2008, 04-22 Regular Meeting '
:~GENllA
SI'Oti:~11~T V:'iLLrY Cl'fY COUNCIL
RI!;GULJIR 11TET(NG
Council Mceting # 136
Tucgday, april 22, 2008 6:00 P.m.
SPakanr Valley City flall Council Chambcrs
11707 E Spragae Avenne
C'uunci! Reyuesls Plcrrre Siltnc•e Yvur Cel! Phanrs Dur1nR Couirrl! Mtcting
CALL TO Uf2llER:
iNVOCATiON: Futher John Steincr. St. M:sry•'s Cattiolic C'hurch
PLF.DGE UF AI.I.FGIA.NCF:
ItU[J. ('ALI.:
AI'PRnVAL UF AGFNDA:
IN'fRQDIfCTiUN ()FSPEC'[AL GLIE.ST!i AND PRF.SEN1'ATT()ti5:
CO11"D4[iTiEFr IIOAitD. LIAIROti SUM111AItY ltEPOR7S:
MAYOR'S RF~'OI2T:
PI►I3I.1C ('n'1fMF1Yi'S; This is un uppmunity far ttx public: tk► sprnk un any subjcct nat on the ugenda
fur at:tion. Whan you ci-ime to the r.xdium, plex-~e ~tilc ytsur namc and ncldre:,r, tior thc record and limit
remntks to thtee tninutrs.
1. PL113L[C HFARING: Prop.,scA Amendrd 2008 Transpartation lmpravement Prograrn (1111) SIC%C
Worley
2. PUBLIC iTEARING: Proposed Amended 2008 Rudget - Kcn "17iompsan
3. C'ONSENT AGENDA: Gonsists of itcttu unasidercd ruutine which arc approvtd as a group. A
C,ouncifinembrr mny remcwe nn item ftvm thc C'oiutiit Agenda to bc considcred sepantciy,
a. Approval of following clnim vc+uchcrs:
list datud 4/912408, bcb*iiining w/04125. cnding w/N.l-Z2755. totsl emount ti 1.881.768. l?
b. Pnyrall Cor Puy Pcriod E:nding March 31, 2008: S303,298.85
c. Approvul af Pnyrull for Fav Prrial i:nding April 15. 2(YQ8: $220,453.74
c!. Approval of N1intfts of April 8, Z008 C uncil Rc,~ular M~rting
e. APprovnl of't3arker Road F3ridgc DI~s~.~mcnt Ageemcnt
t. Approval af Splashdowr Six-month l.casc and Goncession Akrccmcnt
s:. Authoti•rnlion to staff to ncgotiatc w-ith Splashdnwn awners for a possibjr long_ierm (cnse ruid
cancession $grermeul.
tVFW (3[ItiINESS:
4. First Rcading Proposed Ordinnnca 08•008 Starmwater smd Surfacc Watcr Utilities - Cary Driskcll
ipublk cammcnt)
S. E=irst Rrading Pmposcd Or+dinancc 08-009 Atncndina 2008 I3udget KrnThOmPs„n
(puhlic comment)
('rpumril :\L,.cr.da Pa::c 1 u£Z
G_ Motion Cunsideraiion: Spokane '1'rrinsit :1utharity (57'A) Elallot Issuc [)olitreratiucvDeci,Siun -
Mike lacksan [nn pubiic commcntJ
MationConsideratian: hitcr<<pcrahilit% Ballot l~~!ie: f~►~lil~~rati~~n'Ik~i~;~~~n - ~l~~,e J,trk;.~n
(na publie commeal]
8. Motion C~.~cisidcrutian: City Ucnt-cr !'ropcrtti• Lriter o1 lntent anncll~ 1public roinrurnti
9. MotianConsidcr;ition: i'on-irnunit\ k:- licrri~iri;= iwwrfoc:i) :1:~rL:_•i3lt:nt Ur+-•.l.cll
(public cnmment)
YC'I3I.[C CUINMINIENTS Tltis i-; an opPornmit}, tOr thc puhli:: ti, s}x.a: un an}' subjrct not uq IFic agcnda
for aciinn. When yau come tii thc fxxliiim, jflca;e stute %our nuiite ;ind addtis-~ fi7r thc rccord anti limit
rrmsrics tci thrcc minutr.s.
ADMLti[S'fRATIYE ItENOR"fS:
It). Lustumrr Scrvicc [mprovrment I'lIIIlS•'Ttrill( PfUcCi=, i; c+± Johll I itt. n:tic
Mtutin
11. Animul C.ontml Oydinance Discus,;sion -Cary Drisl,cll
t:tiFUltMATIUti Qti'Ll':
12. SjxikIIZleTtunsit Authoril~, Cuopcratwc I-unkiink! 1'rkIj«t tipr:3gtir R: f3rmilitili titc,.e\VnrlcN
13. r.atrarv Qulirterty ttepon
14. Dcpartmtnt Rcports
15_ Spekanc Vnllqy Firz; Dcpaztmcnt Jnrautry-March 2008 Qiu►rttriy Rcport
All,T()I iRNNiF.INT
FZ.'7Z.TRF. SC'flf'DUl.E
Regular Council.SleclinXs are generrr!!y freld 1m1 curJ 44 Tucsduyx, hexinning al 6:00 p.nL
C'ouncil Sludy Se.csiair.c are genernlly held 1", anJ 3th Tuesdati•s, bcginnixg nt 6: lNl p.nt.
- - - - - _
Nt ;1 R.'!: in :i•. Pi.uiirI ng lu uctcutl thc uuL:A:i~. ".h" :cy;., irc :.E,eiia! : •^i,,t:in;: t,-, ~c~ -~mrn+~~.`atc ~~h,,i:::!, I-~c.ini;~. t, otttcr ~
tmpurmrnt+, picssr cnm:itt ttts C'ity C.lcrk at (S(4) 421- I lNri i,L~ :u,In m ro~sNr 13 ll:al ~.tr :n,~ctnrnt•. m:y'. hr m:Id:.
''.Ecrfir,r i'.1 i, r 2
CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing
❑ information ❑ admin. report ❑ pending legislation .
AGENDA ITEM TITLE: Public Hearing: Proposed Amended 2008 Transportation
Improvement Program (TIP) .
GOVERNING LEGISLATION: RCW 35.77.010,
I 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. .
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 TIB. Funding was received for the following
projects for 2008: ' • Broadway Avenue Reconstruction - Moore Rd. to Flora Rd. (TIB),
• 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. (5TP(U))
Based on this information, it is recommended that the 2008 TIP be amended to reflect the
deletion of the projec#s that did not receive funding, include those projects that were not
completed in 2007 and have been camed 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 balanae and impact funding of future projects.
OPTtONS: 1) Recommend moving forvvard w'rth a resolution to adopt the proposed Amended
. 2008 TIP, or 2) provide additional direction to staff based on Public Hearing comments.
RECOMMENDED ACTION OR MOTION: Consensus to move forward with a resolution
adopting fhe proposed Amended 2008 TIP based on comments from tonight's Public Hearing
BUDGET/FINANCIAL IMPACTS: The 2008 budget will be amended to reflect changes
associated with this proposed Amended 2008 TIP. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director,
~
ATTACHMENTS, Draft Amended 2008 T1P .
Cfty ot 3pokane Valley
Daparhnant o( Pubflc Works
Adopted 2D08 Transportation Improvement Program
?3i18
nmary city otal
Projecf From To Souroe Amount Project
3 8arker Road Bridge ~ Spokane River BR S 300,000 $ 5,383,000
6 STEP Pavesack City $ 900.000 S 1,11010,000
7 StreBt Preservetbn ProjeCis various bcaUons CKy S 1 292.000 5 1,292,000
8 App{away Bhrd Universtty Rd Evergreen Rd STP(U) S 64.000 S 20.5,000
9 BroadweyAvenue Pinas (SR 27) Park Rd UAP S 787,000 S 933,000
10 Broadway-Fancher Intersectian PCC C Broadwayt'Fanchef STP(U) $ 79.000 S 581,000
12 Park Road-BTVBNSF Grade Sep Indtena Ave Tren! Ava (SR 290) Other Fed $ 31,000 $ 750,000
13 Bth Avenue - Phaae 1 Camahan Havana STA 3 110.000 $ 535,000
14 44th Ave PB+.hway Sands Rd Woodruft Rd S i P(E) S 4.000 S 10.000
37 6nwdishfSprague InEersertion PCC Q BawdistVSpragup UAP S 182,000 $ 892,000
5 3,149,000 S 11,681.000
Funam Fr~:e:s
Clty Of Spokane Vailey
De¢artmeM of Publit Worics
i'r ;p,)st:ci ~.~?,er~•~e~ 2008 Tranaportation Improvement Program
2G08
nmary iry atal
Prqect From To Source Amount Projed
~ 3 3arker Raad Btfdge @ Spokane Rnrer BR $ 300,000 5 5.363.000
ApC,:away Avenue Retonstruci3on Tsr.irley ho'ages STPrL,; S 673,000 5 5.770,000
"ires/Manstkld Wiibur Rd Pines Rtiad TPP 5 320,i1CiU S 2,786.040
PEnea/Mansfieb I-90 WB Ramps
,l3rta1 Cantroller Upgrade varbus bcations CMAo $ 34,600 $ 258,4W
-,pp{eway/5prague/Dishman Mica ITS 1-90 C 5pragua Untveralty Raad CMAQ $ 47,000 ; 830,7W
=,praguelConkHn Traftic Signal ~ Saragua/Cankll►i DeveFnpers S - S 250.000
6 S TEP Paveback Cityr S 900.000 $ 1,100.000
i rentwuod 3 Grandvetw f+ue s 5 !^7 090 S ' r, 7 04;.:
Summefield/Rodcwell Phase I
RoCcvven
Surnmerfiptd
S uttsrs
White Blrch
r Street PrEServa;K,n Projecis various locations City 5 1.792.000 S 1792 p00
24ih Avenua Recanbtn,ctian Sulitven Rd 22nC Avenue
Dishman-Mica GrindlOverfay Appleway Ave lfitn Avenue
Montgomery Ave Grlnd/Qvertay Argonne Rd Dartmouth Rd
EucNd Ave GrindlOverlay SufUvan Rd Fbta Rd
Other Preservatfon Projects various locations
8 Appieway Bh►d UnhrersHy Rd EverQreen Rd STP(U) $ 64,000 S 205,000
9 &oadway Avenua Safety ImprovemeM Pines (SR 27) Park Rd UAP S 187,000 S 933,000
10 Broadway-Fancher Intersectbn PCC @ 8roadway/Fancter STP(U) S 79,000 S 581.000
14 44ih Ave Pathway Sands Rd WooQruff Rd STP(E) S 4,Q00 S 10,000
37 Bvwdjsti/Sprague Intarsedfon PCC a BvwdisRlSprayue STA 5 182.000 S 992,000
Broadway Avenue Reconiln,ction 1 BO' E oi Moore Rd Flera Rd UCP S 50,000 $ 250,040
3roadwey Ave Rehab I-90 WB Rampe Par►c Rd STP(U) $ 110,100 S 741,200
Sprague Ave ADA Irtprovoments various locations alonp Sprague Ava CDBG S 11.250 S 59,862
S 4,811,040 $ 21,979,252
• The Sve:.t F'rewtvaBOa ?tvjaa will be narnPimed ssStad and !ur►iing levrln a11ox Etixlget for SL•est Prt9ervation Pici7aa mcluds fim?.U00 conungenm
i'n,fem md tme$~mn ailliminfie,d m t6e [:1' er w ba :.ma3az a11nan Luils 4.i[ irun chuice duc w at•vi.r of =-••,•-~MD~n ax! Wc nd wiaded M iho '-m W be ltieC iryun try prc.pcn o.~.w Jc.d.xcs
.ri:ian dcrel<rpnan de~:ucmi
~.JJCJ _ . . . ' _ .
CITY OF SPOKANE VALLEY
1 Request for Council Action .
~
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing _
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : PUBUC HEARING: Proposed Amended 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 2006 budget are needed. The Finance Committee of the city council
briefly discussed these am'endments at theirApril 11, 2008 meeting
BACKGROUND: Amendments to the 2008 budget are needed to:
1) recognize a state grant awardeti to the city and several other Spokane County govemments,
in late 2007 for joint planning;
~ 2) budget for costs remaining 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
Rockwell Sewer Street Improvements ($195,410); and
5) budget for street capital projec#s including Broadway, I-90 to Park Road, and Appleway -
Tschirley to Hodges.
OPTIONS: RECOMMENDED ACTION OR MOTION: Hold hearing as planned
BUDGET/FINANCIAL IMPACTS: Passage of an ordinance will provide the budget
authorization to move ahead wfth these programs and projects. STAFF CONTACT: Ken Thompson, Finance Director
~ . .
%
budgei amenctmenc a-tiy-ua C ity of S p o ka n e Va I ley
Exhibit A
Amendments to 2008 Budget
April 22, 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 $ 800,000 Beg. Fund Balance
$ 800,000 Street Capital Projects
306 Com. Dev. Block Gmt
$ 245,000 Com. Dev. Blk. Grants
$ 48,612 Sprague ADA Improvements -
$ 196,388 Rockwell Sewer St. Improvements '
307 Capital Grants Fund
3,741,000 REET Beg. Fund Bal. and Grants
. $ 3,000,000 Appleway - Tshiriey to Hodges
- $ 741,000 Broadway - 190 to Park Rd
Grand Total $ 5,150,000 5,150,000
Spokane - ,,;oOVaIIey 11707 E Sprague Ave Suite 106 ♦ SpokanQ Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ~ cityhall@spokanevalley.org
M-emorandum. To: City Council; Dave Mercier, City Manager
From: Nllike Jackson, Deputy City Manager A i(V
Date: April 15, 2008
Re: Amendments to Appendix A, 2008 BudgEt (Employee Classification SchEdule)
. Attached please find a draft Amended Employee Rosition Classifcation Schedule for your
consideration. I`he following "housekeepinb" changes have been made to the Schedule:
1. The Human Resources Manager at Grade 18 was added. Thzs pflsition was formally
approved by City Council following adoption of t}ie 2008 budget. The City is ac;tively
. recruiting for this position. - 2. Re-inserting the position of CenterPlace Coordinator at grade 15. This is to correct a previous error that removed this positipn from the schEdule. The City is not actively
. recruiting for thi_s position but it was intended that it remain in the classification
schedule.
3. Revise the CenterPlace Customer Relations/Facil.ities Cooxdinator f.rom grade 15 to
Gradc 13. This position was approved by City Council and filled at grade 13 but was
• incorrectly printed in the sebedule at grade 15.
~ i
Appendix A
EMPLOYEE POSITION CLASSIFICATION
MONTHLY SALARY SCHEDULE DRAFT
2008 Salary Schedule
Effective 11112008
~ Amended 4J14/2008
J Position Title Grade 2008 Range
Ci Mana er Unclassified
De u Ci Mana er 21-22 S 7,818- 11,137
Ci Attome 21 7,818 - 10,023
Communi Develo ment Director 21 7,818 -10,023
Finance Director • 21 7,818 -10,023
Public Works Director 21 7,818 -10,023
Parks and Recreation Director 19 6,332 - 8,119
Human Resources Mana er 18 5,700 - 7,307
Plannin Mana er 18 5,700 - 7,307
Buildin Official 18 5,700 - 7,307
Senior En ineer - Ca ital Projects, Develo ment 18 5,700 - 7,307
De u Ci Attome 18 5,700 - 7,307
Senior En ineer - Traffic, CIP Plannin 1Grants 17 5,130 - 6,576
Accountin Mana er 17 5,130 - 6,576
Ci Clerk 16 4,616 - 5,918
En ineer 16 4,616 - 5,918
Senior Plans Examiner 16 4,616 - 5,918
Public Works Su erindendent 16 4,616 - 5,918
Senior Administrative Ana st 16 4,616 - 5,918
Senior Planner 16 4,616 - 5,918
Associate Planner 15 4,155 - 5,327
CenterPlace Goordinator 15 4,155 - 5;327
Assistant En ineer 15 4,155 - 5,327
~ IT S ecialist • 15 4,155 - 5,327
En ineerin Tech II 15 4,155 - 5,327
Human Resource Anai st 14 3,740 - 4,794
Accountant/Bud 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 14 3,740 - 4,794
Plans Examiner 14 3,740 - 4,754
Public Information Offiaer 14 3,740 - 4,794
En ineerin Technician I 14 3,740 - 4,754
Senior Permit S ecialist 14 3,740 - 4,794
Maintenance/Construction Inspector 13-14 3,365 - 4,794
Recreation Coordinator 13-14 3,365 - 4,794
Customer Relations/Facilities Coordinator 13 3,365 - 4,314
Code Enforcement Officer 13 3,365 - 4,314
Buildin Ins ector I 13 3,365 - 4,314
Plannin Technician 13 3,365 - 4,314
De u Ci Clerk 12-13 3,029 - 4,314 '
Senior Center S ecialist 12-13 3,029 - 4,314
Human Resources Technician 12-13 3,029 - 4,314
Administrative Assistant 11-12 2,726 - 3,883
Permit S ecialist 11-12 2,726 - 3,883
Acaountin Technician 11-12 2,726 - 3,683
Maintenanoe Woiicer 11-12 2,726 - 3,883
Office Assistant II 10-11 2,453 - 3,495
Custodian 10 2,453 - 3,145
Office Assistant I 9-10 2,208 - 3,145
'GIS/Database Administrator Pendin Pendin
P:WF21CompensatloMEmployee Posifion Classi5cation
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 04-22 U8 City Manager Sign-off: .
Item: Check all that apply: ~ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM T1TLE: Approval of the Following Vouchers:
VOUCHER T..IST DA`l'E VOUC~~R #s TOTAI.. VOUCHER AMOUNT
' 04/09/2008 Be 'nnin w/414125, endinp w/14275 $1;883,768.13
~
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers as listed above.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Lisa Combs, Accounting Technician
ATTACHMENTS Voucher Lists ~
~ -
" vchlist Voucher List Page: 1
0410912008 9:15:16AM Spokane Valley ~
Bank code : apbank •
Voucher Date Vendor Invoice PO # Description/Accotmt Amount
14125 3/31l2008 000193 NORTHWEST CHRIS7IAN SCHOOL INC 03312008 APR OS: RENT . 35,608.10
Total: 35,608.10 ,
14186 4/412004 000379 CIIY OF SPOKANE VALI_G'Y Permit PLUMBING UPGRADES: POOLS 7,321~.77
• ' , Total: 7,321.77
14187 4/9/2008 000648 ABADAN REPROGRAPHICS & IMAGING 21320 41992 ABADAN OFFICE SUPPUES 100.44
21350 41992 ABAD/1N OFFICC SUPPLIES . 33.48
Total : 133.92
14186 419/2008 001637 ACP/1 15418 JOIPJT lAYOUT/DESIGN VIlEBINAR 25.00
. Total : 25.00
14189 4l9/2008 000197 AIR INC. 15203 PRE-EMPLOYMGNY SCREENINC 225.00
Total : 225.00
14190 419f2008 000150 ALLIED FIf2E & SECUi21TY 20077105 KEYS: HR 26.96
. Total: 26.96
14191 4/9/2008 001081 ALSCO LSP0350052 MATS: CITY HALL 64.20
" LSP0380768 . MnTS: CI'T1f WALL 69.68
LSP0388502 MATS: CITY HALL 68.73
Tota1 : 202.61 14192 419/2008 000335 AL70N'S.71RE INC. 6-32694 OIL SGRVICE: 40206D 41.74
' Total: 41.74
14193 4/9l2008 000874 APA Membership 2008 MEMI3ERSHIP: MAY _ 241A0
Memaership 2008 DUES: PALANIUK 180.00
Total : 421.00
14194 41912008 000050 APA - INLAND EMPIRE SECTION Registration 2008 CONFERENCE: BASINGER 250.00
• Total: 250.00
14195 41912008 000334 ARGUS JAN170RIAL LLC INV001452 FEB 08: PRECINCT JANITORIAL SV 2,082.17
Total : 2,08217
, . Page: 1
vchSist Voucher List pagQ; 2
0410912008 9:15:16AM Spokane Valley Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
14196 4f9J2008 000030 AVISTA UTILI7IGS 410069444 FEB 08: MASTER BILLING 3,791.42
.610112784 FEB 08: UT1LfTIES 54.26
' Total : 3,845.68
14197 4J9/2008 001606 BANNER BANK 4441 VISA: CARD 4 1,486.47
. 4458 V1SA: PASSMORE 1,456.86
• Tota I : 2,943.33
14198 419l2008 001545 BERNARDO WILLS ARCHITECTS, PC 2008-1433 41956 CITY HALL CONTRACT 07-018 25,615J5
. Total : 25,615.75
14199 4/912008 000168 13LACK BOX NETWORK SVC 145435 41932 CANA NETWORK ASSESMENT FOF 39,497.59
. 145438 LABOR ON PHONE INSTALI,.ATION 5,860.06
145553 O/T LABOR: PHONE INSTALLATION 2,456.26
145827 IMPLEMENT NEWV F/1X UNES. 323.09
Total : 48,137A0
14200 419f2008 000796 BUDINGER & ASSOCIATES IIdC. P07370-1 24TH AVE RECONSTRUCTION #05: 11,029.00
P07370-2 24TH AVC RECONSTRUC710N #05: 791.00
• • Total: 11,820.00
14201 4J912008 001638 CCMA . Registration NW REGIONAL MGT CONF: MERCII 280.00
Total : 280.00
14202 4l9/2008 000835 CERIUM NETWORKS LLC 006798 41900 V1DE0 CONF. EQUIPMENT - TANDE 34,943.92
007409 41975 CISCO SMARTNET RENEWALS, 17,413.94
. • Total : 52,357.86
14203 41912008 000729 CH2MWIlL INC. 3636881R 41025 0003-BARKER ROAD BRIDCyE 10,147.51 .
' Total : 10,147.51
14204 41512408 001048 CITY PARCEL DEUVERY, INC. 2280085 FEB 08: COURIECZ SEI2VICE 45.20
• Total : 45.20
14205 4/9/2008 001440 CLEARI'ATH, LLC 257 CITY CENTER PROJECT: CD 8,859.20
. Total: 8,859.20
14206 4/912008 000646 CMRS-POC 05320424 . REPLENISW POS7AGE METER 3,000.00
ige: 2
~ - - -
J
• ~ ~ ' ~ . .
vchl'bst Voucher List Pa9e: 3
04l09/2008 9:15:16AM . Spokane Valley
Bank code : apbank
Voucher Datc Vendor Invoice PO # DescriptioNAccount Amount
14206 4J9/2008 000646 000646 CMRS-POC (ConUnued) Total: 3,000.00
14207 4/9/2008 000109 COFFEE SYS7EMS INC 58696 COFFEE SERVICE: C17Y WALL 234.04
59219 COFFEE SERVICE: CITY HALL 362.99
. Total : 597.03
14208 4/9/2008 001065 COMMUNITY COLLECES OF SPOKANE 222159 CUSTOMER SVC TRJIINING: CD 2,575.00
Total : 2,575.00
14209 41912008 000603 CONTRACT DESIGN ASSOC., INC. 25371 41976 CWAIRS: CODE ENFORCEMENT 1,134.88
Total: • 1,734.88
14210 4/9/2008 000035 CORPORATE EXPRESS 179468563-401 41888 KITCWEN SUPPLIES 119.78
84660262 OFFICE SUPPLIES: FIN 40.62
85718346 OFFICE SUPPUES: FIN 20.03
• 85789528 OFFICE SUPPLIES: FIN 8326
' Total : 263.69
14211 41912008 000235 DATA BASE RECORDS DESTRUCTION 27979 ' • ONSITE DATA DESTRUCTION 240.00
Tota I : 240.00
14212 4l912008 000683 DAVID EVANS & ASSOCIATES 241494 LONGlSHORT PLAT REVIEW: CD 4,158.00
244459 PLAT REVIEW SGRVICES: CD 2,654.10
244461 41993 CONTRACT NO. 0S-008 TRAFFIC EI 120.98
Total : 6,933.0$
14213 41912008 000152 DEPT OF TRANSPORTATION ' 80311052 STATE ROUTE ROAD Pv1AINT. 10,329.54
' Total: 10,329.54
14214 4/912008 000912DEX PAEDIA WEST 200353924 MAR 08: ADVER'f`ISING: CP 222.18
Total : 222.18
14215 4!912008 001593 DIRCC7 PAAIL GNY INC 025012 , MAILING SERVICE CD 555.35
. . ' Total : 555.35
14216 419/2008 001636 nUDROV, GINA Refund DAMAGE DEPOSIT RF_FUND 187.75
Total : 187.75
Page: 3 '
vchlist . lfnucher List page: d
0410912008 9:'15:1~AM Spokane Va[ley
gank code : apbank Voucher Date Vendar . Invoice PO # DescnptionfAacount Amount
14217 41f}12008 000999 EASTERN WA ATfORNEY SVC, ING 12087 SERVICE: HARR1S 20.00
12225 SERVICE' DANIL,ES 45.00
92226 SERVICE= LITZEhlGERCER 55,00 12227 SERVICE: RUPER7 45.04
12228 SERVICE= ELDRIDGE 45_41)
72229 SERVICE: B09 45.00
12267 SER1lICE; PIJCKEfT 40.40 '
12479 S ERVlCE' SURLbW 63,25
Total: "i.26
14218 4I912009 000260 F-WFOA TREASURER N7embe r Dues . REGISTRJ0.T1pN= CQNpBS 65,00
Total : 65,00
14219 4rsr2a03-. 001447 FREE PRESS PU13LisHiNG iNc 30147 LEGAL AD; CITr ~~~RK 25_00 30148 LEG}kt }kD; CI'IY CLER1{ 31.45
30149 LEGALAT); PLANNING 92.65
30150 LEGAL AD: PLANNING 5S_65
30151 LEGAL AD' PLATdh11NG 84,15
30164 LEGAL AD' PLANNIhlG 58,65
30185 . LECAL AD= PLANNING 98.05
30166 IX-- CAL AD: PLANNENG 97.80
30107 LEGAL AD' RLANN INC 56.10
30168 LECALAD; RLANNINC 94.35
30197 LEGALAD' P LAPJNIN{'s 94_35
, Tokal : 783.20
14220 4191200a 000735 FREEDMAN7U NG BOTT0MLEY 60474 SPRAGUEIAPPLEWAYSLfBJ4REAl 7,272,56
. . TataG : 7,272.56
14221 41912O1A fl01465 GAVIN ASSOCIATES B1LL«JC #4 LANDSCAPE DESIG N' VAILF_Y MIS: 2,1$4_69
' To#al : 2,7 84.fi9
1422-Z 4I9120D8 001345 61813S PLANNIiYG GROiJP 08-126 . SPQKANE VAttElf TOWN CTR 1.500,00 . ' To#al : 7,590.QO
14229 41912008 001253 CDRDON THOMAS HONE1fV1+ELL 132042 FEB 08: LOBBI'IS7 S ERVIC ES 2,347.20
Total: 2,347.20
4
- - I .
. i
vch(ist Voucher List Page: 5
0410912008 9:15:16AM Spokane Valley .
Bank codo : apbank ' .
Voucher Date Vendor Invoico ' PO # DescriptionJAccount Amount
14224 4J9l2008 000007 GRAINGER - 9592666995 41925 ORANGE SAFETY VESTS 61.19
Total : 61.19
14225 4l912008 000917 GRAYBAR 932131012 MISC CABLING: BINC • 269.90
932182190 NETWORK PA7CW CABLES: IT 125.45
Total : 395.35
14226 4/912008 000009 MEWLETI'-I'ACKARD COMPANY 43856230 41949 I-IP PROLIANT 131-380 G5 SERVER 4,549.25
' . Total : 4,549.25
14227 4l9/2008 000441 HOME DEPOT CREDIT SERVICES 6070735 ' JANITORIAL SUPPLIES: CP 302.57
" 9080708 PARADE SUPPLIES: BR/1NCH 15.51
Total : 318.08
14228 4/9/2008 000022 INLAND BUSINESS PROqUCTS, INC. 55642 PHOTO ID CARDS 39_10
55775 PHOTO ID CARD: ALDWORTH . 23.89
55828 PHOTO-In CARD 23.89
55831 PHOTO ID CARD 39.10
' Total : 125.96
14229 419/2008 001016 IIdS70FT2ANS ENGINEERS 40027 2008 ITE MEMBERSHIP: WIYRICK 222.75
Total : 222.75
14230 4l9/2008 000012 JOURNAL 0f= BUSINESS IfdC. Renewal RENEW SUBSCRIPTION 39.00
Totat : 39.00
14231 4l9/2008 000864 JUB ENGINEERS, INC. 0050780 41166 06-001 STREET P/1AS'ffcR PLAN 3,694.87
0050792 41409 CONTRACT NO 06-001, ST MASTEF 6,759.48
0057389 41166 00-001 STREET MASTER PI.AN 11,339.62
0051442 41409 CONTRACT NO 06-001, Sl' PJIASTEF 5,834.86
. . Total : 27,628.83
14232 4/9/2008 001640 MAIN'TENANCE SOLUTIONS, IP1C 22812510 ENZYME CONTROLLANT: CP 177.35
• ' Total: 177.35
14233 4/9I2008 000258 MICROFLEX INC. 00017654 'FEB 08: TAXTOOLS SOFTWARE 341.95
Total : 341.95
Page: 5
vchcist - Voucher List Pa9e: 6
U4I0912008 9:15:16AM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount . Amount
14234 41912008 000053 MODERN OFFICE EQUII'MEId'f 83889 PRINTER MAINTENANCE: FIN 872.06
Total : 872.06
14235 4lJ/?_008 000662 NATL BARRICADE & SICN CO 59100 41927 6V BAlTERYIES 21.72
. Total: 21.72 '
14236 4l9/2008 000652 OFFICE DEPOT INC. 417411809-001 OFFICE SUPPLIES: CP 62.79
418392265-001 . OFFICE SUPPLIES: CP 12.41
418780732-001 STAMP SUPPUES: FIN 52.59
418780799-001 CALCNDAR: FIN 9.88
• 419149022-001 ' OFFICE SUPPLIES: CP 132.98
419560499-001 MOPIITOR S7AND: FIN 14.96
419777756-001 41960 OFFICE SUPPUES: HR 54.98
420489147-001 41963 KITCHEN SUPPLIES • 230.13
421281267-001 41968 OFFICE SUPPLIES: MF2 12524
421313163-001 41971 OFFICE DEPOT 334.83
• 421601771-001 OFFICE SUPPLIES: FIN 27.05
421734173-001 41977 OFFICE SUPPUES: OPS"/1DMIN 69.58
• 422280676-001 41879 OFFICE SUPPUES: HR 100.40
424326774001 OFFICE SUPPUES: FIN 29.91
. Total: 1,257J3 'h425:7-4f9Q@89--9913367-$FIFF8E 6F-:R 1E&T-AT-E:FREAG6IRER FEB 2998 6ASH-R E6r- 1PT-S-dA61 , .41
VO ID ' 2668 - ^ ^ orri rcc^vciP~6 'sv-^HR~HM~38;996.0:7
Total: 276,016.14
14238 4l912008 000899 ONEEIGHTY NETVNORKS 389508 MAR 08 T1 LINES: CITY Hl1LUCP 851.71
Total : 851.71
14239 418/2008 001258 ORB /1RCMITECTS INC. '8 41599 DESIGN OF POOL- PARK ROAD 2,008.69
8 41601 DESIGN OF POOL - VALLEY MISSIC 2,008.69
' 41601 ~ -
8 41640 DESIGN OF POOL - 7ERRACE VEIV 2,008.69
.
41600
Total : 6,026.07
14240 4l912008 000677 PAW Regislration • PAW CONFERENCE: HARNOIS 195.00
. "ige: 6
'i , . .
vchlist VouCher LISt . Page: • 7
0410912008 9:15:16AM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
14240 419/2008 000677 PAW (Continued)
~
Registration PAW CONFERFNCr: KUH7A 180.00
Total : 375.00
14241 4!9/2008 001089 f'OE ASPMALT PAVING, INC. 42563 41983 POE ASPHALT CONTiZACT #08-001 10,908.38
42564 41983 POE ASPHALT CONTRACT #08-001 8,241.58
' 42565 41983 POC ASPWAL7 CONTRACT #013-001 5,592.77
Total : 24,742.73
14242 4l9/2008 000494 Pl20 PE01'LE STAFFING SEl2VICES 28.650 STAFFING SERVICC: CP 568.00
28•776 STAFFING SERVICE: CP 645.96
. 28.888 STAFFING SERVICE: CP 554.40
Total : 1,768.36
14243 4!912008 000041 f'ROTHMAN COMPANY 2008-1594 RECRUITING EXPENSES: PARKS 1,444.90
2008-1640 RECRUITING GXPENSES: PARKS 2,688.87
2008-1708 RCCRUfTING GXPEfdSES: PARKS 225.07
Total : 4,358.E34
14244 4l9/2008 000322 Q+NEST 509-926-1840 1946 PHONES: P/1RK RD POOL 9~.98
. Total : 96.98
14245 4/912008 000256 RAINBOW ELEGTRIC INC . 122740 LABOR ON CDA FURNITUI2E 2,122_63
Total : 2,122.63
14246 41912008 000675 RAMAX PRIN7ING & AWARDS 16288 COUNCIL NAME PLATES 45.61
Total : 45.61
14247 4/9/2008 000952 RrCAI_I_ SECURE DESTRUCTION, SERV 3901101313 OOCUMGNT DESTRUCTION: Cp 20,14
Total : 20.14
14246 4/9/2008 000415 F20SAUERS U-CITY INC. 634827 CAMP SUPPLIES: CP 5.37
• 660100 COSV B'DAY PARTY CAKES: BRAN 200.93
• Total: 206.30
14249 419/2008 000935 SERVICE PAPER COhAI'ANY 34421045 • JANITORIAL SUPPLIES: CP 1,825.07
34421010 JANfTORIAL SUPPLIES: CP 54.46
,
Page: 7
. ~ vchlist Voucher List paSe; ~ g
0410912008 9:15:16AM Spokane Valley '
. I
Bank codo : apbank ~
Voucher Date Vendor Invoice PO # DescriptionlAccount ' Amount
. 14249 4l9/2008 000935 000935 SERVICE PAPER COMPANY . (Continued) Total : 1,879.53
14250 419/2008 001639 SPOKAIdE CfIY FORUM Ftegistration SPOKANE CITY FORUM 10.00
Total : 10.00
i
14251 4/9/2008 000230 SPOKANE CO AUDITORS OFFICE Certified Copies CERTIFIED COPIGS: BOWMAM-NEb 43.00
Total : 43.00
14252 4/9/2008 000658 SPOKANE CO SU('ERIOR COURT Certified Copies CERTIFIED COPIES: (30WMAN-NEb • 6.00
Total : 6.00
14253 4/9/2008 000172 SPOKANE CO. ENGINEER VLY0802 40937 PWES/MANSFIELA: #005 92,989.22
VLY0802 13ARKER ROAD BRIDGE #003 911.97
Total : 93,901.19
14254 419/2008 • 000348 SPOKANE CO. PROSECUIING ATfY FE8 2008 CRIME VICI'IMS COMP FUND 1,072.39
JAN 2008 CRIME VICTIMS COMP FUND 1,003.10
. Total : 2,075.49
14255 419/2008 000001 SPOKANE C0. TREASURER MAR 20138 MAR 2008 SERVICES 1,384,141.98
' Total : 1,364,141.98
14256 41912008 000406 SPOKANE REGIONAI. CVB FEB 08 FEB OB= TOURISMlMARKEfING COI 25,500.00
JAN 08 JAN 08: 70URISNUPAARKETING COI 25,500.00
- ' Totai : 51,000.00
14257 4J9/2008 000862 SPOKANE ROCK PRODUCTS, INC. Application #5 41260 0039-05-017 ARGONNE ROAD OVF 17,365.13
Total : 17,365.13
14258 4l9f2008 000311 SPRINT SPECTRUM, L.P. 01412766643 MAR 08: CELL BILL 504.12
0602678198-7 MAR 08: WAPS FOR I.APTOPS 516.90
:
R~13 09" P2rit'a.t &:c~T- Total 1,021.02
14259 41912008 001083 STANDARD PLBG HEATING CONTROLS 24656 41991 -9~5RN14ET MAIN7ENANCE PO: PRE( 491.42
Total : 491.42
142eo 4l912008 000257 STATE AUDITOR'S OFFICE L69372 AUDITORS 3,329.48
Total : 3,329.48
~
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, . •
~ -
vchl:st Voucher List . Page: 9
0410912008 9:15:16AM Spokane Valley i
Bank code : apbank I
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount .
14261 4/9/2008 000773 STUDIO CASCADE, INC. 1332 PLANNING SUpPORT 9,740.00
: Total : 9,740.00
14262 4/8/2008 000419 SUMMIT LAW GROUP 36612 CENERAL EMPLOYMCN7 AnVICE 888.00
- Total : 888.00
14263 4/9f2008 000102 TRANSNAYION TITLE INSURANCE CO 20339944 717LE RFPORT: LEGAL • 271.50
' Total : 271.50
~
14264 4J9/2008 001248 USKH, INC. 01057700-2 24TH AVC # 053 1,100.73
_ Total : 1,100.73
14265 4/9/2008 001077 V.W. SERVICES, INC. 9551 ELECTRICAL SVC: 3E3948D 49.13
9615 BRAKE SERVICE: 40203D 222.40
$693 ELECTRICAL 12GPAIRS: 38908D 683.71
' Total: ' 955.24
14266 4/9f2008 000167 VERA WATER & POWER 0004-009755.01 FEB 08: UTILITIES 88.99
0005-016348.01 FEB 08: U71LITIES 50.78
00a6-033021.00 FEB 08: UTILtTIES 21.63
0007-017753.01' FEB08: UTILITIES 18.75
0008-010790.01 FEB 08: UTILITIES 51.48
0012-0O4137.02 FEB 08: U71LITIES 65.18
Total : 296.81
14267 4/912008 000964 VOLT ' 17979931 STAFFING SERVICE: IT 761.06
, 18055155 SYAFFING SERVICE: IT 990.00
. 18144062 S7AFFING SERVICE: IT 990.00
18184853 STAFFING SERVICE: IT 990.00
18258846 STAFFING SERVICE: IT 25.00
Total : 3,756.06
14268 4/9/2008 001315 WA ENVIRONMENTAL TRNC CTR Registration 41999 WATER WORKS BASIC CLASS: CO 295.00 Total : 295.00
14269 4l9/2008 000698 WA CI71ES INSURANCE AU7WORITY 100404 NOTARY FIDELf1Y BOND: DF2ISKEL 50.00
Total : 50.00
. ~
Page: 9
vchbist Voucher List Page: i10
0410912008 9:15:16AM Spokane Valley i
Bank code : apbank
Voucher Dato Vendor Invoice PO # Description/Account Amount
~
14270 419/2008 001590 WA STATE COURT 0F APPEALS 7392 PRINTIMG/BINDINC OF BRIEFS 9.51
Total : 9.51
_ 14271 419/2008 000608 WA STATE UNIVEI2SI7Y 10001267 41972 ROAD BUILDERS CLINIC: WORLEY 399.00
10001268 41972 ROAD BUILDERS CUNIC: ALDWOR 399.00
Total : 798.00
I
14272 4/9/2008 000100 WVABO INC. 16054 SPRING 08 MTG: MARTIN 60.00
Total : 60.00
14273 4/9/2008 000938 WASTE MANAGEM[NT OF SPOKANE 2107652-2681-1 TRASH SEIZVICE: 12710 E SPRAGL 263.79
• 2108452-2681-5 TRASH SERVICE: 2426 N DISCOVE 330.57
- Total : 554.36
14274 419/2008 001034 WSASC - CINDY WHITMAN, AUBURN SE Conference 08 WSASC CONFERENCE: CLARK- 365A0
' Total : 365.00
14275 419/2008 000089 XO COMMUNICATIONS, INC. 0221819635 IN'fERNETlDATA UNES 1,685.87
Total : 1;685.87
91 Vouchers for bank code : 8pbank Bank total : 2,159,764.27
. ~ Total vouchers : 2,159,784.27
. ~fo~~p C.1-~eCC( co,0~(n: ~'-F~
1, the under.~i.gned, do certify under penalty of pcrjury,
that; the matcria].a have been furnished, the sexvic^es J, 883, 7co53 .I 3
rendered, or the labor performed as deacribed herein '
and that the claim ia juet, due ancl an unpaid
obligaEion xgainst the City oF Spokane Vfilley, and that
Zam authorized to authcnticate and eertify said claim. L I'inance 17iroctor Datc
' Mayor Aatc • . ' ~
4
i
_ Council Member ]7ate
10
CITY OF SPOKANE VALLEY
Request for Council Action. .
Meeting Date: 04-22-08 City Manager Sign-off: Item: Check all that apply: (D consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Payroll for Period Ending March 31, 2008
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: • •
BACKGROUND:
OPTIOPIS: RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS: -
Gross: $ 197,903.25 ' Benefits: $ 105,395.60 . TOTAL PAYROLL: $303,298.85
STAFF CONTACT: Raba Nimri .
ATTACHMENTS
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 04-22-08 . . City Manager Sign-off:
item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing
. , ❑ information ❑ admin. repart ❑ pending legislation
AGENDA ITEM TITLE : . Payroll for Period Ending April 15, 2008
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: ~ OPTIONS:
RECOAAMENDED AC710N OR MOTION:
BUDGETlFINANCIAL IMPACTS:
Gross: $ 193,687.87
Benefits: S 26,765.87 TOTAL PAYROLL: $220,453.74
STAFF CONTACT: Raba Nimri
ATTACHMENTS .
i _ ~ .
. DRAFT . MmrUTES -
~ City of Spukane Valley
City Council Regular A'feeting
Tuesdsy, Apri18, 2008
Ma}ror Munson calleti the meeting to order at 6:00 p.m., and welcomed everyone to the 135th meeting.
Aftendairce: Citv S1aff•
Rich Munson, Fv9aypr Dave Nlercier, City Ma.nager
I7ick Denenny, Deputy Mayor Mike Jackson, Aeputy City Manager
Rose Dempsey, Council.member Mike Connelly, City Attorney
Bill Gothmann, Councilmember Cary Driskell, DepuYy Cily Atiorney
Gary $chimmels, Councilmember Ken Thompson; Finance Director
Steve Taylor, Councilmember Kathy McClung, Community Development Dir.
Diana Wilhite; Councilmember Rick Vanl..euven, Police Chief
Mike Stone, Parks & Rec Director
Neil Kersten, Public Worl:s D'uector
. Greg McCorniick, Planning Manager
John Hohman, Senior rngiveer -
Steve Worley, SeniQr Engineer .
• Christina Janssen, Assistant Planner
Carolbelle Branch, PIO
Chris Bainbridge, City Clerk
`INVOCATION: Pastor Manuel Denning of Founta.in Ministries gave the invocation.
~ PLE•DGE OF ALL•EGI[ANCE: Ivlayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Rainbridge callcd roll; all Councilmembers vvere present.
APPROVAL OF AGENnA: Mayor Munson announced that agenda item #7 would be removed from
the agenda. It was moved by Councilmember Wilhite, seconded mid unwzimausly agreed to approve the
umended agenda.
INTRODUCTION OF SPECIAl. GUESTS ANYll PRESEIVTATTONS: With Mayor Munson's
concurrence, Councilmember Taylor read the "Air Quality Awareness Week" proclatnation, which Nvas
received with gratitude by Tom Brattebo, member of the Spokane Regional Clean Air Agency Advisory
Council.
COi19AZITTEE, BOARD, LIAISON SUIVIMARY REPOKTS:
Councilinernber Schimmels: mentioned he attended the Solid Waste meeting yesterday wfiere they
discussed iniCiation of a pcrformance and financial audit; and attended a fundraiser fqr SCRA.PS a few
weeks ago. '
Councilmember Wilhite: reported that she attended the City Staff development forum for those interested
in the changes implcmentcd in our development process; attended the Spokaue Valley Business Pair, and
ttie Mayor's Ball.
Councilmember TaylQr: said that he attended the Chamber's Board of Director's A9eeting where they
heard a presentation from the County regarding the upcoming communic.ations initiative; attended the
Solid Waste Advisory Meeting, wfiich is a"sister" committee of the Solid 1'Vaste Liaison Board; and
attended the Spokane Clean Air Agency Board meeting this week alnng with the Ciry Staff Development
Forum. .
Gouncilmember Gothmann: TFo report.
Council Regular Meetine:04-08-08 Page 1 of 7
Appraved ]:y CounciL•
llTL4FT '
1aeput,y MaY rcDenennv: explained he attended the Regional Health Board meeting where they mentioned
they are working with the organization which they originaUy hired for the search opportunities, and that
they have expanded the job definitions; that he was asked by Spakane Councilmember AI French to
participate in the Council Connection, which was focused on transit issues; and that he also attended the
Mayor's Ball.
Councilmember Dempsey: No report.
MAY()R'S REISORT: Mayor Munson reported that be gave the State of the City Report to a local
Rotary Club; attended tbc Washington State University Advisory Council meeting; met with the Board of
County Commissioners regarding the transportation situation and mentioned the idea of a"big tent"
plannina mecting to address transportation needs in the region; atiended the Firefighter's Ball; thc City's
Finance Committee meedng; and gave the State of the City Address for the Valley $unrise Club. Mayor
Munson also mentioned that he hosted the cake cutting and party for the City's Fifth Birthday
Celebration; ancl met with the President of the Spokane City Council w6ere they discussed possible issues
for a joint meeting with our Council. Nlayor Munson invited one of the Boy Scouts in the audieiice to
introduce himself, which he did and mentioned that he is attending the meeting as part of a citizenship
merit badge. Councilmember Taylor also mentioned that he attended the business section of the Board of
County Commissioner's meeting where they approved the Turtlecreek Joint Planning Agreement and he
e.ctended his appreciat.ion to them for approval of that agreement.
PiTF3LIC COMNIENTS: Mayor Munson invitad public comments.
Mel Jones. 1444 N Hadges Road: said he works in various food activities and is a professionally trained chef and urban farmer; and be has concerns about our livestock ordinance; and that he wants to Find out
the history of that ordinance and the pmcess for making changes to the ordinanec. Mayor Mu.nson said
that ctaff will contact him to answer those questions.
TroY Iailley, 2400 NWilbur Road: said he is annoyed with the panhandlers and that be hcard we were '
forming a committee and he would be willing to be on the committee; that this has become a problem '
• wilh aegressive panhandlers holding signs up to car passenger windows. Mayor Munson said that staff
will send bim an application form sn that he may be considered for inclusion on this committee. 1. YIlIBLrC ICEARING: Ballot Issae: Continuation of Existing SalesJUse Tax for Publie Transportalyon
Services.
Mayor Munson oPened thc public hcaring at 6:18 p.m. and explained the proceclure for conductinb the
hearing; that a presenter fnr and a presenter against the pmposition would each be given a maximum of
ten minutes to sneal:; after which he would open the floor for other public comments. 1Vlayor Munson
invited a speal:er to come to tbe podium who is in opposition to the proposed ballot issue; and no one
came forward to speak against the proposition. Mayor Munson then asked for a speaker to speak in favror
of the proposition.
Andrew Rolwes. 9610 ,N Wickiup Court, Smane. 99208: said that he speaks on behalf of people for the
Transit Campaign Committee; and said that he seeks endarsemeni of the ballot issue; that this is not a
new tax but a continuatioo of what is currently in existenee; and that this ba]]ot mea..sure would make the
6/1& of 1% permancnt as it does not include a sunset elause; hc spokc of the increased ridersliip, and
mentioned that he believes STA is an effective steward of the public resources, and if this measure fails to
pass, it could result in a 50% reduction in their current scrviccs as these fiunds are a significant part of
their infrastructure. .
_ After brief comments from Councilmember Gothmann and NIr. Rolwes conceming this measure not
having a sunset elause, there were no other comments and Mayor Munson closed the public hearing at
6:32 p.m.
\
Council Regular Meeting:04-08-08 Page 2 of 7
Approved by Council:
DRAFT 2. PUBLIC HEAR-WG: Ballot Issue: 1/10 of 1% Sales Tax for Emergency Communication-, S St~ ems
and FaciJities, including Equipment: Crime Check and Reverse Emeraencv Notification System.
Mayor Munson opened the public hearinj at 6:32 p.m. and explained the procedurc for conducti.ng the
hearing a,.s bcing the same as was conduceed for the previous heii,ri.ng; thal a presenter for and a presenter
against the proposition would each be given a maximum of ten minutes to speak; after which he would
open the floor for other public comments. Mayor Munson invited a speaker to come to the podium who
is in opposition to the proposed ballot issue.
John Roskellev. 16614 Foothill Road: in speaking in opposition of the issue, he explained thaf this matter
was jusc tvrned do«n in November, and stated that our sales tac increases are a financial challenge to our
most vulnerablE citizcns, as evcry time anyone goes to the store, they wrould be paying for this; he said
that he supports Crime Check and always has, but taxpayers are being asked to have their sa1ES and
prnperty taaces fund too many projects.. 14e further explained that this is about tliose peAple workina for
minimum Nvage, single moms, retirees, young £am.il.ies, seniors, and the majnrity of taa:payers in the
region; he said we must hold electcti officials accountablc for budgetina and not always allow them to
draw &om the well for taxes, fees, or subsidies. Mr. Roskelley stated that this ba.llot title includes a ten-
• year sunset clause; and that the eslimated revenue for those ten years is $88 million; that the
communication and facilities elements discussed this at a$45 million cost, and people are surprised to
hcar the actual rcvenue difl'erences. He suggested Crime Cheek not be a sales tax but be paid through the
general fund; and said that the overall cumulative affect is a cqntinuing growing number ot' ta.Yes. He
quoted former Commissioner Phil 1qarris w1io said we "don't havre a revenue problem, «<e have a
spending problem." Mr. Roskelley stated tfiat the "fear factor" keeps getting thmwm to the voters, that no
one will come to the door in case of burglary or fire if this initiative fails; that 3/10`b of 1% criminal
justice public safety taa.es are currently being assessed, as well as a 1/10"' of 1% tnental bea}th tax.
Pending or potential ballot actinns, he said; include an all-counry jail bond issue for $100 million i.n
November; wastewater treatment plant bond issue for $160 million in 2009; child abuse and neglect levy;
01 and future fire district, schoo) and library levies and bond issues. Mr. Roskelley said there arr only three
other counlies with a higher sales tax than Spokane County, and he encouraged us not to join that list.
Mayor Munson invited remarks from the proponent for the issue.
Mark Richard. 3214 WQ dru .ff: Commissioner Richard said that thcy sEek to provicle emergency
eommunications necessary for all facets of the emergency entities to communicate with ooe other, to
implcment reverse 911, ancl to cover any potential shorCfalls in 911 ; that law enforcement and the fire
departrnents are having difficulties communicaeing with each other and people are at risk if we do
nothing; he stressed the infrastructure is essential and said that the FCC requires significant upgrades by
the year 2012 and if we do not:hing, the systems will fail. He stressed that this is about data and about
service to this community. Mr. Richard explained the concept of reverse 911, and added that diminishing
phone taxes have been seen as a result of an increased number of cell phones replacing "land lines." Mr.
R.ichard stre:4scd ihat t6ey db'nnt have $80 + million to solve all components of this plan, and said that .
once imposed, this sales tax cannot be used for anytll'vig other than emergency communications, which
stipulation was an oversight in the la.st baUQt measure, as well this plan calls for a ten year sunset clause
which was also absent in the last measure. He asked for support of this important measuee alid of the
importance af sending the message to citizens of the mcasure's i.mportance. .
Question and ansNvers included Nlr. Mercier asking iVlr. Richard about some of the qucstions outlined in
Y1ie March 25, 2008 letter to ]VIr. Mercier from the County Commissioners, in partieular question #7
conecming a"life-cycle cost information." Mr. Mielke said that they had anticipated the system would
bavc an initial cflst of $41 .million, have a life cycle of fiReen years, and would require $28 million to
replace that. Mr. Mielke then gave some of the highlights of the accompanying spreadshett, particularly
' page two showing the radio system replacement expenses. Mr. Richard added that they bad not yet made
an official decision in terms of the background languaae in the Voter's Guide or on-line, but sees no
Council Regular Meeting:04-08-08 Page 3 of 7
Approved by Council:
DIZAFT
problem in disclosing that fmancial information to the community. Mr. Mielke added that t6ere are not
enough funds to Iaay for everything in its entirety; that first is to upgradc the equipment, second is where
Criine Check comes in to relieve the loi3d on the 911 operations, and of third priority is the importance of '
reverse 911; that moving beyond those three priorities depends on final engineering of those L'hree and
whether there are funds to cover more.
Mr. Richazd said that the Advisory Committee will be the 911 Communications Board; that the
information wil] be provided to voters and to the board via an annual report which will include
information showing that funds are spent as authorized; and that the committee will also not be engaging
in fechnical advice. Mention of 911 prompted further discussinn on v.,helher Crime Check is an
emeraency function; or as part of the shortfall that is to be shared through this or through additional relief
through state legislature. 1VIr. Richard stated that they went to jurisdictions so see if those jurisdiclions
eould fund crime cbeck, and heard how constituents are frustrated with the inability to deal with crimes;
he said that crime check is overloading the 911 system so it is vcry directly linked; and said that local
communities feel it is imporianl but don't have it in their budgets to assist in funding. Mr. Mielke
explai.ned some of the frustrations of citizens calling the 911 line and hearing a recordinL ask.ing the caller
to hold. There was further discussion among presenters and Council concerning peak calling; having a-
canstant crime check (24 hours a day, seven days a wcek), contracting out to a call center or other options
such as grants or usc of resouroes such as SCOPE, and of the need for specifically trained operators.
Concerning question #8 of the March 25; 2008 leiter, Mr. Miell:e said they are waiting for final
engineering; which lead to questions about a bond issue. Mr. Mielke responded that bonds are
traditionally ten to hventy years, but no decisions has been finalized concerning use of this or other
Fmancial instruments. Mayor 1Vlunson asked about other munieipalities' lack of funding, i.e., if one
participate withdraws due to lack of funds, and since the baese figures assume continued participation, '
what wouJd occur should a participate withdraw. Mr. Mielke said he did not have data on current
fuJ]dID°a• ,
Mayor Munson invited Mr. Roskelley to give further opponent comment. Mr. Roskelley said he fecls the "
proccdure should have been more controlled to give a more equitable time for each side's viewpoints.
Mayor Munson invited fiuther public comment.
?roy Dillev. 2400 N. Wilbur Road: said that the current sales tax is 8.6 sales taa; that we have the highest
salcs tax otber than perhaps Califomia; he feels this is not a;ood idea; and said even if criminals get
caught, the sysiem just -lets them out again anyway; said he called Crime Check anec and it took three
hours to get the golice ta their house; he said that the public safety building downtowm is overcrowded,
and asked how much more we will have to pay.
John Fring. Jr. S 291 Dishman-Mica. 99206: stated that he is in favor of this systcm, and said that it
w•ould be very sad if public sa1'ety officials could not talk to each other.
Todd Mielke. W 1116 Broadwa~,: said that they have examined revenue strcams but nccessary funds aro
nonexistent; and that the Couiity previ4usly invested in the Fairground renovations with a twenty-year
bond, whieh is something one cannot ignore; that the legislature said this funding mechanism cannot be used for anyfhina clse other then what is stated; and he understands that property tax assed values have
gone up while rates have gone down.
John 'I`yson. 611 N. Saraent Road: said that he urges Council not to support this issue; that he'd never
vote for crime eheck a.nd feels we should be contracting some of this; that he called Crime Check once
and the operator wasn't helpful at all and only wanted to take a reppr[.
Dick Behm. represent.ing Sp4kane Vallev Business Association: Mr. Behm read a short letter of ~
endorsement of the SVBA, and thanked Chuck Hafner for his support on this, and also thanked the
Council Itegular Meeting:04-08-08 Page 4 of 7
Approved by Council:
DRAFT
•
advisory committee on this; and said that perhaps Me. Roskelley should have joined that committee
instead of just opposing this as it sounds as if he had some solutions to tbe problem. ' .
John Roskelley: Iv(r. Roskelley thanked Council for holding this hearing and mentioned ihat none of the
oiher jurisdictions have done so; and said be appreciatad the opporluruty to come to spealc.
Mayor Munson invited furdier public comments; no further comments were offered and Mayor Mu.nson
closed the public hearing at 7:37 p.m.. '
3. CONSENT AGLNDA: Consists of items considered rouline which are approved as agroup. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Approval of Minutes of March 18, 2008 Executive Session Special Meeting. .
b. Approval of Minutes of'IVlarch 18, 2008 Council Study Session Meeting
c. Approval of Minutes of March 25, 2008 Regular Council Mceting
d. Approval of Minutes of April l, 2008 Council Study Sessinn Meeting
--e. Ap erstaflding2286
f. Approval of Standstill Agreement
g. Approval of fnllowing claim vouchers:
VOUCI-IER LIST DATF VOUCHER_ ns TO'TAL VOUCHER AMOiJNrf
02/12/2008 13858 17 000.00
02/22/2008 ' E3e ' w/#13851 endin w/#13926 599,409.24
03103l2008 13e inning w/ #13671 ending wl413952 ' 433.502.72
03/10I2008 Be innin w/#13990, endina w/#14023 110,958.80
03r2412008 Be innin w/#! 14024, endinQ w/# 14117 2,018,431.76
GRAMD TOTAL 31179
302.52
~ Councilmember Wilhite asked that item "e" be removeti from the Consent Agenda to be discussed
separately. It was then n:oved by Councilmember Tcrylor, seconded and uncunimousty agreed lo approve
the consent agenda as madified.
' e. Approval of Memorandum of Understa.nding 2008 Sewer Paveback -Neil KerstenlSleve VVorlev •
Nlr. Mercier mentioned lhat staff requested this item be removed from t6e Consent Agenda to be
discussed separately, as the RCA was missing the appropriatc motion, and thai Council now has that
eorrected Request for Council Action form. It ivas moved by Councilmember Wilhite and seconded to
approve the 2008 sewer constructrnn Memarandum of Understarrding with Spokune County, und
autilorize tjie City ltd'ar7ager to execute the srnne. Mr. Kersten said that this is the annual aa eement we
have wiCh Spokane County to cover paveback; that we budgeted $900,000, with $200,000 for minor
drainage improvement costs, and stated that we received a CDBG (Community I7evelopment Block
Grant) of $195,410, wliich will offsex some of these costs. Mayor Munson inviled public r;omment; no
commenis were offered. Vote by Acclamation: br Ftrvar: Una►lirnous. Opposed: ATone. Abstentions: •
N4ne. Motion carried. ,
Mayor Munson Galled for a short recess al 7:41 p.m. and recanvened the meeting at 7:51 p.m.
N'EW BUSIA'`ESS:
4. $econd ReadinQ Proposed Ordinance 08-005 Stormwater Ordinance - John Hohman / Gloria Mantz
After City Clerk Bainbridge read the ordinance ti[le, it was moved hy Councilmember Taylor and .
secanded to adopt Ordinance 08-005. I:ngineer Hohman explained that this is the seCOnd reading of the
ordinance amending the stormwater management regulations of Title 22 of the UIaC; and that there have
~ been no changes since the f.rst reading. Mayor Munson inviteci public comment; no comments were
offered. Vote by Acclamation: In T'uvor: i}nanimaus. Opposed: Alone. Abstentions: None. Motion
carrred.
Council Regular Meeting:04-08-08 Page 5 of 7
Approvecj by Council:
DRAFT S. Second Readine Proposed Ordinance 08-006 AmendinQ lnterim Ordi.nance 07-025 - Greg McCormick ,
After City Clerk }3ainbridgc read the ordinance title; it was moved by Councilmember Taylor Qnd ~
seconded to adapt Ordinance 08-006 Planning Manager McCormiek explained the change under ~
19.40.100, 3au as per previous Council meeting discussion, changing the maximum size Af the ADU to -
50% rather than square feet; and tfiat there were no other changes since the first reading. AttAmey
Connelly suggesied also changing section one to include amending Chapter 22 as well as Chapter 19.
Council discussion followed conceming the best verbiage to use on 19.40.100 3aii to ensure the intent is
clearly stated. It ivas maved by Cozarcilmember Taylor and seconded to amend the motioi: 1o include
changing section one ta include "Chapter 22, " and have section 3aii read ayfollows : "77wADU may not
e.zceed ffty percent (SO%) of the tolal habitable footprint arrd fifty percent (SO%) of the habitable square
footage of the principal tlwelling unit, nvr be le.ss fltan three Ftundred (300 square feet. " Vote hy
Acclumation to rnrientl the motion: In Favor: Uncmimous. Opposed.• A'one. Abstentiatu: None. Motion
ccrried. Mayor Munson invited public comment; iio comments were offered. Vote hy Acc:lamution on
tlie amended motian (to approve Ordinance 08-006 as amended): In Favor: Unanimeus. Opposed:
Alone. Abstentions: Alone. Motion carried.
6. First Readiniz PrQlMSed Ordinance 08-007 Amending Uniform Development Code i..c)ading Doors -
Christina Janssen
After City Clerk Bainbridge read the ordinance title, it was moved by Comrcilrnenzber Taylor and
seconded to advance ordinance 08-007 to a second reading. Ms. Janssen briefed couneil on the prnposal,
and of the requests which promptcd this proposed amendment, and added that botb project requests are .
still in thc approval process at this time. Mayar Munson invited public comment; no t;omments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: 1Vone. Abstentions: None. Motion
cmriecZ
7., :4efie~ Esn- i~erat~e»: 3Ve~e_-ef Tfr+e_+
removed from agenda
. Motion Consideration: Barker RQad Brid' e~ Utility Agreements -$teve Worlcv
It wus moved hy Councilmernber laylar and secnnded tu authorize the City Manager or his de..rignee to
ftnulize and execute the individteal Barker Rocul Bridge Utility Agreements with Avista Utililies,
Con.solidaLed Irrigation DistTict 419, Spokane Counly Utilities, urtd Qwest Cvnrnrunications. Engineer
Worley cxplained that as mentioned last week, these agreements are a result of bridgc replacement
projects whcreby these companics reunburse us for the work done by the contractors; adding thax some of
thesc agreements will need refined language as Qwest [i.e. the'v telegraph predecessor] said they pre-
dated statehood and don't have a franchise agreement for these l:inds of situations, but will work with us
to determi.ne how to pay for thcir utility relncatiQn. Mayor Munson invited public commenY; no comments
were offered. Yote hy Acclamution: In Favor: Ununimous. Opposed.' A'one. Abstentions: rNTOne. Motion
carried.
PUBLIC COMMENTS Mayor Munson invited general publie comments; no comments were offered.
ADMTN'iSTRATIVE TtEPORTS:
9. Transportal:ion Benefit District Formation Update - Cacy Driskeli
Deputy City Attorney Driskell explained that legislation was enacted January nf this year providing
governmcnt entities thc ability to form a TB17, and previous Council discussion included this as a passible
means to impose a vehicle tab fee to raise additional revenue to eover road infrastructure improvemcnts and maintenance; he reminded Council that the ordinance is merely a draft to aid Council as they cootinue
discussion ofthis topic. Attorney 17riskell also mentioned that the amount of the annual vehicle fee is left
open, and he added a sunset provision as natad in seetion 3.85.050; however, tn mak-e ease administration
of the termination of this provision, it would be terminated at the cnd of a calendar year rather than within ~i
ninety days of the City's enactnent of a street utility, as stated in the draf~t langua,e.
Council Regular Meeting:04-08-08 Page 6 of 7
Approved by Council:
DRAFT
~l Mayour Munson suggested cbanging the vcrbiage of "enactnent of a street utility" to a more suitable
alternativc, one which would not tie the City to the strict street utility tool; and I7epuCy Mayor llenenny sug,gested thc words "or o[her funding mechanism," as he wants to be sure the public will understand the
City will not double tax if this TBD is appro<<ed. Attorney Connelly mentioned that we cannot have an
automatic repealer based on general language, and that staff N,611 research that in more detail.
Councilmemher Taylor questioned wbetber a TBD should be used for maintenance or for new capital
projects; and sa.id that be is uncertain he wants to iriclude language to automatically repeal this as perhaps
the TI3D dollars could be shifl:ed into capital projects, or there could be other uses of TBD Funds. Other
discussiAn included mention of asking the County to form a TBU and tben asking for a vote of thc people
if Council prefers funds be used for regional needs; us asking tbat the issue bc placed on an upcoming
ballot, explaining the S2.5 million shortfall in road preservation and maintenance; that this ordinanee and
proeedurc i5 an "untested produci" and of the necd to be certain we are in complete compliance; mention
of vehicles Chat would be exempt from th.is fee; whether section 3.85.050 should include a termination
after six ycars or afier ten years; that a provision be includcd to address low income population; and
wbcther Council is ready to move fonvard to a first readi.ng qr prefers further in-depth discussion. Tt was
determinetl not to proceed on dhis tonight, but to brirg this back at the next Council meeting for further
discussion.
10. Limited Term Maintenance Construction InspectQr - Mike Jaclson
Deputy City Manager Jacksnn explained that as t}ie*City moves forward with the Barker Bridge project,
such project will require a full-time construciion inspet;tor for eighteen tA twenty-four months; and rather
than contract widi a private company, staff suggests hiring a limited term employee, and that adding an
FTE requires counei.l approval; that the person would be full time but limited in duration and would be
afforded all benefits of a normal full-time employee, and that the savings in'hiri.ng dhis person is an
estimated $160,000 to $220,000. Councilmember Wilhite asked about unemployment benefits when the
~ J tem ends, and Mr. Jackson replied there is that potential. There was Council consensus to bring this item
forward next week for a motion to authorize the creation of a 1'unitcd term 1= fE.
IlVFORIVT.ATION ONLY: The Barker Road 13ridge D~TR Easement17raft Agreement was for
information only and was not reported or discussetl.
EXECi1TIVE SESSi.C)N: Land AcquisitionlPending Liti-ation. There was no need for an executive
session.
It was rnoved by Cotnicilmember Taylor, seconded and untntimously ugreed to adjourn. The mecting
adjourned at 8:57 p.m.
AT'I°EST:
Richard Munson, Vfayqr
Christine $ainbridge, Crty Clerk
~.y. .
CAUncil Regular Mectine:04-08-08 Page 7 of 7
Approved by Counci]:
~ CITY OF SPOKANE VALLEY
.J Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent [X] old business ❑ new business ❑ public hearing
_ ❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration - Approval of Barker Road Bridge DNR
Easement Agreement
PREVIOUS COUNCIL ACTION TAKEN: Approval of 2005-2010 Six Year Transportation
Improvement Plan, which includes the Barker Road Bridge project, 2) Approval of a Local
Agency Agreement and Project Prospectus with WSDOT, 3) Approval of Consuftant Services
Agreement for Type, Size and Location Study and Final Design Services, 4) Informational
Memo on this DNR Agreement in Council's Apdl 8, 2008 packets, 5) Review of DNR easement
agreement at the April 15, 2008 Study Session
BACKGROUND: The City of Spokane Valley received a Federal Bridge Replacement
Advisory Committee (BRAC) grant covering 100% of the cost for replacement of the Barker
Road Bridge over the Spokane River. The total budget for this project is approximately
~ $10,958,500, which includes City-funded improvements (aesthetic tr'eatments) and
reimbursements by utilities as well as the b(dge replacement.
Part of the permitting for this project requires an easement with the Washington State
Department of Natural Resources (DNR). DNR is the property owner of record for the bed of
the Spokane River, and as bridge projects are updated, easements across DNR property are
developed or updated. Public Works and Legal Department staff has worked with DNR staff to establish an easement
agreement for the Barker Road Bridge Project.
OPTIONS: 1) Move to authorize the City Manger to execute the Bartcer Road Bridge DNR
Easement Agreement, or 2) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to execute the
Barker Road Bridge DNR Easement Agreement.
BUDGET/FINANCIAL IMPACTS: The DNR charges the City for the development of the
easement agreement. These costs, anticipated to be minimal, will come out of the project
budget. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer
Cary Driskell, Deputy City Attomey
~ Neil Kersten, Public Worlcs Director
ATTACHMENTS DNR Aquatic Lands Easement 51-081557
~ STATE OF WASHINCTON - -
DEPATZTMENT OF NATURr1L RESOUTtCES
DOiTG SUTHFRLAND, Commissioner of Public Lands
AQUATIC LAiNDS EASEMENT
TABLE QF CONTEvTS . ~
SECTI4N PAGE
l. ~ GRANT t1Nll LOCA7TON OF EASE1viENTT ....................................................................1 ~
1.1 Easenlent Property 1
. 1.2 Construction and Access 1
13 Itight of T"hird Parties 1
1.4 Surve,ys, Maps, and Plans 2
2. PUTZPOSE 0F EASEVi;FNT ................................................................................................2
3. TLTZ.►V1 ..................................................................................................................................2
3.1 T'erm 2
4. USE NEE ..............................................................................................................................2
4.1 Fee ...................................................................................................................................2
4.2 Late Charges and lnterest 2 ~
4.3 Non-AVaiver .....................................................................................................................2
5. 'NTOTiFIC.ATION OF ACTIViTIES ...................................................................................3
6. Iv1AINTENANCE AND REPAIR OF EASEMENT ANIa IMPROVEM~,fiITS .................3 ~
6.1 Grantee's Acti,,4ties 3
~ 6.2 Restrictions on Use 3
7. IN7ERFERENICE WITH OTHF-R USES OF EAS~~E-NT PROPERTY ..........................3
8. COMPLIANCE• NWI114 LAWS ............................................................................................4 .
9. ENVTRONTIvIENTAL LIABILITY/RISK A,LLOCA'ITON .................................................4
9.1 Definition . .............................................................................Y........................................ 4
9.2 Use ot'Hazardous Substances 4
93 Current Conditions; Duty of Utmost Care, and .iauty to Investigate 4
9.4 Notification and Reporting 5
9.5 Indemnification 6
9.6 Cleanup 7
9.7 Sampling by State, Reimbursement, and Split Samples 7
9.8 Reservdlion of Rights 8
~ 10. PI7.FSERVATI(7N OF SURVEY CORNERS
1-1. TER.MNAlIONT OF EASEIvENT ...................................................................................•9
12. OWiNERSH[P AiND RF-MOVAL OF TMI'ROVEMENTS ANjD EQLJIPMENIT ...............9 ~
12.1 Existing Improvements 9
12.2 Graniee-Owned Improvements 9
12.3 Construction 9
12.4 Performance Bond . 10
' 12.5 As Built Survey 10
12.4 Removal 10
12.7 Unauthorir~ed Improvements 11
~ , .
Fonn Datc: May, 2005 1 F.assment?do. 51-0$1557
~ I
A&
13. INDEMNITY .....................................................11
,
14. FINAYICIAL SECURJTY ANU INSURANCE 12
12 ~ -
14.1 Financial Security . ~ f
14.2 lnsura.nce 12
14.3 State's Acquisitian of Insurance 14
15. TAXF-S AND ASSESSIVf~,~NTS ......................................................................•-•................14
16. AAVANCE BY STATE 15 . .
17. NOTICE ................................................................................:............................................15
~ 18. ASSiGNiMENT ..................................................................................................................15 -
19. SUCCESSOItS AND ASSIGNS .......................................................................................15 ~
20. TIME IS OF T1IE ESSENCE 5
21. RECORDATION ...............................................................................................................16
~ 22. APPLICABLF-LAW AND VEN[.JE .................................................................................16
23. MODIF.iCATIO~t ..............................................................................................................16
24. SUR.VIVAL .....................................................................................:.................................16
25. TINVALIbIT°Y ....................................................................................................................17
~
Form Iaate: May, 2005 2 EasementNo. 51-081557 -~~I
~
~ ~ .
