve the ContractOr ' from responsibilit}, for perForming the work in accordance with thc contract for construction, and CJ-I2A1 HIL:L shall not assume liaUility in any respeet for hhe constructian of the project. CH2M FfILL will, with the assist-ance of Spakane Valley, Abtain written plans &om the Contractor for quality conhol of its work, 811C1 will monitor the Cpnh•actor's compliaiice with its plan. CH2M 1-iILUs Resident Inspection will include the following: 4.1.1 Deficient and Non-conforming Work Shauld CH2M HILL cliscover or believe that -,u-iy rvork by the Contractor is not in accordance tirihh the cantract for c:ansiz-tiction, ar is okhertivise defective, or nut conforming l•o requiremenls of lhe conh•act or applieabl.e rules and rEgulations, CH2M H1:L[.. will bring this t•o lhe ahtention of the Contractor and Spokane Val1ey. CH2VI H1LL will thereupon monitor the Contraetor's correcdve actions and ivill advise Spokane Valley as to the acceptabil.ity of the corrective actions. 4.1.2 Performance and Witness Testing CH2NI HILL wi11 alfiend and witness field a.nd factory performancz tests as specified in the cantract fQr construcHon and CH2M HILL's cantxact scope. 4.1.3 Regalatory and Third Party Testing and Inspections CT-T2M H1LL will monitor the ContractUr's coordinahion of inspection and heshulg by regulatory and thitd party agencies that have jurisdicHon over the project. 4.1.4 Subsurface and Physical Conditions Nthenever the Contractor notifies CH21vi HTL.T.. or Spokane Valley of differing subsurface or physical conditions at the site, CHZM H-ML will advise 5pokane Valley as to the appropriate action(s), and wi11 assist Spokane Valley in responding l•o the Contract•or. IE additional borings or other subsurface testing is requirecl to invesl•igate the . subsurface or physical conditivns then such additianal investigaation sball be considc.red. an Additional Service. " SPNCIA BtRKB4 ROAD ER1DC£ SO'N 042920000C 7 Or 9 138201.01.BR ExMeir ea ~ 4.9.5 Substantial and Final Completion . CH21v1 HTLL will assist Spokane Valley with inspections at substantial and final completion, in accordance with the eontract for construction. CI-I2M HILL will prepare up ta rivo (2) separate punch lists of items requiring cAmpletian or c:orrection by Contractor. CH2M HILL tivill make recommendations ta Spakane Valley rcgardi.ng acceptance of the work based upon the rESUlts of the final ulspection. 4.2 Material Testing and Special Inspection CH2JN4 HTLL. will, either lhrough its own person.nel or through thc Emplay of an inciependent firm, perform vr cause to be performed material tcsting or speciaJty i.nspecrion requ.i.red by the cbnstruCkion contYact,,the LAG Manual ancl the Conshnietian Manual. CI IZM H:1I:C.. will review the reports and other inEormalion prepared by the inciepenaent firms. CH2M HILL will coordinate the testing frms' schedu.les and the transmittal of their rcports, fi.ndings or ather information t4 tlie Contractor and/or Spokane Valley. jTlzis tnsk rlescrrptiorr iuill, be e,r~niirleci to list ~iriticiVated,testii~g anci ~ecinl irtspectiott ze)ork.J 4.3 Technical Field Inspection - Structures Cl-I2M H_lLLwill provide tech.nical specialists to provide i.nspection of the eontractor swork , specifica].I.y related to the brid.ge struclure and rerainulg wal.ls for this projcct. 4.4 Surveying ~ CI-I2N1 I-tll,ld will provide fizl.d surneying to Establish and verify survey cnntrol points shown to be pi'ovided Uy Spokane Valley in the construckion Contract Documcnts. CI-I2M I IILI, will also provicle adclit-ional surveying to dclineate the righl-of-ivay boundarics or ol•her elements of the p.roject, as inay Uc requested. by Spokarle Valley. Stuve}Ting u.nder lhis taslc daes not i.nclude work to layout the briclge and retaining wa]1 structures or roadway and uti.l.i.ky work. iNor does this task i.ncluded licensed stuvcying to dactunent the location of ar reset zxisting monumeilts. The Conlractnr will be rrsponsib].e fnr all survey'ing necessar), to layout the bridge zmel retaining wall structures, roadw3y and utility elements, and for establishing and resettulg monuments in accordanCe with the cpnstruetion Conh•act Dor.umenis. The budgct assumes up to 3 days of survey crew and office lime neeclcd to perform surveyulg tuleler L•his task. 4.5 Cultural Resources Monitoring . ;CH2&,1 H1LLs~ill; ~ 5.0 PROJECT MANAGEMENT & COORDINATION CH2Ivf f-IiLL will provide overall project management and coordination with Spokane Valley. A total t7m.e of 24 inanths is assumed to be the ditration for this work. Project management services ir►clude: • Project instruclions and work plan • Sta(f and subconsiiltant manageinent ' • Quality minagement plan • Contr'ol buclget and sched«le SPK(CM BARiCER ROAD BR1DGf SOW 0429200E100C 8 OF 9 16Q61.{Y1.9R O(FCBIT 62 • Monthly progress reports and invoices (7'he prog`ress reporfi/invoice will identify the , work performed for that period, m.ajor deeisions, schedule, and budget status. • Rouffitc cammu.nication and coorciuk-ition with Spokane Va11ey. ' 6.0 ADDITIONAL SERVICES The Following sErvices wil.l be provided by CH2M HILL upon written authorization of Spokane Valley and agreement on compeitisation to CI I2M I-IILL. An amendment to the cpntract will 5crve as cvriYlzn auhhorization. • Services related to development of Spvkane Valley's project financing and/or budget. • Serviccs related to disput•es over pre-quzlification, bid protests, bid rejection and re- bidding of the contract for constructinn. • Services related to provision of Spokane Valley Eurnished equipment, niaterials, and supplies. • Services necessary duc to the default of the Contractor. • Services related to damages caused b}' fire, Flood, earthquake or other acts of God. • Services related ta Spokane Valley's operat7on and use Qf the completed project other than as spcciEically provided in the above scope of work. • Serviccs rel.atied ho warranty clauns, Enforcement and inspection. • Preparation for and servulg as a witness in connechon wikh a.ny publ.i.c or private hcaring or other forum related ta the praject. • Services to suppo.rt, prepare, dpcument, bru1g, dcfencl, or assist in litigation undertakcn ar defended by Spokane Valley. • I'erform misccllaneous am-1 supplentenfial services related to thE projEct as . requcsted by Spokane Valley. 5f'~'~(:A1 EAR7(ER RQAD BRIDGE SOW 04292CO8.00C 9 OF 9 1682001.8R