ST'ATE OF WASHINcTOni
DEPARTi12CNT OF NATIJRAL R.FS4URCES . DOUG SUTHERLAND, Go mmissic►ner of Public Lands
• AQUATIC LANDS FASE~~'+,JNT -
AQUATIC LANll5 EASEMENT NO 51-081.557
THIS EAS.FMFNT is made by and betveen the STATE OF «ASHTNIGTON, acting through the
~ Departmzni of Natural Resources ("State"), and CITY OF SPOK..ANE VALLEY, agovemmenl
aaency/entity ("Grantee").
SECTTON 1 GRAr'rT AND LOCATION OF EASEMENT
11 Easement Property. State grants and conveys to Grantee a noneYClusive easement for a
lerm of years (the "Easement") over, upon, and under the property describcd in E~hibit A(the
"Easement Propcrty").
1.2 ConstrucNon and Aeeess. Tn lhe extent it can do sp without violating any other contract
or lease, State hereby also grants a nonexclusive easement on State-owned land and water on
either side of the Easement Property, if any exists, for ingress and epTess to gain access io the
Easement Propert}, and to construct improvements on and maintain and repair the Easement
Property. •
1.3 Right af Third Parties. This Easement is subject 1o all valid interests of third parties
noted in the records of Spokane County; or on file in the affice of the Commissioner of Public Lands, Olympia, Washington; rights of ihe public under the Public Trust Doctrine or the federal
navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any
rivht io harvest, collect or damage any natural resflurGe, includi.ng aquatic life or living plants,
any water rights, or any mineral rights, includi.ng any right to excavate or withdraw sand, gravel
or other valuable materials State makes no representations reDarding access to the Easement
k'roperty.
Form Date: Viay, 2005 ~ Easement No. 51-081557
1.4 Surveys, Maps, and Plans. In exccuting tltis Easement, State is relying upon the
surveys, plats, diagrams, andlor legal descriptions provided by Grantee. Grantee is not relyina
upon and State is not making any representations about any surveys, plats, diagrams, andlor legal descriptions provided by State. SFCTION 2 PURPOS.E OF EASEMENT L)#<AFT
This Easement is a anted for the purpose of and is limited to constructing, installing, operatino.,
maintaining, repairing, replacing; and using the Barker Road Bridgc with a new improved
bridEe, followed by operation and mai.ntenance of the ncw bridge. Thc new bridge will have a
larger worl:ing surface arid a smaller foundation footprint ("Permitted Use").
- SECTION 31ERM
3.1 Term. The tcrm of this E.a..sement is thiriy (30) ycars, begin.ni.ng on the 1 st day of
Oct4ber, 2007 (the "Commcncement laate"), and ending on fhe 30th day caf September, 2037(the _
"Term.ination Date"); unless terminated sooner under the; terms of this Easement.
SECTInN 4 USF, FEE
4.1 Fee. Pursuant to RCW 79.110.230 and RCW 79.110.240, so long as the Aernvttcd Use is
consistent with the purposes of RCW 79.105.010 lhrough RCW 79.105.210 and does not
obstruct navigation or other public uses of Spokane Fiver and its surrounding waters, this use is-
Granted to govemment owned public utilities for the cost af administrative fces associated -.Nrith •
the processing of the application and document, plus the cost of administrative fees associated -
with the processing of any future applic,ation made with respect to this easement for the term
specified in Section 3.1 (Term DeFned). Ihe use fee specified pwsuant to RC`V 79.110240
shall be paid upon eaecution of ttus easement. Any administrative fees shall be paid within .
thirty (30) days after a bill is submitted to Grantee. Not,hing in this subsection shall preclude
Statc's ability ta charge Grantee a fee for any impacts to natural resourccs on or adjacent to the Easement Property that are directly or indircctly associated witti the Permitted Use or Grantee's
use ar occupation of the Easement Properry. .
4.2 Late Charges and Interest If any use fee is not received by State Nvithi.n ten (10) days
of the date due, Grantee shall pay to State a late charge cqual to Four pcrcent (4%) of thc amount
of the payment or Fifty 17ollazs ($50); whichever is greater; to deEray the overhead exgenscs of
State as a resuh af the delay. If any use fcc is not paid within thiriy (30) days of the date duc,
then Grantec shall, in addition to paying the latc charges established above, pay interest on the .
amount outstanding at the rate or one percent (l per month until paid.
4.3 Non-Waiver. State's acceptance of a use fee shall not be construed to be a waiver of any
. preceding or cxisting breach other than the failure to pay the particular use fce that-was accepted.
Form pate: lvlay, 2005 2 EasementNo. 51-081557 f
• SECTION 5 NUTIFTCATIOr1 OF ACTIVITIES DRAFT
Except in the c,ase of an emergency, Grantee sliall provide State widi -.ATitten notice of any
construction or othcr significant activity on the Easement Froperly, at least diirly (30) days in,
advanec. In cases of emergcncy, Grantee shall notify State of such activit}, no later than five (5)
. days after such activity commences. "Significant activity" mcans any activity that might affect
State's or public's use or enjoyment o!'Fasement Property and any surrounding statc-owned
aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIIZ OF EASEMEiN'T AND IMPROVEVIENTS
63 Grantee's Activities. Grantee shall prpmptly rePair, at its sale cost, all damages to any
improvements on the Laseinent Prope.rty, to the Fasement Froperly, pr to any natural resources
wkich arc causcd by Grantee's activities. All work performed by Grantee shall be completed in a
careful and Nvarker like. manner to State's satisfaction, free of a,ny clauils or liens. Upon
completian of any work performed by Grantec, Grantee shall remove a11 debris and restore the
Fasement Frope.rty, as nearly as nnssible, ta the condition it was in prior to commcnccment of
the work.
6.2 Restrictians on Use. Grantee shall not cause or permit any damage to natural resources
on the Fasement Froperty. Grantee shall also not cause or permit anY filling activity to occur an
the E,asement Property. This probibition i.ncludes dny cleposit pf roek, earth, ballast; refuse,
O garbage; Nvaste matter (includi_ng chemical, biological or tpxic wastes), bydrocarbons, any other
pollutants, or other matter in or on tlie Easement Property, excepY as approved in w7iting by
State. Grantce shall neithcr comcnit nor allow waste to be comrnitted to or on the Fasement
Property. If Grantee fails to comply with all or any of the restrictions in use set out in this
Subsectian 6.2, State may tal:e any steps reasonably necessary to remedy such failure. Upon
demand by State, Grantee shall pay all costs of such remedial action, including, but not limited
to, the costs of rcmoving and disposing of any rnateria] deposited i.mpropexly on che Fasement
Froperty. This section shall not in any way limit Grantec's liability under Section 9, below.
The prohibitions in this section against daulage lo natural resources, f ll.ing, deposition of any
unapproved materials, and waste, shall also aUply to protect state-ovvned aquatic lands adjacent
to the Properry from any of Grantee's activides related to Grantee's occupation of the Property.
All obligations imposed by this section on Grantee to cure any violation of the prohibited
ackivities in tlus section shall also exlend to staie-owned dquatic lands adjacent to the ProPerty
when the violation arose from Grantee's aclivities related to Grdntee's occupation of the
Progerty. .
SECTION 7 INTERFEREvCE WITH OTIIER USES OF EASEMENT PROPERTY
Grantee shall exercise its rights under this Easement so as to minitniz,e and avoid, to the fullest
eatent reasonably possible, interferenee with State's use of the Easement Property or -Mth the public's right to use Spokane R.iver for purposes of recreation, navigation, or comuierce
including rights under thc Public Trust Doctrine. Any improvements constructed by Grantee on
Fortn Date: May, 2005 ~ • Easement No. 51-081557
_ ~ -
~
the Easement Property shall be placEd and constructed so as to allow, to the fullest extent -
reasonably possible, unobstructed movement through the water column in the Easement Praperty.
SECTI0N $ COMPLIANCE WITH LAR'S
Grantee sball, at its owm expensc, conform to all applicable laws; regulations, permits, orders, or
requirements of any public authority affecting the EasemEnt Property and the Permitted Use.
Upon request, Grantee shall supply State with copies of•penmits or orders.
SECTION 9 FNWTRONNiENTAL LIABILITY/RISK ALLOCATIQN 9.1 Definition.. "Hazardous Substance" means any substance which now or in the future
becomes regulated or defincd under any federal, state, or local statute, ordinanec, rule; •
regulation, or other ldw relating to human health, environmenta] protection, contamination or
cleanup, including, but not l.i.mited to, the Comprehensive Environmental Response,
Compensadon and Liability Act of 1980 ("CFRCI..A"), 42 U.S.C. 9601 et seq., and
IVashington's .Model Toxics (:ontrol Act ("iTviTCA"), RCW 70.1 O5Ta.010 et sey. ,
9.2 Use of Haxardous Substances. Grantce covenants and agrees that Hai,ardous
Substances will not be used, stored, generated, processed, transported, handled, released, or
disposed of in, on, under, or above the Fasement Froperly, exccpt in accordance with all
applicable laws. . .
9.3 Current Conditions, l)uty c►f i.itmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substa,nces that may exist in, on; under; or above
the Easement Aroperly, State disclaims any and all responsibility to conduct
investigations, to review any State rec4rds, documents or files, or to obtain or
supply any information to Grantee.
(b) Grantee sball exercisc the utmost care with respect to both Hazardous Substances
in, on, under, or above the Easement Property as uf the Commencement Date, aud
any Hazardous Substances that come to be located in, on, under, or above the
Easement Propcrty durine the Term of this dgreement, along with the foreseeable
acts or omissions of third parties a5ecting those Hazardous Substaaces, and the
t'oreseeable consequences of those acts or omissions. Thc obligation to exercise
utmost care uncler this Subsection 9.3 includes, but is not limited to, the follo-vving
requircments:.
(1) Grantcc shall not undertake activities that will cause, contribute to, or
, exacerbate contamination of the Easement Froperty;
(2) Grantee shall not undertake aclivities that damagc or interfere with the
operation of remedial or restoration activities on the Easement Property or
undertake activities that result in human or enNironmental exposure to
Form Datc: May, 2005 4 Eascmcnt \TO. 51-081557
~ contaminated sediments on_ the Easement Property except as required for
the k'ermitted Use provided that any such exposure requi.red by the Permitted Use is in compliance wilh all applicable healtli, safety and
environmental laws and reizulations." ;
(3) Grantce shall not undertal:e any activities ttiat resul[ in the mechanical or
chemical disturbance of on-site habitaf mitigation;
(4) If requested; Grantee sball allow reasonable access to the F..asement , Property by employees and authori~rred agents of the Environuiental
Protection Agency, the Washington State Department of Ecology, or other
similar environmenla] aaencies; and . (5) If requested; Grantee shall allow rcasonable access to potentially liable or
responsible parties who are the subject of an order or consent decree
which requires access to the Easement Propcrty. Grantee's obligation to
provide access to potentially liable or responsible parties niay be
conditioned upon lhe negotiation of an access agreement with such parties,
provided that such agreement shall not be unreasonably NAithbeld.
(c) It shall bE Grantee's obligation tp gathcr sufficient information concerning the
Easement Property and the existence, scope, and location ot'any Hazardous
~ Substances on the Easement Property, or adjoining the Easement Propercy, that .
allows Grantee to effectively meet its obligations under this Easement.
9.4 Notification and Reporting.
(a) Grantee shall immediately notify State if Grantee becomes aNvaze of any of the
folloNving:
(1) A release or threatened release of I-Iazardous Substances in, on, undcr, or
above the Easement Property, any adjoining property, or any other
property subject to use by Grantee in conjunction vvich its use of the
Easement Property;
V5~(2) Any problem or liability related to, or derived from, the presence of any
Hazardous Substance in, on, under, or above the Easement Property, an_y
~ adjoini.ng property, or any olher praperry subject to use by Grantee in
~
eanjunction Nvith its use of the Easement Property;
(3) Any actual or alleaed violation of any federal, state, or local
staiute; ordinance, rule, regulaiion, or other law pertaining t4 I Iazazdous
Substances with respect to thc Easement Prnperty, any adjoining property,
or any other properCy subjeet to use by Grantee in conjunction with its use
of lhe Easemcnt Property;
,
i
Furm t7ate: May, 2005 5 Lasement vo. 51-081557
(4) Any lien or action with respect to any of the foregoing; or; -
. .
~
(5) Any noiif calion from the US Environmental Protection .Agency (EPA) or
the Waslungton Statc I7epartment of Ecoloey (DOE) that remediation or
rcmoval of I-Iaz.ardous Substauces is or may be required at the Easement
Properfiy. -
- (b) Grantce shall, at State's request, provide State with clopies of any and all reports,
studies or audits which pertain to environmental issues or concerns and to the
Easement Property, and which were prepared for Grantee and submitted to any
federal, state or local authorities pursuar►t to any federal, state or local permit;
license or law. These permits include., but are not liuuted to, any Nakional
Pollution Discharge Elimination System Pemut, any Army Corps orFngineers
.permit; any state Hydraulics Project Approval, any. state Water Quality
Certification, or any Local Shoreline permit.
9.5 Indemnificatioo. ,
(a) Grantee shall fully inclemnify, defend, and hold State harmless from and against
any and all claims, demands, damages, natural resourcc damages, response Gosts,
remedial casts, cleanup costs, losses, liens, liabilities, pena]ties, fines, lawsuits,
other proceedings, costs, and expenses (including attomeys' fees and
' disbursements), that arisc out of, or are in any way related to:
(1) The use, storage, generation, proccssing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees,
contractors, agents, employees, guests, invitees, or affiliates in, on, under,
ip or above the Easement Frope,rty, any adjoining property, or ar►y oiher
praperty subject to use by Grantee in conjunction with iks use of the
~ Easement Property, during the Term of this Easement or during any timc
~ when Grantee occupics or occupied the Easement I'roperty or any such
~ other property;
(2) The release or threatened release of any Hayardous Substance, or thc
exacerbation of any Hazardous Substance contamination, in, on, undcr; or
above the Easement Property, any adjoin.ing property, or any other
properiy subjcct to use by Grantee in conjunction with its use of the
Easement Property, which release, threatened release; or exacerbation
occurs or occurred during the 1 erm of this Easement or duri.ng any timc .
when Grantee occupies or occupied the Easement Propcrty or any such •
other properly and as a result of: (i) A,ny acl or omission of Grantee, its subgrantees, c4ntractors,
agents, employecs, guests; invitees, ar affiliates; or,
Form Date: Mxy, 2005 6 Easement No. 51-081557 I`' --J
1 (ii) Any foreseeable act or omission of a third pazty unless Grantce ~ J exercised t11e ukmnst cdre with respect to the foreseeable acts or
omissions oFthe third party and the foreseeable consequences of
those acts or om.issions. '
(b) In addition to tlie indemnifications provided in Subsection 9.5(a), Grantee shall
. fully indemnify State for any and a11 damages, liabilities, costs or e.cpenses
(incTuding attorneys' fees and disbursemenis) that arise out of or are in any way '
related to Grantee's breacb of the obligations of Subsection 933(b). This
obligation is not intended to duplicate the indemnity provided in Subsection 9.5(a)
and applies only to damages; liabilities, costs or expenses that are associated with
_ a breach of Subsection 9.3(b) and Nvhich are not characteri~r,ed as a releasc,
threatened release, or eaacerbation of Hazardous Substances.
9.6 Cleanun. If a release of Hazardous Substances occurs i.n, on, under, or above the
Easemcnt Property or other State-owned property arising otrt of any action, inaction, or event
described or referred to in Subsection 9.5, above, Graitee shall, at its sole expense, promptly
tak.e all actions necesswy or advisable to clean up ihe IIazardous Substances. Cleanup actions
sball include, without liuiitation, removal, r:antainment and remedial acfions and shdll be
perfnrmed in accordance with all applicable_ laws, rules, ordinanccs; and permits. Grantee's
obligation to undertal:c a cleanup of the Easement Property under this Subsection 9.6 shall be
limited to those instanees whcrc the Hazardous Substances exist in amounts that exceed the
~ threshold lim.its of any applicable regulatory cleanup sta.ndards. Grantee shall also bc solely
responsible for all cleanup, aci.ministrative, and enforcement costs oF governmental agenciES;
including natural resource damage claims, arising out of any action, inaction, or event described
or referred to in Subsection 9.5, above. Grantee may under[ake a cleanup pursuant to the
Washi.ngton State Department of E-coloLTy's Voluntary Cleanup Program, provided that: (1) A.ny
cleanup plans shall be submitted to State (DNIR) for review and comment ar least thirty (30) days
prior to implementation (except in emergency sicuations), and (2) Cirantee must not be in breach
of fhis Easement. Nothing in the operation of tlus provision shall be construed as an ageement
by State t.bat the voluntairy cleanup complics with any lmvs or,-Arith the provisions of this
Lasement.
9.7 Sampling by State, Reimbursement, and 5plit Samples.
(a) State may conduct sampling, lests, audits; surveys, or investigations ("Tests") of
the Easement Froperty at any time to deternzine the existence, scope, or effects of
Hazardous Substances on the Easement Property, any adjoining property, any
ot.her property subject to use by Grantee in conjunetion with its use of the
Easement Property; or any nal'ural resources. If such Tests, along with any other
iaCormation, demonstrates the existence, release or threatened release of
Hazardous Substances arising oul of any action; inaction, or event described or
referred to in Subsection 9.5; above, Grantee shall promptly reimburse State for
all costs associaied with such Tests.
Form Datc: May, 2005 7 DRAFT Easrmcnt No. 51-081557
(b) State's ability to seek reimbursement for any Tests under this Subsecdan shall he
.
conditioned upon State providing Grantee Nvritten uotice of its intent to conduct '
any Tests at least thirfiy (30) calendar days prior to undertaking such Tests, unless \such Tests are perfornied in response to an emergency situation in whicll case
State shall only be required to give such notice as is reasonably practical.
(c) Grantee shall be entitled to obtain split samples of any Test samples obtained by
State, but only if Grantee provides Sfiate with written notice requesting such - • samples vvithin hventy (20) calendaz days of the date Grantee is deemed to have
received notice of State's intent to conduct any non-emergency Tests. The
additional cost, if any, of split samples shall be borne solely by Grantee. Any
additional costs State incurs by virlue of Grantee's split sampling shall be
reimbursed to State within thirty (30) calendar days after a bill with
documentation for such costs is sent to Grantee.
(d) Within thirly (30) calendar days of a w2itten request (unless otherwise required
pursuant to Subsection 9.4(b), above), either party to ttus Easement shall provide
the other party -svith validated fmal data, quality assurancelquality eontrol
i.n.f.ormation, and chain of custody information, associated with any Tests of [he
Easemeat Property perfortned by, or on behalf of, State ar Grantee. There is no
obligation to provide any analytical summaries or expert opinion work pzoduct
9.8 Retiervatinn of Rights. The parties have agreed to allocate certain environmental risks,
liabilities, and responsibilities by the terms of Section 9. With respect t4 those environmental ;
liabilifies covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern t}le allocadon nf those liabilities. With respect to any environmental risks,
liabilities, or re_sponsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights; claims, immunities, causes of actinn or defenses relating to
the presence, release, or threatened release of Hazardous Substances in; on, under; or above the
Easement Properiy, any adjoining prnperty or any other properiy subject to usc by Grantce in •
conjunction with its use of the Easement Propert}, that either party may have against the othcr
under federal, state or local laws, includina but not limited to, CERCLA, MTCA, and the
common law. No right, clai.m, immu,nity, or. defense either party may have against third parties
is affected by this Easeinent and the parties expressly reserve all such rights, claims, immunities,
and defenscs. The allocations of risks, liabilities, and responsibilities set forth above do not
release either party from, or affect either party's liability for, claims or aetions by federal, state, or local regulatory agencies concerning I-Iazardous Substances.
. SECTION 10 PRESERVATION QF SURVEY CORNTRS
Grantee shall exercise the utrnost care to ensure that all legal land subdivision survey comers and .
witness objects are preserved. If any survey cnmers or wii:ness objects are destroyed or
disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land
surveyor in accordance Nvith US General Land Oftice standards, at Grantcc's own expense.
Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of
construction of improvements must be adequately rcfcrenced and/or replaced in accordance Arith
Form Date:lv(ay, 2005 g Easement No. 51-081557 '
DPK"'AFT
DRAFT
al] applicable laws and regulations.in force at the time, including, but not limited to,
Chapter 58.24 RCW. The referenccs must be approved by State prior to removal of the survey
corners and/or witness objects. SECTION 11 TFRNIINATION OF LASFMIENT
This Easement shall terminate if Grantee reccives nolice from State that Grantee is in breach of .
th.is Easement and Grantee fails to cure that breach wit}un sixty (60) days of State's notice. If the
breach is not reasonably capable of being c:ured within the sixry (60) days, Grantec shall
commence ihe cure A7dh.in the siaty (60) day period a.nd continue the cure with diligence until
complc2ion. In addition to tcrminating khis Easement; State shall have any other remed}°
available to it. State's failure to exercise its right to terminate at any time shall not waive State's
righi to terminate for any fufure breach. If Grantee ceases to use the Edsement Froperty for the purposes set forth in this Easement for aperiod of five (5) successive years, this F-asement sha11
terminatE without further action by State and Grantee's righ[s shall revert to State. This
Easement may also terminate if Grantee provides State xvith sixty (60) days NAxitten notice of its
intenf to terminate the Easement, in a form satisfactory to State.
SECTION 12 ORWERSHTP Ar;D REVIOVAI, OF .i1!Q'ROVEMENTS AND
EQUII'1VIENT
12.1 Existing Improvcments. On the Commencement Date, the folloNving improvements are
~ located on the Easement Froperty: The old bridte is a 478' 6-span, cast-in-place concrete
haunched T-beam bridge and A711 be replaced with a 3-span supcrstructure, abutments, and a
- system of prc-stressed concrete girders supporting a cast-in-place covcrete dECk slab -%vhthin the
same road right-of way. The replacement bridge will be approxiuiately 71 feet Nvide and 504 feet
lone.. "1'he improvements are Exisiing Improvemcnts. 12.2 Grantce-Ow-ned Imprnvements. So long as this Easement remains in effect, GranYee
shall retdin ovvnerslup of all existi.ng unprovcments, and all improvcmenls and trade fix-tures it
may place on the Lasement F'roperty (collectively "Grazitee-Ohvncd Improvements"). Grantee-
Owned Improvemcnts shall not includc any eonstruction, rcconstruclion, alterati4n, or addition
lo any Unauthorized Improvements as defined in Subsection 12.7 below.
12.3 Construction. No Grantee-O1Nmed Improi7ements shall bE placed on t}ie Easement
Property without State's prior xvmilten consent. State's consent bas been granted for the initial -
construction of any improvemenis identified in the Plan of Operations (Ex.h.ibit B). Prior to any
construction, alteration; replaeement, removal or major repa.i.r of any improvements (wheiher
State-Owned or Grantee-Owned), Grantee shall submit ta State plans and speci_fications which
describc the prdposed activity. Eacept in the case of emergency rcpairs, such svork shall not
commence until State has approved those plans a.nd specifications. State shall have sixty (60)
days in Nvhich to review the proposed plans and specificalions. The plans and sgecifications shall,
be deemed approved unless State notifies Grantee nthenvise within the sixty (60) days. In the
case of emergency repairs, Grantee shall notify State within five (5) business days of thc start of
% .
Form Date: A4ay, 2005 9 Eascmcnt No. 51-08 I S 57
- ^ LiRAFT
sucb rcpairs and shall provide State with the proposed plans and specifications for the repai.rs if
requested. ~
12.4 Performance Bond. Except in the ca'se of emergency repairs, no construction
work of any k.ind shall commence until Grantee has obtained a pErformance and payment bond
in an amount equal to 125% of the estimafed cost oP construction. State may requirc Graniee to
obtain a performance and payment bond far emergency repair work that has been initiated. The
performance and payment bond shall be maintained until the costs of eonstruction, ineludinti all
.
laborers and material persons, have been paid in full.
12.5 As $uilt Survey. Upon completion of construction, Grantee shall promptly provide Statc
v6tti as-built plans and specifications. In those cases where new improvcments are approved, or
where the location of any improvemcnts is clianged, Grantee may be required to provide an as-
built survey of the Easement Property.
12.6 Rcmnval. Upon the termination of this F.asement, Grantee shall remove or retire any .
improvemeDts located upon the Easement Property in accordance vN1th the provisions of this Subsection aud shall restore the F.,asemcnt Property to a conditian substantially similar to its
natura.l siatc prior to the construction and operation af the improvemcnts. (a) Notification. Prior to; or within one hundred eighty (180) days afl:er, the
. Term.inadon Date, Grantor shall notify Grantee i.n Nvriting whethcr it intends to
require the removal of the improvements Ar whether the unprovements shall be
abandoned in place. In the event Grantor i'ails to provide any notice of its intent, Grantee shall remnve the improvements ui accorclance ~rith the provisions ofthis Subsection.
(b) Ttemoval. In those cases Nvhere the improvements shall be removed, Grantee
- agrees to provide awritten plan, to be approved in writing by Grantor, for the
removal of the improvements and for the restoration of the Easement Properiy. .
The plan shall identify a timeline for removal and restoration, shall identify any
impacts to the Easement ProperCy, assaciated natw-al resources, or surrnunding
lands and resources, and shall identi_fy any measures needed to restore the
Easement Propcrty. In those cases where Grantor deternunes that the proposed
removal would disrupt existing state-oAmed lands or natural resources and would
be detrimental to the long term use and management of the state's lands and
resources, Grantor may notify Graaitee that the improvements must be abandoned
in place in aecordance with the provisions of this Subsection.
(c) Abandonment. In those cases wbere flie improvemcnts sball be abandoned in
place, Grantee agrees to provide awritten plan, to be approved in vvriting by
Grantor, for abandon. ment and restoration. Tlie plan sha11 identify a timeline for
abandonmeni and restoratinn, shall identify the location of the improvements,
shall propose a suitable means for plugging any abandoned pipelincs, sha]]
ide.ntify the means for notifying the public of the existence of any abandoned
improvemcnts, and shall identify any measures needed tn restore the Easement ,
Form Datc: May, 2005 10 Easemcnt No. 51-0$1557
- - ' . DRAFT -
~ Property. In those cases where Grantor determines that the proposed
` abandonment would be detrimcntal to the long-term use and management of the
_
stale's lands and resources, Grantor may notify Grantee that the improvements
must be removed in accordance m7th the provisions of this SubsecCion.
(d) Plans for Removal*or Abandon. ment. Grantee sha11 provide ihe plan for removal
or abandonment within ninety (90) days after the actual or deemed notification of
Grantor's removal or abandonment requi.rement is provided. Grantor shall then
have ninety (90) days in which to approve or reject the plan. Grantor's failure to
respond within the time a]IQwed shall be deemed an approval of the plan. - (e) Costs to R.emove Qr Abandon, and to Restore. Grantee agrees to underiake the
removal and disposa] of the improvements; or ttie abandonment of the
improvements, and the restoration of the Easement Property, at its sole cost and
expense. Grantee agrees to perform any removal and restoration activities in a
prompt and cxpeditious manne.r upan approval of any plans. If Grantee fails to
ti.mely meet its obligations under th,is Subsc;ction, Grantor may perform Grantee's
obligakions and scek reunbursement. (f) OuTnership of Abandened Improvements. Any improvements that are allowed to
be abandoned in place shall beeomE the propert}, of Grantor without any paymeut
by Grantor.
Q To the extent that Grantee-O,Arned Impravements include items of persanal property which may
be removed from the Easement Property without harming the Easement Properry, or dimimslung
thc valuc of the Easement F'roperty or the improvements, Grantnr asserts no ownership interest i_n
these improvements uuless the parties aeree othemise in -m-iting upon tcrmination of tlus
Easement. Any Grantee-Q,Amed Improvemenis specifically identi6ed as Personal propcrty in
Exhibit A or B shall be treated in accordance with this provision.
12.7 Unauthorized Improvements. Itnprovements madc on the Easement Froperiy vvithout
State's prior Nvritten consent or Nvhich are not in conformance with the plans submitted to and
approved by Statc ("Unauthorized Improvements") shall im.mediately become the property of
State, unless Sta[e elects othervvise. FZegardless af o%krnership of Unautliorized Improvements;
State may, at its option, require Grantee to sevEr, remove, and dispose of them, charge Grantee
rent for the use of them, or both. Lf ~'rrantee fails to remove an Unauthorized improvement upan
r.equesc, State may remove it and charae Grantee for the cost of removal and disposal.
SECTT0N 13 INTDEMNITY
Grantee shall i.ndem.n.ify, defcnd; and hold harmless S1ate, its employees, officers, and agents
from any and all liability, damages (including damages to land, aquatic life, and other natural
resources), expenses, causes of action, suits, claims, costs, fees (including attorneys f'ees),
pcnalties, or judgments, of any nature Nvhatsoever; arising out of the use, occupation, or control
of the Easemenl Property by Grantee, its contractors, subcontractors, invitees, agents; employees,
licensees; or pernvttees, excepi ns may arise solely out of the willful or negligent act of State or
lyorm pate: Mtry, 2005 . l.l I:aasementNlo. 51-081557
State's elected officials, employees, or agents. To the extent that RCW 4.24.11 5 applies; Grantee
shall not be required to indetruufy, dcfend, and hold State harrriless from State's sole or
ccancurrent negligence. Liability and indemni6cation for hazardous substances under this
Easement, slia,ll be governed exclusively by Section 9. . .
SECTION 14 FINANCI.AL SECURITY AiNA INSURt1NCE
14.1 Financial Security.
Except as provided in Section 12.4 above, no financial security will be requirzd for ttus
easement.
14.2 Insarance. Af its oAn expense; Crrantee shall procure and maintain during the Tcrm of
this Ea"sement, the insurance coverages and limits described in Subsections 142 (a) and (b)
belUw. This insurance shall be issued by an insurance company or companies admitted and
license.d by Ihe Insurance Contn-►issioner to do busi.ness i.n the State of Washington. Insurers
must have a rati.ng of B+ or better by "Best's Insurance Reports," or a comparable rating by
another rating company acceptable to StatE. If non-admitted or non-rated carricrs arc used, fhe
policies must comply with Chapter 48.15 RCtiV. (a) Types of Required Insurance.
(1) Commercial General Liabi]ity Insurance. Grantee shall procure and ,
maintain Commercial General Liability insurance coveri.ng claims for . .
bodily injury, personal injtuy, or property damage arising on the Easement
Froperry and/or arising out of Grantee's operations. If necessary,
commercial unibrella insurance covering claims for these risks shall be
procured and maintained. Insurance must include liabilit}° covera.ge Nvith
limits not less than those specified below:
Description Each Occurrence $2,000,000
General Aggregate Linut S5,000,000
State may impose chaubes in the li.mits of liability:
(i) As a condition of approval of assignrnent or sublease of this
Easement;
(ii) Upon any breach of Section 9, above;
(iu) Ugon a material change in the condition of the Easement Froperty
or any improvcments; or,
(iv) Upon a change in the Permitted Use.
New or modified insurance coverage shall be in place within thirty (30)
days after cbanges in the limits of liability are~ required by State.
Farm Date: A4ay, 2005 12 Easemcnt No. 51-081557
~
(2) 'Property Tnsurancc. Grantee shall procure aud maintain propcrty '
insurance covering all real property loe.ated on or constitutina a part of tlie
Easement Property in an amount equal to the replacement value of all
. improvements on the Easement Property. Such insurance may have
commercially reasonable deductibles.
(3) Worke.r's Compensation/Emplover's Liability Insurance. GrantEe shall
procure and maintain: .
(i) State of VVaslungton `'Vorker's Compensation coverage, as
applicable, 'witti respect to any work by Grantee's employees on or _
about the Easement Property dnd on any improvements;
(ii) Employers Liability or "Stop Gap" insurancc covcrage, as
applicable, with l.imits not less than those specified below.
Insurance must inclucle bodily i.njury coverage with lim.its not less
than those specified beloNv: . ~ Each Employee Pol.icy T.,imii
~ Bv Accident By Disease 13v Disease
~ $1,000,000 $1,000;000 $1,000,000
O ~ (iu) Longshare and Harbor Worker's Act and Jones Act coverage, ~ as applicable, with respect to any work by Crrantee's
, employees on or about the Easement Property and on any
improvements.
(4) Builder's Ftisk Inswance. As applicable, Grantee shall procure and
maintain builder's risk insurancc in an amount reasonably
satisfactory to State duri.ng construction, replacement, or material
alteration of the rasemenl Property or unprovements on the
Eascment Property. Coverage shall be in place tuitil such war.k is
cnmpleted and eNidence of completion is praNided to State.
(5) Business Auto Policy Insurdnce. As applicable, Grantee shall procure and
- mai.ntain a business auto poliey. The insurance must inclucle liability
coverage with limit,s nat less than those specified beloiv:
Description Each Accident
Bodily Injury and Properiy Damage S1,000,000
, (b) Terms of Insurance. The policies required under Subseclion 14.2 shall
name the State of Wasb.ington, Department of 'atural Resources as an
l additional insured (except for Statie of `Vashington Worker's Compensation
coverage; and Federal Jones Act and Longshare and Harbor Worker's Act
Form Date: A4ay, 2005 13 Easeme.niNo. 51-081557
coverages). Furthermore, a11 policies of insurance described in Subscetion
14.2 shall mect the follo"ting requirements:
.(1) Policies shall be written as priniary policies not contributing with
and not in eaeess of coverage that State may carry;
(2) Policies shall expressly provide that such insurance may not be
canceled or nonrcnewed witb respect to State eacept upon foriy-five
(45) days prior written notice from the inswance company to State;
(3) To llae extent of Statc's insurable interest, property coverage shall
expressly provide that all proc-eeds shall be paid jointly to Statc an d
Crrantec; (4) All liability policies must provide coverage on an occurrence basis;
~ and
` (5) Liability'golicies shall not include exclusions for eross liability.
~
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(c) Proof of Iusurance. Grantee shall furnish cNidence of insurance in tlie form of a
Certificate of Insurance satisfactory to the State accompanied by a check list of
co<<erages provided by State, eaeeuted by a duly authorized representativc of each
insurer sho-wing compliance with the insurancc requirements described in Section
14, and, if requested, copies of policies to State. The Certificate of Insurance
shall referenee the State of Washington, Department ofNatural Resources and thc Eascment numher. Receipt of such certYf cates or policies by State does not
constitute approval by State of the terms of such policies. Grantee acl:nowledges
that the coverage requirement.s set forth herein are t}ie minunum limits of
insurance the Grantee must purchase to enter into this agrcement. 'Iliese limits
may not be sufficient to cover all liability losses and related claim settlement
expenscs. Purchase of these limits of coveraee does not rclieve the Grantee from
liability for losses and settlement eapenses gneater than these amounts.
14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance
described above within fifteen (15) days aftcr Grantee receives a notice to comply from State,
State shall have the right to procwe and maintain compardble substitute insurance and to pay the
premiums. Grantee shall pay la State upon demand the full amount p'aid by State, together with
i.nterest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure
until Grantee's repayment. . SECTION 1.5 TAXES ANrD ASSESSNIEr'TS
Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind
whatsoever levieci as a result of this rasement or relating to Crrantee's improvements constructed
pursuant to this Easement. '
.
Porm Datc_ r4ay: 2005 14 I:ascmcnt No. 51-0815 57
~ SECTION 16 ADVANCE BY STATE
If State advances or pays any costs or expenses for or on bekalf of Grantee, including but not
lim.ited to taxes, assessments, insurance premiums, costs of removal and disposal of u.nauthorired materials; costs of removal and disposal of improvements, ar other amounts not paid Nvhen due, .
Grantee shall reimburse Statc thc amount paid and shall pay interest on such amounl ai the rate
of one percent (1%) per month from the date State notifles Grantee of the advance or payment.
SECTION 17 NOTICE .
Any noticcs rcquired or permifted under tWs Easement may be personally delivereci, delivered by facsimile machine, or mailed by certificd mail, return receipt requested, to the followi.ng
addresses or to such olher places as the parties may direct in writing from time to time:
State: DEPARTMENIT OFNIATUTLAL RE-SOURCES
Aquatic Region/Rivers District FO Box 280
Castle Rock, WA 9861 l
Gr•antee: CITY OF SPOKANI- VALLEY Ll wp ZA F T
Public Works Department ,
11707 E. Sprague Avenue, Suite 106
~ Spokane Valley, NVA 99206
A notice shall be deemed givzn and de]_ivered upan persnnal deliveiy; upon reccipt of a
. confirmation report if delivered by facsimile machi.ne, or diree (3) days after being mailed as set
forth above, whichever is applicable.
SECTION 18 ASSIGNi1EN'T
Grantee sha.ll not assign its rights in the Easement or grant any rights or franchises to thixd
parties, withoul State's prior vvriiten consent. State reserves the right to change the terins and
conditions of [his Easement upon its consent lo any tissia ment.
SECTION 19 SUCCESSORS AND ASSYGNS
'1`his Lasement shall be binding upon and inure to the benefit of the parties, their successors and
assigns and shall be a covenant ruuni.nb ~~1th the land.
SECTION 20 TIME 1S OF THE ESSENCE
TIME IS OF T.HE ESSENCE as to each and every provision of this Easement.
Form Date: May, 2005 15 Eascmcnt No. 51-081557
SECTION 21 RECO1tDATlOr` -
,
.J
Grantee shall record lhis Easement or a memorandum documenting the existence of this
Easement in die county i.n which the Easement Yroperty is located, at Cyrantee's solE expense.
The memorandum shall, at a minimum, contain the Easement Propcrty description, the names af
the parties to thc Easement, the State's easement number, and the duration of the Fasemenl. Grantee shall provide State with recording in.f.ormation, i.ncludi.ng the date of recordation and file
number. Grantee shall have tturty (30) days from the date of delivery of the final executed
agreement to comply A1th the requirements of this section. If Grantee fails to record this
Eascment, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand. SECTiON 22 APPLICt1RLE LAW A.ND VENUE
This Easement shall be interpreted and construed in accordance with and shall be subject to the
laws of the State of Washington. Any referencc to a statute shall mean that statute as presently
enacted or hereafter amended or superseded. Venue for any action arising out nf or i.n
connection NN7th this F..a,sement shali be in the Superior Court for Thurston County, Waslungton.
SECTIUN 23 MODI.FICATIUN
Any modification of this Easement rnust be in Nvriting and signed by the parties. State shall not be bound by anp oral representations or statemcnts. _
SECTION 24 SURVIVt1L A.ny vbligations of Grantee which are not fully per.f'ormed upon term.ination of this Easement.
shall not cease, but shall continue as obligations until fully performed.
IDR~
Form Date: May, 2005 16 Easement No. 51-081557 -J,
~ SECTIOY 25 IYVA.LLAITY
If any provision of this .Easement shall prove to be invalid, void, or illegal, it shall in no way
affcct, impair, or invalidate any other provision of this Easement. .
THIS AGItEEM~.`NIT requires the signature of all parties and is executed as of the date of lhe last
signature below. '
, CITY OF SPOKANTE VALLEY
Dated: .
i3y: David Mercier
Tide: City Manager .
Adclress: 1 l 707 E. Sprag-Lie Avenue, Suite 106
Spokane. Valley, NVA 99206
STA'IE OF WASHNGTON
DEPARTMEN r Ol NATURAL RESOURCES
Dated:
~ By: DOUG SUTI-ERLAND
Title: Commissioner of Public I.,ands
Address: 1111 Washington Sireet
Olympia, WA 985()4
Approved as to Form in Mdy, 2005
by Joe Panesko
AssistaLit Attorney General
State of Washington
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Form Dale: May, 2005 17 E:isementNo. 51-081557
REARESENTEITIVE ACKN0WLEDGMENT -
. . ,
STATE OF WASH]NGTON )
) ss .
County of ) .
I certify thal I know or have satisfactory evidence tllat David Mercier is the person who appeared
before me, and said person ack-nowledged that (helshe) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowlcdged it as the City Manager of
City oP Spokane Valley to be the free and volwstary act of such party for the uses and purposes
. mentioned in the instrument. ~
.
Dated: (Signaturc)
(Seal or stamp)
(Print-Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires
~
Form 17ate: May, 2005 18 Easement No. 51-081557 -
i~
~ STA'TE ACKNpNVLEIlGMEN`F
57'ATE QF WASHTNOT0N ) ) ss Caunty of Thurstan ~ I cerkify that I~cnov~~` ar have satisfactory e~~I dence that D{)iJG S U7I~,i~~D is the person who
appeared before me, 8rid Said,pef5o?i aCIC?IOWledged #I7&t be 51goed thJS i.rlStTlLneni, on oath slaterl
tt18t he W8S 8llthQ1`iZed t0 CXCclite ttle. 1l1StCL]l7lefit md aCkliOWledEed lt aS tbe CoT3]II]]SSJOner of
,
Pub12c Lands, and cx offl adm.inistrator ofthe r]epartmen# ofNatural Resources of the State o#` I
Washington to be the free and valuntary act of such party for the uses and puiposes mentioned in I
th~ in~Lrument, ~ I
.
DR .
Da#ed: .
(Signature)
(Sea.t or stamp) r
~ (Print Name) Notary Public in asxd for the 5tate of
Wa.stvngton, residing at
_ My appointment expires
. . FnrmIlatc:May,2005 19 'rasemenlNo.51-081557
~ CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: April 22, 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: Proposed letter agreement for lease and concessions at Splash-Down
GOVERNING LEGISLATION: RCW 35A.11.020 • _
PREVIOUS COUNCIL ACTION TAKEN: Study session April 15, 2008.
BACKGROUPID: Spokane County entered into a series of agreements with Splash-Down for
construction and operation of a water slide business, as well as a separate leass for parking
across Mission Avenue. Those agreements expired due to passage of time in 2007 when
Splash-Down did not give notice of intent to renew. On April 15, 2008, the consensus of the
Council was to put the agreement on a future agenda under Consent Agenda.
~ OPTIONS: Approve as drafted; instruct staff to provide additional information.
RECOMMENDED ACTION OR AAOTION: I move that we authorize the City Manager or
designee to execute the proposed 6-month lease and concession agreement.
BUDGETIFINANCIAL IMPACTS: All of the budget impacts have been previousiy considered.
STAFF CONTACT: Cary Driskell, Deputy City Attomey; Mike Jackson, Deputy City Manager
ATTACHMENTS: Proposed letter agreement; Water Slide Agreement; Parking Lease
.
SPIF)lZane
e
,,;oOValley . 11707 East Spragu.e Ave, Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org.
.LETTER AGR.EEMENT FOR SIX MONTH LEASE
AND CONCESSION AGREEMENT -
Splash-DoNvn Concessions, Inc., (hereafter Splasb-Dowm) and the City of
Spokane Valley (as suc,cessor in interest to Spokane County) were parties to a c:oncracl
cntitled "Water Slide AgTeement", entered into on April 17'h, 2041, effective July 26,
2002 and tcrminating July 25, 2007. The affccted properly for the Water Slide
Agreement is located at 11423 East Mission; Spokane Valley, WA. The Water Slide
Agreement is attached, and incnrporateti by reference as if fully set forth herein.
Section 2 of that Agrecment rcquired Splash-I7ovvn to pro«de the City AZth six
months ~Nqitten notice of its intent to renew the lease for an additional five years. Such
notice ~~~as due to be recei~~ed by the City no later than lanuary 25; 2007.
' Splash-Do,An and the .City are alsn parkies tn a park.ing lease for the currently
paved portion of the property located immediately soutti o#' the existing parking lot for
. Valley Mission Park, on the south side of Mission Avenue. -That agreement is entitled
"Lea..ce Agreement for Parking Lot", adopted by Spokane County Resolution number 01-
0739. The Lease Agreemenl for Parki.ng Lot is attached, and incarparated by rcfcrEncc
as if fully set forth herein.
The Parties desire to enter into a six month lease and concession agrcemcnt, under
all of the same terms contained i.n the Water Slide Aereement except Section 2 relating la
term, adopted under Spokane County Resolution Ol -0313 on April 17, 2001. The parties
also desire to enter into a six month parking lease under all of the same lerms contained
in the Lease Agreement for Parking Lot, except Section 2 relating to term. This L,etter Agreement shall be in effect on the date the last signature is affixed
hereto. • .
Any refErcnce to Spokane County in thc Water Slidc Agreement or Leasc Agreement for Parking Lot sha11 be construed to mean the City unless the context clearly
requires otherwise, including notice provisions. .
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It is the intent of thc parties to immediately begin negotiating thc terms of a
potential long-term lease and concession agrecment
Executed this day of 22008.
C1TY OF SPOKANE VAL,LEY SPLASH-DOWN CUNCESSION,1NC.
Ciiy Managcr GeoffKellogg,
Title
Office of the City Attorney Melissa Kellogg,
T'itle
.
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~ ^ } REtuC'92 t0: , .
. . ~ 1 0313 ~ w~TF-R sLME ~IG~~MKNTT
THIS AGREE14INT; made and eater°d in-to this day 20a1 by and ,
, between Spokane" County, a golitical. subdFVis-Lon of tIie St3tz of wazhin~n, hzving affices for th!: • tr-ensactioa oi business zt 1116 -W-m- BroadRmy Aveaue, :Spokane, W?shir_,gton '99260, hertiaafbec
refer~ tio Zs `CA"'Y,f, ~d Splash-Dafvn Concessions, Znc., ha~iag a~ice, Fo_ i~ ~ansactl4a ai ,
''uusriess, at 12 i27 Fa.st Pipar Road, Spokane, ViTashiagton 99207, hrrez:aa#ter rererred to -a.s the '
"I.BSSEE, " j oi~ ,'-IY, herainafter rei=rad to along wizh :hL GOi1?NTY as thi "PARTFES.° '
n - . , WITNT~SSETH: : , .
~ ~ .
W$MAS, -pmuulit :o th--- protiisians o: .the RCW 36.32.120(6), the Board of Cflunrd .
~ CQmmissianws af Spol-me Com. ty -has the care of Ca1.IIty -prapert3' aad_,h e man3geripa} of afy um cs
. zD-dbusi~-iess; anr . . - . - • . • . :
WFiERL4S,.pirsuant to the provisicns of RCW 36.6-8.010,'a cow-►ty I~may leasz: or se?1 any park . .
pmperty, bLildings oz -fac,~jties s~~lus to iLS neads, o; no longer suifa.ble for p~k putposes; and. .
• . VV]XRF4S; puruan.t to the grovissons oi 8ook=-. Couftty Cod° S°ction 1.55.140 et seq. he
. Board oT Couniy Commvssimers may Iease coun:y ovrmed piopti-ty; an~d , . . ' -
• SERF_4,S, Spo~ County is.the awa~ of V2I?ey ~1issiaa Pzrk, Ioc~~d 114?3 Fa,--t
W' M~ioa, Spokane, Washing~ 3nd . " ' = • . - - . . _ .
_ VYHERT~S, 3 certainpartiOn of V21.Iey MiSslion.F2xk was declared surplus to tne p:Lseat and iores.ez.171e need of 5zroIKm-.*'Gaun#~. b}~ th~ Ba~~3 0~ County C~~a~issian~s of Spo~e County
p11z5lFin# tfl -ReSOlutlOII N0. 82-0350; and . - . ' - . .
' • - . ' . WBEItE45, pursun: tu _Resoluti4a ?vo 82-0-49-1r, tae 3oard.oi Cot:nty Commission~.~s ~i-thorized 'execution of aWAiz!r Slice !~e~e~ w-ih Spia.sh-Down CenGrssions, T~., pnrsuanftfl
-xhich SpIashDown C-Dw6essions ?eastd a portion.orVaJley Mission ?ark'-for a period 0f ten (10) years Eo.
{'.0TI:5t7dC`t aI1C1 DPwGti 3 vv :tP.f 511 M-, and . . • . • •
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Pege 1 oi 14
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WHERS. 4S, gurumt to ResolEtion Na. 92-1018, the Board bf Co=ty Gom-Missioners
.a!thari?ed ex,:cutien of another Wate: SL'+de 4g_-_merrt wfth Sp1ash-Doun Concessious, Inc., -par~2ua-it to
. rrhich So1ash-Down Concessians leastd a paTtion oi Va2b_y ifission Park ior a s~bscque'nit ter,n crr te-m
(10) years ta op&at-- a waTw 'sliae su;h lmse tF ,m'neizgr on JWy 2:5), 2002. Saiti Agmemcnt in Se~tiDn
. No. 29 ?ro Yzdes that ~f: rcme rgaybt mio dified with the sa.me foru-qtiitics as -the mitiaI Amemep-z an3 •
W=REAS, th° Partfes desire. to modiiy t~t ag=m.ent datte3 Yuiy 21,1992 and exec-liLd urider
Resolt6on ?rTo. 922-I1)18 by 'execufin„ z new Festt..d Wa~~_~Iide Agr+°°•.•PeT=t which inLludes ceAM
modiliej te~ ns, inrludin; among ofhL=s a new t--m pd fet(s). .
NOW, M-.REPORE, ior and L-~ consideration a£ tEke MLWal proraises set foth hertin the •
. PAR`TL•:S b=to dp mutu--alty agree as follows:
SF-CIION 1: SUTJ-FCT AND PURPOSE : . . ' . : .
. . . . . . .
Tae COUN'?"Y leases to•LESSEE, sub}ect to tLe ferrs and cond.ibons 'herei~t contained, certain reai proper#y iz. VaIlsy Missim ~ark locai..d at 11423 East Misafln,. Sptil-sne, Wzsh-ir-;ton, aan more
.
• p~--Eicularlydescnb-.dEs `illows: - • • . . • - • -
• , . • ' - " -
. '1'hat pnrtion af $Toclz; 72, 75, 76 lyi~zg Souih of State I~ighvvzy a'Bloclc~ 78. 79, 81 and ,
' 9?-aflin Piriecroft First Adi~-tio~ according to plp-t her-~f reco-tled ir 3aok "M",oi Plzts; P3ge 35 ~
,
Spokane Coun.i},, W?; ;ngton. Togedhar with thet pariio-i oi vac3ted Jahnson St adjain~lng szid .
B1ocI3.
Fxcept t'sie West 114 :eet of said Biocls 72, 75, 78 and 81;'also excepi the East 346.7 fzet .
of said 3lo6z 75, 79 and 822;.slso eaccLpt ~,ha.t piorEon aY said Block 82 and vacafed Johnson St., . .
includCd wrthin the exis~g tennis•co,srts. ' ' • ' • . '
" • can+a' 2.56 'acres more or less. _ : - ' . . • - hzreinafter refcrred #.o a; the "Premses° iar'ihe ptl-pose of cati..~cting and operatiag- anly a'wSter s1ide. ,
• or slid~s md related lmds~.ping.• wes.. T'he -COIJI~~'Y•sI~aII urovida LESSEE ail taecess~Ty e~enn~r~ts
ceasoiiaDly requfred by LE-S•~"'.E t0 3CEe55 the Prerazs°s.. : • ' ' . . • , • . . , . .
SEC`ITON NO. 2: TFRM . ' . . . '
. ne imitial ~+.era oi this Agr=ment shall be for five (55) Year-b co=encing on 3LIy-.26;. ?np2 and .
;ejm;n~;n2 oz JuIy 2 5, ,2007. This -A_?reenmt~-atdhe option of the •LESSEE ma~J. 4e renruvved For an' .
'
additionzl Fave (5) Year. crne,frme cflMMM:.-~ing an July 26, 'ZOOT c1d teiII]PsiCp_Q an auly 25, 2012.
.Pro-~ided, howiver, ;he rmeusIs shaIl be s:*ect to aI1 piov3sions' sett iorEh btrein. LESSET. shail ' indicate S a L*~tegt to rm-.w :his Ag:e~m~nt by givinD the COt~1Y six-(6)mfln,,hs vvTi:ten noYictpnar.to .
the ZLd JI fi.hE ffi?W,,31 tEL~.~i . . . ' . • . ' - . .
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~ BECTION NO_ 3: C,~NSTRLTGTTON OF SLIDE
- LESSEE, a# ats sol_- expmarse, shall corssg-nct, averata, an,d maintai..~ upon tiie Pre-TrIlses a wat-er siide or
' sLie-.e;, t,ogtthrr wit 2p:ropri-alt fc~l--M& support sfna.ires, 3-in& splash pool,. ar_d 0 reteud
%,~ciLtics ~.d e.~up~`'ent No ~Ia~~. or m od:jication or i$e p!a.ns a~d sp,.°c~ca~oas s~a~i~d by
i
• LES=Q ta ffis COLTN TY and incoiporated brereffi by refercnce -zhp11 be -,ad-- unIess fir~ P-p-proved by
:he COTi-NTY. s ai auy.t~ime (iuring tbe liie of this Agra-amnent the LESSEE ikils tfl i:se th-p- ire=ses •fot
the purpose o'T 00ns-~rafion ~nd og:ratibn oi a water a].idan or slides, wifhout fatt ohb.iniaa p-_I=:sS10I1 LTl
writmg fron the CDUNTY, thiss Agree?ncnt may a# the COUN7.'Y'S optinr, he tmmina7tttt. .
. if ~ LESS..~E desires to add adda-i-aiial j'-lt,rn~;, apparatuss o-T otber rtc:ezional itea*.+s ~x i2--diliries otber •
Am thosti originally groposed, iESSEE shall B,7t obtin aermis'i9n nrom the COUNZ'Y. . SKCTZON NG: 4: OPERATIO-Tq OF- MIDE. . ' • - ' . .
. Drsring th° term oi thLs A.;lvrizniennt the l..ESSEE sha1 initi-Pre, cantzct for and obtain i-a its on--i; and -
,ffly and prounilYpa:y' for aIl water, gas, sewer (Excmt as s_t fcrth i-n Section No. I 4), r=fjj3e,:elecXjcity,
heat lights, powe;!~ i`el_phonti sennice, aad aD otl~ public utilities oi ev~.~y 1-ind Runished'tfl tE~
Preraises thIOUghou[ the t-rm Ytereo ; aad zll othe-,'cost and' expmses oi ev?_ry laad wbazoqv.-r of or in
~.cflnne tian wi#h the use, op.,^rati4n and mainterancs of he Premases and zl-I acti;rithes condLCte1 dxereoa
and the COUN'i`Y_sha?1 havs no responsibilaty of any kirld whatsocver far any th°rzof. .
LESSEE,sha?.l One-z... slid.e S~-.public use during s~ci mo-~ ¢nd ~fl~ ~..L d-s.~ope:,
_ .
-oLoYided, h~aeves, ffi-dt hoars•oi oDer~~DT-is~llcaroRly :.taeitha ~-pro-y-mons as seL forth in Seeiion
No: 32 (L.gND USE ACTIOiJ) af ilh~s A.greem°-wt, -scacb hour cF opeiitioT~- which May be impased in
cozjuzction 'Xi~~ any 'suL,sequmt 1~_nd use action; if arry, er Spol:ane eaunty Code Section 6.14.{}60,
rvhich evzr i.s most rti:5trictive. . . . . . ' .
'No adver'~issi.~-~g s~ll b~ incrfbeI, p'~~d, afrxee, or Lisplaye+3 on •i1-.~e Pie_n'~s~ Fv~~h.ouL tit pnc~r.
Eg .
ap~oval ~of COUNTY. '"'ae pL:rrwse oi tis ~ro~4sion be1T1g r.A =Sure d1i-rt the •LESSEE does aot .
I-Allize or eisplay ~vor'asing :lat may be oaens'we. io die COUNTY o: th°..citizcns theeo£ I.£S,EE
shall not durrim;w_,te'3;~ any =pjojrec or Q-pp?imzt :or cmp!oym=-it., aT patran an the grouads of
• race, celor, szx: a"ona1_.arign, creed, ma.riffil staits, agy or,presenc~ 'of iuy sensory,. m:Ltal or ph3rsical .
~ed guide dog or scrrice doc, by a dasablea pm-son. • . . .
iizzidicap or thee _ase oi
' SECI`ION 1NO. 5• FE-E . ' . , • ' ' - . . .
. The LESSEE shall prn-y tfl the CMNTY IOZ thE T1i3tW•=j ivI2~~P~~ syTII15 OI t15 Agmmcni 2ffeC of Ten .
percan4 (10%) af grQSs _ev;nLe Lm to S304,004, mia flYe (5) b i7e p°rr1Mt Di gross revvznue'ik excess,of
S300,000. For the p~-pase of #lvs section'fhe i.~t~nfllogy goss revenzse s'naIl iaclude-all rzv-enie derivLd &om opwatian oi the sLdt-or sLdes, shei_t..~ rpn~ and mv atlierrzcreaiiana. 2pperatus oT the P_vmLses.
• Lt shal-I not i~.clude ~vennle dcrivec fram conrrsucns ffiit are•saparate addressed ia Sec#on'Nk. 12. .
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• ine ~erae~stage a?es shall bL paid Fithin :cn (14) &a-js aftdr th-e end of eacn c4endas inoa~ duT-;ng which .
~ the;c fire gross receiprs kazn. the op°ration- 'of tne slide ar siides, oTher re=ztioiIal :ppe:atus,• ar faod
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concessions. • . . - - - - - _ ' . - . Pal g= 3 at 14
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~ Witbh sbcty (00) eays aftc,- :he close of "ith- ssde aperstin; sw4on, LESSE-7' sh211 deijver to, the
CGUNTY a statem.-nut ot i~ grass receigts, gclvd.ing supporti-ng docu=tz6on, som LESSEE'S
• operauons on jhe Premises, se=g out manihjy goss raw,ipi r:gxes ard ptrcenLge- fee computa-sions faF
He entuz operi~g s°,asan. Aduao~lly, ~s `ue :eque~t oi ~e Cflt3~I'Y, the LESSFE sha~ pro~~de a
Finzacial ST.p-temenat Aciair p_p2red by a efualiffied CPA an e=ch 3i°a,..ss o~±~. _
- SECTION 1V0. 6: INSUR4NCE ' . . ' '
.-Du.ni-g thL pe?-iod of tiis ;4.gree.nent LESSEL shall carry and Imep rn farcc, ai its -sole ~ense, a ' camnerci31 general liabilifyn,~ce.policy vrith minimum. iim.its of $1,000,000 ger occ~~=ct with a
$3,004,OO0-a..,-grp~'~te ior bo3~~v and $1,000,400 pe: occuT:eace For pr~p'ttE-y, d3m2ge. 5aid poli-cy
;hai13: written by a seliable in-surance company or campani= and shall pTov-ide that sazd polieyt shall not •
. be canceieci, mztedatly ~hangad -,Dr not rene~--d without 30 ciays pEior notice thcmof to the COUNTY. •
The OOU-N-I--,' resdrv.-s the ;_-ight tD approve tbe LESSEE'.S insu3anve cairier(s). Tbe CQUN'TY shal•1 be
named €s ~addifiorr.-i nam--d misumci in all su..h 2olacies md th-e LESSEE sh2E! provide the COUNTY
wi#h cardfi id cogics o€said co-wrz.ge prior.m com:.-ze-acd=t of operation oi the watx slide. ,
On Januery -Ist oi m:h year that tEus Agraement is' in zIIe:-,'~ the CD[.NiY.agrees to contact the
• COL3'NTY'S insumce braker and ohtain an acMarial aewZew o€ cfatzT sii& coverage and cla:as a.
reS6tlt Gt SLtCil actnariai T°view, dm PA_~TIESmay mutup-Ily am-ee to modify" the corn-rn ercial ginera!
liabiL'~ iasus-a-acce policy provi,ions grovided iflr htrem: . . ' " ~
The LESSEE shall provide WIl frre insurance ou thc Premises aad peronal proper"ry' tbat LESSEE moves
. onto ffie PruErs es 2nd any casuaify insuraace (iesired by IESSEE both aL the sole expens: af T ESSEE
. and Ehe CO[JITtY shotrld htaim no r~spansil)il~-'iy atsoi°.vL'I f1L'..'EOTe. ' . . SECTION NQ. •7: DMEI4~CAT`ION " - . - ' . - - .
.The COU= s}xall aot be Lia.trle fior. sny loss,' injur3', &afb, or da-nage fo pa-sons ar propei-ty . ,
' winica at any dme may be su;s=e:et1 crL sustiinedby LESSEE or by &tzy penoa whosoevei may at my 'Li.me
ba as:.ng;or occuprImg or vi-ti-djig the Premises •ar be ia on ar abocit the same, whether P-ich •Ioss, in.Jui3', .
deatb, ar damnage s+zii be causrd by or ui •any wey resUt n'=* oa a.sise a.t of any act, ornission, ar
negligeac5 of_#he Lr.SS' oF'n.i-any occu?3ant, st6--tenmt, vi.~ i.Ar, t15eL, ot ~3attOn of any•}70rtiOil oi tne .
Premi;ss, oi sh?ll result Lrrum ar be caus-ed by any a-Fhcr matt r or ihing wh,-&er of the sa= 1cind as, or of
• a c€iaarmf idna Lhat fhe na`ters or set forth abovz:, arid i.ESSEF_ sh~lI indedhdfy fHe COUiNI'Y
. against ail clGiuzs; liFbility, Ioss w damage-, wha.tso:ve~r on accocsn: of any, such•loss, injury, de..th ar
rian,age. LESSE£ h.,-Leby %^&liv;s aIl cl~ir~ a;~st tTie COUNTY for d=,Ages :o the buldL%a aad
, ~raver•.~~~ ~zt a~-e ~o~r o~ ar• ~~ter placed •or bui!t oa.-th~'Prea~i.~ and to thL property of
IYESSE1 in,- or about the i re=ses, and f'or injj.Lry tfl .persons or p:ape-fy ;ii or abol-it ~.~'►e Premises, irorn
' any cawe-ari.sinng 2t any 0ne dilzing the tf= hereaE, the eivizl; flf this waiver being onc.oi the conditions upon.whi'..h :hi_. AgwmenL is, eacvCLted' by thhP COLIN'FY. . . .
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SECTION 70. S: SL-EDE 0WNERSHT
rf is =dp-rstood 3~a~ tl2.-- water s-lide is a proprie°tary pro&-,,-t of 1il2er LESS'jE. -1he COLT=abtzi:s no infL-:e-t as 3 partt oi this Agreement and may no: use -my of i-ts id.eas, roncepts, stiictzes or - ' commnents w:~ti~ut- te:..xgrass conspnt o#'LESSEE exc=t a8 -proviaed ber=~inaitr--. .
• ~GTXONN0.4:OWI~~.RSHIP O.FLMPROV~MEN'~S . . . • . . . - .
AJ1 irpiov4meras and equipnaent piaced on thL Prtr3ises by LE.SSEE*sh:11 be a~d remain;thP praPeitj' of
LESSEE, and th.- C0UIv7Y sinalI-ha -Yre no in~.~sest derein eaccevt zs provid°d her~bia-fter.' .
. SECTIOIV I1T0.14: T ER1YUITATION ' ' . ' . ' • - . , '
I-a adQition t4 alZotlier riEiits and remedies, v:,hichth-^PARTIES -may nave h~en o-r at law, dit PAR'FIES .
may terminat!,- #h3s Agretm,°ut as €oilows.: • . . . . ' • . . . . .
. By LESSEE:- , : . . . • , . ' . . . '
L1is Age-e-ment may ae .#airinated hy tne LESS= ilpon 30 days v.~t~ notice to the CQLfNTIY ~ - uDonth--Irzpyr~~r~ng oi any-one of the following eve,ts; • . . - , .
1. The dtr3l1L Di Spol=e CaLmrf - in '6: of any: condi~iags ar zov--.uazL •
4 j ' hernin rec,~-ed to be p°t=ormieQ by tht COTi-N'IY and fl~e faiiurz! of tbe COLII1'I'Y to F&-Ttady
..f such &.fauli w-ithin a -o M`od of 30 da}5 aRer the r~cip# f rom •th° I.-F.~SEr, -a f w-, itten, noti ce
•fio rtim~dy t.h°: s:-ATn°; .--)rovidad, -hocever, that no nctic~ of tcrminaicsn as hPreia oravided' .
. . ~.~11 be of ~y~:orce ~ ~e✓t ii -~e COUrIT'Y s~l have remPied ~e deizult pior to ~e •
. . e;Tira~on of such 30-day periad, or,ii the nitu:-e bi sur-?i d.-tault_ is such that a period in
• :.xocss' oi 30 t2ys is nccessay n order for•the COLTNrEY bo--dure tlze deixtilt anid serll • dilig-untl}f continue its eiiorks to correct b-ach defa,-it In;uch event, thp E(}t7N'I'Y shail have
' stveh time as is r~asonably reguiv--d to- c~e ~he d~L~fi ' • - .
2. The fa-1tze b e°rive ggzos~ r5~eiDts frvm 6aeratk)n of tb-- vracer s!ide. of at deast S125,000 in
any opemun; season. : , . ; . • - -
, By COTJ.NrTX: • . . - - . .
his A~~~me~t ~y be termiaated by Sp~+kane Ca-~ty ~~►e-~ 30 ~3y.s ~C~
T ft no~ re tb the TLESSE : i2-6= t1e h3PP-maiT 5 OE aIly Lri1-, 4rthE fOnOvJilig 2.T£'S. . . • • ' . ' • . . .
1. ' i 1e ialflLTc of the LIESSEEZ ta ma.lx any payn-.~ts oi m-a;sey as raquirtrd.~rleun•,. • aAl+or _
raceaving tem iays wtiLiBq IlOtiCB OY Iti`.3 S3TELffC f0 afl-y S4.LCI2 m4n°y.
-I-hP -fallli p- 0? LE55EE to den-ye g055 TeceIptS ^TDm dpkT3t1Cm- of th. -a Wct.t'!' Slide.2# 1e35T. .
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~ . 5125,000 in auer€tma stason ar 2mmi;,,,,;,, p1y-mcut of $ 13, 000.
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. ' 3. -A-b2ndmnmat at the .r'~v-nises by the LESSEE andlor the Con '1j 1 e of unauthorized
. • variaao! Df c0nduC$ 2zd 6j]faeiElom oZ the bl15FgeSS reqL11Ted hareuzo~°F for a period oi five
cansecLifive. days. Provickd, Iiawevt~ `~t the CV Uit' 1 Z bndPlDlan.ds and agren-s thp-t
. LESSEE'S oo-=tioIl, is se,---sorai and- closing the Pr--iises i0I "e}1r- SEasrJ12 4I ir-teFi FIptibIIs" .
- in ffie aperznou, af the Wattr sbde due Lo weather oo:ditions or regair shaR nat
cdisfitaffe ag a`c&qdcament oi the ?rmmisms.
4. '1~tv uPfault oi LESSEE in the pr,rfaFmnance of any tc=nm, c6ntiitians or covehants her_in .
, 'r~quired to be per~a2mea by the LESSEE and thL fa.'lure of. ~he LESSEE to reinedy sucH._
o~.ce to .~°...~edy~ ~e safie.
caefault ia a period oi 30 ~ys sfier:rereipt a:• wc:~Ln ri
?~vide~,'bawc-,--r, thatna natice oi t•ravn~on as ha?-ein prTrid--d sh:ll be ai amy fQrce .
or eaect ii LESSEE shall- aive remedied•the defaLl: to the sole sarish.cdoa of the .
. COUNW psiar to the exgir3tioil of -,-mh 30 days period, or if fhe nature ai such 3efault .
as such ±at a-aeri6d iu excess of 30 caays is necessaiY in arder ror L.ESSEE ta cure suic h
detault. Fnd i.ESSEE sball hr--vL:,co,-nn6nced A cure the defauit ~d shaIl d:3igently
• cancinu~ its efiorr, b_co--,ect such dPfzulZ In such evmt, UESSEE &ImIl .ha«° simb tnie
' 's v ressanab?Y ra~;ired tD c=.the &fau.tr. , . . . . - .
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fz the event of t=minztioa oi the Ieas= zs pFovidzd herein the PARTTEES sMl 'have their remedies
, accarding to law• ?si.d in addttion shaH havz the followin3 iean.edies:
By LE3SSEE: • • - ' . -
In the ev-.n# oi.ttminzadm by LESSEE, aLd °xeepi es -P_ovided her•sin LESSEV. shall bave t1he
' right i-o remoce the -;ster sIide, reasovabie supparang stru.tarzs; bualditgs and ofler .
irimrovements placed uoan, th-- Prcmises, by LESSEE at aay tirte wiEhin 12(T' days arter such - •
' term.iz3tia n: IES4EE shII rasLore th.e Premiscs to i-~ original condit-on dtir~g
• fra,mle aLowed ior re~o-val of s_he structure. ' _ . • '
' . . . $y COU?S"rY: - ' . - ' ' •
, Tn #h~ evegt of te-mmiadian by Spokane Co~n#y as provided'hereira flr at ~e end of the t~i of thys
Agr eemcnt -th s COUIi~T~' shail hawth e •rigoii for a- peTiod oT 9 0 .da} 5~~armiation #o ' -
p~~+se ~e r~~ sli~, suu
por} stru:;fti~es, buagars aud athvr improv°ments from t~c LE55EE ' . ai a~~c~ rfl be ~~y a~reed upara. I;~ ~e ~ve~L the COUN'TY s'~all Aot exerc:se i~ rghi tfl
" pur+.h,-Lse the water shde, suppart'stuc-airTs, buila"mgs and'othcr -Trovements -wiffn "rhe 90 '
days pera4e, the LESSEE sh-,ll rmove the sane wsthin i?fl days F-ft--r die exp'iration of such
p ;od ~d re-tore tbe Pr~sises to jLs ari~al_aoneition dtsiz~ the 5ame ~~i~ fr~e. .
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i-se e-v-erit o? a;er~icn r"or =y, :eason p=ovnided tor heziu,•?nd the LESSFr does, r_ot rrnove -rhe
. T,i t
wp-tp-r siide, ~ppar?ing ;~ctLwPs, bu.ildin;s and other irnprovements placed u-pon ;e Pr=ds°s by the
. LESSEE witliin-the ti~ie :&=es set fo~ h-sre-in, the COUN'?Y niay att its apzaT-i, (1) oa tne.payment oi
• onv dall=- ($1.00) t~kme tittp, to said prup--ity; or P-) dis-iltle, remove and --tore z-aich -proper:y 3t a
location ccnv_T~ent to the COU~TTY md charge- 'io tLe LESSEE a fee' faL disma~, re-mflving, .
. transpoft:ing ~ndSjAIlIlgg 5aidaraa~.1. , • . - -
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SECTION Y4.11: SWUAMLINGPOOT1fVA.LLEY?YESsiOh PARK . .
. RECM4TION-ALFAMMES . .
COUt'~'S decis?o~v(s) {.o k~p =~Y v~icY ?~sioa Park
It is tmderstflod hy `•~e ?AR''iES i~t
. r.,~creadan fac~ity, incl*~6IIg but no# be limite~l tu_ ~e ~~-~is co~ZL, softbaIl fiead, p!aygro~r~d, ~b o, .
' ~n, s~ks, b~ic~F ~l co~t, r-.~ roo~,'Qr S~~g Pool a~ or closed slall r~t havc my ~e~g .
whatsaever with the IESSME' S abliD tiaa ia ' cUrY o.uti aI1- t..~~s, cog£1it-ans and can-rits set foj-ffi
herein . ' . . . • . - • : • •
SE•CTION4_12: C4NCESSIONS. • . . . • . : ' ' - •
' The LESSEF ~11 be ..nted a cancession rig~to sea iood, so~ dr~s, active v~ear ~a~:souven~s on ~ie
~~es. Th~ LESSEE 5~13!I p3y t7S COUN 1v. Ffli' ~b i7~.T~f IZ4e (5) Y~' ter~a of this A~eem~t 15~D oi
'~oss canePSSio~ receip~. saL LESSEE ~h~? pay fhe CO~F~d'~Y ior, the se~;ond.tav~ (5) yeaz t,e~ of tfiis .
• Agreement 2~J% oi gross coiaces~icn ~e:~ts. 'Ihe ~cact scope of Ti.ESSEE'S concessfon sales sh:11 be
negotuated md mutmlly ageed.upon.. T'ne ~ shaII i:e -usid as. stit forkh 'L-1 Section No. 5of th:s
• . • Aeraernent. . • . . • . . . .
SECTION NO. U: YVQ_STE AND N`[.JISANCF, PROEQB~D • _ ~ D; ~ the term oi '~is a~eem~.; LESSEE s:'~all • co~lY w-~th PIl znpl:cabl? 12w5 zriLc~~ tn~ •
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Premis°a, the area;h ai ~~ich rr.,gh= Tesu.Ft ir, Eny .dhy Jn the COLFNiY ar ior~eitu~ Of the
eaUWFY' S title :o the Pr~_ises. LESSEE shp!1 zot r.o--~t, or siffer to bt cc±A:-L*,Ted any ~Ias~ ~n Lbe
pr=i,es, or nuisznce. . ' ' • . • _ .
' SFICTION N4.14: SEWERS , ' . , . • . . . .
In the ev=t ffiat Valiey L+4ission °ark or M~ission A-veau° becames ser'ed by sewer. the,PARTIES ag-r_e.
. to the Tollowiag aIlocation aF cast~ : • , ' • - : ' 1. 5ewer CaDitaI F{aciiities Rate: LESS=' s-haill be respmmble =gr -oaying al.i Sewtr Czpital • .
Facfi.ities Z:*Lv-- cha:ges (ie. ERU's) aLo,-,abae t-u L-ESSEF'S wa ef the Pgemises•abava and•
beyead (eap-nion of) those uses enisun-0 I?eczraber ZOQO pizsumt to Thiz-, Azreemmt AIl ,
' 2zv?'o-md uses eY?s~Z; in •Deceinb&z 2000 ~_)Ubj°ct to sewerzge pcrSiDolmne County cod._.s
. shaIi bL 'sLbjnt m?~toca#an of cost ~ig•acc.~~,:.° Wiih the 2e:zr-ement in place Dece?nbrr.
2000. . . , , . . . . . -
• . T ESStE 'will gay -ail eonsauctian casts i--red' to . mianfzdn ser.i ce zr!c~or %r the , .
• ' oo~.:ctiaa of =y rew ar increase in, seNice etle to 'e?tpansfon of the -kaLer sli zc_.. =ar--lity
. p•,-R=t -tn tEs AgrU-_~ment.. LESSEE s a21 at ais -ovrn expense :nstaIl a.n addisanal water. - -
rnef..i(s) to miPas~2rti t.he. f?aw en~~r'g the sewered portion of the Premises as dctte~-red oy
-_l • S.:)o k;---c Coi Mi:y. ' - - -
2. .Monthjp Ci=ges:lhe I;ESSEE sh ? be ir--d to pay ~ose ue;~ly c~rges ~11_na~+1~ to
the j rSSE,'''S Lse oi the Pr-.-~ses as set.Nr*.h ;R t~~ ~~rezmsant
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,4iI notices, cma or ot. hcr ~gs in flis Agre--mLnt proy*ided taoe giwa nr made or sent or which •
;~Ey be ~,ve~~ mac~e oc seui by cfffirr P-Ey h~tfl ta the otaer, s~ll'bs de~d ta hava b ~.3y
. givzm ormade o= seaL when ~e in %r'~~g-and d°posite d ia th~'Uh-d States mzil, cer`~~fi °d, posiage
' pre-paid and ra"num receipt , =eqse's,~- and eddr,.ss,5ad as ToIlows:, • - ' . ' . .
• _ To COUNTY: ' Be2rd of CouniyCamm sionlers . ' _ . • • .
, • , of-Spokans Comit-y
W-t 1116 Broadway ' ' . : •
' • ' • Spokane, SVsshin;rton 99260 . ~ • _
To LGSSEE: SoI2St-DflWII COIICES510ItS, Inc. . ' . , . . '
' 12727 EastPiper Rd. • - . ' ' • .
. 5pokane, Washiagtoa 99247 ' ' . ' . • - - .
. ..I'ne a3dress to'w-hic*h any uoric,:; d.:man-d•flr any other wri-t-na may'br giaea or made'oa .seni tc) aay Pa-ty ,
'.as abave prflvided may be ch.-ged by wriren.zotice gi;ren by such Par"ry as abo ve pravidcd. . SECTION NO. 16: AT'FORNEY'S FEES ' . . . . . .
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Lfany zction• P-t'law or Tn equity sizIl be aro~~_ t,-i en#'arce the j]i01`aS24t1S Oi d15 Ie25t: ar r.o- e=orce or '
in.te~reL any of tie eoven~_Tlts,•trras, or cnridirions di tiis lease, ar for iht: recavery oi the g~ssessien.or
th-- Premises, .he pT_-Jailing Fsrty sball be :.ntit-L-A to recover uflm `ue offier' p~.rty z-5 part.of •the
pra-y-~L~g Pgry's cost, rP.asonable azlEo-Lney`s ?°..es, the amount oY whic72•s3all be IIx°d by the rrou2t and .
' shall be made a part of a:nY Judgmant or decrec rciadered. • . - ' . . " .
SECTION N0.17: RIM4A2S . " ' - . ' . . . .
L.E55M snzll, #araL~?c,ut t~e t~ o: t~is a.~r~e~~,•a# ics own.cos~ a~4 without any.exp~nsft ~ thP .
-COLTNTY, Imep and'm2izllam the ?re--is2s,including 4LL 'ovildings aaid~improveinn-nt's of -_very kiatt • .
• which -may be 2 past derao~ g:nd zll anpLurp_anc°.s thmeto, :a~luding sici.:unilIcs ad3ace~fthei4t3, :a good,
;anitary and neat oreer, condition' :nd repair. "i'he COUTINT"Y shJ1 not oe obligated tfl make any rrpairs,
• rop1aLeihents, or renev,ai of any Ia_-~d,'nature, or descriptian, wlatsoever to the 'Prtrmses, or any ai_ildiags ru i=rovemena thereM. ' • . _ : . . .
The ZFESS= shAll corLol o~11 rodents and othe=p°sts that.may be_4n oj in the Premises dli-ing-thhg~ teram
. oi th}:3 Aereemiemt, • . . ' - " _ . . . - - ' • . .
• '?'he LESSr.y shall Drovide Gsh and Earhaoe rzceptac?es Find ha:►P reiuse rl-moved foue tt':e.Prer-:: ses on .
. z regu1ar basis. . . . ~ • ' ' . . , .
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SECTION NO. 18: INSOLVIltiCY OR B-AV3KRUPTCY
if LE~.~ bec4me~- iTr,01vM~, vol1111trily Dr inFOiimtanl-y bafija-up% Qr ur a re~_--i v W, a:s ee or o~'heT .
' I~quid~.g o~c~ is a~o~trd ior ~e, bw-~ess of the LF~~, ~..°L ~e CO`t3~~TY n2y ~°~natL this
- 4Q senent . . . . - . . ' .
' SEC-FION NO. ].9: I4LS=1S ,CONTRkCTOR'S EAULflYEMS , ' • '
,,.~u~orl~ a~ thc cv?~ sL~ or a.ny
LESS ~tck an.a.lI e~p. ~oy'
~ shha3l cfl~~~L~t a'~a:~; a~~ ca
concessions,onerated an the Preinises. LESSEE shal'er~are thai tach Lmplay~-s prastiits zneat ard
. clean appezrznce ui person znd ;'a dress :vhi1e an- 'duty oa the Fremises. The' LESSEE s~ll :take
t1:mwdlEte re8edial tian, u~hich shzil ach!de tamrni.nafion in the event-any og.LESSEE'S einp,loyees
. cond~c-t themselves in a~.i-aP.-I ar ki-amrtopn-ate r•.L3rner whi1e.on dukY• • ' :
SECTION N-0. 20: Vi'ARRAN=S OF TITL•E _AND QLZE'£ £NJOYMENT . , .
Ibe. COUIVTY covz=ts that the COut= ?s. se?z-_-~ af the mal prapertyc cons'.rOting :he Prernises in
fee simpljl ane'has fu.Fi rigk#a a~ il~ A-,, --encut znd ih;!t the LESSEE shait have qLi°t andpeacrabie
posstssion of ;h,-, P:emisw d9.rring Fhe term hereof . " , : . ' :
~ ~ . . • . . . . SECTION?~O. _I: 7.~IEN5. • . , . - . -
LLSStE sh31 Im.,.rv the Premises ies anci cli=r from 'aIl ra..~chanici' aiiA mat,._-utns' and o.-Idi •Iirms
fraas vrork or lAhar kne, ser-inces p-arforui.:d, rnpt?rials, appliances, tmnis of pawrr cr
" fuFn.ishcd ar to be u3ed in ar about the Fremises fbr or in cona✓ctio- wi3'n a.gy op7-tions oz T.ESSEE, or
. . any alteratiaa, ir~prov~.e~#, regaira oF 2dd1'L1llA5 vhich tie LESSEE may rn~.jce ar permst Dr cav-se to be aad°, oE Gny work or canstruction by, for, or potmifzted by LESSEE an ur about th. Prem-:ses. .
, • SECTIO~T 1lTO: ?2c COM3'f~LA1~iCE ~V"~ I:LAS~$OIA E`_.'I~~' T_4.X - : • .
. .
' • " - - . ' ' ' . 'eat tfl ~ "~easehol~. eacise t?x"
LESS.~E Lereb}~ acl~owted'g~ Lhat to ~-e.,ti-tint ~ Ag~eea1~ is svb~.
s set {orffi by chanter 8229A RCW F-s naw cr hrrciaa..jier•€.~-DndcrJ, tb= sa= shall.pramptly hre paid by
• t~-~e LESSEE, in i6di#ian ta tlze tt_s set ia~th in SLC11i?ii Np. S aad SeC~nNO-, 12 Of Lh1S Affi"eCnn°ni.
LESSEE a~~~s ta ~xo. tl~ ay w~ien ~ue Pil ~ces, rates,'ch3.~s ~d rss~sn~fs', sPeCizl or aliz~~i5e
g
. ~~yl
and publiv ciiaargz~s of. every I,in~ md 'nature whic-h naj► be kwiftildy i=osed or assessed in say wa}r on• .
Ehe LESS= vw=ita. reie_ence ;o *he DTie LESSEL furffi?: '-,TCeS 1'0 7Sy pLC7?Iludy vi-hen. due all tzxes•inmosed on F FSSEE as a resLlt=ot che.'services p=olided upon the ~~°7 i:3cILdihnor bix: not
• lirni_ed ta 21 sales, b-asiness, oceupaney and use uces. : - . . • ' . •
' IESSEE-sh-a11 a1 o comply -,with-2nd abice by all tede:al, scate, co,=~1y, nmmicip21ET+.d o&"-T govemxnEzta? staiaLiLs, ordinances, Izws md rf_-pilationi affecfing the Pr--rdses, the oaerarim aad mairinentnce GT 'the
. w at~,r sLde thcrena, the irmrovem e.nU -d ierem, oj.any act. 7 viiy ed 4n or L s~.trh Premis es_
. , . . . •
( ~ • . • . . - . -
- . . .
• ' ' . •
• Pflge 9 of 14
_ . . ' ~~rj) , . .
. • ' ~ + . t
.
. , . , • . .
, , . _ . . _
- ' • • JI
~~,~L~tG~A~tY flR V:~t~A.~ISt~I
~ S~CTI~~1 NO. 23: ~'OrT-LIABII~~' OF COUN''I'- . s~,~ LFSSEE
,
ner ior ~y iQSs, ifij ~Y or d: L-~e tnc~rr~3 ~,a:~ies.
. '
T1 ~:e COU~NTY sha~ nflt be liable in ~y b e~~er iden;~ed ar ~den~
c~~t~d ~
'fran~ a~~ af :hcf, b=g?a-TY, a: va~-ds.is~, ~ dzf~zes r~at~ Tn, any s~u~~y ~sczuti on tt~at
• : espa~sibtie far pra~i~~ ~1 ex..ge3 SHE s~il be so-l~y
f ESS~ Shal1 be ` P~e~.nises and aIl u=royemm~ thar~an. I.,FS~rsca~~icL~s ~t the
~g~ dee~ ~ec~sar~ ~ prai%,ti n}~~ps r~?a.tim; A,• ~Y sa.~~ty ~e~ sectr*tY P
~s~ all C. • ~ -ar u.ors oa ffi= •
respo~-~le for pro%~g, e~ • l, ~!9.Ye?s, sn~~ll itrarsar,~
n „~sary for ihe sa~ty of .ihe pP.._-sfl~ Ieraeaf sec~3.~ity
. LESaE~ ~ems Q~ LES~E loca}ed on th~ Pre~is~s. 1he L-~S~~E .
Pre~is~, ar proP~' . ~ ,.-~_ve~nt u~utho~~ use: .
~~,sures si.~fic; ~t ~ sw:ue.the P~~ses. a_ ho~s -nd p
SEC'TTON ?\i0. 24: I1`SPFCTIflN . . ' . ' • . : . . .
' cLt a~~ T~sentafi~vz a~ my ~e frara ,
ati~xilableb th~ COCJN'~Y ar i' Y The I~SSEE s~ ~ke a na l bwiness ho~s, ail records, books or ne~t=a~-an whi~~
Mo~day tl~augh~ Fr~c}ay, ~~a ~ ~ e,n~t azd wl~ch the COU-NTY ~Y ~z .
~,he ~FaSSFE s'TE,~av~ k°~t in con}unction, wi~. ~ e
edurzs ar aul-it t"ls. .
d bY ' law ~ iaclude 01 n~1ce P. QT= of auciting P`°
re~„ _ir~ , . . . . . - .
. . . . , , ' . , •
~TO. R~.4'I~OhS~ OF TH~ PAR'`TES , . , .
• • SECTIoI~ . ' - . ' t,, •.:-e~~.°nt LES.SEr. cela.~onshi,p wi~i be creatied by t~is ~e~m..6zt 1fie . :
T'~e ~A~'ZTT~S ~t~d ~ i~'d5p d, and the ca~ciu~i a~d c~ntrQl or the rthe ~
t .
COTTA~i Y is-~t~ted invnly ths result 'to be zchfe•~
~ ~ iTl be solely a~d ~+.~r~lY rroazsi~e ior its aca
~ ~ wi~h e ~SE- • - i.£SSEE w ~ti erfo~ce oi this k~
• lie sol~ly ~ ~ . a~ e:~p y, servan~ subless~or o='xisE dur~ .g .
. oi a~ a,cn , la ~s . ~ .th • -
~ Cov~ctor wita .
SEE is ~ eF+.de~.t
ne LFS ~~~p
li~ t~e perform~=~. eY the czs h~ein ea~~1a~= . .
' t~ coztiol and di~ct f~e Pe~ot~~~~ of ~te ~~ils Qf 'he wcc and nrovisic~w oi the
t.he 3ut~~ority P ~t~_r'e_t..d only in ~e ~sulTs obtainec~. No ~aev~, ~e se;tiZC Q~~~~
, ~ o~ C of sercPs, the C~u'N'IY o.:~g d s~ ~s' subjert to the COZ3N'I'Y S a-
aval of the COUNfY ~ ~fr~ed ~
ose of t~iTsg whtne~r the s~rices ar_ be~g p
herein n~wt zaeet the apP~. ~
i215pCc~0A Z"1d S1i?~"~SipA'fQL'~ T~° . , •
S.oCOTdp-nce W'it3.1 the o CG~C"c~OTLS SBt ~OF~~~1'-~ • -
• ~ ' ' ' • ' • ' '
, . . . ki .d by ~ ~^isaz' ~~'~~nt LESS~' S b~.~i~ =ss is S-pzr~'t~: and .
N~ irr t~e ot~!er ~MY
t~o ~c►
• ~°y~ea.T or par~ers--P is c~ea L. wv~l h,~v~ auth~ri ty
• . I~ei~t Y
ap~#fro~ tnA.t condu~d by the CDU~4II ~1~ ~O~.her,• a~~3• uesf3i~' p~Y~ will be re.--pa~~~~e for uy .
, or :o ~e~te obl~;atio: ~l~ . ' . . .
ebI3g1tians or. ~ienses w~oev:r of ~he o11er p . . - _ ' - .
' SECTIDN NO. 36: V~~ SITPULA'ITOi~ . . . • _ • • • .
''h be .~o~s~ed as havLg b~~n de apd 'IiNtered ant~i ~L J LIS LL
ee:ne'!t ~s ~ ~at this : eLPc~t sh~ bt
b een ~~d sh =
is A.gr ea~.
- Was~~'=~.~d i; ~~z~+'~ y, unc~°rt.oo3 and a~edby ~~?see_ r',,~y actian
- ' ~e lac~s af ue~'~te af W~a~an, both as #o int..-rgre~-ti.on e~d p~-- ~ovisia~
gos~ed by ~e ~orc~~nt of this'~r~~ent or any P -
t Lf~li~?~ T. JE''~ Ce~!-iu"1g idT ~3L'~.
at lEW, 5'tilt _~+1 eQILy~ t72 j?~" Ot` COLtCr.-3, Or GOFnAtt„°'i2t ]L_'iSd1r ..f1Q• 1I1 Sp4 :
. .
'--1ed on.ly J
ny~f shall be ~+~tituma znd T-rim
. • . • • .
. . . ,
CaLe}%, W :.shiugtan.
- : . . . . .
of 'li
. . pII;e'1p _ ' . . • _ ' •
. . . ~ ~ -g ~ . .
D
. . . . . ;
~ ' . . . • i
r~~' . . , • '
CTIaN NO. 27• ASSI~~E?~`~' ' . . . .
. c cessc~FS; exe~:LTL~is, aCulinl5~a#ars, ai-td •
ch Pa.~y ~o ~s Ah-~~ i~e~elve~, th~u ~~rb.~.., suc
as~i,p.s to ~e e~er p's~.Y ~is A~ ~t ~~d t4 ~e Par`~yil suoce~~soFS; ere:-ux's, ~I~-~+s sd
~ r~ec's `to a.~~l t~~s' -c~~Efi~s and ~eo~-~mt~ set faIh h rr~in., 'rhP
.
. ?SS1~S 4i C?Ci1 O~'iLL' p~ r^'1'~1 . ~ C=C1# RI~O~_'t #i28 55It2~ -
j,E~SEE ~y not zssi~, ~nsre= in w~i~ or in i~ ~t~esE in o~ o.~ o~ti Co~ty ~d t~e being . fist.zuti~a~d by re~alutinn oi "n~ Bflzrd ai Ca~~y Cn nimi5_icners of Spokane.C~tY• '
~
~r Of ~ Ie~-t iwa ~~bers oi the Ba~ of CountY
coysent ~ W-i.:-:g .
Coris4o~ea5 oi Sptaiti.ne £oun.ty pro~ide r.fl~nt or d:-n~~l st~~11
A decisian by t~ Bo~d ai Ca~y ~ P not to rx~~ thiny'(30) ~alen~ar aays
be co~n~:icated '~iL I,~SE~ a~~Gna~ie tis-ca ~~noLher fac`wrs rhe financial .
. af wri~n requ~.''~"ae Ba~d's C..cis=.ori, s~31 bt m~.°, con .si`~a g . .
~x in ap~~a~ ~t-er ~lid'es end ~lai,.-dr°c~4oaal ~czlities, 2.~.d ~blity ~e~L
s~ility, perienee e~.~e ~s~i~c~'~ia11 ass~.irnt all ?.i3bility oT
condi~ians wii.lti~ tbis A~°reer~-n~.' Ia the evmt Of Enn 2s~~~ : le~sv sh.a1 be void, 2nd slall
~~r~ed valta.ry 1 , & c~r sub- . .
=-u~ ~r i~vo =•-IY , .
~~e zssipor: Any tM •
. te~ .n ate this lease 3t~e COU~Y'S optie-1-1. . . . , . , • . ,
SECTION N0. ?S• WAEVI.ER. . ' ' ' • . ' • .
a~~ilt•8T o~2e~5C Of L1E .C'DUNI~Y F~ F~1B UOWCT, Fl~t OF 2LL~2Dni=}~ ~~'2iVE 3i'1~I
?vo officer, mP X hrews~ fl€this :~~'-e~=-~t s'ti~El not
~ o{ the*c]n1iL70nS OT ?3t0~1ts?affi OZ ~5 !~Rr"_°~'-~ The WalYer bf ~Yts a~,~T&✓d i~Z t~s Agr~es!etit or at
;e hel~ t,i.be• a w~v~ oi my o'ih~ oT sub sequ..ant bre~h. ~r'- o~„r r~m~~y gr~avidec h,.rejn ? 5 Lt.:I'i3z1~ 2fiti t~l2L 15, iL~ 2~~1Q~ vD ~Vt~ p > c.
LayJ ShE- I b ~ iak°T~ :~vSi0:u" OI iI7iS 1~~"1L ot
'i'`e f~:il~e Of tne COUN'I'Y.to eIlf4~~ at-~y ~~~Y.°f .
o= by latv.. . r ,.r
~ os ~y QL ~ e~F~N151~i't5 ~l.°.:a0f~~ lent ~ any
tfl .req.~° at a~-cy ;,e pe~or~?~ce by the LES.~ ~E ~'ecf
~ ~ -L,ar ~~xt~i„ va.~.idity o~ ~is A~
;~u..~i to be a~vec of su.~h S=avisia:n-, my Y such ~rav~ion.
oE the CO[JNT~' ~ t~tTe~-ter eniorce raqh ~.d ev-y .
. . hrreoi ar ~e rQi,rht . • , - , ' , :
. Oiq IrIO. 21 • 1Y14DIFIG47'ION . _ . : . . . .
ca~o~ o f t~s r~ccFt ~u wr~bn~, executed with the 5ame iorcn~lir e--
' 'F"~ere ~11 be ao ~ai~ : • '
. , Oi thFS -pr°5enT LziS--um'PIlt' • , , ' ' ' ' ' ' ' . .
SECTION NO. 30• S'L'S~R-ABIL,ITY . • • . . . : .
~ ar ro~'isiDn Of t~is ls Lelt~ It is un~~s~oc~ an~d a~ceed by ~e'~ AR'1~S `hat ~y pa ~Sr~ ~ _hal~ ~ot bc ?rec~.:°d, Gnd
_ ~ ~ e v~idi:y oi ;h~~ma=; uar;' d .,d r y?t°w~s:a a~ it t_is `
y~~e co:st `,o.b~ ill-Qa1, ~ . ~ 4~~me- _.did not
the r,&Ls zr.d oblig--tLo~s a: the PAR'1 ES shalt bc. consttle . . - . . • • .
contain apartict 1arpatti, term, ar proj'z'iaT h,1d to be inva lid.
' '~iGi Wi~ c"-1iy S'a ~Ltp~ uT0`7514~ Oi .
If it sh~j:ld 2~~`~~r~~at ~ty ~e'-m or Provis~on h~i s in cpmor ~r~~~:o~. ~~~f w~ich may eonfli~ ~e~.e~"~ s~.11 oe cieemed
on, then ~ P"~ L`' , Q e ~ -r'le: be 3e~ed Lo modiiy cfl
~d n~ ~d rroia :~o~r ~ ~ ,y b ea - •
tos=c,h;tafutoTyPrDv''`°11s' • - . : ' -
co:,form
Ji . ; • . ' ' . ' . . • ' . , . '
11 Of 14 • • ~ . ' - - - . ' ' •
1 y < < • ' ~ -
• J .S ~ , ' • .
• . - _ . ' . ~ _ • , ~ •
, ~ . . - ~
. , ; .
~r-,, , • . .
! 1 • • '
~ SECT'lON NO. 31: CON5TR'UCTI01q' . • ' • .
War ~,r my be ~pLed to t~ al+l ot persflns and t t~ - and c~~oTds ~o~g fhe. .
. ~s acc~+ g t~ o . ~ . ~ . .
pf1T~1 May be applivdto the sip~as. ~ . _ ' . . ~
. "Lrein" ~ed i~ ~ y sectio~ oi i~ :~.~v,-Ment r-l~es to ~.he whole Agre:meai ~.d to`. io ~i °~on
~i
. °nlY• . . . ~ • ~ ~ ~ ~ . ' ~ " - .
rB . . . „~~t re~ers to' ~e Boarc~ ~ Crnmty
<
• `QaSL~ Of C4~.s~'~/ CO~LS5ICIl°-s,~ ased in z~y sec~on of this A~°
COP"_!IDl'sS10AEL5.0' SUol--,P COL'nfy. • . • - " • .
~ SECTION NA. 32: L.410 USE ACTION' • ~ - ~ ' • - . ' ' . ' ~ ' .
v~r~~ ~'ne
~ T'~+.e LESSEE sha.~l ~s~piy ~~tii pIl ~visio~ of Fi~ings and Order in the Matcer of Kevit
- uster Deci=iar_ to A~ro-'e' Cnndi~oa! IIsL
Adrr!~~.tve Ac~on eL ~+~e Spo1~- ~C4un,y Zonin~ A~j .
~ d Ls.. coaditians ~lt~=ed
P~scn hTo. C[TE-5-83; S~lash-L?o~-ainc., dzte3 M~y lb, -1983, or sLCb o~Jr 1~-
. •in conj motion with th-e use oi tht~Premises. . ~ • : ~ • , ~ .
. SECTIOIN NO. 33: H£ADINGS ~ . . - • ' . , ~ ' • -
• .
- ' Th~ smtion hep-dip-bs appeFring`in this ~Agr..°m'~~ have bem i.rset~d solely fo- ~iu~ose of
• CD~iVvn_ent ~d rea.dy r.ferezce. ~ no w ay'dD t~iey p~.gpo~ ~o, ~d ~sha11 not be c~~med to def'u~, t or ~
• e7t~.ni~ t~e 3caDe O: 1ACe!L Of dy-s-SxtiOn:s fo a,hicb i.hey m peitai ~Jg• - : .
, SECTION n0. 34: TLNIE OF'THE ESSUNC'F, ' • . . . : . ' . • ~ : ~ ;
TarLe is o f the essep_woi each and ,--v"::rY provisio-dher°.ita- : • . • . • • - . .
~ S~CTIOI! NO. 35• '~LL WR7fiII~G CO1VT.4.Ih`FD HEREI~~ . ~ • : ~ ~ . . ' .
~negt r~nt.~ns all the t~s and. c~,~tians agreed tipo~ by the. 'P_4R1`~S_ I~g o"ther .
. ~ T'his A~~e . . .
_,r._1 or or+ervvas~. 1L~-► ~v •''l~ject x~.~r of this AEreen~nt shaIl be deesa..~d to
understandin~, ~
. . - . . . . . • •
. exist or ta buui any of-thc PA'T~=~, - • ' . ~ • , - • ~ ' -
. . . , . . . . .
' . ' . . . ~ . ' .l . . .
. • l
. . . _ , . .
• . ~ . ~ V l
. . . . , _ . . . .
pzEe 12 of 14 ' ' , ~ ' ' • . ' -
, . •
~1~, r , . ~ t • l
' ~ . . , . . . .
~ ~ ' ' . . ' ~emcn b~ tD ina~1~e nc~
cnt hz-S " • , ~
0_ ?;?Ent to• .
g[
a
t IL , _ • • • . -
FSSBF ~ ~J~p~R`il~ ~ ~ . . ~ ~ GT 0~ • . . , . .
2LbD`C
' ~W Set ~ Qg Sp ~ ~ .
Y C~ °i0~
~ $OA~ ~F r.: ' _ 6 , _ . . ' . . ~ .
• } - ~ ,i . . ~~-C~ • - - ~
~ sj' ~ • t . .
• 1, j. • • - i~_nT~' - C . • •
. ~ , ;t~ ~ ,
A'TTF'S
~ at T'~l`~ ~'L~~y "~x ~ • , _ ~ . ' ,
14.
VZ~ ~ ~ • ~y~. ~ R ~ . . ; • ,
/ C~SOI1, ~~~`X ~ • . ' . ~ ~ - ~ •
• D?,I~ ' - • ' • ' • . • • - ~ ' .
~
OFWASz~'`~' )'S ' • . • • ' ~ t~blic i^ ~ ~ .
'~.A D•
S
o
~ ~~?tut'1 af Spo'ra~ . . . . ~ the ily of ~e ' s
. ' • ' ' rr ~ ~ ~ 2001, ~ ~ g~ bP, y Co.~ssi .
c~Y of ~ . y ~o~asivn~Y~ to ~C ~Own. ~ oz ~e S~r~ oizQ LE~. .
s~"~ of~W~' 3aH~~0 s~z~calin~''~D\~ • . 14 ~a To~ ~~L . o~e ac''-xo~rledg • J ~ ases'~?~ is n seal Of
~ Com~sione~ o€~ ~uspsA a~
C~~tY ,~~o g.:s-tru &~si~, se
' sd of ~ •.si ~ cal s`.~b : . •
3 ~e.~ oi sa-a~°~ ~.ex~'~~ 5~~ . • _ ' • - . • Q b- ' .
~ a.
J-
b~~.`~olt ~d y~
' i~5y. eT& • . ~xe~3 Y''" ~ '
. at
Qn 0 ~,yt1
~p ~t
' s~d c0'.tY ~ ~OF, i n~vu
• • - ' - ~ne Srace ar., .
• ~ ~s o~
~ .~~~c . . ~ ~ ~ . .
?,t spflkst-le~ . ~ - ~ .rz~~ . . . .
iva
C'Oj.r,'~s~
!i~ ' . . - . - .
0llilt~~``` ~ . . " ~ • . . ~
~ ~ „_RP t3 ai T~ ~ ' . / ~ ~ 1 • ~ . . , , .
~ . ~ . . .
. ~ ,•r ~ ~ t
t r, Z' . . ' •
, 1 . . • ' u' • • • .
~ ' • . . \
. • • , ' , . • ,
sPLASE-DOIAN. caNcESsIa~rs, Irrc. .
. . . p
~ . By ./Jv2,a~
. ~
. . ; ~ . ~ ~ . ~ (~itle) . . .
~ 5TA ~ 0r- WASfENGTON ) ' • . . . . ` - . - . -
. ~ ~ ss . . . . _ •
Comy oi Spok2ne ) ~ • ~ . ~ ' . • - ~ - ' .
. ' On this &y personaiy appeared b'z€ore m-- rx B/P4SnPr ~+o mekmo~wm N be tht inai~-idual(s) .
. descrbed in and who ex-.cuL-d the c;rithin and iaregoLng.instrmmeut and -acimowltdge-i,'~t hdsheJchey .
s:gned t~e s:m° as hislherI~heir frcr and voIun'tary act and de:ed, i4r ffi-- Use-s a*_~,d pu-rpQSes thezti,Z ~
~ mentioned. • . . . : . - _ ~ . . . . . . .
y of ~ ~ f 2441. . • • ~ -
~ GIVEi7 under-rq%hand and officiz seaI this ~?ta
ER~~In 500, t Lb;c an ai'd fat the Stab ai . . ~
~ • . . -
O % . WashmgtM :rsiding atSpok-ane. . .
~ ~ A~V Z10i A!~ k ~w :Z ~ ~ . . , - . • .
_ - . r ~pU- 8` G • ~ My ebr~iiSsion • exD1ms:
. ~~ii "e~;~ 9~ . • ' . . : . . - ' . •
• '''~~~~11 tllt<<~~``~ . • ' ' , . . . -
~ ~ . . . . ~ ~ ~ • • ' ' : • . . ~ .
. ; . - • . ~ , .
. • • _ • , . . ' • •
~ • . . , ~ _ - - ~ ~
sliL- 2001-&.a-l 041701 jD.e) ~ . • . . ~ • . .
PaP 14 af 14
. . . - ' 177~ - ' ' , • ' , . .
. . . '
. ".t - ~ . ~ .
• . . . . 1
• ~ oS
C/5
• ' ~
. ° ~0. 1 0313 . • . BgoRF, UM BoARD OF Cov_vrY CO?ssIorERs .
:OF SPOKANE COU=, WASIM~GTON ' .
LN THE MA= OF Effi(_.?[J'IIIvG ~LN ) . . - .
. ACA:~~NIENT BIE-AVEEN 670KANE ) . . . COL1Nn'Y AND M.ASH-DOWN
CONCES SIt3N5, ING. REG-ARDWG RES E}LII'I'ION _
LEASIISG A PORnOLN GF VpILEEY ) . . , • .
MISSIONP_4,RK FOR 4W.AT~ER.SLIDE ) . . ' . '
A2,D O~NIATEES R~~TID
ITIENT-rQ
, • WHERE4S, m=ant to the protiisions oL RCW 3532. LO0), +.I1e Baard Qi CoUnt3r Commis-
, siQners of Spolmne Couniy has the care-af Courty praper-ty an1 the mana-ment of County t~:nds and .
~ ousiness; znd : ' - - . •
.'VVBIREA~, pv~~.~2 i.fl th~ pto~~~~s G~:r~po~ne Couniy Cods Seci?og 1:So.IaE7 e s..q. t~ .
{•~1 Bo-d of Cot-mty Cmm.:-aissbuers may le?se courity-ovimed ProP~#"y, and . . . .
,
`W~, cSpDk-.IIE L'OUIlfy 15 :t7e OA'Ii H' QI V3~.°y MiSS10Yl P4- lOCated 2i l 14Z3 East
Mt.ssian, Sg~l=a, Was~ing-tfln; and . . . ' : .
WHMZF.4S, a m-tain goriion of Va1Ly Mssion PaLk w-as darlmd surplus to the prm: n± a~-ud '
. foresmable nf:ei of Spakaae Couniy-by ihe Board of ~Coun~.'y Commissioners -or Spokane County .
pursiznt to ResaIufion No. 82-03 50; aad " . • . . . . • • ' •
. :~k2EA.S, pur~.iaIIi ;~o R~o~geri I~Fo. 82-~9s; the 3oa.rd of Cv►~iy ~o~-~~.~en~~
authDfizzed the ex~on of aWater SIide A~6m7eit v~-ith 'Splasa I)awn. Concessions, Ine., pursuarit '
io vvtichSgIaslnDow~ Cance,ssions Ieased aDorao -a oi'Va1ley _M'assian -P2rk for a pmiod oY tan (10) .
. yean to cotu#tict and pp°rale a wftt-zr siid e; ad ; _ ' : _ . • . . :
WBkRF,aS, p~rr a tt-;,o •RE3o?iation No. 92-1018, t}ie P-pard erf Co~z4Ly CaMmissioMrS '
, . aL~te 4~dt3i (xv.,efiaa' ai amther Watter Slide Agg~~--rt with Sp1ash-Dov.*n. Concessions, -L-zc.,
. purmlani t~ which Splash I1ovvn Ccim°ssians Ieased a pprQOn oi Va?Iey'Missian Park for a. subseuuea: .
t..rm o~f t= (10) year to, onerafe a. waier ffidP, such lp-zse terniinating an Jo?.fy, 25, 2002. Said
A..,-eerQe~, in Sectian-No. 29, -otiid es thzi tha same ma.y 'ae niodifi-ad wiffithe saxueiorm;-iitiles a-s the
l` - ' in:-tfal A~~e~~ ~ " . , • - • . . .
W-ETRFAS, the Partles des;1-e tn unoLhat Agreement ciat.d S~fy 21, I992 md executed .
. . .
, under Rp-SQ'ILTliBIllZtd. 92-1019 {}y exacb1t3Tlg 3 IIew ie,5tatt°d WatEr.Sld-e- Ag-ea-ment which ii.nc1udes
• C°tt81IlII20d:i--d #Wms, induding Ss710ngg GLc~'iers 2 I'i~Jv L£ffic"'~i- d_{a (S) . _ - t 20.~~'~•
. • • ` ~ " ' •
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. 1 0313 ~ . . ~ - .
TiERZb'ORE, BE TT MR~MY EF-SOLVED by tih,5'.z3oard of Cuuntv .
Commissianer-s of S-oalmnv Caun'ry, th-ai either t.hz Chaumanof the Baard, ar a ma}oriiy aF the Baard, be and is -hemby atthwmed to exesu`z tha..t flo~=,_ut entif1ed "WA= SLIDE
pursuant to wbich, uad°r oartain temis and caneftiaas, the Baard ni Couniy Gommissio= uM lezse
~ to SplashIDown Concessiom; I~-ic. appro;±mateIy 155 a,cr-es IQrate,d at th° Va.l1ey MussFOnPark fo be
. . USed IDP t}E•p=t3Se QZ OpBtLiIIg .2 Wztet'Sfids. The lease has au iiifiaI term of -five (3) yand is •
renewable ior a.secand five-pe?s #em IESSEE shatl uay ake of 10% of te. gass ravanues, -
exdusive oF cancessions, ~tip to. ~300,000.00 aad 56o of giOSS FBvan!189, f-YXIusivL of cances.sims, in ~
• ~ ex-rss oi S300,000.00. -for bot4 the in.itial term and renewal ternm AdditionaLy, the I.ESSEE sl~ pz-y
~ the .COL~~]TY -for ttie nrst five-ye~r temi, 15°l0 of tb-e g~o&.s aoncession r:ceipts zrtd iar the renewaI .
~ 'terna.20% afthe gro-ss Concession ieceipts. ~ ~ • . ~ : .
PASSED _4ND :00PIED this /7r'fi ~ day of 2001. . . . ~ .
BOARD QF CflUNTY COMIv1ISSFONERS -
. . , . _ ..~a•L i~; • ~~J.t. ~ OF sFOKANE, COLtNTY, WAS'iCrTON ~ .
. 6' _ • ~ ' ~ -
• •I ~ * • f ~ ` N , HAR1~1S3 VLCI[ • • , • ~ ' - I
ATTEST:
VIGPY M DALTQN ~ • ' ' ~ ' .
CLERK OF T~E BOARD
c IN, V'ive-Chair .
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N C,
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~ DanLela EFicksaa, Deoufiy r0 OS~FI.I~EY - . , .
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No. 1 0'739 .
$UoxE THE BoARD oF cavNrY conMLssloNTE-R,s OF SPOK.41NrE COYJNiTY, WASHiNGTON .
IlV THE M.ATTER 4F EXECUTNG ANT )
AGREEMEN1 BETWEEN SPOKANTE )
COUNI"TY AND SFL.aSH-DOWN ) .
CO?VCESSIONS, INC. REGARDING ) RES4LITi7tON
LE.ASLNG A PARCEL OF PROPERTY
• FOR PARKING 1INT C0NIJUNCTION' )
WITH ITS WA 1 ERSLIDE . ) -
WTiEREAS, pursuar!t to the provisians of RCW 36.32.120(6), the Baard of County
Commissioners of Spokane County h3s the care of County property and the manager~ent of County
fiuzds and buiness; and ,
WM-REr1S, pursu?nt to the provisio.ns of Spokane County Code Section 1.56.140 et seq.
the Board of County Commissione.rs nday lease county-o-Amed properCy; and
.
. MHERF,-AS, Spokane County is ihe owner of a parcel of properiy adjacennt to Missioa
Aveaue and the Valley Mission Park wluch parcel was purchased from Modem Electric Water
Compan}; and • • .
V4'HEREAS, tYfe Board of Coturiy Comnlissiotiers authorized execurion of a Wate-r Slide
, Agreement with Splash-Down Coneessions, Inc.; pursuant to which Splash-Down Concessions
leased a portion of Valley Mission Park; and iNIM-RE.AS, Splash-L1own Concessions is required to have a certain number of paricing
stalLs in conjunctian with its water-slidc qperations which nuniber is set forth in CUE-5-83. In conjunction witiz tb.is responsibilily, Splash-Down leased a portion of that ptbp°rrty which Sgoka~e
County acquired from Modem Electric Water Company. Splash-Down desires Lo enter into a lease
aLrreement with Spokane County whereby can Iease a portion of the property Spokkane County
acquired front Modem Electric Water Company to meet its parking requirements under Cij'E-5-93;
snd
WI3EREAS, Spokane Coi:n'ty held a public hearing on August 7, 2001 at 5:00 p.m. to
consider r,xecuting a lease agzeement witfi Splash-Dovxn Cancessions, Inc. ptusuaazt to which tlle
. County would lease to Splash-Down Concessions, Inc. a certain portion of that pazcel of property
the County 3cquired fram ylod°m E•lectric Water Compazty to bc used by Splash-17own
~Concessions, Inc. in conjunction wit}1 its parking requirements under CUE-5-83. .4t the public
hearing t'h:, Board consider:,d the letter dateci July 30, 2001 from i'Villiaxn L. $leauser ; and
f
Pa;e 1 of 2
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1 0739
WHEREAS, after considerizig all writtm objections fileci with the Board of County
Commissioners with regard to the lease, the Baard feels that the best interests of the ciiizens of the
County Rrill be met by e?cecuting a lease.
NOR', THE, REFORE, BE IT AERE$Y RESOLVEY? by se Boa.rd of County
Cammissianers of Spokane County, that either The Chaircnan of the Baard, ar a rnajority of the
Board, be and is hereby authoriz.ed to execute thai doct-iment entitled "LEASE AGREEMENT FOR
PAFZKII\TG LO'I'," pursuant ao which, under ceitain terms and condirions, the Board of County
Commissioners will lease to Splash-DoNvm Concessions, Inc. a portion of tlat progerty which the
County acquixed from 1Vlodern Eleclzic Water Company adjacent to tihe Valley Mission Park to be
wed for the purpose of parkiug in conjunction with Splash-Down's wate!-slide operations. The.
lease llas in.itial term of six (6) years and is renewable far a second five-year ierni. LESSEE
. sha11 pay a fee of $2,000.00 per season eacb year during the initial tsrm
PASSED AND A1)OPTED this 7,14~7 day of 2001.
~ Co,,;ti~ BOARD OF COUN~Y CO?tMSSIO~ILS
q;,:E C~);`~ OF SPOF:ANE, COiT~fTY, WASHIl~~GTO~(
^ O4 ' ' ,ti,
• ' • ~ ~ .
~ . , sr-AL p PARRIS, Chai-
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ATTES'': '
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VICKX M. DALTOIv ' CL~RK OF THE BO:~RD , A
. TE C , V' e-Ch ' • 1
It . ' , . B .
Daniela Erickson, Deputy
J OSKELLEY
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Pxge 2 of 2
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1 0739 LEasE ~~~EM.Mrrr FoR P~~G LoT . .
. THISLEASE t~~~EMIENT was ma.cle and entered into an the /Th day of
, 2001, by and betvveen Spdkame County, a polifical suhdivision of the
State, of ashington, having offices for the transaction of business at 1116 West
. Broadway Avenue, Spokane, VVashingtan 99260, hereinafter referrzd to as the
"I,ESSOR," and SpDash-DQV.n Coneessions, Iae., having offices for the transaction of
, busine:ss at 12727 East Piper Road, Spokane, Washina on 99207, hereinafter referred to
as tie "LESSEE," jointly sometimes hereinafter referred to as the "PA.R.TIES."
RECYTALS Tbe PARTIES recite aQd declare: '
~
WMREAS, pursuant to the provisions of the RCW 36.32. ] 20(6), the Board of
County Commissioners of Spokane County has the care of County progerty and the
management of County ftinds and business; and
WHEREAS, pursuant to the provisions of RCW 36.68.010, a eounty may lease or
sell any park property, buildings or facilities surplus to its needs, or no longer suitabls for
park puiposes; and
WHEREAS, Spokane County is the owner of Va1Iey Mission Fark, located at East
11423 lviission, Spokane, Washiagton; an~ WHEREAS, a eertain portioti of Valley Missioa Park ivas declared surplus to the
' present and foreseeable need of Spokane Couniy by the Board of County Commissioners of Spokane County pursuant to iZesolution No. 82-03 50; and
VVHEREAS, pursuant to Resolution No 82-0494, the Board of Caunty
Commissioners authorized execuficm of a V►fater Slide Agreement with Sptash-Down
Goncessions; Inc., pursuant to whieh Splash-Down Concessions Inc. leased a portion of
Valley Ivlission Park for a period of ten (10) years to construct and operate a tvatzr slide.
This Agreetnent was subsequently renewed for an additianal ten (10) year time frame and like renewed for an additional tenn; and
fJ4'HEREAS, in conjunction with the operatian of the Water Slide on that property
which is the subject of the Aa eement wit.h Spokane County, Splash L7own Concessions
Inc. leased a parcel of property from Modern Electrie Water Cornpany. This parcel of
property was used as a parking facility for employm and patrons of the Water Slide and
related facilities operated by Splash Down Concessions Ir±e. under ifis Agreement with
Page 1 of 8 .
. ~ 0739 . ' 1
Spoks.ne County. This parcel of property was sold by Modem Electr-ic Water Company to Spokane Couniy. Splash Down Concessians Inc. now desires to entsr into a Lease
Agreement with Spokane County under which the County will lease to Splash Down
' Concessions Iuuc. a parcel of praperty to be 'used as a parldng facility for employees and
patrons of the Water Slide and related iacilities operated by Splash Dov,,n Concessions
Inc. NOW THEREF4RE, for and in consideration of the mutual covenants contained
in this Lease Aareemeat, the PA.RTIES agree as follaw: - SEC'I'I()N NO.1: DESCRIPTYON OF THE PREMISES AND PUR➢:'OSE
LESSOR leases that land hereinafiter referred to as fhe "PRE.M7SES" locaied in the
County of Spokane, State of Washington, and more particularly described and depicted in
Aitacbment "A," attached hereto and incorporated herein by reference, to the ,LESSEE.
PROVIDED, however, the Parties recognize that the LESSOR intends to construct a
swiFnming gool on a portion of t11e PRI-EMISSS. In the event the LESSOR does cflnstruct
such a facility, the - Paities agree that the LESSQR will designate a given number of
existing parking spaces on its parkincr lot in Valley Mission Park so that the total available ,
parkin~ spaces to the LESSEE on the PRE.MTSES and the Vailey Mission parking lot will .
equal ttie numbar of spaces required in conjunction w7th Conditional Use Permit No.
CU`E-5-83 ONLY. Any- adai-tional-,p3rkiug requlired by tile LESSEE as a result of any
expansion of-its Wafer Slide aperations on the Valley LMission Park, above and beyond
those requi:zed under Conditional LJse Permit No. CUE-15-$3 will be tne sole responsibility
of the LESSEE and are not i,ncluded inthis I,ease 4greement. "
Tht-I LESSEE shall use the PREMISES solely as a parking lot for I..ESSEE'S employees
arid patrons of its Water Slide operated an a portion of the Valley lvlission Park under a
. Lease Agreement with Spokane Caunty.
SEC'I`ION NO. 2: TERM Al\TD ItE''I' .
The term of rhis Lfease Agreement shall be for six (6) yea-rs coir,mencing an July 26, 2001
and terminating on July 25, 2007. The ar►nual zent each year within the six-year tenn of fhis
Lease A.greeement Shall be $2,000.00 per season. A season shall consist of that fime fraine
, from April lst to September 30~' of each calendar year. LESSEE shall indicate its desirz to renzw this Leas:, Agreement by giving the COUNTY
six (6) months wriiten notice prior to the end of the ferm. Any renewal shall*be subject to
apgroval by the LESSOR, wliich auay be withheld at its soie discntian for any reason
whatsoever. Additionally, any renewal shall be subject to such terms and conditions as. the
LESSQR dEterinines necessary azicUor appropriate. . -u
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SECTION NO. 3: ADDITIONS, AL'i'E-RATIONS AN➢ I?YIgROVE1VIENTS
The LESSOR may not make any additions, alterations or improvement,5 in and to fhe
denised PRE142ISES without prior approval by the LESSEE. Any addition, alteration, or .
improvsrnent authoriz-ed by the LESSOR on or to the demised PREMISES during the
term shalI become part of the demised PREMISES and the sole property of the LESSOR.
SECTION NO. 4: REP:4►M/M.4INTENANCE
The LESSEE shall, at all times during the terrn of this L,ease Agreement a.nd at its own
cost, expense, and repair, maintain in good and safe condition the demised PRENf7SES.
Maintenance shall include sweeping the PR.EiNUSES as necessary; ma.intaining garbage
and litter collection; striping of parking stalls and directional symb.ols on the PREMISES
as needed; all expenses associated with irrigation and maintenance of landscaping
adjacent to and surounding the PREMISES to include sprinkler repaus; annual
winterization and start-up of said irricration system; regular mow-ing; and weed
eradication. In the event the LESSEE shall fail or refuse to meet its responsibilities as set forth in this
~ section the LESSOR, at its soIe opfiian, may under take such responsibilities eiiher though
its staff or tbrough a contractor. The LESSEE agrees that it shall be responsiblc for all
costs incurrad by the zESSOR or its contractor(s) in meeting such respansibilities aad
that such it shall pay any and all costs «ithi.n thirty (30) days of billing by the LESSOR
SECTION NO. 5: U'rLLIfiIE5
All application and cotznections for necessary utiiity services on the demised PREMISES
required by the LESSEE, shall be made in the name of the LESSEE only. LESSEE shatl
be solely liable for any utility charges that it requires as they become due, including but
not limited to those for electricity.
SECTION NQ. 6: ENTRY ON PRE-NIISES BY L.ESSOR
LESSOR reserves the right to entcr the PREMISES for any reason whatsoever at any time
with or without notice to the LESSEE..
SECTION NO. 7: INSURANCE
During the period of This Agreeanent LESSBE shall carry and keep in force, at its sole
expense, a commercial general liability insurance policy with nunimum i1II31t5 of
S1,000,000 per occurrence with a $3,000,000 aggregatL for bodily injury and S 1,000,004
per occurrence for property damage. Said policy shall be written by a reliable insurance
e,
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company or companies and shall provide that said policy shall not be canceled, materially changed or not renewed without 30 days prior notice thereof to the LESSOR The
LESSOR resmzs the right to approve the LESSEE'S insurance carrier(s). The LESSOR
shall be named as an additional -narned insured in all such policies and the LESSEE shall
provide the LESSOR «dth certified copies of said covi'-rage prior fo cammencement af
operation of the Water Slide. Said policy may be inclusive with the insurance policy
provided by the LESSEE in con3unction with Water Slide Agreement executed under
Resolution No. 01-0313.
SECTION N0. S: INDEMNIFIC ATXON
(a) The LESSEE agrees to indeuunify and defend the LESSOR £rom any loss, cost or
expense -claimed by third parties far property darnage and bodily injury, including deatii,
caused solely by the negligence or uJillful misconduct of LESSEE, its employees, or agents
in connection with the lease of the PREMISES under +.he terms of this Agreement.
(b) The LESSOR agrees to indemuify and defend LESSEE from any loss, cost or expense
claimed by third parties for property damage and bodily injury, including death, caused
solely by fhe negligence or willful misconduct of LFSSOR, its employees, or agents in -
conziection with the obligations of the LESSOR under the tmns of this Ac-rreement.
(c) If the negligence or willful misconduct of both the LESSEE and LESSOR (or a petson
identified above far which each is liable) is a cause of such damage nr injury, the loss, cast
of eVenses shall be shared beiween the LESSOR and the LFSSE.E in praportion to their
relative degrees of negligence ar willful misconduct and the right of indemnity shall apply
, to such proportion.
SECTION NO. 9: ASSIGNI4EN'T'/SUB USEISUBLE_ASE OF PREM[SES
LESSBE may not sublease or assipn fhis Loase Ajreement wi#hoLt the expressed w-ritten
consent of the LESSOR. In cbnjunction with considering whether or not the LESSOR will
agree to any sublease or assignment, the LESSOR will consider, among other factors,
whether ar not the subleasee/assignee will use the PREMISES in conJunction with the water
sIide business on the adjacent praperty.
SECTYON N0.10: 'F'ER-NZINATYON
. LESSEE rnay terminate this Lease Agreement for any reason whatsoever upon 90 days
advance writt,.°n notice to the LESS4R. In the event of the LESSEE'S temun3tion under
: this Section, the LESSOR shall re-imbuise the LESSEE a pro rat.a amount of any prepaid
rent.
Pa2e4of8 . .
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0739 . .
LESSQR may terninate this Agreennent for material breach of any provision therean by the
' LESSEE. Provided, hotvever, the LESSQR shall first give LESSEE 30 days advance
written nodce of such ffiaterial breach. Such aotiee shall be in writing, must specify the
provisians within this Lease Agreement that have bcen breachcd a,nd afford the LESSEE a
30-&y tine Ermne to cure such defeet. Lf such material breach is cured wF#hi.n such 30-day
time irzme, the not?ce of t,erniinatian shall be null a,nd void. SECTION N0. 11: BINDING EFFECT
This Lease Agreenient sha11 biud and be inure to the benefit of the respective heirs, personal
reprLsentativcs, successors, and assigns of the PARTIES.
,
SECTION NO. 12: MODUICA'TIOn
No modificarion or amendment of this Lease Agreement shall be valid until ths same is
reduced to writing and executed with the same farmalities as this present Lease Agreement
SECTION N0.13: VEiNLTE STYPUZ 4'FION
I`his Lease _4greement has and shall be construed as baving been made and defiverad in the
State of Washington, and the laws of the State of Washington shall be applicable to its
cflnsiruetian and en.forcement A-ny action at law, suit in equity or judicial proceeding for-
the eniorcemeat of this Agreement, or any prMision hereto, shall be instituted on.ly in
courts of eompetent jurisdiction within Spokane County; Washington.
SECTION N0.14: HEADINGS
The section headings in this Lease Agreement have been inserted solely for the purpose of
convEnience and ready refzrence. In no way do they purpart to, and sha11 not be deemed to,
. define, liinit or exfend the scope or izrtent o£the sectian:s to which they agpertain.
SECTION NO. 15: COMPLIANCE WTTH LEASEHULD EXCySE TAX
LESSE-E hereby acknowledges that to the extent this Agreement is subject to the
"leasehold excise tax" as set forth by chapter 82.29A RCW as now or hereinafter
amended, the same shall promptly be paid by the LESSEE, in addition to the fees set forth
in Se.ctian No. 2 of this Agreement.
SECTION rT0.16: SLTRRENDER UF PREiVIISES •
At the termination of tlus Lease Agreement or any extension or renewal theraof, the
' LESSEE will quietly and peaceably yield and surrender the possession of the PREMISFS to
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the LES S OR ia as good eon di6vn as when re"ived., reasonable wear amd #car and damage `--by fire a-nd the elements excepted, sxad wilZ s=ender a11 keys to the LESSDR.
SECT~ON NO.17: TONI~ ~D HAZ4JRDO"~~ ~UB3TANCE5
I..ESSE-S- sha11 got di.spose of an}r toxic, substances oz hazardous wastes on the PREMISFS.
~~~~~ON NO.1S: ALI1 WRITIl~GS CON'TAIlNEI? H~REIN This Lease Agreernen# contaans al] t~e te= and conditiaw agreed upon by thG Parties. No
other understandings, oral or a#htrwise, zegarding tha subjec# rnatt.er of fts Agreement shall .
-bt, deem-t-,d to eXist or to bind any of the P-ARTiES here#a.
IN WITNESS VVTMREOF &e PARTIES bereto have cause~d this Agree-ment to be
executed on the day and year Erst set forfh above. •
n~ c.`~.~~~{,rn# BOARD OF ~OUIlf~IY COUMSSIOhiERS
OF SPOKANE COUNTY, W_4SR.NGTON,
p x.ARKIS' au - ' '
ATTF~T:
VICKY M. DAL TON, •
e Boarad I - ~OSKELLEY
~ ' .
amelaEriclu6n, Deput} C1erk
, S I-ATE OF NVASIM40TON ) '
) ss.
Coun#-y of Spvkan.e ~
On tus W2 d.ay oz ~f.1 G~ '100 J,•before Fne, ~e undersi~ed, a Notary Puhlic
in and ~'or the State of V4'as~igt~n, 1~+ commissjaned and swom, pmonal3y aPPeD.red PHIIILI? -
, D. HARF.Y~, M. KA'iE 14icCASLIN, .4-ND •JOM ROSHY-F.LEY, to ive knoua to be fhe Conniissioneis of the Board of County Commissioners of Spokane County, a politic9 subdivision
of the State of Wa,shisYgton, that execu#nd the wittrin arrd faregoing iustrumimt, and aclnowledged
thD &aid t'wttument to be the free and voluntary act and deed of said po1i#cal subdivisian, for the
u-ws a'rd purposes tlzereia ruen#ioned, and on oath stated that t6ey wers authorized to txaGuto said
instr=en#, a~,d that the s~l ~xed is the seal of said ~~unty.
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2 0739
IN «'ITr"ESS -WHE REOF, I have her o sct n1y hand d affixed m' seal the day and
year first w-Titt~ abo k;64I1111/1' / ~ •
~
P.. 7-
OTA.RY PLBLIC in and for the Staic of
Washingwn, residing st Spok2ne.
My caminission cxpires: 72~00~
T T
SPLASH DOW2r COrC'ESSIONS, II~C.
.
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Br
Its: pz~~
(Title)
STATE OF WASHL1GTOV )
) ss.
Coimty of Spokane )
Qn this day of
2001, before nz personally appeared
14
W;_ `er.iIt,,, 4a~~,~tr ~ to me k-na to be the Authorized Signatory of Splash Duw:~
Concessions Inc., tbc corporation that c-xuted the within and foregoing instrument, and
aclrnowlodged said instrument to ba the frrt and valuntaiy act and deed of said corporatian= fo;
the uses and pw-pos~-3 Lncrcin men:;on,--d, ;.,-rd an oatn str:t~-] that hc •,vas authorir.e~d ;o :te=ute
said instrumr:ni.
Ili WITr-ESS WHEREOF, I have hereunto set tny hand and afnxeti my ofificial seal the
day and year firs* abova written.
0
- - - . . _ PU'B Sta r
as' :ng'on, residing m pokane.
My cotntnissioa cxpires: 'M-t- n
Ei.'u1'sag-an'W gr:rrrr3's~ltuy ;ow~ , a.-F_in3 cae: "r.il GE-17N J1ac
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CITY OF SPOKANE VALLEY Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion consideration - authorize staff to negotiate long-term Splash-
Down lease and concession agreement.
- GOVERNING LEGISLATION: RCW 35A.11.020
PREVIOUS COUNCIL ACTION TAKEN: Study session April 15, 2008. .
BACKGROUND: Spokane County entered into a series of agreements with Splash-Down for
constn,iction and operation of a water slide business, as well as a separate lease for parking
across iVlission Avenue. Those agreements expired due to passage of time in 2007 when
Splash-Down did not give notice of intent to renew. On 'April 15, 2008, the consensus of the
Council was to put the agreement on a future agenda under Consent Agenda. At that time, the
~ Council also requested that a separate motion be set to authorize staff to enter into negotiations
for a.long-term lease with the owners of Splash-Down.
OPTIONS: Approve as drafted; instruct staff to provide additional information.
RECOMMENDED ACTION OR MOTION: I move that we authorize the City -Manager or
designee to begin negotiations with the owners of Splash-Down on a possible long-term lease
and concession agreement to replace the two agreements. -
BUDGET/FINANCIAL IMPACTS: All of the budget impacts have been previously considered.
STAFF CONTACT: Cary Driskell, Deputy City Attorney; Mike Jackson, Deputy City Manager;
Mike Stone, Parks and Recreation Director.
ATTACHMENTS: none ~
'
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: [J consent ❑ old business X new business ❑ public hearing
❑ information admin. report ❑ pending legisladon
. AGENDA ITEM TITLE: First Reading Proposed Ordinance 08-008 Storm water and Surface
Water Utilities GOVERNING LEGISLATION: RCW 84.56, former COSV 10.10 PREVIOUS COUNCIL ACTION TAKEN: The City Council previously adopted Ordinance 03- 031, establishing the City storm water and surface water utility in 2003. Council reviewed this
matter at the April 15, 2008 study session.
BACKGROUND: The City Council previously adopted Ordinance 03-031, establishing the City
storm water and surfaoe water utility in 2003. Ordinance 03-031 was later codified in Title 10 of
the Spokane Valley Municipal Code 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. In 2006 and
2007, the City drafted a new development code, the Uniform Development Code (UDC) to
O implement its Comprehensive Plan adopted in 2006, and intended to move items that were not
specifically development related, such as the storm and surface water utility (the Utility)
previously codified in Spokane Valley Municipal Code 10.10.10 through 10.10.110, into more
appropriate areas of the Code.
The City adopted the UDC pursuant to Ordinance 07-015, on the 24th day of September, 2007;,
and became effective on October 28, 2007.
Staff has subsequently identffied several instances wherein portions of the previously adopted
development code were unintentionally not re-codified-, including those provisions previously
codified as SVMC 10.10.010 through 10.10.110. -
The end resuPt is the storm and surface water utility was inadvertently removed. This action
replaces the omitted sections.
OPTIONS: Move to a second reading at subsequent meeting; suspend rules and adopt; take
other action.
RECOMMENDED ACTION OR MOTION: I move that we suspend the rules and approve
Ordinance 08-008. .
BUDGETIFINANCIAL IMPACTS: None, as long as the Council re-adopts the storm and surface water utility.
STAFF CONTACT: Cary P. Driskell, Deputy C'rty Attorney
ATTACHMENTS: Proposed ordinance adopting a storm and surface water utility.
i C.I'!'Y QF SPOKANE VA:I..LEY
SPOKANE COU1`TY, V1'ASHLI~GTO\
ORDiNANCE NO. 08-008
AN ORDTiNANCE OF THE Ci"f'Y QF SPOKANE VALLEY, SPOKA\`E COUNTY,
WASH.INGTUN FSTABLISHiNG SPOKA\7E VAILLEY MUNICLC'AL C(JDE
SECTIONS 3.80.010 TH1tOUGA 3.I30.090 1ZE,LATING TO A STOR111 AiNrD SURFACE
WATER UTILITY; SECTTQN 3.30.220 ESTARLISFIIIVG A STORM Ai\`ll SIJRFAC.F,
VVATER UTT[,.TTY FUND; ANU OTAFR MATTEiZS RELATINC T111 RFTp
NVFTFREAS, the City of Spol:ane Valley previously adopted Ordinance 03-031 establishing a
storm and surface water utility; and
WAFREAS, Ordinance 03-031 was lacer codified in "1"itle 10 of the Spokane Valley vlunicipal
Code as part of what was referred to as Che dcvelopment code, although it should have been placed in title
3wit}i other finance-related topics; and
WKERFAS, in 2006 and 2007; the City drafted a new development code, the Uniforrn
Development Codc (UDC) to implement iis Cornprehensive Plan adopted in 2006, an(l intended to move iCcros that were not specifcally development relLited, such as the storm and surface water ulility (the
Utility) previously codified in Spokane Valley Municipal Cade 10.10.10 dirou};h 10.10. 110; and
WMEREAS, the City of Spokane Vallcy adopted the UDC pursuant to Ordinance 07-015, on the
24th day of September, 2007; and
WHEi2EAS, the UI7C became effcetive on October 28, 2007; and
VVAEREAS, the City of Spokane Valley subsequently idenl:ified several instances wherein
portinns of thc previously adoptetl development code were unintentionally nat re-codified, including
those provisions previously codified as SVMC 10.10.010 through 10.10.1 10; and
NVHFREAS, il would be more appropriate to mave one provision relatina to creatinn of a storm
and surfaee water utiliry fund to SVMC 3.30; and
WHEREAS, die absence of these code prnvisions frotTi the Spokane Valley Municipal Cnde woulcl be detrimentsl to the liealth, safety and welfarc of the citizens af the City; arid
WB]rRFAS, tlie citizens of the Cit)+ have continuausly reaeived the benetit of the Utilit), from
Januvy l, 2008 to present.
NOW TH~EI2EFORE, TRC Cl'1'Y COU\`CTL SI'ECIFICAT.T..Y QRDr1.[NS r1S SET
r okTH 13 FLQw:
Sectiun One. Purpose. The purpose of this Ordinance is to establish code provisions fnr the
creation and regulation of a stortn and surfaee water utility, and creation of a stonn and surfaee water
utility fund in the Cicy of Spokane Valley.
Section Two. Creation oT New Chapter Pmviding for Creation and IZegulation of Storni and
Surface Water Utilih=. 'I'he Gity of Spokane Valley adopts a riew chapter to the Spokane Valley
A1tmicipal Codc, 3.80 entitled "Storm and Surface Water Utility", which is set forth as follows:
Ordinance 08-008 ,Aclopting Seorm and St►rface Wa1er Utilir}, Page 1 of 4
Section 1 hree. 3.80.010 - Stormwater UtilitY. The City ofi Spokane Vallcy hcreby establishes a
storm and surface water utility to providc for the develnpment, maintenance and contml of storm drainage
and surface water within the City. The City reserves and eleets to exercise all power and authoriry
relating to the construction, acquisition, condemnation, maintenance and operation of the slorm draina{;e and surface water systems, including the right to establish rates and charges for service.
Section Four. 3.80.020 - Definitions.
"Developed pareel" medns any parcel of real pmperty that has becn altered from its natural state including clearing, grading or filling, wheCher or not that wnrk accompanies excavation and construction.
"lmpervious surface" means a hard surface area, which either prevents or retards the entry of
water into the soil mantlei►s under natural conditions prior to development, and/or a hard surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow differrnt than
the natural conditions prior to developmerit. Common impervious surfaces include, but are not limited to,
rooftops, rval"vays, patios, driveways, pavred parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen rnaterials, and oiletl surfaces which similarly impede the natural infiltration
of stormwater. Open, uncovered retention/detention facilities shall. not bc considered as impervious
surfaces. - - • "Parcel" mcans any area of Iand within tlie City that is identified as a distinct properly by the
Spokane County assessor's office, whether or not the parcel is consiclered taxable.
"R.ieht-of-way" means a strip or parcel of land dedicated to the Cicy for public uses including
street, mass transit, bicycle, and pedestrian uses as well as emergency access, utility, drainage, vegctation
manabement, view comdor or other necessary public uses.
Section Five. 3.80.030 - Utility Charge. There is hereby imposed upon every developcd parcel
of property within the City, a stonn and surface water utility dnnual charge, . D ~
' .
_ .4 , ate~r~ge~es: Utility
charges shall be uniform fAr the samc elass of customers or service and facilities. T-he-Gity #eFeby
~eer~e~es-by-ra€e a
-eselution The ratcs and charges prnvide a method to fund the storm and surface water
utility and establish enmprehensive management and administration. The storm and surface water utility
annual charge imposed bv the utility shall be eslablished by the City Council Fna),-by separate resolution
medi£y-tho-rate
Except as ot:herwise_ provided in RCW 90.03.525 for the Washington State Department of
'I°ransportation, all public entities and public property shall be subject to rates and charaes cstablished by
- the City Gouncil for storm-vvater control facilities to the same excent as private persnns and private
property, except as prohibiteci by law. The City Couneil, when setting rates for public entities and .
property, may consider stormwater services provided and maintained by the public cntity and other
related improvements, as well as donations of services and property to the City utiliry.
Section Six. 3.80.040 - Eny of premises. Whenever necessary to makc an inspection to enforc;e any of the provisions nf this chapter, the Public Works director or designec may enter upon a
parccl at rcasonable times to inspecC the same; provided, that if a building or parcel is occupied,
identification and a request for entry shall be made. If a building or parcel is unoccupied, all reasonable
efforts shall -be made to contact the owner prinr to entry.
Section Seven. 3.80.050 -Exemptions. Each year, low-income seniors and disabled persons
receiving relief under ltCVV 84.36.381 shall receive the following partial exemplions from surface water
charges:
A. All pamels for which a person qualifies for an exemption under RCW 84.36.381(5)(a)shall be
exempt frpm 40 percent of the utility fees. .
Ordina.nce 08-008 Adopting Storrn and Surfacc Wster ULility PaDe 2 of 4
S. All P" arcels for which a P crson qualifies for an exemPtion under RCW 84.36.381(5)(b)(i) shall
-J be exempt from 60 percent of the utility fees. C. All parcels for which a person yualifes for an cxemplion under RCW $4.36_381(b)(ii) shall
be exempt from 80 percent of the utility fees.
Seetion Eipht. 3.80.060 - Billina~ payment and collection. The 1'ublic Works director or
desigmee shall prepare and certify a roll identifj,ing the developed parcels and the related utility chitrge to
be paid. The City may, thraugh agreement with the Spnkane Coumty treasurer, arrange for the ut.ilily
charge to be placed upon the propert_y tax bills sent to the taxpayer of property within the City of Spokane
Valley. All charges shall be due and payable in accordance with RCV►' 84.56.020. There.after, accounts
shall be deemed delinquent and shall bear interest at a rate qf one percent per month; or at such other rates
as may be authorizerl by law, eomputed on a manthly basis &om the dale of dclinquency unt.il paid in full.
All charges (and interest) received shall be deposited into the stormwater utility fund.
Seclion Nine. 3.80.070 - I,:ien far delinquent char es. In addition to any other remedies
permitted by law, the City shall have a lien pursuant to Chapter 35.67 RC1V, as currently enacted or
heretifter amended, for all delinquent and unpaid storm and surface water rates ancl charges, inctuding
interest at the statutory ratc, against the developed parecl which is subject to the charge. The lien ma_y be
foraclosed pursuant to Chapter 35.67 RC1N.
Seetion Teo. 3.80.480 - Administrative adiustments. The Public Worl:s director or designee
may authorize in writing to the county treasurer, a refund; credit or adjustment fnr any rate or charge
when it is deterrnined that an crror, miscalculation or mistakc has occurred. No refund, credit or ser-vice
charge actjustment may be authorized unless brought to the atlention of the Public Works director or
designee widiin oric year of the occurrencc of the error, miscalculation nr mistake. In any instance where
refund or credit is authorized, accrued interest on the outstanding amount shall be waived. . Seetion Eleven. 3.80.090 - Management cooperation. Recognizing the purpose and functions of
the City stormwater utility zinct to pramote interjurisdictibnal cooperation, the publie worl:s director or
designee may coordinate and jointly perform activities with Spokane County and other jurisdictions that
promote the maintenance, operation and development of die City storm and surface water drainage utility.
The public worlcs director may aclopt rules, polieies and progrims that relate to joint aelivities between
the City and other jurisdictions including the review of development proposals that affect storm or surface
Nvater contrql.
Sectiun Twe1vE. 3.30.220 - Creation of New Section ln Chapter 3.30 Cncitilecl Stormwater
Utilitv T'und. Therc is hcrcby establishcd a fund lhat iS tp be known as the scormwater utilicy fund, into
which shall be deposited monies received by the City with expenditures authorized as are properly
chargeable to the fund pursuant to this cllapter. Monies in die fi►nd shall be budgeted and appropeiated for
purposes consistcnt with the storm and surface ~<<ater utilit~y inclucling, but not limited to, the planning,
designing, acquiring, constructing and maintaining of stornlwater control, conveyance and treatment
facilities plus rea.sonahly related administrative cxpcnscs.
Section Tbirteen. $everability. If any section, sentence, clause or phrases of this Ordinance
should be held to be invalid or unconstitutional by a court of competent _jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or eonstiCutionality of an}' other section, clause or phrase of
tliis Oedinance.
i
Ordingnce 08-008 Adopting Storm and Surface Water Utility Page 3 of 4
Section Fourteen. Effective date. This (7rdinance shall be in Full forec: and effect five -
days after publication of this Ordinance ar a summary thcrcof occurs in the official newspaper of
the City as provided by law.
1'assed by the City Council this day of April, 200$.
Mayor, Richard Munson
ATTIE ST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
~
Orc3inance 08-008 Adopting Storm and Surface Water Utility Pake 4 of 4
CITY OF SPOKANE VALLEY
1 Request for Council Action
~ .
Meeting Date: April 22, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ otd business , X new business public hearing •
❑ information ❑ admin. report X pending legislation
AGENDA ITEM TITLE : First Reading Proposed Ordinance 08-009 Amending 2008 Budget
GOVERNING LEGISLATION: State law requires a public hearing and an arnendment to our
budget when we believe we will exceetl our appropriations. PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2008 was adoptetl 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 Counal reviewed these amendments at the Apnl 15, council meeting. 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 forjoint planning;
2) budget for costs remaining 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
Rockwell Sewer Street Improvements ($195,410);
5) budget for street capital projects including Broadway, I-90 to Park Road, Appleway,
Tschirley to Hodges and Broadway, Moore to Flora. Appendix A, Employee Position Classification table is attached and needs to be adopted to
correct errors in previous tables.
OPTIONS: Options include amending the budget, amending the budget for some of the
changes and making no amendments. The budget should be amended to comply with
Washington State law.
RECOMMENDED ACT10N OR MOTION: A motion to advance ordinance 08-009 to a second
reading.
BUDGET/FINANCIAL 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 •
CITY OF SYOKANF VALLEY
SPOKANE COUNTY, WASHINGTON
QRDINANCE NO. 08-009
Ai\` ORDliYANCE OF 1HE CITY OF SPOKANE VA.LLEY, SPOKAr"E COUNTY,
WASHINGTON, AMENllING ORDI1'ANCE NO. 07-018 PASSED BY THE CiTY COU'NCII,
OCTOBER 23, 2007 ANI) FNTTTLEll "AN ORDINANCE OF 1'HF CiTY QF SPOKANE
VALLEY, SPOKANE COUNTY, WASAINGTON, AllOPTING A BUDGET FOR THF PFRiOD
JANYUARY 1, 2008 THROUGH DECEMBFR 31, 2008, AYPROPR7ATINC FUNDS AND
ESTABLISHIIYG SATJARY SCHEDULE-S FOR ESTAI3LISHED POSITIONS."
WI3E12EAS, subsequent to the adoption of the annual budget, it has become necessary to make
changes by adding new revenue, amendments, appropriations and transferrinb funds in order to pmperly
perform various City functions, services and activities;
WkIEREAS, the budget changes set forth in this Ordinance eould not have,been reasonably
anticipated or known when the annual buciget was paSSed by the Citiy Council; and
WI3EREAS, the City Council has deterrnined that the best interests of the City are served by
amenciing the adopted budsct to reflect anticipated revenue, expenditures, fund balances, and
appropriatins syme a.s set forth herein. NOW THERFFORC, The City Council of the City of Spokane Vallcy, Washington do ordain as
follows:
~ Section I. Arnended Revenues. Ordinance No. 07-018, as adopted or amended, adnpted the budgct for
the twelve months ending l?ecember 31, 2008. Eaeh itcm, revenue, apprnpriation, and fund is hereby
amended as follows.
A. General Fund (001) of the 2008 budget is anendeci to nrovide for additional revenue in the
amount of $150,000 from a state CTED grant and $167;000 from unappropriated beginning Cund balance.
B. Street Fund (101) revenues are amencleci to include $47,000 from unappropriaCed beginning
fund balance. C. Arterial Street Funci (1 02),eevenues are anended td include $800,000 in unappropriated fund
balance which remains unspent from 2007.
D. Community Developmenl :Eund (306) revenues are amended to include $245,000 in 2008
~~ant funds.
E. The Capital Grants Fund (307) revenue is amcnded by adding $4,171,000 in grants and Iteal
Estate Excise'f axes
For purposes of these budget amendments, Erhibit "A" is attached hereto and incorporated by this
referenee as set forth in full.
Ordinance 08-009 Amending 20013 Budget Page 1 of 3 .
D12AFf
REVENUES:
NUMBER NAME Fund Balances #7 REVENUES
001 GENEFtAL $ 41,757,400 $ 317,000 $ 42,074,400 ,
101 S7REET $ 5,875,972 $ 47,000 $ 5,922,872 -
102 ARTERIAI ST. $ - $ 800,000 $ 500,000 .
103 TRAILSJPATHS $ 30,000 $ - $ 30,000
.105 HOTEL/MOTEL $ 668,000 $ - $ 668,000
123 CIVIC FAC. REPLCMT. $ 397,000 $ 397,000
204 DEBT SERVICE $ 600,000 $ - $ 600,000
. 301 CAPITAL PROJECTS $ 4,420,000 $ - $ 4,420,000
302 SPECIAL CAP. PRJ $ 4,420,000 $ - $ 4,420,000
303 STREET CAP PRJ $ 7,354,023 $ - $ 7,354,023
304 MIRABEAU PT $ 454,000 $ - s 454,000
305 STREET BOND PRJ $ - $ - $ -
306 COM DEV BLK GRIJT $ - $ 245,000 $ 245,000
307 CAPITAL GRANTS $ 7,176,000 $ 4,171,000 $ 11,347,000
308 BARKER BRDGE FED S 5,862,800 $ - $ 5,862,800
309 PARKS CAPITAL PRJ $ 4,260,000 $ - $ 4,260,000 •
310 CIVIC FACILITIES $ 5,085,000 $ 5,085,000
120 CENTERPLACE OP. S 335,000 $ - $ 335,000
121 SERVICE LEV. STAB $ 5,400,000 $ - $ 5,400,000
122 WINTER WEA7HER $ 560,000 $ - $ 560,000
402 STORMWATER , $ 3,160,000 $ - $ 3,160,000
501 EQUIP REPL 8 RES $ 780,000 $ - $ 780,000
502 RISKiIAGMT $ 217,100 $ - $ 217,100 TOTALS $ 98,812,295 $ 515901000 $ 104,392,295
"1 he new total of all fund revenucs and beginning fund balances, appropriated for the year 2008 is ,
$104,392,295. .
Scction 2. Expenditures Appropriated. To appropriate l.he amendments feom the above estimated
revenues and beginning unrestricted fiuncf balances for each separate fund, the expenditure apnropriatinns
for the pcriod January 1 through I7ecember 31, 2008 are amended as set forth below.
E7CPENDITURES/Al"l'ltOl'RIATIONS: .
001 GENERAL $ 32,705,058 S 317,000 $ 33,022,058
101 STREET $ 4,195,304 $ 47,000 $ 4,242,304 •
102 AI27ERIAL ST. S - $ 800,000 $ 800,000
103 TRAILSfPATMS $ 30,000 $ - $ 30,000
105 H07E11MOTEI. $ 668,000 $ - $ 668,000
123 CIVIC FAC. REPLCPAT a 397,000 $ 397,000
204 DEBT SERVICE $ 600,000 $ - $ 600,000
301 CAPITAL PROJ. $ 4,420,000 $ - $ 4,420,000
302 SPEC. CAP, pRJ $ 4,420,000 $ - $ 4,420,000
303. STREET CAP I'RJ $ 7,354,023 $ 7,354,023
304 MIRABEAU PT $ 454,000 $ - $ 454,000
' 305 STREET BOND PRJ $ - $ - $ -
306 COM DEV BLK GRNT $ - $ 245,000 $ 245,000 •
307 CAPITAL GRANTS $ 7,176,000 $ 4,171,0D0 S 11,347,000
308 BARKER BRDGE 1=ED $ 5,862,800 $ - $ 5,862,800
309 PAFtK3 CAP. PRJ $ 4,260,000 $ - $ 4,260,000
310 CIVIC FACILI7IES $ 5,085,000 $ - $ 5,085,000
120 CENTERPLACE OP. $ 335,000 $ - S 335.000
121 SEFtVICE IEV. STAB $ 5,400,000 $ - $ 5,400,000
122 WINTER W[ATI-IER $ 560,000 $ - S. 560,000
402 STORMWAI'ER $ 1,983,944 5 1,983,944
501 EQUIP REPL 8 RES $ 780,000 $ - s 780,000 -
502 RISK MGMI' $ 217,100 $ $ 217,100 '
707ALS $ 86,903,229 $ 5,580,000 $ 92,483,229
Ordinance 08-009 Amending 2008 Budget Page 2 of 3
URAFI' .
These amendments include budgets for a planning grant for governmcnts in Spokane County, authorizing
2008 funds for the completion of the streeC master plan with dollars remaining from 2007, budgets for use
~i of remaining Arterial Street Nuncl dollars, reeognizing tiwo communiry developroent grant projects and
chree street capital projecls.
'fhe Cotal balance of all funcl cxpenditures appropriated for the year 2008 is $92,483,229.
Section 3. P9sitinns. The City of Spokane Valley's authoriz.ed full time equivalent positions is
89.15. Sectinn 4. Severabilitv. If any section, sentence, clause or phrase of this Ordinanee should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or const.itutionality of any other seetion, sentencc, clause or
phrase of this Ordinance.
Section 5. Effective 17a1e. This Ordinance shall be in full forcc and effECt five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
Passcd by the City Council of the City oC Spokane Vallcy dhis _ day of 12008.
ATi'FST: kich Munson, Mayor
~ Christine Bainbridge, City Clerk ANPIZOVED AS 1 O FOR.M:
Qffice of the City Attomey
Effective Date: Date of Publication:
Ordinaiice ~
Ordinancc 08-009 Amending 2008 Budget Page 3 of 3
budgotamwWrneM 495-OB City of Spokane,Valley
Exhibit A
Amendments to 2008 Budget
April 22, 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 masterpian
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 $ 800,000 Beg. Fund Balancs
$ 800,000 Street Capital Projects
306 Com. Dev. Block Gmt
. $ 245,000 Com. Dev. Blk. Grants $ 48,612 Sprague ADA Improvements
$ 196,388 Rockwell Sewer St. Improvements
307 Capital Grants Fund . .
. $-4,171,Q00 REET Beg. Fund Bal. and Grants
$ 3,000,000 Appleway - Tshirfey to Hodges
$ 430,000 Appleway - Moore to Flora
$ 741,000 Broadway -190 to Park Rd
Grand Total $ 5,580,000 $ 5,580,000
, , . .
` . .
DRAFT Appendix A DRAFT
EMPLOYEE POSITIUN CLASSIFICATION
MONTHLY SALARY SCHEDULE
2008 Salary Schedule
Effective 11112008
Amended 4J1412008
Position Title Grade 2008 Ran e
Ci Mana er Unclassifred
De u Ci Mana er 21-22 $ 7,818 - 11,137
Ci Attome 21 7,818 - 10,023
Communi Qevelo ment Director 21 7,818 - 10,023
Finance Director 21 7,818 - 10,023
Public Works Director 21 7,818 - 10,023
Parks and Recreation Director 19 6,332 - 8,119
Human Resou .:Plannin Mana er 18 5,700 - 7,307
Buildin Official 18 5,700 - 7,307
Senior En ineer - Ca 'tal Pro'ects Devel ment 18 5,700 - 7,307
De u Ci Attome 18 5,700 - 7,307
Senior En ineer - Traffic, CIP Plannin /Grants 17 5,130 - 6,576
Accountin Mana er 17 5,130 - 6,576
Ci Clerk 16 4,616 - 5,918
En ineer 16 4,616 - 5,918
Senior Plans Examiner 16 4,616 - 5,918
Public Works Su nntendent 16 4,616 - 5,918
Senior AdminisVative Ana st 16 4,616 - 5,918
Senior Planner 16 4,fi16 - 5,918
nssociate Planner 15 4 155 5,371
CenterPtace Coordinato' 15 4.155 - 5,327
Assistant En ineer 15 4.155 - 5,327
IT S cialist 15 4,155 - 5,327
En ineerin Tech II 15 4,155 - 5,327
Human Resource Ana t 14 3,740 - 4,794
AccountanUBud et Ana st 14 3,740 - 4,794
Administrative Ma st 14 3,740 - 4,794
Assistant Planner 14 3,740 - 4,794
Buildin Ins tor II 14 3,740 - 4,794
Plans Examiner 14 3,740 - 4,794
Public Information Officer 14 3,740 - 4,794
En ineerin Technician I 14 3,740 - 4,794
Senior Permit S ecialist 14 3,740 - 4,794
Maintenance/Construction Ins or 13-14 3,365 - 4.794
Recreation Coordinator 13-14 3,365 - 4,794
Customer RelatEanslFaciliti 13 3,365 - 4,314
Code E:nforcement Officer 13 3,365 - 4,314
Bwldin Ins or I 13 3,365 - 4,314
Plannin Technician 13 3,365 - 4,314
De u Ci Clerlc 12-13 3,029 - 4,314
Senior Center S ialist 12-13 3,029 - 4,314
Human Resouroes Technician 12-13 3,029 - 4,314
AdminisUative Assistant 11-12 2,726 - 3,883
Permit S cialist 11-12 2,726 - 3,883
Accountin Technician 11-12 2,726 - 3,883
Maintenance Worker 11-12 2,726 - 3,883
Office Assistant II 10-11 2,453 - 3,495
Custodian 10 2,453 - 3,145
Office Assistant I 9-10 2,208 - 3,145
'GIS1Database Administrator Pendin Pendin
C1Documents and Settings\CBambndge SPOKANEVALLEYlocal SettingslTemporary Intemet Fi4e510LK4\Employee Position
Ctassificatbn418-08
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Da6e: Apnl 22, 2008 City Manager Sjgn-oifi
Item: Check ail tfiat apply ❑ consent Q old 6usiness ❑ new business ❑ pubiic heanng
❑ informatian ❑ admin report f_ ,1 pending legistaiqn
AGENDA fTEM TITLE: MOTION CONSIDERATION; STA Ballot Issue Deliberation/Decision
[3A('kGitOiJrD: Council held n public hearing April 8 on thc folloN ing propusal balbt issue:
t'rnposed Qallot Tide: Propositian No. 1 Cuntinuaiian of Existing Sttlcs/L)se Tax far 1'uhiic
Transportation Scrvices.
lhr Spokanc "i'ransit Autharity Board of Directors approvcd a proposition sccking thc
continuation of the existing sales snd use tax Authority prcviously appmved by voters in 2004.
'tbis proposition authcxiaed Spokane Transit Auihority to cantinuc the collci.tioo of up to three-
tenths of one poroent sales and usc tax lo prescrve tbe tcgion's puhlic ir.insportation :ystc.rn, all
as providcxl in Kesolutian No. 633-08.
Shuuld this pmpt)sition he: .4prroved? Rejected''
~ PREVIOUS COUNCIL ACTION TAKEN: Public Heanng Apnl 8, 2008
BACKGROUND:
OPTIONS: Motion to support the propositiori; motion to not voice support of the proposition; or
other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to [supportJ or [no1 voece support ofj, gr
[remain neutral on] Proposfion No. 1. Continuation of Existing SaleslUse Tax ior Public
Transportation Services
BUDGETlF1NANCIAL lMPACTS:
STAFF CONTACT: Mike Jaclcson
ATTACHMENTS
Cl'fY UF SPOKAVE VAL[,FY
Requcst for Council Action
Mecting Datc: April 22. 20c:18 City Managcr Sign-off:
Item: Cbeck all that appl ❑ consent old business ❑ new busincss ❑ public hcaring
n informaiion ❑ ndmin. rFport ❑ pend'mg legislation
A(;ENt)A 1TF:M "f1T1.E: ktoticm ('on:+-icleraticm: Interorx.rability t3aUoi is1ue: 1/10 of 1% Sales
1'ux fcx Emergency Communicatiotu Systems and Facilities, (ncludini; [:yuipms.nnl. Crirnc C'heck and
Rcverse F.mcrgency Nolification Systcm
HACKGROUNU: Couneil held a public bearing April 8 on the followiog proposed battot issuc:
PropQSCd Bi[lol TiQe: Propasition Nu. I Onc-Tcnth oC Onc perce;nt salcs and use tax solcly
t'or crncrgency wmmuniuation sysicros and fFU;ilities tu include aquipmerit, crime chack and the
reversc emergency nvtification system.
Ilte Baerd of County Commissioners of Spc►kane County adopted Resolution No. 08-0170
corocrning a proposition to incrcasc the salcs and uw tax. "ihe proposition would imposc an
additionul one-tenth of onc pcnccnt ssk.s ead usc tax throughaut Spokanc County for a 10 year
tirnc fiamr. the proxceds thcrc from tu be u.ud sulcly for costs associated with the dcsign,
acquisition, conswctian, oquipping, npcrating, maintainina remcadeling, repairin& rcequipping,
impmvement and finuncing of emergency communic.ation systems and facilities to inctudc
c-quipmcnt, crimc check and the nwerse emcrgca►cy natification sysrtcm. Should this
propocition hc eprn,vcd^ 1TS. I Nn..... - . 1
PREVIOUS COUNCIL ACTION TAKEN Public Heanng Apnl 8, 2008
BACKGROUND:
OPTiONS: Motion to support the proposrtion: modon to nat voice support of the proposition; or
other appropriate action.
RECOMMENDEO ACT10N OR MOTION: Move to (supportj or [not vaoe support of] or
[remain neutral on] Proposition No. 1, Une-Tenth of Clne perzrnt sales nnd u.4e tax sulely for
emetgency communieation systems and facilities to itx;lude rquipmrnt, crime check and the rcverse
cmergenc,. notifrcation sys-tem.
BUDGET/FINANCIAL IMPACTS
STAFF CONTACT Mike Jackson
ATTACHMENTS.
. ~
~ .
~ S P O K A N E C O U N T Y
zmm~
OFFIaR oF foc.,*v•rr C!zhuuzr~i,~rts
T00l7 A43Fa.:.'3,1 SF DT57'RICf ' 1•L+iR}: RICI{ARD, 2NDDIS7RICT •$o?,iN]E 1I.9G ER,3itDDIS]RICf
,
Mr1TC}1 25, 2008
. FicC~~~~~
IVIr. Da<<c ~'Iercier
City Managcr MQR 2:7- Zo98
City of the Spokane Valley et7yp~~SP~~NE
11707 E. Sprague Avenue, Suite 106' c~Ty~~~.,LL~•
Spokane Valley, R'xs6ington 99206 '
Re: Respbnse to Questions regurditig potential ballot measure raising 1/10 of 1% sales tax
revenues to support conz»iunication infrastructure improvements, Crime Check and 911
17ear Dave:
This correspondencc is in response to your letter of February 7, 2008. Tn that letter, on behalf of tbe Ciry
Council and staff, you presented various questions «ritb regard to the potential 1/10 of 1% sales ta..x for
Emergency Communication Systems and Facilities.
For ease of reference, the Board will reiterate your question and then provide response thereta Many of
0). the responses have heen prepared by Bob Lincoln, Spokane nolice Departrnent Planning and Information
' Analysis ARanager.
Question No. 1: Wliat state or federal legislative relief might be available to reduce or
othenwise mitigate the financial challenge stemming from the FCC ruling that raquires
public safety agencies to vacate current handwidth? ,
Answer: Presently grants are the only sou.rce of relief. Thesc are limited Federal grants
but in most cases are very competitive. Spokane ha,s app6ed for three g•ants, and to datie .
has been awarded ttivo totaling $5 million. With match requirements, the total is $6.5
million. Question No. 2: Have ten-year revenue and expense forecasts been prepared to depict the
amount of revenue derived From the potential salss ta.r hike in each year and to specify a plan ihat allocates the new sales tax revenue between communications infrastructure
improvements, Crime Check an d the 911 system in e.ach year prior to the sunset date?
Answer: See attached 10 yea.r analysis
Question No. 3: Have multi-year pro forma budgets been przpared to identify the amount
and timing of budgetary deficits anticipated for 911 services that the ballot measure
would seek to alleviate?
Answer: See attached 10 year analysis
• Question r°o. 4: NVhat amount of revenue is Ssnate Bill 6884 making voice over intemet
protocol communications links subject to 9] 1 taxation) expected to generate? Should
. 1116 WEST SR0.4DWAY AuENUE • SPOK.a1.E, WASHING7oN 99260-0100 •(509)477-2265
. ~
vlr. Dave 1VIercier, City iVlanager
March 25, 2008
Page 2 ~that legislation pa.ss, have estimated revenues been incorgorated into a 911 projected
budget to determine bow much of the anticipated long tem budget gap may be closed by
the new revenue stream?
Ansvrer: Senate Bill 6884 died in committee there will be no addirional funding from
voice over intemet protacol for the 911 system in 2009.
Question Na 5: What other statewide legislative options are being researched and /or
. promoted to derive more broad based financial support for 911 operaiions in lieu of loca) '
sales tax? . • .
Answer: There is no state wide effort being made at this point in time to provide
financial support for emergency communications interoperability. RCW 82.14.420 is
presently the only available long term funding source for emergency communicaiions,
. report u7iting (crime check) reverse emergency notification, and assisting 911 to meet
funding shortfalls. • _
Qucstion No. 6: Is there a way to phase in the desired cflmmunications inf.eastructune
system improvements rather than seeking funding for the construction of the complete '
system improvement plan at Chis time? If so, what would the costs be in which years?
Answer: No. There is an FCC mandated narrowing banding deadline of 12131/2012.
Becausc of the scope of the project, it is going to take at least four years to complete.
Question No. 7: Will the life-cycle-cost of purchasing, installing, maintaining and upgrading the proposed system during the 10 year sunset period be calculated? If so, will
all of those costs be incorporated as supporting information for public consideration and
also included in the ballot measure? _
Answer: See attached 10 year analysis. The provisions of RCW 29A.36.071 govern the
requirements for language within ballot propositions. The Board's resolution plaaing
before the voters the Emergency Communication Systems and Facilities ballot
proposiCion does not ir►clude the life-cycis-cost information. The Board does anticipate,
' to the extent authorized_ by RCW 42.17.130, preparing fact information to assist electors
in voting on the ballot proposirion. This fact infotmation may include life-cycle-cost
information. .
Question No. 8: Wi11 a debt service schedule be developed and made available for public
consideration? If so, when might it be available?
Answer: At the present time it has not been deYermined whether it will be necessary to
, issue bonds in conjunetion with the items to be funded with the successful passage of the
Emergency Communication Systems and Facilities ballot proposition. Additionally, it
has not been- determinetl N-.,hich public entity will issue the bonds. Accordingly, a debt
service schedule has not been prepared. ~
Mr. Dave Mereier, City A'Tanager
-J March 25, 2008
Psge 3
Question N0. 9: Has a ten year pro forma budget been prepared to identify the
anticipated budD tary nceds of Crime• Check and determine if the proposed ballot
measure would be sufficient to cover expected expenses?
Answer: See attached 10 ycar analysis
Question No. 10: `Vhen will the ballot language be available for public and City Council
considerations? -
Answer: To assist public entities and agencies supporfing the Board's placement of the
Emereency Communicaiion Systems and Facilities ballot proposition before the County
electorate, the Boa'rd passed Resolution Tjo. 08-0170 on February 26, 2008. The Board
anticipates taking action on the attached resolution formally placing the matter before the
electors on or before Friday, March 28`h, in order to meet the Auditor's filing deadline.
' Both dar,uments are attached. -
1 Questiioa No. 11: Is the BOCC confident tiiai coinmunications infrastructure, Crime
~ Check and 911 funding can all be treated in one ballot question and prevail in any
~ potential lega] challenge?
Answer: Tbe Board has very carefully considered the language within the Emergcncy
Communication Systems and Facilities ballot proposition. The Board is conf dent that the ballot proposition is consistent with the provisions of RCW 29A.36.071 and RCW _
82.14.420.
Nopefully, the above answers adccluately address your questions.
Very truly yours, . .
Bonnie Mager, Chair ~ Todd Mielke Vice-Chair Mark Richard, Commissioner
Enclosures
, . ~a~
8 4170 ,
( rro. MAR 2-1 --.20d$
BEFORE THB BOARD OF COUNTY CONLMISSIO?dERS C" OcSPOKAJVE V;~~ ~
C~' CLEr'w~G `~`Y
OF SPOK.ANE COUNTY, WASHII~IGTON
1N THE aI4ATTER OF T'HE BALLOT )
PROPOSITION FOR THE 1/1& OF i% SALES R E S OLU T I O N.
AA1D USE TAX .4S AUTHORlMD UNDER )
RCW 82.14.420 )
. THIS MATTE$ having oome befare the Board of County Cornmissioncrs of Spakanc County (the '
`Boar(f ) at its 9:30 a.m CEO BricSmg on Febnmy 26, 2008, and dhe Board being fuUy briefcd on tht nrat#a by
. James P. Eniaciq Chief Civil Aeputy Prosxutiqg Attarney, did move, second, and unaniziwusly pass a motion
Wotiing the following ballot propositian languag~, subjed bo further acti~on by fhe Board in placmg the matter
before thc clec;tm. The ba]lo# proposition language approved was as foIlowed:
~s~sKSS«~sa~~**~ss~*«s~**s~*#*s#
PROPOSITION NO. • SPOKANE COUNTY
01`E-TENTH OF On`E PE1tCENT SALES AND USE TAX SOLELY FOR EATERGE\CY
COtMYIUN"ICATION SYSTEMS AND FACII.ITIES TO LNCLUDE EQUIPNiErT, CRIME
CAECK AN-D TEM REVERSE EMERGENCY NOTIFICATION SYSTEM
~
~ TAE BOARD OF COitNTY COMMISSIO\`ERS OF 5POKANE COI1N'TY ADOPTED RESOIlUI'ION I\O. 08- CONCERNING A PROPOSITION TO INCREASE THE SALES
AND USE TAX. THE PROPOSITTON WOULD IlWPOSE AN ADDITI0N:4L ONE-TENTH OF pl~tE PERCEN"'I' SALFS AND USE TAR THROUG$OUT SPOKAII~~E COUNTY FOR A 10
YE.4R TIl« FRAME, THE PROCEEDS TFIERE BROM TO BE I3SED SOLELY FOR COSTS '
ASSOCIATED VVTTH TAE DESIGN, ACQUISITION, CONSTRUCTION, EQUIPPING,
OPERAiTII\`G, MAL~TTAIl1`ING, RRMODELI111G, REPAIRING, REEQUIPPING,
I1ITPROVEMENT AND FINANCING OF E1'MRGENCY COMMUNYCATION SYSTEMS.A11"D
FACII.ITIF„S TO INCLUDE EQTIPMENT, CRIME CHECK :4ND THE REVERSE
EiN'IERGENCY NOTIFICATION SYSTEM.
SHOULD THIS PROPOSITION BE APPROVED? . YES [ ] N0 J ~#**t!!#ltAt4t~4lf3*tti*iGtlt**#~# '
' "I'he Board of Coimty Concmissioners of Spokane Cotmty dfles hereby reaffirm and confirm the above action at it$ 2;00 p.m February 26, 2008, Agenda as aby- Ieave item
f . .
~
Pase 1 of 2
$ O 1'7Q f
P.ASSED AND ADOP'fED this day of 2008. L.
~co
o ~~~'ro BOARD OF COUI~'TY COMA4ISSIONERS
o~~°~ OF SPOKANE, COU~1 -WASHINGTON , ~ ~fl :
.
~g. BONiNL8 M AGER, Chair ATTEST: ~ ~iC~• • ' ' .
CLERK OF THB BOAR,D _
T iTEL
~
Daniela Ericison . M.4R.IC RICI-IA.RD, Convnissioner •
. r.
f •
,
Page 2 of 2
. rro. *qR
BEFORE THE soARD oF coUrvrY coNMssioN'Exs
OF SPOKANTE COUNTY, WASHINGTON
N TBE MATTER OF CALLII~~G FOR A, .
SPECIAL ET ECTION WITI-IN SPOKANE ) COUN1"Y TO BE BELD Ori TUESDAY, NiAY )
• 20, 2008 ANxD SUBN=G TO TH.E )
ELECTORS A PROPOST1i0N TO IMPOSE ) AN ADDTfIONA.L OTT-TENTH OF ONE )
PERCENT St1LES A,A1D USB TAX )
THROUGHOUT SPOI:.ANTE COUN'1'Y, AS ) R E S O L U T 10 N
AU'I"HORIZED BY RCW 52.14.420, FOR A
'IN; (10)1'`E_AR TIIvpF FtAW, 'I'BE ) . ,
NIONTEYS RECETVED'1"HERE FROM TO BE )
USED SOLELY FOR EME1tG'CY )
COIvfMTJNICATION SYSTENtiS ANTD )
FACl:LITIES TO ]NCLLFDE EQUII'-N ! , ) CRIME CHECK AND THE REVERSE )
EMF..RGENCX NOTIFICATION SYSTEM ) R'HEREAS, puzs~uant to the provisions of RCW 3632.120(6), the B4ard of County Commissioners
of Spokane County (hereinafter sometimes rs£errod to as the "Board") has the care of County properry and the
: . management of Coimty funds and business; and R'HEREAS, pursuant to the provisions RCtiV 82.14.420, a county legislative'authority may submit
an authorizing proposition to the counfiy voteccss, and i.f the proposition is approvad by a majoriry of persons
voting, fix and impose an additional sales and use tax in the amount of ons-tenth of one percent of the selling
price in the case of sales tax, or value of the article usod, in the case of a use tax, the money received from any
tax imposed there under to be used solely for rhe purpose of providing funds far costs assoeiaied with
financing, design, acquisition, consfiiction, equiPPing, oPerabno, maintaining, remotieline, repairing,
reequipping, and improvement of emergency coinrnuia.ica#ion systems and facilities; and ,
WHEREAS, Spokane Connty has received corrspondence/dncurneztation from the following
citiesJtovwnslagencies./electad officials requesfing that the $oard of Coun'ry Cominissioners plaae before the
voters of Spokane Coun#y a bal1ot pioposition for the imposidon of an additional sales and use tax in the
amount of one-ienth of one percent of the selling price in the case of sales tax; or value of the arficle used, in
the case of a use tax, the money received from said tax to be used to solely for the puepose of protiidi:ng filnds
for costs associated Aith desip, acquisiiion, construction, equipping, opezating, maintainin~, remodeling,
Fepairing, reequipping, improvement, and financine, of emergency COIIimnnicafioII ystems and
facilities/equipnient ' . . '
(1) Airway xeights (2) Cheney . - • .
(3) City of Deer Pazk .
(4) City of Spokane (5) Fairfield , _ .
~ (6) Fire Di-t-ict #3
. Pagc 1 of 4
- ~ (7) FIIS DiifiilCt ~ ~ .
(8) F1TE DISfliCt #5 .
(9) Fire l7islric# #8
(10) Fire llistrict ;9 _
(11) Fire District #10 2) Fire District #12
(13) Fire District #I3 (14) Larah
(15) 'Madical Lake
(16) Milhvood (17) Rockford
(18) spangle . .
(19) Spokane County Emergency Services Comavunication Board (Ex}ubit 1);
(20) Spolcane Couwry Fire Commissioners Association ~
(21) Spokane Cour►ty Sheriff . ,
(22) Spokane Valley Fire Comuiissioneis ' _ .
(23) Waverly F~'HEREAS, based on the recommendations tht cities/boN~,ns/agencies/elected officials referanced ia
the imrnediately nreceding recital, the Board of County Cosnmissionen finds chat it, is in ti►e best interests of
the citizeas of Spokatie County and necessary for the public health, safety and welfare to call for a special
election to be held on May 20, 2408, whereat the electors of Spokane County will be preseated ARth a ballot
proposition on whether or not they R=ant to azithorize the Baazd of County Cornmissioners of Spokane Couafy ,
#o fu and impose an additional a sales and use tax in the amount. of one-tenth of one percent of the selling
~ price in the case of a sales tax, or value of tlie article used, in the cass of a use tax within Spokane Coun#y for a r-
ten (10) year tinie frams, the moneys received froan the tax to be used solely far the purpose- of proNiding
fvnds for cos#s associated with design, acquisition, constrvction, equipping, operazing, mainraiain~,
remode2ing repairing, resquipping, improvement and fiuancing of emereency coanmunication systcros and
facilities, to inclucle equipmemt, crime check and the reverss cmergency notiiicaiion system, as provided for in
RCW $2.14.420. -
NOW, THEREFORE, BE 1.C HEREBY RESOLVED by the Board of County Commissioae,rs of Spolane County, as pro-6dad for in RC'1~V 82.14.420, that the Board does heaeby reques-t aspecial election be
held on Tuesday, D7ay 20, 2008, wherein a ballot proposition, more parficularly set forth in Aitachment ".a,"
attacheci hereto and incorpoiated henin"by referznce, be submirted to the qualified elaatora of Spoksne
Connty, znd that the Clerk or the Bo2rd of Counry Commissioners be and is accordingly instiucted to notify
the Spokane County. Audifor, supen7sor of elections, of such fact, and to request said Auditor and supeivisor
to call and conduct said Election in ihe manner provided by law, and to submit that ballot proposition sst fot#h
in Attachmeat "A'' hereio in the foffi of x ballot 5tle substantially set forth fkerein.
BE IT FURTHER RESOLVED, by the Board o£ County Commissioners of Spokane Cowa'ry, that Yhe Board believes accountability to the public is essential in the eveni a majorit), of the persoas
votino on the.ballot proposition provided for bErein approve the imposition of an additional sales a-nd use
tax in ihe amo•:uit of one-tenth of one peroent o.f ihe sellin; price in the case of sales tax, or value of the
article used, in the case of a use tax as provided for in RCW 82.14.420. Accordingly, if the cax is
approved, the Board of County Comuussioners will establish a voluntary advisory committee to be
known as the Citizens Emergency Communication Systems and Facilities-Advisory Committee. T}ie role
of the Citizens Emergency Cammun.icalion Systems and Facilities Advisory Committee cvill be to ensure
that citizens are continuously in1'orned and educated on the expenditure of revenues generated by the
additional 1/10" of 1% sales aud use tax. The Cituens Emerger.cy Communication Systerns mad Facilities r_ ' E
Page 2 of 4 ,
f`.. • . i
Advisory Committee will consist of six (6) merrabers appointed by tha Board of County Commissioners,
two (2) froin each Gounry Commissioner District The iaitial terms, which will be de#ermined by lot by
the Clerk of the Board, shall be tzvo (2) for one-year terins, two (2) for hvo-year tenns and tu=o (2) for
three-yeaz tsrms. Thereafter, the terrns shall be for four (4) years. Membars of the Citizens Emergerrcy
Community Systems and Facilities Advrsory Commi#1ee will be limi#ed to a maximum of eight (8)
consecutive years service on the Committee. The composiuon of the Ciiizeans Emergency Commun.ication
S~vstems and Facilities tldvisory Committee will consist of eniirely lay citi2ens representin- the
comraunity. The Citizens Emergency Communication Systenu and Facilides Advisory Committee will be
responsible for providing the Baard_ of County, Commissioners on an annual basis on or before September
1n of each year with a fiduciary . report which ineludes ihe status of complcted, pending and future
projects/services funded by the 1/10`b of 1% Einergency Coniniunica.tion Sysiems and Facilities sales and
use eax, and the appropriateness of the use of those fuuds on behalf of Spokane Counfy t4payer for the usES as dcined by the ballot proposition provided for herein and the enablug legislation. The Board of
County Commissioners will put the annual report prepared by the Citizens Emergency Communication
Systems and Facilfties Advisory Committee on the County's website as well as make copies available to
the public upon request at no charge.
PASSED t1-NTD ADOPTED this day of , 2005.
BOA.RD OF COLNTY COADvLISSIONIERS ,
OF SPOKA.NE, COUNFTY, WASI-n\TGTON
. BONfiTLE MAGER, Chair ATTEST: CLERIC OF 1'HE BOA.RD .
TODD NIIELLKE, Vice Chair
Dasaaela Erickson MA.RK RICH.ARD, Commissioner
. l
t
. • Page 3 of 4 . . •
ATTACI-B9~j'I'
. PROPOSI°ITONNO.
SPOKANE COU\'TY
ONTE=TETrTH OF ONiE PERCENT SALES As~1D USE T.AX SOLELY FOR E_VLERGENCY
COMMUNZCATION SYSTENiS r1ND FACILITiES TO INCLUIaE EQT.3IPNIEINT, CRLME CHECR
. AND THE REVERSE EMERGENCY NOT'IFICATION SYSTEM '1W BOARD OF COUNITY COMMISSTOrTERS OF SPOKr1NE COUI~~'T`Y ADOPTED RESOLUTI0iN
N0. 08- CONCERNING A PROPOSITTON TO INCREASE 7HE SAZ.ES ANTD USE Tr1X.' THE
PROPOSMON WOLZD Ilvg'OSE A.N ADDITIONAL ONE-TEiNTH 0F ONtE PERCENT SALES
t1ND USE TAX TI-iROUGI-iOUT SFOI:..~~ COUNTY FOR A 10 YEAR TIIviE FK-AIvfE, TTM
PRpCEEDS THLR.E FROM TO BE USED SOLELY FOR COSTS ASSOCIATED R'TTH TH}?
DESIGN, ACQU'ISTTION, CONISTRUC'I'ION, EQUIPPING, -OPER.ATNG, vIAT~1i TAINING,
REMODELING, REPAIItING, REEQULPPIINIG, IMPROVEWNT ANfll .MIA\C1NG 0F
E_MERGENICY CO-NiGv1[.1NICATION' SYSTEIvIS AND FACII-IT1TS TO INCLUDE $QUTPME.V'I', '
CRIML CI-IF-CK Al\~ THE REVERSE EMERGEIvCY NOTCFICATI0N SXSTEM. •
SHOiTLD'THIS PROPOSITION BE APPROVED? .
~ YF-S
NO J
~
Page 4 of 4 -
• _ . Page 1 of 6
Dave Mercier .
From: • Dave Mercier Sent: Thursday, March 06, 2008 8:40 AM .
To: 'Mielke, Todd'; Lincoln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, Joe; Cfloley,
Gavin; thompsonm@spokanevalleynre.com; Bob Anderson; 8rian Asmus; Brown, James V.; Bruce
Holloway; Chisholm, Chuck; Chuck Hafner, Chuck Stocker, edl@scfd4.org; Emacio, James;
farnell, Marshall; Hawells, Shelly; Jeff Sale; Kirkpatrick, Anne; Knezovich, Ozzie; Richard, Mark J.;
Mizell, Lor{ee; Morgan Koudelka; 'Nicks, Jim; Towzr, Jeff, Rick Van Leuven; Voermans, Nancy;
WUentwor#h, Bob; Williams, Bobby
Cc: City Counal; Mike Connelly; fti/like Jackson
Subject: RE: 10 year cost anaiysis
Todd:
I received replies from both you and. Mark io yesterday's email and it sQems that the matter of priorities is .
unsettled. Please alert me to the flnal priority anay when defermined by the BaCC. .
As we attempt to anticipate guestions arising ak the upcoming public hearing, I would be helpful if the Board of .
Commissioners asked Jim Emacio to opine on three ballot language related questions. Does inciusion of the
words Crime Check in the ballot quesGon require tiiat Crime Check be fulfy funded with the proceeds of the 1110
of 1% sales tax? If not fully funded, does the ballot language compel any particular level of partal ftinding? Does
the bailot language in anyway distinguish betvveen providing revenue for current levels of Crime Check funding
and funding only "expanded Crime Check?" Regarding the current revenue projection estim3ting an annual 3% rate of increase, have you seen this moming's .
Spokesman Review article on declining sales tax receipts reported in February? It Indicates that some area • ~
' municipalPties have experienoed a downtum in sales tax collections between (-1 and (-26%). February is a bellweather month because that is the time when December holiday sales receipts are distributed to jurisdlctions.
According to the Counry Budget Office, sales tax received frflm area cities accounted for 46'!0 of County sales tax
receipts in 2007. Do you anticipate revisiting the revenue projection calcUlatian in response to this information?
Thanks.
Dave
From: Mielke, Todd [mailto:TMIELKE@spokanecounty.org] .
Sent: Wednesday, March 05, 2008 10:36 PM
To: Dave Mercier; Lincoln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, Joe; Cooley, Gavin;
thompsonm@spokanevalleyfire.rnm; Bob Anderson; 8rian Asmus; Brown, James V.; Bruoe Holloway; Chisholm,
Chuck; Chuck Hafner, Chuck Sbacker; edl@scfd4.org; Emacio, James; Famell, Marshall, Howells, Shelly; Jeff Sale;
Kirkpatrick, Anne; Knezovich, Ozzie; Richard, Mark J.; Mizell, Lorlee; Morgan Koudelka; (Vicks, Jim; Tower, Jeff;
Rick Van Leuven; Vaermans, Nancy; 1NenLworth, Bob; Williams, Bobby
Cr. Ciry Council; Mike Connelly; Mike Jaclcson
Subjett: RE: 10 year cost anafysis
Dave:
Thank you for the clarification on the scheduling. I also agree with the {egal advice you have received regarding
the process, including proper notification, fior 3 rnunicipal jurisdicltion to oonsider taking a formal position on a
• ballot proposition. -
~You are correct in your assumpbons in paragraph number iwo. I want to be clear tha# the ballot proposal pays for the "expanded" Crime Check program and will not supplant the current runding, utilized to support the Crima
Repqrting Center on its current, lirnited-hours basis. I/27/2008
.
Page 2 of 6
~ The,technical work group has been vrorking diligentty to go through your letter dafzd February 7th on a"line by
fine" basis. In my reading of the corespondence, the financial spreadsheet appears to address the majority ol' the ~
~ ques tions. T h e r e a r e a c o u p l e m o r e t h a# B o b L l n co{ n a n d o t h e r s a r e re s e a r c h i n g an d p r?pa ri n g a w+ritteii
response. The questions posed that are requiring a bit morz fime than anicipated to ans"wer pertain fio what the
state and federal government are doing. I'm not sure tha► we =re in any position to do morethan specuiaie on
those items based on what we have r22d in trade publications or news publications. In some cases, those
proposals at the fzderal and stalte level lack clairry fo provide us a basis for calctilating 7nanaal impacts.
INe hope to have a'cover letter addressing your questions and presenting the financial sprnadshep-t in a formal
manne[ to you very soon. . .
Thank you for your pafience and understanding of the tivork invblved in performing our due diligance. .
Regards, Todd P+iielke
From: Dave Mercier [mailfio:dmercier@spokanevalley.org]
Sent: Wednesday, March 45, 2008 02:47 PM ,
To: Mielke, Todd; Lincoln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, Joe; C,ooley, Gavin;
thompsonm@spokanevalleyfire.com; Bob Anderson; Brian Asmus; Brown, ]ames V.; Bruce Holloway; Chisholm,
Chuck; Chuck HaFner; Chucfc Stocker; edl@scfd4.org; Emacio, James; Famell, Marshall; Howells, Shelly; Jeff Sale;
IGrkpatrick, Annz; Knezovich, Ozzie; Ridiard, Mark Mizell, Lorlee; Morgan Koudelks; Micks, Jim; Tower, ]eff;
VanLeuven, Rick; Voermans, Nancy; Wentworth, Bob; Willfams, Bobby
Cc: City Counal; Mike Connelly; Mike Jackson
Subjec#: €tE: 10 year cost analysis .
~ Todd: ~
~
Jus# briefly let mn pass on tlie' legal advfce the Council recaived regarding the process for taking a pasition on a .
pending ballot issue. The fir5t sdep is to hold a public hearing (vrith two wreek published notice) so fhat all ,
'inferested persons have an opportunity to express dheir suppor#, oppflsition, concerns or ambivalence on the
matter. Public hearings on the inEeroperability and STA ballot issues ara currently scheduled for AQriI B, thereby
setting the stage far Council expcession of views on the issues on April 22. Our understanding is that bath steps
will be completed prior to ballflts being mailed to voters. The schedule is reflected in our Advance Agenda that is
posted on the City awebsite and was included in the Councfl pack2t for last evening's meeting.
Yes, your email message responds'to the two questions noted in my rriessage of yesterday. First, equipment
replacement is not fully funded under the scenario presensed In the spre3dsheet-negative $17 -$2.1 million.
Seaondly, the proposal ofifers fi.lll funding Tor acquisition and installation of equipment as the top priority, ful)
iunding for reverse 911 as the number hvo priority, followed by full funcfing for an expanded Crime Check system.
Please correci my understanding if off base.
For your reference, I have attached a copy of our letter to the Board dated February 7. It contains questions for
which tvritlzn responszs have not been raceived. Your response would facilitate Council di5cussion of the
rnafter.
I, too, recognize and appreciate the worlc and effort expended to complete a due diligence repflrt on the proposal.
Thanks fior your email.
Dave
5\`' ' ~ ~l
From: Mielke, Todd [mailto;TMIELKE@spokanecounty.org] -
Sent. Wednesday, h1arch 05, 2008 1:12 PM .
31270-008
' . Pa~e 3 of 6
To: Dave Mercier; Lincoln, 8ob; Rlchard Munson; Danek, Thomas; Apple, Sob; Shogan, ]oe; Cooley, Gavin;
thompsonmCaspakanevalleyfire.com; Bob Anderson; Brian Asmus; Brown, James V.; Bruce Holloway; Chisholm, .
~ Chuck; Chuck Hafner; Chuck Sbodcer; edlCscfd4.org; Emacio, James; Famell, Marshall; Howells, SheUy; )eff Sale; IGrkpatridc, Anne; Knezovich, Ozzie; Richard, Mark Mizell, Lortee; Morgan Koudelka; Nicks, lim; Towzr, Jeff;
Rick Van Lewen; Voermans, Nancy; VJentworth, Bob; Williams, Bobby
Subject: RE: 10 year oast analysis
Dave: Please be assured that the Board of County Commissioners (especially Mark & mysel~ have been very involved
with the working group on this topic. I know that I have attended most of thzir meetings, along with Police ChieT
VanLewen: I'm a bit cQnfused as to the da#e of the public hzaring for this topic. In a discussion wi#h Rich Munson-iwo days :
ago, I was told that it would be a vreek irom rhis coming Tuesday. Tha Board of County Commissioners is sef to
take action on placing this item on the ballot pdor to March 29. At ihat timz, we vrill ba listing all jurisdiciions that
have taken a posidion on this ifem. At the rate that jurisdictions ara approving r2solutions of support, Spokane ,
Valley may be the onty jurisdiction not lis#ed. My unders#anding is that Spokane Valley did take a position of
support last fall. This proposal has morz oetail and naw c,ontains a sunset clause that did noi exist previausly.
In addressing the other items yrou mentioned, let me start with the nve funding initiatives. This is a"catch 22." If
we don't.list the items on the ballot we caiinot use any of the funds for those purposes. Likewise, and despiie
last fall's claim by some that this would generate far tOORE money than needed, there is no indic4tion that all five
inikiatives would be sully funded. Therefiore, the assumption has besn that they will be prioritized. First and foremost is to have the right equipment
in place so that we can meet the FCC requirements and addreas many {hopefully alll} of the equipmenVtechnical
shortcomings of our current system. Seoond is to have in place the reverse 911 system. Third, the expansion of
~ the Crime Check system to relieve the "overburdening" of the 911 call ceenter. The fourth and sifth prioritities wauld be to fully fund an4icipa'ted shortialls in out years of 911 and radio equipment replarement.
Witn regard fo the budget spreadsheet, we vrera asked to prssent 10-yzar assumptions (by year) of projected
revenues and expenditures. Vlfiile had a fair amount of dialogue about this.
7he rzvenue assumes a base number of $7.7 rnillion (after revision) and a growth rate of 3 psrcent (also revised
downwzrd after review). .
The expenditure side assumes growth rates of 5 percent. That is based on a national CPI of 4.3 percent and a
national heal'th care CPI of 4.9 pzrcent. To be conservative, we did round up.
Ttie specific budget ftems are based on 2 studies by nationally recognized eonsultants hired to develop this plan.
In'boFh cases, tiiey came up wi#h an estimated capital expenditure cost of $40-45 millfon. That has never
changed. Ws have made some debt servicing assumptions based on typical financing of the midpoint -$43
. million over ten years. We have also reduced the assumed number for handhelds based on information shared at
a oonferQnoe last week in Nevada dvhere we received more explicit data on those cflst.s. In no way are we .
manipulating 2quipment needs or nnGnci?I numbers to fit our needs.
Las'lly, vre recognize thatwe are now underfunding the replacement category. It should be in the area of $25-28
million. Again, wn have attempted to disclosure on our spreadsheet to reflect that. -
The numbers we have are based upon initiallprzliminary engineenng estimates. Until such time as someone
gays to have fnal encineering camplEted, these are the best numbers available. And yes, there may be some
deviation on equipment cosfs once that is done.
~ Thz data that has been assembled to da'te has come on a voluntary basis. A cauple of the junsdict'ions are
asking staff to go'above and beyond' their normal duties to research these issues. I hope all of us recognize that,
and are also prepared-to u'Liliza somn ot our own staff time in oolleciing whatever ather data is available w!o the .
benefit of morz engineering work. .
I n7 rl nnQ
Page 4 of 6
- I hope this answers the questEOns you posed.
~
Regards, Todd Nielke From: Dave Mercier [mailto:dmercier@spokanevalley.org] •
Sent: Tuesday, March 04, 2008 4:09 PM
To: Lincoln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, Joe; Cooley, Gavin;
thompsonm@spokanevalieyfire.com; Bob Anderson; Brian Asmus; BroNm, James V.; Bruce Nolloway; Chisholm, .
Chuck; Chuck Hafner; Chuck Stocker; edl@sdd4,org; Emacio, James; Famell; Marshall; Howells, Shelly; Jeff Sale;
Kirkpatridc, Anne; Knezovich, Ozzie; Richard, Mark J.; Niizell, Lorlee; Morgan Koudelka; Nicks, Jim; Mielke, Todd;
Tower, Jeff; VanLeuven, ftick; Voermans, Nanc.y; 1Nentivorth, Bob; Williams, Bobby
Subject: RE: 10 year oast analysis
Bob:
Thanks for your reply. As you vriU recall, the questions arising from the gtoup's presentation at the Spokane
Valley City Council included a request to identify the fife-cycle-cost af the communications infrastructure system,
not just initial purchase and instaliadon costs. The purpose of the question was to solicat a true estimate of the
cost af aoquiring, owning and keeping the proposed system properiy functioning because aU of those costs will
need be paid nom 'tax sources (which need be identified) and it is impor#ant to determine the extend of the
-funding required in order far the Council and others to make an informed purchasing decision.
The spreadsfneet emaileti on 2119 shatived a repiacement cost figure of $25,240,000, the spreadsheet of eariizr
yest?rday shavved that cast recfuced to $13,000,004 and the spreadsheet issued late yesteroay further.reriuced
~ the cost estimats to $7,000,000. I appreciate thai estimates may fluctuate, bUt a decline fram $25,200,000 to
$7,000,000 suggests that a considerable amflunt of expected costs are no longer bping figurzd into the equation. ~
If that is so, the unrecognized costs would skew the over/under calculations foatnofed on the spreadsheet .
The current proposal identifies five funding initiatives: radfa system operdtiing expense, radio system replacement
expenss, crime check delta expense, reverse 911 notification expense and 911 operating 2xpense shortfalls. We •
have asked the County Gommissioners-through Commissioner Richard=to identify each af the five initiatives on
a one-through-five priority list. And, to clarify
wheiher the objectiva of the ballot issue is to fully fund ini±iatives according #o their relatlve priority or to provide
baselirte funding to each initiative.
Please be aware 'that wa asked fhrough Commissioner Richard fhat the Board of C.ounty Commissloner respond
in writing to the Guesdons thzy requested wre pravide them in dvritfng. Ihope that in doing so the warking group
will coordinate with the Bo3rd of County Commissioners so fhat we ara all oosrating on the same data_
For your information, the City Gouncil has scheduled a public hearing on the proposed balloi issue on April 8 so
that proponents, opponznts and interested parties can comment on the issue before the City Council considers
taking a pasition on the matter at tfneir meeting of April 22.
Again, thanks for your continued work. Dave
\ - -
From: Lincoln, Bob [mailto:BLincoln@spokanepolice..org] .
Sent: Tuessalay, March 04, 2008 8:53 AM . ~
, To: Dave Mercier; Richarcl Munson; Danek,, Thomas; Apple, Bob; Shogan, Joe; Coofey, Gavin; -
thompsonm@spokanevalleyfire.com; Bob Anderson; 8rian Asmus; Brown, James V.; Bruce Holloway; Chisholm,
;mnnnR .
. , . Paae 5 of 6
Chuck; Chuck Hafner; Chuck Stacker, edl@scfd4.org; Emacio, lames; Famell, Marshall; Howelis, She11y; )eff Sale;
IGrkpatricic, Anne; Knezovich, Ozzie; Richard, Mark J.; Mizell, Loriee; Morgan Koudelka; Nicks, Jim; Mielke, Todd;
~ Trnver, Jeff; R(t9c Van Lewen; Voermans, Nancy; Wenfivorth, Bob; Williams, Bobby
` Subject: RE: 10 year cost analysis .
Dave,
It is somewliat ironic that a couple of the opponents of the ballot measure last fall dase(ibed the project as a .
°boondoggle", assuming that the projectzd revenues would vastly outpace the projec#ed spending. 7hey fi.:rther
made statements to the effect that the new tax revenues would ba used to supplant general knd expendfiures.
- As you can see from the 10 year cost analysis, neither is trua.
As you know, any undertalang of ihis magnitude requires tha# we are fiscally responsibie. This means that at the
end of the day, we must not only build the new system, but accomplish the task while still repaying the debt
finance costs. However, it is my opinion that $7 miliion is not suriicient replacement funds. The general industry
standards assume a 15 year life expectancy for mQSt of the infrastructure equipment. Since we are operating
under a 10 year sunset limita#ion and our tirst priority is to buiid the new syssem, we need to look at other rneans
to mitigafe the costs and add to the replacement fund. .
First, it is still possible that we will get some legislative rellef in the form of VOIP tax dollars. It is difficult to
estfmate the impact on Spokane Caunty, but the fiscal nate estimates that 2009 s#atewide revenuas would
amount to approximately $400,000 and escalate to $1,371,000 by 2013. Second, we now astimete that we will
be able to use approximately $4 million from federal grants to offset sorrie of the capital costs. Th(s would have
the effect ofi reducing our debt costs and possibty allow us to direct more funds to equlpment replacement. Third,
through careful contract negotiations and ecanomy of scale, we could very well have significant cost savings on
the purchase of portable and mobile radias.
I appreciafe your help and suggestfons. It is a difficult task to balance all the project needs wfth Nmited funding.
Please let me know of any solutions that you belief vaould be useful in #his endeavor. _
iSobL .
From: Dave Niercier [maiito:dmercier@spokanevalley.org]
Sent: Monday, March 03, 2008 5:29 PM
To: Lincoln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, ]oe; Cooley, Gavin;
thompsonmCalspokanevalleyfire.com; Bob Anderson; Brian Asmus; Brown, James V.; Bruoe Holloway; Chisholm,
Chuc9c; Chuck Hafner, Cnuck Stocker; edf@scfid4.org; Emado, James; Famell, Marshall; Howells, She11y; Jeff Sale;
IGrkpatrick, Anne; Knezovich, Oaie; Richard, Mark J.; Mizell, Lorlee; Morgan Koudelka; fVicks, Jim; Mielke,-Todd;
Tawer, Jeff; VanLeuven, Rick; Voermans, Nancy; Wentworth, Bob; Williams, Bobby
Subject: RE: 10 year oost analysis
Hi Bob:
I noticed that tfiis laltest revision also reduced the amount of radio system repfacament expense by $b million. It
apQears that that.revision produced a posifive balance in the overlunder line offsetting the dawnscaled ravenue
projec#fon. I am assuming that tihe $b million dollar reducbon was not simply a mathematical adiustment to
• produce a positive cash tlow. Please let us know what improvementsllist of replaoements was #aken out of the
radio system expense line to net a$5 milfion reduction.
Thanks for your continued work.
Dave .
,
, From: Linooln, Bob [mailto:BUnooln@spokanepolioe.org] Sent: Monday, Niarch 03, 2008 4:40 PM ^ r~-rr,nno
. . ' Page 6 of b
Tn: Richard M urt~;anr Danek, lbomas; Dave Mercier; Apple, Bob;,Shogarl, Joe; Cooleyf Gavi n; .
~ tharnp~onm@ spokanevalleyfire.oorn; 6ob Anderson; Brian Asmusr Brown, James V.f 6ruae Hollowayr Ch€sholmr
~l ~ Chuek; Chuck Hafner; ChLick Stiacker; edl@scPd4.org; Errraaiaf aames; Farnell, Ma5 hallr Howellsr Shelly; Jeff Sa1ef ~
~Grkpatrid~ Anne; Knezovich, Oz~,le; lincolnr Bob; MR.icharcl@spokane~unty.orgf Mizell, Lor9ee; Moigan .
Kaudelka; Nidcsr ]imf Todd Miejkef Tavrer, ]eff; Rirk Van Leuven; Voermans, fdancy; Wentwarth, Bobf 1NilfCarrrs,
BobGy
SubjeCt: 10 year oDit analysis .
SuggesIed changes From Marshall Famell_ .
R educe frst year anti6i pated sales tax tevenua. $8,2 rnillion is too ambitious.
Year one anhcipatecl sale-s #ax rev anua cnangad f~vm $8.2 mil[ion to $7.7 m illion, with annual 33'o increase.
Bpb Linco€n ~ Spol[ane Polioe Departm2nt
Planning and Infarmatio n Analysis Manager
Desk {509} 835 4521 Cell (509) 954 5885
'
O . ~
u .
- v
ry _ .
I 4/'1'717~Sf1S~ .
Page 1 of 4
Dave Mercier From: Dave Mercier Sent: Saturday, March 15, 2006 10:14 AM
To: Richard, Mar1c J.
Cc: City Council; Mike Jackson Subject: RE: Expanded Crime Check - Proposed Ballot Issue .
Goad Moming Mark: .
I perceive your response to my request for clarificatlon as sounding more like a complaint than a clarincatfon of
how to handle any other questions that may arise. Be that as it may, let me herein formally respond in writing in
an effort fo satisfy your "package them in writing" comment.
At your request, I submitted a let#er to the Counfy Commissioners on February 7 itamizing the questions that .
arose when you appeared before the SPokane Valley City Council presenting information related to the propossd
ballot issue. Please accept the following as the package of written questions asked since the February 7 ietter.
March 3 question in email to Bob Linooln: °I noticed that this latest revision also reduced the amaunt of radio
system replacement expenss by $5 million. It appears that that-ravislon produced a positive balance in the
overlunder line offsetting the downscaled revenue proJection. I am assuming-that the $5 million dollar reductifln
was not simpty a mathematical adjustment to produce a positive cash flaw. Please let us know what
improvements/iist of replacements was taken out of the radio system expense line to net a $5 million reduction."
March 4 cornment in email from Bob Lincoln to Dave Mercier: "I appreciate your help and suggestions." [I took
j this comment as an indicatfon that the questions asked to date were nei#hwr "distracting" nor an inefncienf use of
l-- st?ff resources.]
March 6 question in email #o Todd Mielke: As we. attempt to anticipate questions arising at the upcoming public
hearing, I would bv helpful if the Board of Commissioners asked Jim Emacio to opine on three ballof language
related questions. Does inclusion of the words Crime Check in the ballot queskion requirz that Crime Check bee
fully funded with the proceeds of the 1/10 of 1% sales tax? If not fully funded, does the ballot language compel any particular level of partial funding7 Does the ballot language in anyway distinguish betwzen providing ravenue
for cuRZnt levels of Crime Check funding and funding only "expanded Crime Check?" Regarding the current
revenue projection es±imating an annual 3% rate of increase, have you seen this morning's Spokssman Review
artlcle on declining sales tax receipts reported in February7 It indicates that some area municipalities have
experienced a downturn in sales tax collections between (-ti%) and (-26%). February is a bellwether month
because that is the 'time when December holiday sales receipts are distributed to jurisdictions. Acoording to the
' County Budget Office, sales tax received from area cities aocounted for 46% of County sales tax receiplts in
2007. Do you anticipate revisiting the revenue projection catculation in rzsponse to this information?
March 6 comment in email to Todd Mielke: "I received replies ilrom both you and Marlc to yesterday's email and it
seems that the matter ot priorities is unse#tled. Please alert me to the final priority array when determined by the
BoCC."
March 10 question in email to Bob Lfncoln: "For Spokane Valley City Council consideration, itwould ba helpful to
know what the current Crime Check full budget is and what it buys in terms of FTE's, hours of operafion and outcomes for citizens. And, it would be helpful to have a copy of the proposed budget Tor the "expanded Crime
Check° that itemizes oosts and describss the expected higher FTE count, modified op°rations and citizen
outcomes".
The list would not be complete withoUt of the addition ofi what may havz been the only question not asked in a
wnt#en medium (ietter or email). VWfjen you met with city representatives on February 27 to discuss a proposed
~ Turtle Crezk JPA, I did make an oral request thatthe BoCC express a priority array for the five initiatives .
cflntained in the proposed ballot issue. Let me official repeat that request in writing here. .
I believe the forgoing five communicaGons with questions or comments captures what you dzscribed as having
- Page 2 0£4
th2 effect °to continue to bury thz team daily with questions." I hope this helps to consolidate the daia requests
and lift any unintended burden of responss. Iam open to your suggestions as 4o ho+nr to handle any other
quesdons that the City Gouncil or I may have.
Dave
From: Richard, Mark J. [mailfio:MRichard@spokaneoounty.org] .
Sent: S,aturday, March 15, 2008 8:12 AM ,
To: Dave M9ercier
Subject: RE: Expanded Crime Check - Propased Bailot Issue
Dave;
I thought I had prevlosty asked that you not oontinue to bury the team daily with questions but package them in v
' Thanks for asking for clanfcation; I hope this helps.
Mark
-----Original Message-----
From: "Dave Mercier° <dmercier@spokanevalley.org> To: "Richard, Mar1c J." <MRichard@spokaneoounty.org> . .
Cc: "City Council" <CityCouncil@spokanevalley.org>; "Mike Jackson" <mjackson@spokanevalley.org>
Sent: 3/14/08 9:41 AM
Subject: RE: Expanded Crime Check - Proposed Ballot Issue -
Marlc: .
I am uncertain of what you mean when you say you want me to package my quzstions. Don't ask them? Ask
~ only one pecson? Ask at another time (when)? Don't ask follow up questions? Wait until we have a list of
qusstions? ~
I have oonsistently said tfiat I appreciate the work the team is doing. And, I thought that posing questions now as fihe inTOrmation evolves would be more useful for all, ra4her than raising them at the publlc hearing for the f rst
kime. This way the team is infiormed of points of interest and has some time to ponder them and prepare
reasoned responses. Please darifry what you are asking for.
Ttianks.
Dava
From: Richard, Mar1c J. [mailto:MRichard@spokanecounty.org]
,Sent: l"hursday, March 13, 2008 8:22 PM .
To: Dave Mercier • _
Subject: RE: Expanded Crime Check - i'roposed Ballot Issue
I have asked that you please package your questions and allow the team to do iis wortc Dave.
Please honor that raquest. Feel free to call me if this is a problem.
Mark ----Original Message----- . ,
~ From: "Dave Mercier" <dmercier@spokanevalley.org> ,
To: "Lincoln, Bob" <BLinoolnC'spokanepolice.org>
Cc: "City Council" <CityCouncil@spokanevalley.org>; "Mike Jackson" <mjjckson@spokanevalley.org>.; "Morgan K ~
Sent: 3/13/08 5:26 PM .
Subject: RE: Expanded Crime Check - Proposed Ballot Issue
Pa.ge 3 of 4 .
Thanks Bob_ ~
Do you have infiormation about the 4hen FTE cflunt and full cost of Crime Check prior to the reduction that fook
placa snvsral year ago that curtai{ed 24 hour operations?
Dave Frorri: Linwin,,Bob [mailbo:BLincolnC spokanepolice.org] . Sent: Thursday, March 13, 2008 3:04 PM
To: Linooln, Bob; Dave Mercier .
Cc; City Council; Mike Jackson; Morgan Koudelka; Verner, Mary; Ashe, Susan; Nicks, Jim; Tower, JefF; Rick Van
Leuven; Knezovich, Ouie; Kirkpatrick, Anne; Shogan, Joe; Richard, Mark Mielke, Todd; Danek, Thomas
Subjed: RE: Expanded Crime Check - Proposed Baliot Issue .
Dave,
I h3ve attached two documents. Tfis budget numbers come from the 811 siaff and the Crime Check document
(Law Enforcement expectations of Crime Check) oome 4rom the previous referenced meeUngs. It should be
pointed out ttiat the document reotesents law enforcement expecta#ions and th3t all the matters included will nead
• ,
to be thoroughly vetted through Emergency C4mmunications Board. Therz are some areas in #he document that
will require further dfscussion, but i# is a fairly good representation of haw Crime Check will func#ion when it is
reinstated. . .
The existing Crime Reporting Center has BFTE's and 1 supervisor. We are being told ttiat the proposed Crime
Check will requira 20FTE's and 2 supervisors.
Bob ,
From: Linooln, Bob
Sent: Monday, March 10, 2008 1:00 PM
70: 'Dave Mercier'
Cc: City Council; Mike Jacksfln; Mofgan Koudelka; Verner, Mary; Ashe, Susan; Nicks, Jim; Tower, Jeff;
VanLewen, Rick; Knezovich, Ozziz; Kirkpatrtdc, Anne; Shogan, Joe Subject: RE: Expanded Crime Check - Proposed Ballot Issue Dave, We mPt with the 911 / Crime Reporting Center people Tuesday 4"' concerning the expectations for the level of
service required by law enfiorcement for Crime Check. A committee representing all Spokane County Iaw
enforesment agencies at#ended. "te will meet again on Wednesday 12~'. The plan is to have a final Crime
Check service document as quickly as possible after #hs conclusion ofWednesday's meeting. The document
needs to cover the agreed upon level of service that will be provided, and a budget (inctuding FTE's. & hours of
operatlon) addressing ths associated costs of pravlding those servicas. Upon completion, I will forward the
information to you.
I will get you the budget information associated with the current Crime Reporting Centar operations shortly.
I will also gather the information addressing the expectad changzs in outcomes 4or citizens as we move from the
somewhat limited currenf opera6on to the full senrice CrirTie Check operation.
Bob
From: aave Mercisr [mailto:dmercier@spokanevalley.org] •
Sent: Monday, Marcfi 10, 2008 10:56 AM - '
r To: Lincoln, Bob
~ Ce: City Council; Mike ladcson; Morgan Koudelka; Verner, Mary; Ashe, Susan
Subject: Ecpanded Cnme Check - Propased Ballot Issue •
Page 4 of 4
Goad Moming Bob: .
I would appreciate your assistance in obtaining informaiion about the Crime Check element of the proposed baliot
issue. Please feel free to forward this message to whorrzever you think rrtost likeiy to have the infnrmation l
requzsted.
For Spokane Valley City Council considerGtion, if would be helpiul to know what the current Crime Check ftill
budget is and what it buys in tsrms of FTE's, hours of operation and ou#comes for citizens. And, if would be
helpful to have a copy of the ptaposed budget for the "expanded Crime Check° thaf itemizes costs and describes
the expected higher FTE count, modified operations and cifizen outoomes.
Thanks for your continusd effort to get key information assembled and distributed for considerafion. -
,
Dava.
~
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CITY OF SPOKANE VALLEY .
~ - Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ' 0 netv business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: City Center Property Letter of Intent
GOVERNING LEGISLATION: NA .
PREVIOUS COUNCIL ACTION TAKEN: On September 4, 2007 the City Council authorized
staff, "to begin the specific site selection process by initiating negotiations with the property
owner of property generally described as university City located west of university Avenue as
well as that portion of the property located east of University and under the same ownership for
the purpose of drafting an agreement to support development of a viable City center."
~
BACKGROUND: Staff has engaged in such negotiations and recommends the attached Letter
of Intent be considered by the Gouncil.
OPTIONS: Approve Letter, or do not approve; or direct staff further.
RECOMMENDED ACTION OR MOTION: Approve and authorize execution by City
Manager or Designee, of "Letter of Intent to Purchase City of Spokane Valley and
University City, Inc."
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Scott Kutka, Mike Connelly
ATTACHMENTS:
a. Minu#e of September 4, 2007 council meeting
b. Proposed Letter of Intent. .
c. Map of City Center Proposed Development
AUNU'TES
' City of Spol:ane Valley
Cfty Council Eaecutive Session
Tuesday, September 4, 2007
Attendance: Councilmembers: staH-
Diana 'Wilhite, Mayoi ' Dave Mercier, City Manager Steve Taylor, Deputy Mayor Mike Connelly, City Attomey Dick Denennv, Councilmember - Cary Driskell, Depuiy City Attorney
Mike DeVleming, Councilmember Greg McCormick, Planning Manager
Bill Gothmann, Councilmember
Rich Munson, Councilmember .
Gary Schinunels, Councilmember ,
F.XECUTIVE SESSION: Mayor Wilhite called the meetina to order at 4:17 p.m.
It was moved by Council»zember _41unsorz, seconded and unaninsousty agreed to adjourn into Executive
Session tfl meet until no laisr than 6: 00 p.m. to discuss Iand acquisition, and that tjiere niay or may not be
action talken upon rsturn. Council adjourned into executive session at approximately 4:18 p.m. Mayor
Milhite declared Council out of Executive Session at 6:43 p.m. .
It was moved by Cou3icilmember Denenrry and seconded, io direct sta,fj' and cortsultmals to begin the
specific site selection process by initiating negotiations with the property owner of property generally
~
~ described os University City locatsd west of Universiry Avenue as i4ell'as tlzat portron of the property
located east af University aiui under the same owrership for the purpose of drafting an agreement to
support development of a viable City Center. .4.rry such negotiated agreemertt shall bs subjecF to full
review and approval by t3re City Council in an open public session and shall inciude pi•ovisiorts for the
selectiorr of a developer satisfactory to the City and pro>>isionr guaranteeing the City's role in developing
and approving a ma.ster plan for the developmerit. Councilmember Munson brouglit,up a point -of order regarding whether Nve ace in order with moving
forward with a motion at this Eaecutive Session, and of the session in general, and NIr. lviarcier confirmed
council is in order and the mEeting was so noied as per stafute. Vote by Acclamation: Approved:
Unanimous. Oppased: AFone. Ab.stsntions: Nons. Motion carried.
' It was tl~.~n moved by Deputy 1lgayor Taylor, seconded and unantmously Qgreed to adjourn. The meeting
adjourned at 5:50 p.m. •
Diana Millute, Mayor AT7'EST: '
Christine Bainbridge; City Clcrk
~ -
1. ~
Council ExacutivT Scssion A4inut:s: 09-04-07 Page 1 of 3
Approved hy Council: 09-11-07 ' •
. I \
~
• ~ ` /
Apri12, 2008 . .
Jian Reinhardsen . Managing Director .
Heartland LLC 524 Second Ave 10v Suite 200 Seattle, WA 98004
Re: Letter of rntent to Purchasel Citv of Spokane Vallev aiad U►iiversitv Citv. Ine.
Dear Ji.m: , .
'This T.,ei#er of Intent to Purchase oudines the basic ter►ns upon Nvhich the City of Spokane Valley
(=`Purchaser") would purchase land from Univer$ity City, Inc. ("Seller') for City Ha11 and
ancillary public uses located on the Sellcr's property in the City of Spokane Val.ley, Washington. .
This letter is not meant to be a formal bindi.ng agreement but'merely a Letter of Intent tuader
T~ which the proposeti terms of the purchase are described. The tcrms agreed to by the parties in th.is ,
Letter of Intent are intended to bc incorporated in the Purchasc and Sale AEreement which is to follow. The Purchase and Sale Agreement, once fiilly executed, shall become the binding
deinitive document for this purchase.
Subject to the foregoi.ng ].imitations, the following sets forth the basic terms of the Purchaser's
intent and a description of the City Center development and certain associated processes:
1. llue Diligencc Material: Seller to prnvide Purchaser with at least the following docnments within thirty (30) days from the execution of this Letter of Tntent nnd a meeting
of the parties which con.firms a-process and calendar for Purchase and Sale Agreement
. negofiations, whichever is later:
1. A current legal description of the Property;
2. A.n eacistuag ALTA survey, if available; .
3. Copies of all tenant'leases relevant to the Froperiy;
4. Copies o£ utility bills pertainang to the Property;
D. Level One Environmental Assessment, if available and anY other
• environmental sfiudies in Sellcr's possession pertaining to the City Center
site which could i.nfluence the Propert} ; 6. Copies of otlier contracts or agreements in Seller's possession which may
have an impact on the sale or use of tkie Property, and 1 7. Copy of current year's real estate ttax bill and current assessment. ,
g. ~
Letter of Intent for Purchase Page 1 of 4
~ 2The Purchase and Sale Agrcement mav include but shall not be limited to the followinQ `
terms: }
J . .
. A. Propertv: Approximately five (5) - ni.nc (9) acres of the Sellcr's 35 acres of ]and
]ocateci on the wzst side of University Avenue at Sprague Avenuc. (the "Propert)").
-The specific Property boundaries shall be defined through a conceptual master _
planning process to be collaboratively. undertaken by the parties. Property boundaries
defined through an ALTA surv-ey. The 1'roperty shall be delivercd to Purchaser with
clear title and in its "AS IS" condition. B. purchase Frice: The purchase price shall be based upon the cu.rreAt market value
for the Properiy. Market value shall be determined through an appraisal proccss, whach
shall be defined and agreed upon as a part of the Purchase and Sale Agreement. The .
purchase price will be paid aU cash at Glosing. The parties may agree to modif}, the
purchase price to account for other contributions or assumptions of liability. C. Contin eg ncies: Purchaser's obligation to purchase and Seller's obligation to sell the
Progext), under the Purchase and Sa1e Agrcement shall be contingent upon the
satisfaction of the £ollowing conditions:
1. purchaser's approval of a completed and acceptable Leve] One
Environmental AssessmEnt. The cost of such an assessment, if any, shall
be as agreed to between the parties;
~ 2. Purchaser's appxoval of any encunibrance or obligarion imposed by other ~
contracts or agreements in Seller's possession which may have an impact
on the salE or use of the Froperty; .
3. Purchaser's approval of physical inspections and studies of the Property at
Purchaser's expense; , •
4. An agreed upon property configura.tiori and size;
. 5. DiAsion of the Property by Seller; . 6. An agreement as to: .
~ a The timetable for removal of existing strucfures on the City
Center site and identification of the party responsible for*such
removal; .
b. The acquisition aud or dedication of all public rigbts of way;
and
e. An acceptable schedule for construetion of publie facilities;
roads •and auienities, including the proposed relocafion of
Dartmouth, as well as idenfification of the responsibi.liry and
methodology for construction and pa}nnent of the same;
7. Adoption of the subarea plan by the Spokane Va11ey City Council;
8. Spokane Valley City, Council approval of the above described agreements
. aud waiver of contingencies; .
`9. Implementafiion of a plan to c.flustruct the Spok.ane Counfy Library District
faciliiy at the adj acent site;
Lett,er of Inteni for Purcbase . Page 2 of 4 -
10. Development of an acceptable plan for financing and consmicti.ng City
~ . Hall; and ~
. 11. Seller's and Purchaser's confirmation that all contingencics have either
been satis£ed or waived.
' D. Closin~: To take place thirty (30) days after removal of Purchaser's and Seller's
contingencies; provided that closing cannot occur later than January 31, 2010.
E. Escrow Holder: E.scrow to be held with a mutually accepta.ble title coxnpany.
F. Tit1e I.nsurancc;: Seller to obtain a standazd coverage dtle policy. Seller to pay for the
Washington State Excise Tax Aith all other closing costs to bc split 50/50 by
Purchaser and Seller. Notwithstanding the forego'uag, each party will be responsible ,
for its own attomeys and consultants fees and costs. G. ClosinQ Pro-Rations: Utility charges, charges under scrvice contracts transferred to
Purclaaser, and real estate taxes to be pmrated as of the close of escrow.
3. Execution of Contract:
A., Itnmediazely upon execution of tUis Letter of Intcnt, both parties agree to work in
good faith to saiYSfy the conditions outlined in this Letter of Intent and, if satisfied, to
negotiate i.n good faith the ternas and conditions of the Purchase and Sale Agrecrrient.
.
B. Neither party hereto shall be under any legal obligation under this Letter of Intent
until the Purchase and Sale Agreeznent is fully executed.
4: Removal From lVlarket: Seller agrees to remove l'he Property from the open mazket until
the -Purchase and Sa1e Agrcement is executed or negotiations puzsuant to this Letter of Intent by
Purchaser and Seller have ceased; but in no event longer than September 30, 2008.
5. Authorization of Representation: Purchaser authorizes C1earPatli, through Rob Larsen
and Mike Ragsdale, to represent it to negotiate the terms and conditions of the Purchase and Sale Agreement. Seller authorizes Heartland, through Jim Reinhardsen and Chris Fiori to represent it
in negotiations. Each party s}aall be responsible for compensating its representative and nothing
, in this pzovision shall commit either party to payi.ng a real estate brokerage fee.
6. Conncil Annroval: This T,etter of Intent and the contemplated Purchase and Sale Agreements and any other document binding Purctaaser in any manuer will require the approval
of the City of Spokane Valley Cit}, Council votuig in an open public meetinb.
7. Uevelopment Description: The parties intend that development of the City Center be
consistent v,7ith the adopted sub-area plan. Prior to siguing a Purchase and Sale Agreement,
Seller and Buyer w111 meet to discuss the subarea plan, in particular elEmcnts which might
negatively i.mpact property va1ue and/or delay the retievelopment momentunn of the property. .
A. Conceptual Plans: Purchaser and Seller aze i.n agrecment Arith the basic planning
. f~ concepts as illusirated in the Purchaser's Conceptual Plan for the City Ccnter
Property. Purchaser and Seller agree to outline a process to collaborate on the details
of said plan as completed by Purchaser's consultants. Purchaser and Seller shall work
Lstter of Intent for Purchase I'age 3 of 4
collaborativel}7 to adjust this Conceptual Plan as needed once the City Center }
~ developer is identifiEd.
- B. Develo er Selection: Purchaser and Sellvr are aliped in a#tracting the highest qw3lity
developer for the City Center. Purcliaser and. Seller agree to participate in the
developer selection in a manner consistent Anth Washington laws governing the cit?s
contract authorit},. It is.anticipatul that the Se_ller «*ill initiate thz developer selection
. process utilizing the contacts and experience of Purchaser's consultant Bob Gibbs
where appropriate and in consultation 'vAith designated Ciiy representatives. Seller
shall uit7mately structure a commercially reasonable land lease Anth the developer(s)
once selected.
'1 his Letter of I.ntent forms the basis of agreement hetween the parties.
Sincerely,
Rob Larsen
C1earPath, LLG. =
AGREED :Ar~TD t~CCEPTED: AGREED AI~rD ACCEPTED:
City of Spok.ane Va11ey t3niversiiy City, I.nc.
O
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By: By.
1ts: . rts:
Date: Date: "
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Aage 4 of 4
Le~er of Inient for Purchase
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En1~r ~s~C~n~.'d L1b~'a~ & City Center Master Plcin sUNGaND
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Ci~ c~f Spc~kc~ne ~r'alley
CITY OF SPOKANE 11ALL E1(
Request for Councii Actian
{Vleeting Date: April 22, 2008 City Manager Sign-off=
ltem: Check all that apply' ❑ consent ❑ oEd business ~ new business L) pubiic Frearing
0 information C] adfnin_ report 0 pending legislation _
AG E NDA fTElUO TfTLE A+iotion Consideration' Inferlocal agreement, C ommun€#y Relicensing. '
GO1lEFtNlNG LEGI S LATION' RC1N 10_101.050
PREVFOUS COUNCiI. ACTION TAMCEN: Administrative repork and motion consideration ~
regarding submiftal of the grant appiicatFOn on Novernber 7, 2007. Council acceptance of grant I
funds on December 11, 2007_ -
. BAC LtG FtO#JND' As the Council is aware, staf€ requested atithorizatEan ta apply, with the City of
Spokane, for a join# grant from the 1Nashington S#ate Office of PLiblEC Defense (OPD) for the
expressed purpose of restarting the community licensing program. That proDram would be
. administered by the City of Spokane.
. The grant application was appraved by OPD in the amount af $75,000 for 2008_ The cities
~ would each be aIlocated $37,500 of tYrose #unds ta hefp fund the program. Spokane 1lalley's
portEOfl of the grant furids would be #umed over to the Spakane Coun#y Public Defender_ Urrder
the agreamerit, th$ PLII}IIc D$f$Ildef 1NOUld FIICe an office assistant as e temparary worker far
200$ to de#ermine eligibility of defendan#s charged with Driving Vvtrile License Suspended in the
3`d degree as #o whether they quakify for the program. If so, they wouid be referred to the
program operated by ths City af Spokane for entry, and hapefully compietion_
The grant ~s for one year, although OPD has implemented a recurr€ng funding program for
suc~cessfut programs. An applkcation would be submitted for 2009. In the event grant funds are
not provided by OPD, Spokane County and the City of Spokane w€II need to determine if they
are going to rnake up the fundin9 9~iP- In that Enstance, it is likeCy they will ask Spokane Val[ey
to participate as well,
i OP"flONS= Approve tfne interlocal, do not approve fhe interEocal, request more information_
FtECOMMENDEE] AC7IQN OR MOTION: N1ove to approve the interlocal and authorize the
signa#ure of the City Manager or his designee. .
BUDGETIFINAfVCIAL IMPACTS: As outlined above. . STAFF CONTAC7' Cary Driskell, Deputy City At#orney; E-ioward Defaney, Spokane CEty
Prosecutor,
~ AT7f"AC FffkREh1TS: Proposed Interlocal Agreement
.
DRAFT
~
~
INTERLOCAL AGREEMENT
PUBLYC :DEFENDER SERVTCES - RELICENSING PROGR.A11'T
THIS AGREEWNT entered i.nto among Spol+ane County, a political subdivision of the State
of R'ash. ington; having nffiees for the transaction of business at 1] 16 Wc5t Broadway Aveaue, Spokane;
Washington 99260, heceinafter referred to as "COUNTY," the Spakane County Public Defender,
having offices for the transact.ion of business at 1033 W. Gardner, Gardner Court building, Spokane,
Washington 99260-0280, hereinafter mferred to as `COUiNTY PUBLIC DEFI:NDER", the City of .
Spol:ane, a municipal corporation nf the State of Washin tton, having offices for the transaction of
business at 808 West Spol:ane Falls Boulevard, Spokane, Washingcon 99201, hereinafter referred to as
"CITY OF SPOKtINF", and the Cit3 of Spokane Valle.y, a code city of the State of Washington, having
aflices for the transaction of business at 11707 F,ast Sprague Avenue, Spokane Valley, 1Vashington
99206, hereinaRer referred to as "CITY OF SPOKANE Vr1LLEY"; and jointly hereinafter referred to as
the "PARTMS."
WiTNESSETH: .
WIWREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane Gounty Board of
(:,ounty Com.m.is,ioners has the cane of C9unty property nnd the management of Count), funds aiid business;
and
~ WHERE:1S, chapter 3934 RCW (lnterlocal Cooperation Act), authorizzs counties and cities to
contract witfi each other to perform certain functions which each may legally perform; and
R'HEREAS, the City of Spokane and the City of Spokane Va11ey made application to the State
Office of Publie Defense (OPD) for funds to be used for public dcfense and specifically for the joint City
/ Caunty Communiry Relieensing Program, and that application was approved and funds i.n the amount of
$75,000 were awarded to be shared equally by the City of Spokane Valley and the CiCy of Spokane; and
WHEREAS, the City of Spokane Valley contracks with tha County aud County Pubiic Defender
for public deFense services for Spnl:ane Vallcy rnisdemeannr and gross misdemeanor cases which include
the charge of driving while licensc suspended; and .
WHEREAS, the City of Spokane and the Counry liave jointly prcrvidod financial and / or
personnel resources to recstablish the joint City/Count_y Community Relicensing Program.
NOR', THEREFORE, for and in consideration of the mutual promises set fort:h hercinafter, the
PA.RTI;ES do mutually agree as follows:
SJECT'ION \;Q.1: PURPOSE The purpose of this Agreement is to set forth the PARTLES' understianding of the ternis and conditions
under whieh the PART"1:65 will utili2e the grant funds rzceived from the State Office of Public Defensc
for public defense and specifically for tbe joint Cit_y / County Commwiitti, Relicensing Progam.
\
Relicensing lnterloci-d Agrzement ' Pne ] of 7
DRAFT
SEC'I'ION N0. 2: DUR.ATION
This Agrcemcnt shall be effective on April 14, 2008 and run through December 31, 2008. Any Parey may terminate this Agreement for breach of any provision by any other party. Provided, however, prior to such
termination, the terminating party must give at least thirty (30) days written notice to the breaching party
and all other parties of the basis for the tennination. If the breaching party cures the breach to the
satisfaction of the terminating pariy those maiters sct forth in the termination notice, said notice shall be
null and void. Provided, further, this Agreement shall automatically terminate in the event the Grant
H=hicb is the basis of the fundina is terminated, unless the parties agree in writing odierwise. .
. SECTION r0. 3: SERVICES .
A. COUNrTY PUBLIC DEFFNIaER: Thc County Public Defender's Office currently provides
defender services on driving while license suspended rases for the CITY OF SPOKANE
VALLEY t]v-ough a separate interlocal agreeme•nt. The Spoi:ane County Public Defender's
O_ffice will use the monies under this agreement to hire additional office assistant 2 help, who will
assist in determining eligibility fnr the relicensing program for CITY OF SPOK..ANTE VALLEY
eases and for persons who live in Spokane Valley, or have cases pending based on a citation &om
the City of Spokane Valley Police Department, and for odier duties as assigned relating to tliose
cases.
B. CI7`Y OF SPOFCt1NE: The City of Spokane Public Defender's Office will use the monies to hire '
a temp. seasonal or project employee clerk who will assist in determining eligibility for the
relicensing pmgam on eases to which the City of Spokane Publie Defender's Wice has been
assigned by the Municipal Court or probation I?epartment, and other duties as assigned relating to
driving while license suspended cases.
C. SPOK.AN'E COCJ~'TY: Spol:ane County will tal:e appropriate action to appropriate into the
Spokane County Public l:?efender's budget all moneys received from the CIT"Y OF SPOKANE
VALLEY under the terms of this Agreement.
SECTt4N NO. 4: COMPEI4SATIQN
Tbe COtJNTY on behaIf of the SFOKt1NE COUNTY PUBLIC DEFENDER and the CI'I"Y OF
SPOKANI-E sball each receive a maximum of THIRTY SEVEN TIIOUSANrD FTVE IIUI~t~DRED AT'D
NO/100 DOLLARS ($37,500.00) for the_ir services provided under the grant. Tbe CTTY OF SPOKAISjG
VALLEY's finaneial eontribution each year is limited to its portion of the OPD grant funds.
SECTION NO. 5: PAYMEN'T
The CITY OF SPOKANIE VALLEY shall; no later than 20 days after full execution of this Ag-cement,
remit to the C1T1' OF SPOICA~jE its $37,500A0 share of the ~rant proceeds. The CITY OI~ SPOKANE
VALLEY shall, no later than 20 days after full execution of this Agreement, remit $37,500.00 to
SPOKANE COUNTY for full pa}Tnent of the services identified in Section 3A.
SECTION N0. 6: Ali-DIT / RECURDS
Each Party shall maintain for a minimum of three (3) years follovving final payment all records nclated to its performance of the Agreement. Each Farty shall provide access to autborized representatives of the
other PARTIES, at reasonable times and in a reasonable roanner to inspoct and copy any such record. ln
the event of cnnflict between this provisioia and related auditing provisions required under federal law
applicable to the Ag-cement, the federal law shall prevail. Relicensin? Tnterlocal Agreement Paue 2 of 7
DRAFT
' SECTION NO. 7: NOTICES .
A1] notices or otfier communic.aiions given hereunder shall be deemed given on: (i) the day such notices or
other communications are reeeived when sent by personal delivery; or (ii) the third day follo«=ing the day on
which the same have been mailed by certified mail delivery, receipt requested and postage prepaid addressed
to PART'IES at the address set forth below, or at such other addnss as the PAR1"IES shal] from time-to-time
designate by notice in «ziting to tbe other PAR"I IES:
CITY OF SPOKANE: Ciry Public Defender
City of Spokane ,
824 North Monroe Street
Spokane, Washington 99201
SPOKANE COITNTY PUBLIC : County Public Defender
. Spokane County 1033 West Gardner Avenue
Spokane, Washine on 99260
CITX OF SP(SKANE VALL:EY: Office of the City Attomey
11707 East Spragruc, Suite 103
. Spokane Valley, WA 99206
CaUNTY: Board of County Commissioners
~ W. 1116 Broadway Avenue
~ Spokane, Washington 99260
SECTION \s0. 8: ASSIGNMENT
This Agreement shall be binding upon die Parties, their sucoesson and assiens. No Party may assign, in
whole or in part, its interest in this Ageement without the approval of the other Par[ies.
SECTIO\j NO. 9: LLABTLITY For the purpose of ihis section; COUiNTY shall also include Spokane Counry Public Defender.
The COUNTY shall indemnify, defend and hold hannless the CITY OF SPOKANE and the CITY OF
SPOKANE VALLEY, their officers and employees from all claims, dernands, or suits iv law or equity
arising froro the COUNTY's intentional or negligent acts or breach qf its obligations under the
Agreement. Tbe COUNTX's duty to indemnify shall not apply to loss or liability caused by the
intentional or negligent acts of the C1TY OF SPOKt1NE or the CITY OF SPOItANE VALLEY, their
officers and employees.
The CITY OF SPOKANE shall indemnify, defend and hold hamiless the COi.7NI7Y and the CITY OF
. SPOKANE VALLEY, their officcrs and employees frem all claims, demands, or suits in law or equity
arising from the CITY OF SPOKANIE's intentional or negligent acts or breach of its obligations under the
Agreement. The CTTY OF SPOKAI`'E's duty to indemnify shall not apply to loss or liability caused by
the intentional or neLylieent acts of tbe COUNTY or rhe CITY OF SPOKANE VALLEY, their officers
and cmployees.
The C1TY OF SPOKArT VALLEY shall indemnify, defend and bold harmless the COUNTY and tbe
CITY OF SPOKANE, their offcers and employees from all claims, demands, or suits in 1aw or equity
Relicensin- Interlocal .Aereement . P9oe 3 of 7
DRAET
arising from the Cl1"Y OF SPOKANF VALLEY's intcntional or negligent acts or breach of its
obligations under the Agreement. The CITY OF SPOKANE VALLEY's duty to indemnify shaJl not
apply to loss or liability caused by the intentional or neglijent acts of the COLNTY or the CITY OF
SPOKANE, their officers and employees.
If the comparative negligence of the Parrties and their officers and employees is a cause of such damage or
injury, the liability, loss, cost, or expense shall be shared between the Parties in proporcion to their relative
degree of negligence and the right of indemnity shall apply to such proportion.
'Wherc an officer or employee of a Party is acting under the direction and control of the other Party, the
FarYy direcCing and controlling the officer qr employee in the activity and/or omission givine rise to
liability shall accept all liability for the other Party's offieer or employee's negligence.
Each Parry's duty to indemnify shall survive the terminatinn or expiration of the Agreement.
Each Party waives, with respect to the oflier Parties only, its immunity under RCW Title 51, Industria]
Insuranee. Thc Parties have specifically negotiated dlis provision.
SECTION TjO. lO. INSCT1tANCE
Durin~ the term of die A~eement the eacl~ Party shall maintain in force at its oNvn expcnse, cacb insurance
noted below:
a. Workees Compensabon Insurance in compliance with RCW 51.12.020, vvhich n;quires
subject employers to provide workers' compensation coverage for all their subjeet workers
and Employer's Liability or Stop Gap insurance in the amount of $1,000,000;
b. General Liabilily Insurance on an occwrence basis, with a cflmbined single limit of net less than $1,000,000 each occuiTence for bodily injury and propcrty damage. It shall include
contrar,tual liability coveraae for the indcmnity provided under this Ageement;
c. Automobile Liability Insurance witb a combined single limit, or the eyuivalent of not less
than $],OOO,OOU eacli accident for bodily injury and pmperty damage, inciuding coverage for
o4med, hired and non-ownod vehicles.
d. I'rofessional Liability Insurance with a combined si.ngle limit of not less than $1,000,000
each claim, incident or occurrerzce. This is to cover damagges causcd by the crror, omission,
or nezligent acts related to the professipnal sarvices to be provided under this Ageemenk
T7ie coverage must remain in effect for hvo years after the Agreement is completed.
There shall be no cancellation, materia] chanLe, reduetion of limits or intent not to renew the insurance
coverage(s) witfiout thuty (30) days ~,vritten noticc from the insuring Party or its insurer(s) to the other Pardes.
As evidence of the insurance coverages required by this Agrecment, the COUNTY and the C1TY OF
SPOKANE shall fumish acceptable insurance ccrtificates to the C17Y OF SPOKANE VALLEY at the time
it returns the sigped Agreement. Thc certif cate shall specify all of the parties who are additional insured; and
include applicable policy endorsemen*s, t]ie thirty (30)-day cancellation clause, and the deduction or retention
level. Insuring eompanies or entities are subject to CI71' OF SPOKr1NE acceptance. `I"he COIJ\T1"Y and the
CITY OF SPOK.ANE shall be financially responsible for all pertinent deductibles, self insured retentions,
and/or self-insurance.
Relicensing Interlaral AgeTeemcnt . Page 4 of 7
DRAF°T
SECTION NO. 11: ANTI-KICKBACK
~
° J Na officer or employee of the a Party, having the power or duty to perform an official act or action related to
This Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a
present or future ?i.ft, favor, service or otfier thin~ of value from or to any person involved in the A~emen~
SECTION NQ. 12: VENUE S'TIPOLATION
This Agreement has been and shall be construed as having been made and delivered within the State of
Washington and it is mutually understood and agreed by each party that this Agreement shall be governed
by the laws of the State of VJashi.n? on both as to interpretation and performance. Any action at law, suit
in equit), or judicial proceeding for the enforcement of tilis Agreemcnt, or any provision hereto, shall be
instituted only in cflurts of eompetent jurisdiction within Spokane Couiity; VJashington.
SECT70N N0.13: COMPLIANCF WITH LAWS
7he F'aii:ies shall obsenre all federal, state and local 1aws, ardinances and regulations, to the extent that they
may be applicable to the terms of tltis Agreement.
SECTiOti N0.14: NON-I)LSCRiM;LNAT'ION
No uidividual shall be excludeci from pdrticipation in; denied the benefit of, subjactad to discrimination
under, nr denied employment in the admiiiistration of or in connection with this Agreement because of
age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national
origin, honorably discharged <<eteran or military status, the presence of any sensory; menta] or
O physical disability, or use of a service animal by apenon with disabilities.
SEC'Z'i.ON NO. 15: MxSCELLANE()US
A. IVON-WAIVER: \'o -«<aiver by any party of any of the terms of this Agreement shall be
construed as a waiver of the same or othcr rights of that party in the future.
B. EN'Y'IRE AGREEMENT: This Ageement contains terms atid conditions asreed upon by the Parties. The Parties agree tbat there are no other understandings, oral or otherv«se, regarding the
subject matter of this Agreement. No changes or additions to dhis Agreemeiit shall be valid or
binding upon the Farties unless such chance or addition is in writing, executed by the Parties.
C. MQDIFICATI0N: No modification or atnendmenc to this Agreement sball be valid until put in
writing and sis,,med with the same foraialities as this Agreemcni. _
D. HEADINGS: The section headings appearing in this Agreement have been inserted sfllely for the
purpose of convenienc.e and ready reference. In no way do thcy purport to, and shall not be dfemed
to define, limit or extend the scope or intent of the sections to wbich they pertain.
E. COUNTERPARTS: This A?reement may be executed in any number pf counterparts, each of
which, wben so executcd and delivered, shall be an ori?inal; bui such counterparts shall together
constitutc but one and the same. .
F. SEVERABILITY: If any parts, tenns or provisions of this Agrzement are held by the eourts to
~ be illegal, the validity of the remaining portions or provisions shall not be affected and the rights
~ and obligations of the Parties shall not be affected in regard to the remainder of the Agreement.
If it should appear thai any part, term or provision of this Agreement is in conflict with any
, Relicensing Interlocal Agreemcnt ' Page 5 of 7
DRAFT
statutory provision of the State of Washington, then the part, term or provision thereof that may
be in cotttlict shaU be deemed inoperative and null and void i.nsofar as it may be in eonflict
therewith and this Agreement shall be deemed to mociify to eonform to such statutory provision.
G. REL.ATTONSIiIP QF THE PARTZES: The PARTIES intend that an independent contractor
relationship will be cmated by tlus Agreement. No anent, employee, servant or representative of the
COIJN'fY shall be deemed to be an employee, agent, servant or representative of either CITY for
any purpose. Likcvvise, no a.gent, einployee, servant or representative of either CITY shall be
deemEd to be an employee, agent, servant or representaxive of the COUNTI' for any purpose.
SECTIQN NO. 16: 12CW 39.34 REQiII'EtED CLAUSES
A. PURYOSE: See Section No. l, above.
B. TaURATION: See Section No. 2, above.
C. ORGANI7,ATION OF SE:PARATE ]ENTITY A.1VD ITS POWERS: No ncw or separate legal
or adminisUative entity is creataci to administcr the provisions of tWs Agreement.
D. RESPONSZE3ILITTES OF TTEF PARTIES: See provisions above.
E. AGREEMENT TO 8E FILED: '1 he CTTY OF SPOKANE and the Cl rY OF SPOI:ANE
VALLEY shall file tfiis Ageement Arith their City Clerks. The COUNTY shall file this Agmment
widi its County Auditor or place it on its web site or other electronicalJy retrievable public soun:e. F. FINA,\CViG: T'acb party shall be responsible for tiie financing of its contractua] obligations
under its normal budgetary process.
G. TEI2MINATION: See Section No. 2, abovc. r
H. PROPERTY LfPQN TERIVIINATION: ritle to all property acquired by any party in the
performance of this Agreement sha]] remain with the acquiring part}, upon termination of the
Ag-eement. Jointly acquired property shall be divided in pmportion to the percenta?c share of each
party cpntributing to its acquisition.
W WITNESS VVITEREOF, the Parties have caused this Agreement to be executed on the daLe 2nd
year oppasiCe ffieir respective signahire blocl:s.
BOARD OF COUN'CY COIVDIISSIONERS
. OF SPOKANE COUNTY, WASB[INGTON
DATED:
i3onnie Mager, Chair •
DATED:
Todd M.ielke, Vice-Chair
17ATED:
Mark R.ichard, Commissioncr
ATTEST:
Daniela EricksAn '
~
Clerk of C6e Board
Relicensinc, Interlocal AuTeement Page 6 of 7 .
D1Z-kfT
TCJ FURN1:
Jol;n RL)dkers Deputv C~Nd f'm.ccutinz Attnrney
Count~- Public Uefender
CTIY OF SPUkANE
llA I-E_U: Ii}':
A i`MST Titlc:
Approved as to forni:
(:iiv CleTk
Clffice of thc Citv .att►,mcv ~
DA'rLD: APPRO'vTD:
kathv Iinc►x, CitN• Public Detendcr
CITN' nF SPC)kANF: VAL1..El'
Df'1TL-D: RN :
A"ITEST: Tit}e:
_ ;1pPro,~ed :iti tn tomi-
C fiti' C EC:t'}:
Of ticr oi thc l;it _'1tlurnc'%
F:rii,:L7suinc Int:r;ceal :1~..e~~~nt - ^c . ~t
ll Il.-1 F I 3-19-Qtt
IiVTERLOC'AL AGREEMEtiT
PUBL[G DEFENDER SERVICES - RFLIC'ENSING PRUGR.AM
TH1S AGEZEEhiENT cnterod into aniong 5pokane Cnunty, a political subdivision of thc Statc
of V4'ashington, having offices for the transaction of husiness at 1116 West Broadwa, A% cnuc. Spokanz.
Washington 99260, hereinafter referred tu sis "COUN'IY," the Saokane Cuuoh; Public Aefeo-der,
having offires for die transaction of business nt 1033 W GWner. Gardner Caurt buildinQ. Spo}:anc
WashinglQn 99260-0280 hereinafter referred to as 'COUNTY PUBLIC DEFENDER". the City (if
Spokane, a municipal corporation of the Ststc of VVashington, having offices for the trunsaction of'
business at 808 West Spokane Falls Boulevard, Spokane, Wgshington 99201, hereinafter referred to :s
"CITY OF SPOKANTL-", and the City o! Spokane Vallcv, a caic ciry of t6e Stnte of Washington, havini!
i>fficcs far the transaction of business al 11707 F.ast Sprague Avenue, Spakane Valley, Washingtc>n
951206, het'einai3rr trfcrred t„ as "('1'11r" (?F 1~110K_1tiF V-11 and jointl% hercintifier rtifrrrcd to at;
thc "PARTIFS."
Nk 1 CN F: 5 ti F T f 1
N'Hf'FtF.aS, pursu:int tO t+it: ~,r~•~i.i,~:i, i'l ;"C\k ?6.?2.I20(6). ,he Cpul.<unc c_'uunt% Ruard uf
t_ ol1TIT-% Coit11111SSIof1CCi hi1S t}lz L:3Cc Ol ('ori1TlI` pTt~fh:'Ty aIld tj1C i'il :17 ~~.:1"lTi:(It M ~oUniN (Lllds P_Ild fi1151I1f'.»,
and
WAFRF.AS. chap►er 3034 RCVV ~Incrri~x.~l l0C1jxr,:t1t~-,1 ACi), authorv~~ countic, a17d •:ii1e5 to
cc,n'tract with eaeh othec to perform certain fimctians which each may legally pcrfcnm; xrnl
V47TFREAS, the City of Spokane, hy 1,~ hen4ir °.,'-l.., D°';e-f~r; and the t'ity of
Spokanc Valley b. ° nr's64 1 .-Lepuf4r-Cits--At4emes-: made appiication to the State Office of
Public Dcfense (OPD) for funds to be used far public dr.fense and specificaily for the jomt City ! l_'ounty
CcSmmunity Rcliccnsing Program, and that application was approti•ed and funds in thc amount of S?-5.000
~ rr a.~ arded to te -,hareci oqually by the City of 5pokane VaJley and the City of 5pokatie; ani
W'HIEREAS, the City of Spokane Valley contracts with the Caunty and counn' Pphli!JMender
for public defense serviccs for Spokane Valle). misclemeanor and gross misdemeannr caies-FOR+4.---~
;ti hich arc [itc charge of driving while licensi: suspended; and
VNTTEREAS, the City of Spokane and the County havt jointly provided 1iMaiciai 'or
pcrsonnel rcsourc.es to mestablish the jaint Cit}•+'Coucjty Community Reliccnsing Pmgrarn.
ti0W. 1HFREFORE, for and in considcraiion of the mutual pnonniks z~et ior4 h~rrtinaltrr, th:
P;'1RTII- S do mutualh• aw-ee as follows:
SECTION NO, 1: PUlt1105E
lhe purpose of this Agreement is to set furth tlie P:'1RTIL•S' under-standing of'thc terms and conditions
under Nhirh the PARTIES will utilixr the g,rant funcLs r~~eivcd from the State Office of Public Uefenk
TQi Ililblic ljctZilit 3I1Cj iir lllc jo;lll (_'II\'
SFC'T[UN tiO. 2: DI-R 1TIOti
I
-Hiis Aizreement cliaE) t►e effectivL ;m April 14, =0{)8 snd nui tivouen ikcctnhrt ± 1. _UU$. .1m arty maN
trrminate this AIIrc+ement tor brcach af an% nro% ision bk anv other pam•. F'mvidai, ho-wgver. prior to such
tuminatiott the terminasing oM~nust cive ;,t Ica,i thirty (?O) da,ys µTincn notice to the breachinsM
snd all otha nartit* ot the basis for the tetminnticm. lC the brraching vam, cures thc !-r.lci► to the
niisfaction A ih; terminating.OM those mattrrs furth in the termiriation naticr. ssid notice sbali bz
nul) and void. Pro%ided. futther, this Agr!~ment shall autom icallv terminata in the cvcnt the Grant
Iwhich is the basis o fthc fund'mg is tcrminat«i, unlcs-;} i l' P.1(T I~ I!1 . r, 1!~:-~ I :xc-+.r
SEC"TiOIV NO. 3: SERYICES
A. COLINTY PUBLiC DEFENDER: The Count}, I'ublic lX-ferider'5 OFYce ~~w=4_ ur-_ ri;;v pro%ide.
dcfr.ndcr scn i~: ~s~:fke on driving while ticense suspended cases for the CI-IY OF
SPOKANE VALLEY ihnugh a tcparatc intrrlocal rsstn~cmcni. The Spokane County Public
Defcnder's Office wiil use the manies undCf thi5 a4rtCment tQ htfe tmr
seaset~4 emp{sy"ewwo W.g. aldditionttl office assistant 2 hC1p, who will assisrt in detcrminin~l
eiigibitity for the relicensing progrsm fat CITY OF SPOKANE VAIIEY cases and for persom
who livc in Spokanc Vallcy, or havc cases pending based on a citation fmm the Ciry of Spokanc
Vallcy Police Depaztmcnt. end far ather dutics as assiped relating to those cases.
B. C17Y OF SPOKANE: The City of Spol:atie Aublie Defendec's OiYice will use the manic.~s to hire
a temp. seasonnl or projact employoe clcrk vvho will assict in dctermining eligibility for the
relic.et►sing program on caces ta K-hich the City of Spokane Public Defender's Officr has been
3ssigned b}• the Municipal Court or Pmhation Departme.~t, and other dutic.~s as af,,;i_gned relating to
driving while license suspended cases.
C. SPOIU.~E COl"JIY: Spoi:anr Cdtmt% wi11 tske appmPriatr actLcm to ap=[xiatic intc) the
5,2glcane Councy Public [kfender's hud et al) mc►nes received from the C(TY OF SPOK.4NE
VALLEY undcr the terms of this .4geement.
SEG'i'ION NO. 4: COMPEtiSATT()N
The COIJNTY oo behalf ut the SPt,)k.4NE CvUNTY PLBLIC DEFCtiDER and the t:1Tlr' U!-
SF'OKAIv'E shall each roccive e maacimum of TI{IRTY SEVEN THOUSAND FIVE HU'NDRED 4N1_>
I NO/100 DOLLARS (537,500.00) fnr thcir scrvic.es providad undcr the gant.
V.~~ ~ E'~'ti ~11l31111~~I 'lfFilTltlUl~n! .'!~~I ~C;if I~ ~IT1111C~ fu IiG p~ifl,i_'il _~_'}1C ~){~n LfCfl~ FcST1li5.
SECTtO\ 1Q. PAY!ViENT
~~'.~tL1~4•_~Ni4i C 4-r'i-~~ : ~ i'~ '+S::t_ :l t-i- ~j_3~_li i: '~ir ' . •1 i{h -~:-+:-j~ t.' , ,:iti-,•n'~--
C44- . -4'-AI '_r~.~t-er~--e--~{~r~f~r~~-h}-~-~-~=t-~~•
t?TtYR. TML"~'r - , U t'
SPOKANE's iRveiee. A! the gole opiaen of the COUNTY oF C-144 OF SPOKANE; a pefWty may th-
assessed eft fmy low payment b), the C-ITV OF SPOKANE VALLEY bmwed -in 1051 i - - . 89 hiiii
6M payment beeR 6mely paid ani iRvested in the Spol(ase C-oufvt), !'Feesufff'
tmen! 11 ppi: r- - eat shall be -Hade to the , gpeken-,-
•
valley, . .
Washingto" The CI'IY OF SPOKANE VALLEY shall, no 1 Qer than 20 davs aftcr fiill
execution of this Agneement, remit the C(TY qF $POKANE its S37,500.00 share of the grant.gr-cxcei,4_
~ Tlie CITY OF SPnKa\'E VALI E:Y Shnll, no_ Intcr thnn 20 da~, nfter fvll rYrcutinn nf tftis Aerrcnic!,!.
~
SEC TIOti ti0. 6: AGDIT / RECURDS
Each Party shall maintain fnr a minimum of three (3) yean follo~%ir3g final payment all re-cords related to
its performance of the Agreement. P.ach Party shall pmvide access to authorized representatives of the
other P.4R71ES, at reasonable times and in a masonable manner to inspect and copy sny such record. 1n
the evcnt of conflict between this provisien and related auditine pm%'isions required under fcdcral la~+
applicabie to the Agreement, the federal law sh.iil prcvail.
SECTIOti ti0. 7: NOTICES
All notices or other communicatic.~ns given hereuncler 56all be dex.med given oci. (i) the ctay such notic.,~_- or
odier conununicaLians are receivad when sent by personal delivery: cx (ii) thc thirci day following dic da) on
~~hich the same have bucn msiled by certified msil dcli%ery, receipt requested and pnstas;r prepaid address;,d
to PARTIES nt the address set fatth below, or at sucli other 3ddres. as the Y:1K17L5 &iall rr+irn time-to-tim:
designnate by notice in writirtg to the other Pr1RTiE5:
CITY OF SPOkA.VE: Citv Public Lkfeiider
City of Spokane
824 tiorth Monroc: Strrct
Spoksne, Wnshington 99-20 1
SPOKANF COIPVTY I'liBi1C : CuunhI Public Drf.~ndcr
Spokane t:ounty
1 033 R`cst Crnrdner AN e!}ue
'-pokane, Washinet,,n 9`4261)
CITY OF SPOKANE V.4LLEY: (2i . , i ; ~ . ~ . ~ •
! 1707 L-'ast SPrdkur, tiw(c -
S~c,ka~,e ~'alle`. ~V~1 yy~flr,
COLfiTY: Board of Cauntv Commissioaers
W. 1116 Broadvsxv A.•ceuc
~nc,kane. Washinwn 09260
SEC'7IUN N(). K: Atiti1GNA1.Fti7'
Upl}I7 !.~1,:~ EhCli 3:1J 3SsSg;)S. Nk, P(;I'lN ill:lV d~Slk%?. II1
Ihis Agreem.nt +i13l) t)G tiII7CjiIlo
whole or in part, iLs interes-t in tt~i5 :1~,rrLr_z~nt ithout ?he anp;ov:al oi ?]ic or,icr i'arties . .
SEC710ti NO. 9: LIABiI.fiA'
Forche.purpa3e ofthis secaan. ( 0t NiN sh.tll al inK1uj: ~~~}~~~r ( c,uttl~ Puh]ic L?rf~a~der.
Thc COlJN7Y sha11 indemnif},, defenci and hoid harmle>, the CIlY OF SPUK.ANN and thc CII'Y t:rt-
SPOKA,`~E VALLEY, their officcrs and emplnyees from all claims, demands, or suits in law or eqait,,
arising from the COUTN1Y's inEentiona) or neglicent acts or breach of iv ubligniions under thc
rleraement. Tbc COUN`IY's duty to indcmnify shal] nat apply tb Ioss or liabilitv caus$d by thc
intcntional or negligent &~t; of cl:t~ i l l1' ~PCiK:'1NF ~~r ,1•~: c-'i 1-l" R-)l Sk'OKAtiT V%LLFY. th:ir
c,tiicer; an+j em pl.~N
;
Ilie C11-1' c)F SpOEt:'1\F: :hall indemnif~. defend 3f1d }]Dld h:iTf3lltii the C()[~-Il' and the CIn' UE-
Sf'OKANE VALI_CY, their officers and cmployees from all claims, demands, or suits in law ar eyuin
arising fram the CI7Y OF SPOKANL•'s intentional or negligent eccs or brcach of its abligations undcr the
Ageement The CtI-Y OF SP0KA1'L's duty to indemnify shall nat apply to loss or liability causad b~
the intentional c~r ne~;lieent a.ts ~~f the COL'~~ IY ~~r the CIT~' i~F SPO!`.•~.,T V:~LLC~'. thtir officers
and employees.
'iliz CITY OF SPOKATvE VALLL-Y shall indemnify, defend and hold harmless the CUL'"il' and the
C1Tl' OF SPOKANE, their officers and ejnployees from all claims, demands, or suits in law or equin
arising from the CIlY OF SF'OK.ANr VALLEY's intmtioaal or negligent ects or breach af its
obtigaiions under the Agneemcnt. l-tre CITY OF SPOKANE VALLFY's duty to indcmnify shall not
apply to loss or liability cavsed by the inteniionsl or negligent acts of the COi_NTY or the CI'tY UF
tiPOKANE, thtir officen and employee c.
If the eomparative negligenee of the Partirs and their officers and emplayces is a causc of such daniage oc
injury. the liability, loss, cost, or expensc shsll be shared between the Pariies in proiwrtion to thcir rrlatiVe
degee of nc¢ligence and the right of indetnnity shall spply to such proportion.
Wrt►cre an afficcr or emplnyee of a Part), is acting under the direction and contml of the other Party, the
t zrty dmecting and ccmtmlling the offieer ot employet in the activity and/ar omission giving rise to
I W)ility shall accept all tinbility far the other Psrty's offiver or cmployct's negligencc.
1=ach Party's duty to indemnify shall survivc the termination ar expiravon of the Anrccrnent.
Each Party w•aivcs, with respert tv the uther Partics only, its immunitNI under RCVN' Title -5 1. [r3duscral
lnsuranee. The Parties hnve specifically negotiatrd this provision.
SECT[QN NO. 10: LN5URAHCF
I)uring the term of ?he Agncrrnent. [he ea.:h Party s!iall mainiain in fio;cc at its own expc:Ru:. zach ir.sura;h:~e
nc,ted belnw:
a. \1'url.ers Com}xn.s. tion lnsunuicc in compliani:e with RCA' 51.12.020. which requi-lt~s
subjxt empluyers to providc woti:er-t' campensatioo coverage for all their subjeci rrt.cr,
and Employefs Liability ur Siop Gsp Insurance in the emiaunt af $1,000,000;
h. iicrtclnl Liabitity insurancc on an oocurrence aasis, aith n combinod sing3e limit of not less
than $1,000,000 each occutreoce for bodily injury end pmpesty ciaattare. lt s1ia11 inrludr
_k Mntractual tinbilit}' coverage farthe indemnity jxmided underthis Agroetrtient:
c. Autc-qnobilc L.iability Insurance with a combined single limit, or the oquivalent of not le::
.han S 1,000.000 c,ac.h accident for Eodily injury srtd Fxapeny damage, including coverag: ,'or
.-r,ATted, hited and non-0amed vzhicl:.-s.
d Professiaoal Lisbility Itzsur:nce u ith a combineci single limit nf not ie,,s thari S1.(l)0.0lx1
L-ach claim, incideni r oer: urrence. Ibis is to cover datnages caused by the envr, omis,-ion.
or negligrnt acts rclatcd to the pmfessional serti•ices to be providod under this Arrec ment.
[hc +:overage musc rcmain m etl'~~:t for two years afler the AQecmcnt i; compkted.
4
Tliere shall be no canccllation, material change, rEduc.tiaii of limits ur intznt not to rT-'ncw the insurancc
cuverage(s) without thrrly (30) daLvs wriuen notic:c from the insuring Party of its insurec(s) to the other Parties,
As evidcnce of cbe insurance coverages required by this Agreeme.nt, the COLT1v7Y and the CIT'Y ()F
SPOKANE shall furnish acwgtable insurance oertificates to tt►a Cl"IY OF SPOKANE VALLEY at the time
it rctums the signed Agrecment. 7be ccrtificate shall spacify all of the parties wfio am additional insured; arnd
include applicable policy endorsemenis. the thirty (30)-day eancellalian clause, snd the deduetion ar retention
level. Insaring eompanies or entities are subject to C1-n' OF SPOKA`T. srceptrince. The C(>l 1'Tl' and ihe
C1lY OF SPUk.4.\'E shsll be fittancially responsihle fcv all pc.°rtinent &-Juctihfe,, ,~ii-•iri~:~;~d ret.n!ion;,
and'or self-insarance.
SF.CTION NO. 11: ANTI-KICKBACti
Vo offit:cr or employee of tfie a Party, having the powef or duty to pc.ri'orm an oilicial act or actiom rulatcd to
this Agrcernent shall have or acquir+e any intenest in the Aerecment, or have solicitd, ac,ceptad cvr &psnted a
preserft or futtira gtft, favor, sm-ice or otiks diin4' 01 % alut: From nr ta) ,in,, p~.-wii im olvcd in tlie Agre-t-nx:nc.
SECTION N(). 12: VENTE STIPULATIOy
Ihis Ageement has bcen and shall be canswcd as ha~Hig UL!cc► maJr ai3d dlelivCreJ ~tiithin tlie State of
VJashingtan and it is mutually tndersiood and agrecd by cach parry that this Agreemcnt shnll be governL-d
by the laws of the State of Washingtun both as to interprrtation and performance. Any action at law, suiz
in equitv or }udicial procaading for the enfarcement of this Agreenetzt, or any pn,\ ision hen-tn, stzall tx;
iRStitutod oniy in ccwrts ofcompetant jurisdirticm w-ithin Spokane ('ounty. «'ashini*ton-
SECTION 1V0, 13: COMPLIA_tiCE NN'TTH I.A\% S
The Parties shall obscn-e ail federal, state and loca) Iaw,, or:iinance; a:id rec;ul<iticros, tt) t`ie ;xtent that thcN
rnay be applicahle tn the terms of tfiis Agreetnent.
tiECTIQN NO. la: NON-DISCRIMINATIO.N
individual shall bc cxcludod from pa.rticipa*.io:i :n. ~i~•~,i.:~i chW Of. ,li;cr,;>>inr_tinn
under, or denied employment in the administration of or in c.onnection w1th diis Agrccment because of
;sge, sex, race, color, relipon, creed, mnrital ;tacus, familial status, sexua) orientstion, nation.:l
origin, hunotabty discherged veteran or militan ctatus. the presence of any scnsom, mcntal or
piiysical disability, or use of a sen•ice animal by a p:;;o>o i.h iii:~~~
SEG'I'ION lYQ. 1~: MISCELI-AI1EOl `
•'1. \QV-V`'AlVER: No w•aiver b) aiir part}• of WI} nt the ter.tis ul tiii srncs, t 'tic
construcd as a waiver of the samc or ather rights of that party in the futurc.
13. ENTIRE AGREEMLEVT 7his Agreement contains Tcsrnls 3lld Condition,; at-,rL%i upon by the
Par[ics. The Partie; agree tha2 them arc no other understandings, oral or otherwise, regarding ±hc
subject mattec of this Ageement No chtuiges or additions to this Apwaxnt shall be valia or
binding u.poo tbe Parties uiless such chsnge c►r additiLm is in writing, cxacute.~d by the Parties.
C_ N10llIFTCATlQti: ?vo modifieaiicm or amendment to this Agtrement shfill he xalid unnl put in
~h;s :'~_r:~r~►~~~t.
«ritingand siened «itn ilx. >arrie fonli,ilitW; US
:
l). IIEADLNGS: "Ihc tic.z:ti..,n hesdings appc;arinL in this Ac:reerncnt have bern ins:rted soIrly tor the
purpo..e of afnvrnicnce and resdy reference. In no way du thrY Purport to, snd shall nat be deemed
to define, limit or cxtend the sct►pe or rotait uf the sedions tu which thcy putain_
E. COiTNTERPAR7'S: This Agrecment may be exocuted ia any niunber of counterpazu, each of
-,vhich, w•hen so eYCCUted and delivered, shall be an original, but svch caunterparts shall togcthrr
constitvte but onc arid the samt.
I~ SFYEItABII„ITY: If any parts, terms ar pruvisions of this Agreemcnt are he}d by the courts to
bt: illcgal, the validity of the remaining portions or provisioas shall not bz affectod and the rights
and obligAions of the Parties s6all not be affacted in regard to the remainder Qf the Agretment.
If it should appear thai any part, term or provision of this Agrerment is in conflict with an`
sratutory pmvisian of the State of Washington, then the part, term or provision thcraof thst ma%
be in conflict shall tiie deemed inope-ative and null and void insofar as it may be in conflic-,
ifticrew-ith and this Agrecment shall be dameri to modify tn conform to sucb statvwry provisit)rI.
REL47'IO!VSIi1P OF THE PARTWS: The PARTIES intend that an indepeodcxit contracttT
relationship w ill t►e created by this Agrecmetit. No agent, cmplaym senmnt or repmscntativa of the
C()l:N"IY Shall be doemed to be an cmpioy°ae, agcnt, sm-ant or reprzsratative of rilhcrthe CI7Y for
any purpose. Likewise, no ageni. employee, servatrt or rcptegentativc of cithe~a CTiY shall hc
dcYmed ba bc an employec, agent, servant or rtpreszrtative of the Cnt?tiTY fcx arty purpose.
5ECTICJti NO. 16: RCW 3934 REQGIItED C1..at1SFS
1. PL'RPOSE: Sec Section 40. above.
B. DURATION: Sce Soctian No. - above.
C. ORG!1.'~iIZATION OF SEP ATE ErTITX _kND IT$ POR`ERS: No nc,-w ar scparatc lecal
L-ir administrativr entit4 is created to administer the pm~iSians of diis AgreernrnG
i). RKc-P()hSIBII.I'i'LE5 UF TME PARTIES: Seo provisions above.
L. AGREE11iENT TO BE FTLED: The C17Y OF SPOKANE and the GIIY UI= SPUKAM
VAI.LEY shall fi!e chis Agreement with their Cit}• Clerks. Tbe COIJMY shall fik this Agreemmit
;kith it~ Counry Avditor or plare it on its web site or ather elsctn}nically retrievab{e publie sourcr.
F. FIriANCING: Etsch party shall ly-: responsible for the tinsncing of iu contractusl obli¢ations
under it, normal budgetar}, process.
G. TERM~NATIOti: See Scction No. above.
11. PROPER7Y CTPON TER-N'ILN4TION: Titlc to ail pnnperty acquimd by any party in the
performance of this .4gEecnent shall mnain with the acquiring party upw ternuaatian of the
AgeemenL Jointlr• acquired }nonesty shall hr dividod in pmpartion to the perccntage shane of csch
party contributing to iU acquisitic111.
IN WI'I?vF'..S.S WHEREOF, the Parties ha% e caused zhis Aeru.ment to be e_xe.cutcxi oci the dnte c:nci
year opgosiic their :es;-pertiti e siLmatum hla:ls.
C~
DATFr): BOAftD UF COI:\lY CONiM1SSIUtiERS
OF SPOKANF COI,nVTY, WASHIIvGTOti
Chair
AI-il-.tif:
Vicz-Chair
I?aalicla Erick,on
C1rrk ,,f th: Board
, Commissioner
API'ItUVI:D: APP;ti)Vt D :'1` T-C) Fl)RM,
John Rodgers I.)rput}' Civil Pm~culin,, :1Cti?rnc\
C'ountv Public Defender
nATED: t I l l (-)r
B-,:
Tit1~:
:'~ppiC1\'Cd 8i til torm:
City Clcrk ,1>sitG3nt C.~Ih:'1:tL)rne}
AI'pr:ne&
!tathy Itno.x. Cirir I'ublic DL-fetidcr
!)ATEU: t. l f~ r)f- I-i'()h:tVVA! l.[:>
f3',:
I Itl2:
AppRwed as to form:
C"rt1 c: Ecrt, Assistant City Atu}rne}
SPOKANE COLNTY f'UBLic: llLEEhl)F }t
I~lir; !~~•d~~ r~
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 22, 208 City Manager Sign-off:
Item: Check all that appty: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ~ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Customer Service Update Report
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Council approved a budget adjustment to add five
staffi to development services: building inspector (1 FTE), engineer (1/2 FTE), engineering
technician (1 Ya FTE), assistant planner (2 FTE).
BACKGROUND: In June 2007, Council approved a budget adjustment to accommodate the
addition of five staff to improve customer service for development review and permitting. Since
that time, Community Development has been re-organized to include the Development
Engineering Division. The budgeted staff has been hired and Vained. This report is to update
the council on the activities that have taken place and the impacts of that decision.
OPTIONS:
RECOMMENDED ACTION OR MOTION: No action required.
BUDGETlFINANCIAL IMPACTS: Na
STAFF CONTACT: Kathy McClung, Community Development Director
ATTACHMENTS:
Background Information: April 13, 2007 memo to Council from DCM Regor
August 14, 2007 memo to Council from DCM Regor
September 7, 2007 list of Priorit¢ed Development Processed
Current Report: PowerPoint Slide Presentation Handouts
%iley a
11707 E 5prague Ave Suite 106 * Spokarre'Jall.ey WA 99206
509.921,10M # Fax: 504.921.1008: c9tyhalAi)spvka nevaLley.Drg
Memorandum
To; l7avid Mercier, Gity Manager and Members nf Ctt7r Council
From; Nina Regor, Deputy City Manager
GC: Maeina Sukup, Cornrnunlty L}evefvpment Diractor; Neil Kers#en, Public Wnrks Director
John Hohman, Senioc Englneer; Mary Kate AA,artin, Building Of#lclal; Greg M~Cormlckr
PIanning Managep
Date: April 13, 2047
Re: CW$tomer Senrice trrrprovement Plan: Development Process
y prcavides building, Flanning, and engineerung review, pern-itting antl inspectior►
7 he Cit-
serviccs to the developrnent cornmunity. These responsibilities are split tetween two
departnrients - Community Development and Public WOrlcs.
Historv
Development services were leanlv staffed in 2003, because the Cbty could not an#icipate
the pace of developrnent activity upan inr.orporation. One teascsn far this was that
prajects thai had been filed ~~ith ihe Couniy as of March 31, 2003 continued through the
prcFeess with the County, arid the City only re-ceived new applicatians, It t.akes awhile foa'
lhe "pipeline" af projects to build.
The pace of development activity steauiily grew, and by the end of 2405 it was
significantly hagher than antYCigated. However, general mau'ket predictions led the City to
expeot a leveling o~'#: Indeed, the beginning of'?O06 stariked at $ somnewhat slca,-nfes speed
than that of 20(}5.
As last }-e-ar progressed, that r$Le accelerated. By the end of the year, 2006 development
revenues, an indir-ation of actiNity, were on a par with 2005. The City's 2006
development rewenues exceed(M budget by about $3(I0,00(7. We hari budgeted b~ed
upon 20G4 actual revenues, be~cause of the expected flattening of acti,~ity.
Since December 2006, the Cifiy h~ Aritnessed a marke,d ixicrease in large commercial
building permit activitnes, Aii'h pt`oje:cts such as Lowe's4 Kohl's, G.I. Joe's, thm `44'est
Va11ey schoral remcrdels, and the forthcoming Sam's C1ub. This is anvther indication that
the paue of activifir uN-n1l not be slacken.i.ng in the formeablc future.
Customer Serwice Impruvemcnt l'inn: Development Psuct:ss, c:cMdfirkued
.4prii 13, 21007
P'age 2 af 7
The Yssue
Thraugh the City's four year history, al'though activiiy increased, there wer~ ~~~n., fcw
cha.nges to ileveloprxient seea-vices' staffing level. This has resxxrltcd in three majc)r
condi#im, whic-h have ac1versely impaiaed c.ustomcr service.
. The Ciiy has fouad it more and more difficult to keep pace with proj ect
apglicatior,s in a tirnely niagner;
. L='xisting staff has not been ablc to e.aeve out the time to evalua#e and addreas
systemic or process assues, incIuding t.he built-in inwnsistencies in the
standa.rds adopted by the City upon ineorpora#ion, crr to writc proeedures for i
rhe devc:lopment proce~ses; and
+"l'he City do~s nnt have thc dcpth of s~afflug to a'bsorb rinexpectel sttaf('
outages w-ithout exacerhating already ,rov6_z~g timelines.
)~s aresulc of a shoriage ofwritten procedures, siaff has relied on experiences gained
ps-ior to urorkuig for Spakan+e V-alley to review aud make deeisions. W'He tect~n.ieally
accurate, this has led to some inccynsister~cy in int.erpre-tation ofi City code.
Development %erviccs are provided by th~ BLiilding, Flanning anri Dc:velopment
Lngineering functions. The fallowing summarizes the sitaativn in eac;h divisiorr, aaid
proposes additional staffnng in each. A prap?sed Urganiza,tion chvt is ato.ache;d. This
prx:aposal is intended tc) adclress immediate need. Ii is 1ilcely{ nat suf-acient to address the
long-term need. Hovwever, ihat evaluaticai would requaare more time t.iar9 whal staffi feels
can be taken giuen thc current detnand.
Buil'din
The Building Llivispon offetrs permittiiig, building codc pian review, and builditzg
inspeetioa serVlces. Ii 1s also respornsible frar general code complian~e ~md riglit-of-way
pcrmutting. `Lhis rrtemo does not address those iwt) respogsibiiities, including the sta'f:
D• Re)~W St~An, u-ut prgGos:
Buitldin Off1ciai 1.00 1_00
Seninr P'Ians Examine:.r - 1 _Q0 1.40
P1ans Examiner .75 .75
B uildin fns ecfar 11 3.00 4.00
Senior PeTmit Specialisi 1.00 1-00 .
Permit S ecialist 1GO 2.00
Office Assistan# II 1.:00 1,00
Tatal - 9.75 10.75
`PrerioLvsly thcre were three Pernait SpecialisLs_ C1ne position wa-9 ccanverle.ci to an {7ffice Assistant lI [o better
address tbe support neecis at the peroait renter_ Both pL,sitiu¢ts reside in the same grade of the Citv's c9assiiir:atAOn
matrix, so there was no financ's.al irnpact to tkae chan^e_
Customer 5en-icc Improvement Plan: Dcvelopment Process, continuecf
April 13, 2007
f'age 3 uf 7
For the month of March, the City's three Building Inspectors each conducted an average
of 15-22 inspections per day. The industry standard is 10-12 inspecrions per day - the
City targets an average of twclve per day. The addition of a fowth Inspector would
distribute inspections at a morc manageable level.
It would also give the City the capacity to institute expedited pcrmitting by appaintment
for simple projects, such as decks, small tenant improvements, and small residential
additions. Building Inspectors and Permit Specialists would fulfill this responsibility.
Wliile the building plans exanunation function is also exceeding capacity, this new
process is expected to provide some relief, and recommends that the City evaluate its
success before determining whether additional plans examination staff are necessary.
Development Fngineering
Development Engineering reviews and inspects public and private infrastructure
associated with development projects. It is also responsible for traffc engineering,
stormwater maintenance, and street maintenance. This memo dces not address those
three responsibilities, including the staff.
7ssjor Engineer - nevelapment 1.00 l_00
ineer 1. (IO 1. SO
stant En inee 1.00 1.00
Conswction Ins tor 1•00 1•00
E! ineerin Technician 0 1.50
Total 4.00 6.00
Plans arc assigned to the Engineer and Assistant Engineer. As an indication, each has a
current work load of 50-60 projects. To provide an idea of scope, following is a
summary of the avcrage amount of rime an Fngineer/Assistant Pngineer spends working
on a typical application.
Short lat with im rovements) 1'
Subdivision 24
Bindin site lan 20
Boundary line ad'ustment 5
Street vacation 4
Buildin Permit 17
Z Even though an Assistant Engineer is an appropriate lcvrl of pasition to revicw de% elopmcnt plans. the C'it% ha:
been unsuccessful in recruiting for the position, and proposes recruiting at the Engineer level.
' T6e City aLso has a Senior Engineer and Assistant Engineer for Traffic. Both of those positions (tfie Assistant
Fneineer is vacant) spend a portion of their rime rcviewing plans for traffic impact.
Customer Service Impruvement Plsn: Dcvelopmen/ Proress, continued
April 13, 2007
Page 4 of 7
The City has consistently relied on consultant contracts for plan review backup.
However, that review has become less available as the general demand for enpneering
services in the region has incrcased. While the City recendv renewed one contract and
has secured an additional contract, neither firm is able to commit to more than one plan
per week, and ihis level cannot be guarranteed over time.
lhe City's Engineer for stormwater, who has experience reviewing developmcnt plans,
has been pulled in to provide additional backup. This has impacted the stormwater
pmgram activities; however, City staff believes the review of development plans is the
more immediate need. This individual is no longcr ablc to work full time, but is willing
to continue warking for the City on a half-time basis. Staff proposes adding.50 FTE
Engineer for additional development response.
One of the main issues facing thc L-'ngineer and Assistant Engineer is the acnount of time
they spend in the land usc and building prc-application processes, and responding to other
development engineering rcqucsts. While valuable services, this decm,ases the time they
are able to spend reviewing the plans of actual applications.
I-o address this, staff proposes addi.ng 1.50 FTE Engineering Technicians. This addition
Nvould allow the Division to provide engineering staff at the permit counter. The full-
time Tech could relieve ihe Engineer and Assistant Engineer of duties invrolving pre-
application comments and meetings. He or she would also be assigned public land use
hearirigs.
Thc half=time 'I'ech wuuld provide backup to the full-tiinc; position, as well as handle
issues related to ihe close-out of land usz projccts. 'I`his cntails ciLSUring Public Works'
conditions af approval are met prior to signing the final plats for these projects.
The City has partly instituted this pasition via contract. However, since this nccd is
ongoing, it would bc: more cost effective to do so via in-house staff. The City is currently
spending approximately $7,000 Fx:r month for .50 FTE worth of service, comparcd tu
about $2,800 ger month liir the s:imc amount of timc u5inp a Citv cmploycc.
Ylanning
The Planning Division provides both developmcnt and long range plannuig services.
This memo addresses both responsibilitics for two rcasons. First, several of the staff havc
responsibilities in both areas. Second, several of the city's goals and hip-h-priority
projects are housed in this Division.
Customer Service Improvement Plan: Development Process, continued
April 13, 2007
Page 55 of 7
bdfing Current Pmpo .d
Plannin Man er 1.00 1.00
Senior Planner 1.00 1•00
Associate Planner 2.00 2.00
Assisrant Planaer 1.00 3.00
Plannin Technician 1.00 1.00
Lanited Ternr Assistant Planner 1.00 0
Total 7.00 5.00
One Associate Planner and the Assistant Planner are dedicated essentially 100% to
development planning activities. As an indication, each has a current work load of 65-85
projects. The second Associate Planner maintains fewer files, because he has also been
assigned GIS mapping tasks, e.g., the zoning map. To provide an idea of scope,
following is a summary of the average amount of time a Planner spcnds w•orking on a
typical application.
3iearin item, e. reu)ne or subdivision 2 0-=5
Short lat (preliminary a roval 7-10
Boundary line ad'ustment 3-5
Final short lat or subdivision 10-12
Commercial buildin rmit 2-5
The limited term Assistant Planner was hired to provide back-up in an effort to free the
Senior Planner as much as possible, as well as some of the time of the Associate Planner,
for long range planning pmjects.
I.ong Range Planning Projectr
'The City added contractual dollars for planning assistance during this start-up phase of
the City (first five years afler incorporatian). However, thcre is now enough of a track
record to indicate that ihe ongoing need for long range planning work w1ll exeeed current
staff"ing levels for the foreseeable future.
The City is cutrently engaged in the Sprague-Applewray Revitali7ation Plan, arguably the
highest profile praject the City has undertaken. h will cansume much of the Senior
Planner's time (as project manager) for the next several years. Tasks associated wzth this
project include the Subarea Plan Review; SEPA; the City Center project; development
regulations for the corridor; and a planned action ordinance for the City Center.
' Tbe City has included consultant contracting dollars in its budget for the past two yesrs to help address some of the
loag range planning pmjocts. However, when finding sufficient contract assistance was unsuccessful, the City filled
a limited term Assistant Planner position through the end of 2007. A limitod term position is not included in the
City's FTE counL Because continuation of the contract funding was included in the City's six year financial
forecast, there is no additional financial impact to substitutinc this position for an FTE Assistant Planner position.
Customer Sen'ice Impru-t cmcnt Ylan: UcN c{upmcot Process, continued
April 13, 2007
Page 6 of'
Iri addition. the rlannint-Y st::ifl'i-, respon,;ible ti,r:
• Urban (;rwxth Area G ;('TA 1 i 1pdate
• Uniform Development Code (L L)C) cornplriicm and impiementation
(including staff training)
• Annual Comprehensive Plan amcndments
• Annual Growrth Report
• Water System plan review;
• Boundary Review BOaid re ieVV, t
• Regional Collaboration Grant
• Other subarea planning
• Demographic reports
• Annexation Program
• Census Update
• Community Trade and Lcunomic l)c~elopmcnt I)epartment (C'TF17) erant
administration
• Review of other jurisdictions' projects
• Suppart to and participalion on regional conuiuttees, such as atcrshcd
Resource inventory Areas; Gmwth Management Stecring ('ommittee:
F'lannin~ llircctors l cchnica] ('c~mmittce
Staffpmposcs substituting the limi[ed terrii As<i5tant PI;inncr pocition with an F I'F
position, to provide conti.nued back up support to aid the City in accomplishing its
aggressive long range planning work plan, and adding an additicmal FTF assistant
Planner to relieve the case load in dcvelc,pment planning.
Cost and Funding of Proposal
'I'he proposal adds five FTE to development services, including the substitutiun o1'thc
cxisting li.mited term Assistant Planner position Aith a full-time position. Th::
approximate annual cost of this pmposal is $200,000. 'This aznount is net oi'thc sa~ ing5
realized through the conversion of a.50 FTE Engineering Technician from a contract tu a
City cmployee. The cost for 2007 wauld be about half that amount ($97,862).
Position FTE Annual Cost
Assistant Planner 1.00 $66,485
F3uilding Inspec;tor II 1.00 66,485
Engineerin Technician 1.50 99,727
Engineer .50 41.027
Fill current Assistant Engineer at Engineer level 0 6,000
Substitute limited term Assistant Planner position with an FTE 1.00 0
Subtotal 279,724
Savings from contract elimination (84,000)
rota] 5.00 $195,724
Customer Service Lmprovemeot Plan: Development Yrocess, continuei .
Apri113, 2007
Page 7 of 7 Dcvclopment revenues are now anticipated to be $300,000 greater than origina.lly
budgeted for 2007. The proposed budDet amendment discussed at the April 10, 2007
Council meeti.ng recognized $169,000 of Lhat highcr esti.mate~ to offset•some contract
costs as well as $30,000 of the $97,862 estimated cost of this proposal. The remaining
$131,000 of the revised revenue estimate is sufficient to cover the net cost of this
proposal ($67;862) for the halance of 2007.
The City operates under a philosophy of cost recovery in providing development
services. A revicw of the City's development fee structure would be necessary to fund
this proposal and other dcvelopmeni services in 2008 and beyond. However, that fee
reviea, needs to be dpne in any case.
Otber Actions This prpposal addresses the immediate need, but it does not meet the long term needs of .
providi.ng development services. WhiJe ideally this would be done as part of the City's
Business Plan endeavar, in reality it's more l.ikely to be a para11e1 effort, because staff has
nat been able to get ahead of the curve enough to evaluate its development-related .
organir,ational shvchue. That evaluation would not be e.ffective ~kithout also evaluating
systems and processes. ~ THe Building Officia1, Planning ManaEer, and Senior Enginecr for Development have
begun mecting on a regular basis to prioritize and map all of the development processes.
The pre-application process was the first undertaken, and staff has identified some
proposed improvcments. Stakeholders will be involved in th.is project.
ln addition to the staffi.ng proposal described above, staff recommends working with a
development process review consultant; oace staff has mapped current processes. A
consultant would provide additional i.nsight into meeting customer sErvice expectations
via appropriate staffi,ng levels for the pace of activity the City is experienci.ng, suggest
process improvements based on theis expcriences v«th other jurisdictions, and review the
City's fee methndology for equity and appropriateness.
Attachmcnt
S
p °~okane Valle
Y 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: David Mercier, City Manager and Members of Gouncil
From: Nina Regor, Deputy City Manager; John Hohman, Senior Engineer- Development;
Mary Kate Martin, Building Official; Greg McCormick, Planning Manager .
Date: August 14, 2007 Re: Development Services Status Report #1
This spring, the managers in eharge of develnpment services began meeting to revie«< and revise
processes with the intent of improving customer service. The purpose of this report is to provide an
update of activiries. • Reorganization. Effective June 1, the development services area was created by transferring
Development Engineering into the Community Development Department. We will be
rEVieuring City Code to make sure the reorganization has not resulted in any conflict of
assigned responsibilities. These efforts will be coordinated with the Uniform Dcvelopment
Code ('IJDC) adoption. • New Employees. In April, Council approved five additional FTE for development services.
All of the new positions were filled as of August 1. FYt, staff is also working with WEB
properties to pursue additional space to accommodate the positions added as part of the 2007
budget as well as the two Customer Service Improvement Plans.
• Over-the-Counler/Expediied Review. Now that development services is completely staffed,
we are working eo impleme_nt the over-the-counter or expedited review of certain types of
permits. We anticipate this to occur by the end of September.
• Development Services Fonum. Spokane Valley's first Development Services Forum was
held at City Hall on June 29. Nearly 50 people attended this forum and discussed proposed
. changes to the development process. A follow-up letter was sent to the Development Services
Forum attendees that included notes from thc forum and comments from the questionnaires.
A full packet of hand-outs from the meeting was also sent to anyone who indieated an
interest, but was unable to attend the meeting. Please let me know if you would like any of
these materials.
•2° Development Services Forum. Based on the number of comments received at the forum
conceming Boundary Line Adjustments (BLA), this proccss moved up on the priority list and
. will be the next process to be reviewed. The next Forum is tentatively scheduled for Friday
September 7, 2007. The draft BLA process is the main topic.
• Proeess Review. The attached table provides the review status of the various development
processes
• ~ .~1
11'riaritizeci Devclupment Proccsses
H1:G:H
1)evclo ment P_ rocess _ Sunimu Qf Chan es Status
-
Land Use Prc-Applicatiun Cooference Created new flow, chart climinating bottleneck in Final stalT review
review process
laiplement:alion target date
Crealed new in.liormation & checklisl for customer usc September 1, 2007
Created new combined pre-aPplication e:onference
a lication
Gommercial 13uilding 1're-App. Conterence Created aew flow charf eliminaling botlleneck in Final stafFreview
review process
Implemenlaticin target clale
Created new in.['ormation & checklist for ctistomcr use SepCember l, 2007
Createtl new comhined pre-aPplicution cunterence .
a lication
Commercial Building/Multi-Fumily Permit Updated 2005 flow chart clFtrilying staff zeview Currcnt work item for BEP
process and providiug customer information rm process working group
frorn iiutial application through certificale of
occupancy .
Separaleci process oricnted functious and forms From
2005 Aclminislrative Yolicy 8c Procedure to customer
inFarrnatiorial guides and chccklists
Iioundxry Line Adjustment Drafted revised (ltiw chart to rctlect dual Current work itcm tor BEP
intecnaVexiernal review process wo.r.k.ing grouP
Revicwcd stafFchcc;klist wid custonlcr subniittal
checklitit
R.eviewin with stafl'for additional in ut August 14, 2007 . . i
ti.
Prioriti•r.ed Development Processes
H1GH - con't Develo ment Process Summa of Chan es Status
Grading Permit Met with pcrnutting staff to review process Currenl work item .f:or BEl'
wnrking graup -
Reviewing gradin ordinance
Manufactured Home Permit 8c ltcsidcntisil Pending
Buildin Permit
Combined Applicatian Pending
• Zonc Change &
Re-sidentiaVCommercial
Subdivision
• 1'reliminury: 13inding Site 1'lan
Short Plat Lon Plat
Combined AppGcation Pending
• Tinal:
Binding Site Plan -
Sliort Plat
Lon 1'lat
Strcet Vacation Application & Submittal Pending
Checklist
Right-of-Way Permit Applicatiun Pendin
2007 2
.
~ .
Prioritized Developmcnt Processes 1VdEDIUM Develo mc:nt_Prgccs5 Suromary of Chan =cs ~ Status A roach Yermit Pendin
Uemolitiun Pcrmit T'endin
Tcro orary Use Permit PetTdin
Prioritized Development 1'rocesses
IJOW
Dcvelo ment Process Summa oP Chan ges . Status
Firc Pcrmit A licativn Pendirt
Chsin e of Cc►nditinn to 7onc Chan c Pendin
Condiliona1 Use Permit Humc • Pending
Profesyinn/Fiumc indust A licatian
August 14, 2007 - 3
Prioritized Development Processes ffiGH
Develo ment Yrocess $ummary-of Chan es • Status
Land Usc Pre-Applicution Confereocc Created new ilow chart eliminating bottleneclr in '
review proeess
Lrcated new information & ehecklist fdr eustomer use Completed - 9.1.07
implemcntation
Created new combinfxi prc-applicalion conference
a licalion
Commercial Building Pre-App. Cunferencc Created new flow chart eliminating botllcneck in
review process
Crealed new inf.,brmalion & checklist for customcr use Cc>mpleted 0 9.1.07
' implementation
Created ncw combined pre-application con.ference .
a lication
Commercial lf3uilding/Multi-riamily Percnit Updated 2005 ilow cbarl elarifying staff revicw Current woek item for BL:Y
prucess and Providing customer information on process working group
frnm initial application through certificate of Need applicaticros &
occupanc;y checklists Separated process oriented funetions anci forms from
2005 Admuustralive Yolicy & Procedure.ta custoiner
in.f.ormational guides and clieck.lists
Bc►undary Linc Adjushnent Drafted revised flow cliart to re.fleet dual
intemaUexternal review proccss
Completed - 10.1.07
Reviewed stafPchecklist and customer submittal implemenlation
checklist
Revicwed with staff for additional in ut & f nal .
Sept;P-'s,,-,:r 7, 2007 . . . 1
, . _ . ,
Prioritized llevclopment Processcs
HIGN: - coti't
Development Proccss . Summary of Changcy Status
. Grading Permit Mel with pcrmitting stalY tu review procE;ss Current work item for .F3:C:E'
worlcung group
Reviewing gradi.n orclinaclce Prelimiuary Short Plat Current work item for }3EP
work.in rOu
Final Short Plat Currcnt work item :for BLP
workin rou
Target Date Created cover shcet w/ project application review Camplctcd - ]O.l .07
°IATZGET iaA"I'E to rovide a licant w/ timeframc implementation
Projcct Transmittals Crealed new form to accompany project submittals Completcd - 9.1.07 irn leincntation
Check List Only Review Creatcd crit.eria f'vr Comm Bldg pre-Lipp chcck l.ist Unly Coi»pleted - 9.1.07 a. lication review im lemeutatirm
pver-the-Countcr Permit Rcvicw Cre;aled criteria 8c forms for OTC permit review Rcviewing w/ staff; editing
racess for Residenlial and Commercial forms & malerials
Cc►mbined Applic:utiun 1'endinbT
• 7onc Chtinge &
Re.sideutiaVCnmmercial
Subdivision .
• Preliminary: Binding Site Plan
Lon 1'lat
Cotnbined ApplicaNon Pending
• Fins►1: .
Binding Sitc Plan
Lon Plat
Ki ht-of-Way 1'crmit A Iication f'endin -Juhn & Mar Kate
Manufactured FIc►me Permit & Rc.sidential Pending
13uildin Perniit '
September 7, 2007 2
Prioritized Development Yrocesses
MEDIUM
of Chan es Status
Uevclo ment Process Summa - y - ~
- - _ _
-
Ap.proach Yermit PendiM
llenjolition 1'ermit Pendir:
Tem ora Use Permit 1'endin
Prioritized Dcvelopment Processes LOW
ent Process Summa _ of _(Aan es Status
Develo m
.
Fire Nermit A lication Pendin
Chan e of Condition to "Lone Chan =e Pendin
Concfitional Use Permit Home Pending
ProfcssionlHomc Indust A lication
Street Vacation Applicatinn & Submittxl Pending - di,rcu.rs w/ T)ireclars
Checklist
,
SepiT-~~'=~~;r 7, 2007 3
f ~ .
~ .
C/ ,
~
r-
Customer - -
■ Improvements '-•o
April 22, 2006
Kathy McClung, John Hohman,
Mary Kate Martin, Greg McCormick
- - -
Background
e The timeline summarizes the prooess
~ beginning in March 2007
Visio time line goes here or however that
works
Key timeline issues:
■ Hiring new staff took approximately 6
months
■ Changes within existing stafF meant that
full staffing was not oompleted until March
2008 ■ New UDC presenfs additional training, interpretation, implementation challenges
,
1
I
:
. •_r• -
O
Improvements Implemented
■ Re-organized development review staff
under one department director
■ Established manager team aversight of
development and permitting processes
t Provides direct aoaass to a supervfsor
D Ability to speak to a rnanager in any division
regarding questionsJoonoems
❑ Validation of interpreta6ons
■ -
Improvernents Implemented (cona.)
■ Revamped pre-application.prooess with
new, consolidated forms
■ Restructured BIA process
o priority task assigned to one steff person
D new screening ptQOedure fA deEermine when
outsfde review is required
Oreduced rsview time by appraAmately one- half (from 4-6 weeks to 2-3 weeks)
:r
Improvements Implemented (cont)
■ Project coordination meeting
❑ short waekly coordination meetings with
review staff and managers
■ Over-the Counter Permit Review
c havn conduated 15 revievrs -
❑ customsr feedback has been pasitive
~
~e*
Improvements Implemented (coRti) ■ Target Date Sheets
O provides projected dafe for compleiion oi firs#
revie%-/-in writing '
❑ explains reviev procsss
• Restructured intake process
D complete and ready for routing a# tima of ,
intake
-
: -
Improvements Implemented (oor.t)
■ Eliminated °speciatty" intake •
~ O any permit sosci3list can take in an
application
s Dedicated cashier fiunc#ion
■ "Phones firsY policy
■ Dedicated Permit Center e-mail
Improvements Implemented ~,.nt>
' o New transmittal process o one pofnt af access for submittals to
permitting systam
o dear direc.don for routing
O accounfability for staff and applicant
■ New routing center
o centralized lacation far organizing and
distribvting applicstion documer►ts
l' .
~ •
,
3
~ _
~
Improvements Implemented (com.)
■ On-line sign off for two outside agencies 0 Fire District
o Healtlh D2partment
■ Added °QC' checlc within one week of
submittal
o check for "Fatal Flaws"
D allaws appliaation to be roufed, if pvssible,
w'hlle waiting for corrected documents
.
Improvements Implemented (cot.)
■ New Certificate of Occupancy procedure
D on-site meeting pifor to issuance
❑ inspector coordinated . ■ 80 city reviewing divis'rartsfoutsEde agencies
a one point of contact for project manager or
superintendent for first round inspedions
o on-site sign off
Staff Development
■ Started staff dsvelapcnent program
❑ On-ga3ng program
. Began with UDC treining for all staff
• Leadership Development identified core values
o Coopereteon, Creatfvtty, iniegrity, Pdutual RespeC, •
Wisaom
■ Customer S-arvios Training
• 0 Refreshw Course
4
Timeframes-April 2007
• Timeframes for the return of first reviewv
comments on commercial projec#s wara
10-12 weelcs
o consistenUy In thls range until new
staff/processes urzre in place _
Timeframes-April 2008
Current timeframes for the return of frst
comments on aommercial projects are 5-6
O weeks
• marsy proJects receive comments sooner
Qtimsframes for flrst comments until February
2008 were 4 weeks or sooner
D informal `quick tum-araund' queue for simple
projects
~
Improvements "In Progress"
■ New construction drawing submittal
requirements informational handouts
■ New site pfan informational handout
■ Check4ist onty pra-application process
s New pre-application oonference written
comments format
~
5
J,
:r -
Next steps.......
■ Continue Developer Forums
■ Review of land use processes
t7 subdivisions
. Develop oven'law review process for
temporary periods af high-demand/volume
■ On-line permitting-as an option
~ _ .
.
About on-line permitting
■ Challenges- _
* current datebase resides on county server
* home-grown system-no web interface has been developed
o needs dedicafed database manager
. Advantages-
" a proven oustomer service enhancement
.
r
Challenges
.•n 13,water districts
0 oompficates develapment ooorcilnation
■ Outside agency review
D variability in responsivenass, staffing for
developmen4 process
■ Hearing examiner process
o increases iirneframes for land use approvals
6
=
d
Chailenges (coft)
■ New UDC
o°7Vlsaks° require procsss as well as siaff and
oouncil time -
■ Staff exparience
t Over t►alf of the stafi are neui to the municipal
woric environmenf •
'
.
Opportunities
■ Staff is highly motivated -
~ ■ Organizational structure is unique
6 Created fhe abiliiy bo oonsolfdate
development related activiiiss in one
departmenf
v Creating more collaborative working
relationships
❑ For both internal and exBemal custorrsers
7
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 22, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: Animal control update - Council questions
GOVERNING LEGISLATION: SVMC 7.30
PREVIOUS COUNCIL ACTION TAKEN: On November 7, 2007, the C'rty Council had an update
from Nancy Hill, Director of SCRAPS, the entity from which the City receives animal control
services under an interlocal agreement. Several questions arose as a result of the discussion
with Ms. Hill, principally focused on how the City could try to attain higher levels of licensing of
dogs and cats in the City.
BACKGROUND:
The first question related to whether the City could require veterinarians operating in our city to
~ notify SCRAPS when they treat a person's dog or cat that does not appear to be licensed. Our
office has researched that issue, and we find no legal ability to require veterinarians to do so. In
short, they are licensed by the State of Washington, and the City has no authority require
veterinarians to report such information. In a discussion with Ms. Hill recently, she identified
that she attempted to remove the need for such mandatory action by entering into a.
memorandum of understanding with Inland Empire Veterinary Medical Association (IEVMA).
Under that, the IEVMA pledges to educate their clients on the importance and benefits of
licensing, and will hand out license flyers to each client when a rabies vaccination is given.
SCRAPS provides the flyers to the veterinarians for distribution. Ms. Hill asserts this voluntary
agreement is the best we can do with veterinarians under the circumstances to facilitate more
licensing.
The second question was whether the City could have different fees or penalties for non-
compliance than what Spokane County has. Apparently when the Board of Gounty
Commissioners considered revisions in 2007, they discussed this possibility. This requires
interpretation of the County Code and the intedocal agreement. The City adopted by reference
County Code 5.04, except for specific provisions relating to dangerous dogs and potentialiy
dangerous doges. The County Code states at 5.04.030 what the licensing fees are for dags
and cats, including specific rates. SCC 5.04.140 states that SCRAPS has authority to set fees
not otherwise established by the Board of County Commissioners (boarding rates, etc)
Echibit 1 to the interiocal agreement executed by the parties on March 14, 2006 states as
follows: .
In conjunction with the enforcement of items No. 1 and 2 herein above, CITY shall adopt
and keep current by appropriate legislative action, both an (i) Animal Control Ordinance
t ; and (ii) Inherently Dangerous Mammals/Reptiles Ordinance substantially identical to
`~those adopted by COUNTY as they presently exist or as they may be modifiedlamended, to include all fees/penalties. This responsibility shall not be deemed
a restriction upon the CITY'S legislative power. The City of Spokane Valley may enact
ordinances dealing with animal control within its boundaries;
Given the language from the interlocal agreement and the County Code, it appears there is no ~
~
provision for the City to have fees or penalties different from those set by the Board of County
Commissioners. The City did adopt several provisions different from Spokane County, but they
were necessary to comply wi#h state law.
OPTIONS: Instruct staff on whether the Council would like additional information.
RECOMMENDED ACTION OR MOTION: NA
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell, Deputy City Attomey
ATTACHMENTS: SCC 5.04 in effect as of January, 2008
. . ,
~
Chaptar 5.04 DOGS AND CATS
Sections .
• 5.04.010 Parpose.
5.04.020 Xlefinitions. .
- .
5.04:036 Ilog and C~f lioense-Requirc.d. ' . '
5.04.0381`' Uog~t Ritbies Vacdnatioaa Required. '
' 4.04.032" D~rngerousI}og--Hearing'a~d A~~eaL
5.04.033 PvtentiaiZy~Daageroas ~vg-~Hear.ing ~nc~ App~l. _ . I
S:U4.~~a ke~st raii~nsdf dangerous'o~s-l~eqtiireir~eu~s and 'annual fee. - . . . , . . .
. . '
3.. 04 3 .0 . 36 ~ Dangerous Dog"s--Idenitifica#ion. &04444 TJAaZ use of tags.., • ' ' .
5.04.04Z &riitriercialkenn~: - .5.04.043 Private kenneLs. .
, 5.04.044 P!`C1h1bfted 591e5 - kulCS $IId R2gLll8L`7URS. ' . 5:04:045 Dc'sikni$ted off-'leask ai-ea(s~r~nles. amd regulitions. . . .
-
5.04.06ii Impouuding of'dags:,
` 5.04064J ReleasefnFado~tin~. ' - ' ' ' ' ' ' • !
. , ' a i_ ..y. i
~.Q~.UG~~ ,~.n,innal A~doption~yAgreeme~i to'sp aylaeker -S teriiityFee 4 Fio ifeiture of ' animal.-Animal Care And Pratccfiba.lkcseFVe -,~uinds~~lecoi~nt.
5.04.(166' ' rim p,otindi~ab of ca#R.
~ ~.04.Ob7 • C~ntiolaf cats. , . . ' -
5.64.070 Control ofdogs.
5.04.071 Vialatinn's as infr`actio os--Exceptious.. . ° . -.-f
. . 5.04.072' ~a~iceof xnf6Won--rssnaoce.- . . ~ .
5.04.073 Nbtice of rnfractioAs--D~#errnFnatiOnfnAl - ' ' . . . ~eril~ss c~outes#ed=X'+nrm. ' 5.04.074' )Resp'oe fo no~ce'P.f jn~-action--Co~x#~esti.h~
. . , . ~ - - - -5_
. ~eterme~aat~on =F~ea-i.ieg=fa~lure to~: i-e,spond
6r`apPear- 1 . . . . . , ' . -
5.04.075 : ffcarings-gnles of procedui-e-Counse.l. -
, . .
` .~.04.07~ Hcsrings-~antes#img'Jetei-ute~xat~orithati~t= - , -
' ti`actinn comrTtittW'--Appeal. • . . . . - .
5.04.077 . EIearings,~--ExpLnafinfl of mitigating cErcum.~tances. '
5.04.075 ` b'rder nfcouk"Civil'nature--'9Vaivei-;'reductioQ, suspensia'n of _
' . pena[ty--community serviee in lieu of penalty. . .
. 5.04.079 Pairuie to sign ~ R'ailure to Pay..
5.(4.6701" Per'sdn'rece'rving rioticeL-=Iclen'tificsYtion aud detcation.
5.04.0792 R'a'Hureto.Dbey Ins#ructionsofam;0 U11cer`
,
5.~4.090 ~inim~l ~uiEttru~ Ili'recE~or~or hislli~e'r'des"egnae-Issriance otcriitixluiaC citalfion. "
5.04.110 _~tedezapt~ouproced~ires.' ' ''Y` ' ' ' -
5.04.120.: ~ Removal Ilestrucfion a~.Dangexa~aEid 'Vicin-us dogs. .
P enaEties. . . - . . . , ' . . ~
~ - 5.04.131 Violation'~s cnnstit6ting s public 4Uisance.. • . . . • _ . . -
~ 5.04.,~46 Fee Settia~'Anthorit,y '
5.04.150' DU: fy Wh'en Striking Ylomesfic Aniatai With Motor Vehicle ' 5.04.I60 : Animai Ei#e'$ Ta $e Reported . . - " .
SCC 5.04 . 1 ~ffeoEivc-1-1-08
5.04.170 Spaping and Neutering Services , . 5.04.900 SeverabiIity J~
. 5.04.910 E_ffective date--Preseraatiom of existing cases. ,
5.04.010 Purpose. . . .
It is the public policy of Spokane County to;secure and npai,atain such levels.of an.ianal control
within the unincorporateed areas of =p~ed Couanthin any governmerital en~iry or
incorporated area under confiract ttiat provisions of thiscbapteT; as will Protect the
general publics' health and safety, and to ti~e, greatest degree practicable toprevent damage to property.
To tlus end, it is the purpos~.of this chapter to provide a means.o£ ]icensing dog'slcats,and controlling
errant doglcat behavior so tliat it sliall not become 'a public nuisance. .
It is also the public policy of Spokane County to prevent the ua.humane tieatinent of animals.
. Therefore, it is also the puzpose of this c}iapter to provide For the hurinanc use, care, and treatment of
anirnals to the end that.crueIty to such animals will be reducedor eliminated:
. . , . ~ . . .
5.04.020 Definitions. , . , i .
In construiqg gro,visions o.f this chapter, except wliere otherwise. plainly :declared or clcarly
apparent from the context, words us'erl in tlus cliapteT, shall. l?e giyen thei.r common arad ordinary
. meaning and in addition, the following definitions shall apply_:
~
(1) "Abatement" means the terniination of any violarion by, reasonable and lawful means
deterauncd by t~i.e. anunal control officer in order that,a person orpersons presumed,to be the owner or
• . . . : , , • . . , keeper shall comply wi :th this cbapter., . , : , , ; . .
(2) ~"A.nimal" meansany nonhurnan: mamuia.l,bird, reptile, or.amphibian. _
(3) Animal Control" or Spokane County Animal. C~ntrol or Spokane County Regional
A,nimal Prbtection' Services" (hereinafter re#'erred to as "SCRAPS") all means that deparhment
established by the 'baard of c,flunty commissioners by resolutiori to. adniinister and enforce the :
provisions of this chapter, chapter 5.12 of the County Code, and chapters 16.08, 16.52, and 16.54
RCW. Its department head shall be rcferred to hereinafter as the "a.aimal cflntrol dizecior", "animal
protection director" or "Director." A.n "animal c.onfrol, officer"" Qr, "animal protection~officer" is any
. person designated by the - I7irector . with a limited ' law enforcement:.coinmission._,and employed or
appointed by the Board of County Cbmmi.~sioners of Spokarie,County for the purpose o£administering
or aiding in the eaf.orcement'of thia chr, chapter 5.12 0~ tlie County Code, and chapters 16:08, •
' 16.52, and 16.54 RCW. . • ~
(4) "Animal SheIter" means a f.acility which is uscd. fo house'or confai,n 4stray; homeless,
abandoned, impounded or unwarited animals, arid which is owned, operaied or maintairied by a public
body, an established humane.society, animal welfare society, society for the prcv,cntion of cruelry to
animals or other nonprofitorganization devoted'to the weVare, protection, and humane treatrnent of
animals.
(5) _ "At large" means'a dog which is physically'off tlie premises of the owncr, handler, or .
keeper of the dog, and which. is not,secured 6y.a leash which is urider ttie,control~of the oA~ner, handler,
. or the keeper not exceeding eight feet`in length; provided, "at large" does not include dogs .exhibited in
dog shows,,_field trials,. obedience iraining:or trials, orthe:training of.dQgs therefore;. or the use of a
dog uncler the supervision of a~p'erson to hunt, to chase or tree predatory animals or.game bircis; or the
use of a dog to control or protect livestock or property oi,:an.other agriciiltiual activiries;: or a dog ~vhen.
otherwisc safely and securely confned or completely controlleci witliin oi upon ariy <<eliicle; or under
control in a designated o£f-leash area;, or dogs used by law enforcement agencies.
(6) "Caf" means a domesticated Felis catus, and.includes both male and fetriale cats.
.
_ ('n "Cornrnercial kennel" means a place where 'five (5) *or more dogs (ovez 6 months of age)
andlor five (5) or more cats (ove'r 6 months of age), i.rrespective of duration, are boarded, bred, bought, .
SCC 5.04 2 . Effective 1-1-08
sold, e~ibited or tramed for compensation, but not includi.ng a pet shop, a.nimal shelter or veterinary
. ' .
cliniclhospital where boardi.ng is incidental to treaiment. If more than eight (8) dogs (over 6 months of age) and/or ten (10) cats (over 6 months of age) are kept then such-establishment shall be deemed a
"commercial kermel," regardless of wTiether the owner or keeper'receives compensation. -
.(8) "Dangezous dog" means any dog ttiat (a) inflict,s severe injury on a human being
. witbout provocation on public or private property, (b) i.n.flicts severe injury on or kills an.animal
v~rithout provocation wfi,ile fhe dog.is'off tihe owner's or keeper's property, or (c) 6as previously been
found to be potentially dangerous, tlie owner or keeger having received notice of such and the dog
again aggress'rvely bites, attacks, or endangers the safety of hu.mans or animals. If tv✓o or more dogs
jointly engage in any conduct described in this subsection, thereby renderuig proof of the individual
dog• that inflicted any particular injuiy difficult to ascertain, then 'regardless of the degree of
participation by the individual.dog(s), all such dngs shall be deemed dangerous dogs. A dog shall not
be*declared dangerous if the:threat, injury, or damage was sustaineci by a person Nvho, at the time, was
coinmittincy a will.ful trespass or otfier tvrt upon the premises occupied by the oNvner or keeper of the .
dog, or was toi-menting; abusing or assaulting the dog, or was committi:ng ar attempting tocommit a
' crime. • ' '
' (9) "Day" means a calendar day unless otherwiSe "described. In corhputing any period of
. time prescribed in this chapter, the day of thc act, evcnt; or default from which the designated period of
time begi.nsfo run shall not be included. Tlie last day ofthe`period shall be included;'unless it is a
Saturday, Sunday or legal holiday, in which event & peiiod runs unti.l 'tlie end of the next day that is
nof a Saturday, Sunday'or legal holiday. Legal holidays are prescribed in R.C'W 1.13.050..
(10) "Dog" means a domesticated Canis familiaris, -bred in a great many varieties, including
wolf hybrids.
~ (11) "Euthanasia" means the humane destruction of an aniinal accomplishedby a method
. that involves instantaneous unconscipusness and immediate death, or by a method that causes painless
loss of consciousness, and cleath during such loss of consciousness.
(12) `Bxhibits vieious prnpensities" means: • (a) The infliction of a bite, or bites, on a human being or anirnal, either on public or private
PmPert3'; or. . .
(b) Killing or se'verely injuring ari animal while the dog qr cat is off the owner's or keeper's
. property; Provided, the above definition of 'vicious prope.asities s6a11' not include those
situations de'scribed in 17CW 16.08.100 (2) azid (3).
.(13) "L.icen§e year" means license ex-pices twelve (12) months from month ofpurcliase.
.,(14) "Microchip implanY" rricans a passive electronic ttansponder that is injected into an animal,
subcutaneously, by means of a hypodermio-type syringe device. Each niicrochip shall contain a uiuque
' and'original number ttiat is read by att electronic scanning,device for purposes of anunal identification
and zecovery by the animal's owners. The microcbip implant shall be supplied with an exterioi collar-
type tag for purposes of an exCerbal means of notifying ofhers that the avimal has been iniplant~ Nvith a•
inicrochip. - (15) "Off-LeashArea" means an area specifically ciesignated in section 5.04.045(1) in which a
ownez, handler, or keeper may allow or germit their dog' to nm at large subjeet to the iules and
• . regulation, in section 5.04.045(2). . . "
"Owncr, haridler or keeper" means any. person, firm, corporation,' organization or department
. 'possessing, harboring; keeping, having an iuterest in or haviug contxol or custody o£ ari animal,
regardless of w.hether the aniuial is licensed pursuant to the ordinarice codificd in this chapter.
(17) "Pet shop" means legally peimitted establ.ishment where'animals bred off the premises are
~ o££ereti for sale to the public.
(1$) "potentially dangerous dog" means any dog th'at when unprovoked:. (a) inflicts bites on a
huinan or annnal either on public or private property, or (b) chases nr approac}ies a person upon the '
SCC 5.04 3 Effective 1-1-08
streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack or (c) any
. dog with a known propensity, tendency, or disposition •to attack unprovoked; to cause injury, or ~
otherv~q"se to threaten the safety of humaus or animals.
(19) "Premises" means 'the area of land stirrounding a house, or dwelling unit or unats, and
actvally or by legal construction formi.ng an enclosure and to wluch the ov~mer or keeper of a dog has
legafand.equitable right therein. "Premises" does not exteud into ar'eas of com.mon ovmershiP or use in
. the case of easements, trailers parks, apartmcnt complexes, private communities, etc. (20) "Private kennel" rrieans a place, other than'an animal shef'ter,,,A~here five (5) to eight (8) dogs
(ovcr 6 months of age) andlor five (5) to ten (10) cats'(over six monttis of age) are kept for personai or
noncommercial purposes. If more than eiglit doga (over 6 months of age) ac~dlor ten (10) cats (over six ,
montfi~s of age)are kept at a private l:ennel, then such establishment: shall be deemed a"commercial
. kennel," regardless of whether the owner or keeper'receives compensation. _ • _
. , (21) "Proof of vaaeiriation" meaas ahealth or rabies ceitificate issued by a licensed veterinarian.
(22) "Proper enclosure ofa dangerous dog' means, whil e ori the owner's or keeper's property, a
• dangerous dog shall be securely confned indoors or iri a securely encl'osed and locked pen or structure,
suitable to prevent the ei~try of young children an`d designed-to prevent tlie animal from escaping. Such
pen or stxuctuie shall have secure sides and a secure top and bottom enclosure,, and shall also provide
, profection fromittie elements for a dog. . . . . •
. r(23); "Senior Rate"means the,.s~pecial discounted rate any-dop,/cat owner 65, years of age or older
may request for the licensc of one spayedlneutered animal:,: , (24) Se~~ere injury" nieans any physical injury which results. in a broken bone&, disfigurement,
oe lacerations requiring suture(s) or surgery. - . ' (25) "Spokane Couniy" means the unincorporated area of Spokane County, Washington and
within any govemmental enrity or incorporated area uuder contract that have adopted provisions of this
. cfiapter. . . .
(26) "Trip Fee", means the tesponse fee ari owner or keeper of an -animal'may be charged by
SCRAPS when an animal is impounded. ,
5.04.030 Dog and Cat License-Required.
(1). All dogs six months of age or older harbored, kept or maintai.ned in tho unincorporateri
, areas of Spokane Caunry and incorporated area.s under contract that have 'adopted this chapter, shall be
. licensed. The annual license fee for each dog' shall be ttiventy dollars ($20.00) for neutered/spayed
dogs and fo.rty dollars ($40.00) for nonspayedJnorineutered dogs £our dollars ($4.00) of the above
, license fees shall be dedicated for the purposes identifiecl in seciion 5.04.170. A penalfy of twenty
dollars ($20.00) will be added to the above license fees for failure'to timely obtain_or renew a Gcense
as,required by subsection (5) of-this secrion. Senior rate, ifapplicable will reduce ttie above fee by.five
dollars (5.00) on one neutered/spayed licensc. License may be obtained from and fees may •be paid
either to "county" or "private"_licensing outlets-as designated by the Director. A service charge of iv~ro
dollars ($2.00) in addition to. the regularly set fees may be collected and retained by all "private"
licensing outlets appointed by thc Director for each dog licensE issued. Upon payment of the license
fee.provided above, fhe licensing outlet shall deliver to the owner or keepcr of such dog, a license and
metallic taa .for each dog licensed. . . .
•(2) All cats six months of age or older harbored, kept or maintained 'in the unincorporated
areas of Spokane Coi.uity and incorporated areas under contract,that have adopted this chapter, shall be
licenseA The annual license fee for each cat shall be fifteen dollars ($15.00) for spayedlneutered cats
and twenty-five dollars ($25.00) for non-spayedlnon-neutered cats. Four dollars ($4.00) of the above
license fees shall be dedicated for the purposes identified in section 5.04.170. A penalty of twenfiy
dollars ($20.00) will be added to the above license fees for failure to timely obtain or reuew a license
• as required by subsection (d) of this section. Senior rate, if applicable will reducE the above fee by fve SCC 5.04 4 Effective 1-1-08
~
dol lars ($5.00) on one' neutered/spayed license. License f.ees may' be - paid to either "county" or ~
' "private" licensing outlets as designated by the Director. A service charge of.two dollars ($2.00) in addition to the regularly set fees may Ue collzcfed and retained by.all "private" licensing' outlets
appointzd by the Director for each cat license issued. Upon payinent of The license -fee provided above,
the licensing outlet shall deliver to the o,,vner or keeper of sucli cat, a license and metallic tag for each
cat lic,ensed. . (3) A.11 licenses issued pursuant to this section shall be dated and numbered, and shall bear the
name of Spokane County, the name and address of the owner and keeper of the dog or cat licensc, and
a description of the dog or cat, inoluding its color and sex. The metallic tag shall bear a serial number
' correspondiLig with the number of the licensc, and the-.county or padthereaf for which it i§ issiaed. Tt
shall be the duty of every owner or keepee of a dog or cat to keep a substa.ntial collar on the animal and
ta keep firinly attached theieto the., mctallic tag for the cun-ent licensing year: ' There shall he a fee of
two dollars ($2.00) for'replacement o£any lost licc;nse tag. .(4) A.oy g'erson who sHall fo"r. th'e i-eason of secu.ring a dog or cat licensc falsely represent
whether the -dog or cat. is ' spayedlneutered oz non-spayed/non-neutered' shall be' guilty" of a
misdemeanor. ~ ' ~ ' • ' • ' ' (5) 'Licenses'must be ieuewed with.in twelvb (12) monttis "of the date the previous license was
issued. A new license must be piirchased within 6irty (30) days after a dog or cat was hisf acquired,
harborcd, kept, maintained,`or bcought into the county liya person residing in Spokane County.; .
(6) All fee's and' fines collected 'under the pzovisions' of thi~ chapter other'than criminal fnes
: 'and the 'portion of the license "fees d'edicated for the purposes icientified' in secdon 5.U4.170 shall be
' depo.sifed in the coian'ty curreat experi5e funii." (7) The county*shall horior the request by oRmer'of a dog*guide or trained service animal'a-not
~ to be chargcd a fee to license his or her dog guide *or trained service animal,
(8) The o%mer or keeper of any dog or cat shall provide SCRAPS upon request with proof that
. . rhc dog or eat is currently licensed as provided by this chaptei. ' (9) A:ny increase in currEnt dog and cat licensing £ees or perialties in this scction shall become
. cffective on Janua.ry 1, 2008 @ 12.01 a.m.. . ,
- •,5.04.031 I)og/Cat ta have cvrrent vaccinaYion against rabies. '
. All `dogs and. c,ats six (6)`m6 n6s of age or oliier shall be 'vaccinated against rabies. Thc ovvner
' or keeper of such dog/aat sliall provide SCRAPS"with proof that`such` doglcat has been v.accinated
against rabie's as well as tbe expiration date of sucli vaccmation. Aji owner or keepec wlio- i~efuses to
provide proof of such 'vaccination upon request by the Director or hisJher' de'siggee shall be deeiried to
have failed to provide such proof. 5.04.032 Declaratioa of Dangerous Dog-Administrative Appeal He€iring and Appeal-- .
Impounding ofAog. ' (1) PJtien the Direetor, or his/hcr designee, has sufficient information to determine that a
dog is a dangerous dog as defined by section S 64.020(8), the a7irec'tor, or hislhei designee, shall
_ declare tfie dog a dangerous dog and shall noti.fy the owncr or keeper of the dog in writuog,'eitlier in
. peLSOnor by'regularand certified mail. Any rioticc'or determination mailed pursuant'to this seCtion sHAll be deemed received by ttie parfy to which it is 'addressed ori hhe third'day after it is placedin the
mail, as sEt forth by'declararion ofthe sender. ne notice shaIl conf~in tYie following information:`
' .(a)-"That the person receiving the notice isthe~owner or keeper of a dangerous.dog as defi.ned iu
section 5.04.020(8); .(b) The breed, color, sex, and license numher (if Irno-Am) of the said doo;
SCC 5.04 ' 5 Effective 1-1-08
(c) A copy of the records relied upon by the Director,. or his/her designee, which form the
basis for declaring said dog to be a dangerous dog: these records may be supplemented wiih additional J;
material as it hecomes available; . . ' (d) That to contest th,e declara.tion o.f dangemus dog the owner or kceper of the dog must
request an administrative.appeal heari,ng in writing on a fozzn provided with ttie notice within fifteen
(15) days of the zeceipt of ihe notice. _
•(e) '`hat if an admiqistrative appeal hearing is requested, such hearing will be convened
pursuant to subsection (2) of this section; that at the'administrative appeal hearing, the records of the
Director, or his/hez designee, and any supplementasy material shall be. admissible to proye ttie dog is a
• dangerous dog; that the owner or keeper of the dog may require the offi eer compiling the record to be
. present at the admin.istrative appeal tiearing;..tha# the owner or keeper of the.dog may present evidence
and examine witnesses present, and that the burden shall be on the Tairector; or hisJhei designee, to
establish by a preponderancc of the evidence tihat the do9 ' is a dangerous dog; . .
, ;(f) Any dog: declarzd dangerous under ttus 'section or any comparable section by a duly
authorized governmental animal control authority shall be 'immediaL•ely impounded :until the, owner
reg'isters the dog as dangerous in accoTdance with section 5.04.035. The dog will be eutbanized at the
direcfiion o£ the Director or his/her designee unless the owner.or keeper within, fifteen (15) days from
the date the dog was declared dangerous registers the dog or appeaJs the determination. If the owner
. ~ appeals.the; dangerous dog: de. . claration the dog must be registered provisional.ly puisuant tosection
5.04.035 ~or if will be held af the shelter at tl.1e owner's expense pending,thc.results of the appeal. ,
,(2) If the 'owner or keeper, of the dog requests an aciministrative appeal he.aring as pro~ided in
secdon 5.04.032(1)(d)' of this section the hearing shall be held before thc Boazd of Spokane County
Commissioners or its designee(s). The administrative appeal Iiearing sha11 be held, withiu iwenty (20)
days aftei the receipt of tlie request for an administrative appeal hearing, unless it is cnntinued by the . .
Board or itv designee based uFon ashowing of good cause. The.Director, or his/her designee, shall
nbtify the owner or keeper of the date, time, and place for the adminisirative appeal Hearing. Thc
administrativc appeal hearing shall be open to the public. In those instazices where the Board's
designee acts as a hearing officer in conjanction with a dangerous dog adrYiinistzative appeal hearing,
the following procedures shall apply:
(a) All administratiye appeal hearings befpre fihc hereinabove designee shall. be recorcied;
all testimony shall be taken uader oatli and witncsses may be_subpoenaed by the designce;
' (b) Thehearing officer . shall render -a;n oral recommendation at ,the conclusion of the
. 'adininisfi~tive appeal hearing or witliin f ve (S) business, days. This time may be e~ctended at the
discretion of the hearing offcer. 'I'he oral recommendation• s6a11 be *reduced towritingand in
.
accordance with subsection (4) of this section sha11 include findings of £act and ~conclusions of law, and
shall be submitted to the Board of County Commissionecs of Spokarie County for action; a copy Will
be forwardeci to the owner or keeper and to the Director. Upon receipt by the Clerk of the Board of
- - County Commissionezs o£ the written recommendation of the hearing ofFicer, the ~Clerk shaIl place the
. matter on its next regular meeting,agenda fnr action.. The owner or keeper of the dog shall be advised
by the Clerk of the Board that the Board will take f.ornial action on the recommendation of the hearing
afficer at the tiuie, date'and place of the Board of Gounty Commissioners' next re gular meeting:; .
.(c) . At the time, date and place that, tlie Board of County Commissioncrs considers the
. written recommendation of tihe hearing officer no additiozial testimony or evidence Nvill ve considered.
The recvrd bekre the, Board o£ County Cammissioners will include the electronic recording. of the
hearing be£ore the hearing o~er; any vATitten documenCs, photographs, and other exubits submitted to
- tiie hearing officer for consideration at the time of the heaiing or after the hearing.if requested by the
hearing officer pursuant to subsection (2)(b) of this section, and the findings of fact, conclusions of law ,
and recommendation of the hearing officcr. T'he Board of County CommissionErs may ask questions of
the hearing officer for purpose-s of clarification; and SCC 5.04 6 . Effective 1-1-08
(d) 'Fhe ` Boara of County Commissioners may accept, reject, ar modi fy #Yie
_1j
reco=endafion of th e hearing vffi cer. The BoaFd sha11 rendeT i#s decision jzt w.~itiz~~.
(3) _At the 'concl~asion af ~e admio.istrative appeal, hearing'as provfded in'subsection (2) of this sbetion, the hesririg o~Ecer shall have rhe authority to make awiritbem'recommendatton to_ eitheF
a~`Lrm, reverse or modify thc declaration by lhe D irecbor, or hiA er clesignee, that rhe dog is dangcrous.
I£th e cDcommendation is to modi~y tF~e declarati o~,, the he~~ring of~cer r~a~+ make .~indin~ that tbe
dog is ~potent~ally dangeraus. If't.he: hearirig officer a,ffums t$e declaratian and fibcls` that the dog is
dangerous, - then the requiremenfs wider 5.04.035 shs11 be iriiposed upon dx~ pwner or keepes of the
dangerous dog as a conditian of continued ownership ar keeping o#` the anunaI.
_ If the hearing c~~'iuer modifi es the daclaration and finds that the dog is pateTxtially_ clangerous,
- then t.he hearing offt`cer iua} recomiveh'd'tIxafreasona6Ie c~onditions be imposed upon the' owner or
ke,eper as arondition af cantinued ownership ar k~eping of Ehe ani.mal, Reasoziable r.vnclitioils may
inclucle but.are no# limited ta the fo1lovvi"rtg:
(a) E rection of new or additional #'encing to keep the dog wi#.b-ffi- the.co~f~e~o~the oVvnex's or
k~epeir's property., ConstructioR of arun consistent witli the, size, of trie dog'avithin ~vhioh the dog rnust be
(c) Reeging the dog on a teasb adequale to control the dag or securely fasteped tiv a sQcwre
object when Ieft udattended; " - . •
(d) Keeping the dog indoors at a1l ti.mes, excep# When on $ lea.sh adequaie to contraI the- dv-
. . and ~ndefi tfie actual phy ~J cal c6ixol v#'the owner or keq;per or a competent persan at Ieast 15 }rears of
age; - ,
(e) Kecping the dog muzzled in a rnani7er fi]xat 'vvill not cause injuu-~ fo the dag cir interfere wifh
i
its visian oT respiration but sball pxevez,t it £rom biting anp peFSOn-or animal when outside a prapfz
I~
enclosure;
~ (D - Spaya,nalneutering of the dog; and ` - . (g) Microchip implanting the dog for identification purp oses.
Thc hcari.ng officer(s) rnay, irt his or her recommendati.ou, detierrnine ta the Direcfdr or hislher
desipee is the authority to establish th e agpropriate req.irer~en6 from the'piecediqg list ar to refine
_ and claz-ify U a#`Ox'eFneutiaried.ie.quu.'eme6ts 6 effbci'uate Chc Ptu'poses ofthl5 oml.aance.
, (4~ Th(-,o~vner ar ~Ceeper. of the dog shall be nati~ed..in wz~iting by ~e i~earin~ o~cer(s) within
(15) ~ay's,'of`the adniinis~ative appeal' hearing of hisffier zecornmendation uviess t1'iis titm:
eriod has beeift- exterided'pur.suani to svbsection (2)(b~ of #his s'ection. 1ri no ev,erit sNall `tbN ti.me
~eri6d be extenc~ecl beyond thirty (30) crta~+s ~orn the date ofthe conclusion of #.headnun.istrative app~al
~ hearing unless good ~ause is shovkrn. If file hea6ig offter(s) issues a finding of dangeroiis dog that is
upheld by the Board ofCaunty Commissioncrs, the awnez or keeper af the do- ni ay appeal the )3oard's
• c2ecision as Mvided bei ow. I#' the v" er 6T keeper does not ti.meIy appeal the Eoard's decision, he or ghe riust either register fhe dog as a dangeratis dog in accordance with section 5.04.035 or the dog
shOl be confisi~,ated as ptovi&d 'ux k CW 16.0$,100( 1)_ .
(5) An. appeal of an order affirnung: tlxe hearing officer(s) recommendation may be rnade in tFre
man.uer provided under the , gimeFaZ Iaws o.€ tb.e ' sfatie: Zn 't~e `eve.rit- tb.e 'tiearirig-'Offirer(s)
. recommendarion is af~"irEnecl on _appeaI artd no f.rrther appeal is maAe, the owmer or keepcr of tha dog -
mxrst'registeriYie dog a~a dangerous dog tn accordance witli section 5.04,035 withsn fi{iteen {15} days
of notification of tke decisian_ or the dog wi1.2 be 6di.au-dzed at the directiaai of th-e Director, or hisl}ier
(6) Afinding that a dog is not a dangerous dog shall not prevertt the Dxrector, ox bisfhei .
_ . ' designee, ftm seekingto have the dog declared'a dan,gerous dog-as the result of any subsequent actian
by the dog. ' . ' . .
SCC 5.04 7 E&ctFVe 1y1108
('n Tn the event the Director, ar his/her designee, has sufFicient infozmation to determine a
dog is dangerous and may pose a threat of serious harm to human beings or animals, the Director, or t ;
his/her designee, shall seize and 'unpound the dog pending notice, hearings, appeals and other
determinations hereunder. The owner or keeper of the dog shall be liable to SCRAPS for the costs and
expenses of keeping such dog, unless a fndin~ is made tliat the dog is neither a dangerous dog nor a
. potentially dangerous dog., - . . . ' '
(8)' A.n o"mer or keeper of a dangerous dog who violatcs any conditions imposed under tliis
section shall lie guilty"of a gross IIiisdemeanor. An-owner or keeper of 'a potentially dangerous dog who
violates any conditions imposed under this section shall be guilty of a misdemeanoi.
. . , .
- 5:04.033 Determination of Potentialiy Pangerous Dag--n'otice, Administrative Review, and
AppeaL • , . .
(1) V~hen '~e'Director, oi'his/her designee, has sufficient infonnation to determine that a dog is a potentially dangerous dog as defined in section 5.04.020(17), a notice cither in person or by
rcgular mail, shall be provided to the owner or keeper of the dog. Zlie notice shall contain the
. . . following information: (a) That the person receivirig the notice is the owner or keeper of a potentially dangerous
dog a.s defned in section 5.04.020(17); .
(b) The breed, color, sex, and license number (i.f known) of said dog; ,
. (e) The facts upon which the determi.nation of potentiallyda,ngezous dog Iis baseci;
, . (d) That if there are fubure siniilar uicidents with'the' dog, thc, ilog could be declared a
dangerous' dog pursuant to, section 5.04.032, andj required'to be rcgistered as provided in section
5.04.035; . (e) fih'at tiie ovvncr or keeper must comply Nvith zestrictions set forth in the notice as a -
condition of contiriued ownership or keeping of t1i'e dog and that restrictions may includc but are not .
limited to those which may be imposed on the owner of keeper of a potentially dangcrous dog pursuant
' . to secdon 5.04.032(3); '
(f) lbat the notice constitutes a fmal determinabon that the dog is a potentially dangerous
dog, unless the owner or keeper of the dog requests an admiuistrative reyiew meeting in writing on a
. •form provided,with* thc notice'within fifteen (15) days of the receipt of the notice. For purposes of this
section, if the notice is mailed,.it- shall be deemed ceceived on the third day after the notice is placed in
. the mail; and ' ~ - . . .
(g) That pursuant to 5.04.033(3), a failu're by the dog owner 'or keeper to request and attend
an adininistrative review uieeting with the` animal control dircctor or designee shall constitute a failure
' to exhaust all administrative retnedies, and that such failure to exhaust all administrative remedies shall '
preclude any appeal o£ the administrative"determination to the Board'of Counry Commissioners or ,
Court.
(2) In the event the owner or keeper of a dog requests ati administrative review meeting as
provided in subsection (1)(fl of this subsection, the administrative review me~ting shall be held witfvn
' thitty (30) days o£ the receipt of the request. 'Z`he meeting daze may be continued upon a showing of
good cause. ,The Director or his/her desigriee shall notify the owner or keeper of the date, time and
: place of the administrati~e review meeting, as'well as the rigbt to pr6.sent eviderice as to why the dog
should not be found potentially dangerous. The administrat.ive review meeting shall be held before the .
Director or his/her.designe'e. Administrative review meeti.ngs shall be informal,,open to the public;
and, at the option of the Director, or hislher designee, may bs lield telephonically.
(3) Following an administi-ative re'view meeting, the Director or hislher designee may
affirm or reverse the initial deterntination that a dog is potentially clangerous. If a deterniination tYiat a
dog is potentially dangerous is uplield, the Director or his/her designec may impose the saine
- SCC 5.04 8 ~ffective 1-1-08
~
reasonable conditions as may be imposed on the owner or keeper of a potentiaIly dangerous dog
pursuant to section 5.04.032(3). (4) The Director or hisJher desipee shall notify, in vMti:ng, the owner or keeper of the dog
. of his/her decisiori wittun ten (10) days of the admiuisfrative review meeting. The decision of the
. T7irector or his/her designee may be appealed in the sanie manner as provided in section 5.04.032.
(5) The decision of the Director or hisltier designee is fmal un]ess appealed.
(6) An m%mer or keeper of a potentially dangerous dog who violates any of the conditions
imposed under this secfion shall be guilty of a m.isdemeanor. ' 5.04.035 F2egistrationof Dangerous Dogs-Reqviremeats--Annual Fee.
.(1) 1he owr.ier or keeper of a darigerous dog -must obtain a certificate 'of registration f.or
such an'imal from SCRAPS witlun fifteen (15) days of declaration of dangerous dog or if appealed
within fifteen (15) days of the appeal decision as provided i.n section 5.04.032. rTo dangerous d'og shall
bc returned by SCRAPS toanyoneprior to the issuance of a''certificate of registration under this
section. The certificate of registcation Aall be issued only i_f the owner or kceper of thie dangerous dog ' present.s sutficient proof of the following: - I . .
(a) A proper enelosure,'app'roved tiy S&APS, to confne a dangerous dog and pnsting of
the pr'emises-witti a cleazly visible sign'that there is'a dangeious dog on the pro~perty. In addition, the
owner shall'6onspi6u8usly display a s'igi witli a warning symliol that infortns children of the presence
of a dangerous dog; • , _ '
(b) 'A microchipimpla.nt injected for identifications purposes'pursuant to 5.04.036;
' (c) 'A rnuzzle'aiid 1casH, approved by SCRAPS as'to strcngth and fit, for the dangerous dog;
• •(d) A surety bond issued by a surety insuier qualified under chapter-48.28 RCW in a form
acceptable to the SCRAPS in the suin of at least two hundreci fifly thousanci dollars '($250,000.00)
wHich provides For prior written notification to SCRAPS of cancellation or material change, payable to
any person for personal injuries or property damage caused by the dangerous dog `regardless of
whether the personal injury or properiy damage accurs on or off the oRmer or keeper's premises; or
A policy of l.ia6ility insisance, such as homeowner's insurance, issued by an insurez qualified
under RCW Title 48 in the amount of at least two hundred fifly thousand dollars ($250,000) with a .
maximum five hundred dollar ($500.00) deductible and which provides for prior vvritten notitication ro 'SCRAPS of cancellation or inatc'rial change, iusuring the owner or keeper for any persorial injuries and
properfy daznage iLi.flictedby the dangerous dog regardless of wtiether thc personal injury or properry
damagc occurs on or off the owner or keeper's premises; and °ThE o«rner or keeper of a dangerous dog shall fumish to SCRAPS a complete copy of the
surefiy bond or cErtificate of insurance specified in this subsection and shall'allow the County a
reasonable time to revievv'the bond or policy to determine'whetlier the surety bond or certificate o£
,insurance is suffcient, prior to issuing ttie certificate of registration; (e) The dangerous dog must be spayed/neutered at thc owner's expense to complete the registration. Any impounded dangerous dogs will be transported by SCRAPS to a veterinarian for
.spaying/neutering as part of the registration process; and
((fl In addition to t6e regular dog licensing fees set forth i.n sectiori .55.04.030, the owner or
keeper of a dar~gerous dog shall pay, aii annual registration" fee%in, the amount of one hundred dollars
($100.00). The regisiration'will be valid for tw~elve (12) montlis. . , ' . (2) Notwithstanding the zequireme-nts set forth-in subsection (1) o£this section, thc Direetor
, may issue a Provisional regisiration certificate where: (a)'tiie dangerous dog declaration has Ueen
appealed; provided all conditions of this sectiori have been met with the eaception of 'subsection (1)(e)
. requiring spay/neufier; or (6) the owner is relocating the dangerous dog outsidc of S~okane Coutity and
all conditions of this section have been met Nvith the eaception of subsection (1)(c) requiring a surety
bond or insurance policy. Any provisional permit issued pursuant to (2)(a) of this subsection shall
SCC 5.04 ' 9 Effective 1-1-08
expire,fifteen (15) days following the appeal decision as provided in section 5.04.032; any provisional--
permit issued pursuant to (2)(b) of this subsection shall be valid for the sole purpase of immediate
tra,asport and relocation of the dog from.the shelter to a location outside Spokane County.
. (3) This section shall not apply to police dogs as defined in RCW 4.24.410.
(4) The owner or keeper• of a dog declared a dangerous dog must notify SCRAPS i.n writing
if the dog is deceased, is to be relocated or if there is a'change in ownership. In the event of a change
of oRmers .h.ip andlor relocation of the darigerous dog, the owner or keepcr must provide SCRAP S with
written notice ten (10) days in advance of any cliange that includes the complete address and phone .
number of the new owner or keeper prior to the change of ownership andlor relocation of the
dangerous dog. The owmer or keeper of the dangerous dog must also. notify any subsequent owner or
keeper of th e dog's dcsigiiation as 'a dangerous dog. If change of ownerstiip and/or relocation o£ a
dangerous dog is within Spokane County, all conditions imposed undez rhis section shall be in place
, f.or the new owner and at the new location prior to such chanb~. .
;(5) Dogs deemed dangerous by nther jurisdictions in the State of Washingron will be
subject to the same regulations 'as if they have been deemed dan ;erous in Spokane County. Any owner
or keeper of a dog deemed dangerous by jurisdictioas oufside of the State of Washington relocating to
Spokane County, WA, shall present the dog to SCZtAPS Nvithin 30 days of their arrival in Spokane
County 'to, bc evaluated by the Director or his/her designee. on an individual basis to detemiinc whether
thcy mieet the, requirements of a daneerous_dog, taking into. account the criteria established6y section
. . . aTn . .
5.04.020(8). l7ogs meeting tlse requirements of a dangerous dog under this subsection must be
registere:d as such, and aze subject to all other zesirictions imposed under this section. (6) An owner or, keeper of a dog_ previously deemed dangerous by SCRAPS or Spokane
Counry aad subsequently. . relocated• outside Spokane County, must rcgister the dog pursuant -to
subsection (1) of tfiis section prior to bringing the da,ngerous dog into Spokane County; such dogs are
probibited from re-enteririg Spokane County without prior R7itiett consent &om SCRAPS and/or full '
re-registration. •
(7) Dangerous dog registration must be renewed every fiwelve (12) months. A re-inspecdon
of the facility is reqw,reci prior to renewal. The owner or keeper shall also provide* SCRAPS proof of
surety bond or proper insurance certificate as specified in subsection (1)- of this section prior to re-
registration. , . - - . ' (8) An owner or kceper of a.dog dcclared a dangerous dog shall be responsible for meeting
and maintaining'the requirements set forth in ttvs section at all times. A violation of conditions
imposed under this section is a gross misdemcanor. - , ~5.04.036 Dangerous dogs--Ydentification. . '
The owner or keeper of a dog determined to be dangerous, pursuant to section 5.04.032 or
section 5.04.035(5), shall have the dog identified by a microchip implant. ThE microchip implant shall
be injected in accordance with policy establishecl by SCRAl'S. A fee of twenty-five dollars ($25.00)
for the cost of microchipping shall be charged to the owner or keeper of a dangerous doo. •
' S.04.040 Unlawful Use of x,icensc Tfigs
. .(1) . Tt,is un,lawful for any owne'r, to. use any license tag on any dog or cat othEr than the one
£or which it was issued. 7f fliereis a change of ownership of a licensed dog or cat, the new owner must
apply for and obtain a new license as required in this chapter. ,
,.(2) It is unlawful for any.person to use ~iie license tag for an unlawful purpose or to conceal
the ownership of the dog or cat or remove the license tag provided for in this chapter from any dog or
cat, with the intent to deprive the owner or kceper thereof.
(3) A wi.llful violation of this section is a misdemeanor.
SCC 5.04 10 Effective 1-1-08
5.04.042 Commercial Kennels
(1) Cornmercial kennels Iocated in Spokane County shall be licensed as zequired by this
section. Commercial kerinel licenses shall be for a twelve-month (12) period and shall be renewed on
or before the axpi.ration of the tweIve-month (12) period: The fec for a commercial kennel license is one huniired-fifiy dollars 150.00), payable to SCRFIPS. E1n additional fee of twent}-five dollars
($25.00) shall be assessed and payable if tlie license is not timely renewed; and, all rcnewal'rights to
ezistuig license cease to exrist 90 days after renewaldare and continued operation of the kennel*sh`all be
deemed operation of an illegal kennel. SCRA.PS shall mail a notice of renewal of license not le.ss than
thir[y(30) days'piior to the.expiration of said'license. Individual, licenses are not reqiur~d for any
aoimals legally maintai.tied,within a couimercial kennel.' ..'(2) t•lpplicafions for- coinm'ercial kennel licenses sha11. be made ta SCRt115S. Each application'shallbe in writing, and signed and sworn to by tfie applicant. The application shall contain
the following information: • . ' ' _ ' ,
(a) The nanie, home address, and telePhone number of the applicant;
•(b) The business name, business address, arid telephone numbez of the proposed
cominercial kennel. : ' • '
(c) A diagram to scale or approacirnately to scale showing tlie property'and'sfiicfiires for
wvhich t6e license ig sought; . ' (d) - A diagrarii of the kennef facility; (e)~ A descriptiori of the ptemises wfiere tlie kennel will'bc'operated, as well as a desctiption
of`the rriagnit~de and'nature of the proposed busirie'ss; and r'1written statement from Lhe Spokane County Building A.nd Plan.ning 17ivisicin tFiat the
contefnplated business couiplies with applicabl'e zoning laws.' '
~ (3) . SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license,
upon findiag after investigation or hearing as if cieems necessary that:
(a) The license fee has not been paid; _ (b) The application does not sati'sfy ttie requiremOnts of subsecdon (2);
(c) Upon the inspection by the Director or hisJher designee, the busuiess does not meet ttie
standards for a commercial kennel set forth in subsection (5); '
~(d) Such license was issued illegally, or by mistake 'ar inacivertence, 'or was- prbctiired by
' fraud, misrepreseu'tation, false or mislead.ing state.ments, evasions -br, suppriession of materiaffacts, or
' that aiiy of the material'facts,containeci in tYie applicatiori arc false;
' (e) The'Licensee, or any agent of the licsnsee, in conriection with the Operation''of "the
commercial ke'nnel, has, Nvitilin a two=year period: '-(i) T3een fou.nd guilty or cominitted of a violation of any provisions of this chapter,
chapter 5.12 of the Spokane County Code, or chapters 16.08, 16.52, or 16.54 RCW; or (ii) Been found to have engage'ci 'in any'otlier misconduct, or improper,laudulent,
or wrongful behavior relating to the operation o£a commercial kennel•, -
(iii)' Violated any of the standa.ids imposed for operafion of a commercial kennel by
' subscction (5) of this`scction. ' , ' • ' ' (f)` ' Any servant, agent, 'employee, or rF;presentative of tlic commercial'kennel'las been
guilty of any actor omissionwhile'on the premuses of tlie commercial kennel; where. said act
constitutes a criminal violation of this cbapter, or cliaptei 5.12 of the'Spokane County Code or chapters
. 16.08, 16.52, oz 16:54 RCW; 'or }ias been to have engaged in any, misconduct 'oT improp'er,` fraudulent
or wrongfiil hehavior relating to the operation of the_commercial kennel* if:' (i) the circumstances sizrrol,ui,ding any of the foregoirig acts or ouussions ar-e such as
to establish that such act was knouiingly 'alloNved by -any person sharing in pmfits of said
business, or, if a corporation, aiiy officer or director thereof, or of any person aating as a
proprietor, rnanager, or person in charge of such business; or
. SCC 5.04 1~ Effective 1-1-08
(u) in any event,. if two (2) or more such acts or onvssions have occurred on the
-premises wi~in a two-year period.
'(g) Failure to observe any of the standazcis set forth in subsection (5) of this scction. (4) . Aziy applicant who has duly made application for a new commercial keanel 'or renewal
of an existing. license under the provisions of fihis secti.on and, has been denied such licEnse, or any
person holding a license. which is revoked or suspended under the provisions of this section; may file a
petition with.the Cleik of the Board o£ -County Commissioners for a admivistTative aQpeal, hearing
proyided t6at such petition must.be filed within~fiitesn (15) days following notification of such denial, .
reyocation or suspension. If the applicant's petition,is. on a current legally issued license, such denial,
revocation' or suspension sball be stayed upon tlie filing of such'petition for admuiistrative appeal with
. the Clerk of the Board pending final detenniriation of the Board of County Commissioners as herein
proyided. rn the event such petition..is filcd, the.Board of County Comuussioners may elect,to use
designee(s) as a hearing officer;7'in any event, a date, no less than tcn (10) days following the mailing
of notice thereof sball be set for a administrative appeal.he,aring, of which all intezested parties shall be
notified. All eviiience bearing on the questiops` of whether such dcnial, revocation or suspension is
proper under tlie provisions of this secrion may be received at that adminis'trative appeal hearing
t County
conducted by the Board, of County Commissioners or its desig~pee(s). If ~ie'Board -of
. .
Comznissioners shall 'deterini.ne upon such administrative appeal hearing that:such, denial, suspension
or revocation is not proper under the provisions bf this chapter, they sball notify SCRAPS, wtiich sball
cause . the license to be, issued or reinstated forthwitli. if the. Board o£ County Commissioners
determiries iipon such adininistrative appealhearing that such license should be denied,;:suspended'or
revoked undec the provisions of this section, ttiey shall issue such order in writing. An appeal of such
an ordermaybe made in the superior couztof Spokane Counry in the, manner provided under the
; general laws of the state of Washiiigton. In. those instancss wliere 'the Board- of County
` Comrnissioners' dcsignee acts as a hearing of£'icer in ~conjuiction with this section, the following
procedures sha11 apply: , (a) A11 hearings before the hereinabove designee shall be recorded; all testimony shall be
taken under oath and witnesses may be subpoenaed by,the designee;
(b) The hearing officer shall render an oral recommendation at the conclusion of the
. hearing or w;thin fiv,e (5) business days. This time may tie extended at the discretion of the hearing
officer: The oral reeomxnendation shall~ be reduced fo writing and' shall incIude fmdings of fact and
_
conclusions of law, and shall be submifited to t}ie, Board of County Commissioners of Spokane County
_ for,~action; a copy will be forwazded to.the applicant and the Director. Upon receipt tiy the Clerk'of the
Boazd of Counry Commissioner§ of ttie written recoiimmendatiori of the hcaring officer, the Clerk shall
place the.matter on its ne~rt regular meeting agenda for action. The applicant shall be advisedby the
Clerk 4 thc Board that the Board will take fortnal action on the recommendation of the hearing officer
at the time, date and plar,e of the Board of County Commissionezs' next regular meeting; '
(c) ' At the drne, date and place thaf the }3oard of_ County Commissioners considers the
written recommendaLion of the hearin9 . officer no additional testimony or evidence will be considezed.
The recoid before the Boarci"of County Commissioners will include the. elecfronic recording of the
h.earing before the hearing offcer, any written documents submitted to the , hearing officer for
consideration at tlie time ofthe hearing or,aftei the hearing if zequcsteci by the hearing officer and the
findings :of fact conclusions,o£.law and recommendation of the, hearing oificer. 'Z'he Board of-County.
Commissioners rnay ask questions of the heazing off,cer for purposes of clarification; and
(c) The Board of County. Commissioners may accept,. reject, or modi.fy the
recbmmendation of the hearing of6cer. The.Board shall render its decision in writynb.
. (5) . The followina operation standards shall be observed 'ui connection with a commercial,
kenziel:
. SCC 5.04 12 Effectivc 1-1-08
. ,
{a} A] 1 aaiznals nzust have arr adequat,. supply of dairildng wafu, sani#ary sleepia- qua-Tters,
adequate shelt!r, medical a#eutiou, groorning aztd exercise areas appropriate to their size, breed
characteristics and climate; . . .
~ (b) 'A[l $rximals sball be suppJied witb ~cient good and whole~me food 'as often as the
#'6eding habits o#' #he respective atiimals re,quire, but not less than, in the case d puppias or ki#ens
ugder four. montbs of age, diree ti.mes every hvenfy-four hours; and.iu the case of adttits, once every .
tw eihty-fvW'bours-; . . .
(c) Food shal1 be stored in a fasllion whiclx preven#s contaniination , or infestatiori; - ,
~ (d) The Faci Iit€es. sh-all be maintaiiied and operatied in ahealthf-ul, sanitary man.mer, €ree ~I
~ frorix disease, infestation and foui o6or°s;
- (e) ,41I a6roals and animal buiIdings or enclosures:shalf be maiiitained. in'a cleaix and
sazxiury condition. I-fousing faci-Ukes shall be structuzally sound and shaIl be maintained in good
v,pair, to prot,,ct the aninials fiorninjury, #o oor~tt~fri the ariirnals, atxd fo re.~z'ict the entry O~` other
an.imals. AU reasonablc procautians shall be talceh to protect tUe public Vbm the. animaIs and the
anirr~al's fr~zx~ the ~ublic. ' . . -
(f) Sick ani.inals sha1I be isoiated: frorfi healthy ones in quar~ezs.a.~equately veuti iated to
prevent conta~n.ination oifhealffiy'aoipaa~s; " . , . . , .
Animais shall be i=- uiiiaed from disease as "is usLial and cusk&mary for #he animals" age
' 'and -species. - . . ,
(b) Al1 aaimal zaoms, cages, shxppxng contaxners, and rarts shall lie of sufiEici(~rxt si'n to
provi& adequate and proper accoinmodatian's and 'protectian from the weather for tF,e anima2s kept
~ tlierein. -If iridividual nEns are utilized, fhe sur~Face shali be ce~ment„ a aVeI,, or °'shavings. At a ,
' zWxiznuM, suf~`iaiemt space must be provided for every animal in an enclosure-to separately and
~ togc#her, :stand up, lie'dovvn, and'turn araund in`a naiaural position. .
(i) AIl anlinals s}xall be maintdned so as to coxuply With sectian 5_64.070(7). .
(6) - iVa comrnercial keniiel license, or any renevval thereof, may be issued until the cwneX or
aperatar thereof allows the Director or ldsllier designee to inspect the premtses of the l i cense applicaut-
S uch inspeetions shall be rnade during regular business houFS. The purpose of such inspection shall be
td deteztzine 'vf the caflomercial kenneI does' or cazi rn.eet the aarrda'rds set forth m subsection (5). The
Dir"cdar, or hislher designec, may inspcct theprc~mises at an~+ time to iQSUre c.~mptiazlce wit}~ #he _ provisions gf this ordinance.
_ (7)' Any person ow=g. or PXercisj~kg control of'an uz1licensecl comm=ial kenneI,is.guilty
of axriisdexrc~anor. , - . . . .
5.04.043 Privafe.iCennels . .
.(1) Private kenne] s located in Spolcane County sha1l be licensed as required by this section. -
Privake kennel licenses shall ~e for a tw~,lve (1 2)'Tnonth period and shsll be renewedon ar be#'oi~a tli e
expiration of the twetve (12) montlx period. Th~ fec for a private kennel ficense is onewh.undred dollars .
~$106:00), Papable.to S CRAPS. An additional fee of.twemty-fve dallars ($2 5-.100) shah be assessed
and payable if tbe ]icense is not finiely renewed; aiid, all renewal rights to eicisl:,ing.license cease to
---exis~ 90 da~saf~er rene~af date and continUed ape~a~ion of the kenneI Lall ~e id eerned o}~eratiazl af an
illega[•kennel. SCR4PS sha[1 maiI a zrotice o£reziewal af iiceDse ihot 1e5's th "an thiriy (3b) 4a~sprior to t2,e= e~cpiratiarr o#' said. ticense. In6vidtial'--licenses are not required for any-animals iegafl~ maintained
within a private kennel.
(2) A~pIications for privat-e kenneI iicense~ sb$Il- be made to 5CRA?S., Each_ application
sYiaIl be in writiug,, and signedaad sworn to by #be applicant, '.I'he application s'hall co~fain the
~ ' . falIo*ingxffarrn$i~&: • . . ' .
(a) `I'fie fiarne, home addre3s, and telephone nufiber of'the applicant;
~ - ' SCC-5.04 - - 13 Effective 1-1-08
(b) A diagram to scale or approximately to scale showing the property and structures for ,vhich the license is sought; ' ,
. (c) A diagram of the kennel facility; .
(d) A description of the pzemises where the kennel will be operated, as well as a description
of the magnitude and nature of the pro'osed private kennel, includirig the numver and breecl of dogs or
cats to be housed there; . (e) ' A description of the uscs to which the properties surrounding'the proposed private
kennel are devoted;
. (fl A written statement from the Spokane.Gflunty Division of Building and 1'lan.ning that
the pzoposed private kennel complies with applicable zoning laws. . .
(3) SC.RAPS may refuse, issuancc or renewal of a liceuse, or reyoke or suspend said license,
upon fmding aifieiinvestigation or ficaring it deems necessary that:
(a) Tlie license fee has not been paid; ' - `(b) .'Z`he application does not, satisfy the requirements of subscction (2); .
(c) 'Such license was issued illegally, or tiy mistake or inadvertence, or was procured by
fraud, misrepresenta.tion, false or_ misleading state~nents, evasions or suppression of material facts, or '
~ that ~any of the material facts contauied'in the applicationare false;
- (d) Opcration ofthe kennel constitutes a public.nuisancc; : . (e) - ltie lic;ensee, or any agent bf tlie licensee, in connection witli the operation of the
pzivate kennel,.has, within a two-year psriod: . . (i); Been found guilty or conimitted of a violation of any of the provisions of this
'chapter, chapter 5,12 of the County Code, or chapters 16.08, A6.52, or 16.54 Revised Code of
' Washington;
(ii) Violated any of the standards imposed for op~ration of private kennels by -
subsection (4) hereof; or . , . .
(iii) ' Kept more than the nurnher of dogs or cats allowed by subsection (5) hercof.
(4) T'he following operation standards shall be observeci in 'connection with a private
kenriel:
(a) . The animals 'must have an adequate supply of dri.nking water, sanitary sleegi.ng quarters,
and adequatc shelter, medical attention, groomirig and exercise areas appropriate to their size, breed
characteiisticsand climate; , .
.(b). . All animals sUall be supplied with suffcient good and wholesome food as often as the
feeding liabits'of tlic respective . anunals require, but not less than, in the case of puppies or lcittens
- under four monflis of agc, thr.ee times every hvenry-four (24) hours; a.nd in the case of adults, once
every twenty-four (24) hours. . . . .
(c) All animals and animal buildings or enclosures shall be maintained in a elean and
sanitary condition. ' Housing f.acilities shall be sh-ucturally sound and shall be maintained in good
_ repair, to protect the anunals from injury, to contain the animals, and to restrict the cntry of otller
'animals. All reasonable precautions shall be taken,to protect flie public from the animals and the
animals froin the public; . . . • (d) ..Sick animals shall be isolated from healthy ones in quarters adequately ventilated to ~ • prevent. contamiziation of healthy animals; . , ; •
. ~(e) Animals shal] be immunized from disease as is usua} and. customary for -the animals'
age aud species;
(f) Allanixnal rooms, cages, shipping containers, and runs shall be of sufficient size to
provide adequate and proper accommodations and'protection fxom the weather for the animals kept .
therein. If individual runs are utilized, the surface sball be cement, gravel, or shavings. At a
minimum, sufficient space inust be , provideti, for every animal i.n an enclosure to separately and , f
togetiaer, stand up, lie down, and fuzn around in a na{ural position; and
SCC 5.04 14 Effective 1-1-08
~ (g) All animals sball be maintained so as to comply with section 5.04.070(7):
(5) No private kcnnel shall have more than eight (8) dogs and/or fen (10) cats over six
rrionths of age without the consent of SCR.APS.
(6) No private kennel license; or any reneK=al thereof may be issued until ttie oNvner or
. . operator al.lows, the Director, or 1us/her designee, to inspect the premiscs of the license applicant at a
. mutually convenient time. The purpose of such inspection sha11 be to deterini.ne if the privaxe kennel
. docs or can meet the standards set forth iri subsection (4). Any license or renewal thereof shall be
conditioned an the owner/operatoe allowing.the Director or his/her designee to inspect the premises at
any timc to insure compliance with the provisions of this ordinance.
(7) Any person owning or exercising control of an unlicensed private kennel is guiIty of a
misdemeaiior. :
5.04.044 Prohibited Sales'- Rulesand Regulations. '
- (1) N~o person shall display, sell, deliver, offer for *sale, barter, auction, give away, dispose,
or advertise the availability of an ani.mal ugon any public property or upon private property oFen
to the public.. , (2) For purposes of this section, public property shall include but not be limited to any
County-owned real property, air space, or other interest in real estate, including srtreets, roads,
. alleys or other public ri~t-of ways, owned by or conc'rolled•by Spokane County or-any
` govemmentafentity within the unincorporafed'areas or incoiporated areas under contract that
: have adopted this chapter.
(3) For purposes of this section, "privatc propcrty open to the public" shall include but not
be lirnited to any parking lot, sidewalk, and empty lot. '
(4) This section shall not apply to the sale of an animal ttiat occws:
(a) On private property not open to the public•,
(b) At legally perni.itted I'et Shops and Ken,nels; (c) At or'through any humane society, animal welfare society, society for the
prevention of cruelry to animals or other nonprofit organizafion devoted to the
. welfaze, protection, and humane fieatment of animals and approved b.y the Director. (5) Nathing in this section shall parmit the sale or harboring of an inherently dangerous
ariiinal within the County prohibited pursuant to =5CC.5.12. . , , . - . .
5.04.045 Designated Off-Leash Area(s) - Rules and Regulations.
Except as expressly allowed in this section, it shall be unlawfi.il for any person to allow or
• perr'riit their dog to ran at large.. . ~
. (1) ]7ogs may 6e allowed to run at large only in the following designated off leash ai-eas: .(a)' Designated' off-leash -area with,in Gateway Park, located off Interstate' 90 in
~ , - Spokane County adjacenY to the Tdahol'tiVashington border;
SCC 5.04 15 Effective 1-1-08
(2) An area designated as off-leash area in subsection (1) herein, is govemed by the
. following rules and regulations: ~
_ (a) A.ny person bringing a dog into the off-leash area remains liable for damage or
. injury inflicted by the dog and is subject to all applicable 'GVashington Stdte and
Spokane County laws regulating dogs.' .
' (b)-Any dog 'deemed potentially dangerous or dangerous by any recognized animal
' control authority is noE a11oK~ed in an off-leasli area. ' (c) A.ny p'rson bririging a dog into aa off-leash area must maintain control. of tfie dog(s)`
at all times. (d) No handler is allowed to have more than three (3) dogs in a.n off-leash area at any
one tiine. A handler must attend his/her dog within an off-leash area at all times.
(e) a.ny dog exhibiting dangerous or aggressive behavior, including but."not limited to
biting and fighting is proIubited fmm an off-leash area.
(fl A female dog in heat is not allowcd in'an off-leash'area. '
(g) Any person bringing a dog to an off leash area must leash the dog when it is outside
the off-leash area; and, must cazry a leash for each -dog while inside the off leash area. - (h) Pincti and choke collars are not allowed when a dog is off leash in ttie off leash
. . area_ . . , . _ . _ . . . . ' . . . . ,
, (i) A dog,inust be vaccinated. ' . ; .
(j) Any person bringT.bg a dog intio an off-leash area must clean up feccs after the do~
dega'sit feces in the coritainers at tfie of.f leash 'site, 'and Visibly carry equipment for . ' removing feces. ~ (k),A.ny children less than 16 years of age in the off-leash area must be accompanied by - a parent or guardian. , - .
(1) No glass containers or alcohol allowed in an off leash area. - ~
(m)Bicycles, skateboards, and other wheeled items are prohibiteti inside an off-leash
. area. , .
5.04.050 Eaforcement Power .
(1) The ]airector or his(herdesignee are authoiized to takc such la-vvful action as may be
required to enforce the provisions of this chapter and chapter, 5.12 of the Spokane County Code and
chapters 16.08, 16.52 and 16.54 of the Revised Code of `Vashington. -
(2) The Director or tuslher desigaee, unless authorized by the owner or pprson entided to
possession thereof, shall not enter private, dwellings which arc* nof licensed as eith.er commercial or •
private kennels unless a proper warrant' has been issued'upon a showirig tliat the Dinctor or his/her
designee fias r~asonable=cause to believe that there is a violation of this chapter or chapter 512 of the
Spokane County Code or chapters 16.08, 16.52 or 16.54, Revised Code of V►rashington. The Director
or his/hcr desigaee, while pursuing any dog observed by the officer to be in violation o£ttiis chapter, or
during investigation for unlicerised dogs, may enter upon any public or private property, except any
private dwellings which are not licensed as either commercial or Private kennels, for the purpose of abating the dog violation being investigated: " (3) No person shall deny, prevent, obstruct ar attempt to deny, prevent ar obstruct the
Director or h.isJher designee from pursuing any animal observed fo be in violafiion of this chapter or
chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52'o'r 16.54 of ttie Revised Code of .
. Washington. No person shall fail or neglect, after a proper warrant has been' presented, to properly
permit the Director or hislher designee to . enter private prpperiy or private dwelling homes to pcrform -.any duty imposed by this chapter or'chapter .5.12 of the Spakane County Code or chaptcrs 16.08, 16.52
or 16.54 o£the Revised Code of Washington. . SCC 5.04 16 Effcctive 1-1-08
5.04.060 Xmpoanding of dogs- -Notice of owner or keeper-Redemption-x+'ee
(1) The Director or hislber designee may impound any dog(s) doing any of the acts
prohibited by Spokane Couniy Code, or determ.ined to be in danger of being subjected to cruel
treatment as defined by this chapter and/or chapter 16.52 RCW or when the dog is found to be sick,
injured or dcad. , . '
(2) '1'he Director or hislher d'esig-nce upon impouriding-of a dog shall, record the breed,
color, and ses of tiie and whether or not is wearing 'a current license tag.If currently licensed, the
Director or hislher d'esignee shall also record tlie nanc and addrESS of the owner or keeper and the number of the license tag. If the dog is not returned to* its ownei'or keeeper; the Director or his/}ier
desigriee shall'notify,the o«ner or keeper'eitlier tiy mail or telephone or personal notice that the dog
lias been impounded and where it may tie redeemed. -Any cuTrently licensed 'dog impourided pursuant
to this cbapter shall be held fo'r the owner or keeper for at lEast one hii~idred twenty (120) hours from
. the timc of impoundmenf: A,ny iinlicensed dog shall-6e held for t6e ow-ner or keeper at least seventy-
ivvo (72) hours'from tlie time of impounciment. ' ' . . ' .
(3) .t1ny- dog not redeemed after. the expuation 'of` the holdirig'period 'as provided in
subsection (2) 'of tbis section may: bd-adopted out or liumanely euttiariize.d. All 'adoptions shall be
pursuant scction 5:04.064:' ' ' • .
. (4) 'NOtwithstanding. the holding pcriods referenced in sub-section (2) of this section; the
Director or hislher designee, iiiay, in - thc exercise of their,di'scretion and in ac6ardan6b with policy .
'established tIiy•SCRAPS, authorize any.'urilicensed 'impounded 'dog -be huinanely euthani'Ted' if it is deterinined tt~e aiLimal is:..a) feral arid/or 'dangerous to 'the safery'of liumans or 'otYier aiiiinals, or b)
' sixffcring &om serious injury ox disease. .
~ (5) Any doa impounded pursdant to this section may bc redeemEd, upon payment of all
redcmptiori fees as provided in section 5.04.110. In addition, any'unlicensed do~ must be licensed at
the time of redemption. ° '
. ' (6) tlny dog'running at _large during rabies quarantine sfiall be immediately impounded by
. SCRAPS and kept at the animal shelter for the remainder of.t'hc quarantine at the owner's or kceper's
expense. . • ,
5.04.064 Release for A.doption `(1) Thc Dir`ector rriay; in his or her sole discretion, decline to release an ani.mal for adoption
under any ciicwnstancesiiicluding liuf not limiteci to:"•.' (a) The prospe,Ctive a.doptive owner ha's a history of violations of flus 'chapter or has been
' convicted of an ani'mal-rel'ated'crime;
' (b) The prospective adoptive owner has iaadequate or inappropriate .facilities for cbnfming the animal and for providing proper:carc to the animal as required iiy this chapter, chapter 5.1Tof the
.County Code, and the Reviseci Code of Washington Tit1e 16.
(c) T'tie eXistence of other circuriistances which, in the opinion of the Direc#or, would
endanger i:he welfare of the animal or the health, safety and welfare of the people- residing in the
couzity; or ' • ' ' . .
(c) The animal is classified as a dangerous dog or a poEentially dangerous dog. '
(2) Any adoption shall`be subject to the following: ' ' • (a). The adoptive owner shalT` agree * in «i-iti.ng to furn:ish ProPer care to the animal in .
accordance*witli this chapter,'cHapter 5.12 of the County Code, and the Reviseci Code of Wastiington
-Titie 16; (b) Payment of requircd fees under this chapter; and (c) A.II animals must be spayed/rieufercd as sct fortri in section .5.04.065
~ • . • SCC 5.04 . 17 - Effectivc 1-1-08
(3) NotwifiJ3smnduae, the requirements set fozth in subsectians (X) and (2) of this section, the
Director may release an anr_mal to an appToved arvrflal shelter aT rescueJadoption agenc} which has
ageedin wnting to abide by the c:onstraints of#his secdor) in the placement of rescue anirnals.
5.64,06S Ado~tion af Aaxxm$i'--- Agreemeat to Spay nr Neuter - SteFili#y Fee
k'orfeiture of AnBna l A.nim aI Care And Frnteciiun Reser-ve Funds Accon ut. • .
Any dog q.r.cat adopted from S CRAPS shall, at the direction o#' S CR4.PS 6i-, sp'ayed or
' neuered priortv adopfl .on unl6ss the Dir~ckvz~ or hisfher de~ig~e~ determines ~ the exercise of hislher
discretion. that ~~fxe ste~a#ion proced~re shouId be pastponed, for a ma=um o#' ninety days, due to
the animai°s ag~, k;ealth or 06er ap,prapnate fac~ors. . (2)-_ At the t.isn~ of adoption of any dag or cat -SCRAPS, a#irty-five dollac (S-35.00) sterility
i .£ee: far d oRs and,a twenty-f ve d'olfar ($2~.00~ stefilify #'ee for cats will be ch arged 'ux add2tiian to atber
fees enumerated ian 5.94.030. _ „ . . . .
(3}, -'FY7e stierility ifee col3ected by. SCPA.PS. £rorn the adoption of any, dogor cat will be
e County and
degosited into the AWrinai Care And Protection Reserv~'Puncis accoi.u,t 'o~ Soakm
restzicted for u.se to rei_mburse vaterbarians for the spaylneuter of adopted dags as,d cats; artd, if excess
,.fiinds are available, at the di's8re~ion of`1~'e Diz~ector, f~r freatrxi~at and`care,o~injure~ ~r,s~cl~ animals
i'„pound4'by 9Cl;.P'S srid projectslproarams that rnay benefit the. people' and auimals_ 'izz the (4) . All persons adopting aaiimals fram SCRAPS which have not, been steriUzed wifl be '
provided with a, sterility v.oucfier whicki v.ill conta!n space for th'u signature of a, li.censed veterinarian
, whap~rforms the spa}ing ar~neutering ofthe animal. Li addition, tfie pez~son adoptiig wifl~be provided
a'list of licensed veterinarians p articipat'ing in tbe S GR.Ak T'Teutering Progran. In orderfor tliepcrson
adopting to have his or her new. pet spayed or neuterexl for 'no charge, the person must have ifi eir pet
sfier~liie~ withiix ninety,(90) days ofpurchase b~r a par~icipating veterinarian. The sterility vouch~r sha11 '
be'present6d to the parkicipatir,g - ~eterinarian, wbo shall sign and date i# and miaxrn it to 5("S for
reinabursernent., If the peFSon a.dogtrng decides to.use a vel+eFinarian who does nat patticipate in the
SCAAFS Neubaring Program, tftey will be responsible for all #'ees cliarged by the nonparticipating
vetierinarian. Wbether a participating or.nanparticipating veterirtarzau is usel, the pet must bq srenlized
witlv.n ninety (90) days af purcfase.- The persan adopting atx aztiwal sha1Z be respans,ible for'~ror'iding'proo£that the animal
h$s been spayec~ or ~.eu#ered to SCI~§ v~~ithin nixiety (90) da}~s of adoption. Proof sha1l consist ofthe '
-coFnpleted sterility voucbez frosn a veterinarian garlitipatirtg, iu the SS NeuteriAg Program; or
- wliere the animal has been spay'ed ar neutead by aranpartWipati.ng vet.erinariaii, the praof shall
consist of tt wrztten -statement frouS the veterir,ariap ar cluzic which spayed or neutered the animal,
zi3dicating the date the ar~,irnat was spayed or neutE~Ted. .
{G} Upon 'retum o#` the signed and dated ste~rility voucher by a 1icensed -p'arkicipating
vaerinarzau to 9CRAPS, the Director or hislhcr designee wEll'cause t.he issuance of a cheok or waxrant
tn the veterinariaQ in accordance with the then scheduled rezmbursement rate.
(7) Any person adaptirrg $n aninial who fails to provide pmo£ the animal adopted has beell
. spayed or neuW~d.sb.al.1 surrenderr: the animaZ bv 8 ' CR.4PS. . (8) ' SCRA.PS shall rnaintam aneute~in~' pro~ram, revDIv ing accqunt whicIa wi11 constitute a
checking accaunt set up under the caztTol o-f the ~CRAPS' Di`recfor to facilitate payment ta
pa.rticipating veterinarians a&r: required pi~oof of spayinglAautenng or- other qudifad veterinarian
. services has been submitted. WU-ri.uarians may also be res`lnSursed tbrauglx the courity voucher
payme-at system. . . .
(9) . 7he neuterffig- prograrn i~volving accaun# shali be balanced and reimburse~ by county
warrant at least nxonthly; reimbursemert vouehers shall havb steriltty voucheT or other qualified ~
SCC 5.04 28 - . E.ffect~v~ 1-1-08
veterinarian service ieceipts atEached. the receipts will be charged to the An.unal Care A.nd Protection
Reserve Funds account of Spokane County.
5.04.066 Impounding of Catx-Notice to Uwner or Keeper-Redemption.
, (1) The Dimctor or his/her designee may impound any cab(s)"doing any of the acts
prohibited by Spokane Counry, Code, if the cat is in danger of being subjected to crucl treatmcnt as
defined by this-chapter - ancUor chapter 16.52 1ZCW or when the cat is found to be sick, injured, or
dead. .(2) The Director or lus/her designee upon the impounding of a' cat shall record'the breed,
color' and sex of the cat, and whether or.not the cat is wearing a current licensc tag.. .If currently
licensedL the Director or his/her designee shall 'the name and address of the o~vner .oi-keeper and
, number of the license tag. If the cat is not returneci fo its licensed owner or keeper, the Director or
' his/lier designee shall norify the cat's owner or keeper'either by mail, or telepbone, or personafnoticc -
' thaf kfie cat'has beeri impounded and'wfiere it may be redeemed. A.ny currently licented cat impounded
' pursuant to tTiis chapter shall bc held for tlie oWne'r or keeper for at least one hundred 'twenty (120) .
hours.from the time of impoundment. ''he length of time an 'unlicensed cat is to be held' depsrids on the temperament of the animal, if ttie animal is sick or injured, space available in the ani.rnal shelter,
• ' ' and wh'ether placement'through adoption is available.
(3) 'Any cat(s) riot:redeeIIied'af ter tlie expiration of tlie holdingperiod niay'be adopted out , .
. . or humanely euthanized. All cats adopted out shall be,pursuant to 5.04.064.-
(4) Norivithstanding the -Holding periods'referenceci in sub=section (2) of this section, the
Director or his/her designee may, in the exercise of their discretion and in accordance' with policy
established by SCRAPS, authorize ariy impourided cat belhumanely euthanized if they determine the
~ anurial is: a) feral and/or dangerous to the safety of humaris or other*anima(s, b) suffering from serious .
injury or disease, or c) the designated shelter area for cats is at capacity.
(5) . Any cat impounded puisuant to this section may be redeemed by the owner or keeper
upon Payment of all redemption fees'as provided in secfion 5.04.110. T.n addition, any unlicensed cats
must be licensecl at the time of redemption. (6) A.uy cat runniug at large during rabies quarantine shall be unmediately impounded by
SC.RA.PS aud kepf at the animal shelter foT the remainder o£the quarantine af the owner's'or*keeper's
expense. _ • - 5.04.067 Conhol of cats. '
The folloNving cat control regulations are police regulations designed to protect public healttl
and safety. The owner or keeper o£ a cat is strictly liable to coutrol lus.lher caf or cats as required
herein. This means that the penalty for violation of ihcsc regulations is imposed without regazd to any '
t~2ongful.intention of the violator. It is unlawful for the ov~ner or lceeper of a cat vr cats to violate any
of the following rcgulations. T`he owner or keeper of a cat or cats shall prevent said cats fi-om: (1) Being accessible to other cats, while in heat, for purposes other than coritrolled or
planned breeding;' . - '
. (2) Running at large whcn the cat has not been neutered or spayed, and the cat is six (6)
months of age or older; , . (3)' Being kept; harbored or.niaintained and lrno,,vn to have wcontagious disease unless
undec tlie treatmenfof a licensed veterinarian, and appropziately isolated t6protect the public'and othcr
animals; (4) Being on private property without the permission of the Property oAmer oi the person
entitled to gossession of the property. '
(5) Exhibiting vicious Propensities; and
SCC 5.04 19 F-ffecrive 1-1-08 .
(6) Entering any place R4iere food is stored, prepazed, served or sold to the public or any public buildirig . or hall; provided, that this section shall not apply to any trained service cat; to veterinarian
• ;
offices or hospitals; or to exhibitions or organized cat shows. ~
5.04.070 Coiitrol of dogs. . The following dog control re gulations are police regulations designed to 'protect public health
and safety. The owner or keeper of a dog is sirictly liable to.control his or her dog or dogs as required
. herein: This means that the penalry for violation of these regulations is imposed without regard to-any
wrongful intentiori of the violatoi. It is unlawfiil for the owner or keeper of a dog or dogs to violate a.ny -
of the following regulations. The owner or keeper of a dog or dogs shall prevent, s.aid dogs from:
(1) Rurin.iug at large in Spokane Cqunty, whether licensed ar not; provided, that this subsection,
shall not:' a) prohibit a person from walking or exercising a do,; in public when such dog is on a leash,
tether; or chain not to exceed eight feet'in logth; and, b),prohibit a person from having a dog`off-leash
in an, area designateci puisuant to section, 5.04.045(1) as an off leasfi area provided that the
requirements of section 5.04.045(2) a're met;;. , . .
, (2) ,.Entering any place where food is stored, prepared, served or sold' to the publi c or any
public building or hall; provided, tiiat this subsection shall not apply to any dog guide or trained
seryice animal; to veterinarian o_,ffi_ces or bospitals; .or to dog e)chibitions . or . organized dog trainin„
' classes or to dogs used by armored car ser'vices or law enforcement agencies; ;
. (3) Being access.ible tn other animals,. ~vhilc in heat, for purposes other than controlled or
planiied breeding, . . . - , - . .
' (4) Cliasing, running after. or jumping at vehicles using public"streets and alleys;
.(5)' Snappi.ng, growling, snarling, barking in a fhreatening manner, jumping upon, chasing or otherwise threatenirig gersbns or animals; ' ,
_ (6) _Exhibiting vicious propensities; .
. (7) Howlirig, yelling, whining or bar~dng or malcing other oral noises in such a manner as to
' - disturb any person or groups'of persons to an unreasonable degree;
(8) Being kept, harbored or maintained,and known to have a contagious disease unjess under the
- -
. treatment of a licensed veterinarian and appropriately isolated to protect the public and other animals;
` (9) Running in packs; provided, for the purpose of ttiis section~"pacl:s" means doos in groups of
three or more;
(10) Running at large when the dog bas not been neutered or spayed, and the dog is six months
. . , of age or older; , , , .
(11) A dog declareda potentially dangerous shall not be at running at large or off the owner or
keeper's property' , unless it is on a lcash.and under physical restraint of a responsible person. : (12) A dog dccla.red a dangerous dog shall not be runuing at lazge or outside a proper enclosuro,
unless the dog, is muzzled a.nd restrained by a substantial chain or teash and under physical restraint of a
responsible person. The muzzle §haIl. be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from biting any person or animal. 5.04.071 Violations as Infi-acdons--Fxceptions. ,
Failure to perForm any act required by this chapter or the Ferfozmance of tttiy act prohibited by
, this~.chapter is desig'nated as an infraction and may'not be classified as a criminal 'offense, except the
following violations shall be classified as: , • . .
(1) MISDEtMEANORS: . (a) Section 5.04.030(4) falsely representing dog or cat as spayeci/neutered or
nonspayedlnonneutered; _ ,,•.SCC 5.04 . 20 Effective 1-1-08
~ . .
; (b) Sections 5.04.032(3) and 5.04.033(7), failure to abide by conditions imposed on
pofentially dangerous dogs; . (c) . Section 5.04.040, tbeft or misuse of license tags. ' (d) Section 5.04.042(7), operating an unlicensed com:uiercial kennel;
'(e) Secti6n 5.04.043(7), opEratirig an unlicenscd private kennel; .
(fl Secdon 5.04A45(2)(e), allowing a dog to exhibit dangerous or aggressive behavior in a designated of~ leash area; - ~ (g) Section 5.04.045(2)(f), allowuig a female dog in heat in a desipated off-leash area;
.(h) Section 5.04.067(5), cats exhibiting vicious propensities which constitute a dangeT to
persons'`or domestic animals; '(i) Section 5.04.070(6), dogs exhib'iting vicious propensitieswhich constitute a danger to
persons or animals; Section 5.04.070(1'1), potentially dangerous dog at large; .(j) . Section 5.04.079(1), failure to sign,a promise to appear; ' (k) Section 5.(}4.0791, failure to identi#`y..= person rec'eivirig notice; .
(1) _ Section 5.04.0792, failuretio obey an'office'r'; : (m) Saction 5.04.120(3); urteiference with lawful euthanasia. .
(n) 'Section 5.04.150,'failure to'reportstriking domestic aniinal with motor vehicle; - '
. (o) Section 5.04.160, failure to report aiiiinal bites; and (m) The third or subsequent violation of any provision conshtuting an infraction of this
chapter within a twelve-month, period. For purposss of this subsecdon, a third or
subsequcnt'violation withiri a t~rvelve-mokIi period is determined according to the date
of the offense for which an infiaction, citation or complaint has bEen is'sued, regardless
~ of whetber the courE has dceriied the violation to have lieen committed, provided, that a
fmding by the court ttiaf the prior infraction was not commitzed shall render'the prior
violation not countable toward the thi.rd or subsequent violation; -
' . (2) " GROSS MISDEMEA,NOTLS: . ' (a) Section 5:04.035, failure to comply with dangerous dog registration and ownership
' requirements; ' •
. (b) Section 5.04.045(2)(b), prohibited dog in dog park; and '(c) Section 5.04.070(] 2),' dan;erous dog at large:~
, 5.04.072 Notice of Tnfraction--Issuance. .
(1) " The Director and Animal Protection Officer shall be specially comznissioned by the
County Sheriff to issue a riotice of infiaction i#' coznuiitted in their presence or if after investigation
they have reasonable cause to believc; ttiat the oNvner or keeper of an animal has comm.itted an
infraction. . ' '
(2) The coiut may issue a.nntice of infracCion upon receipt of a written statement•of the
. Di'rector or his/her designee that there is reasonable cause to b$lieve that an infractioci W"as committed. • _ • . . - . . .
, .
`5.04.073 Ttoticc of Xafraction--Determination Final Unless Contested--Fnrm. '(1) A riotice of uifraction represents a'determinatioii that an in~tion lias lieen comrimitted.
The determination will be final unless'.coritesteci as provided in ttiis chapte'r. (2) The notiee of infi-action'shall include the following: ' . . ' .
(a) A statement tliat the notice represents a determination that an inf.taction has been -
committed by the person named in the notice and that the determznation sha11 be final unless contested
~
as-provided in this chapter; .
- SCC 5.04 , 21 E£fective 1-1-08
(b) A statement that an infraction is a noncriminal offense for which imprisonment may not
be imposed as a sanction; ~
(c) A statement of t6e specific infraction for whieh the notice was issued;
- (d) A statenlent of the moaetaiy penalty established for the infraction; .
(e) A statement of tbe options provided in this chapter for responding to the notice and the
procedures necessary to exercise fihese options; - -
(fl A statement tliat at any hearing to contest the determination, the countyhas the burden
of proving, by. a preponderance of the evidencc, that the i:n&action was committed; and that tlie person
may subpoena witnesses including the officer wbo issued the notice of infraction;
` "(g) * 'A statement that at any hearing requested for thc purpose of explaini.ng mitigating circumstances surrounding the commission of the infraction, the pezson will be deemed th have
committed'the infi~action and may not subpoena,witnesses;
(h) A statement that the person mii,st respoud to the notice as provided in this cliapter within
fifteen (15) days; . , . . . .
(i) A statement which t}ie person 'shall sign that the person promises to respond to the
notice of infraction in orie of ~ie ways provided in this chapfer; and .
(j ) A statement ~4at failure to respond to the notice of iztfraction or a faiIure to appear at a
hearmg requested for the.purpose of contesting the deterrnination oc f.or the purpose of explaining
mitigating ciccumstances will result in a default judgment against the person, i:n the amount of the '
. pena(ty: . - . , . . .
b
5.04.074: Response to Notice of Ynfractinn--Contesting Determination-Hearin--
Failnre to Respond or Appear.
(1) Any person who receives a notice of infraction shall respond to such notice as provided _
in this section withi.n fi.fteen (15) days of die date of the notice. ~
(2) If the person determined to have committed the infraction does not contest the "
detcrmination, the person shall respond by completing the appropriate portion of the notice of
in£raction and submitting it, either by mail or in person, to the court specifiod on the notice. A checl:
or,money order in the amount of the penalty prescribed for the infraction must be submitted tivith the
response. 'When a response wliich does not aontest the deterniination is received, an appropriate order
shall be entered in the court's records. .
(3) If the person detemuned to have' comm.itted • tlie inrxaetion wishes to cflntest the .
determination, the person shall respond by completing the portion of the notice of infraction requesting
a hearing and submitting it, either by mail or un person, to the'court specifed on the notice. The court
shall notify the person in writing of tile, time, place and date of the hearing, and t6at date, ~shall not be
sooner than seven (7) days f.rom the date of the notice, except by a;reement. .
(4) If the person determined to havc coinmittecl the iufraction does not contest the
determiuation but wishes to explain mitigating circumsta.nces surrounding the infraction, the person
. sha11 respond by completing the portion of the notice of infi'action n;questing a hearing for that purpose
and submitting it, eikherby mail or in person, to the,court specified on the notice. The court shall
notify the person in writing of the timc, place and dafe of the hearing.
(5),.. The court shall enter a default judgment assessing the monetary penaliy prescribed for
the, infractiori. and may"noti.fy the pro's.ecuting attomey of tt~e'~failure to respond to the notice of civil
infraction or to appear at a requested hear't.ng if any peison issued a notice of infraction:. (a) Fails to respond to tbe noticE of infi~action as provided in subsection (1) or (2) of this
section; or . , -
(b) Fails to appear,at a hearing requested pwrsuant to subsection (3) or (4) of this section.
SCC 5.04 22 Effective 1-1-08
,
5.04.075 Hearings - Infraction--RnIes of Procedure--Counsel. '
J - .
" (1) Procedures for the conduct of all infraction hearings provided for in this chapter shall be
in accordance with the Infractiou Rules for Courts of Limited Jurisdiction. (2) ' Any person subject to proceedings under this chapter may be represented by counsel. .
5.04.076 $earings --Contesting Determination that Infraction Comutitted--Appe.al.
(1) 'A hearing Ueld for the purpose of contesting the deter.mination that an infraction has
been coriimitted shall be without a jury. ' . - (2) The court may consider the notice of infracbon and any otlier written.report made under
Qath submitted by the ofFicer who issued the notice or whose wrifiten statement was the basis for the
issuance of the notice in lieu of the ofFicer's personal appearan.e at tlic hearing. The person nazued in
the notice may subpoena witnesses, including the pfficer, and-'ha's the right to present eviderice and
examine witnesses pi-esent in court: ' •
(3) --In the event the defendant contests any infiaction, the burdcn of proof' is 'upon the
county to establis}i the cominission:of the infraction by a p"reponderance of the evidence.
(4) A,fter coasideration of the evidence and argument'tbe court shall dctermine whether the
in.£raction was committed. Where it has uot beeri established chat the infraction was aommitted, an
order dismissing the notice shall be entered in the court's r'ecords. Wh.ere"it has *been:esfablished Yliat
the infrdction N,~as committed, an appropriate oi-der stiall *be entered in the court's recoids. '
'(5) `An appeal f.rom the court`s determination oc order sfiall be to the superior 'court. The
' decision of the superior court is subject'only to discretionary review:pursuant to Rul'e 2.3 of the Rules
of Appellatc Procedure. 5.04.077 Hearings-Infractian--l~fxplanation of Mitigating Circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating `circumstances
- surrounding the commission of an infraction shall be an.informal proceeding. Tlie person may not
subpoena witnesses. rhe determination that an infraction has been committed may not be contested at
a hearing held for the purpose of ezplaining mitigating circumstances. (2) ARer thq court has heard the explanation of the cu-cumstanccs surrounding the
commission of the infraction, ari appropriate order shall be Entered in the court's records. (3) There may be no appeal from the court's' determination or'order az a hearing on .
mitigation.
,
5.04.478 Order of Court Infraction--Civil Nature -'Waiver, Reduction Suspension '
of PenaIty - Restitation. (1) An order entcied after the receipt of a response which does not contest the
deterinination or after it has been established at a hearing that the infractian was committed, or after a'
hearinj for the purpose of explainirig mitigatirig circumstances is civil in nature. (2) The court may inc(ude in the order the imposition of any penaIty, authorized by the
provisions of this ciiapter for the cominission of an inf~action. The court may, in its discretion, 'waive,
reduce, or suspend the monetary.penalty prescribed for the infraction. '
(3) The 'court may order a person found to have committed a ci'vil iiifractiou to make
restifzition. • , , . . . .
. 5.04.079 Failure to sign Failure to 'satisfy penalty. (1) !t is a misdemeanor for any person who has been personally served with a notice of '
criminal citation or a civil infraction, as provided by Spokane County District Court rule, as, it
presently exists or as may be hereinafter arnended, to rzfuse to sign a,vriiten promise to respond to the
notice. SCC 5.04 . 23 Effective 1-1-08
(2) A person who willfully fails to pay a monetary penalty or to perform community service
as required by a court under this chapter may be found in civil contempt of court as provided for in . i
chapter 7.211ZCW. . , 5.04.0791 Person receiving notice-Identi.ficaHon and detenfion.
(1) A person who is to receive a notice of infraction or a criminal citation under this chapter
or.'chapter-5.12 of the Spokane Couniy Code or chapteis 16.08, 16.52 or 16.54RCW is required to
identify himself or herself to the Directoi, Animal Prote,ction Officer, or a sheriffs deputy by giving
.his or her name, address, and date of birth and upon request shall produce reasoriable identification,
including a driver's license or identicard. , . (2) A person who is unable or unvvilling to reasonably idenfify himself or herself to the
, Diie'etor, Animal Frotection.0££icer, or a sherifCs iieputy may be detained for a period of timc not
longer tihan is reasonably necessary to identify the person for,purposes of issuing a notice of infraction
or citation. . , '
(3) Willful failure to identify, following. a lawful request under this section is a
misdemeanor. S.U4.0'792 Failure to Obey Instructions of an Officer ,
A person is required_ to stop,.Nvhen requcsted or signaled to, do so . by the , Director, :4.nimal Prot.ection Officer,, 'or e€ a sheriTs deputy. in ~e enforc,ement of this chapter or chapter 5.12 of the
Spokane Counry Code or chapters 16.08, 16.52 or 16.54 RCW. Any person who wijlfully violates this
section is guilty of a misdemeanor. 5.04.090 . Anima! Control Director or Animal Proteetion Officer-Issnance of Crim.inal Citation. _ _ ' . , •
The Iairector or his/her designec shatl be specially commissibned by the county sheriff as a deputy for the putpose af enforcing any provision of this cfiapter or chapter 5.12 of the Spokane
County Code or chapters 16.08, 16.52 or 16.54 RCW and'shall have the authority to issue infractions,
and criminal citations and make arresu where the Director or hisJher designee has information to
support a reasonable belief that the owner, handler, or keeper of the animalis in violadon of any sections,constituting a misdemeanor or gross misdemeanor. ' ' .
5.04.110 Redemption Procedures. (1) _ Any dog impounded pursuant to the provisions of this. chapler or chapter 512 of the -
Spol:auo County"'Code or cfiapters 16.08, 16:52 or 16.54 RCW may, subsequent to the satist'action of
all^condidons for release, be rcdeemed upon payment of any feesand penalties due and owing, any
rccoverable expcnses incurred by SC12.APS and proof of a current license; and, proof of a current
rabies vacc'ination or written agreemenf to present such proof within 30 days. The redemption fee for a
dog shall be twenty-five dollars ($25.00) for each dog plus an additional fee of ten dollazs ($10.00) for
, each ffiwenty.-four-hour period or portion thereof during Nvhich such dog is retained by the impounding
agency. Providecl, tYiat the redemption fee for a dog redeemed a second or a tturd time in any twelve-
month p~eriod shall be thirty-five dollars ($35.00) and fifly-fiye- dollars ($55.00)~~respectively, pIus an -
ad'ditional fee of ten dollars ($]0.00) for each tu,enty-four-hour period or portion thereof during which
sucli dog is retained by the impouncling agency. Provided fiirther, the Director or hislher designee fior
good cause at his/hec discretion may waive and/or reduce the redemption fee. ,
. ,(2) Any cat impounded pursuant to . the provisioris of this chapter or chapter 5.12 of the
Spokane, Courity Code or chapters 16.08, 16.52_or 16.54RCtiV may, subsequent to the satisfaction of
all conditions for release, be redeemed upon payment of the any fees and penalties due and owing, any
recoverable expenses incurred by SCRAPS arid proof of current license and rabies vaccination
SCC 5.04 24 Effective 1-1-08
1
C/ 1 presented. The redemption tee for a cat shall be twenty-fve dollars ($25.00) foz each cat, plus an
additional fee of ten dollars ($10.00) for each twenry-four (24) hour period or portion thereof during
which such cat is retained tiy the impounding agency. Piovided, that the redemption fee for a cat
ndeeffied a second or third Cime in any twelve (12) monfih period shall be thi;rty-five dollars ($35.00)
and fifty-five dollars ($55.00) respectively; Plus an additional fee of ten dollars ($10.00)) for aach
twcnty-fbur (24) hoiir period or portion thereof during which such cat is retained by the impounding
agency. Provided further, the Director or hisJher desienee for good cause at his/her discretion may
waive and /or reduce the redemption fee.
(3) . Recaverable expenses incurred include but are not limited to Trip fees of twenty-five .
dollars ($25.00) foi a regiilar resporise and fifty-dolIa~ ($50.00), for an emergency response; and,
reasonable veterinaiy expeases iricurred by SC.RAPS. . "
. (4) ' A11 fees and expenses payable under this section shall be made payable to SCRAPS.
5,04.120` i.)estruction of'Vicious and Dangerous Dogs.~ -
(1) The owner of keeper of any dog having viciovs propensities as defmcd in this chapter
may be ordered tn turn the dog over to SCRAYS for disposal by mearis of euthariasia by a judicial .
o~"icer of, the district court upon the owner's or l:eeper's convictioa of any 4iolation o£• section
- 5.04.070(6). ' . • ~.(2) =,A.ny dog deelareci a dangerous dog that has failed~to receive a certificate of reo stration
shall be euthanizcd as 'provided for in section 5.04.032(4) and'(5).
(3') r~.uy owner or keeper of a dog to• be destroyed by meaiis of euthanasia 'undeT this
chap.ter, chapter 5:12, of iie Counry Code, and chapters 16.08, 16.52, and 16.54 RCW has tNi,enty-four
(24)' hours from notification to tum the dog over to the SCRAPS shelter for disposal'by means of
~ eAanasia; willfiil interference with ttie lawful disposal of a dog pursuant to this section is a
misdemeanor.
5.04.130 :Penalties (1) The maximum penalry for the violation of any provision of tlus chaptcr constituting an
infraction other than section 5.04.030 relaring to failure to obtain animal- licenses shall bs ttie axnount
established under the Ln.£raction Rules #'or Courts of Limited Jurisdiction section. TR.LJ 6.2(b) for
unschedulecl iii&~ctions a§' it'now eXists or is Yiereafkr anicnded for the first infraction and tlie'sa.me
atnount plug twenfy-five dollats for the second infraction-committed wit6in a twelve-month period. In
addition, the court' may impose aiiy applicable starutory assessments: '(2) Any person, in adciition to -auy other penalties"provided by this chapter, found in violation
of any provisions or any amendments thereto Nvhich are designated as misdemeanors 'sball be punished
by a fuie of not more than one thousand dol.lars or by imprisoninent in the couniy jail for not more than
ninety (90) days or by both such fine and imprisonment; or if desigiiated as agross misdemeanor shall
be punished by a fiine of not more than five thousarid dollars ($5,000,00) or by imprisonment in the
' count), jail for nat more than 365 days, or by both such fine and imprisonment.
- (3) The penalties for violation of section 5.04.030 other than section 5.04.030(4) s6a11 be two
fiuridred dolfars ($200.00) per violation. Provided, however, the district court juciges by local court rule
or general order may allow for a reduction in said sum by way of'mitigation'or wfiere a li&nse is
abtained or reneweri within ten calendar days of,the issuance of an infraction.
.5.04.131 Violation asconstituting apnblic nuisance. Tn addidon to the foregoing iemedies, the repeat violation of any provisions o£this cfiapter after
official notice of the violation shall constifute a public nuisance and may be abated in auy manner
authorized by 1ZCtiV Chapters 7.48 and 9.66. . ~ SCC 5.04 . 25 Effective 1-1-08 .
. . ~ . _ _
' 5.04.140 F'ee Setting Authority. . , -
' SCRAPS' is granted the authoriiy to set a schedule of fees not otherwise established reasonably "
related to fiilfillirig its responsibilities under this chapter. This shall be construed consistently with all
local Spokanc County_diserict court niles and general orders on the subject involving the failure to
. IicensE dogs or cats.as set farth in sECtions 5.04.030 an.d 5.04.031 hereof. Fee schedules shall be posted at the SCRA-PS shelter and on the SCRAPS Spokane County web site. •
5.04.150 Duty When Striking Dqmestic Animal with Motor Vehicle. ,
Any, person who, while operating a motor vehicle, strikes a domestic animal in Spokane County
shall stop at once, ~render reasonable assistance; arid sha11 immetliately report such injury or death to
the anianal's owner. In the cvent tl.ie or.vner of said animal cannot be ascertained and located, such
person shall at once report the accident to the SCRAPS or other law en£orcement agency with authority
in the jurisdiction. This section shall in no way, be constnied, as requiring.the person striking the
anirnal with a motor vehicle to: be f inancially responsible for any, injury or death of the animal. A
person ~vho wil,lfully violates this section sfiall be guilty of a misdemeanor. .
5.04.160 Animal Bites to be lteported., , , Every anin~atwhich bites. a person shall,be promptly reported to SCRAPS and shall thereupon
be securely'quarantined at the duection of SCRAPS for.a period of ten:days., Ai.the discretian of
SC RAPS, such quarantine. may be on the premises of the ownez'or keeper, at the Sp;olcarie County
hospital of the
~1.ni.mal Sheltei, or at. the owner.'s or keeper: s o,ption and : e~cpense, in a veterinary
owrier's or keepe~'s choice. In the cases of animals whose ownership is not known, such qiiarantine
shall be at the Spokane County Animal Shelter or a vetcrinary hospital. Zf thc animal is quarantined at
ars
Spokane County Animal Shelter the owner or keepec -of the an.imal sha11 be charged ten-doll
($10.00) for each twenty-gour (24) hour period or portion thereof. Any owner or keeper of'an animal
who knowingly violates this secdon shall be guilty of a misdemeanor.
. 5.04.170 . Spaying and neutering Services., . , -
. (1) Four dollars (S4.00) of every dog and cat license shall be set asidc each year to be used
. solely., for the purpose of .iinplementing a spaying and neutcring program of licensed dogs and cats
' resiiiing within the unincorporated areas of Spokane County aud' any jurisdictioris under contract for
SCRA.PS services that have'adopted this chapter by rererence. The Director shall.develop and
maintain a spaying and neutering program which shall detezmine the requirements for eligibility to
participate in the program. . _ . . _ . , . . .
(2) Spay,ing and neutering of licensed dogs and cats under this section sha11 be voluntary
. with the aaimal's'ownez or kecper. . " '
5.04.900 Severability. . If any, portion-' of this ehapter is held invalid, it is the intei4t of the board of county
commissioners that such part shall be deemed severable and tkie invalidity thereof.shall not affect the
. remaining parts of this chapter. , . . , . . • . • . .
5.04.910 Effective :Uate-Preservation oftxisting Cases.'
• Resolution No. 7-0971.shaIl take effect on January l, 2008 at 12.01 a_m. All cases fileci and offenses
committed prior bo the effective date of this resolution are deemed preserved in accordance with
section 10.01.040 RCW, and shall be governed by chapter 5.04 as it existed prior to Jaauary 1, 2008.
- ~
. SCC 5.04 . 26 Effective 1-1-08
SCITY. Public Works Department
poiane Capifal Improvement Program
;O*Valley0
O 11707 E SPrague Ave Suite 106 ♦ SPokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Informational Memo To: David Mercier, City Manager and Members of City Council -
From: Ncil Kersten, Public Works Director
Steve M. Worley, Senior Capital Projects Engineer Date: April 15, 2008
Re: STA Gooperative Grant - Sprague/Bowdish PCC Intersection
The City of Spokane Valley received funding from STA for replacing the intersection of
Sprague Avenue and Bowdi_sh Road with Portlaud Cetueut Concrete (PCC). The brant
amount is $892,000.
From results of traffic counts completed at this interseciion, approximdtely 35,000 vehicles
per day ti-avel through this roadway. T'he existing rUaciway is i.n paor coiiditioa. The
inajority of the pavement distresses al thas 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
0 vehicle traffc. .
The intersection will bc reconstructed A7th Portlanci Cement Concrete to ensure long term
durability. 71us project %A711 also upgrade the sidewalk curb ramps to meet current AllA
standards to provide safe access for wheelchairs and visually-impaired pedestrians.
We have entered into the preliminary engineering/design phase of this project and auticipate
construction beginning in July 2008 and completion by September 2008.
Spakane Transit Authority request,s that a Coopcrative Funcling Interlocal Agreement be executed for this project The ageeinent outlincs thc terms ot'receiving these gants funds.
Attached is a copy of this agreement along with a copy of the Project Application.
Stafs' will brina this issue before Council for review and convnent at the Apri129, 2008 Study
Session. Please let us know if you have any questions. .
i
Spokane Regional Transportation Council
2007 FTA Section 5307 Funds (FFY 2008-2011)
PROJECTAPPLICATION - ~ Project Name: SpraguelBowdish Concrete Intersection Project
. Jurisdiction: - City of Spokane Valley -
Federal Request (Sec. 5307): $709,100 . Total Project Cost: $8920000 Seckion 5307 funds are to be used for projects primarily related to public transportatfon purposes in the Spokane Urbanized
Area. They must have a functianal proximity or improved access to a public transportation services or facilities to be eligibls.
Has this project been prioritized previously and if so, when? No
A licant Organi2ation
Contact Person: Steve M. Worley, PE Title: Senior Engineer
Address: 11707 E. Sprague Ave. Telephone: (509).921-1000 Spokane Valley, WA 99206 Fax: (509) 921-1008
Email: sworley@spokanevalley.org
Lead Agency: City of Spokane Valley
~
Co-Applicants (if applicable):
Non- Certification Acceptance Agency (CA), identify CA Agency
expected to provide assistance: WSDOT '
Pro'ect Location
Sprague Avenue & Bowdish Road Intersection
Project Description: Explain project, indicate the major work involved, compare existing and
roosed conditions, etc. .
Proiect Description .
Sprague Avenue at Bowdish Road is a 7-lane principal arterial with curb and sidewalk that carries
approximately 28,000 vehicles per day. Bowdish Road is a 2-lane minor arterial that carries
approximately 7,000 vpd.
The intersection- will be reconstructed with Portland Cement Concrete to ensure long term
durability. The existing intersection is currentfy prone to shoving and rutting due to heavy bus
loads, high traffic volumes, and numerous starts and stops.
Pavement Condifion .
The existing roadveray at this intersection is in poor condition. The majority of the pavement
-distresses at this intersection occur on Sprague. The Sprague legs of this intersection exhibit
rutting in the range of 1" to 1-1/2" in depth at the intersection. Medium to low severity
longitudinal and transverse cracking was also apparent and recorded in the 2006 pavement
condition survey. The overall condition index (OCI) for the segments within this area range from
48 to 75 with a weighted average of 63. The remaining service life is approximately 6 years.
~
Furthermore, the traffic induction loop vehicle detectors for the traffic signals have been exposed
due to the severe rutting and require replacement.
Safetv Improvements -
These deficiencies present a safety hazard to not only STA busses, but other vehicle traffic as
well. The rutted roadway allows water to pond during the rain and snow events that creates
hazards to vehicles and busses. The ruts also create hazards to cars, trucks, buses and
motorcycles when stopping which force the vehicle tires into the ruts unexpECtedly.
Transit Service -
This corridor carries Spokane Transit Authority Route #90 providing service to the Valley Transit
Center, the Spokane Valley Mall and the Greenacres neighborhood. Route #90 operates at 15
minute intervals and has the highest ridership in STA's transit system with approximately
1,031,994 passengers per year (86,000 passengers per month). STA's valley bus barn is also
located just soutfi of the SpraguelBowdish Intersection.
Alternative Modes
This project will also upgrade the sidewalk curb ramps to meet current ADA standards to provide
safe access for wfieelchairs and visually impaired pedestrians.
Desian LifeILAG Standards
The design life of this project is forty years or more when combined with routine maintenance. .
All improvements will be constructed in accordance LAG manual design standards. -
Attachments include vicinit majpj
,1. Vicinity Map I
Cost Summa Matchin Funds Summa
(minimum match required is 20
Tota) Project Cost: $892,000
FTA Section 5307 Funds $709,100 79.5%
Other Federal Funds $ %
State Funds'' $ %
Local Agency Funds` $182,900 20.5%
Private Funds** $ %
Other" $ %
Total $892,000 100%
"Eligible Match
Can be eligible match under selected conditions
Answer items 1 through 9 when applicable. ,
~
. ~
2
1. Describe the commitment of matching funds and other funds or the status. of obtaining the
proposed matching funds. Matching funds must be available at time of fund obligation.
Local matching funds will be provided from the City of Spokane Valley Street Capital Projects
Fund.
. 2. Preliminary Engineering/Design
Total FTi4 Cost: $ 71,900 Total Project Cost: $ 90,400
Start Date: Jan. 2008 End Date: May 2008 Status: .
3. Right-of-Way Acquisition Required: Yes No
Total FTA Cost : $ Start Date: End Date:
Status:
4. Constructionllmplementation
Total FTA Cost: $637,200 Total Project Cost: $801,600
Start Date: - Jun 2008 End Date: Dec. 2008
Status:
5. Describe the extent to which the project has been reviewed and approved by the Local
Jurisdictions and the State. Identify public meetings, environmental review, legislative
actions, supporting organizations, inclusion in the agency's adopted plan, etc.
The schedule for this project will be coordinated with the City's Sprague/Appleway Corridor
Subarea Plan. The subarea plan evaluated anticipated development and transportation needs
along the Sprague/Appleway Corridor and identified development and infrastructure goals to
. guide economic, pedestrian, transit, and street development for the next 20-years. This
• project will support thESe goals by implementing the recommended infrastructure
improvements.
Public meetings for the Subarea Plan have been conducted to solicit input from the
community on the City's transportation needs and goals. An environmental review will be
prepared upon completion of the Subarea Plan.
Additional public comment was also available on the proposed project at a City council
meeting on February 27h as part of a review of the 2007 SRTC project applications. The
project will be added to the City's TIP if the project is selected for funding.
~
~
6. Describe how or why the project relates to the transportation system and existing Vansit
route. Projects must be primarily related to public transportation purposes. Projects.
lacking a functiona) proximity or improved linkage to a public transportation service or facility
are not eligible. „
The proposed project makes improvements directly serving STA Route 90, and the Spokane
Valley STA bus maintenance facility. The existing pavement is in poor condition which is a
serious safety hazard to transit busses and pedestrians accessing the public transit system.
7. Describe how the project meets the adopted FTA Section 5307 crfteria.
This project is a capital project that directly supports transit.
8. Are there any circumstances that could. delay this project and/or are there any critical times
associated w'rth this application (e.g., right-of-way acquisition, environmental, functional
classification documentation, or other funds needed to match other applications)?
There are no known issues that would delay a timely implementation of this project once
funds are secured. This project will be coordinated with the improvement recommendations
from the SpraguelAppleway Corridor Subarea Plan. •
9. Is this project consistent with the adopted Metropolitan Transportation Plan? " Yes. The proposed project is consistent with the Metropolitan Transportation Plan
.
I certify this application has been reviewed by the governing bady of this agency/jurisdiction, and .
has been approved for submission to the Spokane Regional Transportation Council. I further
certify this project, if selected, will reach the construction/implementation obligation within 18
months from the initial obligation, or a lapse in project funding will be imposed.
LEAD AGENCY: City of Spokane Valley
BY:
Mayor
DATE:
. .
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. Spokane County Library Disfirict
Spokane Valley L.ibrary-Services and District Support
Report to the City of Spokane Valley
15t Quarter 2008
l
GREATER OKANE VALLEY LYBRAR
Customer use measures Library usQ for 200$ in the three grealer Spokane Valley libra.ries began on a positive note with year-to-
date increases over 2007 in materials circulation (+1.8°,6), reference inquiries (+$.7°,6), progra.xn attendance
(+5.2%), and software station bookings (+9.8%). The door count was do-Am, mast lil:ely due to the bad
weather during january and February (-0.9%). The segistered borrower total is down 5.5%, thc result of .
purging database records with no activity over the past three years.
Selected 1M Quarter 2008 Year-to-Date Statistics
Circulation I Aoor count Reference Program Soft~ware Station
In uiries Attendancc Bookin s
YTD 1TD to YT'D YTD to YTD YfU to Yl'17 . YI'17 to YTD YTD to
2008 2007 2008 2007 2008 2007 2008 . 2007 2008 2007
SCLD 530,825 . 3.4% 304,885 -1.1% 60,106 8.7% 9,666 5.2°/u 58,283 9.8%
S o Valle 135,335 0.5% 76,037 -7.7ro 20,665 5.7ro 3,052 4.0°6 18,987 8.1%
Ar nnne 37,100 9.3% 22,211 6.4% 4,779 6.7 % 536 0.6°b 5,523 32.7°,b
Otis 20,557 - 2.2% 13,022 - 7.3% 2,963 41.7% 414 22-8% 1,864 -18.846
~ Subtotal 152,992 1.8% 711,270 - 0.9`3'0 27,807 8.7% 4,002 5.2% 26,374 9.8%
% SCLD 36.4% 36.5%] - 1 46.3 m 41.49'0 45.3%
Registered Customers by Branch of Registration
2008 % of YT17 Change % Adult % Youth
YTD SCLD from 2007
SCLD 109,924 - -3.1% 75.8% 24.2%
S o Valle 35,058 31.956 - 5.3% 77.3% 22_7%
Ar on.ne 9,613 8.7% - 4.0% 78.0°,b 22_0%
Otis 4,906 4.5% - 10.0 m 77 ro 28.9 S6
Subtotal 49,578 45.1% -5.5°M - -
1st yuarter activity highlights at Greater Spakane Valley branches Spokane Valley Libranj
• 1he Friends met in January a.nd set May 3 a.nd October 4 as the dates for this year's book sales. 'l'hey
aLso agreed to help fund the "Big Read" and voted to support the bond issue for the Greater Spokar►e
Area Libraries.
• During a break in the weather, the Eric Herman concert had a very respectable crowd of 95; the kids
loved the music and all were up dancizlg and singi.ng.
• The first monthly book discussion took place with six attendees.
0 Six staff inembers attended the Spokane Val.ley Cha.rnber of Convnerce Biz Buz.L event tn as.sist in
: praviding infermatian abaut the bond issues. Trustee 1VIary Llo}'d joined them in hosting a display
table with more informaiion on the services we proxride. ,
• Page 1 of 5
• The anune club conti.nues to draw a good size crowd, with 21 teens attending in Maxch. There were
quite a few new faces that had heard about the program from their friends and from the posters in the
teen area.
• The Early Learning station was insta.lled on special child size fumiture to rave rnviews. In fact while it was bei.ng installed, children were helping the IT staff and from that ti.me on there was always at . '
least one child using it.
• Many customer comments during March related to the bond issue. .
• The City of Spokane Valley's MazGh 31 5th birthday party celebration plans were finalized with active .
participation by staff of the Spokane Valley Library in both the planning and in the i.xnplementation.
• Staff worked with a juvenile court system volunteer to provide a regu_lar scheduled place and time for -
him to mE*et with juveniles that have been assigned to h.im for mentoring and assistance.
Argonne Library . • Pasadena Pazk Elementary School provided artwork depicting "Our Freedoms;" to honor Ar. Martin
Luther King; the bannEr was more than eight fect long and showed freedoms that arc unportant to the
students, written on outstretched hands.
• Two Orchazd Prairie classes made separate visits to work on projects.
• The A,rgonne Friends met to plan their paxticipation in the election informationa,l Open I Iouse
scheduled in .February, where they provided refreshments; they donated $125 to the "Big Read"; and
had an i.mpromptu. meeting to get ready for their open house in April that will feature a visit by
author Terry Bai.n.
• The "Cool Tunes" program with Eric Herman was sta.nding room only, with 64 audience xnembers.
The January computer class was so successful that another was added for February.
Otis Orcltards Library .
• The computer instruction classs was full so another was scheduled.
• Art frozn twa ECEAP classes was displayed. -
• Friends prepared fer Aprd's Library Week by buying candy and connecting with the local video storE . to purchase $5 gift certificates as daily prizes. •Branch supErvisor Bev Bergstrom was a judge for East Valley High School senior culminati.ng projECts,
partnered with a teacher. They thoroughly enjoyed the kids as they described their lives and their
chosen careers.
• The Early Literacy station is a huge success and is seldom idle for long. A yaung developmental.ly
disabled girl had agreat time learning new computer and literacy skiUs.
Greater Spokane Valley Area Libraries Froject
LCFA election lass
The final vote tally on March 25 showed the follawing rESU.lts, based on 20,920 returned GSVLCFA
ballots-38.07% of the 54,945 mailed. This was W'eU beyond the validation nu,mber of 11,484 ballots.
. A roved Re'ected
• Pro osition 1: LCFA establishment 10,143 49.549b 10,332/50.46%
Pzo osition 2 LCFA bonds 9,354/45.55% 11,1$1/54.45°
You can t say that we didn't get a decisive answer from voters. T11e reasons for thc losses fall into foux
major categories: the national economy; persanal finance; the proposed projects; and association with the
City of Spokane Valley and its City Ccnter project.
Pre-eIecfiion publicity -
• Election public relativns/pubLic information, election flyers were updated; open house flyers
developed; the electian mailez was written and designed; and th.ree election opEn houses wEre
planned and sfiaffed.
• Tn eleciion media relations, distributed open houses annou.ncement; worked with Vailey Nezus-Herald'
and Spokesmnn-Review on pre-electian and post-election stories; as well as Liberrij TT_ake Spiash regarding
a gost-elecdon story. 1'age 2 of 5
• Attendance at the first two elecrion information open houses was low: eight at Argonne's and no one
at GreEnacres TAiddle School. Spokane Valley's was better-attended, ivith 31 people. While the
tvrnout was low, the publ.icity £or them was secn by a lot of people so it was clear to our customers ~ that there's an election coming up.
• The mid-Febrvary eleciion infarmation mailing to alJ LCPA households-an oversize postcazd-wenfi
to 5$,622 addsessES. .
U-City property
The U-City purchase and sale agreement was executed i,n early January, as was the related promissary
note.
The propErty appraisal repo.r.t showed a value nf $8 per squa_re foot, 20% below the price ceiling included
in the 1'urchase and Sale Agreement. As anticipated, the seller expressed concerns about that number and
intends to obtain a second appraisal following the terms of the Agreement. However, without funding
for the puxc(1ase, the appraisal is somewhat of a moot issue. Follawing Board of Trustces Maxch 18
meeting direction, a letter was sent to University City's Jim Magnuson inquiuing about his interest in
pursuing a simple, no-cost exteaision of the agrcement. There's been no response.
Paxtially to answer a Spokesman-Review reporter's quEStion, we calculated costs far U-City site
identificalion a.nd property acquisition. To date, total expenses and as yet u.nbilled activity are $42,985.
This is only for expense.s related to this praperty, it doesii t include those for the Conklin Road praperty
purchase, Spoka.ne Valley Library pre-design work, legal fees for the LCFA election, or LCFA election
costs.
DisTRicr-WIDE LIBR
Customer use measures
In an interesting statistical switch, ycaz-to-date door count is d.own by 1% from last year but reference
~ i.nquiries are in the positive colu.mn, up 2 for the first time in severa.l yeazs. Naw that we've had digital
media (downloadable boaks) for a year, we're able to shaw year-to-date cAmparisons. Even though
they're nat yet apples to apples (the service went live at the end of February 2007 sq last year's numbers
reflect on.ly o.ne full month), you can see that March 2008 is double March 2007. It's also nice to point out
that none of the rolJing year-to-day conlparison percentages aze negative.
Every year there s an a.nomaly with regard to statistics a.nd 2008 has proven to be no exception. Due in
la,rge part to the method the Ancestry Plus s-ubscription database uses to tabulate use, the yeaz-to-date
increases far database searclles and retrievals are 159% and 108°,6 respectively.
Adult services grogramnung: In the first quarter there were 23 adu.it programs and 11 instruction classes, ti7ith the
quarter being al] about the "Big Read;' as 14 of the programs were "Big Read" events. Book discussion
prograntis launched at Spokane Valley and Moran Prairie f..ibrazies.
Outreach: We visited an average of 31 adult facilities each month, although that number increased to 33
in March after letters went out the 13st week of February to adult facilities that we azen't currently
visiting. A.nother will be added to the roster in April.
Communiry: We presented an overview of SCLD's business resources to a group of small busi:ness
owners taking a course thxough the Greater Spokane Vallep Chamber of Cominerce and anticipate
scheduling sunilar presentations for future classes.
Youth services
Programming: The After School Spt.-cials prescmted for schvo.l-age kids in all 10 branches, cantinua:ng with
in the cultures around the world theme, wcre on Qiina, West Ahica, and Ireland and the British Isles.
Musician Eric I ierman presented programs in January and February, but unfortualately, the bad weat•her
affected attendance dramatica].ly. All progra.m plans for Sumnler T2ead.i.ng are final, with five outside
presenters, including Magicians, Musicians, and Master Gardcners.
Outreach: 100 storyiimc programs were provided to 1,513 children at 41 different child care facilities.
Pa ge 3 df 5
Community: A workshop was presented at the Eastern Washington AssQci.ation for the Education of •
Young Chilciren Conference for which child ca.re workers r.eceived STACZS clocl: hours that can be used for
their annual. tirainulg requi.rement. SCLD was also represented at monthly meeti.ngs of the QRIS [Quality
Rating a,nd Improvexnent System] and Spokane Regional Chi]d Care Initiative, the latter of which held its.~-- .
February meeti.ng at Spokane Valley Library. DISTRicT • D• •
Boazd of Trustees atkion, January-March
Approved a real estate agreement requesfied by Conkl.in Development, related to its i.ntended appeal
ok the City of Spokane Vallej's Future Acquisiiion A.rea designation.
• Awarded the District's ja.n,itorial services contract to American Building Maintena.nce and the grounds
maintenallce contract to Greenleaf L'andscaping. • Approved an annexation mitigation agreement w*ith the City of Spokane for thE North Division
Azinexation.
• Adopted a resolution recognizing Friends of the Library organization support.
• Reaffirmed the Memberships un Organizations Policy; revised the Public Art in District Facilities
Policy arid Travel Policy.
• Decided not to place the Greater Spokane Valley LCFA issues on a future 200$ election ballot.
20081egislative session
Unless the Govemor choases to veto a library-related bill or appropriation, the following is the final
report for the sQSSion.
• Levy lid lifts (E5B 6641): The Senate bill requ.iring an expLicit ballot title statement if any lype of lery
lid lift is to result in a permanent properiy hax increase (actual taxes, not levy rate) was approved by
bnth houses and has been delivered to the Governor.
• School library funding (ESI-IB 6380): This Senate bill d.idn't make it out of the House, but some of thr~ "
funding it included made it inta the budget (see next item).. :
• Supplemental budget: In a bad year for the supplemental budget, it was actually a pretty good year
for libraries. fihe budget bill that was approved included the $341,000 f.or full service continuation at
the Washington Talking Book and Braille Library, half of the $1.5 m,i]lion requested for commu.nity
college state-wide d.igital resources, and $4 million for school library programs.
2008 property taxes
The Spolcar►e Cou.nty Assessor's Office provided final numbers for SCLD's taxable assessed valuation,
levy, and Ievy rate, all of wluch are eJose to eazlier estimates.
Fi.nal October 12 estimate
A.SSessed valuation S20,163,774,450 $20,206,439,150
Property tax le $9,135,343 S9,09201
Le rate $0.45305722 S0.44999919
Spangle annexation
In the March 11 election, Spangle's voters strongly supported SCLD's annexation and even approved a
levy to pay far it. We'll be mailing a welcome to all Spangle households that will include service
infarmation as we11 as a library card application.
AGORA awards
SCL.D was nom:i,nated for a Greater Spokane Incorporated AGORA Award for Business ExceUence in a
non-profit category and is now one of three finalisfis in the group that also includes the Spokane Regional
Visitars and Convention Bureau and Washingfion State Urtiversity Spokane. The awards ceremony will
take place May 28 at the convention center. ,
1
, Page 4 af 5
City annexati_ons of unincorporated areas
Besides a final resolution o# the North Division Annexation rnitigativn agreemp-nt with the City of
. Spokane, there are three additLonal [ity annexations that'v►rould remove territory horn Distritt
~ bowndaxies_ '1'he City of Spokane is working on the Upr.aver Drivc and Gre"eld Estat-es arnexataons,
and the City of Aii-way Heigbts has pfoposed an az-tnexation.
Briefly - The Class, Molders, Pottery, PI astics& Alfied Workers International Uruon LocaI #289 fhat rneets
monthly in the Argoncte nneeting room donated $200 to thc library_
■ Ux,Lique Ivlanagerxtent Services, our oollection agenc}t, reported that since we began referring accounts
in May 1999, tite rate of ret-umhas been $7.01 for ever.y $1 .00 invested for d}e 26,761 accaun#s referred.
The total recvvery af $1,045,$75_50 includes materials, cask an(f amounts uFaived.
D ■
Cvllcction Services
■ Ordered 5,123 titles and 18,118 capi.es during #irst quartex 2008. There was a net increase, after
weedyxg, of 1,372 Ftems year-to-datie compared, .
o D.tstrict-wide book d.isplays and book lists were, ,'.f'hey said 41FWT was `tlle war to end an war.s,' It
!!X ifyJLerie~ ~ FiF1L1~. ,rla4eh+fF ~eb1 LA4~), 4+nd FFFack or rictian" (k*1~~), ~
wasnrt.+F I I~+' LLI~y)f s~~~
Communicatinns
a in cornmunity relations f public information other than ffie LCFA clectian, aeated Library Legisla#ive
Day paclcets; assisted witb AGORA Awards su.brz}issions; began dxaftulg 2007 annual report;
developed a_Spangle welcvme mailing io go vut week of Aprg 7; coordinated artd sNffed Spokane Vallcy Chamber's azinual business fair. . ~
$ In other media relatiomf publicity otltier than the LCFA elec-tivn, drafted and d,istributed "Big Read„
~ kick-off and prograrns release; dsstributed nexv booFc club announcernenfi; drafted and d.istributed
Spolcartie Is Reading announcerxrent-, sentSpangle axu:fexation irtforxna tivn to the Nonh PaXouse ]ourlial,
Human. Resources
• Recl'o.ited for 9 positions ar.d hired for 8; 5 employees terrninated; 2 promodans; 2 position
reclassifieations, aniJ no transfers. 41Cicked of f the LVellness prograrxr for 2008, "New Year, New You,,, wx.th 22 employees warking toivard ,
improving their health. -
. Essentral Skiils fvr SupL,~sors, the 16 hour braining program far znanagers and supervisoes, was
campleted on February 811,. . Lnformakion Technology . a I Lired a new 1T Operations Assistartt 1 whv sta.rted war1< oxi January 16 and a new NTetwvrk
Admitiistrator, wlto beg,rr work on FebrtLary 1.
0 Fxpanded he].p desk hovrs (inclrxdix+g Saturdays, Svndays aiid evenings unti17) on February 17.
e Ia3stalled a new Spam sppliance txj better fiXter out the spam corning to our mail server, wbich
arnaunt:~; to $596 to 9596 of utcoming eFnasl that that hits our server.
0 Installed Five new Early.Literacy Stations fvr children ages 2-8, Fiuxance, Facilities, 8E Purcltasing .
dSnoxv rernoval cosrs totaled almast $3,600 in January and exceeded $6,000 in February.
¢ The estirrate to repai,r the snocv/ ice dauxage to the Deer Park Library roof is approxirrtate.ly $6,500,
nlvst of which will be cvvered by insurance_ "
~ o There's been no change in the National Maintenance Contrackors UI compliance situation, We
cvntinue to hold $31,000 in outstandirg parnents, less $1,500 far ri~-ke}Fing two facilities.
-
. . o4/14/os
Page 5 oF 5
S`~pokane
ValleyR
11707 E Sprague Ave. 9 Suite 106 o Spokane Valley WA 99206
509.921.1000 * Fax: 509.921.1008 9 cityhallaspokanevalley.org
Memorandum
'I'o: navid Mercier, Gity Manager, and Members of Council
From: Mike Jackson, Deputy City Manager
Date: April 24, 2008
Re: Quarterly Report - Summary of January - March 2008 Activities
Human Resources
Recruiting/Employment
•'Ihcre are a nutnber of newly filled positions and recent position openings. Following is the recruitment
status of cach position.
Pnsitinlr - - - Statrts - -
Accountant / Budgct Analyst New 2008 position Hired
Accountant / BudRet Analyst Iteplacement - Otler Pending
Accountin Technician Re lacement - IIireci
Administrativc Analyst New 2008 osition - Recruitin
Administrative Assistant - DCM Replacement - Recruiting
Assistant Engineer New 2008 positic►n - Hired
Associate Planner Replacement - Ilired
Database Manager New 2008 position - finalizing job description
Enginecr Technician I New 2008 position -I Iired
Engineer, Stormwater Rcplacement - Rccruiting
Human Resources Manager Replacement - Rccnuting
Maintenance/Construction Inspector - New 2008 Position - Recruiting
Limited Term
[T Specialist Replxcement Offer Ycnding
' Uffice Assistant I Replacement - Hired
I Senior Eogiocer - Project Manager New 2008 position -1lired
~ Senior Ylanner New 2008 position Hircd
' '1'emporary Engineering Tec6nician-
Replacement - Otler Pending
Stormwater
I
Deputy City Manager Quarterly Report cootinued
Apri124, 2008
-2-
Business Plan
• Gurrently developing performance measures
Public lnformation
Key reporting areas:
• Media relations
• Media contacts: 53 (does not include those that were subseguently r~ferred to anuther City
re.srrurce)
• Media releases: 25, plus 16 "1'raffic Alen,
• Larned media stories: $9 (does not include all tcle0siori radio)
• Total media stories: 193 (does not include all television/rudio)
• Worked with llcputy City Manager to prepare Annual Report presentation
• Assisted Mayor in preparinb State of City presentation
• Coordinated five year anniversary celebration, includinb Mazch 31 event
• Hired public information intern
• nrrangccl fiOr ancl ccuorciinated writh C'ouncilmembcrs to NN-ritc gucst cditorials o►i currcnt issucs
Rusiness Ilegistration
• 460 - New regititralions
• 1092 - Annual renewals (llue aluiually in Urecttihcr)
Wcb Sitc
Web Sitc Summary
lst Quarter 2008 +
Janua February , March_ Year to Datc
-
~ Unique User Sessions 40,909 36,336 44,057 121,302
'I'op Five Pages Viewed
Em io menl 7,371 5,808 6,303 19,482
Communit Develo ment 922 757 1,045 2,724
GIS Ma s 917 685 968 1 2,570
Iild . 860 720 895 2,475
Public Works 756 670 751 2,177
! To Five "Referrer" Web Sites
Spokane County - Jobs 524 408 397 1,329
S kane Coun - Gov't E m lo mcnt 418 330 358 1,I06
S kane Valle Online 385 91 289 765
Count Ideas 226 199 214 639
Municipal Research (MRS(') 235 158 231 624
Spo`~k.ane .
~ Valley
4;0000 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 0 cityhaU@spokanevalley.org
Memorandum. .
To: Dave Mercier, City Manager, Mike Jackson, Dep. City Manager
From: Ken Thompson, Finance Director .
Date: April 14, 2008
Re: March Report
March highlights in Finance included:_ March financial reports
12eports showing a comparison of revenues and expenditures, to the 2008 F3udget, are attached. Sta _ff
provides inforrnation on selected operating funds at month end and a more complete report quarterly.
Gambling tax receints for 2008 are expected to be less than budgeted. We have thrce significant accounts
that have faUen behind. We will continue to monitor these accounts but full col.lection is uulikely.
Salcs tax receipt5 are about 1.99/. less than the same perioci of 2007 (two months).
~ The investrnent report is attached for your review. '
.Einance vaeant positinn
One o.f.' our AccountandBudgeC A.nalysts reeently left us for a position with Spokane Counry. V►'e have
interviewed candidates to fill this position, selected our preferred applicant and are worfcing oul lhe details
nf hcr employment. Expect this position to be Flled in early May.
2008 budget amendment
We ue gathering information to amend our 2008 budaet. VJe usually amend our budget in May and
November of each year. This item will be on the Agenda for 1he first time on April 15.
2009 budgct preparation
I3udget preparalion usually slarts in April of each year for the coming year. 1`his year will be more
ehallcnging as aur cmployees that have hancllcd this task i.n prior years, arc no longer wit6 us. Finance has
asked departments tn beain gathering informatinn for the 2009 budget.
2008 street fund budset As staff a»d council are aware, winter maintenance costs for late 2007 and early 2008 have been
substantial. As previously discussed, our plan for 2008, is to use resources of the Street Fund, reduce
planned expenditures of the Street Fund (transportation impact fee study and some engineeriiig), and then
rely on the Winter Vdeather Reserve Fund to pay related costs. Staff will monitor this budget during the
year for resuits that are clifferent from our expectations.
City of Spokane Valley -
General Fund
Budget Variance Report
For the Period Ended March 31, 2008
. Unaudited
Budget March YTD Unrealized Percent
2008 Revenwas Revenues • Revenue eal'rzed
General Fund Revenues:
• Unreserved Fund Balance $ 5,000,040 S - S 9,000,000 $ (4,000,000) 180.0496 8
Property Tax 10,496,500 207,466 230,296 10,266,204 2.19% 11 '
Sales Tax 19,165,800 1,280,030 3,234,432 15,931,368 16.88%
GambJing Tax 720,000 - 76,071 643,929 10.57°r6 2
Franchise FeesJBusinass Licensss 853,450 7,033 21,221 832,229 2.49% 1
State Shared Revenues 1.170,550 151,907 227,819 942,731 19.4655 1
Planning & Buiiding Fees 1,965,000 193,668 444,764 1,620,236 22.6395
Firoes and Forfeibures 1,300,000 140,090 382,955 917,045 29.46%
Recnea6on Program Fees 507,000 67,938 134,730 372,270 26.57%
Investrnent Interest 414,100 ' 42,827 92,835 321,265 22.42°k
Operatfng Transfers 165,000 - - 165,000 0.0096 3
Total General Fund Revenues: $ 41,757,400 $ 2,090,959 $ 13,845,123 S 27,912,277 33.16%
~
Budget Marcfi YTO Unrealized Percent
2008 Exnenditures Expenditum F-xpenditures Real'med
General Fund Expenditures: .
Legistative Branch 319,991 14,693 96,162 223,629 30.05% 4
, Executive 8 legislative Support 957,076 91,647 224,365 772,711 22.50%
Public Safeiy 19,297,300 1,402,210 2,770,795 16,526,505 14.36%
Operations & Administrative Svcs 1,655,707 96,985 271,588 1,384,119 16.40%
Public Works 789,437 78,019 187,358 602,079 23,73%
Ptanning 8 Community Dev. 3,563,139 248,923 666,850 2,896,289 18.729b
Library ServlCes 20,000 - - 20,000 0.009'0 7
Parks & RecreaBon 2,644,420 71,377 247,628 2,396,792 9.3696
General Government 3,417,988 252,122 548,450 2,869,538 18.0595
Total Generel Fund Ezpendkures: $ 32,705,058 8 2,255,976 $ 5,013,196 S 27,691,862 15.33%
411512008 4:39 Phl
City of Spokane Valley
Other Funds
Budget Variance Report
For the Period Ended March 31, 2008
Unaudited
Budget MarCh YTD Unreal¢ed Petcant
2m B.emues Symu Seyoue @22lized
Other Fund9 Revenues:
Street Fund $ 5,875,972 $ 156.626 $ 332,641 $ 5,543,331 5.6696 13
AAerial SVeet Fund - 2,070 4,954 (4,954)
Tra41s and Paths 30,000 105 281 29.719 0.94% 6
HotellMotel Fund 668.000 25,744 56,133 611.667 8.4096
Civic Faalitfts Replacement 397,000 1,036 2,378 394,622 0.6096 9
Debt Service - LTGO 03 600,000 - - 600,000 0.0096
Capital Projects Fund 4,420,000 92,513 181,643 4,238,357 4.11% 5
Specisl Capital ProJecta Fund 4,420,000 92,984 183,830 4,236,370 4.15% 5
Street Capdal Projecls 7,354,023 - - 7,354,023 0.0096 5
Mirabeau Point Projed 454,000 944 2,166 451,834 0.48% 6
Street Bond Capdal Projeds - - - '
Capdal Grants Fund 7,176,000 - - 7,176,000 0.00% 5
Bartcer Btidge ReCOnstrudion 5,862,800 - - 5,862.800 0.00% 5
Stormwater Mgmt Fund 3,160.000 46,515 57,574 3,102,426 1.62% 13
EQuip. Rentai 8 Replacement 780,000 2,140 5,068 774,932 0.65% 13
Risk Management 217,100 38 188,081 29,019 86.63q6 12
Reserves:
Centerplace Operatmg 335,000 874 2,028 332,972 0.61% 9
Servioe Level Stabilization 5,400,000 13,535 31,073 5,368,927 058% 9
winterweatner 560,000 1,449 3,327 556,673 0.59% 9
Parka CapHal 4.260,000 2.389 (141,456) 4.401,456 -3.3296 15
Civic Buddin9s 5,085,000 14,841 34.106 5,050,894 Q.6796 9
Total Other Furbs Revenues: f 57_054.895 $ 454-Q43 f 943.627 S 56.111_268 iim
Budget March YTD Unrealized Percent
2m Emenditutes Exnendrtures Expenditut~ Realized
Other Funds Expenditures:
Street Fund $ 4.195,304 $ 601.043 $ 1,284,257 S 2,911,047 30.61 % 13
Arterial Street Fund - - - '
Trails end Paths 30,000 - - 30.000 0.00% 6
HotellMotel Fund 666.000 - - 668,000 O.OOYo
Civic Faalities Replaoe+nent 397,000 - - 397,000 0.00% 6
Debt Service LTGO 03 600,000 - - 800,000 0.00%
CapiWl Projects Fund 4,420,000 - - 4.420,000 0.0096 5
Special Capital Projetta Fund 4,420,000 - - 4,420,000 0.0096 5
Street Capdal Projeds 7,354.023 22,731 34,231 7,319,792 0.4796 5
Mlrabeau Point Project 454,000 - - 454,000 0.00% 6
Street Bond Capdal Projecls - - - '
Capkal Grants Fund 7,176,000 23.115 34.312 7.141,688 0.48% 5
Barker Bridge Reconstruction 5,862,800 4,070 73.373 5,849,427 02396
Stormwaler Mgmt Fund 1,963.944 89,340 135,231 1,848,713 6.8296 13
Equip. Rental & Replacemnt 760,000 (2,379) - 780,000 0.00% 14
Risk Management 217,100 - 187,048 30,052 86.16°,6 12
Reserves:
Centerplace Operating 335,000 - - 335,000 0.0096 6
Service Level Stebiization 5.400,000 - - 5,400,000 0.0096 6
Winter WeatMr 560,000 - - 560,000 0.00%
Parks Capdal 4,260,000 1.767 6.364 4,253,636 0.15% 5
Civic Buildings Capital 5,085,000 10,805 32,357 5,052,643 0•64%
Total Other Funds Expsnditures: S 54_198.171 L 751.492 5-747.173 S 52-470.998 3.19X
4;15r:00e 4:313PM
City of Spokane Valley
Investment Report
For the Month of March 2008
Total
LGIP' BB Money Mkt*' BB CD Investments
Beginning $ 40,568,931.83 $ 1,641,348.57 $ 1,048,944.59 $ 43,259,224.99
Deposits 1,620,711.66 - - 1,620,711.66
Withdrawls (3,500,000.00) - - (3,500,000.00)
Interest 106,488.91 3,104.18 - 109,589.09
Ending $ 38,796,132.40 $ 1,644,448.75 $ 1,048,944.59 $ 41,489,525.74
Balances bv Fund
General Fund $ 11,918,147.20
Street Fund 2,684,142.91
Arterial Street 806,567.95
Paths & Trails 23,680.83
HoteUMotel 436,822.92
CenterPLace Operating Reserve 340,593.83
Service Level Stabilization Reserve 5,273,973.37
Winter Weather Reserve 564,756.76
Civic Facilities Replacement 403,635.06
Capital Projects 4,239,564.41
Special Capital Projects 4,921,295.04
Mirabeau Point Project 367,655.98
Parks Capital Project 930,987.53
Civic Buildings Capital Projects 5,783,060.74
Stormwater Management 2,005,993.98
Equipment Rental 8 Replacement 773,975.69
Risk Management 14,671.54
$ 41,489,525.74
'Local Govemment Investment Pool
" BannerBank
~
FOOTNOTES
1 Received quarterly -
2 Three accounts in arrears .
3 Transfers are made quarterly
4 AWC membership paid in Jan.
5 Capital projects often take a number of years to plan, engineer, acquire right of way and
construct. 6 No projects planned in 2007 7 Small amount of 05 library tax due district
8 Estimated, pending 07 review
9 Interest earnings 10 Most etauipment fully funded in late 05
11 Most tax received in May and Nov.
12 Ins premium paid in Jan. 13 Beg. Bal. included which distorts the % realized ~ 14 For replacement of vehicles 8 computers
15 Temp entry while we bill county for pools
4115J2()08 4:39 PM
S00igike
y~
1 t 707 E 5prague Avc Suitc 106 ♦ Spoknne Vallcy WA 99206
509_921.1000 ♦ Fax: 509.921.1008 • cityF►allospdcanevalley.org
Memorandum
Dabe: April 17, 2048
To: Dave Merder, Mike Jackson, Mayor Munson and City Coundl Members
From: Michael D. Stone, CPRP, Director of Parks and Recreadon
Re: Parks and Recreation Frst Quarter 2008
I wanted to take this opportunity to thank each one of you for the trust and support
you have shown me as I joined the C'ity of Spokane Valley family. I have been
extremely impressed with the dedication and passion demonsaated by the entire Gty
staff. It is a wonderful opportunity and I am honored to be here.
Adrninistration and Parks:
• Work an the next Green Acres Neighborfiood Park Grant continues as our
submittal deadline approaches.
a Recrumng will begin for our vacant Administrative Assistant and Maintenance
Worker positions.
• We have finallzed the scope of work for the Children's Universal Park and are
beginning to negotiate a fee so we can initiate a contract and begin the pubiic
process.
• The pool renovations have begun on the bathhouses and are going well. Work
will continue unal ]une at Terrace vew and Valley Misslon wfiile work at Park
Road wfll proceed through the summer.
• Park Maintenance activities have picked up fn recent weeks. Resb-ooms and
water systems have been acctivvated and grounds malntenance such as mowing,
litter, etc. has begun.
• 99 park reservations have been taken the first quarter of this year.
CerftrPlace:
• Nine respoRSes were received for the CenterPlace ]anitorial Services Request fvr
Proposal. APoer review, the contract was awarded to ISS Faalities Services. The
contract was effiective March 14 and has four renewable yearfy options. L55 has
experience with cleaning event facilities as tt►ey have the janitorial contracts for
the Spokane Convention Center, Spokane Arena and the INB Performing Arts
Center.
1
• The Marketing Plan is being implementetf. Advertising has been placed in the
Spokane Convention and Visitors Bureau Ysitors Guide and Convenbon and
Vsitors Bureau's Meeting Planners Handbook. Per the Marketing Plan, we have
also solicited bids for updating our website and developing partner klts. Staff
has started meeting with a few of the nearby hotels to talk about advantages
and mutual beneftts of utllizing our space.
• Carol Carter our Coordinator was interviewed by Steve Mumm at Comcast for a
five minute advertlsing spot which was aired before CNN news. We received
several phone calls regarding resenration informatlon from the interview.
• CenterPlace sbff took 172 re.servations this quarter. Tre breakdown of 2008
events are as follows:
CentarPlace Event&askdown
4N ,
29~ ■ Banquet
25% 19,_ ■ Comrtiundy Evant
a Furxlraiser
p Gratluation Caremo'ty
~ 3296 ■ AAeeGng
■ QanCe
1\ , ■ PrNatt ?arry
- D Sermar
a WeddinglRe:apn,n
1st Quartor CenterPlaco tirents
2?0 -
al~~ - 150 _ - - - - - ~ ■ 2D07
1 D7 - - - - - ■ 2069
jn -
a~
~
,
1st QuarCsr CenterPlace Rsvenues CenterPlace 1st Quarter 6cpenses
S400,000,00 -
5350,000.00
5300.000 03 - ■ Total Ftopctsd
Revcnue for Ne I
5250.000 00 - - Year , I
5200,00000 - . ss~s.v~ 7 ,~:coe•ro~.adr.*•• ~
5150,0OO.OD ■1 it QV Revsnus' ' I coM.ou u ai i«uao....+
Retelved o a,u~c.
5100,OQ0.00
SSOAOO.Oa -
s• ' tWAN 30
_.:.9
2007
!st Quarter Revenues vs. 6cpenaes
.,s
~ WsY8nu0f
~ izCri~n~r?6
s9x
Represerttative new events booked in ist Quarter of 2008 include:
Spokane Mountaineers Advantage IQ
Holistic Festival Avista Carporation
Cena Corporation RM Motivatlon, Inc.
Spokane-Kootnai Real Estate Research Cricket
Landed Gentry Homes Allstate Insurance
Gensco Heatth Systems Alliance
Lowes Dede Henley
Spokane Teachers Credit Union Ni{es Insurance
Westem States Equipment JCC Ltd.
;
Recreation;
• Spring/Summer Recreation Guides have been pubiished and distributed. Since
March 24th, there have been 130 Summer Program Registrations.
• Conduded oniine survey for summer outdoor movies receiving over 100
responses.
• 36 Registrants for Jan. - March Preschool pragram: 64% Cost Recovery (1will
evaluate prvgram aRer Apri/ -June season- ma.7vrity of expenses arz sbf~`'ing)
• 14 Registrants for Fun Fitness for Kds: 110% Cost Recovery
• 18 Registrants for Parents Night Out: 164% Cost Recovery
• Studerrt Advisory Council Halo Toumament had 15 registrants 142% cost
recovery
• Conduded pre-season Aquatics meetings with the YMCA and Gty Staff
• In the process of hiring Recreation Assistants for summer programs
Senior Center.
• The new board of directors took office in January following the election in
November. President: Mary Alice Nelson, Vice President: Pam Orne, Treasurer:
Carol Peterson, Secretary: Pam Funseth.
• The pool room was open on two Saturdays in March, the first and the fifteenkh.
It seems to be of interest to men in tfie community.
• The WSU Nursing students completed their quarter of community health
curriculum at the end of the month. During the nurses time at the center, they
offered blood sugar and blood pressure chedcs, general health questions, healtny
eating segment and a spa day for hands and a spa day for feet.
• The greenhouse is full and there are at least 8 volurrteers who are planting
vegebbles and preparing for the sale fn May.
• Pickleball continues to grow in popularity; there are now 33 peopie who play at
the HUB on Tuesday and Thursday.
. The book club is also growing in popularity, this group meets once a month afrer
reading a book they have all selected and get togethef to discuss the book.
• The coffee shop w'rtfi tfie bakery items remains a popular activity. The cofree
shop is open Monday, Tuesday, and Wednesday from 8:30-11:30 a.m.
• Four different art classes use the craft room on a weekly basis. The medium
taught is from basic drawing to advanced drawing, and watercolors.
• The senior center association bus is not in service. Through investigation with
the Department of Transportation, it was discovered that since a fare is charged
for riding the bus, the insurance needs to be increased and regisrtration witfi the
state is necessary. The fees prohibit the operaGon of the bus, plus a five million
dollar insurance policy is required. The association decided to carry only the
necessary insurance to cover damage while it is parked.
• B+ngo stll has at least 90 attend on a weekiy basis.
Please feel free to contact me anytime if you have questions or concerns.
4
i1Z E MU
'1'O: DAVe Mercier, C'ity MAnager
FROM: Rick VanLeaven. Chief of Police
DATE: April 14, 2008
RE: Moathly Report Marcb 2008
Marrh, 2008: March, 2007:
C,All incidents: 4,932 CAD incidents: 4,931
Rcports taken: 1,590 Reporis taken: 1,461
"Traffic stops: 1,716 '1'raffic stops: 1,559
Tr-aftic mports: 384 Traffic reports: 337
CAD incidems indicate calls for ser-vrice as well as self-initiated afficcr wntac:ts. Attached hi>t
spot maps show March residential burglaries, March commercial burglaries, February and March
stolen vehicles, and March traffjc collisions. There are atso mags showing the comparison of
uaffic collisions from 1900 to 0459 hours, and from 0500 to 1859 hours. 7his month wc havc
also included mars showing malicious mischicf hot spats and vctuclc prowling hat spots for
March.
ADMIN 157'RA'I'IYE:
♦ Chief Vanl.euven met xvith several City of Spokane V alley staff to discuss overweight
vehicle legalities.
• I-le also mct with Eldanna Shaw of the Spokane Vnllcy Chambcr of Commeru to discuss
Spokane Valley crime tmnds and ways in which thc SVPD might partncr with the
Chamber as resource for the benefit of the citiLens of the commutity. Ms. Shaw sbared
Spokanc Valley brochures and maps to be placod in the lobby uf the Spokane Valley
Pulice Departmmt for availabiliry to visitors and community mcmbcrs.
• A tuidan-t'ree training symposium, ca-hostod by the Federal Law Enforcement 'I'raining
Center (FI.ETC) and Spokane County Shcriffs Office, was held in Spokane County in
March. FLETC provides limited aumbers of this type of law enforcement vaining, and
Spokane County was one of only three venues selected for 2008. Betvveen 200 and 300
law enforcement representatives fram ihroughout the naiion wctrc in attendance at the
nwnerous training wnrkshops presented during the syznposium. C'hief VanLcuven
w-clcomed thc attendces and gave brief opening temarks.
• During the month of March, Chief Va.riLcuven was "on call" for a total of 24 tw<lve-hour
stvfts for pairal lieutenants.
Page 1
COMMLiNI'I'S' URIENTFD POLICI:YC;:
♦ The third annual Neighborhood Vl'atch l:rime Prevention l:unterence \Nas held at
CenterPlace Matti:h S, 2008, %--ith the largest attendance to date--125 community and
business members. Chief VanLcuven gave opening remarks. Seminars included topics of
gangs, petsonal safety, c}'bcr safety, and scx offender crimes. Pltins are being made to host
another conferenec next N4arch.
♦A ••MaP Your Ncighborhood" community mccting, «,a5 hosted iii N4:.jrcEi b?• Veighborhooil
Watch at Ponderosa Elementary Schcwl. "Map Your Neighborhood" is a program that
teaches the nine steps to take immediately fallowing a disasier, and helps to verify which
ncighbors need extra help in a disaster, such as the elderly, those w7th a disability, or
children wto may be hame alone. Prior tu the meeting, the area was canvassed with flyers
announcing the meeting. Diana Somenzlle, Neighboncood Watch coordi.nalor, nepurted a
greai response and aoted that she is nuw in the process of updating the inactive watches
within the Ponderosa neighborhood.
♦ Chief Vani.euven atiended the State of the C'ity addncs, given by'viayor Munson.
♦ C)n'vl:irch 25, Mayor Munson proclaimed April, 2008 as Uur Kirls: Our Busincss Month in
the City of Spokane Valley, encouraging all ciliz.c= to participate in a joint effort with
other communities in the Spoknnc area to prevent child abuse and neglect A"kick-off'
eveni, sgonsored by Spokane Prevrntion af Child Abuse and Neglect (SPO-CAN) Cuuncil,
was held on March 28 at Fort W'right Mukogaw•A lnstitute, and Chief VanLeuven joined
other law enfart;ement leaders, inCluding Clucf Aane Kirkpatrick and Shcriff 07zic
Knezovich, in attendance. Rick Scott of S.C.O.P.F. also arieoded.
♦ EZick Scott of S.C.O.P.E., Diana Somerville of Neighborhoucj V4'atch aiid Crime
Preventian Depuiy Gre:g Snyder helped to crlcbrate the five-year unniversary of the City of'
Spakane Valley hv setting up display tables at CenterPlace wben s celebration event was
held for the community. S.C.U.P.E. Director Rick Scott also reported that 40 chilcjren
were fittcd for and rec;eived bikc hclmets ai the anniversary celebrutian; thc hcimets w•em
purchased and provided to S.C.U.P.E. hy the City of Spokane Vallcy. Several staff
membcrs firom the Spokane Vallcy Police Department atteaded the celebration event.
♦ Twenty-eight (28) abandoned vehicles were tagged for impoundment in the Spolanc
Valley by SCOPE volunteers, with 13 of the vehiclcs eventually towed wid 13 citations
issued. Twenty-five (25) vehicle hulks were also proce5;ed in R4arch.
♦ Spokane Valley 1('.c).I'.E:. %oltitlt;tr, contributeJ 1.793 h(;kirti iind 1.013 F►ersonal %ehicle
milrs in N1ar4h.
♦ l:.igcc11t1_S.('.( ).P.l . participatecl in the St l'atrick's i);.iy I':iradc.
f':tt-'r 2
OPER.ATIUNS:
• Training was presented to SV PD patrol ofiicers during roU rall sessions in Marc;h by Code
L•'nforcement Officer Bill Schultz of the City of Spokane Valley. Washington Statz
Gaznbling Commission representatives I:ric Gural and Mi.ke I=itzpatrick also provided roll
caJl training to the officers this month.
♦ Clvef VanLeuven. Lt. Steve Jones and Sgt. George VVigen again met with Rich Hartzell,
directar of Spokane Fair and Expo, and Valley Fire personnel reference the motorcycle
rally schedule this summer ai the fairgrounds. They continued to discuss details
ccmcerning law enforcement and Fire security provisions and lunciing issues.
♦ Officers, deputies and troopers frum 5pokane Valley Police Department, Spokane County
Sheriffs Office, Spokane Police Departmcnt and Washington State Patrol joined forces
uith Union Pac:ific Railroad and BNSF Railway personnel in a safety emphasis targeting
motorists who fai] to obey stop signals and gates at grade crossings. 'Che empbesis was
conducted with the assistanee of Operation Lifesaver, a railroad industry safety and
education program aimed at reducing train/vehicle collisions. The pwpose of the
emphasis was to make people more conscious of tr-ffic nilcs ai Spokane County grade
rmssings, and to ultimately save lives, and the emphasis resulted in the issuance of more
than 70 infractions fdr railroad crossing violations.
• QfScers responcied to a bank- holdup alarm at the Americ,~an West 13ank branch Qn
Appleway, and found the suspect bank robber seaied in the lobby awaiting their arrival.
The suspect hed approached a teller and demanded money, but she rcfused to give him any
rash and in.nead hit the alarm button. The would-be robber asked the teller if she had just
ralled the polire. and aftcr lc:arning that she had, he sat dnw•n in the lobby and waited for
them.
• Panbundling:
On March 14, Chief VanI,euven rode H•ith Deputy Rob ICing in his pavol car to monitor
panhandling presence on the streets of Spokane Valley. In doing so, they discovrrrd a
camp/ dumpsite near the Mi.rabeau Hotel, and photographs were taken to document the sitc
and the homemadc panhandling signs that were located thcre. This infonnation ancl
photograpls were forwarded to Chris Berg of Cade Enforcement, who then had the canip
clistnwitle.d aiid cleancd up.
1'he manager ot'krispy Krcme doughnuts complained that panhancilers come into the shop
and try to get free coffcr, ansi mess up the rcstrooms. An officer responded and observed a
male parf+ his car in the Krispy Kreme parking area and tben walk to the intecsection of I-
90 and Sullivan, where hc began panhandling. According to the manager, this is a daily
occurnenee with the male.
'lhere were seven alher complaints ol'panhandling during the month. ('wo of'thc pcrsons
contacicd were faund to have warrants and were subscquenily booked into jail on the
"wrants. One subject was carrying a sign saying he had been robbed and needed money.
The officer who contacted this subject found no evidence or proof thal the panhanJler had
been thc N-ictim of a robbery, nor had the subject reJxorted a mbher`- to the polire.
Page 3
2008 MARCH CRIME REPORT
Mar-08 Mar-07 1108 to daba 07 to daba 07 Total 06 Totel 05 Total 04 Total
BURGLARY 49 4111 159 137 584 714 744 997
FORGERY 27 3311 93 105 365 334 464 465
MALICIOUS MISCHIEF 69 98 172 292 1,265 1.122 9134 1,224
NON-CRiMINAL 68 67 242 173 839 811 749 916
PROPERTY OTHER 81 82 190 222 890 962 1,154 1,665
RECOVEREO VEHICLES 36 35 85 92 343 403 333 390
STOLEN VEHICLES 63 52 134 142 478 711 603 57-t
THEFT 138 177 414 473 1,881 1,888 2.256 2,853
UIOBC Q 1 1 2 8 11 8 10
VEH{CLE OTHER 1 1 1 1 3 3 5 40
VEHICLE PROWLING 114 48 281 193 682 937 958 1,382
TOTAL PROPERTY CRRMES 666 633 1,772 1,832 7,338 7,916 8,176 10,519
ASSAULT 70 73 205 191 853 846 894 880
DOA/SUICIDE 28 18 69 52 221 187 159 164
DOMESTIC VIOLENCE 83 67 258 205 874 736 762 755
HOMICIDE 0 0 0 0 1 5 1 5
KIDNAP 1 3 8 5 23 22 35 24
MENTAL 28 36 82 87 350 425 425 386
Mp 8 2 19 13 83 68 97 106
PERSONS OTHER 98 106 302 306 1,337 1,159 1,256 1,624
ROBBERY 7 fi 18 14 60 58 56
TELEPHONE HARASSMENT 3 4 14 22 73 83 92 1
TOTAL MAJOR CRIMES 326 317 975 895 3,875 3,589 3,7T7 4,1
ADULT RAPE 6 a 16 12 43 29 39 37
CHILD ABUSE 22 7 49 29 104 76 101 126
CUSTODIAL IN7ERFERENCE 3 6 15 17 92 105 BS 205
SEX REGISTRATlON F 2 0 2 1 4 3 6 4
INDECENT LJBERTIES 1 4 2 8 18 15 9 21
CHILD MOLESTATION 4 4 14 9 46 69 67 77
CHILD RAPE 8 0 14 4 31 62 35 30
RUNAWAY 37 2688 84 295 309 311 437
SEX OTHER 23 19 59 50 194 203 181 162
STALKING 1 2 8 5 77 17 27 35
SUSPICIOUS PERSON 12 13 33 32 152 177 244 341
TOTAL SEX CF2ANES 117 86 300 251 996 1,067 1,108 1.475
DRUG 97 $7 215 212 607 665 891 999
ISU OTHER 0 1 0 1 1 0 0 7
TOTAL ISU 97 88 215 213 808 665 891 1,000
TOTAL TRAFFIC REPORTS 384 337 1,007 901 3,800 3 345 2,403 2,776
TOTAL REPORTS RECEIVFO 1,590 1,461 4,269 4,092 16,817 16,582 16,357 19,962
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, , ,
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
MARCH 2008, MONTHLY REPORT
LONG RA/YGE PLANNlNG:
Planning Commission
The Spokane Valley Planning Commission met three times during the month af March. The
Commission held a pubiic hearing, which was continued to the next week regarding the Sprague
Appleway Revitali2ation Pian. The P(anning Commission had another pubiic hearing at its
second tegular meeting, a unifortn code art►endment ragarding load doors in industnal zanes;
afterward they began the deliberations of the Subarea Pian.
City Center Project
CIearPatfi, LLC, coritinues negotiations with the University City property owners on the west side
of University Avenue.. Bob Gibbs has a marketing package ready to deliver to potenUaf
devalopzrs. A letter of Intent has been drafted for the property wvner's consideration Staff has
intervlewed three qualified applicants for the Planned Action Ordinartce for the City Cc-rtter
proJect
CTED Regianal Collaborrtion Grant Project
The last Corrtmitiee meetiN resulted in the tollowmg mformation Mike Basinger is the lead on
this projed The Canm'ttiee tentativety planned a Public Offlciafs Luncheon for May 28, at Centes
P1ace. Berlc and Assodates (Brett ScheckW) raviewed the scope of work fw stvdy and noted the
iimited scope due to the small budget Berk and As.gociatas will be using the findings of the
rapoR prepared a year ago 'A Fisql Look at Spokane Counry UGA' The Commitiee dlscxrssed
a passible case study of one Metro UGA from a Clty's perspective. The Commiriee also
disaussed preparing a presentat►on for State APA confere►ce in the fall (Phass 1 af worlc plan).
Urban Grcwth Area (UGA) Boundary
City sfaff, an an ongoing bas+s, has been parbcipaGng in the regional Planning Techniral Advisory
Cammittee (PTAC) regarding the update of the caunty UGA and other regional issues. This
group meets typicalty on a weekty basis ard has been fa:used on the UGA issue for the past
several weeks. The Granrth Management Steering Canrtuttee has tentativety scheduled a public
haanng at thAir May mseting on their amendment to the Countywide Planning Policies regarding
the UGA
2008 Comprehensive Plan AmendmentsNpdates:
Th2 City received 8 privately iniGated comprehensive plan amendment appllcations by the
November 1, 2007 deadline In addition, staft identfied seweraf camprehensive pian text
amendmeMs necessary to etther update exisiing informabon or to cared inaccurate infamation.
City statf has been reviewing the appticatioRS, fssuing SEPA deterrn4-tapons and has begun
preparing staft reports on the proposed amcndments. These amendments are scheduled to go
before the Planning Commission at a study session on Apn124, and a public hearing is scheduled
for May 8.
Page 1 of 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
MARCH 2008, MONTHLY REPORT
CURRENT PLANN/NG:
Revenue tor the Ptanning Division for tne month of March was 515,927.
2U08 Planning Revenues
55G JJU
140 000 - - - -
S?]J00 - _
S_JOOQ
, ?Y
f I :I .;r
~dr Fe~ lufar f,prt t.Stv J~' e J,dy F.i) SZS+~ OCt ft.w [7c
p Re+rentr 2008 W-- 1 Revenus 2007 -d- RQVerva 2009
During the month af March, Planning Divisfon staff held 12 commercial pre-appiication meetings
and received 23 cammercial building permits. Staff conducied four tand use pre-applicatipn
meetings and one pubJic heanng was conducted by the Hearing Examiner in Marct,
Environmental Deierminauons were issued ori a 25 unit apartment building and a 22,000 sf
building for Waste ManagemenL Planning Divislon staff appcaved nine commeraal buildina
permits, which inGudes a 25,Q00 st Comerstone Penecostal Churcti, 251,p00 sf office space and
parking structvre for the Riverview Corporate Center and a 19,040 sf addftion to a meLal
fabrication business ovvr►ed by Nartlivrest Melallunga:al The Divisian answAred 252 phone calls
in the permi# center, and helped 304 customers ;t !h= Soun? -er
2008 PeRnits lssued
~
s:; I r ; _ - ~ , - , - - - - -
2C
~
i~ •
.lxt Fab Ww Apr Aby Jun .lul Aup Sep I Ckt Nov i dac
O:DIi5 25 70 18 • -I - -
_am= 21oo7 57 11 ie ~,e zo 16 1 iB ie s j a ~i, -
r-- 2006 44 ~ 25 36 34 32 23 32 35 24 i 21 i 19 j5ri
Page ' o` B
~ CITrrOF swOKaNE vALLEY
CON1MUNITY DE'MVELOPM ENT
MA~CH 2008, MOhITHLY I~EPOFtTi
2008 !M[ew Land Use Acborzs
40
_ - - ~ -
20,
10
~!JW Av ~mly ,!un ,hd +au9 ~ S~ I cCr I MN Taic
14 ya ~ ,a
i
~2001, TD j aa ~ 17 12 }a i 14 i ia ~ 17 12
: 21 ;9 . 30 za 27 115 25 ~ 20 ,7 ~ 19 9 a
#3'UlLf7lNG f.1IVJSJ+C?N.
I he BUlldl~g DIYIMori iSSued 323 perrrtits in MafiCh 2008, COmpared with 34A 'Fof tI'pe s8rne pe:nCrd
last year. ~ew 4ne 3nd t1Nlo dWe1l9fFg UI7tt StTUctur8 pefrnftS tC7ialEtd 45 afkd 0?Lfiw coi17['E]ercial
structtrre perrflb fataled ~rve far the mcanth o! Mar&,
~ 2008 cONsT FdJCrIDN PERM ITs
- - _ ~
i
JNMLM
.111 _ Z-4 r hPP ~ 04y #m arp j +4Kp S?,
,
W-3`~JdL Purnill 274 m
~ 2?G" ProTfu :13 ~ j w-TA ~ +k:i 311 3m ~ 3B~ ' .,~~4 ~ 4?1
s -
I T~5 P~ 7!5 I ~ 1 r4 ~ NT j =3 3V 3[S ]d~ 711 21:
2DD8 New Strvctur~sdU nits f~errnttted
3'J
a~
,63M Fab hlE *pf ' Mef .1lm J!p A.ug Smo Coer hiaw ?:O:-
_ ;,w okrg Utz 45 ~ . ,
~Lkdl~f~:tllrl~F•s ~ # $ 'I , . -
ragA .3. of 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
~ MARCH 2008, MONTHLY REPORT
BUlLDlNG D/V/S/ON COIYTINUED:
ln MarCh 2008, building inspeCtotS petformed 810 inspecuons in 21 d3ys i nis avcrages 38 9
inspections per day The Ptans Examiners reviiewed 45 projects in the month of March and tnere
were 10 prajects awaidng review at the end of month. Additionally, ihere were 483 nght-of-way
in5pections performed dunng the month of IAarch Four over-ihe-cauntar per.ni's were issued in
the monih of Marr-h
2008 Buiiding Inspections
- - -a~-- T _
' ~ 11
O I ~ r - - - - - -
il cn IIr /.7 {iY' .M~ 1A I AG UN OC Abv ~ L
i_ '2)uu131sa.~m W a2d I.e - . I
~I +4 q,u ~rt 13a I !M r2es pe ' Ael
700tMrMem~ 170 ~ of1 W 1pt ~ 1•31 •pm ••a •:115 ttQ t2li i1cs ~ [11
The reported value of construction, incfuding new sVuctures and additionslalteration is shown in
tfie following c'iart, comnaring these values with 2007 New value far March 2008 to:als
$8,428,610.00
2008 Valustlon of Construction
s_5.OMV.uo0
S29,OOp,000
1 2008 Valuet+on
S : 5.000,090
( • ~ 2007 VaAiaDm
5, o O00,000 SS.DU0.000 ~ I 1 I - - - ` 1--
~ -1 IL 1
Jen Feh Msr Ppr Mey .hrte July Atq SeW Oc1 Nov Dec
3uilding revenues for tfie month of Marcli were $162,985. This is a 51.5% fncrease from 2007
2008 Building Revenues
L'Ji, Wtt
f~~..tW I ` _i _ . , ' I<°_~F-IJ°_S•~^ f~Q,t ~ 'r _ ~ _ C 2007 ReDnUe-
- i ' - ~ " - :.5: JLY.S ~ . „ t ~J I~E1811~:
~f t~u,~ ~i,'" t~_ I~
Jn Ftl IW AOr Maf' ►me -u!' Ay9 Sw OCf Wv :e-,
Pageaoi8
~~~~~~~~~~T
MAR'GM 2008, MONTHL,Y RFPORT
CODE COMPtJANCE:
S1-ai e humt+e.r of 'VioIaUons Repyrted' on the foIiamng chark ref4ects actu2J Spokane VValfey Zearring
Code violatiorts, pdus complaints rE~c*r+,ad wl7ish were not vivlatims. The complaints recei+red ara
added to the Eotal berc-aur,,e th" ~ffed tima offtcers spent in the fieid cc,nducOng inve-ati~atinns.
in additaon, the 'Invesbgateti' arad 'Pertdtng" columns accuratety reflert Code Gvmplianca's
current abiiFty to pror;ess 3nd 6nuesbgate backlog case!s
The #oElowing ch.ad p«rovvic[e5 a rnontfiky corr-oparisoat or the h'pes o, Spok3ne Va93ey C.ode.
viofations reportesi. Violations, are reporked basel on the primary oamp9aint rec6ved. raTef than
the numl~r of aiMonaI vio[atlc7ns idenbfied on any indiv'Kdual premisi~s. rne iinvestigat;c+n o# a
co€raplaint taf punk vehiales„ lDr exarnpie, might aIs4~ tesult in Identificafion of additianal vkAatkans
Eiuch as the accumufation o# 1rash ar harborirvg of lnrestocK ThesA- are ,ot indudea in the
summary AtataI of 78 newv ~amplalnts vvere processed in Marchs
Gade ComplEsnea F91cs2M8
a00-
i
e c~a - - - -
~ . ,
M1h3f- !•.,i(-7~J.3z- t.i1_._ f4,:j .-m.lC •,=.*M n~j>- #Aaf' I
G7 Ox 07 O'l' -Ljr CIT 67 ! 07 ~ 0: 477 ~o8 q9 08
..a Pendnq Feo ~ 54 ~ M 25 47 449- 55 6.b" 53 3~ ~ ~ - m
nFla Trarts!ora b ~ aQ 4 ~ b ~ .T_ 2 7
■ A4A.t~!s ELZ 42 4!1 ~ 57 I&7 4-R •99 C=3 24 3A 1$
■ u.Na,:orm Reportea # ra 71 $o s~ ~ l &D ET, s . m 25 21 . 2FP e i';
~
~ 0; Et
~ ~ITY OF ~~~~~Y
C~~~~~~~
CODE COMPZfANGE CON77NUED:
TFte Spokane ValIey Polica i7Mepartmen~ ~n i~.onjuncki;,rrt w",th SC(7PE. ~Ias Fe-quested U)e
assistanca ofi C~ode GompEiance an iderttifying junk vehic4es ak-andDned vrithin the raght-of-way.
SCOPE voCun1acers tag the vehicfes. VeNcCes whFch have no# beera mnved by the foaaoMng Fridaa
are towed_
Activaty is corssvEidatad into the foIlaMrig six r-ategvri~zq' Environmerrf~~ (sewerlsepbc, ceitical
areas, animaB and nuinnce viciEations); Property (Right cf Way, property us~e. darngart3us building,
landilcsrd°tenant, iflegal busdness and signage vialatioels), .I+irrk Autr) - Sodid lNast~ (ScAid .nraste,
ill--gal durnping, and househo4cl waste vioEations); and C{earvrl!~w Tr~gi!q and CDMpParnt
20D8 C od a VMcrtatian~ by C ategory
-'IC
: :J - _ -r- - -
. wi
. _ . . . , . . . . . ~
■ F-OiG 4'e@G`b - 7 r3 w'
~.~~xrn a 7a_sJ ;13 '
~
~ J~.rs Au!m_ 2 1Q ~ , _ _
Ci~armisiria-NuL'kqitk~fiy 3 9 3i i
S r-~"r Y.lvw Irvnok
Page 5 oi 8
CITY OF SPOKANE VALLEY
COMMUNITY DEVELOPMENT
MARCH 2008, MONTHLY REPORT
DEVELOPMFNT ENG/NEERING:
7he Development Engineers processed 39 files in Marcti Tne significant files are rnne
:.ot-nmercial applicatiort.s, including a Secure tt Mini Siorage, a UTEC Metals additian and
upgrades to Valley Mlssion and Terrax View Poots with the addition of a water slide to pod at
tha Fark Road Pool. Fourteen commercial pre-application fifes were re%newed mcluding an office
addiGon to Wags'taif, a Salvation Army Thrtft Stora, seven Iand use pre-apps, one subdivis*n.
and three short subdivisior►s.
DewlapmeK Es+girnerftWork bq Type
t oox • -
i
ecx -
eox '
70%
i ~
'
1110%
sox
40%
sa%
mx
,ax
ex
Jun-v .1u4-117 Auq-07 5ep-07 Oet-OT Nov-07 Oec-07 Jan-08 Fetr-0a Mar-0a
■ Binding Srte Ptan ■ Boundary !!na A4ustrnent G Change d lke
• Cammeroial ■ Commerzial pth44ps ■ Condtional l}se Perrilt
■ Fasat Subdir[sian ■ Land lfr.a PreApp ■ P.ezonQ
■ Short S:bdiviaion O Slreeet Vacation
page 7 ~1 8
CITY OF SPOKANE VALLEY ~
COMMUNITY DEVELOPMENT
MARCH 2008, MONTHLY REPORT
CUSTOMER SERVICE:
Planning
The planning stafr assisted 344 walk-in custome:-s at the coun?er and handled 307 custorners
inquires by phone in the permtt center
Building Pertnits
The following table summar~,zes :he peno-mance c)41 :he Pirmit Cen'.er f,ar those permi!s en'ared
in the PLUS 5y5tem, measured from tne Ume chat the application is deemAd 'wunter-complete'
to the time that a permit is issued
Commerc[al Tirneframe Summary
Submittal to Issuance
Mar-08
U1 { tA ~
T I
0 o Value
Q~I Q ~ m
NEW CONSTRUCTION
O`ncelProfessional 1 600000 7 7 7
Struc!ure 1 210000 8 8 8
REMODEL
j A t 3 Sto or Less 1 25000 3 3 3
Industrial Buildm 1 2500 22 22 22
Mercantile 5 383032 64 15 126
Omce/Professional 6 193330 31 1 48
Recreational Suildin 1 35d00 115 115 115
CHANGE OF USE _
Mercantile 1 15000 114 114 114
Pa3e 8 of 8
I71 f fr~^
;oOValley-
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
March 2008
At3REEMENTB FOR 3ERVICES ADOPTED AND IN OPERATION:
• Street Maintenance - Counry Street Maintenance Intertocal
• Street Sweeping - AAA started winter/spdng sweeping.
• Stneet and StoRnwater Maintenance and Repair contract -Poe Asphalt Paving Inc. worked on winter
potholing.
• Landscaping Services - Spokane ProCare has stopped working for the winter.
• Vactoring Contract - AAA Sweeping removed ponding water around drywells.
• Engineering Services Support - Agreemertits witfi private engineering firms.
• Street Maintenance (Pines 8 Trent) - WSDOT Interlocal
• Solid Waste - Regional Solid Waste Interlocal
WASTEWATER:
• Proposals have been received from two firms for the design, build and operation of the Spokane
County Regional Water Reclamation Facility. We are schedule to make a final selection in late June.
• Ecolc>gy is stiil reviewing the public comments on the TMDL. We have not received a date when the
draft will be available for review. Information is availabfe at their web site at:
http://www. ecy.wa. g ovlprograms/wqltmdUspokaneriverldissolved_oxygenrindex. htm I
CAPtTAL PROJECTS:
• City Hall Project
Bemardo Wills end GGLO conducted the first programming/visioning meetings with each department
and key staff on November 15, 2007. On December 11'" they conducted two programming/visioning
meetings with all members of the City staff. On January 12"" they conducted a twa hour
programmirtg/visioning meeting with the City Council at the(r winter retreat. On January 171' and 18"they conducted two full days of detailed meetings with each department regarding speclflc needs for
individual spaces, equipment, support spaces and functionat relationships vrithin the departments and
between other departments.
We received the initial draft City Hall Pragram Iast week and are scheduled to have our first review
meeting on April 8'". We are planning to have the draK program to Council in May and will follow that
with a presentation to Council from 8emardo Wills and GGLO.
• Valley CoRidor Project
Project on hold pending outcoma of the SpraguelAppleway Comdor Sub Area Plan
• Street Master Plan
JUB Engineers is currently working on updating the Street Master Plan for 2008 and assiating in the
development of the draft 2009-2014 TIP.
• Broadwsy Ave Reconstruction - Moore to Flora (0088)
Initial project layout complete; stormwater alternatives develaped; woricing on nght-of-way plan;
Advertised RFP for Real Estate Services.
• ApplewaylSpraguelDishman Mica ITS (0062)
Met with WSDOT to review scope and schedule for project. WSDOT will provide design services for
this project; WSOOT will charge their time on this project to another grant they have: bid date
scheduled for 811/08.
• Chtidren'a Univarsal Park (0086)
Reviewed and commented on initial scope of work from EcoPIaNDesign Concepts; sent plans of
Mirabeau Meadows and Mirabeau Springs to consufiant; awaiting fee proposal so a contract can be
developed for reviEw by Council.
CONSTRUCTION
~ PlneslMansfleld (0005)
All right of way has been acquired and we have requested certfication from WSQOT. Design is 99%
complete. The final projeci cost estimate is now approxlmately $5.5M. TIB has preNminarily agreed to
approve $329,034 in additional funds. The project is currently expecied to advertise for bids in May
2008 with construction scheduled to begin in June 2008.
• Appleway Avenue ReconsVuctlon - Tschlrley to Hodgea (0016)
8ids for the project were opened on September 28t". KnNe River was awarded the project as tfie Iow
bidder for $4,585,859.95. Construction began March 17th. Knife River is currently constructing the
South half of the raadway. Signal work has begun
• Barker Road Bridpe Pro}ect (0003)
Design is complete. Right of way has been ce:-tified and we are awaiting release of construction lunds.
Utility agreements are being finelized. This project is scheduled to advertise in Apnl 2008 wftn
construction scheduled to begin in late May 2006.
• 24th Avenue Reconstruction Project (0053)
Environmental Phase complete, Topographical Survey Complete and Geotechnical Reports fina►ized
Project is fn final design and is scheduled to Advertise for bids an April 18 %vith construction scheduled
to begin in June, 2008
• Broadway / Fancher PCC Intersection (0067)
Environmental Phase complete, Topographlcal Survey and Geotechnical Report are being finalized.
Project is scheduled to Advertise for bids in June with construction scheduled to begin in July, 2008.
• Sprague ! Bowdish, PCC Intersection (0092)
Beginning environmental stage. Topographical survey and geotechnical work has begun. 8id
scheduled for July, construction in fall of 2008
• Bfoadway Ave Rehab - I-90 E8 Ramps to Park Rd (0068)
No work has begun on thfs project yet.
• Signal Controller Upgrade Project (0071)
Design complete; awaiting environmental approvaf; will use state contract to purchase controllers
Spokane County signal maintenance uenr will test, program, and install new controllers.
• Sprague/Conklin Signal (0077)
Awaiting estimate from Knife River (contractor for the Appleway Avenue Reconstruction Project).
• Broadway Ave Safety Improvement - Park Rd to Pines Rd (0063)
Waiting on presentation to Council on results of accident reduction on three-lene Broadway between
Pines Rd and Sullivan Rd
• Swtmming Pool Upgrade Project (0073, 0074, 0075)
Contractor began demolition and remodel work on existing pool houses
• Barker Road Project
Project complete. Punch list compiete. Project closeout to begin No changes
Spaidfngs Sankary Sewer Project
The projects design ls complete. This project will bid with the White Birch Project
• Trentwood Sankary Sewer Project
The contract was ewarded to Knife River Co. Construction began on July 9, 2007. The project is
approximately 75% complete. Project restarted March 10.
• Grandview Acros 8anitery Sewer Project
The contract was ewarded to Knife River Co. Constn.idion began on June 5, 2007 The project is
approximately 60% complete. Project restarted March 10.
• Rockwel1/3ummarfleld Sanitary Sewer Project Phaae I
Spokane County desiged the projed . The proJect is cuRently out to bid. Bid opening is scheduled
for April 16°'. This pro}ect Is bid with Summerfield.
• Rockwell Sanitary Sewer Project
Taylor Engineering is designing the project. This project tentatively set to bid in late April.
• SummerHeld Sanltary Sewer Project
Taylor Engineering designed the project. The project is currently out to bid. Bid opening is scheduled
for April 16°i. This project is bid with RockwelllSummerfield
• Sutters 3anitary Sewer Project
Century West Engineering is designing the project. The project is currently out to bid. Bid opening is
scheduled for April 23'-.
• White Blrch Santtary 3ewer Project
Century West Engineering is designing the project Tentatively set to place ad in late April
TRAFFIC:
• Continued to monitor new twice-per-cycle left tum phasing at the intersection of 7renVArgonne.
• Sifll worlting on lunchtime coordination plan on Sprague from Pines to Sullivan.
• CorTtinued to evaluate installation locations for McDonald school beacons.
• Worked with WSDOT on agreement fof coordination of WSDOT signals wfth Va11ey signals.
• Assisted Capttal Projects with design issues on Appleway, Sprague/Conklin signal, Pines-
Mansfield, and CMACl grants.
• 20 New citizen requests/complaints were received via phone and email. These typlcally involve
traffic signals, stop sign requests, speeding complaints, bus stop concems, streetNght outages,
requests for new streetlights, traffic count requests, and parking issues.
STORMWATER:
• Worked with Dev. Engineering and submitted Spokane Velley's First Year Annual Report as
required by the NPDES Eastem WA Phase II Muniupal Stormwater Permit.
• Still planning for implementation of the NPDES Phase II and UIC requirements.
• Interviewed and hired 2 intems for summer GPS stormwater inventory.
STREET 8 STORMWATER MAINTENANCE ACTIVITY:
Public Worlcs activitles tor the month of Maroh are as follows;
1. AAA Sweeping, LLC continued spring sweeping operations on the #1 & ti2 arterials, and sidewalk
cleaning.
2. AAA Sweeping, LLC vactor was utilized for under-ground struc#ure cleaning.
Poe Asphalt personnel continued with the pothole patrol program and made temporary repairs.
4. Poe Asphatt provided personnel for grading City dirt streets.
5. Cat's Eye Excavating began installing a series of under-ground structures for stormwater control and
ground water quality.
6. Geiger crews continued one day per week in the City of Spokane Valley with litter/vegetation control.
Poe Asphalt summer activities for street repairs are still in the planning stage, and are being worked
on daily.
STREET: Through the end of March private contracts invoiced $56,844, and the County invoiced
$1,102,665 for a total Street Maintenance cost of $1,159,509.
STORMWATER: The County invoiced $2,924 and private contracts invoiced $128.089, for a total
Stormwater Maintenance cost oi $131,013.
The overall total for 2008 through March is $1,290,522.
Street & Stonnwater Malntenance Totals through March
I ,
1007 Counfy Stormwster
4 co.a s2,431
2008 Counly Slonnwatu
Cosb $2,921
2007 Pfirafo SMr►nwabr
costs $1.11?
3
2008 PMvete Stormwsbr
Costs i128.089
i
. ,
2
Z007 Ptivab 8trrst Cosb ~
~ $26,369
~ ■2007 Maintwwnce Costs
2DOO Ptlvate 9trsN Costs ~ ■2008 Maintananca Costs
s $200,000 s400.000 $soo.ono se00,000 $1,000,000 si 200,000
cTrr or
ley.
Capttal Improvement Prograrn
2008 PROJECTS
Eathnslod
Desipn Cantructlon 2006 ToW Pro)sct
Conetructfon Projscts Project Locat~ori Furydfng CO~ CompieEa ComplNs Fu~ Cost
cm5 Plnea/Mansfield Prvjod Wilbur Rd. to Prnes Rd., Pinas to 190 7!BlCMAO Oct-09 99% ORi $ 1,032.015 $ 5,378,372
ooie Appleway Avenue Reconstnx6ion Tachuby Rd. to Hodges Rd_ STP(U) Od-08 10096 10% $ 8Q9.000 $ 8.099.588
ciow Berker Roed Bridge Rapleoemnl Berker Rd. at Spokene River SR Dec-09 9996 0% $ 886,101 $ 10,000,000
oosa 24fh Avenue Reconetrudron Sulfnran Rd to Veracrest/22nd Ava Intera. CJty Sep-08 gp% p% g 900,000 $ gpp ppp
oosT Brondway/Fancfwr PCC Intersectian Broadwny ard Fancho► tnleraecdon S1P(U} Od-08 3596 096 $ 581,000 s 561.000
ooaz SpragumSowdisfi PCC InEerseciion Sprague and Bowdish Intewsection STA Oct-08 594 d96 $ 182,900 S 892.000
ooee Broadway Ava Rehab EB 1-90 Ramps ro Pwic Rd STP(U) Oct-09 0% 0% S 110.100 i 741,200
oo» Signel Controilar Upprade Venotts Locatlons CMAQ Nov-08 9696 0"16 S 34.600 S 258.400
oon SpragualConkfin Siqnel Sprepun snd Conklin IMersedion DeveMpm Od-08 100% 096 $ - $ 250,000
ooe3 Broadwey Ave Salety tmprovement Peric Rd !o Phtes Rd TIB Oct-08 0'96 0% $ 187,000 S 933.000
Dishmen INGca Rehab /lppiewey Ave Eo 16th Ave city Na 0'f6
Montgomory Ave Reheb Argonne Rd Do Universiry Rd Gry Ne 096
Eudid Ave Rehab SuHhrnn Rd ro Fiora RA city nlp q%
0073.74,75 Swimming Poo1 Upgrade Prqec! Park RA, Terrace Vew. F. Vellay Missinn City Jurt-09 1009G 1% $ 1.900,000 $ 2,522,00()
Deslpn ProNcts
coee BruaQway Ave Reoonstrueiion Moofe Rd to Fiora Rd TIB Od-48 596 0% S 50.000 $ 2.198,000
oam Mth Ave Psthway Sands Rd to Woodruft Rd STP(E) Sep-09 0% 0% i 1,000 S 355,000
ooee ChOdren's Universsl Paric Mlrabeeu Pant Park StaDa/Ciry Sep-09 0% 096 S 150,000 S 1,000.000
Om APPimvaY/SProgueOWmar► Mica fTS AppleweylSprague 1-90 to Univarsity CMAOI Apr-09 09i, U% $ 47,000 $ 830.700
Dlahman Mka. Appleway ro 18th WSDOT
Sswsr Projecls
oose SpalQinqS - Paveback indiana West of Monteanery city t 1/t107 10044 0% $ 50,000 Na
°°57 Grandrie+►' Acres - Pavebark ButlM to Cement. Fairview b Empke city 6!1 f07 100% 8096 $ 7.300 Na
oo6e TrenNrood - Pavebadc Verder pD Eaerpreen, Trent M Wellesley Gityy 811107 10096 76% S 8.000 Na
ooot RaccwelUSummedGeld Phaee I- Pavebedc RocJcwall, Eveigrnen to Sulf}van Clly 11/101 100% 096 S 51.400 Na
oQ70 RodMred - Pavebeck Avalon b Adsms, Trent to Wabash Ciiy 1111108 5096 096 j 242,300 Ma
°m Sun'^°rfiold - Pavebark Mems to Sudivan. Trvnt to Otympic city t 111108 10096 096 $ 258.900 n/a
ooe2 Sut6ms - PaMebadc Evetgreen to Ptogress, 16th la 8th City 111101 100X 096 $ 169,7D0 Na
oani While Birch - Pavebedc SulfNan to Fbre, 4th to &oacfway city 11/1108 5Q% 0% $ 110,000 Na
ONwr Propcb
APiiewaY Bhrd M--nweiiil Aa.-=W) Unkersily Ftd lo Everprgen Rd STP(U) DwA)8 0'K 096 S 64.000 S 205,000
0072 Oid Senior Center Bidg DemofiCwn I,tission Ave and Bowdish Rd Gty Jun-08 10076 0%
Total ; 7,545,316 = 33,144,240
STP(U), (E) - Surtaoe Transportstion Progrom (Urban), (Enhancement); 1'IB - Tranaportation Improvemwt Board; BR -
CDBG - Community Oevelopment Bbik Grant Program: CMAQ - Congastion Ntana menUAir Quafi ~e Replao~~ent:
9e ty Program; STA • Spolwne Transi! Authonty
Mnr 2008 Constrim:tion Projeds
NE VAt
O ~i C
I_ ~L
~
. ~ ~
DEPA M 1 ~iIT~ { ,H, CHIEF
„ .H ~ .t~(ll~~lr~ Emergency Communlcation System
~ The abiGfy to have re~iable radio cflrtxnuniceUms rfide respondmg b an emergency a al the emorgency scene ia
critical b acMevft a sale and 6uccessNl ouEcflme_ H ws canl tadc b other responding uMb wi9tiln arr own depert-
mer►!, fek b unils hm ather apendea. ot request add'iU'ond reaouroes b assist. we heve tAe pobntlal d twi bekV
as ef(ectinre in hsncA'mg en emergency a wase yet, we may be putfing some of the emergerx.y respondera at risk for
rsjury. Our exEsting county-wide rado system has some specafiC shortoornings that need 1D be eddressed so Ihat we
can aswre reHable radb communica5ons. 5ome of the issues that need to Oe addressed are-
• Lack of radb coverape
Lack of radio hequendea
• Ladc ol'1nleroperablAtY artan9 onapencp mpOrme eDedea
• LBdc o1 dsQa fntesralion
• A9iny equipment 6 hwompatitift wilh new Wchno4r
;,dded b Ihe above issues ts tlie FCC mandiale that roqufrss everyone b oortvett lo narrow band redio keWaes
by trie end of 2(f12 All of Ihe airtent radio hequencies, wilh Ihe e=eplion vi the Spokane Ve9ey Fire DeparhmanCa
ernergency medkal channel, wM be ebminabd br !he FCC. Meny. i( not ail. of the ptobtems elong with potential
safulf~ons wefe identified 'm a sludy oonduded several yeara ago.
1he adufion that aQequalely addresses ft prodem woci't haPPe^ 4uickl1►. Rep4KkqfM radio aystem ia a multl•Yew
-;nd muttl-phm process wdh en esdmabd coat d $40 miUion. Identitybng a(undfnp souroe for sometlhing o( fha
maplude has been difficsrll Thfs coit estimate indudes the b9ow+r~
AW • pesign 8 engwneenng of gte new reft system
• Raft tower Obs
• Micxovrave dishes (repeaters)
• Radio oontrol equfpmert at sbs
• hdtW purdmse pf puOGc satay moDYe 3 palebb rsfts
~ • pperabng ooata (mairtenanoe, spten rofiwarefiardware wppoct aereemmt)
• ~nstala6on
, The Board d Counq Canwnlsaioners Asvs edopted a resolutioa b pace a proposition on the May 20, 2008, Spedai
Electlon Babt Ihel would impose an edditbnd 1110ei o(1% sa{es and uee tax tor e period af 10 resrs. lt the volers
appro+ro Ihs inorease in sales and use tax, N can only be used pursuant to state staEuft 1ot the imp-ovdrnertt and R-
n anGng d emef'genq cannwniCatlal sy5tems end fepNfbs b indude eQuipment, Crme Checit. and a raverse entet-
;enry noiiflcafion aysiem. This couid be the (undrg b ftu our county-wide rado oommuNcation system and deai
with the FCC mendate 1ha1'3 cankig ad the en0 ot 2012.
wnel doea 4 aa meen b atie spokane vmley Fro oepMrnent? eringing baK* cnme chedk 1a an opera6onal level of
24 haws a Cay T days awwk w4 reduce the car volume oorNnq h b!he 9-1-1 Certtm. a wOl improve our rddio
ooverage na oroy vAraunn our Orisdid.on, bu1 w7 krpxove rado corefage when we rospond to assist atltiar jurisd'~c6ons
in Spokerm Caunry, We wip be able b hava drecl rado cflmmuNcMion w+th law eMoroernenl and other govertment
agenaes. It wi qovide a dedfcabd radio krequacy ta data commux►kx5orta io our mob8e data romputers on eadh
or ar Warehia. In the evenl we need !o do an emerger-q oacuabon d people w9thin a sped6c geographic aroa,
wg wfl have tha reverae emergency noHcalion sy5tem ayaikable. Addressing all The issues surroundng tlie enw-
9enc7 comrnw*Wori slstam wl suPDort al wnw9nc1► mopmfts h echieving a sats and suooessfvl oulcara.
PAGE 2
~
EMS Division ~
~
t he Spokane Valley Fire Department has a respiratory protec:tion pro-
~
~ ram far our employe►cs. It includes not only the wearing of a SCBA I
~cIf Contained Breathing Apparatus) tor use during strur.tural fires; it
'r .
::Iso includes the wearing of a high efficiency particulate air ar HEPA ~
- ~~,.I;pirator when cciming intu contact with airborne vii•uses arid bacieria. '
The Department riirrently has a rache of air purifying half-face respira-
tors v►•hich are scheduled tu be used if and when an avian influenza pan- ~
demic arrivNS in the coverage area of the Departmeni. The half-face
~
respirators are for nwitiple uses and will be assigned ta each shift em-
ployee. Having a reusahlr respirator decreases the rost and eliminates ~
thc issue of running aut of respirators during a pantlrmic event. The
~
respirators will be storeci, atong with extra filters, for dispensing to our
employees when needet!_ By protecting our employees from airUarne ~
diseases, thc Department wiU be able to keep our employees healthy ~
and in a position to continue to providc the best service possible to the '
citizeas af our coverage area.
1'dllllllt►' IV'151011
~
()ur lce Itescue Team met at Liberty I.ake ti> txkc advant.ige cif thr icr
Juring.lanuary. 'I'hey conducted sim«lated rescties using immersion suits.
r()pes and ice rescite steds. Annua! lncident Cammand System (ICS) train-
ing «•as cnmpleted in January. SVFD is currrntly h•ained to the IGS leve!
° =that F ederal Etnergency Management Agency (FM%) mandates. Tliis
• training iv mandatPd for all agencies thet «•ould he invalved in a major
fiisaster in our area.
I n rebruary, civilian aiul firetighter rescuc• rrtrrshrr traiiiing wati con-
41ucted. The Spokane Regiona] Fire Recruit Academy alsa started Feb 1-1.
The Spokane Valley Fire L)rpartment has + new firefightera enrolled anci
the Spokane Fire Department has 1 I new firefighters enrolle+-!.
' This is a combined academy and both agencies' facilities and in-
structors are used. The academy is 11 weeks long and teaches the
~ ne«• tirefighters the basic skills needecl to be etnployrd as a firc-
. fightrr.
March's drills cunsisted ut' deployinG, exlcricling, and handling
hose lines. Mare civilian search anci reticuc 5«vrr cnnclticted in
conjunction with the hase training.
. .
:.'Oil8
lanuary-llardi 2003 F, a F 3
SVFD Honor Guard/Pipe and Drum Corp
The s . . . •o. Drum s .
following w t . . . schedtited.
D Employee t D
. o - Awards - r
NtricWs D. '
*-i: -
i
Fr1~1 1'r~l~~~l ~~1, ~1~1`~I~'ii~►~ii)~'~, RM
Check out our wobsite for
~ - When a nawral hazard event happens such as upcoming events st
ice storm or firestorm, it is not automatically wM,M,,spoksnevslleyfiro.com
~
defined as a disaster. It is the people who are
~ harmed, killed, or displaced as a result of these evenu that define it ~
~ as a disaster. Betause people are part of this equation, changes in how people behave ~
( can have significant impact during these times. ~
~ The U.S. Department of Homeland Security (DHS) has outlined the top 10 items for a~
basic emergency supply kit- Everyone can be prepared for emergencies by following I
~ DHS Ready Campaign's three easy sceps: prepare an emergency supply kit, make a~
~ family emergenry plan, and be informed about the klnds of emergencies in your area. ~
~ They list some of the items in tt►ese kits to include: water, food, radio, flashlight, first-
I aid kit, moist towelettes, garba,ge bags, wrench or pliers and personal items. Essential ~
personal items would be medjcations. You may find more information through their ~
~ website at www.ready,gov. We like to take this a step further, by adding a plan and ~
~ supplies for your animals.
I
I The Spokane Valley Fire Department has the next step co this preparedness. That is ~
~ our Community Emergency Response Team valning. We not onlr talk about aspects
' of preparedness. We a{so provide you the hands-on training. Our next class will srart 1
_ in the September 2008, if you are interested please call our Adminisvauon 3c 928-1700. [
APT I
- . . •
♦ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ♦
P.1GE. d
Recreational/Camping/Cooking Fires ~
Badcyard barbecues, chimneas ond athcf patio/dedc wartnen are ollowed year
-ramd, as long as anly approved fuel is used: seasoned (ctaon and dry) fire- ~
t wood, brlquettes, or propane. Approvcd campfires at desfgnated places in
i porlcs and compgrounds cre olso ollowed. D(sposal of ve9etotive waste in a ,
' recreotional fire 1s prohibited. When flres are located in rings or pits, fires ~
must be no (aryer tfian 3 feet in diameter and 2 feet In harght. Fires must be r
at lecst 25 feet from ony combustible construdion. Fire must be ottended at
all times. '
~ Reueational fires are defined os fires for pleowre, religious, ceremor►ioi, cook-
ing, warmth or simllar purposes (2006 Irttemationol Fire Code, Section 307). ~
Rccreational fires sholl be constantiy attended until tha fire is extingufshed. A~
method to extinguish o fire must be availoble at all flres. Budcets, shovels, gar- I
den hoses or a fire extinguisher with c 4A roting w111 need to be presmt.
~
e Restrictions on cooktng/recreational fires occur during periods of impaired air (
quality or whesi fire protection agencies deem conditions ore unwfe. If you have
qutstions or conaems about a plormed cooking/recreational fire, p{ease call the ~
Spokane Valley Fire Dept. at 928-1700 or Spokane Regional Clean AIr Agency ~
at 477-4727 or on the web ct www.seokanecleanair.or9.
If tfie fire department responds to o coll tnvolving your fire ond finds it does not t
e meet the above restrictions, rou may be cited and itned or subject to criminal ~
prosecutfon per RCW 36.43.040. ~
goo
Whrsiever `oii LarLecue rcsivciiiLer
BAnBccuE sAFETV!
• Moke sure that the barbecue is nol neor eny material thot could catct,
ftra.
• Onlr open the propane tank o quorter to one•hpff turn. That is all the
gas the barbetue needs ta operate. If you encovnter a prob{em it is
muth quEcker to tvm it off.
• Alwars open the barbecuo lid before yov Ifght it. If your bortxcue does
~ no! light up tfic fTrst time you try it, shut it off and try agoin in 5 minutes.
• 5tay wfth your fire, from ihe tfine yau first light the barbccue untll you
finish caoking.
• Accidenhs can happen when you leave a barbecue unattended.
• If you use a barbecut lighter nsver set it dawn where childrzn can hpve
access to it.
• Whcn finished cooking, remember to ttwt off the propane tonk as well
as the borbecur.
J.inuarO1ardi 200$
• P1GE 5
Pisopane Grills. a .
• Start the season by firsi inspecting your barhecue and remember to do
this every time you change the propane tank aa well.
• Spray soapy water on all connecdons and suppty lines. If you notice bub-
bles you have a leak. Turn ofi the tank and inspect aU connections for
Hghtness and hoses for damage.
• Remove the grates and lava rocks, then inspect the burner. If it visually
looks good, then Cire it up and make sure you have an even Ilame
throughout. ti you don't have an even Aame, replace the burner with a
new one. Most burners anly last one to two seasons, depending on how
often you use yotu barbecue. Inspect all parts for rust or cracks
and repair as needed. ~
' Charcoal Grifls,
• Never use qasoline to ignite the coals, use oaly apprrnred liqhtez fluid.
. • Let the lighcer tluid soak into the coals for a minute or so beiore lighting. Thie
I wiU give the explosive vapora a chance to dissipate. Neve.r wear loose Stting ~ -
clothinq and stand back irom the coals when you iqnite them. ,
~ • Betoze you light the coals, remove the lighter Suid from the area ai cooldnq.
~ • If the coaLs start to die ont, do not spzay lighter tluid on the hot coals. You could
end up with esplosive zesults.
~ 0 When you cleaa you barbecue, put ashea and coaL in a metal oontainer and
i place the coatainer sway irom all combustibles.
• BEKEHIBEB - It ia yaur landlord's riqht to limit or prohibit the uae oi bazbe- ~
~ cuea on decks or balconies. Be sure to adhere to any limitations contained in (
~ yaur rental aqreement. U you are not sure, check with yoiu on-aite manaqer.
` - - - - - - - - - - - - - - - - - - - - ~
Fii'(' Hi-draills
7
Please • e aware ' n ~ . • ~ ■ ' wr • h. o•
maintained • • the i circumkxence 0 1
hy-
drants. - • include • • t e• • fences, ►as{s.,vehicles,
ft • • •W .o c is-tamm - • • • •
~ • • • fte hydrants.
PAGf 6 r
Smoke Detectors '
~
Please remember to change the batteries in all of tfie smoke detectors in ~
your home and check them monthly to make sure they are worcing. ~
Over 600 citizens have received training in or have ~
~ been infomied of Fire Safety in their community or at ~
• ; the worlc place.
~xt,,,U:~ii~f0(1 IiiltlTlll~lllQil ~'~'iU,( 1 B~u,'
1~~ ~iv1ire Exiiii9uisliei• 11"t"UH11114). I'l-op
~ The Honeyweil Electronic Materials plant at -15128 E. Euclid Avenue has contributed
$10,000 to the Spokane Vailey Fire Depart- ~ mertt (SVFD) to enhance its fire extinguisher - ~
train(ng with more advanced equipment. The ,
WP-
grant has been used to purchase the Hot- F
ShotT" Digital Flame training system, which
° rapresents the latest advancement In tralning I
technology. Current fire extinguisher training is costly and requires cleanup. The Digital
Flame technology can be used for trafnirfg indoprs or witfiin other environmeRts
where open flames are not possible. Over the years, the SVFD has worked
closely witfi Honeywell, training empioyees in the Cammunity Emergency Re-
sponse Team (CERT) program.
The fire department will use this Rew equipment to provide fire extinguisher train-
ing to Honeywell employees and other local businesses throughout ihe Valley.
• Aill
4
~1 _
Januarr•:liarch 2008 f. t ;
~ Prevention Statisfics -Ist Quartei~ ~
~ PERMITS
~
4e Pu►ts I HazARo coMPLAINrs
~ 34 SUPPRESSEON SYSTEMS 873 BUSINES$ES ~
I 13 ALARM SYSTEMS 0 RECALLED SPWNKLER HEAD.;
~ 32 BWLDIN(3 PIAN REVIEW3 6 FIRE WATCH
0 CHAMGE OF USE 7 FIRF ALARM ACCEPTANCE
~ 0 FlREWORKS 17 BUILDING ACCEPTANGE ~
I 40 TENANT INPROVEMENT 5 HOOD SYSTEM ACCEFTANCE
~ 2 TEMPORARY STRUCTURE 14 SUPPRES510N ACCEFTANCE
~ T4TAL PERMITS TOTAL lNSpECTlONS ~
~ 169 923 ~
~ - ~ s a ~ ~ ~ ~ ~ r= ~ ~ ~ ~
Response Totals
, DATE FMMNSE TOTALS
SMKANIE ' a•,• + ! 2008 SVFD 2007 SYrD •r.
VALLEY Jan_ - Mar. Jan. - Msr. Change
W-CIDENTTYPF- ~1° !L ilf. iP
_ SkVW - 102 10Q 2.Q0
16 20 •10.QU
7 1 t -36.36
2 9 -77.78
18i 15ti 3.21
~70 n03 T,a2
YEAR 1 7 -42.~b
1 tT6 96tJ 2{.3~
o a o.oo
7 2 z6o.oo
0 4 -100.00
~ o o.oo
13 2i J~ 5.00
2 3 -33.33
222 185 13.85
13 9 44,4d
45 51 -11.78
• DATE TOTALS 2400 42 72 229
T743 Z459 11.55
Unincurporated Area . . . . . b
A fS
lnvestigations- I st Quarter `
~
12- Totnl lnveotigntions with an estjmnted $246,900 in property demoge- (
4-lnteationnl/Crlminal fim cnusing nn edimatecl $20,400 la paaperty dnmega. ~
h-aoddentnl, ibree (3) of whicb were caused by meens od beatin8 aPPlieaaes; one
(l) caused by an electrtcal melh►nction. one (1) ceuied hy smoking, nnd ane (1) ceused
by rnoktng. ~
2-Uadetesmtned l
Heatita npyllances tn resldentW prapettlea were agnin the IeI oauie of struc- ~
ture firns within tbe jnrisaictioo af ibe $poknae Vnlley FSre Departmenl. Remeinber '
to mnintaln nt lenat l}ssee (3) feet oI dearnnaa betweea spnt,e beaters and oombusti-
ble mcterinjs aad c.bange yaur nir ftlters in your furnecr per !he mnnufnctumr a rec- ~
ommeadetionL ~ .--~~,r~l"~I~,11~1l►~.stt~~~p,~f~~'1~~1,~►~~~~~~~~~~~~~~•f
...,i.a a.~e..; ~S
vilo(lk SI-Ation rToillis
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ar,d New Ifires
SandcjZink-AclministretivelA.~su'atant-Refircx~ Qcloler `(II
Bi~l Cli{ford-Depufy f'imMnrsl~al-Promatecl Februarq'08
I.oura Hu6rtaht-AdministrattveA.sstsfnnt-HIrc4 Octolet"07
Ahreham Nisbet---Etre4lghter-Htred Februnry'Q$
TbnmasC:4rlc,toa-Fire4igtitt.~r-Hircd Februory'08
$ean Wa6ner-Firefighter-1-6(-d Fe,ruary'08
Timot6y Ynge--Firefighter-Hired Fe.l)nsary'0$
VQla/iQB1lpdC?dtS-HIITtSAI} f\EynOl1lc-e Di1e!:IO[^1If TL=(~ FebfllAfy ~RJ ~
1
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